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1848: Mexico ceded
its northern territories to the U.S. under the Treaty of Guadalupe Hidalgo
including all or parts of modern
California,
New
Mexico, Arizona,
Nevada,
Utah,
and Colorado
Many property rights arising
under Spanish
and Mexican land grants were not recognized
by the United States. In California, approximately
twenty-seven percent of land grant claims were
rejected; in the territory of New Mexico, some
seventy-six percent of such claims were rejected.
These land loss statistics can
be attributed, in significant part, to the fact that the Treaty of
Guadalupe Hidalgo was not regarded as self- executing. As a result, Mexican
property rights were not ratified by the treaty itself but
had to await congressional action for their confirmation. Thus,
the implementing legislation and not the treaty became effectively
the "law of the land." That legislation, in turn, required
Mexican landowners to assume the burden of proving the validity of their
titles and to negotiate a maze of
legal requirements implemented by a system and in a language
that were foreign to them. Even confirmed land grants, moreover,
were subsequently lost due to the enormous costs of litigation.
Property rights
of the Conquered Christine A. Klein
Excerpted from: Treaties of Conquest: Property Rights,
Indian Treaties and the Treaty of Guadalupe Hidalgo.
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