The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-24

previously introduced II any one ready, when his
turn comes, let him 30 down in the ordeI shall vote
against the proposition to make this special order
SENATOR is not proposition for special order
il is TO take j up to dispose Of Il,
Mr. DAVIS. II is the same thing and shall vote
against IL But the senator from Louisiana need not fear
that in the which he has stated the per diem would
out, for there is no danger but that would be made
an exception the rule il il should be necessary That
extreme case, for which the Senate itself will pro-
vide !.
The question was then taken by yeas and nays, and
resulted-yeas ~, nays l6--as follows
YEAS-Messrs A,chison, Badger, Baldwin Bell, Brad.
Dodge Of Wisconsin,, Dodge Iowa. Douglas. Downs Ey
se@ard, Shields Sm,lh. soule Sturgeon, and Wales-27
NAYs-Messrs Botland, Davis q Mississipp Dawson.
ney, Underwood, UPhsm, Walker, and Wbi'comb--i6
So the bill was taken up for consideration bill
10 ascertain and settle the private land claims in the State
Mr. GWIN move to strike out all after the enac,ng
clause and to psert, with some notifications, the bill
which laid upon The table some days ago, and which
has been printed. Before the bill is read wish to make
explanation OF the reasons for the substitute have
three objections TO the original bill
First, It ixes upon the times when the commissioners
the discretion OF the President think that the cir
cunsances OF the country require these commissioners
10 be at Of the points earlier than the time indicated
by the bill For instance the original bill provides that
they shall be Sacramento the first Monday in Oc
lober 10 my opinion, they ought to meet there as The
first place in the country because there more difficulty
with regard TO private claims there than anywhere else
My second objection to the original bill arises from the
fact that it authorizes this board Of commissioners to ex
to The dale Of the treaty Of GaadaIupe Hidaigo Now,
sir am opposed to all such claims being tried by the
board Of commissioners. think claim ought 10 be
examined by this board except those which originated
from the Spanish and Mexican governments, up 10 the
date Of the taking possession OF this country in July,
1885, and not to the treaty OF Guadalupe Hdago. Il is
known those familiar with the history OF the country,
that there land claims, and very important ones,
which originated from the grants OF the military officers
Of the government between the period OF taking pos
session. the 7h OF july 1885, and the treaty OF Guada
lupe Hdalgo. do not think these military officers
had the least auh0iy TO grant any donations or to make
The board Of commissioners should have no authority 10
make disposition of the pubic domain. and that no
other power than the Congress OF the United States
far legalized grant the powero the board OF com
mssoners all those cases which arose after the 7h OF
July, lsi6,
fact that the right of appeal is not given to the United
States the that the board Of commissioners de-
eide against the United States upon any claim while the
right OF appeal is given TO the claimant am in favor OF
giving the right OF appeal to the United States well
the claimant am confident that there would be great
in that country i The United @ States % could
Of millions Of dollars The claimants. 50 far as my
willing TO abide by the decisions OF The Supreme Court Of
the United States. The bill introduced by my colleague
made decision against the United States final but gave
district court If the district court decided against the
United States it FINAL decision; but il against the
claimant he again had the right TO appeal 10 the Supreme
Court of the United States. My substitute gives the
United States the right TO appeal in both well
the claimant; that, in either case il may be brought
necessary 10 the highest tribunal OF the country Tor
settlement
With these exceptions, the amendment propose is
nearly the same with the original bill. This amendment
is the bill agreed upon between my colleague and myself
at the last session. with these differences We leave tito
the Senate decide whether the principles he Is 10 favor
of those am in favor OF, shall be incorporated in the
bill.
The amendment was then read by the Secretary fol-
lows:
bill TO provide for the examination and seteneB OF
4 tltles and claims to land in California.
SEC Be IL enacted SC That Tor the purpose Of
California, three shall be appointed by the
ae VINO hold their such times and such
places as tho President shall direct.
Sgc q dad be further sraeed That all persons claim
lands IN California by virtue any right or title derived
the Spanish the Mexican government previous to
shall present tSe same 10 the sad commissioners when
sitting board, who shall proceed examine the same
/. valid or Invalid Aud the district attorney for proper
district shall appear before the commissicners and attend
which he shall be allowed reasonable compensation
And the marshal Of the district when the board is ia ses
son shall appoint a deputy marshal 70 attend upon the
same which he shall receive the compensation
allowed the marshal for his atendanee upon the
sxo And DC Il further enacted That, in deciding the
OF validity validity OF said claims, the board
OF commissioners shall be governed ~ the treaty OF qua
daupe Hidalgo, the law Of naons me laws, nsases,
and customs of the government rom which the claim y
derived the decisions of the Supreme Court OF the uni
ted States, far they Apply, and the law OF pre-
cpton IN favor Of possessory rights, as appicabe 10 IN
divduals.
src l. And BE- IL further enacted, That all testimony In
relation claims shall be taken in writing and pre-
recorded in bound books and for the purpose oi
taking such testimony the board itself when In session.
of the board hereinafter provided for shall be authorized
to administer oaths, to examine and crossexamine WIZ
nesses file evidence with the Fecreary oil the board
be used when the for hearng-the clsn
district attorney always having due nouce oil taxing
such testimony, when not done nj his own instance.
SEC And be IL Juvthsr en1csd, That Inc saio COM
shall be allowed each Elk thousand dollars per
annun asd twenty cents mile for their necessary travel
| ling in the discharge OF their duties. re
Sac q. And BE- further enacted That the said conmis
soners shall appoint skilled In the spanish ana
Engsh languages and such c sfks be necessary,
not exceed number and said secrctay shall make
be allowed three thousand dollars year, and twenty cents
travelling, and the fses of ONCE ne
aler established and the said clerks shall. be aiwed
each fifteen hundred dollars year.
icction confirmation Of any claim by the board OF
il shall and may be lawful for the claimant
tho United States to present petition 70 me oso,
the proper district setting forth iuly me name
the deraignmcnt OF uie, accompanied by transcr,p.
OF the report OF the board Of commissioners ana o' ,ue
papers which IL foundedj and u shall thereupon
and nj the ensuing term oil the dsifict
upon apple alton Of the parry against whom
is rendered, grant appeal TO the supreme u WI
United States and said Supreme Court OF the onleo
States shall thereupon proceed hnay % .on
pcabe which are recognised In the act OF Congress-
proved twenty sixth May eighteen hundrsa and twenty