The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-30

Mr.. BORLAND. Iagree with the senator from North
Carolina luly and hope the amendment TO the amend
was fully considered and discussed some time ago in
committee Of the whole, and the Senate determined to
retain the amendment as II now stands in the bill do
not think it al all necessary TO 90 over the grounds
which the friends OF the amendment fhen urged. |
thought they were conclusive and satisfactory, and
hope they will be considered so now.
The amendment to the amendment agreed to-
there being on division-yeas %, nays IL.
The question recured ON concurring in the amend
Mr. RUSK. move to strike out OF the amendment
all 10 relation 70 the appointment Of the agent to be sent
to Mexico DO not see that there is any use Tor him
He could not be used legal authority in ourt Of JUS
ce and these things had much better be left to the in
yes!igaion Of the parties themselves who interested
mission time ago for similar purpose and nothing
vision, nothing will be, done. or If anything should be
done, it will be the collection OF mass of information
which will be Of no authority whatever.
Mr, BADGER, Ms, President my friend itom Tsyas.
rates the importance OF This amendment. The Supreme
Court have found themselves in such difficulty that they
cannot get with the consideration and adjudication Of
claims depending upon the Mexican and Spanish laws
force in those countries because those laws to be
obtained The object is not to collect private documents;
il collect the public laws from tbe public archives,
Spanish and Mexican, which necessary in order that
the courts in the Territories and States, and afterwards
the Supreme Court may be enabled TO understand the
law BY which he cases @ are to be adjusted When this
any other collection OF that kind. happen 10 know that
this is subject in which the judges Of the court feel
deep interest," absolutely indispensable to enable them
to discharge their duties properly That is the state of
Mr. RUsK Then this appropriation is altogether
wrong, because we need no agent All that we need is
translator Of these laws; for they here in the State
Department All the Mexican laws upon the subject Of
are here in the State Department All thai we need on
the subject is translator, authorized to translate and
publish them. knowitis very difficult TO get inorma-
tion-especally reliable Internationally any agent
to Mexico. 1t is matter almost impossible TO do so
and appehend this would be needless expenditure OF
money. The amount is not great, and if thought any
good would OF il, would not about il but
my opinion is, that persons will depend upon the report
we may receive for information and when il comes no
information will be obtained or, II any is obtained, it
will be of such character that rather than throw any
light on the subject, it will misead.
Mr. PRATT. II apprehend precisely the amendment
on which about to vote, il is OF more importance
than is supposed generally TO be by the Senate II d-
reefs the appointment Of an officer TO collect any docu
mentary evidence which may exist in Mexico relating 10
officer Of this government to make that collection, it
is an important inquiry whether we do not make what is
collected BY hm, per ss, evidence IN al cases Of land
friend from California whether where there conflict
ing claims under Mexican grants, or any conflicting
claims in which Mexican grants Mexican documentary
evidence may be introduced, he is willing, by adopting
this amendment TO put il in the power of an officer OF
this government TO make book which he is to publish
in that point of view il is question OF deep importance
whether shall be willing to inIust 10 any officer ap
pointed by this the power 10 select from ex
isng Mexican documents such shall be evidence in
reference TO all land claims in California.
Mr. WELLER. Mr.. President, do not that the
fact of the appointment OF agent 20 the city
OF Mexico for the purpose OF obtaining copies of DEGREES
and laws which may exist there would of itself
ry make the report of the agent legal testimony in the
objection TO it, do not desire that the evidence which is
procured in the city of Mexico shall be considered evil
denee before The land commissioners any further than i
any amount OF Information to be acquired by this
agent who may be despatched 10 the city Of Mexico but
think il is worth while for this government you can
get intelligent and honest officer 10 report that there is
nothing there, because am that there will be large
amount OF law manufactured in Mexico to suit the
that may be pending before the commissioners Ellsworth
$4,000 10 find out that fact alonethat there is nothing
there. Then you will have precluded these men from
subsequently manufacturing testimony, and manufactur
ing law in the city OF Mexico in order TO suit the paric
ular cases which they may present before the land
missioners. For that reason think II is highly polite
that this officer should be appointed-that some person
should go there and ascertain the fact whether there be
any testimony there which is calculated 10 affect the land
titles that are pending before the commissioners
Mr.. BERRlEN. Mr.. President the motion OF the sem
ator from Texas as understand il, is to strike out the
whole amendment.
Mr. RUSK. That portion only relating to the appoint
OF an agent to collect Mexican laws and evidence
in relation TO Mexican titles.
Mr. BERRlEN. mean 10 say il is TO strike out the
whole OF thai portion OF the amendment which relates TO
the collection OF Mexican laws and documents. Mr..
President that portion OF the amendment has objects,
one Of which should be disposed to support, and the
oiher 10 oppose 90 lar as proposes 10 collect the Mex
lean laws which may be applicable 10 the condition OF
California, 1t appears 10 10 be very proper that this
government should collect these laws, and put them into
a volume accessible TO all and in such form as 10 be
easy OF reference For that have precedent in the
OF Florida. When Florida was acquired it became
necessary In settling the land titles in that Territory
obtain easy 10 the Spanish laws and. under
resolution OF the House OF Representatives, Colonel
White, OF Florida appointed 10 make that compila-
ton II received and approved by Congress, and has
been in common in courts OF the United States when
questions arise in relation TO the land titles In Florida
So far them this provision relates to the Mexican
laws which may be applicable to land titles in Calforna,
II ia think, very appropriate; and the book which
would be published from such collection would be re-
ceived as authority in the courts OF the United States
But the portion OF the amendment on which am
speaking goes further II provides for the collection OF
memorials relating land claims in California and for
any documentary evidence that may be found upon that
subject In that extent, opposed the appointment
Of any such agent These private documents, rela-
ting, believe, TO private interests, and would not put
upon any agent OF the government the responsibility of
collecting together any documents which he might think
Of sufficient Importance TO be imboded in such colec-
ton and TO exclude others which he might think not
sufficiently important Very serious injury might be
produced TO the rights OF private individuals by either the
want OF correc, Judgment The Of the exer
cse OF that judgment by the agent who should be selected
Tor this purpose would suggest therefore, TO the
a,or from Texas TO modify his motion as 10 strike out
the latter portion OF the amendmentthat relating 10
MORALS and documen,sleavng the first part which
aes to the laws and ordinances OF Mexico to be col
lected by the agent
Mr.. RUSK There was so much noise in the cham.
Der, that am satisfied the senator from Georgia did not
hear me when before. The complai,on al the