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

much less learned lawyer, dnd, oi
Supersadiag The interests OF the United States, was
TO tnusstgai the claims and oppose only those winch
had fraudulent cngn or no ofigD al all Gfeat Is he
difference the cases-in that of 1905 real agent 10
look into IN this OF 1851 attorney general, with
unlimited and underlined powers prosecute Tor The
United States, and to have the whole control in conduct
ing the suits against the claimants. His power 10 super.
intend his power over deposons, and ,he very nature
OF hs Office VIII make him the conductor OF the
and subject the board TO follow his lead in the whole form
OF the trial and the points be decided Truly he will be
government attorney to prosecute the people for their
lands
According to the old acts, there were to be three
agens-one Tor each district in which there board
Here there TO be but one and the board is 10 s
body knows where That is TO be left TO the President
and as he will know nothing aboutit and as II detail
OF Legislation not proper Tor him To perform, he will prob
ably leave II TO the agent learned the law TO the
board and he they or he and they upon every principle
OF human action, will fix the times and places 10 suit
thenselyestn suit their own convenience, and not TO
suit the convenience and the rights OF the claimants.
One agent for country as large as California But
there to be only board and that TO be stationary
or ambualory' He is to anenf the board in session,
and a<a attend TO taking deposons all the State
Sac the eonelad"e fast Of the sersfon e r. no
tees, and to receive notices. He is to notices OF
time and place OF taking deposons the claimants,
and time enough allowed the agent enable him 10 be
present at the taking. Now, how many suits may there
be! Perhaps five thousand And scattered over how
much ground may the witnesses and claimants he Per.
haps thousand miles California is large State. and
new, and travelling difficult; yet all this Stale may
people be notified to attend TO take depositlons This
one OF the most tedious and veXalous things ~ law
Giving notice is trouble and expense-aending to
cross-examlne is trouble and expense, and the greater
because lawyer Is TO be present TO examne-provne
the notice in court is further trouble and expense YET
all this trouble and expense the learned lawyer agent
may nIct upon the people Then there are no issues to
try. la suits at law there issues; here there
none. The experimenting attorney is to attack as ne
peases and as he peases and that fol- three gen
erations back.
What interest of the United States is he to supentend
The interest OF getting OF land from the claim
ants or the great interest which the United States have
in quieting and settling the country' Which interest is
that this agent is to superntend There is nothing
here to tell which interest il is but the agent per-
son 10 be employed by the United States he will consider
himself employed by client and his business will be TO
get every he out of the adverse claimants That
is the way he will understand it He has unbounded
authority 10 do what he peases Why this change OF
language except for purpose?
TIE section then provides tha, the President may
continue him in said agency as long the public IN
teres may, in the judgment OF the President, require his
continuance, and TO allow him such compensation as the
President shall deem reasonable" How different is
this from the act of 1905! There the agent had fixed
salary, and fixed duration, as we'll as fixed duty
Here all this changed, and doubtless for purpose
II s characteristic OF this bill throughout to leave
things as open and vague as possible 1t is not at one
point, but at all points, that vagueness and uncertainty
are. In this case the Presidents 10 allow the agent
such compensation he shall deem reasonable This
agent or lawyer then, will consider himself entitled TO
compensation precisely in proportion the number OF
cases which he shall succeed defeating any claim to
land. Certainly where demanding compensation be will
make out his bill according to the number OF claimants
the country all the while harassed worried and distract
ed. He will foot up the number of be has "saped
and charge accordingly. Then he is to be in for an IN
definite time-as long the President may think the
public interest may require his continuance How long
will that be just as long the lawyer agent may
deem himself necessary and under this bill may be
many years as he pleases He is to superinend and
conduct the and may be long about he finds
!, profitable The law agent is to have unlimited au-
mony on the part OF the United States in every in
which the agent may choose to exclude it, and substi
tutes the harassns proceeds OF deposohs Bu, we will
20 on:
claimant shall be read evidence any case, whether
before the commissioners before the district the su-
and place Of taking the shall be given IN writing to
said agent or TO the district Attorney
Here are two lawyers brought in-,he law agent and
the district attorney Both be employed about these
depositons and after they thus taken upon notice,
the notice must be proved. and witness for that purpose
brought, and kept in court.
All these subjects of great delay, great expense,
grea! vexaton, amounting to large tax both the
purse and on the time OF the whole people OF the coun-
try. Taking depostions is tedious and troublesome IN
old States, where there facilities for doing IT, What
must II be in California, where there no facilities
where the people whom the lawyer agent is TO serve
these notices ignorant OF the language IN which Is
written, and perhaps unable to read II II he knew the
language The party has knowledge OF any question
which will come up before the board and therefore must
undertake 10 bolster up his title at all points, and in all
time from its inception, which may have been eighty
years ago. He does not understand the English
language; never witnessed a law proceeding before
He will have 10 employ man TO write every word Tor him
California stretches from 80 TO AZ degrees, and from the
Pacific the top OF the Sierra Nevada and TO the
Colorado. And over all this country lawsuits for land
are rage once-lhe government ordering the suit in
every instance. Not only the old settlers, but many OF
the TO be thus harassed. There are many
grants TO American emigrants on the Sacramento-em
grants who conquered the country for the United States,
and have to contend with the United States for the
lands which the Mexican government gave them.
Mr.. President contrast all this with the simple and
summary proceeding under the act OF lS05 in Mr. Jefer
sons time | have read extract IN relation to the
agent and his duties here is another IN relation to the
| board and its duties
Each board majority Of each board, shall, in their
spective districts, have hear and Decide in a
summary all matters respecting such claims also
anime and such testimony be ad.
duced 6o ard 10 decide in summary way according to
Jnsties and cqnity on all claims filed" &c.
| What a difference between the two proceedings In
the old act the proceedings be summarythat is TO
say without written issues, and without lawyers-and the
decisions are TO be according 10 equity and iust,ee
There to be proceedings without expense and with
out law forms, TO the old inhabitants OF louisiana and
they were to get justice and equity Not so IN California
There ii is all law and lawyers Equity and justice are
never once mentioned
And now, Mr. President why these people Of Cali
1 forna to be treated in this manneri Why treated so
much barder-with so much severity-than the
enough, and had enough trouble with their lands, and
many lost them, Yet the laws were then moderate IN
comparison 10 this, and paid regard to the rights oil
settlers Time always element IN favor o their
claims, and many allowed on time aone-on ten
years time and cultivation. No lawyers were necessary
Here the party will have bring lawyer into court to
maintain his claim all points Ii must operate