The decree concerning the use of the two languages tended to make the
ownership of the lands of the State fall into the hands of those speaking
English. But in addition to this, a decree was published declaring the
property of all enemies of the State forfeited to the Republic, and
a Board of Commissioners was named “to take possession of, direct,
determine upon, and sell all such confiscated or forfeited properties.”
The Board was given the ordinary power of courts for citation, for
examining witnesses, and for enforcing obedience to its orders. All
property declared confiscated was to be sold soon after the rendition of
the judgment, and military scrip was to be received in payment at the
sale of such property, thus giving those who had been in the military
service of the State an opportunity to secure their pay out of the
estates of the persons engaged in the war against them.
The land titles in Nicaragua were in a very unsettled condition, and
the same system prevailed there as in other Spanish American States.
The limits of grants were indeterminate, and there was, of course, no
registry law. Accordingly, in order to fix the number of outstanding
grants from the Republic, a decree was published requiring all claims to
land to be recorded within six months, and it was further decreed that
after a certain date no conveyance or mortgage should be valid against
third parties, unless duly recorded in the district where the land lay.
This was a substitution of the English and American system for the rules
of the Roman and Continental law. The recording of titles is undoubtedly
for the public advantage, and those possessed of good titles to land in
Nicaragua would in virtue of this decree have held their possessions by
a tenure more certain than ever. But the system was fatal to the bad or
uncertain titles. It also gave an advantage to those familiar with the
habit of registry.
The general tendency of these several decrees was the same; they were
intended to place a large proportion of the land of the country in the
hands of the white race. The military force of the State might, for a
time, secure the Americans in the government of the Republic, but in
order that their possession of government might be permanent, it was
requisite for them to hold the land. But the natives who had held the
lands for more than a generation admitted that the cultivated fields had
diminished in number and extent every year since the independence, for
the want of a proper system of labor; hence, according to the admission
of all parties, the re-organization of labor was necessary for the
development of the resources of the country.
Public-domain text, read in full here on John Shaqi.
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