Malcolm Ebright - Land Grants and Lawsuits in Northern New Mexico (New Mexico Land Grant)
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Land Grants and Lawsuits in Northern New Mexico (New Mexico Land Grant)
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NEW MEXICO LAND GRANT SERIES JOHN R. VAN NESS, SERIES EDITOR
University of New Mexico Press / Albuquerque
Page iv
Library of Congress Cataloging-in-Publication Data Ebright, Malcolm. Land grants and lawsuits in northern New Mexico / Malcolm Ebright. i ed. p. cm. (New Mexico land grant series) Includes bibliographical references and index. ISBN 0-8263-1468-6 (cloth) ISBN 0-8263-1461-9 (pbk.) i. Land grants Law and legislation New Mexico History. I. Title. II. Series. KFN4055.E27 1994 343.789'0253 dc20 [347.8903253] 93-30863 CIP
1994 by Malcolm Ebright All rights reserved. SECOND PAPERBOUND PRINTING, 1996.
An earlier version of the Introduction appeared in Charles L. Briggs and John R. Van Ness, eds., Land Water and Culture: New Perspectives on Hispanic Land Grants (Albuquerque: University of New Mexico Press, 1987). Chapter 3 is a revised version of an essay that appeared in the New Mexico Historical Review 54 (January 1979): 2134 and is reprinted by permission. Chapter 6 is a revised version of an essay that appeared in the New Mexico Historical Review 57 (January 1982): 526 and is reprinted by permission. Chapter 5 is a revised version of an essay that appeared in The Journal of the West 19 (July 1980): 7485 and is reprinted by permission.
Chapter opening and cover illustrations by Glen T.Strock. Illustrations on pp. 164 and 245 by Rini Templeton. Illustrations on pp. 199 and 270 by Dant Ruiz.
Page v
Dedicated to my mother and the memory of my father
One can learn a great deal about something only if he loves it. LUIS GONZALEZ San Jos de Gracia: A Mexican Village in Transition
Page vii
Contents
Preface by Daniel Tyler
ix
Foreword by John VanNess
xi
Introduction: Land Grants and Lawsuits in Northern New Mexico
3
1. Land Grants and the Law: Spain, Mexico, and New Mexico
11
2. Lawsuits, Litigants, and Custom in Hispanic New Mexico
57
3. Manuel Martnez's Ditch Dispute: Mexican-Period Custom and Justice
73
4. The Cinega of Santa Fe: A Municipal Commons Used and Abused
87
5. The San Joaqun Grant: Who Owned the Common Lands?
105
6. The Embudo Grant: A Case Study of Justice and the Court of Private Land Claims
127
7. The Las Trampas Grant: A Story of Duplicity and Legal Traps
145
8. Settlement of the Las Vegas Grant and the Invisible Pueblo Rights Doctrine
171
Page viii
9. "Not a Pepper, Not an Onion": The Battle for the Las Vegas Grant
203
10. The Ramn Vigil Grant: An Undetected Forgery
225
11. The Jacona Grant: A Success Story
249
12. Conclusion: Common Lands, Common Law, and Uncommon Controversy
263
Notes
273
Bibliography
361
Glossary
381
Index
385
Page ix
Preface
The study of New Mexico's land and water history has intensified in the past twenty-five years because of unsettled land claims and, more recently, because of the state's decision to adjudicate water rights on all of its streams and rivers. Because this process involves complex legal issues emanating from both Hispanic and United States law, and because the rights claimed by Native Americans and Hispanics under protection of the federal government frequently clash with rights claimed by the state and guaranties of property protection written into the Treaty of Guadalupe Hidalgo, the issues are often very involved, heatedly debated, and extremely costly to litigate.
All sides seek expert testimony in court, and these "experts" have succeeded in producing a body of information that has considerably improved our understanding of land and water matters in the Southwest. With few exceptions, the scholarship has been impartial, thorough, and imaginative. Unfortunately, much of the written material has not been released for publication. Malcolm Ebright's essays provide information of a kind that has been locked up far too long, and are a result of many years' investigation of land and water problems in New Mexico.
While the essays were not originally planned to be linked together in a book, Ebright has arranged them in such a manner that they can be read sequentially or individually. Each contains at least one of several conclusions. First, the Hispanic descendants of grantees of land under Spain and Mexico have been deprived consistently of their property (land and water) because of the United States' inability and/or unwillingness to recognize the rights of settlers under Hispanic law and custom. This is Ebright's underlying theme. Secondly, as both attorney and historian, he has focused on the need to understand the difference between Hispanic civil law with its emphasis on preservation of community, and Anglo-American common law promoting individualism and a sense of superiority through Manifest
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