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

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Mr.. WELLER. 1 confess | have not been able 10 dis
cover The force OF the objection OF the honorable senator
from Maryland, Mr. PRATr,1 unless II be admitted thal
man IS much apt 10 commit perjary in State
than IN federal court cannot discover that there is
any oree in the senator's objections unless be admitted
that this board OF commissioners. being federal officers,
nave The power to administer an oath IN such way that
man would not be apt TO commit perjury as II II was
administered BY OF the State judges. What is there
IN this provision II simply proposes that this testimony
which is TO be introduced before the board OF land COM
soners shall be taken under oaihthat all the soemnl-
ues which the law usually imposes upon human tesll-
mony shall be imposed by the board OF commissioners
called upon to adjudlcate these claims Under the old
law there rs provision that testimony shall be taken be-
lore the board OF commissioners, or some member there
Of III the presence OF the law agent The effect of that
was, that you could only have deposition at time
because tha law agent-ihere being but one OF them
waa comFtr to be present at the taking OF all ibis
tmony and, to my personal knowledge, ten and even
fifteen days have been consumed in taking single
deposition. II they were to 60 In this way under
that law, venture 10 say IT would take at least fifteen
years TO pass upon all the land titles which have already
been presented 20 the board The object, therefore. OF
this amendmeHt which Is proposed by the Committee
Public Lands simply to authorize the taking Of testmo-
ny before any tribunal authorized by the laws OF the State
OF California 10 administer oulhs The law provides that
the lawagen or assistant law agent, after you
under this bin shall be present the taking OF these
depositoDs; and that in the discretion OF the board Of
commissioners, of the clerks may be authorized to
pernend thetakng OF that testimony What is the objec
ton TO that If this bill passes, there is law agent and
assistant awage and there already five clerks
Any one of these clerks may be depnzed by the board
OF commissioners to attend before any commissioner
horlzed to take testimony in any portion OF that State
Now, appehend that these land commissioners. look
ing the interests of the general government, will take
10 send law-agent assistant law agent,
competent person. take the testimony whenever tes
mony TO be taken that is material in the adjudication
of q claim. Suppose claim presented in the county
OF San Dego-and there are many OF them thee-an ex-
reme southern county, in portion OF the State which
is ant eight hundred miles from San Francisco, where
the board of commissioners may be supposed to be sit
ling; suppose there witnesses in that section of the
State whose testimony is Important only 10 prove the pos
session OF the property by the CLAIMANT or to prove some
other matter which is not very material TO the title
that witness may be old or infrm person whom it is
utterly impossible for the claimant to get TO the city Of
San Francisco where the land commissioners in
sion He must, therefore, be necessarily deprived OF his
testimony Is there no injustice IN that II there be an
oihcer IN that portion OF Callforna-San Diego county
who is authorized TO administer oath, where the i'm
propety in filing interogaores and cross lnieogaores,
and ordering the testimony TO be taken!
The senator from Maryland Mr. PRATT says the
object OF the law was 10 guard against perjury. You
can guard against that as well by requiring the party
to swear before the local authorities as before your
federal Judges; and | know that all the profession
who have been engaged in the transaction OF this busi-
ness in San Francisco have petioned for this very
amendment which is now proposed by the Committee on
Public Lands. have seen a memorial myself, signed
by every OF the counsel engaged in the prose-
cuon OF these claims before the board OF land commits
soners, and the awage all calling upon the govern
ment amend this law make the act OF 1851
practicable one. say again, from my own knowledge
OF The transaction OF business before that board unless
this amendment be made to the law and you continue
to take the deposons under the act Of 1851, fifteen
twenty years will be necessarily consumed in the ADJUST
ment of these land claims. hold, OF course that il is
the interest only OF the federal government but OF the
State government that all questions connected with the
tile to the public lands in California should be settled
speedily possible II is 10 the interest OF the govern
ment, well as OF the grants who daily settling
upon these lands which may be owned by private claim
ants, that these questions should be settled X is there.
fore order facilitate the settling OF the lands that the
amendment is proposed. The object is to have these
questions decided at and becomes necessary,
order 10 do to authorize the deposons 10 be taken
in other way than that provided by the old law
slr GWlN. Mr.. President, am not opposed to this
proposition, but think IT is proper that should state
why the old law was passed in the form in which 1t
II was expected when the old law passed, that this
board OF commissioners would go through the country
and 20 where these land claims were but the first thing
they did when they got TO California decide that
they were to stay in San Francisco-that nasmuch as
the government bad not made provision TO pay the ex.
penses of moving from point 10 point they would remain
there There have been delegations from the State who
have applied TO the Secretary OF the Interior 10 order
them 10 20 from point to point they should have done
from the rst IL originally proposed by the senator
from Missouri tMr. Benton,) now no longer member
OF this body that they should be required do this thing
bat looked upon 1t as so much matter OF course that
they would 20 through the country where these claims
were, and adludcaie them 10 the neghborhoods where
they existed iha, opposed MIR. Benon's amendment
thought il impossible that they should come 10 any
other conclusion but II seems they did, and II with
great difficulty that could get order to instruct
them TO go from part ot the country to another.
Now for this board OF commissioners 90 and attend
TO the claims that exist the different parts OF the Stale
that is to say in San Diego Los Angeles Santa Barbara,
Monterey, San Jose, Sonoma, and other pas-for them
go these different places 10 take testimony and act
upon these claims would be TO require additional parties
TO take the testimony and that the object of the
original bill. But it ascerained, upon experiment
IN California, that II very difficult to do These
papers very imperfect and II is difficult for board
TO move about with the facility which supposed
they would and hence | am IN favor oil increasing the
number of officers OF the board who shall be authorized
10 take testimony But | am entirely opposed to any
cpnsirucon Of the original bill that will release the
board from going from part Of the State to the other
As my colleague has stated, a number OF members Of
the bar at San Francisco have peitoned 10 have this
amendment adopted. Now, there two sides TO that
question Some require that they should sit all the time
San Francisco because there they get the practice but
when II goes from end OF the Stale to the other it
would relieve the difficulty in great degree that the
board labor under In staying ia San Francisco Athe same
time, am n favor OF extending The power TO the other par
ties IN taking testimony shall not by any means, there
FORE oppose the amendment but thought proper 10
plain why there limitation IN theoglnal law. twas
inserted with the understanding that the board OF
mlssioners would go from point TO point in the State,
which would not have rendered II necessary TO adopt
such a provision as this.
Mr.. PRATT II is my misfortune, perhaps, in the
course OF the remarks Dade not TO be understood by
honorable friend from California, MIR WELLrR will
again endeavor therefore, TO make myself understood
The original bill attempted to protect the United States by
two first, by providing that all the examinations
OF witnesses should be taken before board Of commits
soners appointed by the United States second, that
the examinations should be conducted by law officer of
this government Now, the proposition upon your table
10 which object annus all these safeguards OF protection
which were ia around the United States by the org-
A. ID ..l