, 1870-07-07
THE ROMANCE OF THE MGAR.
RAHAN CASE,
IntxicaCies Of LAW-Psverty, Justice
auA FctttDaefsy against lnlusslce,
EVenfaa and FeWe1s

ness tefore The committee. Frequent exam
in1tion OF documents in the case, and liberal
study Of its tortuous course through l:s varied
stages OF legal trial. have enabled mo 70 be-
condition. It haa been fully treated Il
the Newspapers aud magazines year a.
ter year, but as f,w readers trouble then-
seiyes to ws.e through the number OF columns
usually cousiuc1cd necessary to giyo tt lair
description, I viii endeayoz to state the caso
distinctly, guided generally By the record OF
estaol's he'd tacts, IN ahott space. It has al
ready occupied three months' LABOR Of the Ju-
diciary Committee this session.
William McGaTahan, who claims the richest
and only profitable quicksilver mines on the
Pacific coast, has shown that his tit1s to tho
claim was derived from claimant formerly
Mexican sitizen, through decree of tho United
States District Court which confirmed it. This
confirmation depended upon the findings Of
the Eoa1d Of Land Commissioners created un-
der the act OF March, 1851, " to settle and as
certsin" Mexican land grants.
This board found. as matter Of fact. that
tha grantee Of NcGarrahan had proved TINT
he had received grant which covered these
quicksilver mines. But they also found as
matter Of lAw, that McGarrahan's grantee
occupied the premises covered BY the grant
It was thus established By the board that there
was grant, and this was question Of fact.
As question Of law the board decided that in
order to give ralidity to grant it was neces-
sary to prove occupation Of the premises
granted. This decision was subject to
review By the United States District Court,
where new evidence as to the existence
Of the grant md all other question:
might be taken. Tho case was brought before
! the District Court at = time after which tile
| Supreme Court had decided in Fremont's
Maripoea case, that occupancy was not neces-
! sary to the validity Of Mexican grant. It
having thus been settled as matter Of fact
| that tho grant Was genuine, and as matter OF
| laW that occupancy was not essential to its
validity, the case, on the authority OF the sd
! Indication in the Mariposa case, was conclu-
eive as to the rights Of McGar1rshan's grantee
In this condition Of the case, MeGarrahan
bought the grant, which is low known IN en-
tirctv as tho Panoc1e Grande claim, and paid
his money fo- it, as an innocent bona tide
purchaser.
Having made the purchase he called upon
the Attorney General, personally and By coun-
sell, to ascertain il there was any objection to
it. The Attorney General made some objec-
| tious> and asked coupaet to argue the question
| before him An elaborate argument was made
! The Attorney General admitted its force. and
| consented that the Supreme Court would nd
| init that the decree Of the District Court was
final and binding on the government In con-
formitJ vii b this consent, the Supreme Court
did determine, adjudGe and decree that tho
property was valid, and ordered the District
| Judge Of the court below to grant Judgment
| 10 McGstrahan. This adjudication Of the
Supreme Court Mas duly transmitted to the
| District Court and w7s there duly received,
entered and filed, and on motion OF llcGarra-
han 5 counsel vas ordered to be entered AZ the
final decree Of the Court. This was, according
to tie uBages and practices Of the government,
the end Of the case.
But quicksilver mines Of immense value
k,s+-S l,,y
| erty, and powerful interest in behalf Of the
d,acoverers having been enlisted, Which inter
| est is Eoid to have been, and appears still to
be-ti1st, the Bank Of California, and sutse-
! quently the Pacific Railroad cocabin2sions-an
attempt was made TO avoid the decree Of con-
trmation OF the Supreme Court Of the United
| States.
| The beginning Of this terrible Law battle ia
| 30 fraught with charges and countercharges,
SO full Of proved and improved legal mon-
strosities, 50 puzzling to the deepest explorer
| Of the publicly unknown corrupt manRuvIea
chatged as practised a.S,7inss aIcGa1zahan,
| that until the commit, shan rule on the
| evidence that has been r"1do part Of
the record, I do not deca it fair even
to the committee to bring about the
inevitable conflict that would result from
their production. It is eaid thst duel was
seriously talked Of after one counsel spoke on
the opening scenes Of this part Of the exciting
| and romantic trial few weeks since- It is
charged by counsel, and presented as part OF
the caee, that W SOME arrangement tna a1tGr-
ney for the squAtters or dlscoverers OF me
\ United States IN the case in the District Court
| OIL GaA1otn1a, whcfe 1t next came mp, anu Was
| pa!d y ,uuo IS n1s zee 1rou the goFe1nment;
II 10 chafged tnen 'hat clelh "no contsot!eu l,a
the feeoroa o. the couf1 nan1aiatea thefni Aas
made in the cause, and that entries that were
MADE we're erased. Coanse1 1nrtnef suoInlts
public documents OF the mrty,seventn Con
eIsss u PROC. u sna19a tnat .:.ils ~.
attorneys we're eeduceo 10 turn against Mn,
and Sz5.o9o paia then OUT OF the iunas l1
81 the tnAtea states, es COMPENSATION LOT
their alleged professional t1eaehery. Inc At
| torneys denlet Their attorneFshp IN race or
the proof that they demanded and received q
fee from McGarratan. as eAown BY tue org
dence hefore the judiciary Committee.
| 1t Sas claimed as against alcGafEahan that
Mr. stanton made mot,oii 1or pew tHai M N
the cause "hie IN tantoFnl3 looking a!te,
these cl2ims as law agent OF me onlted
states: n ii answered oy SUBMISSION OF PROOF
| that NJ. stanton Was never Wltmn ,he 1ui1s-
utct9n 9i tne ooutnetn Its..'ci o1 ct!olu!a' ~
lhat ne naa no a9thoI1ts " ne tne.s, nls eni!se
antho1ty 70 aet 10, tne n Gnnea s1Ites n pGlue
eo ~ ~ w LIZ iMe ,s at a;I he h;,. .vss
.alu u % n.s, We n9t . ssgnee y m nai va
n!eu ~ ;t, ,ue .,s. ~ -
| "a - IL.
ogpus!.e pAl.s 1la .;a - - 10" e set51aI 'onee
eo tnat no sucn motaon mas ever Maue'
-. " tne G... saas 4.., - -
4Au p9en aaue; tae n1utteiue uot 49,, ~ a. .us
Ssa'Gs - tS oe1sa u ~ H. ;s,1t ~ 1,
tns stage g hooa Q, eharges1t eo5rnps,on, ~
Ee9ants m onles, PeIluis, uu1naon VI ~ ~.
olas, seoucliou ~ tso.eSslonaa -
.ase st oto =. uuos' SL si,at ..t,-o- hainr s-a
h. connasI 9oe canani lam -
% tba Intipss ~ s ~ sha cnnrt md 17a snresda wbst
rer1t nre n.;,,at ta aT;stanca ~
a1n conss11a sero sno ~ eo,rmol
I t;n,, IS @fpo11' ~'>"ss AN' e'A1"
Rat tba re,ect;on ~ the or.nt NJ t1,is st,ra
of ~ ,er+oe.1ra. 10 ~ ta,nraraa ~ o Sn.trt
no,,id rat 1aastTnr e.. 1acraa ~ tha n;str,rt
G"uqt cnnt;,,n;ng; II r. therefo,a hec,nna na-
cssaaTv IN nr5er n ;lefaat WcISarrahan's
t;,Io ~ ,ht,;1 gs.st;,r, ~ i;s ;3ac-ea ~ ron.
f;rnst;on STo, +, tha District Cnnrt. The 1ndya
W. sranta11 ~" nc Ion-aa srI r7,o /. alSo
\ ~ eI o -, 49, ~, - ~ -;
1seu e. aasnis peGa % avo' - - ~ 1sar
1;e4 AoAo 1"ot "sN 'AeAse ~ AAo st11A'
LII q. ,r,o.o,.,, ;. 49,, 1ndx, u,;aht fo--
n,al,1 Ase;sssat s4t"rJ,v v9TSS Ecuar.1 ~ no
Ie;tsd s,ats. s a. as;a 4I{ ertia, ~ r,ca.;on
~ Iaa;ia1 .Lat ~ .e.'.,o. ~ os;o.aa ~ .1o T.
ueeaeo 'naS ~ Pomet eA. s,,, - ~ .a,
ft; ae1s1u ~ ~ 80 a1;nIao;a ~ ;1'
1.s';3r -. ~ ~ 'no st"n' "t' 'N
olitan1 :; " e1hi:at 70 tiai' 4h,4 .r,o,1,
asa 10 ~ saa ~ ~ tod " isn statas s,1sms
ronrt no,st a tota s;th ~ Taar. re- the
s1;nr 1.da 10 i, 4ia Ms1r;ct ro1rt Tba da
cs;n,. r. ILa Sanrame 1,onrt VAS made lime S.
1asg X Eo ,u oannss, sras 1tte1nn,s5 to he taten
| III ao1ns+ * 1879 Thna The confirm 7tion
AZ the orant nnder which Wecarrshan claims
20 ~ &c 1aae1 r,1as astahI;sha1 And 10
4 Wa 1erartled hy Judre Caleb 5,
Smith secretsrv n tls Jnter;o2 who directed
list t;tie to yIcGarrahan should be
I 4