, 1870-11-14
EDE. HAfKs, Attorney Genefal
Hon. IouS 2. UsHEn, Eeo'T Of Interior.

y
your letter. am, Eli, very respectfully, -four
| obeeient servant.
Epw. RA7zs, Attorney General.
hon. JOIN r UsHEn. 6eo'Y Of Interior
The End or the mcGnrrnhnn Claim.
Fro1n The Fassington Republican, Aug. Is, 1870.
Secretary Cox on Saturday sent the follow
ing Letter to the commisstcner Of the danotal
Land Office. directing him to proceed With the
Application Of the New Id.ia Mining Company,
o. California. for I patent to their lands.
1hose Of our readers who had the patience to
retd the reports Of tho libel suit brought By
MtGArraltan against the publisher Of this
EaPer will now see that the course pursued BY
ns IN relation to this pretended claim Of
AcHa1xahsn is most fully sustained by the
Sec5eta1y Of the Interior.
IoWaEd.the close Of the late session OF Con-
gresf, nten decision Of the Judiciary Com
m,ttee OF tte House against him was ineyis-
tSss ss pseas 70 2st RRPea %! n2 fas
land 10 question, signed by the late President
Lincoln, bad been discovered, and to give =
coio11ng to tits statement, bill WAS fled in
the supreEae Court Of the District, to restrain
tHe New ldra Company and otbers from np-
that The patent having been signed, the land
vac hs By virtue Of thAt pAtcat, although he
made no preteuce that it had eyer been in his
possession, or had been delivered to any peT-
scn Or passed beyond the control Of the Pres
By the etter Of tho Secretary 1t Is now
shoTn, as we then believed, that this sta,e-
nent lis wiltul falsi6cAtion OF facts oEicial-
u articnlatct."
We leave cur readers to doc;de, after read
ing the letter of Secretary Cox, how much =
faity who would reeort to such An expedient
to influence decision Of Congressional
| committee can be hbelle1,
The letter ia Is follows.
"DEfAETuESr or TIE ISTEa,oR,,
| N1sRLsd1oN, Ang. IL, 1870.
! on: hsTo h4d before me an application
| made By the New ldtia Mining Company for
Ees1ing on their claim to psteut to certain
usiuirg lands in California also, certain pa
rerB tnoWlpE stipulation between said CON-
! pally and William NcQarrahaa for herring
to ore the Judiciary COMMITTEE Of the Houso
OF Represent atiyes 1t tie late Bcesion Of Con-
[ gTcss, together with statement Of slr. Pcters
I OF raid committee, to whom WAS allotted tho
task OF making their report, to the effect that
The committed had decidcd against tho pe:i-
iton Of said McGArralan. I hAvo also te-
eeised notice Of the pe1dency Of proceeding
Of Colunabis, began On the 1ath day Of July
last, wherein tLa taid McGarrahan seeks an
II junction agniust tho New 1dtia Mining Com
paDy nEd certain othor parties, to prevent
their applying for patent, but to which pro-
cced,ng no Office Of this department ia par-
ty. Ir1ocused = copy Of the oriSinll bill in
| equity upon which sud proceeding was bzsod,
| snL1nitted the slmo the Attorney General.
ane have received orally hia views with regard
| to the matter.
stances attending this case, rec no reasou
why further delay should be rnado IN antor-
| tanning the application Of tho New IdEia Min
inG Company for hearing upon their Claim.
They ask this department to do the duty pre-
| scribed for it under the laws in force, and to
hth rt,nkt r..1,
statutes, they have or haye not right 10 tho
! patent they seek.
at IL our duty to proceed to the exsmin.-
tiou and hearing OF the case, unlees ecma OBJ
| stAcle intervenes BY act Of Congress, or Of
tho coarts, which would mako such action on
han for pnseut under. an alleged spaniAh
grant, waa originally before this department
| until it was decided adversely to his
claim by final Judgment Of the Supreme
Court Of the Unlted States, NcfiArra-
han .' tins ia..i1.a i1.sng "a asserting any legal
songht 10 purchase the lands az agricultural
/ lanes under the general act allowing auch
purchases, in certain ceees, to bona fde claim
tnts under Ertnts which tsYe been dlsalloMed.
This claim also went to tho Supreme Court Of
tho United States u1des proceedings in man.
damus and was there dismissed. ho has also
for several years sought relief in Congress- BY
petition for an act making to him grant OF salo
Of theIapds; but no such act h3s been passed. II
would sctEn that an arrangement was made by
which tho application for Congressional aid
Should be cnce more heard before the Judi
ciary Committee Of tho House, and ih1t the
New 1dria Company zero not TO prosecute
! ttefr application 10 this department until that
committee had reached its conclusion. Tho
statement Of Mr.. Peters, above referred to,
/ Shows that trlch conclusl1n waa reached be-
fo1e tie clese Of tue session Of Congress, and
| that they decided adversely to tho petition for
the relief Of McGa1zahan by yose Of seven
| to three. .--..
| The parties differ as to The extent Of this
! agreement between theca, McGarrahan claim
| to prosecute their claim until after final
! action By the House Of Representatives on
the report Of eald committee, and that, icas-
| much Is the committee WAS unable to make
Its report, owing to the pressure Of bua
;ncss At tho close Of the session, nothing can
he dono until after the next session.
The statement OF any agreement imply
lug further delay If tho committee should
| decide a6tipst a1cGarthhau Is emphasically
deried BY tho counsel for tho New Idra
Company, and tho committee itself has made
10 iriiuAtion to this Department Of the pro-
pnety Of longer auspeuding action Under
tlse existing condition Of Affairs, therefore,
| the New Idria Company now seems to mo to
have the right to demand that its business
should bo taken up in due course md disposed
Of, unless the legal proceedings beiore tbs
| Supreme Court Of tho District Of Columbia
shall be regarded as . proper bar. The bill in
the caee before that court contains What put-
| Ports to be history Of the claim OF HcGar-
talAn dorm to the time Of tho judgment Of
lha SupEeme Court OF tho United States In
tho care Of the United SsNes rs. Gomez,
alich judgment 1sGxrrshan refers to
court did, In fAct, in final decision at the
december term, 1866, dispose OF h,s claim ua-
der the Gomez grant. Third Wallace Re-
porte. 752.) He further sets up the pretence
il.at the original drift OF a pstcnt under tho
| the Gomez grant, which you recently brought
to my Office for inspection in order that tho
| fact that the same WAS never xfgued might
become personally KNOWN to me, was, on
BY tho then rleadeat, through his p1i.
vatc Secretary to sign land patents, and suat
& atsu thu e9sl 5ossd a
! theret tore that the proceedings IN the Supreme
| Court Of the United States declaring his tile
| invalid were too iate, and that he had become
\ legally possessed OF enid lands by the pseuaa-
the g7antitse]f was declared void bys.id Court.
1uas much as baye, beside tho ocular evi-
! dence which You have Furnished me, received
your official statement that tho parchment
II aft OF = patent which Eou presented wAs the
very paper aud the only one originally pre-
FIeu lo1 h46n1tole- A4A &aAt t4e saAe NAa
! never, in fact, signed, bnt has ;rsmaiaed. rs
| it NOW is. in tho possession Of your Office,
( from tho time Of it's writing to the pres
cnt day; and hive received like
Ni6e the cffcial statement Of Mr, Stock.
chief Of the division Of private land Claims, to
wro,n the patent, AID hnew 1t the time and
| l,as eyc1 aince known that the same neyer was
| eie1td: atd inaemuch II you hare furnished,
is direction Of tl,is department, to the coun-
I sci Of said McGaTahAn, certified copy Of
such record es sp7ears of the matter in
| 10 which the fact that the aame WAS meyer
-sieped or in sny form msds Patent for the
conveyance of land. uxs also fully set forth,
| Icsclot teGsrd the abatement On which the
alton Of the Supreme Coult Ct the District
| is 1.ow sought Is Any other than xillful fsI-
= t"'.Esrs no reason ~hsts ~: therefore, for
I srsrendrg the ac:ior cf the department rn-
Ii. t. is sbuso Of she forms Of legal proceed
! inss shall have been 6izposed Of IN duo eourso
| b. the court itself.
~ WIN not pov DISCUSS the question Of The
ilia case. which appears both to the Attorney
| G.ueral and myteH exceedingly. doubtful,
| Int r1cfe1 to rest the action Of the dep.ct-
u,.1t upon tic facts-fskt, thAt the
SLp,cne cou1t Of the United States
:: finally de'tEmi9ed NeG.:F,han,s oriEin.l
.lso finally disposed Of his application for
! ,:end1n,uc 10 compel tta e2le OF tho lanGs
/ 10 him as agricultural lands: thisd, that eev-
| ,;aj successive Congresses hare failed to re-
sre1d to his application fer Seli~f- b. las=.sls-
la.ivs act; ana, fourth, the principal alsega~
ing legal proceeding to authorize the issuance
80 m injunction arc officially kneun to this
itpar.i.ent: aud to rous office, TO be fa.ss.
AYou will, therefore, proceed tn tho otdi-
I nasy eourse Ct business 10 take up and dis
roee Of the application Of the New 1d9ia Ain-
/ rs Company for ap.tsnt, notifying NcGAr-
| 1af:sn cr his attorney thlt the same will be
done 1t IN early day, to be liked By you, prior