Democratic Sentinel, Volume 11, Number 17, Rensselaer, Jasper County, 27 May 1887 — NEW MEXICO’S CURSE [ARTICLE]

NEW MEXICO’S CURSE

What Surveyor-General Julian Has Done Toward Scotching the Land Ihieves. The Democratic Administration a Blessing to the Territory— Instances of Robbery of the Public Domain. Indianapolis Sentinel: Several Western Sen itors who have large landed interests in New Mexico and are in sympathy with Dorsey, Elkins and their confederates, are displeased with the thorough work of Surveyor-General J ulian. One of these Senators, Plumb, of Kansas, near the close of the 1 t 4 Congress introduced and had adopted the following resolution: “Resolved, That the Secretary of the Interior be, and hereby is, directed to inform the Senate whether the Surveyor-General of the Territory of New Mexico or the ) Surveyor-General of the Territory of Arizona has taken any action in

the nature|of a readjudication or otherwise respecting any private land claims in either of said territories, which has been acted upon by his predecessor in office in the manner contemplated by section 8 of the act of Congress approved July 22,1854 (Stat. Vol. 10, p. 308), or the act of Congress approved July 15,1870 (Stat. Yo . 16, p. 291), and has been and is now pending in Congress for confirmation or recognition, and if so, to furnish the Senate with a list of alls :ch claims so acted upon, and the authority of law under which such officer assumes to have acted.!* Commi. sioner Sparks answered this resolution, which answer the Sentinel presorts to its readers, and which will show that the Kansas Senator got more than he bargained for, and unwittingly supplied the Democratic party with a first-rate campaign document. Mr. Sparks says: 9 “Upon assuming the duties of this office my attent'on was directed to the class of cases i r dicatei, by the appeals and protests of persons claiming to be settlers upon

the public domain, against the unlawful inclosure of Government lands by preliminary surveys of alleged private land claims in tbe Territories of New Mexico and Arizona, and in my first annual report the attention of Congress was earnestly called to the subject. The present Surveyor-General for New Mexico having, upon a partial examination of th » subject, come to the conclusion that the United States had been imposed upon by former Surveyors General, in theirfavorable recommendations upon claims which had no validity, and surveys having been made of worthless claims, and others executed grossly in excess of the quantity of land granted (where there was a grant of recoid) asked instructions in the premises. Jn response, h? was, under date of December 11,1886, instructed as follows:

Department of the Interior, } General L* nd Office, Washington, D. C. Dec. 11, George W. Julian, Esq., SurveyorGeneral, Santa Fe,|N. M.: My Dear Sir —I have received your personal note of the 3d instant, relative to reports (five in number) and private land claims transmitted by you, and also desiring to kno v what policy should be pursued in respect to the examination of cases heretofore reported by youi predecessors. Your reports have been received. In my annual report I have recommended that all claims heretofore transmitted to Congress pro forms, through this office, be remanded for re-examination. Should any cases reported upo by your predecessors be brought to your attention, in which it appears that an investigation is desirable in the public m erest, 1 know of no objection to your making such investigation, but, on the contrary, fnifix it ought to be made for the information of this office and Congress. Any supplemental reports sent up by you will be transmitted to Congress for consideration. Very respectfully, . W illiam A. J. Sparks, Commissioner.

The object of this letter was to Drocure and transmit to the legislative branch of the Government, for its consideration, ah available information regarding such claims. The reports heretofore made by Surveyors-General, under the act of 1854, have been exparte. The United States was not represented. In m..ny instances no witoesses were examined, and in cases where witnesses were called and testified they were invariably those produced in the interest of the grant claimants.

The subsisting preliminary surveys have evidently been made in the interest of the claimants, without respect to the quantity originally granted, and in nearly every instance have been extravagantly enlarged. Believing that, for the protection of the United States and the proper information of this Department and Congress, -■ critical and competent examination of these claims was demanded, and with a view to avoid future litigation, SurveyorGeneral Julian was instructed as above qu< ted. The authority of law for this course is found in the general administrative powers of this office and Department, (Sec. 453 U.S., Bev : sed Statutes) and in the acts of Congress making appropriations for the protect on of public lands from fraudulent entry or appropriation, and for making surveys or examinations for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States. The following is a list of supplemental reports received at this office since said letter of December 11, 1885, with note of the situation of each case:' No. 45—0j0 del Anil —Jose Sutton, claimant: . Surveyor-General Wilbar, Sep--25, 1861, recommended confirmation for sixteen square leagues. Preliminary survey covers 69,445,55 acres.

Surveyor-General Julian recommends rejection of the claim. There was no grant; the property claimed was never reduced to private property, and there was no oooupation or improvement; hence, no legal or equitable claim was shown. No. 49- Grant of Bernadi M. Montano et al. : Recommended for confirmation by aurveyor-general T Rush Spencer, November 16, 1870 for seven square leagues. Preliminary survey 151,056,97 acres. Sur-veyor-General Julian in his supplementary report recommended confirmation for seven leagues about 31,000 acres. No. 40— anada de las Apatches grant: The heirs and legal representatives of Antonio claimants. Recommended for confirmation June 15,1871, by T. Rush Spencer. Preliminary survey, 88,079.78 acres Surveyor-general Jnlian recommends the rejection of the claim as invalid, in view of failure to show even an equitable claim. No. 51— Nerio Antonio Montoya grant: Recommended for confirmation June 20,1871, by T. ush Spencer, sur-veyr-general. Preliminary survey, 3,545.06. Surveyor-general Julian recommends the rejection of this claim, there being no legal title or equitable claim. Should this claim be confirmed it will be impracticable on account of vaguen ss and indefiniteness in description to locate it on the earth’s surface

No. 55—Encinas grant. Jose Luis Valdez et al., claimants: Recommended Nov. 16,1871, for confirmatic n. t reliminary survey 6,583.29 acres. Surveyor-general Julian recommends the rejection of the claim •for the reason that there was no valid grant, nor was there any equitable claim shown; and sho’d the claim be confirmed, the boundaries are too vague and indefinite to be locate 1. No 62 —Town of Cieneguilla: Surveyor-generalT. Rush Spenc r, under date of June 13, 1872, recommended the confirmation of this claim to the twenty pe. sons named in the act of judicial possession, and according *o the boundaries described in the act of possession. Preliminary survey, 131,725.54 acres. Surveyor-general Julian upon a re-exrmination of this case recognizes an equitable claim to the land claimed. No. 66 —San Joaquin del Nacimiento: Surveyor-general Proudfit, under date of November 30, 1872, recommended the confirmation to Joaqujh de Luna et al. Preliminary survey, 131,725.85 acr, j s. Surveyor-general. Juliau recommends the rejection of the claim as invalid. No. 67—Ana de Sandoral y Manzanares, of the San Clemente tract: Recommended for confirmation by surveyor-general T. Rush Spencer, Niv mber 18, 1871. Preliminary survey for 89,403.40 acres. Surveyor-general Julian recommends its rejection. The present claimants have failed to present a claim of title from the original grantees. No evidence that the original grantee complied with the conditions of the grant. No. 68— Land grant to Luis de Armenta: Recommended tor confirmation to Luis Gold, estimated area 475 acres. Preliminary survey 444.24 acres. Surveyor-general Julian recommends confirmation for 8 82-100 acres of land. No. 70 —Estancia tract: Surwyot-general Proudfit recommended confirmatic n to Gervacio Nolan. Preliminary Survey 415,036,56 acres. Surveyor-general Julian recommends the rejection of the claim as invalid. The Governor could, under the laws of 1824 and regulation? of 1828, grant but eleven square leagues to one individual, and Sandoval having had

No. 138 —Canada de Santa Clara: Surveyor-gener 1 Pullen recommended the confirmation for the land claimed. No preliminary survey. Surveyor-general Julian recognizes the grant as valid, and recommends that the United Stages purchase the land from the claimants, and thereby open up to settlement some 90,0* *0 acres of lan . No. 139—Santa Tomas d Yturbide Colony grant: Surveyor-General Pullen recommended the confirmation. No preliminary survey; estimated area 8,877 36 acres. Surveyor-general •ulian recommended the rejection of the claim, but subsequently additional evidence was filed; and he states that had these papers been before him when he made his first report the conclusion reached wo’d have been different. I rom the foregoing synopsis it will be seen that the surveyor-gen-eral for New Mexico has re-exam-ined and made supplementary reports in thirty-five cases, the ascertained and estimated area of the land clai ~ed amounting to L--380,048 56 acres. In the remaining cases he recommends confirmation of title; but in almost every instance for a much less quantity + han that rlaimed. In his annual report for the year ending June 30,1886, he states that in the examination of these cases he has endeavored, as far as practical le, to find out the grant claimants and notify them of the proceedings, so they might file additional papers or proofs. “I have studiously avoided,” says Mr. Julian, “hasty action and exnarte investigations, d siring to ascertain the real merits of each cas *; and, under this liberal p licy, my first opinion as to the validity of several grants has been modified by supplementary proofs. While I have not been speciall / instructed to pursue P'is course, I have deemed it advisable under gener.d instructions and in aid of the action of Congress.” At a later date surveyor-general Hise was instru ted in substantially the same manner that Mr. Julian had been; and, pursuant to such instructions, one supplementary report has been received here upon claim No 17—T,es Alamos: Recommended for confirmation by sur-veyor-general Robbins, +or ten square leagues, co be located on both sides of the San Pedro River. There has been no preliminary survey of said c’aim, and surveyorgeneral Hise recommerds its rejection as invalid. If "alid, he reports that it could not be located on the earth’s surface, on account of vagueness in description. The senate resolution is herewith returned. Yerv Respectfully, William A. J. Sparks, Commissioner.

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