Article 10Article 10Protocol of QueretaroProtocol of Queretaro

California Land Act of 1851California Land Act of 1851Court of Private Land ClaimsCourt of Private Land Claims

U.S. v. MorenoU.S. v. MorenoTexas Mexico Railroad v. LockeTexas Mexico Railroad v. Locke

Article 10, Land GrantsArticle 10, Land Grants

Grants of landGrants of land made by the Mexican made by the Mexican government in territories previously government in territories previously belonging to Mexico belonging to Mexico shall be shall be considered considered valid.valid.

Article 10 omitted by the United States Article 10 omitted by the United States SenateSenate

Protocol of QueretaroProtocol of Queretaro

Omission of Article 10 does not invalidate Omission of Article 10 does not invalidate land titles.land titles.

Land grants retain the legal value which Land grants retain the legal value which they may possess.they may possess.

Validity of land grants to be determined by Validity of land grants to be determined by the American tribunals.the American tribunals.

California Land Act of 1851California Land Act of 1851

Created the Board of Land Commissioners Created the Board of Land Commissioners whose job was to adjudicate the whose job was to adjudicate the

validity validity of grants of grants Grantees required to provide proof of Grantees required to provide proof of

ownership within two years.ownership within two years. Failure to present proof would turn lands Failure to present proof would turn lands

into the public domain.into the public domain. Assumption that most land grants were Assumption that most land grants were

“imperfect.”“imperfect.”

California Land Act of 1851California Land Act of 1851

Land Commissioners examined 813 Land Commissioners examined 813 claims.claims.

Validated 604, involving around 9 million Validated 604, involving around 9 million acres.acres.

Nevertheless Mexicans lost lands through:Nevertheless Mexicans lost lands through: Tremendous costs of litigationTremendous costs of litigation Squatters and squatters leaguesSquatters and squatters leagues Failure to meet the provisions of the law.Failure to meet the provisions of the law.

The Court of Private Land ClaimsThe Court of Private Land Claims

Established in 1891 adjudicate land claims in the Arizona Established in 1891 adjudicate land claims in the Arizona and New Mexico territories.and New Mexico territories.

Held hearings from 1891-1904 in Denver, Colorado and Held hearings from 1891-1904 in Denver, Colorado and Santa Fe, New Mexico.Santa Fe, New Mexico.

Required proof that the Spanish or Mexican granting Required proof that the Spanish or Mexican granting official had legal authority to grant land.official had legal authority to grant land.

Required proof of ‘perfect’ land grants.Required proof of ‘perfect’ land grants. Required proper survey, documentation and full Required proper survey, documentation and full

compliance with Mexican law.compliance with Mexican law. Resulted in rejection of two-thirds of claims.Resulted in rejection of two-thirds of claims. Only 6% of total area sought was validated.Only 6% of total area sought was validated.

United States v. MorenoUnited States v. Moreno

1863 Supreme Court decision affecting 1863 Supreme Court decision affecting interpretation of land grant protectionsinterpretation of land grant protections

Court ruled that Mexican law could be Court ruled that Mexican law could be transferred to the Southwest during this transferred to the Southwest during this process.process.

Court affirmed that the treaty protected Court affirmed that the treaty protected Mexican land grants that were Mexican land grants that were legitimate under Mexican law.legitimate under Mexican law.

Affirms land rights despite omission of 10.Affirms land rights despite omission of 10.

Texas Mexico Railroad v. LockeTexas Mexico Railroad v. Locke

1889 decision by the Texas Supreme Court1889 decision by the Texas Supreme Court

Acknowledges that the Treaty of Guadalupe Acknowledges that the Treaty of Guadalupe Hidalgo applies to certain regions of the Hidalgo applies to certain regions of the state.state.

Mexicans holding valid titles between 1836-1848 Mexicans holding valid titles between 1836-1848 “were protected in them by Article 8 of the “were protected in them by Article 8 of the Treaty of Guadalupe Hidalgo.”Treaty of Guadalupe Hidalgo.”