The New York herald., 1870-11-10
THE GRANT-COX MBROGLIo.
AN INSIDE VIEW OF THE CABINET.
Secretary Co.'s Orders Net Interfered
With-The MoGarrahan Claim Cor
respondence-Attempt to Bribe
Member of the Cabinet-The
Presidents Indian Policy.

President in counternanding the order OF Cox for
bidding the clerks in the Interior Department going
home TO vote at the October elections. The truth OF
the matter is that Cox was not aware OF the Presl
dent having countermanded his order until after he
had sent In his resignation. On october the Pre-
sident, while in conversation with Judge Otto who
was then acting as Secretary OF the mte-
rior. in the absence OF Mr.. Cox, alluded
to the subject or the clerks in the Interior Depart
ment going home to vote. He intmated that in the
other departments the clerks were allowed to go
home to vote without having their pay stopped dur
ing their absence, and he would like TO have the
usage uniform IN all the Departments. Judge otto
agreed That the clerks In the Interior Department
who should apply for leave to 90 home TO vote should
have 1t granted. All this, 1t Is said took place
while Mr. Cox was absent from the city and on
the day upon which his letter OF resignation is
dated From this 1t does not seem that there IL any
ground for the statement that Cox resigned because
the President insisted upon the right or The clerks
TO go home and vote, for the reason that when he
wrote his letter OF resignation he could not possibly
have known anything about the action Of the Presi
dent. AS to the other pleas set up by Cox You have
full explanation In the following paper which has
been prepared under the direction OF ana rcgised
by the President
LONG BRANCH n j.. August q 1870
Hon. J. d. Cox, Secretary Of the Interior:-
DEAR SIR understand that you have apponted
one day tnis week to hear arguments In the Nectar
Tanan case. Ihat Is well enough because, IL Con-
gress should fail to settle that case we may have 1t
70 do and the sooner we know the points OF It the
taken in hand by Congress before the incoming Of
tas administraton, and as so much fraud charged
and believed TO exist on both sides, not willing
that my name should be signed to patent for either
party until Congress has either decided declared
Mr.. White secretary for Signing Patents, not 10 put
my name to that one except on speclal orders nom
Nssdn me- npGTe ~ ny YOU ae gks orders from
hir. Nelson and will tell You why when / 90 70
washington sl,n,iS neXt. Yours truly Y. y GRANT.
SECRETARY coX's REPLY 10 THE PRESIDENT.
DEPARTMENT OF THE INTGRrc.S
r.srvla Ny nnS yss i s
% signing W ts eS1 compay ssEs e M
White by letter, he beng confined to MS bed by
On the subject OF the McGarrahan business itself,
i think you must nave been misinformed as TO Its
status in Congress According to the formal OPINION
given by the Attorney General last year the case Is
IN such sense before Congress to interrupt or
impede the action OF the department under the laws;
hearing ana decision here they have In any other
case, where they claim decision upon their rights
under explicit PROVISIONS OF the statutes. Congress
assumed no peculiar ursd lotion Of the subject. Nc
Garrahan pclitIonea the last Congress- rs he mad
on %o a @ ooDges se 10 make M MIN
RES named IN pretended grant 10 one Gomez,
which the Supreme Court OF the United States de.
vain. AT the last session it was again before the
Judiciary COMMITTEES OF The House or Representa-
tives and tile parties consented suspend the con
test in this department I'LL that committee should
pass upon the matter OF the petition. The commit
determined to report against granting the prayer
q the petition ana directed Alr Peters Of
Mr.. Pelers' statement OF these facts Is nlAa
with tie pageis IN tins peDas..:...,ssnt. The
New lra Mining, eQllDahss now claim that their
business sioplI Is taken up aud disposed Of.
McGarrahan claims, on the other hand, that the
lact .iat the committee did nos ind the opportunity
oes 1 Ssrs % s 70 dey 9n t0u e
session u Congress- 10 tIs lhe other side reply
that it was tie action OF tue committee that they
consented to await. and quote the printed state.
ments OF McGarrahan s counsel before the commit
tee TO the effect that II the committee decided
against them they would make no farther contest.
The Department, as the Attorney General had de.
cided that not authorized TO delay its perform
ance Of duty, under the law, al ALL except by the
common consent OF the parties III interest has only
taken the responsibility OF DELAY IN cases where
manifest equity eGIea y ana cars whGfe action Dy
Investigation think II clear that neither OF these
conditions exists IN the present case. McGarrahans
by the Supreme Court to have been utterly fraudu.
lent and VOID He Immediately made
s nrsss and five Years of most Industrious
and, as l believe, unsclupulous effort has been
iutile Pending these petitions to CONGRESS he at
tempted to obtain patent from this department on
the ground that the lands were only agricultural
lands and did not contain gold, silver or quicksilver
mines, and might therefore be bought at 81 rs per
acre. This was refused by Mr. Browning, my pre-
decessor on the ground that the lands were mining
lands, and tie New Idria quicksilver mine was no
torlously the bone OF contention. McGarrahan then
sought TO force the department to issue him pa
tent by q writ OF mandamus from the court OF this
district and after the unprecedented action Of that
ccurt IN allowing the witt against me- after MIR.
Brownng's retirement the United states Supreme
Court reversed and aDnlieu the proceedings IN the
court below In Judgment which rejected with
great severity upon all concerned IN procuring such
an action.
McCarrahan stands before the department, there.
fore, as fraudulent claimant who has twice oeen
ioiled and condemned IN his irand by the highest
court III the nation, and whose efforts to procure
FAVOR nom Congress nave also iailed His Claim Tor
stlil further delay order that he may try whether
lie cannot yet OBTAIN legislative action i'll his FAVOR
which may give him that which the courts have de-
termined tnat he has no right TO under The law,
seems 10 NE worse than baseess, ana should feel
as If | were party TO wrong upon Congress were
willingly 10 Go anything TO subject them to further
annoyance IRON sucn source Under the opinion
of the legal adviser OF the government, therefore,
and full accordance with my own sense OF right and
duty, have sa.d that tiie depar' nent viii 10 longer
delay III proceeding With It's business according 10
law.
at this stage nnd myself met by another effort at
Obstruction. McGarranan brings SUIT III the same
court OF the district Tor an injunction against the
NeW idiia Mining Company, TO forbid them apply
ing Tor paient for tile lands they claim uadel the
statue, ana uat, TOO, although the company Is III
Caltolnla wholly out OF the urisd. on the Court
an = I aa o nat o aWI seiE.ce OF the writ
made delehdaIlts, aud the Court IS asked TO forbid
them them nom prosecuting tneif clients case be-
and thus, too when IL the iuandallus case last
winter the Supreme Court decided that the Iurlc.
ton OF Tue department was exclusive and abso.
Lutte, witn which M court c1ud lawfully inter.
1ere. Tue department. Is noG party TO this
suit, yet nave lad to-day notlce served upon me
10 appear before this on The 39th instant and 10
Show cause why an attschllen6 should not issue
againsr me for directing the Land Olice to 30 Tor.
ward with It's business.
III the federal Executive is to BE at the mercy OF
such proceedings as these we snail justly become
The contempt Of the nation ana OF the word TO
show you further the unbushing kuayery OF Me-
Garrahan's conduct gentleman allowed me to
read letter alrecea 70 him py one Of alcGalrahaus
attorneys, IN which The attorney offered for McGar-
rahan, stock in his California clam 10 tie amount
of $2000o fer the use or his influence with ne to
procure favorable action TO him IN this department.
AS to appearing before The conrt 1 am ut q loss
what TO do. The Attorney General has gone
10 Georgia aud ieaYe5 no assistant who
is an experienced advocate, his department.
as you know, not being fully organized.
The District Attorney, who would be the one 10
1 OH IllIIn No. Il..