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<title level="m" type="main">Maxwell Land Grant</title>
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<author>Mar&#237;a E. Montoya</author>
<editor>David J. Wishart</editor>
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<p>Copyright &#169; 2011 by University of Nebraska&#8211;Lincoln, all rights reserved. Redistribution or republication in any medium, except as allowed under the Fair Use provisions of U.S. copyright law, requires express written consent from the editors and advance notification of the publisher, the University of Nebraska&#8211;Lincoln.</p>
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<bibl><author n="Montoya, Mar&#237;a E.">Mar&#237;a E. Montoya</author>. <title level="a">"Maxwell Land Grant."</title> In <editor n="Wishart, David J.">David J. Wishart</editor>, ed. <title level="m">Encyclopedia of the Great Plains</title>. <pubPlace>Lincoln</pubPlace>: <publisher>University of Nebraska Press</publisher>, <date value="2004">2004</date>. <biblScope type="pages">361</biblScope>.</bibl>
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<div1>
<head type="main">MAXWELL LAND GRANT</head>

<p>The Maxwell Land Grant, located on New
Mexico's northeastern border with Colorado,
possesses one of the most interesting legal histories
of any piece of land in the United States.
During the latter part of the nineteenth century,
the Maxwell Land Grant and Railway
Company, a Dutch bond-holding company
doing business in the United States, used violent,
political, and legal means to extinguish
the property rights of hundreds of the grant's
residents&#8211;Native Americans, former Mexican
citizens, and American homesteaders.</p>

<p>Conflicting claims to the land originated in
the grant's conveyance in 1841 from the Mexican
government to two Mexican citizens,
Carlos Beaubien, a prominent Taos merchant,
and Guadalupe Miranda, the collector of
customs for New Mexico. That conveyance
did not specify the exact location of the grant's
boundaries or its exact acreage. After the Mexican
American War (1846–48), the departure
of Miranda, and the death of Beaubien in
1864, Lucien and Luz Maxwell, Beaubien's
son-in-law and daughter, took control of the
land. Maxwell managed the grant by settling
people, raising livestock, planting crops, and
engaging in the developing trade with the
United States. As sole owners of the land
grant, the Maxwells became prominent citizens
in the eastern Plains of New Mexico and
were famous among Santa Fe Trail traders for
their lavish home and lifestyle.</p>

<p>When gold was discovered in 1867 and prospectors
swarmed onto their property, the
Maxwells became aware of the land's worth
and their inability to control its boundaries.
Not knowing the extent of their property holdings,
they, with the help of Jerome Chalke, who
was attempting to broker a lucrative sale, conducted
the most accurate survey to date, determining
that the grant was 1.7 million acres. In
1869 the Maxwells sold the land to English
investors for $1.35 million, or less than $1 per
acre. The buyers, well aware of the ill-defined
extent of the grant's title, sought to have Congress
confirm the grant at 1.7 million acres,
thus giving the investors a clear title to the
property. Though Congress confirmed the validity
of the land title, it did not specify how
many acres the grant contained. In 1871, however,
Secretary of the Interior Columbus Delano
ruled that the grant contained only 97,000
acres, because under the Mexican Colonization
Law of 1824 a grant to two individuals had
specific acreage limits. Secretary Delano then
instructed the Maxwell Land Grant Company
to choose 97,000 acres, and he declared the
remainder public domain and open to settlement.
Faced with this unfavorable legal decision
and financial ruin, the company's directors
turned to its powerful allies in the Santa Fe
Ring (an influential group of politicians and
business leaders) to help them preserve their
investment. For the next ten years, the Maxwell
Land Grant Company waged a political and
legal battle to maintain its claim to 1.7 million
acres, while at the same time homesteaders
were settling across the land grant on what they
believed to be public domain.</p>

<p>The legal troubles continued during the
1880s, when the state of Colorado sued the
Maxwell Company, arguing that its property
claims infringed on the Colorado public domain.
The lawsuit, <hi rend="italic">United States v. Maxwell</hi>,
made its way through the court system, eventually
landing in the U.S. Supreme Court. In
1887 the Court decided that the boundaries of
the land grant were not restricted to a mere
97,000 acres but extended to enclose 1.7 million
acres. The effect was that hundreds of
settlers, many with final homestead rights,
were evicted from their homes. The conflict
between the Maxwell Land Grant Company
and the settlers came to a violent standoff in
the Stonewall Valley War of 1888, in which two
men died, many were injured, and the company
sustained substantial property damage.</p>

<p>Despite these last violent skirmishes, the
Maxwell Company maintained control over
the vast estate well into the twentieth century
until they sold portions to the Rockefeller-owned
Colorado, Fuel, and Iron Company,
the Phelps-Dodge Corporation, and other
private interests. Today, the largest intact parcels
of the land grant are in the Kit Carson
National Forest and the adjacent Boy Scouts
of America Philmont Scout Ranch.</p>

<closer>
<signed>Mar&#237;a E. Montoya<lb/>
University of Michigan</signed>
</closer>
</div1>

<div1>
<bibl>Maxwell Land Grant Papers, Archive 147, Center for
Southwest Research, Zimmerman Library, University of
New Mexico.</bibl> <bibl>Montoya, Mar&#237;a E. <title level="m">Translating Property: The Maxwell Land Grant and the Conflict Over Land in the American West, 1840–1900</title>. Berkeley: University of California
Press, 2001.</bibl> <bibl>Pearson, Jim B. <title level="m">The Maxwell Land Grant</title>. Norman: University of Oklahoma Press, 1968.</bibl>
</div1>


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