The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-09

He does not refuse to answer the question, 6pt be
essts the form in which it j: pue because hs says,
What do you wish to know?''
mr. BRADLEY. | will read tho question a1ain,
IND the court Will cay whether It il plain one or
aot: Che question was read ~ given above.)
The CouRr. Nothing can be palmer. think
Ina TRANSLATOR. He understand the question
perfectly we'll
Mr.. MAY. Ask him to say simply whether there
% any such la prohibiting projects or SUBJ projects
rom making any such entries?
Ans There 10 such a prohibitory law; and such
an act would be an invasion of the judicial power
This imports judicial act, should the project no.
tice IT, and there 10 law prohibiting it.
Mr.. BRADLEY. Now ask him If he can tell us
where that law is to be found?
Ans That law can be found in the general con-
stitution of the Mexican republic, in the constiu
ton Of San Luis Potosi and the laws which desig
nate expressly the powers or attributes of the
projects, in the regulations which determine the
forms in which the business ia daily done by the
projects.
Mr.. CARLISLE. Then, according to this answer,
il all comes back to thishat the act 10 judicial in
it's nature, and consequently has to be done by
judicial officer and not by project.
Ans He says the act of recording by a project
would be judicial act, and that project has no
judicial functions.
Mr.. CARLISLE. Then all that he has said reduces
itself to the TACT that the matter inquired of is
Judicial act, and consequently it act forbidden
TO be done by any other than judicial officer.
A,s. Yes, that is so.
Cues And besides the general prohibition to
which be has referred, there is no special pro-
vision against project making such an entry?
Ans. He has not said 90; he says that besides this
general provision in regard to the exercise of ju.
dcial power, there is special law which prohibits
the entry by project in such case, and, in order
that his answer may be put down just be made
it, he will repeat it. The question that has been
made to him ia this Supposing that an individual
has denounced mine in a legal form. and has
received legitimate possession of that mine by
~,,~.,. ~ L.,
the project informing him of that fact is there
law which prohibits this project from registering
the information of that fact-rom preserving it in
his book a statistical data?
This is again the answer that he gives to it,
There is such law; and this act would be in
ringing on the judicial power. He ia asked where
the law ia to be found, and he answered. generally
in the constitution of Mexico, and particularly in
the constitution of San Luis Potosi and the re-
gulations which determine the forms in which
business shall be done in the offices of the pre-
fects
Mr.. CARLISLE. | understand the testimony of the
witness to day to be altogether in conformity with
his testimony overwhelmingly, that the act was
Tor bldd,n because it unconstitutional both in
regard to the provisions of the federal and the
State constitu tons; and understand him to ga v
that he declines distinctly to say whether, besides
this general principle which runs through the fed
era and State constitutions, there ia any other law
enjoining this prohibition. | understand him 10
ssy now that there could not, in the nature of
things, be law applicable to such particular
case
MIR. MAY. By his saying that there could be
no law applicable to this particular case under.
stand him to mean that there is no law especially
applicable to this case of Gardeners. We all know
that the law il general system of Jurisprudence,
and when the witness speaks of a law prohibiting
such line of conduct, be does not spea of any par
ticular statutary enactment, but of thing estab-
lished by all these different sources of authority
which he has referred. l have never understood
him for moment to say that there was any spe
cial act OF Congress, of the Legislature of San
Luis Potos respecting this rticular ques-
ton, but he speaks of law derived from certain
general and fixed principles
Mr.. CARLISLE. There can be no escape from the
point by ny ingenious device of this kind. The
witness was asked yesterday whether such a title
could be deposited in the projects office, and his
was that il could not be lydeposited in such
office. He was then asked ia it prohibited by any
law, and he gave in substance the answer he has
given to day: that it prohibited generally by
the terms OF the constitution, and because it would
be an infringement of the judicial authority He
rested, as 1t seemed to me, entirely on the differ
ence between the executive and the judicial autho-
rites. Now we have learned by our examination
to day what this Mexican judge and lawyer
CARDS as judicial act. If he rests upon what be
rested on yesterday-the distinction between the
executive and the judicial power-he il reduced to
the necessity OF maintaining that the simple fact
of preserving in any projects Office note, or
memorandum, or report-cal it what you please
is judicial act He said yesterday that he re
errcd himself entirely to the general principle,
beca use a particular like this could not be
provided for. l wish him therefore to answer cat
egoricay whether there is any la W forbidding this
act, whether be refers it to constitutional prin
ciples alone.
Mr., BRADLEY. Ask the witness if there ia any
law which expressly prevents the project of de-
partment from filing in his archives any docu-
ment communicating the fact that a new mine has
been discovered or denounced?
Ans. There ia no law which positively declares
that project shall not place in his archives paper
which may contain a announcement of mine.
CUES. Or paper communicating the fact that
a mine has been denounced and possession taken?
Ans. There ia no law which positively may say
that the projects may not place in their archives
paper which shall state that a mine has been de-
nounced.
CUES He has said that that copy of what is called
the "mining ttle,'' ought to be upon paper of the
first stamp Ask him if the only reason why he
says that ia, that the matter treated of relates to
sum of over $4,000?
Ans. That is the reason of the law
CUES What IL his reason for suPposing that this
matter was over $4,000?
Ans. When this question put to him two
days ago, he was about to answer, when he was
interrupted by being asked whether he was a law
yer on the part of the United States defending the
case on behalf nf the prosecution Ia laugh;j and
he desires to know now whether he may answer
the question without being placed in q ridiculous
position? 1t is a substantial and real question He
believes then, that the business referred to is of
uOic hah Niot Natuey Tic place, because IL
pretends to represent the announcement of a mine,
and mines generally have an inestimable value;
secondly, because this announcement, whatever
it ia pretended to be called, 10 united in one and
the same body with papers which pretend to be
certified by the alcaldes of Guadalcazar and of
Rio Verde, which refer to mining business, which
ia OF greater value than $4,000. He believes that
The value referred to in these papers they true,
could not be less than SOC, 900; and in the third
place, because. for his part, there IL no doubt
that the supposed announcement, and the investi.
cations that followed it, refer to and tn. same
he who appears the owner Of
the mine in the and in the other, js one and
the same person, namely, DR.. Gardiner, also when
the shafts mentioned in the announcement have
the same names referred to, contained in the
same deposition; and, finally, when he sees all
these papers are united to found claim by the
same DR.. Gardiner-this accumulation OF reasons
Is what produces in MS mind evidence of the truth
of what be bias spoken.
CUES. understood him to say that that paper
ought not TO De and could not DE legally recorded
How then there be any la W. or 10 there any law
Gaze?
,4ns He has already given the reason why this
document, il legal, ought to have been written
upon paper having upon it the eight-dollar stamp;
and, az subsidiary reason, ne would say that tne
fact of its not having the proper stamp would re-
suit in the nulity OF the paper itself by the opera
ton OF the Ier loci. Even if it had been Issued by
a competent tribunal, all it's validity, In conse-
quence Of the absence Of the proper stamp, fails,
and there only remains to collect the fine designa