David Josiah Brewer

“ If during all these years the lands were the property of the nation, were to be held and sold only by the a tion, and the proceeds thereof to be accounted for directly to the nation, why should it be decreed that, if the nation takes any part of them for arsenals and other public purposes, credit for the value thereof is to be entered upon the amounts due by the states to the nation? We find it difficult to escape the force of this decree of 1830. ”

“ The government in conformity with the provisions established in this law will proceed to colonize the territories of the republic.'
It is not pretended that the grant in question was made under this colonization law, and we only refer to it as showing a recognition by the general government of some authority on the part of the states in reference to the vacant lands. It will be seen that while article 2 speaks of 'the lands of the nation,' article 3 directs the states to enact colonization laws in conformity to the general provisions of the constitution. ”

“ In that aspect the spasmodic decrees made by dictators in the occasional interruptions of constitutional government should not be given conclusive weight in the determination of rights created during peaceful and regular eras. The divestiture of titles once legally vested is a judicial act. In governments subject to ordinary constitutional limitations a mere executive declaration disturbs no rights that have been vested, and simply presents in any given case to the judicial department the inquiry whether the rights claimed to have been vested were legally so vested. ”

“ The constitutive act of the Mexican federation, adopted January 31, 1824, in articles 5 and 6, declares:
'Art. 5. The nation adopts for the form of its government a popular representative and federal republic.
'Art. 6. Its integral parts are free, sovereign and independent states, in as far as regards exclusively its internal administration, according to the rules laid down in this act, and in the general constitution.' 1 White, New Rec. ”

“ The alienations of public lands, of whatever nature they be, that have been made by the authorities and officials of the departments without the knowledge and approval of the general government, during the epoch when the central system was in force in the republic, are void.
'6. Those made by said authorities in the epoch of the extinguished federation are likewise void: provided they were not made for the purpose of extending and promoting colonization, which was the purpose proposed by the law of August 18th, 1824. ”

“ White's translation of articles 1, 2, 3, 10, 11, and 16 of the colonization law, differing slightly from that given by Reynolds, is as follows:
'Article 1. The Mexican nation offers to foreigners, who come to establish themselves within its territory, security for their persons and property; provided they subject themselves to the laws of the country. ”

“ It was adopted in 1859. It has been upon the statute book for more than twelve years. It must have been transmitted to congress soon after it was enacted, for it was the duty of the secretart of the territory to transmit to that body copies of all laws on or before the 1st of the next December in each year. The simple disapproval by congress at any time would have annulled it. ”