BRIEF

Land Grants in Arizona.

ON

BRIEE' ON L\ND GRANTS I 1\RIZUNA

The Ihiucho San Ignin. in dl Bahocoinu i, eniiiprisingeight leagues of' land, is sItOitci a i1iin the 1110,14 '1 theteiufuiv ICied by 3Iie flt1ibln of 1\1ei o to the [nitedStates, nidbi the (ijiideii Teaty.

Iii the von lR2i, Ign eio and Edtha Elies, citizees ofTilcylo illil I eiil, nt, of ililora md hillalol, iole a toi -umal (11-111 1111 i(iIt (1 101 luatiou Ini tio laud, w1jli isiaacent ,mt that time and not a ithin the hoi ilci leaunesJo I $31J, Scauni a and Smile i ito ,inme sepai tie Stilt'sThe State of Soini a ann Snialoa, iv Aef, cm 3P Mu

Oth, 1$o, and lii 511100011 tug Acts. WhilSt' 1)1 O\ 1514)10, at 1'coudeiiir ii in Sections i 4, h, (, and 7, (.haiter IX t tbcOrgnii Lw td St do No iG, Juk 1ltI, lS34, madel,ttioii, 301 the SalO of vacant public lands to hone fide o-dup5iits Tliee Acts ((ore 1oed in pin sniuce of the i iglitoh the Slates to dipoae et the public laiels a tiiui theiihor,Lrs, whieli riiht wa lee giiized aol iut tinned b t1j

Act of August it li 1if'34, nid 111 the N'tl,ciial COi(4illZitlltdLaw if 3ugn-t 1tth, lf'cit, and by the ii, utmnued ni3u1050(1100 ci the gem I ti gill ci ion iLl

Undoi tl Act ni May httli, 1S, flu Ti eascmrciof Sonom a, in whith State the l,nid a is situated, iaiinelltitle to said lguaeici and Enitha Elm,, on the 10th dai ofDeeiiibei, l32

Thu loll )a ing lb 0L Ii OIL tf said Aol''Aor 17 The Snio Cl Ui, will be the ak aides of theton ii, within the jti olit tim Lit a 111011 ,(1e hotatud thelands U0t UI to 1,e ion, fli1 o But they shall be in "ttheteanto authoiiie&t by the Ti easinel f_+mipial''Ant 1H Ftii tins pnipoe the nitemesled pai ties shallpiescmit thenm,elyes do to thy ti th Ticasuier (-tenejal, whotm,ou tii CII 11031 hun, shell make the necessmi y ordei .

" Ant 19 The 'E'rem,urom, i the uninedimto otheci hay-" nig tiiaie of the it tonCes, shill sell the lands ,tni gii o"titles

''Aar 20 The fleet! ivill be peipetually the thiuiietrator of tho eveuues of the Cipitel''ri 23 'To no peison who is a nen scttiei ,htll therelie given mine than foui sitios'AnT 22 To 11 inSe who b' i eason ol the thmiilanee oftheir stock should need in ii ,-', ci en titiugli they shouldlie old sEli alec! s, the Tiii-,uei ( eiieiai shill concedeii hat they may need.'APT 2! The Ti eLsu1ei (4CuelaI liafl endsayci 1 y all

means in Ins pUn ci, to i seerti in the ii iLk IU 1 ekiti iii tothe netIci, before makini1 the cent eston i elm-ri ed to Inthe f ieoin ni titles, the nih rested pities nut Icing

'1ieiniitfed to take ally hut in tlic&' l' 0cm-i thugs foi icily -lug out tlui object."Auc 24 No peisoll situ1! lie L1de to obtain a plimee fin

his stuck vutliout lb et ]fl in tug to the 5t1l iitiiiii of tijiTieqsumoi Geneici, that hm- has sufficient to stucic the

'Aiiv TI The 'Uieaeuiei (ieueiul, for the upoe olasceitaainug this fact, may oideu testunonv to ljm-' takenin rulmtnun thejeto

Ari 21! Tor the valuatto of the I md, tie ahillesnivynIs shall appol it p'ni who are uct Ii weds of

''the iutciestd i al ties, who, tftei hiving nude akeu thechiligitioii. shell pi uticed to value lIe laud, Liking intoconsidetetion its quili±v cid otliet ircumetanies, so as

'to efimate ustly the value of tlw seine."Am' 27 Those irk oess ]inL, which, although

"flier have been i igisture Tan T sic veyed, titles tlieieforehi e nut been isuel, shah present th'iuisel cc helen' the

''Treaui ci (4enei el sctt iii la ii an wi itme the leisonswIl) the titles hive aict been issued, and also et ting thejudge is lie niecldum ed them, mu tue auilouiit e Inch thv

''have intel by Wily of expensesArr 28 'The Ti tsuie Gueril, fin this pm pose chili

:uppoiu the time WIJICII 10' nitty deem filOpel. inch, lfei'lie has cohlectil alt tl]e infoi initino in m elitLoju ti thematter, lie shall lCpOi Li the guveiameut thai it takesuch meisuitis as may I- cleeuneul ac opei lui the intei eelsof the puilic ticasuty''AJar Tm The Titasui e Genei ci shill pi eciilw themethods and give the ueCossar institic Lions to the Sur-

3

evoi, so that the nieatnreuients may lie Jegall 0011 cv-attly niiide"Aii .3) It shall be the duty of the owliel of thelands Lu pLace vu the bouudaue of the sonic inouunientsof hue and one, is is oi deied by i epeated laws as eonas he shJl ieecre Caession of the lands ,and if as 1 thinthee niuntli is ie honing hum the da on nba_h the cur-

''1 e a as _ oiupl ted, this shall nut be done, ttie OW 005 orai antee ishial] lie heed n ent -five ilullals, which shall beiIemaLtdeU lv' the ]nhi('-su1 s c ci, and shall be pail liltthe tiour , ,aiu I besiles li-, shall ci dii inouumcut tohe consti 'uiti,t it the cost of the iiiia-'resteil di ties.

ins 31 Thoise who 1 a litv ol,t,tiiiud LICt'ices forthe iegisti ot lands in a)i'(,iiuiuce n dli the iniegoingci dci is, shall 1)0 g aol antei d lia 1-i tIn- lii'

Aii 3_t 'f} mulitaiv tav at oiil', iliolhJ, and also" the ,ei ientai4e 11 Ini h n as collcci_d by the tuinior gov-'' ejiunent

"Tueito Ma\ '3)1, 1S2.(o(ieeioo 11 los Do,, fin, ilc , £afuic o'

01 eliot', P,lc 1'3 Sdiemb, r, lSti4,/1)/hf,! ii Oi t,b, e, 1t25

The giant is among the' ii liives. and recorded in the''Toina del 1ti'en' hiu,k ii iceni dsi at ftc is, the ' Csejjcapital of sod State

Tlc ii aiitees hive full', peifuimef all fh conditions ic-i1nned hi', the law's of Sunoia and contained in the itrait

I

'fhie Si.ik of S011ora 1111(1 ii1I authority to mdh'e Iie grant.

The Uiiitc I States of Mevicu was a ''popnlui lepi e-enhi-tue and ('cslel ,il 1 e1julihii_

Coiistitiiti,iii ol U. S \1. ' iii1 \ Jute iL' oI11d(iiOil, 3i

inodele 1 'ni imitation 0! the U S of the Ninth1 White' ltecopihaelon t!'3

''tli\ lug each icople the iglit iii hi_'leCtulii4 tot itself lis is an-'''1ogcus to itS c,ustuins, locality md othei s'ontingeiicies

I White's IbcapiIaciun, l-iThe State of Sonosi and Siva1ut was a "lice, independent

and soveielgn" jiicmuuei ci the federation

4

Constitutive Act., Art. 6 and 7,I White's Recopilacion, 375.Coust. Art. 5.I White's Recopilacion, 388.

An Act, called the "Constitutive Act," was adopted bythe nation, January 31, 1824, preparatory to the formingof a enstjtutjon.

It sets forth the powers of the general government, de-termines the form of the state governments and providesfor the organization of provisional governments for the dif-ferent states.

The Constitution adopted in pursuance of said Act,amplifies and enlarges the provisions of the OonstituiiveAct, and defines the boundaries between the powers andfunctions of the States, and those of the nation.

Neither in the Constjtutjve Act nor in the Constitutionis there to be found any claim by the nation to the owner-ship or control of the vacant lands lying within the states,On the contrary, all the states in their original constitutionsclaim the ownership of the lands within their.,respeetiveborders.

See Const. Texas and Coahuila, Art. 10.Oonst. State of Mexico, Art. 10.Const. Nueva Leon, Arts. 2, , and 4.Coust. Puebla, Art. 14.Coust. San Luis Potosi, Arts. 2 and 5.Const. Michoacan, Arts. 2, 3 and 4.Const. Chihuahua, Art. 36, See. 2 and 7.

See also Oonst. of State of Sonora. Which said con-stitutions were according to law, opportunely sent to thegeneral government for revision and confirmation, andwere approved of and confirmed by'the general government

As a matter of history, the claim of the States to theownership of the lands within their borders, has been rec-og*ized ever since the establishment of the Republic, sofar as the disposition of those lands was concerned. Al-though- this right of the States to the absolute ownership ofthe land may have been called in question by arbitrary de-crees of Santa Anna and others; yet in every ease, the con-troversy was finally settled in favor of the State.

A power which had been relinquished, could not be re-sumed at the pleasure of the federal authorities.

Republic vs. Thorne, 3 Texas, O9.

A right or exemption once granted by proclamation,could not 'be annulled by a subsequent.

Mitchell vs. U. S. 9 Peters, 562.Cowp. 213.

But so far as this case is concerned, i,t is immaterialwhether the title was in the State or Nation. If in theState, the State could dispose of that title without any ac-tion of the general government; but if the title walin thegeneral government, the States could dispose of the landswith the sauction and direction of that government.

,On the 4th of August 1824, the Congress of Mexico passeda declaratory act, in which was defined the revenues andproperty which were claimed by the general government,leaving all other property and revenues to be claithed, heldand enjoyed by the several states.

This Act did not claim for the general government, asrevenues, the proceeds of the sales of the public lands inthe States, but conceded such revenues to the States. Itcannot be contended that this was an omission, from thefact that the same Act claimed the proceeds of the sales ofthe lands in the territories, as the revenue of the generalgovernment, showing that their attention was called to thissource of revenue, and that they recognized the lands Inthe States as the property of the States.

The following is the full text of said Act

"Ulassification of Revenues."The Sovereign General Constituent Congress of theUnited States of Mexico have seen proper to decree asfollows:

"There pertains to the general revenues of the fed-"eration, the duties of importation and exportation, Os-"tablished or which shall be established, of every denona-"ination, in the ports and on the frontier of the republic.

"The duty of fifteen per cent, which is collected in"thports, and on the frontier, upon foreign goods which"are introdncs3d into the interiors aiid which, in eonso.-"quence of this tax shall be exempt from alcabala.

"The duty on tobacco and gunpowder."The alcabaa which is imposed upon tobacco in the

"districts where it is raised.

6

. "The revenue of the pOst-offices."That of lotteries."That of salt mines

8 'That of the territories of the fedeiation"The national property in which are included those

"of the inquisition, and the temporalities and all other'.' properties which belong to the public treasury.

"There shall rest in the dispOsal of the federal gov-"ernment, the buildings, offices and lands thereto annexed,"which pertain or have pertained to the general revenues,"and those which have been built at the expense of two"or more provinces.

"The revenues 'which are not included in the fore-"going articles belong to the states.

"The debts and credits in relation to the revenues"consigned to the states, are chargeable to the general"account.

"In the Peninsula of Yucatan there shall not be in-"eluded in the general revenues, the export duties upon"products of the country, nor shall an internal duty be"imposed.

"There shall be distributed to the states of the fed-"eration, the sum of $3,136,875.00, which it is estimated"they require for general expenses.

"The distijbuio shall be made now, and in the"meanwhile an estimate shall be made as to the proper"proportions in the following terms:

ESTADO DEL 0001DENTE, $53,125.* * * * * * *

* * * * * *

7

"When the states shall present eaet reports of their"riches and population, the present distribution shall be"rectified, returning to some that have paid too much, and"collecting from others that have paid too little.

"The government shall take such measures as may"most effectually conduce to the collection of the internal"revenues.with all the speed possible, and shall dispose of"the matters in such a manner that the interior custom"houses shall collect the alcabala on foreign goods which are"in the custom house, or on the road; the custom houses"making the proper distinction in making these collections.

"20 Domestic products shall not pay more than one"akabala in the state in which they are consumed.

Wherefore, if alcabala shall have beeu collected"on national goods, and afterwards the goods should be"taken to another state, the alcabala paid shall be returned.

For the first year, abatement shall be made o one"third of the contingent which the states have to pay to"the general government."

This Act was a recognition at least of the claim of theStates to the ownership of the lands within their borders.

But the Mexican Congress did not stop there. Fourteenclays later, and on the 18th of the same month, an Act waspassed by the General Congress to provide for the coloni-zation and disposition of the public lands in the states andterritories. By the third article of this Act the legisla-tures of the several states were directed, as soon as possi-ble, to make laws and regulations for the colonization ofthe public or waste lands within their borders, without re-striction or limitation, except to prevent foreigners locatingon the border within the limit of twenty frontier leagues.

The tenth article provided that the states should providelands for military persons, who had received a promiso oflands from the supreme executive power.

These two sectio'ns fully empowered the states, first, todispose of the public lands of the states to settlers andcolonists, and to grant them to soldiers in compliance withthe promise made by the general government.

The sixteenth section of the same Act declared, that thegeneral government, in conformity with the principles es-tablished in that law, would proceed to the colonizationot the territories of the Republic.

National Colonization Law."The supreme executive power, provisionally appointd

"by the general sovereign Constituent Congressto all"who shall see and understand these presents; know ye"that the said Congress has decreed as follows:

"ART. 1. The Mexican nation offers to foreigners, who"come to establish themselves within its territory, security"for their persons and property, provided they subject"themsohes to the laws of the country.

"AiT. 2. This law comprehends those lands of the"nation, not the property of individuals, corporations or"towns which can be colonized.

"Aa 3 For this purpose, the legislatures of all the"states will, as soon as possible, form colonization laws"or regulations for their respective states, conforming"themselves in all things to the constitutional act, general"cthistitution, and the regulations established in this law.

"ART. 4. There cannot be colonized any lands, within"twenty leagues of the limits of any foreign nation, nor"comprehended within ten leagues of the coasts, without"the previous approbation Of the general supreme execu-"tivo power.

"ART. 5. If for the defence and security of the nation,"the federal government should deem it necessary to use"any portion of these lands, for the construction of ware-"houses, arsenals, or other public edifices, they can do so"with th approbation of the general congress, or in its"recess, of the council of government.

"ART. 6. Until after four years from the publication of"this law, there shall not be imposed any tax whatever,"on the entrance of foreigners who come to establish"themselves for the first time in the nation.

"Aw. 7. Until after the year 1840, the generat eon-"gress shall not prohibit the entrance,of any foreigner as"a colonist, unless imperious circumstances should ro-"quire it, with respect to the individuals of a particular"nation.

"ART. 8. The government, without prejudicing the ob-"jests of this law, shall take such precautionary measures"as it may deem expedient for the security of the confed-"eration, as respects the foreigners who cQme to colonize

"isp. 9. A preference shall be given in the distribu-

9

"tion of lands to Mexican citizens, and no otlier distinction"shall be made in regard to them, except that which is"founded on individual merit, or services rendered the"country, or under equal circumstances a residence in the"place where the lands to be distributed are situated.

"ART. 10. The military, who in virtue of the offer made"on the 27th March, 1821, have a right to lands, shall be"attended to by the states; in conformity with the di-"plomas which are issued to that effect by the supreme"executive power.

"Azr. 11. If in virtue of the decree alluded.t& in the"last article, and taking into view the probabilities of life,"the supreme executive power should deem it expedient"to alienate any portion of land in favor of any officer,"whether civil or military, of the federation, it can do so"from the vacant lands of the territories.

"AEr. 12. It shall not be permitted to unite in the same"hands withthe right of property more than one league"square of land, suitable forirrigation. four square leagues"in superficies of arabic land, without the facilities of irri-"gation, and six square leagus in superficies of grazing"land.

"ART. 13. The new colonists shall not transfer their"property in mon main (manos muertos).

"Anr. 14. This law guarantees the contracts which the"empresarios make with the families which they bring at

their own expense, providd they are not contrary to the"laws.

"ART. 15. No person, who, by virtue of this law, a-"quires a title to lands, shall hold. them ii he is domi-"ciliated out of the limits of the republic

"ART. 16. The goernment in conformity with the pro-"visions established in this law, will proceed to colonize"the territories of the republic.,

"MExico, 18th A.ugust, 1824."From the time of the passage of this law, until the

present, the states have disposed of the lands within theirborders, and all titles acquired subsequently to that date,have been acquired from the states. It will be perceivedthat it is entirely immaterial whether the states made thegrants in their own right or by virtue of the foregoing law.No act of the general government can be found disposing

10

of the lands in the states, and no edict or arbitrary orderof any usarper, interfering with the rights of the states tocontrol these lands, has ever been carried into effect. Onthe contrary, the general government has contented itselfwith the disposition of the lands in the territories.

Oil the 20th of November, 1828, the Mexican Congresspassed an Act making regulations for the colonization ofthe territories.

The ida that the public lands within the states was theproperty of the states, undoubtedly was suggested by theplan adopted hi forming the government of the United States.The original thirteen states owned the lands within theirborders and disposed of thorn without ,any action on thepart of the United States.

The Mexican government, when it required lands in thestates, purchased the same from the states, precisely inthe same manner as the United States has done always,when they required land belonging to the states.

On the 6th of April, 1830, the Mexican government de-sired a portion of the public lands in the frontier states forthe purpose of colonization by foreigners, and appointed acommission to visit those states and contract with the leg-islatures for the purchase of the same

The third article of said Act is as follows:"The government shall appoint one or more commis-sioners, whose duty it shall be to visit the colonies o

"the Frontier States; to corLtract with the legislatures of"said states, for the purchase by the nation of lands suit-"able for the establishment of new colonies of Mexicans"and foreigners," etc.., etc.

And even when the general government wanted publiclands of the states for the purpose of fortifications andarsenals, they indemnified the states for the same, as shownby the fourth article of the same act, which reads as follows;

"The executive is empowered to take possession of such"lands as may be suitable for fortifications and arsenals,' and for new colonies, indemnifying the state in which"such lands are situated, by a deduction from the debt"due by such state to the federation."

The right of the several states of Mexico to dispose ofthe public lands, is not a new question in the United States.Nearly all of the land titles of Texas held at the time of

11

the acquisition of that country, wore tnte grants; and thequestion of the right of the states to make such grants, hasbeen uniformly upheld by the courts.

From 1825 to 1852, the legislature of the State of Sonoracontined to forth laws, rules and regulations for the grant-ing of the waste or public lands within its borders; copiesof which, (said laws, rules and regulations) were alwayssent, together with all other acts of said legislature, to thegeneral congreas and the supreme national government,for its action or revision thereupon; and the general gov-ernment never disapproved of, or annulled any of the saidlaws, regulations or rules of said State, relative to themeasuring, granting and sale of the same thereunder bythe said state, although the said general government wellknew that the said legislature would continue to form suchlaws, rules and regulations, and dispose, thereunder, ofthe waste public lands within the borders of said state.

In fact the said stLte, in common with the other states,continued to grant, sell and give title to the waste or pub-lic lands without being again questioned by the generalgovernment, until 1853.

The Republic of Texas vs. Thorne, 3, Texas, 499, is a lead.ing case upon the subject of grants made by the states ofMexico, wherein the whole question is elaborately reviewedand the power of the states to dispose of the public landsfully sustained. The syllabus of that ease, is as follows

"After the passage of the National Colonization law of"18th August, 1824, the states of the Mexican Confedera-"tion possessed the property in the soil and had alone the"power, by direct agency of appropriating lands to individ-"uals. The approbation and consent of the supreme fed-"eral executive of Mexico, is necessary to support a title or"lands within the border leagues."

In Chambers vs. Fiske. 22 Texas, 504, the Court heldvalid a grant made by Texas to a judge, for salary, of morethan eleven leagues, the quantity limited in the coloniza-tion law; on the ground, that Texas, while a statH of the republic of Mexico, had a right to dispose of the vacant pub-lic lands, independent of the colonization laws, and thatthe state had power to grant the public lands as a matterof right with or without the onsent of the general govern.mont. The laws of Mexico are also elaborately reviewedin this case.

12

The validity of grants made by the States of Mexico, inpursuance of the colonization law of August 18th, 1824, hasnever been questioned either in the United States or inMexico. It is true that in revolutionary times, arbitrarylaws were passed, affecting the rights of the States to dis-pose of the public lands, but these same laws, fully recog-nizeci grants that had already been made in pursuance ofthe colonization laws.

The Act of the Mexican Congress of April 24th, 1835, hasbeen referred to, to show that the general governmentclaimed the right to interfere with the disposition of thepublic lands hi the States, but an examination of that Act,will furnish conclusive evidence of the validity of grantsmade in pursuance of the colonization laws previous to itsdate. The first section of the Act reads as follows:

"The decree of the legislature of Coahuila and Texas, of"the 14th of March, of the present year (1835), is contra-"ry in its first and second articles, to the law of the 18th of"August, 1824, consequently the alienations made inpur-"suance of said decrees, are void and of no effect."

This Act, so far from anhulling previous grants, recog-nizes their validity when made in pursuance of the coloni-zation law, in unequivocal language.

The decree of Santa Anna is referred to, with apparentconfidence by the opponents of these grants, as affectingthe titles to lands granted by the States.

We say that the decree was in violation of the constitu-tion, and void. In the first place, according to article 45paragraph 4 of the Mexican Constitution, Congress couldnot pass retroactive laws. In the second place, accordingto article 45, paragraph 6 of s.aid constitution, said Con-gress could not arrogate to itself or delegate to others, byway of extraordinary faculties, two or the three powerslegislative, executive, and judicial; and by article 46, anylaw passed in contravention of said .rticle 45, is declaredto be null. In the third place, the Mexican Congress onthe 16th of October 1856, decreed as follows:

The decrees of November 25th, 1853, and July 7th,"1854, are null.

Don Antonio Lopez de Santa An and the minis-"ters who approved of and assisted in their publiction,"are responsible in their propertis and persons for the

13

"damages and injuries which may have been oceasioRed"thereby."

It will be perceived that the Mexican Oongress did otrepeal the said decree, but declared them void, ab in'itio,and held Santa Anna and his ministers responsible in dam-ages for having inde and published such decrees.

But if the decree of 1853 had been valid, it does not in-clude in its language grants made by the states in pur-suance of the colonization laws.

The second article of the decree provides that "The sales,"cessions, or any other claims or alienations of said vacant"lands, which may have been made without the express"sanction of the general powers, in the form prescribed by"law, are null and void."

The sale of the lands in questiin, as we have alreadyshown, were made by the states with the express order andsanction of the general powers in the form prescribed bylaw, and are therefore not affected by this decree. Thelaw expressly authorized the states to form laws for thedisposal of the public lands; and the decree, by its terms,excludes from its operation, sales made by the states hipursuance of the colonization laws.

II.1Las the grant been duly recorded in the "A.rchles of'

Xexieo," within the meaning of the Gadslen Trepty.Article VI of the treaty provides that, "No grants of

"lands within the territory ceded by the frst article of this"treaty * * * * will * * * be respected or"be considered obligatory, which have not been located"and duly recorded in the archives of Mexico."

Did the parties to the treaty intend that no grants shouldbe respected or considered obligatory, except those whichhad been recorded in the federal archives; or is it suffi-cient that a grant had been recorded in accordance withthe law of the state in which it was made?

lithe former, then no grant made by the State of Sonora,although giving perfect title, and duly recorded in the ar-chives of that State, would be obligatory, since there neverwas any law, state or national, requiring land grants to berecorded elsewhere than in the state archives.

The archives of state grants are not required to be foundat the Oity of Mexico.

1I

The manifeat ,jeet of thia pi 'wisi' ii uI fill t' a Lv, ivas,to cut the ledurl000)' of the ilaiiiil cliii fieu,la abad hecu l'l ctv,it,al in aldi i uia, ---1ot n s of tide apels,fioatiiig i.iaiita, etc

'fle -l:' 1,b1 11 to in01 i ipid Li, the i e,'or'ia Of lui't titlee in the Mc oean

-iii p ioi lla-'a, woi neil node u-tool in the ITni telStates i_f th tuoc th tiec IV S -i'- mole', tnT incliidl',l tb'ice ol Loll title, Wll 1(5) 1 Iie1,t ITo ill his -e, oiee'oida mi l,tu,L lu Fiosida, pus ions to the' c, -aem iii taLcountry to I lie Tjiiif''d Stat's a i kept t, St An'1u41i,eand tliei' ie c, a 's'i,i I,- ap eel, ol in tb courts of theUnited hr-te, 0, lIt,' II close a of Soon. Th In l leol ii'lu ('tiit'n ia ace caboT TLeaie,in Cit iii e 1 i\ tlt Siupri Inc(burt 1 I' S., I Iliough ,ell tliei' ,l,ciaion

In the tsc 01 Liu-o S , l tion- 5i I, ii' t- 1101)11,

the coin t a is-a, efeit lii, ti tit'-' i ecoi 1, ' k11e Li Liveol tile lila Ic tO 1405 11110011 r Iii ni Lcs mt tii h ihIt attlit"e Of any 501 Ii giant, lllLil1ilihi 11 tie oIler giants

° made UI the ,,aie eec aii,i ineidb die C,) iIldi\ 1 et'oi"kdand regl5t'ri't, In, 1 till tX ,e,llLitte'4 fOUL'1 'iii tileSillillIr Lnieçnae4,-' t', usel all till nt5iI tint 1,0-s. 'l'Le

ii-ei,rd,, k ,t Ill L'aiJ 0011,1 'VOle etIle 1 tIe , this ,es ot theXniii 40V"i'lU)leiIf.

'[It,' ii,- aN inet lie u nat, u,,1 e'codniti lii iJu- ciitiraoiatt'epttti,,t, of tie turn "Arehis i of j\fxc,i, ,'i ieh is a,,UltuCl',tu,,l it that true ii 110,1111,111 lid meat! tlic ii chvisii each paitn'ulai lo, itlitv of i\le'uc, ish, ye laii,l title', ii'

WCIU le,1tiiled to be i,' odeilii V I ttl,ei eonstiucfi,,n is eni,l not , mis' be in s ole ton of

the 00111110)11 111(1 liiil\ Ci SC1II 'lie I'll d 115" lit I be him ' Au- -

01115 Ca II lItexici i, Tint a ,,ul 1 contcnspinf' 1 gellil dl ,'oln-fiSiatloil iii ,iIl 111111,, ti tht' l,iiid, Ill till' ''dii I,O1Lti')1

In cone1e:1uu, thr'ic 110 110 dispuie 1 tieta in t'10, Call'.The 10(0) ti-i ,tt U e., the epiti ot S,niii a 1151 Ut ii ex-amused, the title IpeiS ale 1 ouT on file, ,oed tie pipeiiei'oid i', found iii the LLama dcl 1101)11, the ii 0' rd i,o,ilc inwhich all giints ,tie ieeoi,td,

This wa' the oniy piie'e wheic gi tn La in ihe ceded tei ci-toiy couhi lets e been i eeot,ied, aul tism i,e',,i,l at thatittee fully compiles wtli the 1)(fnhll ineut 01 tlta N eaty.

Wit XL SIEWAJIT.(Ian U HLLL HOW OW