David Josiah Brewer

“ All grants of land made by the Mexican government, or by the competent authorities in territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid to the same extent that the same grants would be valid if the said territories had remained within the limits of Mexico. ”

“ The emigrating families are to present themselves to the ayuntamiento of the 'place where they wish to settle,' not the ayuntamiento of the town nearest to the land upon which they wish to settle. The natural meaning of this is that when families desire to settle within the limits of a town they shall present themselves to the ayuntamiento of that town for a designation of the lands they may occupy. ”

“ It is the duty of a nation receiving a cession of territory to respect all rights of property as those rights were recognized by the nation making the cession, but it is no part of its duty to right the wrongs which the grantor nation may have theretofore committed upon every individual. ”

“ In April, 1823, one Doctor John Heath, or Juan Gid, as his name is written in the Spanish, petitioned the ayuntamiento or general council of El Paso for a grant of a tract of land, which petition was acted upon by the ayuntamiento, and a tract five leagues square was granted to him. ”

“ To each empresario, who introduces and establishes families in any of the provinces designated for colonization, there shall be granted at the rate of three haciendas and two labors, for each two hundred families so introduced by him, but he will lose the right of property over said lands should he not have populated and cultivated them in twelve years from the date of the concession. ”

“ But the grantees of land in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfill the said conditions within the periods limited within the same, respectively; such periods to be now counted from the date of the exchange of ratifications of this treaty ”

“ One labor shall be composed of one million square varas, that is to say, one thousand varas on each side, which measurement shall be the unity for counting one, two or more labors. These labors can be divided into halves and quarters, but not less. ”

“ At the end of twenty years the proprietors of the lands, acquired in virtue of the foregoing article, must alienate two-thirds part of said lands, either by sale, donation, or in any other manner he pleases. ”

“ The national colonization law of January 4, 1823, under which these proceedings were had, is, so far as it can have any application to the present case, translated by Rockwell (Rock. Sp. Law, p. 617) , as follows:
'Article 1. The government of the Mexican nation will protect the liberty, property and civil rights of all foreigners, who profess the Roman Catholic apostolic religion, the established religion of the empire.
'Art. 2. To facilitate their establishment, the executive will distribute lands to them, under the conditions and terms herein expressed. ”

“ After this time they shall in all things relating to taxes and contributions, be placed on the same footing with the other citizens.'
'Art. 29. Every person shall be free to leave the empire, and can alienate the lands over which he may have acquired the right of property, agreeably to the tenor of this law, and he can likewise take away from the country all his property, by paying the duties established by law.'
There is a dispute as to the proper translation of section 4, the original of which is:
'Art. 4. ”

“ Las familias queporsi mismas vengan a establecerse, se presentar an immediatamente al respectivo ayuntamiento del lugar en que quieran radicarse, para que conforme a las ordenes con que se hallen del gobierno se les designe por aquel cuerpo el terreno que les corresponda segun la industria que van a plantear;'
And a translation thereof, as furnished by Mr. Tipton, a special agent and Spanish expert of the department of justice in the office of the United States attorney for the court of private land claims, is:
'Art. 4. ”

“ Article 4, upon which the plaintiffs specially rely, makes provision for families who emigrate 'not included in a contract,' evidently referring thereby to the empresario contracts specified in the preceding sec ion. ”