New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-11-10

mittee should pass upon the matter Of the petition The
three determined TO report against granting the prayer
OF his petition. and directed Mr. Peters Vi that 0om-
Mr. Peters's statement OF these facts is filed with the
papers in this Department The New Minng oom,-
psny claim that their business should be taken up
and disposed Of McGarrahan claims or me otner Manu.
at the fact that the Committee did NOT ma IN, Ibp9r
tuity To make their report to the house sou hoa nc
other parties to still further delay unt the next hesSpn
OF Congress To this the other sde rey tn 20 aa ar
and quote the printed statements OF AcIaiiahan Co-
sci before te Committee to the eject lnaI II .e I'm
mittee decided against them they would make
contest. -.
AS the Attorney had decided that This Depart
ment not authorized to delay us performance ~
duty under the law at ALL except by the comnon consent
Of The PARTIES ia has only TAKEN Ire
IT, and where action by Congress Is probable After care
of these conditions exist in the present case McGarra
hans original claim has been now for I'VE years decided
by the Supreme Court have been utterly ffaudulent
and void He Immediately made effort toobtain relief
from Congress- and five years OF most INDUSTRIOUS ah9
believe interruptions effort, has been futile PEND
ing these petitions to Congress he attempted TO obtain
patent from this Department on me ground mat we
not contain gold silver or h gaSksilVe e.
nes Sr sd r g W1s ra%ed by Mr. Bro%nns my
predecessor, the ground that The LANDS were INNING
lands ana the New Idria Quicksilver Mine was wei
known TO he the bone of contention. McGarahan then
sought TO force the Department 10 ISSUE MN pauht Dy
q writ Of Inaudamus from the Court Of this District
After Mr.. Brownings retirement, the United states SUI
preine Court reversed and annuled the pioecehgs IA
the court below In Judgment winch WIN siea'
Mcarrahan stands before the Department, therefore.
as claimant Who ha Lyle ee dan G1 d tb
nation and whose efforts ia procure favor from congress
have also failed. His claim for SIN rthar delay IN
order that he may try whether he cannot yet obtain
legislative action In his favor which may give him that
which the courts have determined that he las no right
under the law seems than baseess, and L
should feel as II were party 10 wrong upon congress
willingly to do anything.fO subject them to fur
Their annoyance from such source Under the opinion
Of the legal adviser Of the Government therefore ana
fun accordance with my Of right and duty
have said That the Department viii no longer delay In
proceeding with Its business according to law
At ths stage find myself met 6y another efiort ny CD
sructiOn McGaTahan bflrgs suit In the same court 0f
the district for an injunction against the Newldra
Mining Company, TO FORBID them from applying LOT
patent for the lands they claim under the statute ana
that too although the Company is IN California, wholly
ont of the jurisdiction of the Court nor Is u pretehueu
that lawful service OF the writ can be made on them
Their attorneys here made defendants ana the Court
Is asked TO i0rbd them rom proseeutlhg tne cnci
case before the Department which has jurisdiction or H.
the Supreme Court decided that the jurisdiction o ine
Department exclusive and absolute, with when no
court could lawfully int rfcre. The Department Il not
party 10 this suit yet have Lad to-day notice served
upon me 10 appear before this Court on the 3Oh ns
against for directing the Land Office to 80 forward
With its business
tempt Of the nation and OF TIE world. To show You still
further the uublushng bnayery Of McGarrahans con,
duct, gentleman allowed me to read letter directed
20 him bv of McGdrrahans attorneys In which the
attorney offered, Tor MoGarrahan stock in his Caor
MA claim TO the amount OF $4,000 for the use OF ms ILL
fuence with me, TO procure favorable acton to him IN
at loss what Ia do The AttorneyGeneral has gone to
Georgia. and leaves assistant who Is an experienced
advocate, his Department. as you know, not Doing Iuy
organized.
The Distric;-atorney who would be the one to whom
Of the two Judges who signed the writ OF mandanus last
year, and OF he could not defend the Department
without condemning himself, and Congress last Winter
took away from The other eparnents the right to EN-
poy special counsel. My belief IL that no question more
grsvey affecting the dignity OF the Executive, and is
independence viii be likely to ai,c during yOur Admin
istraon, and think TIE situation fully warrants your
telegIaphing the AttorneyGenerIi II not all the Cab
net to meet You here before the son. For myself ~
conscious Of having fought fraud with sgeh igor as
i could, make compromise, and If fail TO Sc
cue. the fullest extent, your approval Of my course
which, without your support, shall utterly fail in.
Very truly yours, j. ID. Cox.
Mr. Coxs last letter to the President, already pub
lshcd is dated Oct g. 1t will be Observed however, in
this Letter of Aug o. Mr. Cox intlmates strongly his de-
termination TO resign in the President refused to
support him in his views about the McGarrahan claim.
To this letter the President made reply thus acty
refusing abandon the position he lad taken on the
question OF issuing the said patent.
With regard TO that part Of Mr.. COx's last letter.
which seems to imply interference on the part Of
somebody with the Indian policy Of the Administration
1t should be understood that the President had no issue
with Mr. Cox on that subject, nor did he permit any
outside interference. The only thing mat could
possibly be construed in this way was the
Presidents Endorsement on a letter from Senator
Chandler Of Michigan, addressed to him OF long Branch
letter recommended, in earnest terms, the appointments
as Indian Agent in Michigan, OF Mr.. Brockway Metho
dist clergyman in that STATE, who had successfully la
bored missionary among the Indians. lie had
already served such agent and had been superseded
when the Indian Agencies had been put in charge OF mil
itary officers The Presidents Endorsement on this letter
the effect that the person recommended by sena
Chandler might be appointed. it would not change
the policy which had been adopted in regard TO appoint
ments for that branch Of the service. The President
added, at the time that he anxious 10 meet the
wishes of Senator Howard, who cOncurFed in Senator
Chanders request The Endorsement about the appoint
ment was merely OF an advisory character
1t is generally known to the country that President
Grant the author of the present policy Of the Govern
ment toward the Indians and the people may rely
the that departure will be made from that policy
SO long as he President, matter what changes may
take place in the Cabinet With regard to the reforms in
the civil service, alusiOn TO which is made in the last
letter TO Mr. Cox it is Well understood here and else
where, by all who have anything to do with the Execu-
tive Departments the Government, that since the inau
guraton OF President Grants Administration, particular
attention has been given 10 this matter The President
himself with every member OF his Cabinet have, without
any formal parade show. made it condition no
person shall receive office without first undergoing
examination, the object Of which to ascertain first his
fitness the place. and second his character fidelity
and integrity As matter Of course preference given
persons who known to entertain the political
the President and the members Of his Admins
trson. But this has in instance, far as is known
been allowed to override the other necessary quafca
tons for office. The general misunderstanding which
exist with regard to the which led
retirement Of Mr.. Cox from the Cabinet call for
this statement of facts.