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

an sure the from Cao; MIA Mr.. GwIN,l
from the suggestion he made is n favor OF this proposi
uon-lo make commissioners 20 about from place TO
place where their services needed III you have 10
increase Their salaries, and pay their travelling expenses
70 make Them go IRON point TO point and SIT from time
10 tme as II may be necessary, you appeal the
proper authorities oil the government oil the United States
or an appropriation; and, In justice TO ourselves. we
snail not relax any rule by which investigation is be
obtained. We should endeavor 10 get at The truth, and
The plan proposed IN this amendment the manner Of
taking testimony TO be an Inefficient and
very lax There are no questions half SO important
TO the Union as the questions which will arise in Cali
lorna. The claims 10 millions OF acres will be sub.
mued BY private claimants to those commissioners for
adjudication and, in my opinion the better plan is
have the business carried on in such manner that
mpuaiions can be cast and so that when the decisions
are gwen all classes will be satisfied repeat that it
had better be postponed until Tomorrow, and will be
willing TO take i up at any moment that the honorable
Mr.. WELLER Mr. President I cannot see what will
be gained by posponng the consideration OF this sutect
until tomorrow nor Bee why the testimony given
before a land commissioner should be strongly
marked with truth than If given before other
person. My friend from Georgia Mr. DAwsoNl assumes
lhs position, that these land commissioners understand
the Spanish language. Why, sir they know nothing OF
the Spanish language grant you, however, that
they ought 10 understand IL but believe OF the
three eommlssoners even know anything Of the civil
law unless they have picked up little knowledge OF it
since their appointment as land commissioners.
They were all lawyers. and all OF us know
that those who educated common-law lawyers
generally know very little Of the civil laws and large
portion OF the testimony which is given there
under the civil law is in the Spanish language, and all Of
the original papers are also in the Spanish language.
Now, sir, grant you, if those commissioners thor
oughy understood the Spanish language, when hearing
witness testify in that language before them, they
would be better enabled to get the truth of the
than person would could be who is entirely ignorant
OF that language But in this particular case there
locs N Inc argument. ioI s rsaso that the land com
Mr. President be the desire of the Senate postpone
the consideration OF this matter until future day;
and should any desire it because he wishes 10
examine the subject before being called upon vote
should not hesitate to give my consent TO il but do
confess that am oitentmes very much inclined to doubt
the friendship OF the honorable senator from Georgia.
Mr.. DAWSON SO far as California is concerned. am
very much inclined to doubt his liberaly towards the
State OF California; therefore, upon his request alone,
could not consent 10 lay it over.
MIR. DAWSON. Mr. President, If the gentleman will
allow me moment, will say am very sorry learn
that the doubts my hberay | am sure that no
is disposed TO be liberal than myself But we
may extend lberaliiy too far; and what has been
our lberay TO his own good State! We have granted
whole public domain. the whole Of the gold mines and
still they are not satisfied. We have not limited
strained them by OF the laws Of the United States
We have passed laws for their special benefit and
| have voted Tor great many OF them; but when we
are called upon 10 vote in violation Of principle for
system that takes away the rights Of portion OF the
citizens OF the United States and lavses them upon
other portion feel bound TO inerpose. But as to my
ibeIaity, think the senator ought not to entertain
Mr.. WELLER | should be very sorry, at this late
hour Of the day. e enter into discussion the bsr
ay OF Congress and the executive branch OF the govern
men towards California But say that there has been
no Stale IN this Union shamefully neglected than
the State OF California Ii true, there has some times
been lberay upon the part of Congress- but whenever
there has been lberay manifested here the conduct OF
the executive department of the government has been
such as TO destroy all the benefit OF that iberality
Why sir, nearly two years ago Congress made ap-
preparation for the construction and erection OF light
houses upon the Pacific coast and dollar has been
yet expended by the executive department Of the govern
carry on that work II was only three or four
weeks ago that for the first tme contract was entered
into for The construction of those houses And yet
The senator from Georgia Mr. DAwsosl asserts that the
federal government has been extremely liberal 10 the
pie OF the Stale OF California! Sir, you have done MOTH
ing towards custom houses and you are collecting
more than three million dollars per annum for and
supplies sent there 10 protect the upon that
coast while you not willing TO furnish q custom
house, or even a marine hospital
Sir the people Of California have been left TO defend
themselves against the bosties of the Indians. You
have bad as many eight stationed at the mouth OF
the ella river 10 afford protection to the great body Of
emgrans, settlers, and miners there; and tns is what
The senator from Georgia considers extreme beray.
Now, confess that, although my friend from Georgia
has great appearance o candor and OF lberay lar
as California is concerned yet have not found, when
we come 10 act that senator liberal 10 the State which
~ part represent say this with all Difference, and
with proper respect for have no doubt the senator
rom Georgia MT DAwsosl thinks he is doing what his
duty TO his constituency requires but at proper time
will endeavor TO demonstrate that there is people
within the limits OF the United States that have been
shameluly treated not only by the legislative bu, by the
executive branch OF the government the people OF
California. II not able TO demonstrate that at the
proper time, will admit that have been aboring under
gross delusion.
MIR. PRATT. There is legal question in connexion
with this, which wish TO submit TO the consideration OF
the Senate. What power has the government OF the
United States TO impose obligation upon the State
authorities TO take testimony in to be used the
United States courtsi
Mr.. WELLER. | grant you that the general govern
meni cannot compel the State authorities to take such
Testimony; but they may authorize il 10 be done, and
when the State authorities, thus authorized take that
testimony, apprehend that il will be legal But agree
that the federal government has not the power order
The State government to take these dcpositions.
Mr. PRATT Here, then, Mr.. President, NIGH, be the
result They to magistrate who may be in favor OF
the claims IN his own State, and against claims by the
United States within its limits He will take testimony
to-day In favor OF claimants OF his State; and when
opposing testimony, the admits that cannot
compel him to take that testimony. do not know ,ha,
il is unexamped; but it is the practice in my State
for the State officers to take testimony TO be used in the
federal courts IL is taken before federal othcerscom-
missoners appointed 10 take testimony am not OF
any which the local authorities take testimony
be used in the federal Ii is taken before federal
authorities and is quite necessary that IL should be,
because, IA the admits that impose
upon the State authorities the obligation to take that esii-
moDy, they may take testimony upon side and refuse
TO take such testimony may be desired by the United
States government The result OF the provision in that
aspect would be unquestonably deeterious 10 the inter.
esls OF the government.
Mr. BAYARD. | have some difficulty in voting this
fifth section, before the Senate, owing TO what I
consider its obscuriiy though il may arise from my not
understanding ts entire object and the senator from Cal
hp hla tn