Article 10

1. Article 10 Protocol of Queretaro California Land Act of 1851 Court of Private Land Claims U.S. v. Moreno Texas Mexico Railroad v. Locke

2. Article 10, Land Grants • Grants of land made by the Mexican government in territories previously belonging to Mexico shall be considered valid. • Article 10 omitted by the United States Senate

3. Protocol of Queretaro • Omission of Article 10 does not invalidate land titles. • Land grants retain the legal value which they may possess. • Validity of land grants to be determined by the American tribunals.

4. California Land Act of 1851 • Created the Board of Land Commissioners whose job was to adjudicate the validity of grants • Grantees required to provide proof of ownership within two years. • Failure to present proof would turn lands into the public domain. • Assumption that most land grants were “imperfect.”

5. California Land Act of 1851 • Land Commissioners examined 813 claims. • Validated 604, involving around 9 million acres. • Nevertheless Mexicans lost lands through: • Tremendous costs of litigation • Squatters and squatters leagues • Failure to meet the provisions of the law.

6. The Court of Private Land Claims • Established in 1891 adjudicate land claims in the Arizona and New Mexico territories. • Held hearings from 1891-1904 in Denver, Colorado and Santa Fe, New Mexico. • Required proof that the Spanish or Mexican granting official had legal authority to grant land. • Required proof of ‘perfect’ land grants. • Required proper survey, documentation and full compliance with Mexican law. • Resulted in rejection of two-thirds of claims. • Only 6% of total area sought was validated.

7. United States v. Moreno • 1863 Supreme Court decision affecting interpretation of land grant protections • Court ruled that Mexican law could be transferred to the Southwest during this process. • Court affirmed that the treaty protected Mexican land grants that were legitimate under Mexican law. • Affirms land rights despite omission of 10.

8. Texas Mexico Railroad v. Locke • 1889 decision by the Texas Supreme Court • Acknowledges that the Treaty of Guadalupe Hidalgo applies to certain regions of the state. • Mexicans holding valid titles between 1836-1848 “were protected in them by Article 8 of the Treaty of Guadalupe Hidalgo.”