The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-07
xAD 0ARD1NDN 0AnD.
CRIMINAL COURT FOR THE DISTRICT or
COLUMBIA.

TWENTY-FIRsT DAY-Tksssuv, Asvl s.
The argument On the question raised By the lie
tenoe yesterday was resumed this morning by
Mr.. Feadan. vho read long case from Adolf
plus and Elfis's Reports, 206 266; after which be
stated that the United States proposed to show BY
psacOctng lawyer Of Mexico what the practice
in regard to mines was in San Luis PotOsi. and
what the duties of projects we're, which knowledge
he had acquired not only from his study Of the Law
buSabo from his practics ~ project.
Mr.. knDIN, one of the counsel who argued the
Kosciusko case in the Supreme Court stated on the
request OF the judge. what its decision was, and
referred to the mandate and 10 the deposition of
Leopold DoFilers At pages Is and l6 of the printed
Of the decision Of the Supreme Court on the oues
ton under consideration.
The CouRr. The law formerly was very rigid
In its requir ements to proof Of the laws of TO-
reign countries. 1t has latterly been less 90. The
modern decsions have admitted parol proof of
soch laws. The Sussex peernge case and the Ba J..
ron de bode's case are authorities for its admis-
sion. In llth Clark & Finelly's Rep lls, the
witness, the celebrated DR.. Wiseman, proved the
contents OF the decree Of the Council OF Trent,
well a. its construction. De Bode's Is stil
stronger. Here the witness on the stand ID keritus
putute o6icsi, and professionally skilled too. In
the cases referred to the evidence admitted went
to the statute law, and the DEGREES. decisions. or
adJodicatons on it; that 10, the witness stated
what the ioso altogether was In France. How could
he intehgently state what decisions had been made
on particular statute, without stating, with more
or less precision, what the statute itself contained
The Impression had when this discussion
entered upon 10 not changed. | am of opinion
that the evidence offered is admissible.
Examination of Axs~stine Aguslar, resumed
Mr.. MAY You were inquired of Yesterday IA to
the duty of the project with respect 20 the list of
mines recorded in his office Ask him to state
what that list ia?
Ans He said yesterday that he had spoken of
the notices that exist in the preectures of the State
OF San Luis Potosi in respect to mines and he was
10 the same that ia now asked him. In the prefec
ture there are received periodical notices. or re-
ports Of the -preectures, in which are express
60 IN separate tables the population, the number
OF schools the hospitals, and the number Of minng
places and mines, existing in each sub prefecture;
and the project, soon be received these tables
rom the sub project, arranges them under cover,
which has for its title, Statistical Accounts" of
such or such departments; and W hen the occasion
arrives which the obligation imposes upon him to
give the government statistical account OF the
prefecture under ms charge, he takes out all the
tables framed by the sub-prefects He frames on
his part, tables of all the departments under his
charge, and sends them to the general govern
ment. Consequently, there remains in the ar
chives OF his department the original tables re
mitted TO him by the sub-prefecfs which tables
form collection of statistical accounts; among
which, naturally is found information or notices Of
mines 70 Which he referred yesterday, without its
oelng understood; on this account that the pre-
feet may have book in which is specially put
down any list Of mines, because he has not apy
other documents than those to which he has lust
referred.
CUES. Then understand him to saw that tho
projects keep no register of mines, or denounce.
ment of mines?
Ans. Certainly not.
Ques And the only record to be found in the
prefects office is merely notice or statistical in
formation Of the existence of the mine?
Ans So, generally, that in the mining town of
Guaaaicazar ana Cardenas, where is taken out
MIR. BRADLEY. Weare not getting an answer to
the question.
MIR. MAY. We have named these places merely
as an example OF the kind of information that ex
ists.
Mr. BRADLEY. How do these towns ppear in the
register OF the projects office? We do not know
any thing about them; they are not in question
Mr. MAY. Ask the witness to look at that paper
the mining title) and say whether, according to
the plan of the subprefects of San Luis Potosi Il is
one Oh nose papers which have been, according to
tound OF record in the Office of the prefect?
ans de VIII not answer; but the law to which
ne referred yesterday will answer, which is the
fourth article, title sixth, Of the mining ordnances
According to that it is seen very well that tbese
papers are limitations of announcement of a
mineIan Imitation which infringes the came law.
ano aleo tne practice constantly received in min
ing business; and by no means could it be found in
the archives of project
Mr.. BRADLEY. Do we understand him TO refuse
TO answer the question?
Ans. He said be did not ref,se To .nswsr ,bs
question; but be wished 10 give il more VALIDITY
rather by giving the law than his own opinion:
not answering the question by his opinion, but BY
his opinion.
Mr.. BRADLEY, Quoting what the witness had
previously said? Ia not that an opinion?
MI "Af, NO; II Is an Interpretation of the
law Ask the witness if that paper is such as
would be sent by sub.prefect to projects Office
for statistical information?
mr.: bnADLsY ! would like to know if that
Mr. MAY Certainly. 1t ID the same question
as whether paper like that would be likely to be
sent for statistical information.
The CoURr. The question ia wbstbsr ,,dsr
filed there? ~
Mr. CARLISLE: 1t is more than that 1t ia whe
Their this ia such paper as one of these commits
sioners would send 10 the protects Office.
Mr. MAY. The particular object lie to show that
this paper could not have come from the prefect.s
omce-tnat II ID a violation OF the Mexican law in
bringing paper here alleging it to have come
from the projects Office when it could not by law
come from such an Office. Ask the witness whe
Their the practice of the project 10 to receive sncb
papers or registrations?
-ans II ID not the custom of the prefectures of
San Luis Potos to receive any paper like this,
and he believes that none such will be found in
the Office.
CUES. Does he give that opinion under the law,
as lawyer-whethe. under the law such paper
could be received in any office?
San Luis Potos, the party offering such papers
would be Immediately put in prison. fined and
subject to trial for forgery.
Mr.. CARLISLE Fined, imprisoned, and then
tried! Is that the mode Of doing business in
Mexico? Rather a reversion of the natural order
of things. should think
Mr.. MAY. Ask him to examine the certificate
OF Governor Reyes and Secretary Guzman, and
say whether that certificate is such as ia used un-
der he laws OF Mexico by the governor of the
State OF San Luis Potos?
Ans He says this certificate ia false II ia not
such as the governor of San Luis Potosi is accus
toned to use in the certidcations he gives; that in
Mexico, as general thing certi6cations are made
by means of notaries public, and by no means
and in case by the governors of States, except
when it is in regard to the signatures of their
secretaries.
cues. (Referring the witness to the mining
title Is that case in which the signature OF the
Secretary OF State is concerned
Mr.. BRADLEY objected; and, after some aiterca-
ton. tbs question was put in the following form:
Mr.. MAY, When paper has to go to a foreign
country which paper requires the signature of the
governor, how is that signature obtained? How 10
his signature to be authenticated according to law?
-Aas. In such case the Secretary of State or Min
lister of Foreign Affairs certi6es that the signature
of such governor 10 legitimate--the same that be
uses in all bis business official and private; this
certificate s then presented to the envoy extraor-
binary or minister, whoever be may be, represent