[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Extensions of Remarks]
[Page E128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE 155TH ANNIVERSARY OF THE SIGNING OF THE TREATY OF GUADALUPE HIDALGO

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                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Tuesday, February 4, 2003

  Mr. UDALL of New Mexico. Mr. Speaker, Sunday February 2nd marked the 
155th anniversary of the signing of the Treaty of Guadalupe Hidalgo. 
This is a treaty between Mexico and the United States guaranteed former 
Mexican citizens who remained in the United States certain property 
rights. One essential promise was to secure and protect the property 
rights of Mexican and Spanish citizens that had been given land grants 
from the Spanish and Mexican Governments.
  In turn, the United States paid Mexico $15,000,000, and among other 
things, agreed to recognize prior land grants issued by Spain and 
Mexico to individuals, communities, and indigenous pueblo people. Thus, 
during the 50 years that followed the signing, numerous procedures were 
developed to evaluate and validate the land grants. However, the 1848 
change in sovereignty brought together two different legal systems--the 
Spanish/Mexican and the Anglo-American. These competing legal systems 
resulted in the inability of the United States to properly recognize 
and honor the important role that custom played in preserving the lands 
and waters in accordance with Spanish and Mexican law.
  My good friend, then-Representative, now New Mexico Governor, Bill 
Richardson introduced legislation that would create a Presidential 
Commission to study the claims of the land grant heirs. In the 107th 
Congress, my predecessor, Mr. Redmond, introduced similar legislation 
in this body. With tremendous bipartisan support, the Guadalupe Hidalgo 
Treaty Land Claims Act of 1998 passed overwhelmingly. Its supporters 
and co-sponsors included not only the current Speaker of the House, but 
former Speaker Gingrich and members of the leadership of both parties.
  With the passage of this bill, the House of Representatives sent a 
clear message that it was time to undo 150 years of injustice. 
Unfortunately, Mr. Speaker, the legislation never made it through the 
Senate.
  During the 106th and 107th Congress I picked up the mantle that my 
predecessors carried in the House of Representatives to remedy the 
situation and to correct these injustices. I was pleased that I had the 
full support of the Congressional Hispanic Caucus in this regard.
  Senators Pete Domenici and Jeff Bingaman, along with myself, asked 
the GAO in 2001 to undertake a study of whether the United States 
fulfilled its obligations under the Treaty of Guadalupe Hidalgo with 
regard to land grants made by Spain and Mexico. Although I had intended 
to introduce this legislation again today to coincide with the 155th 
Anniversary, I am withholding this important legislation until the GAO 
study regarding the treaty is released.
  Mr. Speaker, the issues that have evolved from the signing of the 
Treaty of Guadalupe Hidalgo center on the concept of fairness and 
justice. Thus, I ask that all Americans acknowledge the 155th 
anniversary of the Treaty of Guadalupe Hidalgo, by recognizing the many 
issues that remain to be properly addressed in order to assure a fair 
evaluation of the land grant claims.
  Once the final GAO report is released and all stakeholders have had 
the opportunity to review and comment on the findings I look forward to 
working with the entire New Mexico Congressional Delegation and 
stakeholders in starting the long process to resolve these disputes and 
to bring our government in line with its treaty obligations.

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