Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-11-14
TIE NC GARRAH1N CASE.

The Washington correspondent of the
Philadelphia Press contains the following his
tory OF this case.
The correspondence between the President
and the late Secretary Cox regarding the con-
test between the McGarrahan and the New
indria Company turns attention once more to
this famous case. The testimony and argu-
ments in it before the courts and Congress
are voluminOus. The leading facts are that
McGarrahan bought Il Mexican land grant
after it was confirmed by the United States
Court for the Southern district Of California
in June, 1857; that this decree was confirmed
by the Supreme Court, but was not enforced
by the court below; that a mandamus was
applied for to compel observance; that Hon.
jeremiah S. Black, then the Attorney Gen
eral, refused to argue to mandamus, on the
ground that no appeal had been taken from
the court below, although subsequently 1t was
proved by the records OF his own office that
he had himself marked the appeal as filed
and dismissed. In 1862 McGarrahan, five
years having elapsed, had the decree Of the
court below made absolute, whereupon he
was allowed to have the tract surveyed by
United States Surveyors. He lodged the sur
vey i'll the Land Office and applied for pa
tent in conformity with 1t. Hon. Caleb Is.
Smith, Secretary of the Interior, after hear
ing arguments upon the demand, ordered a
patent to be made out. Shortly thereafter
his successor, Hon. Mr.. Usher, ordered &C.
argument of the case, after which he ordered,
on the 4th of March, 1861 patent to be
made out flor McGarrahan 1t appears re-
Gently, since the adjournment of Congress,
that SIR. Lincoln directed his private secre-
tary for signing land patents to sign said pa
tent and that he did sign. lie has re-
Gently made afiidayils OF this fact, and OF the
further fact that the unsigned patent shown
to him in the Land Office for this tract has
been mutlated by the destruction of the last
page, on which his signature was written, but
this fresh evidence has not yet been before
the judiciary Committee. In 1864, by some
process, alleged to be fraudulent, the case
was again got before the Supreme Court,
which decided in 1866 against McGarrahan.
He applied to Congress for relief, allowing
sound prccedents for his appeal. The Thirty
ninth Congress passed resolution torblddlng
patent to issue until it has investigated the
case. In the Eouieth Congress bill passed
the House by large majority vestlng the
title in McGarrahan, but 1t was not reached
by the Senate in time for action. The appeal
was renewed in the present Congress. The
judiciary Committee heard both parties at
great length, first cxacting from the New ldria
Company pledge that it would not seek nor
accept patent until Congress had acted in
the matter. The committee has not reported.
Ii was the attempt by Mr.. Cox to infringe
upon this agreement, and to go back on his
own pledge to the committee, that brought
down the Presidents rcprimand, and subse-
quently caused his resignation. Mr.. NECTAR
rahan is an Irish gentleman of good family
and education. He came to this country in
1913 and settled in California, whore he ac-
auired handsome competency, which has
long since been expended in wearisome de-
fence OF his rights acquired under DEGREES Of
United States courts. He is q modest, up
right, genial gentleman, and much esteemed
for his general worth ard persistent energy,