The Portland daily press., 1870-11-11
DAILY PRESS.
MD.
Friday Morning, November IL, 1870.
PORTLAND


Imp
CORRESPONDENTS BETWEEN PRESIDENT GRANT
AND SECY cox.
WASHINGTON, Nov. 9.-rhe FOLLOWING ia tho
correspondence between President Grant ana
Sec'y Cox:
Long Branch, N j, Aug. 22.-To Hon. j.
d. Cox, Sec'y of the Interior: Dear Sir,-I
understand you have appointed one day this
week to hear the arguments in the McGar-
rahan case. Tbat is we'll enough because il
Congress should fail to settle that case we
may have it to do, and the sooner we know the
point of it the better. However, as the matter
had been taken in hand by Congress before the
incoming of this administration and as so
much fraud is charged and believed to exist on
both sites am not willing that my name
should be signed to patent for either party till
Congress has either decided or declared their
inability to do so. L wish you would say to
MIR. White, the secretary for signing patents,
not to put my name to that one except on
special orders from ne through you. He must
not take orders from Mr.. Nelson in the matter.
have grown suspicious of Mr.. Nelson, and
will tell you why when I go to Washington
next. Yours truly,
(Signed) U.s.GRANr.
Department Of the Interior, Washington, d. c.,
My Dear Sr,-Yours of yesterday is this
mUrning received, and 1 have given your di-
rection in regard to signing the patent to the
New idrea Company to Mr.. White by letter,
Il
am informed. On the subject Of the McGar-
rahan business itself think you must have
been mlsinformed as to its status in Congress
According to formal opinion given by the
Attorney General last year the case is in no
such sense before it.
McGarrahan petitioned the last Congress
as he had the two preceding Congresses, to
make him grant of lands in California, in
Guiding within the boundaries named the pre-
tended grant to one Gomez, which the Su-
preme Court OF the United States declared void
in 1865 He has applied to Congress in vain.
At the last session it was again before the Ju-
dietary Committee of the House of Represen-
tatives and the parties consented to suspend
the contest in this department till that Com
mittee should pass upon the matter of petition.
The Committee did pass upon it and by a vote
OFT to 3 determined to report against granting
the prayer of his petition and directed Mr.. Pc
ters OF that Committee to draw up their report.
Mr.. Peters statement of these facts is filed
with the papers in this department.
The New Idrea Mining Company now claim
that their business should be taken up and
disposed of. McGarrahan claims on the other
hand that the fact the Committee did not find
an opportunity to make their report to the
House should hold the other parties to still
further delay until the next session of Con-
gress.
To this the other side reply that it was the
action OF the committee that they consented to
await, and quote the printed statements of
McGarrahan's counsel before the committee to
the effect that if the committee decided against
them they would make no further Contest
The department. as the Attorney General de-
cided that it was not authorized TO delay the
performance of its duty, and under the law at
all except by the common consent of the par
ties IN interest, has only taken the responsible
lty OF delay in cases where manifest equality
required it and where action by Congress was
possible. After careful inquiry and investi-
cation, think it clear that neither of these con-
ditionS exist in the present case. McGarra-
hans original claim has been now for five years
decided by the Supreme Court to have been
utterly fraudulent and void. He Immediately
made his effort to obtain relief from Congress-,
and i've years OF most industrious, and as
believe, unscrupulous effort has been futile.
Pending these petitions to Congress he at
tempted to obtain the patent from this depart
ment on the ground that the lards were only
agricultural lands and did not contain gold,
fore be bought at 81. 25 per acre. This was re-
fused by Mr. Browning, my predecessor, on
the ground that the lands were mining lands,
and the New Idrea mine VIGOROUSLY the bone
of contention. Mr.. Garrahan then sought to
force the department co issue him patent by
q writ OF mandamus from the court Of the dis
trict, and after the unprecedented action OF
that court in allowing writ against me after
Brownlng's retirement, the United States SUI
preme Court reversed and annulled the pro-
ceedings IN the court below in a judgment
which reflected with great severity upon all
concerned in the procuring such action. Mr..
Garrahan stands before the department there
fore as fraudulent claimant who has twice
been foiled and condemned in his fraud by the
highest court in the nation, and whose efforts
to procure favor from Congress have also
failed. His claim for still further delay in or
der that he may try whether he cannot yet OBJ
tain legislative action in his favor which may
give him that which the courts have deter
mined he has no right to under the Jaw, seems
to me worse than baseness, and should feel
gress were willingly to do anything to subject
them to further annoyance from such source.
Under the opinion of the legal adviser of the
government, therefore, and in full accordance
with my own sense of right and duty, have,
said that the department will no longer delay
in proceeding with its business according to
the law. At this stage find myself met by
another effort at obstruction. Mr.. Garrahan
brings suit in the same court Of the district for
an injunction against the New Idrea Mining
Company to forbid them from applying for q
patent for the lands they claim under the
statute, and that too although the company is
in California, wholly out of the jurisdiction of
the court. Nor is it pretended that lawful
service OF the writ can be made on them Their
attorneys here were made defendants and the
court asked TO forbid them from prosecuting
their clients case before the department which
has jurisdiction of it; and this too when in q
mandamus case last winter the Supreme Court
decided that the Jurisdiction of the depart-
ment was exclusive and and absolute, with
which no court could lawfully interfere.
The department is not party to this suit vet
have had to-day notice served upon me to ap-
pear before this court on the 30th inst, and to
show cause why an attachment should not is
sue against me for directing the Land Office to
go forward with its business. If the Federal
executive is to be at the mercy of such pro-
ceedings as these, we shall justly bacome the
contempt of the nation and of the world. To
show you still further the unbluShing knavery
OF McGarrahan's conduct, the gentleman al
lowed me to read letter directed to hi n by
one of McGarrahan's attorneys, in which the
attorney offered for McGarrahan's stock in his
California claim to the amount of $40 900 for
the use of his influence with me to procure O
favorable acton to him in this department. As
to appearing before the court am at loss
what to do. The Attorney General has gone
to Georgia and leaves no assistant who is an
experienced advocate, his department being
as you know, not fully organized. The District
Attorney, who would be the one to whom 1
should naturally go next, is Judge Fisher, who
was one of the two judges who signed the writ
OF mandamus last year, and of course he could
not defend the department without condemns
ing himself, and Congress last winter took
away the right to- employ special counsel. My
bellef Is that now question more gravely
affecting the dignity of the executive and its
your administration, and think the situation
fully warrants your telegraphing the Attorney
General for all the Cabinet to meet you here
before the 30th For self, as am conscious
Of having fought fraud with such vigor as
could, can make [ o compromise, and If fail
to secure to the fullest extent your approval of
my course l must beg OF you to relieve me at
once from the duties which, without YOUR sun
port, shall utterly fail in. Begging to be re-
membered with great respect to Mrs Grant, I
remain very truly yours,
- GSigned.) JD.Cox.
To the President.
To this letter the President made no reply,
thus tacitly refusing to abandon the position
he had taken ON the question of issuing the
land patent. With regard to that part OF
Coxs letter of Oct Sd, already published,
which seems to imply an interference or the
part OF somebody with the Ipdian policy ad-
it should be understood that the
President had no issue with Mr.. Cox on that
subject nor did he permit any outside interfer-
ence The only thing that could possibly he con-
strued in this way was the Presidents en-
dOrsement or letter from Senator Chandler of
Michigan addressed to him at Long Branch
and which was afterwards sent to Sec'y Cox.
This letter recommended in earnest terms the
appointment, as Indian agent in Michigan, of
MIR. BrOckway, Methodist clergyman 10 that
State, who had successfully labored as a mis-.
'ionary among the Indians. He had already
served as such agent and been suspended when
he Indian agencies had been put in charge of
he military officers. The Presidents endorse
nent on this letter was the effect that the ner-
ION recommended by Senator Chandler miybt
'e appointed, as it would not change thi, poli-
y in regard to appointments for that branch
II the service. The President added at the
anne time that he was anxious to meat tho
wishes of Senator Howard, who concnrred in
senator Chandlers request. His endorsement
vas merely OF an advisory character.