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Show REPORT OF THE COXMISSIONER Ol? INDIAN AFFAIRS. 115 Government to provide other lands for the Indians affected by the decision, and, as it is reported that they will go from their former homes practically empty handed and penniless, relief in the way of necessaries of life must needs be afforded them. This matter will be made the subject of a special wmmunication. The titles of the cases are Allejandro Barker et al., plainMs in error, u. J. Downey Harvey, administrator of the estate of John Downey, deceased, and the Merchants' Exchange Bank of San Francisco (No. 209) and Jesus Quevas, alias Jesus Cuevo et al., plaintiffs in error, u. Harvey, administrator (No. %lo), the plaintiffs in error being Mission Indiana. The cases were reported as follows: These caseawere brought by defendants in error in the superior court of the county of San Diego, Gal., to quiet their title to certain premises in that county. Decrees rendered in their favorwere carried to the supreme court of the Stateand by that court affirmed (126 Cal., 262). To such ffirmance these writs of error have been sued out. The facts in the casea are so nearly alike that it is sufficient to consider only the h t . The land in question is within the limita of the territory ceded to the United Stam bythe treaty of Guadalupe Hidalgo, February 2,1848 (9 Stat., 922). Generally speaking, the plaintiffs claim title by virtue of a patent issued to John J. Warner on January 16, 1880, in confirmation of two grants made by the Mexican Government. On the other hand, the defendants do not claim a fee in the premises, but only a right of permanent occupancy by virtue of the alleged fact that they are Mission Indiam (so called) and had been in occupation of the premisea long before the Mex-ican grants, and, of course, before any dominion acquired by this Government over the territory; insieting, further, that the Government of Mexico had dways recog-nixed the lawfulness and Dermanence of their occu~ancv, and that such right of ~~ -~~ ~ A .. occupancy was protected by'the terms of the treaty and themlea of international law. The treatyof Guadalupe Hidalgo provided in Article VIII a8 follows: 1 ABTICLE VIU. Mexioana now eatabilshed in territorie. previously belonging to Mexiw and which remain for the fuhm within the limits of the United states, as defined by the present treaty, ahdl be ~ -~ ~~ ~~ ~ ~ free 10 continnr wlberO they now reaide or IS, remow at an) tilrtr to the hlrrirao Kcpublic, WleiilllnK tl,e I~IOPPIL). \vluell rllcy p ~ s - ew~rnl r cdd rrrntnncr,. rdirposir~gth ewoi BUJ revauuiz~gi he I mceeda wherever they pl-9~~ W ~ ~ ~ I Ll hU~Ll rb l.lnp .uLjecfvd vn rhm arvuu~llt o any wnmbution, tar, or charge whatever. Thme who ahe.11 prefer to remain in the mid temitode mey either retain the title and rights of ~ e x i o s no itiaens or acquire those of citizens of the United states, but they aha11 be under the obli-gation to make their election within one year from tho date of the exchange of ratifications of this treaty, md those who shdi remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexi-, shall be considered to have e..l.e...a tsd to hecome citizens of the United States. ~ ~. ~ ~~ 11, 111ewudr *rmrrie< tila prdpens o i r r r ry kind nnu belonging b, hlenirnns nor c~rabllshedt here &Idnibl e i n r i ~ l ~ hries.. yerle.l. i hr grerer!l nnvnt rii, the ilriraoi thee. and all Mcxicane lrih.8 may herrai l ,r u..=- w#i~n%.m.~i d i~~mn~ertr~1 r ~~~n! rr~trlsbeanIiIw with W ~ C I IOI I euamliCt( eollalil. -PI+ n ~ ~ r ~~ . . ~ ~ I asif the ssme belonged to citizens of the United stat&: i Article X, as originally prepared, was stricken out by the Senate, but in the pro-tocol signed by the representatives of the two nations at the time of the ratification, 1 on May 26, 1848, it was stated: 26. The American Government, 1,y suppressing the tenth articie of the tmty of Quedslupe, did not in any wsy intend M snnul the grants of lande made by Mexioo in the ceded territories. Theae i grants, notwithstanding the suppression of the article of the treaty, preserve the legal value which the7 ma7 o-ss. and the mantees may oause their lepitimate ltitles) to be a&owl&ed before th&me;iban tribunats. - Gonfo~mablyto the Isw of the United states, legitimate titles to evwdesctiption of property, personal srnd red, existing in the ceded territory are thane which were legitimate title nuder the Mexicen law in Odiforni& and New mexioo up to the 13th of May. 1846, and in T- up to the 2d M~roh1, 836. (EL. DOCN. o. €0, H. R.. Thirtieth Gong-, 8seoond -ion, P. 77.) |