Melville Fuller

“ The 2,100 varas were surplus lands, so far as the Indians were concerned, and vacant in the sense that the Indians had no title to them, yet nevertheless the interpreters may have been in occupation thereon as outlying Indian lands, and, upon the surplus being ascertained, may have asserted a superior right to what they were there cultivating, and demanded that that be conceded in the distribution under the new grant. If this were so, it would satisfactorily explain the certificate of Armenta and the contention referred to by Vergara. ”

“ We also protest that we will not injure with our persons or stock a few trees which the Indians claim as their own, although they are planted beyond the limits of the lands which belong to them. Therefore we humbly pray your excellency to be pleased to order our request to be complied with, granting us the vacant land asked for; by doing which we will receive grace, and we swear, in due form, that our petition is not made through malice ”

“ It will be perceived that the controversy is asserted to be not whether the Garcias' land included that of the other settlers, but whether the land of the latter embraced that of the Garcias. It is this question which the governor is asked to determine. The 'others' are plainly the 18 settlers, and they are the grantees who are said to be alleging title to all the lands. ”

“ And because as first possessors we have the right to enjoy said lands and to cultivate them with full title, as well ourselves, our children, and our successors, and so that none of those who are present may plead ignorance, we have so spoken to-day, there being no one absent. ”

“ The last settlers cannot deny to the Garcias a better title, and so these should always remain on the same grant which they have held hitherto; and, if the said new settlers do not coincide, you will not permit them recourse for and such which they may possess, they will not have the royal audience of Guadalajara, as the documents referred to were sanctioned by former governors of this province, and the said royal audience alone can annul them ”

“ The surveyor general made his report to congress under date June 10, 1859, approving the grant, and stating that 'the evidence shows that the town has been in continuous occupation of the claimants, and was in existence when the United States assumed sovereignty over the country.' The grant was thereupon confirmed by congress, June 21, 1860 (12 Stat. 71, c. 167, § 3) . The patent for this grant was issued October 21, 1881, to the original 20 grantees and those claiming under or through them. ”

“ It was also provided that it should 'not be lawful to give or distribute lands in a settlement to such persons as already possess some in another settlement, unless they shall leave their former residence, and remove themselves to the new place to be settled, except where they shall have resided in the first settlement during the four years necessary to entitle them to fee-simple right, or unless they shall relinquish their title to the same for not having fulfilled their obligation.' Lib. ”

“ In that act the alcalde, Armenta, states that in the Ca non de San Diego de los Jemez, having summoned the natives of the pueblo of Jemez, to whom was measured the league belonging to them, he found a surplus of 2,100 varas, which the Indians had, before arriving at the Ca non de San Diego, and were claiming as their own, but to which he says they had no right in any manner ”