Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-11-16

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fort, has been futile. Pending these pc
utions to Congress, he attempted TO OBJ
tain a patent frem the department on the
ground that the lands were only auri-
cultural lands, and did not contain gold
silver or quicksilver mines, and might
therefore be bought At 81 p per acre.
This was refused by Mr.. Browning, my
predecessor, on the ground that the
lands were minin lands, and the New
ldria silver mines was VIGOROUSLY the
bone of contention. McGarrahan then
sought to force the department to issue
him a patent by a writ Of mundlmlLs
from the Court of this district, and after
the unprecedented action Of that Court
in allowing the writ against me, after
Mr.. Browning's retirement. the United
States Supreme Court reversed and an
nulled the proceedings in the Court be-
low in a Judgment which reflected with
great severity upon all concerned in pro-
curing such an action. McGarrahan
stands before the department, therefore.
as a fraudulent claimant who has twice
been foiled and condemned in his fraud
10y the highest court in the nation, and
whose efforts to procure favorS from
Congress have also failed. His claim
for still further delay in order that he
may try whether he can not yet obtain
legislative action in his favor which
may give him that which the Courts
have determined that he has no right to
under the law, seems 10 M worse than
baseless, and 1 should feel as II I were a
party TO a wrong upon Congress were I
willingly to do anything to subject them
to further annoyance from such asUurCe.
Under the opinion OF the legal ad-
wiser Of b government, therefore, and
In full accordance with my own EMS of
right and duty, 1 have said the depart
ment will no longer delay in proceed
ing with its business according to aw.
AT this stage l find myself met by
another effort at obstruction. McGarra-
han brings suit i'm the same Court OF the
district for an injunction against the
New Idria Mining Company to forbid
them from applying for a patent for the
lands they claim under the statute, and
that, too, although the company is in
California, wholly out of the juriSdic-
ton OF the Court. Nor is it pretended
that a lawful service of the writ can be
made on them. Their attorneys here
are made defendants, and the Court Is
asked to forbid them from presenting
their clients case before the department
which has jurisdiction of il, and this.
too, when in the mdHdaHlUS case last
winter, the Supreme Court decided that
the jurisdiction of the department was
exclusive and absolute, with which no
Court could lawfully interfere. The de-
psrtment is not a party TO this suit, yet
1 a v had, to-day, a notice served upon
me TO appear before this Court on the
S0th inst, and to show cause why an
attachment should not be issued against
me for directing the Land Office TO go
forward with its business. II the Fed
eral Executive is to be at the mercy of
of such proceedings as these, we shall
justly become the contempt OF the ma
ton and OF the world.
"To show you still further the I'M
blushing knavery of M~cGarrahan's con-
duct, a gentleman allowed me to read a
letter directed to him by One of Nectar
rahan's attorneys, in which the attorney
offered for McGirrahan's stock in his
California claim 10 the amount of $4,000
for the use Of his influence with me, TO
procure favorable action to him in this
department.. As to appearing before the
Court, l am at a loss to know what to do.
The Attorney General has gone to GeOr-
gia, and leaves no assistant who is an
experienced advocate, his department,
a. you know, not being fully organized.
The District Attorney, who would be the
one IN whom should naturally 90 next,
is Judge Fisher, who was n Of the
two Judges who signed the writ Of man
dnmJLS last winter, and, Of course, he
could not defend the department with
Il WI NlAAAUAAAAAAAk AAAAA1NAAn anu NhAAANe4
last winter took away from the other
departments the right to employ special
counsel. Ny belief is that the dignity
OF the Executive and its Independence
will be likely to arise during your ad-
min.stratiOn, and / think the situation
fully warrants your tB~legraphing the
Attorney General, il not all the Cabinet,
to meet you here before the 30th. For
myself, as l am conscious of having
] r---IW - ---gwH. - --H---aa II awnHa
I can make no compromise, and If ! fail
to secure TO the fullest extent you ap-
proyal Of nay course, I must beg OF you
TO relieve Inc from duties which, with
out your support, I shall utterly fail in.
Begging to be remembered with great
respect 10 Mrs. Grant, I remain,
Very truly yours
Mr.. Cox's last letter to the President,
already published, is dated October 8.
Il will be observed, however, in this
letter Of August q, that klr. Cox init
mates strongly his discrimination 20 re-
sign in case the President refused to sup
port him In his views about the McGar-
rAhan claim. To this letter the Presi-
DEM 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 Mr.. COI's
last letter, which seems to imply an
interference on the part Of somebody
with the Indian policy of the admins
tratiOn, II should be understood that the
President had no issue with Mr.. Cox IN
that subject, nor did he permit any out
side interference. The only thing that
could possibly be construed in this way
was the Endorsement ON a letter from
Senator Chandler, of Mishigsn, address
ed 10 him 81 Long branch, aud which
was afterwards SEM 10 Secretary Cox.
This letter recommended in earnest
terms the appointment, as Indian Agent
in Michigan, of Mr.. Br ickway, a MethO
dist clergyman IN that State, who had
successfully labured as a missionary
among the Indians. He had already
served rs such agent, and had been SUI
perceded when the Indian agencies had
been put IN charge Of military ofhcers.
The Presidents Endorsement on this let
ter was 10 the effect that the person rec
commended BY Senator Chandler might
be appointed, as it would nUt change the
policy which had been adopted in re-
gard 70 appointments for that branch OF
the service. The president added, at the
same time, that he was anxious Ia meet
the wishes of Senator Howard, con
CURED III Senator Chambers request.
The Endorsement about the appointments
was merely Of an 8dy!sUFy character.
IL is generally known 10 the country
that President Grant is the author Of the
policy now being pursued by the gov
eminent towards the Indians, and the
people may rely upon the fact that no
departures Will he made from that policy
so long Es ne is President, no matter
what changes may take place IN the ahi-
net.
With regard to the reforms in the civil
service, allusion TO which is made in the
last letter OF Mr.. Cox, it will be under
stood here and elsewhere by all who
have anything to do with the Executive
departments Of the government that
since the Inauguration Of President
Grants administration particular atten-
ton has been given To this matter. The
President himself, with every member
Of his Cabinet, have, without any formal
parade Or show, made II q condition that
no person shall receive any office with
out first undergoing IN examination, the
object of which is TO ascertain, hrst. his
fitness for the place, and second, his
character for fidelity and integrity. As
a matter OF course preference Is given to
persons who ere known TO entertain the
same political views - the PRESIDENT and
the members of his administration, but
this has in no instance, SO far as known,
been allowed TO override the other nee
esssry qualifications for once.
The general misunderstanding which
seems to exist with regard 10 the fuses
which led to the retirement OF Mr.. Cox
from the Cabinet seems to call for this
I statement OF facts.