United States Court of Private Land Claims
Encyclopedia
The United States Court of Private Land Claims (1891-1904), was a United States
court created to decide land claims guaranteed by the Treaty of Guadalupe Hidalgo
, in the territories of New Mexico
, Arizona
, and Utah
, and in the states of Nevada
, Colorado
, and Wyoming
.
During Spanish (1598-1821) and Mexican (1821-1846) rule over what was to become the U.S. Southwest
, the governments made land grant
s to various individuals and communities. Under the Treaty of Guadalupe Hidalgo (1848), which ended the Mexican-American War, the United States obtained these territories, and in Article VIII guaranteed the rights of Mexican and former Mexican citizens to their property. However, the U.S. Senate
in ratifying the treaty eliminated Article 10, which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the United States to citizens of Spain and Mexico by those respective governments. Thus land grants were subject to being proved.
In 1851, Congress passed the first legislation implementing the property protection provisions of the Treaty of Guadalupe Hidalgo, however it addressed only the Spanish and Mexican grants in California. Congress focused on California’s land grants first because California was already a populous state, and it wanted to encourage further settlement of the public domain land
there.
In 1854 the U.S. Congress
established the office of the Surveyor General of New Mexico to ascertain "the origin, nature, character, and extent to all claims to lands under the laws, usages, and customs of Spain and Mexico." At first the Congress tried to deal with each land grant by special bill and the House
had a Committee on Private Land Claims, seats on which were sought after as a way of dispensing patronage
. By 1880 the corruption inherent in determining these claims by politics rather than on a legal basis forced an end to this practice. For ten years no claims could be proved as against the United States.
So the U.S. Congress, in 1891, created the Court of Private Land Claims consisting of five justices appointed for a term to expire on December 31, 1895. The court itself was to exist only during this period, although its existence and the terms of the justices were from time to time extended until June 30, 1904. This court was given jurisdiction over claims to land in the territories of New Mexico, Arizona, and Utah, and in the states of Nevada, Colorado, and Wyoming, which had not been previously proved and affirmed by the United States. Many of these Spanish or Mexican land grants were based upon incomplete documentation, in part because those governments did not issue deeds to the grantees, and records were kept variously at the territorial, state, vice-royal or imperial level.
Among the many problems facing the court were the old Spanish system of metes and bounds
. Century or two old landmarks were hard to find. The length of a vara (Spanish yard) might vary depending on the date of the grant. A grant might be to the faldas (Spanish skirt) of the mountains, which could be anywhere from the edge of the foothills to timberline.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
court created to decide land claims guaranteed by the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
, in the territories of New Mexico
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
, Arizona
Arizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
, and Utah
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
, and in the states of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
.
Origins
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
, the governments made land grant
Land grant
A land grant is a gift of real estate – land or its privileges – made by a government or other authority as a reward for services to an individual, especially in return for military service...
s to various individuals and communities. Under the Treaty of Guadalupe Hidalgo (1848), which ended the Mexican-American War, the United States obtained these territories, and in Article VIII guaranteed the rights of Mexican and former Mexican citizens to their property. However, the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in ratifying the treaty eliminated Article 10, which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the United States to citizens of Spain and Mexico by those respective governments. Thus land grants were subject to being proved.
In 1851, Congress passed the first legislation implementing the property protection provisions of the Treaty of Guadalupe Hidalgo, however it addressed only the Spanish and Mexican grants in California. Congress focused on California’s land grants first because California was already a populous state, and it wanted to encourage further settlement of the public domain land
Public domain (land)
Public domain is a term used to describe lands that were not under private or state ownership during the 18th and 19th centuries in the United States, as the country was expanding. These lands were obtained from the 13 original colonies, from Native American tribes, or from purchase from other...
there.
In 1854 the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
established the office of the Surveyor General of New Mexico to ascertain "the origin, nature, character, and extent to all claims to lands under the laws, usages, and customs of Spain and Mexico." At first the Congress tried to deal with each land grant by special bill and the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
had a Committee on Private Land Claims, seats on which were sought after as a way of dispensing patronage
Patronage
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
. By 1880 the corruption inherent in determining these claims by politics rather than on a legal basis forced an end to this practice. For ten years no claims could be proved as against the United States.
So the U.S. Congress, in 1891, created the Court of Private Land Claims consisting of five justices appointed for a term to expire on December 31, 1895. The court itself was to exist only during this period, although its existence and the terms of the justices were from time to time extended until June 30, 1904. This court was given jurisdiction over claims to land in the territories of New Mexico, Arizona, and Utah, and in the states of Nevada, Colorado, and Wyoming, which had not been previously proved and affirmed by the United States. Many of these Spanish or Mexican land grants were based upon incomplete documentation, in part because those governments did not issue deeds to the grantees, and records were kept variously at the territorial, state, vice-royal or imperial level.
Work of the Court
The court heard over three hundred cases involving over thirty-six million acres (150,000 km²) of land. Only eighty-seven land grants were confirmed, for a total of three million acres (12,000 km²), or less than 10%. Many confirmed grants were reduced in size from that claimed. For example, the Cañon de Chama Grant was reduced from 200,000 to 1,500 acres (800 to 6 km²).Among the many problems facing the court were the old Spanish system of metes and bounds
Metes and bounds
Metes and bounds is a system or method of describing land, real property or real estate. The system has been used in England for many centuries, and is still used there in the definition of general boundaries...
. Century or two old landmarks were hard to find. The length of a vara (Spanish yard) might vary depending on the date of the grant. A grant might be to the faldas (Spanish skirt) of the mountains, which could be anywhere from the edge of the foothills to timberline.
Further reading
- Bradfute, Richard Wells (1975) The Court of Private Land Claims: the adjudication of Spanish and Mexican land grant titles, 1891-1904 University of New Mexico Press, Albuquerque, New Mexico, ISBN 0-8263-0362-5