Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-07-30


olutions in favor Of dissolvng the Injunction and
abandoning the suit prosecuted by the United
states against the persons, chiefly foreigners
Englishmen and Mexicans-in possession of the
New Almaden quicksilver mine These resolu-
tons were presented to the President by the SEN
ators and Representatives of the State Of Caifor-
MIA, and by him were referred to the Attorney
General, who has rePoefed strongly, against the
application.
In his report, Attorney General Black gives a
history OF the legal proceedings in defense of the
title Of the United States to the quicksilver mines
OF New Almaden, and the unsuccessful efforts of
the company to get rid of the Injunction He
then proceeds to assign reasons why the President
should not interfere with judicial proceedings in
| behalf Of the parties In possession of the mines
He says: 0#.....
You win certainly concur with me In the
opinion that II the title of the parties In possess
| sion be mere fabrication falsely set up bv them
| for the purpose OF defrsuding the Government the
| Injunction ought to stand; and that all legal and
| proper means should be used to prevent them from
| converting any more Of the public property to
| their own use That Is proposition which adj
| mits of no discussion. The enormous sums which
these parties have already got is surely enough to
satisfy all the demands Of their title If il he SIM
| rious and dishonest. An act Of Congress was
passed two years ago, which makes the prosecu-
uon OF such a claim criminal offense, punish
Il
they are guilty Of this oense and ESCAPE its legal
| penalty with eight millions of dollars in their
pockets, 1t can hardly be said that the Govern
| nent IS much in their debt. | make this observa
| uon' alphabetically, and in the sublunctjye for
| the purpose simply of showing that the question
| OF title, which Is Ignored by the clai mants and
Waved as ming OF no consequence by the legis-
lature, Is, In truth and In fact, the very central
point OF the case upon which this application
must turn as upon pivot But while / make no
aeGnsauon against them, | am convinced that you
consider fo
present condition of the evidence that the title Is
fraudulent. For this opinion have the follow.
| ing reasons
1. The claim of CastiIlero. his associates and
successors, ever since IL first Investigated bv
my predecessor, has always been regarded in this
ONCE a. one OF the most corrupt of the bad class TO
winch IL belongs. This IL not proof to be sure
aud perhaps, in the court having cognizance Of
the subject matter, 1t would be entitled 10 no
weight at all. But with you, the Chief Executive
ol inc nation, tne opinion Of the proper legal de-
pdiuheht must nave strong, II not decisive
influence "
2. The effort of the parties, their agents and
friends TO sink the question Of title, Is strong
moral circumstance against them III they conjS
stand upon the high ground of right and iustice
IL cannot be believed for a moment that tbsy
would abandon such a position, and come down
to the pretense of desiring to work the mine for
the purpose Of reducing the Quic ksilyer market
Santa Clara
3. Their coming here with a resolution of tb.
legislature In their hands instead Of going TO tue
court having jurisdiction Of the subject where
their title would be fully INVESTIGATED and the
justice OF II vindicated If there be Justice i'm it, is
another fact tending to bring the mind 10 a ,imi
lar conclusion. IL their claim is a good one they
might have had a final decree in their favor and
that would have dissolved the Injunction. long
ago The Government has been ready to dispose
OF the case for years all the DELAY has been caused
oy themselves They mig hit have been trying the
cause In a proper way, and before the proper To-
ru, even now, while they are here making this
a. The Circuit Court, whose ability and impar.
TALLY Is not questioned by either party. or nv
1ooy eIss mas twice patiently investg gated the
whole OF this case, examined the evidence heard
the arguments OF counsel, and decided against the
claimants. IL is true, that their decree Is not con-
elusive upon the petition Of Castillero but il is
conclusive Tor all the purposes Of this application
IL may be reversed hereafter; but an apreaI rom
II does not lie to the President of the TTnisd
states, and you have no just authority TO set in
aside by any action OF yours, direct or Indirect
3. But II is not the naked osinIon of this ofica
nor the behavior OF the parties showing their
consciousness OF bad title nor even the decision
OF the circuit Court, that you have to rely upon
These things would be sufficient but these are
not all The evidence shows the Court 10 be
right The testimony which the claimants have
fouuceu Is hO' only unsatisfactory, but some of
II, al least, las you will see by Judge Hofnanjs
oplnlon) was known by themselves to be false al
the time they attempted 10 use H. Even ~ a.
Were all uue, II would not prove them TO have a
uue valid according TO the laws usages and
customs OF Mexico, one which this govern
Inent Is at all bound to protect But none of
thelr written papers is believed to be genuine;
not one Inc evidence that they are fabricated
IS irresistible and overwhelming The Me,ican
commissioners officially assured ours when the
treaty was made in 1913, that no record OF title
Ike this was to be found I'm the archives NJ that
government, where IL would most surely have
been II 1t had existed at that time Moreover
the correspondence Of these parties with one an
otuet, dated years subsequent 10 the conquest
mas fallen Into the hands Of our officers and IL
contains revelations In their own handwriting of
conspiracy TO get this very title fraudulentlv
made The whole plan Is developed; how Cas-
uIlefo was 10 be sent to Mexico; how he was
there to get the documents which were needed
describing the lands by specified boundaries and
mentioning the false dates that were TO be insert
eoi low ne was 10 have them placed In proper
governmental custody; and how he was To yet
them afterwards certified, as if they were Gen
uine. AT period still later one of them writing
70 another; dePiores what he calls the ssunfortu-
nate rreguiarity' Of their title and ex presses his
fear Of heavy loss ''if II should unfortunately
leak out that In fact all the documents uroeurrd
oy Casullero In Mexico as his title to the mine
and lands were all obtained long after the occu-
patton or California by the Americans
In respect to the effort of the claimants TO estab
ilsh their title by the oaths Of sundry Mexican
witnesses, the Attorney General saws;
" An attempt has been made TO prove that not-
withstandlng these fatal admissions of the pares
themselves their tile papers Were really made out
at Mexico IN the proper way and at the rio ht time
For this purpose several Mexican witnesses vere
brought to San Francisco and sworn in the csss
l VIII not stop now to discuss their credibiIity
further than to say that they have not the cbarac
Ter, and do not belong to the class OF men in
whom we can safely repose confidence when they
swear to land grant. Courts Of justice act upon
pfesumPuons Of fact, and such presumptions must
always depend on experience in similar cases, II
Is contrary to all human experience that men of
business should make arrangements for the faint
cano9 OF nue P:pers to an estate which they
already held by genuine title precisely similar.
IL Is equally out of the common course of tbings
for such persons to confess their title ante dated
ana false when they are conscious that the fact n
otherwise But II corresponds exactly with our
special experience In such cases to ind Mexican
oheials certifying and swearing false titles to be
genuine . ~ '0
The Attorney General also thinks that II This
| Immensely valuable property is to be given away.
| II would be as well to bestow II upon our own
citizens rather than upon foreigners who have
| insulted and defed the government, of the United
states. He says:
:" II this rich mine is 70 be given away, what
reason can be assigned for bestowiny il on these
men In PARTICULAR They are foreigners WIN
| should American citizens be excluded from III,