The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06


Mr.; FOOTE. rise simply for the purpose of stating
That THIS is my iasorle section have thought for some
lime past, as have had inform alton upon Il that sas-
hel my mlnd that the public interests were in great
danger in California aud would be subjected 10 Srest
detrlmen unless individual appointed 10 per
torn such duties provided for in this section Thai
being my deliberate CONVICTION upon full alton
OF the matter, and such evidence perfectly saiisac
tory 10 me, shall vote Tor retaining the section do
trust that upon so plan point the Senate will allow US
to get vote very early For being exceedingly anx
ous To decide this controversy, am willing TO sit out
this bill TO day. 10 come TO final conclusion upon il
Mr. BERRlEN. The answer to the arg ument by which
this motion is supported is very brief II objects
IN the rs instance 10 the appointment OF an agent, and
carries the attention OF The Senate back the action OF
Congress regard 10 Louisiana and other periods Now,
there have been two periods in the legislation OF Congress
upon lhs subject In the earlier period they appointed
boards OF commissioners to whom they gave the power
OF reporting upon these claims but reserved to them
selves the power of deciding ultimately upon them That
was the character OF the board of commissioners OF whom
tue senator has spoken; and IN regard TO such commits
sione having such power The character of the agent
not IN degree AN important In 1924 Congress de-
ermned 10 dives themselves OF The power and call in
..s ~'e "a t,e thrse claims They
did not appoint law agent but required the district
omey, VINO lawyer, TO attend and superiaend the
interests OF The United States. presume, from the sx
perence which had under that provision, il was
found necessary, the act O 1928, which gave to the
pvae claimants OF land IN Florida the privilege OF COM
ing into court TO provide for the appointment OF law
agent IN the very terms in which it provided for in this
bill Tne- section 10 which the senator objected is
copy from the corresponding section OF the act OF 1928
authorizing the appointment OF a law agent The reason
why the committee judged it proper to conine their du
the extent OF the State of California, and the probable
Impracticahy Of the district attorney attending mas.
unch the district court, where his duty requires him
to be- might be in session while this board holding
their session in different part of the State Now, with
respect 10 the enormous duty which this officer has to
perorm-he importance of his being in attendance upon
these boards that urged by the have TO say
that there is but board They 10 hold their
sons in different places-they must travel to held their
If tFlya ltlf MS her
sessions TO be held the law agent do the
have then TO say TO The first objection to the appointment
OF law agent that the committee have acted upon the
experience of Congress relation 10 the Florida claims.
and they have pursued the course pursued them
and this section has been copied from that.
With respect the taking Of depositions there is moth
ing prevent oral examinations before that board The
required to take down these examina
lions in writing, to be kept and the dispositions which
are be taken be employed, apprehend, 70
the extent suggested by the SENATOR since they to b.
taken before three commissioners. And with respect to
the limitation of the time OF the commissioner before
whom notice OF this sort is returnable the objection is
These are all The answers which have to
give. hope the question will now be taken
Mr.. BENTON The motion which make apple, to
fore the district court the United States district attorney
will attend and when il comes before the Supreme Court
of the United States here, the Attorney General, eup
pose. will attend II sony to the board Of commission
erswhch is TO be pre minary tribunal Tor examining
into these casesto which my motion applies, 80 as TO
have them decide promptly and Systematically, and lean
The yeas and nays being ordered, the question was
taken by the and nays and the motion TO strike out
was rejec,ed-yeas 2, nays 37-as follows;
YEAS --Messrs. Benton and Dodge Of Iowa.
NAYs-MessIs Badger. Baldw.n, Berrien. Borland.
Dayton Dickinson Douglas, Downs Ewing, Fech, Foote.
Greene, Gwn Houston, Jones, King, Mason Miller MOT
ney, Underwooj, Upham Wales. Walker. Whi,comb. and
Wlnthrop-37
Mr. BENTON / now move to strike out of the fourth
and fifth lines OF section four the words "to superntend
the interests OF the United States n the premises. and to
oppose all such claims the said agent shall
deem fraudulent and unfounded"
Mr.. BERRlEN rise 10 point OF order, whether
refusal to strike out section is not adoption OF it by
the Senate and motions TO strike out parts Of the SEC
ton conseSusntisy o. out OF 9r, order
The PRESIDENT. The Chair understands the amend
proposed by the senator from Missouri is TO strke
part OF the section and insert what has been sent to
Mr. BENTON That is my motion.
The PRESIDENT 1t is not in order at this time, az
the Senate in committee OF the whole have refused to
strike the fourth section 1t will be in order to make
the motion TO strike out when the bill reported to the
MIR. BENTON. then move to strike out the four.
eenth section OF the amendment OF the committee, aud
insert
"That rights titles and claims town. city pueblo,
village lots outlos common held lots and commons In
adjoining, and belonging the several cities
bios. villages in California, founded under the Spanish
or Mexican government which lots have been nhabit
ed, cultivated possessed previous to the date Of tho
hereby confirmed the nhabant OF the respective
villages pue bios and cities according TO their ght,,
rights In theretoi Propded That nothing herein
shall be construed affect the rights Of any
claiming the lands part thereof And IL
shall he the duty OF United States surveyor general In
the said State be, TO cause to be surveyed
and marked [where the has already been done
according to awl the ouboundsry lines OF the said several
towns. cities villages and puebo., include tho
out lots field lots, and thereto respect
lively belonging And he shall make out pias OF the sur
yey for ard transmit copies OF the said pat TO the
Comm ssioner of the General Land Otice to the
cordar oi land sales"
That amendment, Mr.. President copied word for
word from the of 1912, confirming the clama to ow
lots, village lots and common field lots, in upper Louis
lana The only difference is that in the Louisiana
the names OF all the towns were enumerated am not
sufficiently acquainted with the OF towns and vii
lagos in California to name them Under the act of
1912 all the descriptions OF property enumerated IN the
amendment confirmed by law TO the inhabitants,
and they no longer appeared before any board OF commits
soners or any tribunal The law heir title, and
the surveyor of the district surveyed the lots Tor them
That the law of 1872 which queted the inhabitants
of our and villages and there are very strong rea
sons why we should confirm the same kind OF property
10 the inhabitants of the towns and villages in Cafor
MIA These lands, al the time they were given to the
people OF California declared by law to be legal
title for the owners protection and were directed TO be
given to these people without any remuneration for the
title for the act of putting them in possession. II s
taken from "Acs governing the early settlement OF Cali
ornia extracts from instructions TO be observed BY the
commandant OF the establishments OF San Diego and
Monterey given by the viceroy the nth OF August 1773
The 10Th and 18th articles OF these instructions related 10
the population of these towns and villages The 18th
related 10 the Indians the 9TH TO the white people and
both Indians and white people will be affected by h:
section pass in what form may, deem right to read
both sections. The l2,h article says:
with the desire that population may be speedily