Edward Douglass White

“ The effect of law 7 was to forbid contracts for the establishment of towns unless the settlement was to be made by 10 persons, and to vary the amount of land to be granted according as the number of heads of families might exceed 10 and be less than 30, which latter is treated by law 6 as being normally required for a contract settlement. Looking at the text of the laws, it is difficult to understand upon what theory the claim is advanced that every Spanish town, whether settled under contract or not, was entitled to four square leagues. ”

“ The duty of protecting imperfect rights of property under treaties such as those by which territory was ceded by Mexico to the United States in 1848 and 1853, in existence at the time of such cessions, rests upon the political, and not the judicial, department of the government. ”

“ San Antonio, 7 Tex. 288, it was shown that there had been an express grant, and that the boundaries had been duly marked and laid out, covering six square leagues. But the concession that there was a power in the Spanish crown or its authorized officers to make grants of land, when considered by them to be proper, would not justify a holding that the authorities must have deemed it imperative to make a grant of a definite quantity to every town when established, no matter under what circumstances it was founded. ”

“ In the opening of the trial the counsel for the plaintiff made the following statement: 'After consultation with most of the counsel for the city, the disposition seems to be to respect the claims of the United States, either under its original disposition or under its purchases from private individuals. ”

“ Granting, for argument's sake, the correctness of the contention, it fails to justify the claim of the city, because law 10 does not specify the quantity of land to be enjoyed by a settlement made by individuals uniting for the purpose of settling a new town ”

“ After reciting the fact that, in order to 'reconcile respect for the supreme law with the interest of these pueblos,' the general law, after fixing the limits of the pueblos, and dedicating to public uses the cemeteries and other public places therein, directed that the remainder of the land should be distributed among the fathers or heads of families. ”

“ The purposes to be accomplished by the creation of pueblos did not require their possession of the fee. The interest * * * amounted to little more than a restricted and qualified right to alienate portions of the land to its inhabitants for building or cultivation, and to use the remainder for commons, for pasture lands, or as a source of revenue, or for other public purposes. ”

“ The city, among other things, reserved from the grant all the lots which it then occupied or had set apart for public squares, streets, and sites for schoolhouses, city hall, and other buildings belonging to the corporation; but what lots or parcels were thus occupied or set apart does not appear. ”

“ Thus, in the ordinance of Philip, law 6 of title 5, book 4, of the Recopilacion, was numbered as ordinances 88 and 89. Following those ordinances, down to 99, inclusive, are various provisions regulating contract settlements. Then comes ordinance 100, which is now law 7, above referred to. The next ordinance (101) is identical with law 10. ”

“ Bramall, 4 How. 449, 461; Ainsa v. U.S., 161 U.S. 222, 16 Sup. Ct. 544. To the extent only that congress has vested them with authority to determine and protect such rights can courts exercise jurisdiction. ”