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

subject until the exterior line be in some manner
cerlalned There application made here 10
surveys OF all the private land claims to be made when
ever they were presented 10 The board but The commit
lee thought there class OF which there should be
surveys and not OF The Others and they have therefore
confined the surveys 10 The where the private land
claim s within the immediate vicinity OF surveys which
are now progressing under the direction OF the surveyor
generals so that, when the survey of large tract
township oil land Is going on, and private claim is
found 10 e IA the vicinity application Is made before the
board by the diyidua the claim presented and the
exterior line ascertaned by the surveyor general; then
This is closed in upon the line in making the exterior
surveys II is true when the claim is finally adjudca
ted that this line OF exterior survey may not be found
to be the true line OF the grant as il shall finally be set
tied but will be perceived at once that the necessity
Tor something OF that kind ls manifest from this fact
that otherwise the surveys OF the public lands would be
continued acoss the private land claims Now, it would
cost more money TO continue them across the private land
claims lhan.o arrest them and make survey OF the
Tenor OF the private land claims, and then close in
The lines upon that exterior survey; aud that Is the
whole object OF this bill Il is not surprising that there
should be found difficulty, both 10 the private claimant
and the surveyor general carrying this survey under
these circumstances but limiting j, to this manner il is
believed will render less expensive than it would be
to pursue any other course. And it provides, as have
already remarked for the payment from the surveying
fund OF the public treasury only in those which
have mentioned 80 that large classes OF private land
Claims scattered over that country from end to the
other not in the immediate vicinity OF the surveys there,
will not OF course come within the provisions of the
law, and survey will not be required
There is another provision here in reference to the
appeals TO be taken from the decisions of this board OF com
mssioners IN private land claims 1t extends the time
Ihe object OF The provision IN that respect 10 simply TO
secure greater facility Tor the appeals TO be taken in these
cases, in order TO enable the parties TO up directly
requires action the part OF the board, in preparing
every case The papers necessary to take the appeal before
the court that it before the Supreme
Court OF the United States. The magnitude of these
claims is ascertaned be SUCH that large portion
OF them must be decided by the judicial tribunals Of the
country; and my own opinion is, that the greater the
facilities that afforded before the brought
the last resort The better will il be for the public interest
and for the interest of the claimants do not believe
they can be settled in any other manner.
There is also provision here which repeals portion
OF former law requiring the deragnment OF title to be
produced in all instances before the board. That pro-
vision is found 10 be matter OF very little consequence
in securing the rights OF the parties and OF the public
ana at the same time it was found to be great ncon
venence, and IN many instances involving an enormous
expense TO The claimants These are the main features OF
the bill as they are presented
Mr.. WELLER. There is another very important
amendment reported by the Committee Public Lands
execution of the law On the Sd OF March, 1851 an act
was passed providing for the taking OF testimony. That
act provides that testimony may be taken before the
beard, or before any member thereof That act gives 10
the board OF commissioners all the vitality they have;
and when attempts 10 point out the particular
which the testimony is TO be taken, it cannot OF course
be taken in aoy other manner Now, one amendment pro-
posed by the Committee upon Public Lands is that depo
s,ons may be taken upon inerogatories and cossiner
rogaores before any person who is authorized by the
laws OF the State OF California 10 administer oath
There is diversity OF opinion upon this subject There
persons who believe that under that law testi
mony could have been taken in this ways but the gem
eral opinion Of The profession and OF the board OF com
missoners themselves, has been that testimony could
only be taken before the board member thereof
Now, as serious Inconvenience resulting IRON that
practice, sometimes required eight or ten days to take
the deposition OF single witness; and otentimes the
witnesses living distant part OF the State, per-
haps old and nrn and the board sitting in San Francis
CO.. so that II was utterly impossible to bring them from
The remote parts in order 10 take The testimony. This
amendment obviates that difficulty by authorizing the
taking OF these deposons upon inerogatories IN any
portion OF the State before any person who IS authorized
by the laws OF the State 10 administer oath. II is OF
vast importance that that portion of the bill should be
passed. in order TO enable the board OF commissioners
facilitate The business OF adjudcating these claims.
No further amendments being offered, the bill was
ported TO The Senate The question being stated
curing in the amendments made in committee,
Mr.. GEYER asked TO have the last amendmen, re.
served
Mr. FELCH wished also TO have the sixth section, re.
ating TO the amount OF salary, reserved.
MIR, PRATT. Mr. President, there is section OF the
printed bill 10 which ask the attention Of my friends
from California II strikes me that would be extremely
nIudcious TO adopt the principle which is contained ~
this section This land either belongs TO the United
States Or 10 individuals he Original act It was pro
mony IN reference to the titles OF these puvale claimants
should only be taken before OF the commissioners
Now the bill proposes to alter that act BY having this
administer oath. II can be taken BY Iusticeo the
peace notary public, any else, upon u,enogaores
to be filed by the claimant Here them Is case, Mr..
President of valuable tract OF land which belongs 10
the United States, unless eongs TO one OF these phi
vate claimants The private claimant instead OF exanln-
ing and taking bis testimony, as the original bill provided
before these officers appointed by the United States,
authorized by this BILL il passes in its present shape 10
20 before justice OF the peace and he his inerroga
tories while the United States s not represented unless
il be by interrogatories al the time Then come the an
swers taken in this way before this magistrate, which
to determine the cout as to the evidence OF title to this
private claimant Now, apprehend great deal OF evil
may result from this course OF examination The United
States in nine OF ten, will not be represented at
ALL and il will be in the power OF the private claimant to
collect only such testimony as will be calculated 10 cor
rnborate bis own claim that the will be deter
mined without any nerrogaiories at all on the part OF
the United States, and without any examination IN regard
TO the credibiy OF witnesses, and the United States will
not be protected al all by the provision as u stands
therefore ask that the vote be taken separately that
section Of the bill
The PRESIDING OFFICER. The Chair will make
suggestion that there four five amendments, and
that the question be taken each in its orde so that
senators discuss the merits OF any one OF them 10 ITS
proper place.
The question was then taken on sections two three,
and four, being amendments reported by the committee
and agreed 10 in committee OF the whole; which were
concurred in.
The question was then stated on concuung In section
hye-being amendment reported BY the committee, as
follows
Andbe IL fpisT sn refed That the board OF commission
ers or and settling the said private land claims
NAV autboze and direct the clerks OF the said board to
taking OF deposops TO be used before the
said board whenever the law agent or assistant cannot az
tend akng thereoI The said board, upon the spp-
naton of INV claimant the law-avent this