"The Treaty of Guadalupe Hidalgo " Topic
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| Tango01 | 22 Jul 2016 3:12 p.m. PST |
"Recently in Texas, Mexican-American families have begun to fight for the return of their ancestral lands, lands taken from them throughout decades of injustice at the hands of predominantly Anglo courts. In fact, the entire Southwest has seen a slow but steady rise in the number of active voices calling for accountability and compensation for the theft of land formerly granted under Spanish and Mexican rule. Only a handful of these claims have resulted in successful outcomes for Mexican Americans; and of these, none were based on the seemingly forgotten promises of the Treaty of Guadalupe Hidalgo (the Treaty). The Treaty of Guadalupe Hidalgo was ratified in 1848, ending the war between Mexico and the United States and effectively handing over control of the modern Southwest from Mexico to the United States. Under the terms of the Treaty, Mexican property holders were to retain full enjoyment and protection of their property as if they were citizens of the United States. Furthermore, where there existed any doubt as to whether property was validly owned or not, the laws under which these grants of land were made were to control. Thus, where there was an issue concerning the title to real property, Spanish or Mexican title should have been sufficient to prove ownership according to the terms of the Treaty. However, as claims began to arise citing the protection of the Treaty, the United States government and judiciary continually managed to deny these claims through a combination of legislation and judicial decisions. Due to the Treaty's unenforceability and an historic inability to adjudicate claims in American courts under other existing legal doctrines, *233 those bringing land-related claims under the Treaty have recently turned their attention to the federal legislature. To date, there have been only a small number of bills introduced in Congress that examine the validity of these claims and propose some form of restitution to dispossessed landowners and their descendants…"
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