The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-22


legal form, The precise facts from the witness which he
knows aud which he is capable of giving, Now, 4
you pass the amendment that point is avoided, and
any claimant in California before any magistrate
IN the most part OF the State, eight hundred
or thousand miles, whatever may be the distance he
may collect his witnesses there, and may obtain an er
paHe examination and that is TO be returned evidence
Of title on the part Of this individual against The United
States Could not the United States be better protected il
that examination was conducted before commissioned
appointed by the United States or by law officer OF the
United Statesl II my friend from California [Mr VEL
LER cannot see the force OF that objection. think il ID
not my fault, but his own.
understood the senator IRON Maryland, Mr. PRATT.
This law simply authorizes the board OF commissioners
TO direct one OF the clerks OF the board, whenever the
law agent assistant attend, attend and take
the teposons Now, there five clerks. believe, in
this board. and they all gentlemen Of the legal profess
soa-thsy are all llawyefS They all competent, ap-
prehend TO elicit the truth from witnesses upon examina-
ton But in order 10 guard against this loose OF
taking testimony to which the senator aIludes, there
provision that all inteogaores and nterrogato
shall be ied before the board OF commissioners Now,
suppose upon the filing OF these interogaores and
neogatories the fact s disclosed that the testimony
not very materials suppose II IS mere question whether
the party occupied these premises at particular time: the
board would say at once il is not necessary to send
law agent there, nor either OF these clerks But when
ever by the Ming OF these nterogaores, would appear
that the testimony material, and would affect se
ousy the interests OF the government the board repre-
senag the government, would take that the law
agent competent person. despatched to take
il. Now, ask the Senate what fraud can be pracsed
when the board OF commissioners there for the pur-
pose OF watching every interest OF this government !!
There is lawagent there and assistant aw-agent,
and whenever these n,errogatoes shall show upon their
io they have TO be filed forty days before the depo-
stion is aken-that the testimony about 10 be intro
dnced materiel, il not reasonable suppose that
these commissioners looking 10 the interests OF the gov
ernment would take 10 send agent fully qualified
to superntend the taking OF that evidence This is the
objection which the senator hasJntroduced; and hold
that there is no force in the argument, unless it be ad
mtted that there is something peculiar about imposing an
oath by federal Judge which does attach TO State Judge
If testimony is 10 be taken from any county-Los An
gelos or San Diego, for example-if it is matere that
nateralty will be shown 10 the board OF commissioners
by the filing OF these ntetogatories and ii is the duty
of the agent of the government 10 supernend the taking
OF It he thinks that the interests of the government
about to be involved What objection is there TO that
| This law provides that the board of commissioners
"may authorize and direct the clerks OF the said board to
supenntend the taking of depositions' and suppose
they would exercise that discretion which is vested in
them by the fifth section of this act whenever the inter
rogatory showed that the testimony was immateral.
Oftenmes it is matter of form. large of testi
mony will be introduced before the commissioners which
not material in deciding upon the justice injustice of
the claim In all such cases where il is a mere matter of
FORM or where the facts are mmateral as a matter of
course would be well done by the clerk by the law
agent But you have five clerks who professional
men, and two law agents, all learned in the law and
skilled in the Spanish language, hold that the interests
of this government will be sufficiently guarded and there
will be no danger OF fraud being perperated.
Mr.. PRATT by what peculiar practice confined TO
California; certainly think is known elsewhere
with great deference TO my friend from Califoma-the
lssones could ascertain the importance OF tesii
moDy before that testimony is taken, leave il TO the
Senate to Judge The senator's to my argument
IL, that these commissioners will know by the nerroga-
tories hled that this testimony is or is not TO be import
ant and if they find from the nerrogatores that the est-
mony Is TO be important, then they will send awagent
10 make the examination How earth they are to
certain by the filing OF the nieTogatoes whether the
testimony is 10 be important humbiy demand TO know.
lnieuogao would be put like the following "Do you
know such tract OF land I" "Have you any knowledge
in reference TO the title to that tract " These the in
terogaories that would be put and how could the
nssoners ascertain by such nteogaores fled that II
was important testimony that was TO be obtained
There IS another objection TO the amendment TO which
desire 10 call the attention OF my worthy friend from
California Under the law il now stands, these com.
mssoners obliged 10 60 10 different sections OF the
State for the purpose OF adudicatmg land titles sub
nit that practically this amendment will repeal that OBJ
legation. They sit in San Francisco. II they are
permitted TO take testimony by nterrogatoes in distant
portions o the Sate the necessity TO go 10 these distant
portions for the purpose OF adludcaDg land titles will
cease OF course, they will go TO the great ncon-
venence of travelling eight hundred thousand miles,
II you pass this amendment because the necessity would
not exist and the result would be- you would have court
sitting permanently at San Francisco, with your mgra.
tory commissioners, clerks, and magistrates employed 10
take this testimony which is TO bind and settle the titles
TO land in that country do not think the proposition
Mr. DAWSON. | suggest to the senator from Califor.
MIA TO postpone the further consideration Of this subject
Tor the purpose OF introducing section in lieu OF the
present one, which shall change the manner OF taking
testimony, and requiring the board OF commissioners 10
sit in various parts Of the State.
Mr.. PRATT. That is the law now.
MIR. WELLER. beg pardon OF the senator from
Maryland, there is no such law.
Mr.. GWlN. 1t is made the duty Of the President Of
the United States TO order this board from point point
When the original bill was under consideration moved
10 strike out the points which bad been inserted The
honorable senator from Missouri [Mr Benionl proposed
to designate certain points districts in California by
name-ten in number-and to make 1t imperative upon
the board TO sit at each OF them but said at the
tme that confident the President would order them
to these points. When they came TO act, however II was
OF The disturbances that existed there, and they sta
toned themselves at one place.
| Mr.. DAWSON My object was to induce convenience
and certainty in the adjudication Of these claims, when
made the suggestion 10 the senator from California TO
postpone the further consideration OF this subec and
that only be done by dividing the State into Districts
and ordering the commissioners 10 go in circuit
weeks, or days, in each place. Then the witnesses
can all be convened before the board This thing
of introducing testimony by way OF inteuogaoues
hed is an innovation upon established rules, and 1t rs
very often deceptive, and leads into The
that this section introduced into the original bull
two years since hs-Ca ornia settled by pop
uslion whose language did not understand. Before
went there did not understand their character
We knew very well that il would not do TO have tesh-
mdny taken before an alkadea who did not under
stand the English language and who could not translate
word OF the Spanish language into English. The sole
object in view have the United States represented
by commissioners and the mind OF the Senate settled
down upon this idea OF board OF commissioners, who
were supposed to be competent persons, who would
derstand the language IN some degree and having The
witnesses before them, by various questions propounded
III, he redt Ia he