The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-05

William Mc6nfranan mas MS uctenuett.
30 had George A. Gardner many years ago,
md the newspaper articles Of to-day which
attempt TO prove McGarrahan q very limo
cent and badly abused individual, read very |
much like those which attempted the same
good office for Gardner. Having already |
published history Of the claim; the opin-
ions Of California and other newspapers
upon II; and having shown the utter worth |
lessness Of the evidence upon which Nc
Garahan relies for success, We propose here
to give this claimant the benefit Of what his
say for him, and at the same time
to show by record evidence, and by the tcs-
timony Of Senators Ferry and Williams and
others, that he stands upon utterly untonable
ground. We are told In recent newspaper
article that
at certainly must be discouraging TO him
(McGarrahan) to witness such wantou as
saults as these upon his integrity Of charac-
ter and the validity Of his claim, In face OF
the accumulated testimony he has furnished,
firmly establishing his own integrity, and
thoroughly impcaching that Of his advsrsa-
ries."
The assaults referred to are newspaper
articles attacking the claim. Now let us sec
about tho validity Of McGarrahsu'sclaim and
his integrity Of character. In his argument
against the claim, Mr.. Titan J. Coffey uses
this language:
1--WE deny that Mc3srrshsn 10 In any sense,
bought Tor = small price, on ths 71d December,
1851, whilst the land was In ntig alton, and at
the very time when Ord, whose title u reoos.
upon upon II he eo S The low price " ne
paid for q tract OF three or four leagues, known
to contain valuable minerals, raises strong
kiriy obtained; for IL the decree were honest,
the judicial opinion OF the validity OF the title
would greatly increase the market value Of
aBssides, Meciarr.hsn actually represents
the interest Of Ord, and In ooncedinE the
equity Of one you eoneeds the equity Of the
S Ssss.S He S BE- Sas KIP S @ 1 S. S 2
Rep. 49, and stands In ord's place. Their
equities are equal for the gross misconduct
Of Ord has been quite equslled BY Meosrrs.
tions to obtain title secretly and irregularly,
rather than by frank and msnly contest In
awe deny that maneau sequirs any equity
~ against his antagonist Ia q legal contest 10
which he has been defeated, and 10 which he
was but speeulatipg volunteer"
Again We are told that
Inc CiAlm mas bctu CNIlcu -hWlnult, hUu
yet II has passed tn rough several courts, proof
against the severest and most threatening
tests that experienced legal triekery and in.
genuity could devise"
To eontrovert this statement fully and COM
pletely, we put Senators Williams and Ferry
on the stand. These distinguished Senators
In their elaborate report, submitted In Feb.
ruary last, say on page 8 aud Of the said re.
port;
Z" Reliance, however, Is chiefly placed b.
MeGsrrshan upon the judicial and executive
| decisions, made In favor Of his claim, and It Il
| cisions have been made In his favor, when The
fact 10 that not court Officer Of he govern
msni has ever affirmed the validity Of hi. titls
OF Commissioners and the Supre ne Court, tn,
| only two tribunals In which the Law and evi
dence applicable In the case were examined
have rejected It ~ void and worthless"
The report then quotes from the proceed
ings of the Board OF Commissioner tn,
Mexican regulations OF 1928; tho opinion
Of Judges ogier and Haight, Of California
the opinion of Justice Wayne, Of tho U.
Supreme Court, (23 Howard, page $50 y an
that of Justice Clifford, (1st. Wallace, pag
7OO.) Citations are also made from Wal
lace, 767, and the report then sums up OIL
this point as follows:
"Cousideriug tn at every court and judge befor
whom this claim was ever brought hare de
nouaced u, as Indicated In the foregoing eKtIact
from their opinions, It 10 q little IemarkAbl
TIA, Ss aGass TsRSi .s1nid ssy .h sS h
| OF the courts that MeGarrAhan was the legs
owner OF the rancho Panoohe drande"
There is other evidence, but the para
graphs quoted are ample to convince an.
unprej udiced mind that the statement tina
the claim "has passed through sewers
courts" has not shadow Of foundation |
fact, and this statement, In view Of the pos
tive proof TO the contrary, only shows th
desperate strait to which McGarra han |
driven In his efforts to folst this fraud upo
the country.
But not content with this misrepresenta
ton Of judicial action, we are told that th
validity Of the claim twas recognized
two succeeding Secretaries Of the Interio
and by President Lincoln HIMSELF all thr'
Of whom, In their respective turns, dlreete
Its allowance"
The report already referred to also con
. pletcly dlsposes of this assertion, as will a.
t pear from the following extract;
"Muoh IL said about Sne decisions OF Seer
taries Smith and Usher, and they are call'
combinations OF this claim. II appears tn
the Commissioner OF the 9eneral Land one
was Of the opinion that Mcdarrahae WAS NJ
entitled to \ patent, and Secretary smith ",
appealed TO upon the subject, and gave hi
opinion, not that the claim OF McdNrsha
; was right or just, but that the decision OF u
= district court had become hnAl and tho depAr
ment could not go behind ".
"He says In so many worls, the suggt
tions Of fraud In the grant and in the mann,
of;pr'euring Its confirmation arc p" sdud
This was In December. 1901. and Usher, u
l. successor Of smith, simply Aequiesced In u
VIEWS o. his predeesss1s 70 March nsSd ,sot n
D Supreme Court at these dates, and both Sc
+. retarlss evidently thought that the judicl
S o%sSsf' tS.t tSe.s Ht sscrstsiie. hsid that {
c ciS.iys upon nj The sxscutiys depsrsnsnt. "
s That department must then hold, aeeordi
to the judgment OF the court OF last reso
that the claim OF MeGArrAhan 10 void a.
worthless. 1t Is Incredible that any weiy
A should be given to the opinions Of exeeut'
0 Ion OF q district court, when that Identical
n eision has been reversed and set aside BY u
Il supreme Court; Nine judges Of the SuPfeu
: nsnt counsel In the country, hsve ua1r
mously decided that the claim OF MoGArrahi
was gfoundles' and void, while one Judge o.
hons.t s St I'G sad Without any sa.aIn
ton OF the merits, as he says, has given Jud
ment In favor Of Its validity. Diyested OF
+ rubbish, this 10 tie way the judicisl contI
yersy 10 this case stands before Congress.
"Two Attorneys General, distinguished
= their profession and thoroughly versed In
: history and law OF OaliforniA land litigatit
pronounce the claim Of McGarrAhan wor
less upon Its meritsi while two SecretAries
the Interior give opinions In Its favor, found
) upon the decision Of district Judge, obtain
0 BY fraud, and Afterwards reversed BY an app
late tribunal. This 10 the way the exeouti
authorities 10 this case stand before DC
gTeas.
president Lincoin's name has been drA,
into this controversy. One Of the parties
4 terested with MeGAfTahAn, says, 10 9 letter
the House committee, dated July n, 1893, III
l In the spring OF 1854 Mr.. Lincoln ordered I
patent 70 Issue TO MoGArTAhAn, and thereup
A 1t was engrossed and signed, 70.
This stAtement 10 oontroyeIted d the as,
n oiAte Attorney General at thAt time, /
= party interested says he made his spplieati
u 10 1854, and the patent bears date the 18th
8 March, 1893, Moreover, at the time this
= plieAtion was made the case was pending In
U Supreme Court upon appeal, and the r1oti
!. to dismiss for want oil Jurisdiction was
Eued In February, ls6ti aud II would be Va
Q Strange for the President to order patent
Il Issue To party when his right thereto was
controversy before the supreme COURT, wis
II might be decided, as 1t was In this case, u
n he had no right to such patent"