46th legislature - STATE OF NEW MEXICO - first session, 2003

REQUESTING THE ESTABLISHMENT OF SPECIAL TIES WITH THE GOVERNMENTS OF SPAIN AND MEXICO FOR THE EXCHANGE OF INFORMATION REGARDING LAND GRANTS IN THE PROVINCE OF NEW MEXICO DURING THE SPANISH AND MEXICAN PERIODS AND SOLICITING THEIR SUPPORT IN LAND GRANT INVESTIGATIONS AND READJUDICATIONS.

WHEREAS, land grants were made to Spanish settlers by the Spanish crown during the Spanish period in the internal provinces of the west, which included New Mexico, between 1598 and 1821, and land grants were made to Mexican settlers during the Mexican period in the internal provinces of the west, which included New Mexico; and

WHEREAS, land grants made by the Spanish crown to these settlers were made under applicable Spanish laws, customs and traditions of the time and these Spanish laws, customs and traditions were assumed by Mexico and enforced by the same, and Mexico also made new laws pertaining to land grants; and

WHEREAS, the United States on February 2, 1848 assumed and assured and protected Spanish and Mexican land grant laws, customs and traditions under the Treaty of Guadalupe Hidalgo and further clarified this protection under the Protocol of Queretaro and the United States constitution, and the United States further protected these land grants by various supreme court decisions; and

WHEREAS, the United States and Mexico jointly signed the Treaty of Guadalupe Hidalgo and Protocol of Queretaro and agreed to respect their provisions; and

WHEREAS, the United States formed two adjudication tribunals to resolve the land grant issue in New Mexico, the office of surveyor general in 1854 and the court of private land claims in 1891, and these two tribunals and the supreme court misinterpreted the previous laws of Spain and Mexico to the detriment of land grant heirs, assignees and representatives that resulted in outright rejection of land grants and loss of the common lands of land grants; and

WHEREAS, the loss of these lands has resulted in extreme poverty for many of the inhabitants of these land grants; and

WHEREAS, the United States senators from New Mexico, duly concerned that the United States congress and the courts have validated only about twenty-five percent of the total land grant claims in New Mexico, have authorized the federal general accounting office to reinvestigate the land grant issue; and

WHEREAS, new legal and historical information has been brought to light regarding the inadequate adjudication of these land grants by the office of surveyor general and the court of private land claims; and

WHEREAS, the thousands of families and individuals in New Mexico and the former internal provinces of the west have long wanted sufficient information and support from the mother countries of their ancestors and original grantees in order to reclaim their ancestral lands and properties;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be requested to reestablish special diplomatic ties with Spain and Mexico for the exchange of information regarding land grants made by Spain and Mexico and to solicit the support of Spain and Mexico in these land grant investigations and readjudications; and

BE IT FURTHER RESOLVED that the United States, Spain and Mexico through legal and educational institutions be requested to form a joint venture with local governments and local nonprofit organizations for the exchanging of information relating to land grant laws, customs and traditions; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation, each member of the United States congress, the president of the United States, the ambassador of Spain to the United States and the ambassador of Mexico to the United States.