Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-11-30
The Controversy Between President
Grant and Secretary Cox.

-[
It became my duty, as 4 member Of
the Judiciary Committee of the House.
to take part in the investigation Of the
case and TO hear the very long and able
arguments on either side in behalf Of
the McGarrahan claim and that of the
New Idria Company for many days dur
ing the last Congress and after the null
est Investigation and the most patient
thought / could give TO the su6ject-and,
l will add, from motives OF personal
friendship 70 those urging the claim on
the part OF McGarrahan-I found nv
self unable TO come to the conclusion
that McGarTRhan had any rights in the
premises.
His claim may be briefly stated in a
few words. Almost at the very moment
Of he abandonment Of California by
Michael Torrena, the Mexican Governor,
n Of the clerks in the office OF his
commissary, Vicente p. Gomez, claims
that Michael TOrrena gave him q grant
OF the large amount of land now in dis
pute, containing many leagues, and al
legged to be worth many millions. The
proper and formal documentary evil
dences, however, OF this were not found
In the Mexican archives. The clsim
vas brought before the Land Commits
sion established by Congress to adjust
such titles and was by them rejected.
1E1- @EEAA ~ AAA1 0N1NAAlA N0AAA AQM .
ever, after the decision of the Fremont
case, the claim was adjusted by the
court in favor Of Gomez, the clerk in the
COmmlssary Department under whom
McGRrrahRn claims. But the unfortun-
ate fact was that n Pacificus Ord, the
United States district attorney. who
ought to have protected the rights Of the
United States, was at the same time a
joint owner in the claim, having pur-
chased half OF itofG Comes fact which,
in my judgment, taints the whole pro-
ceeding, and this faint is not in any way
lessened, because, in other Mexican
grants, Gomez admits that he was ac-
custOmed to forge the title grants in such
claims, showing his ~capability in that
line by doing it in open court, in pres
ence Of the Judge. Amer adjudication
of the District Court, and before any APP
peal was taken, McGarrahan, without
any notice of the fraud of Gomez, for
aught that appears, except that the pa
pers show that Ord, the district attorney,
was owner Of an interest in the claim,
bought the claim for a valuable consid-
Grafton.
But the United States, represented by
the late Edwin NJ. Stanton, afterward
appealed the case 10 the Supreme Court,
and after proceedings there of great
length and cost, some Of which could
well have been different and which it is
unnecessary to go into, the claim was
adjudicated as wholly void and set aside.
In the meantime some four persons
had entered upon the mining law OF
California, and under the name Of the
New Idria Mining Company, had de-
velOped the quicksilver mine in b
land in dispute, worth, as is alleged,
some &,OOO,OO0. This company has al
--------I =. IT, I@vr-#~ rnI haF.E-
Congress in various forms a. the oppO-
nent Of McGarrahan, claiming title to
the land, and the question has always
been dealt with as if it were n interest
ing only to those two claimants.
McGarrahan sought an act Of Congress
comforting the title of the land to him
self upon the ground that he bought
without knowledge of any defect in h
Gomez title, if any exists, after the judg-
ment Of q United States court had been
given confirming that title. The ma
jOrity Of the committee were not CON-
WINGED Of the validity of his claim or Of
his equitable rights, because, first, Go
mez did not appear ever to have had any
title; secondly, that the very ingenious
and able attempt to import the principles
Of law securing the rights of purchasers,
without notice, OF commercial paper be-
fore it is due into the law concerning
real property could scarcely succeed.
Upon that point the committee were in
clined to hold that a purchaser Of land
bought no greater title than b seller
had to sell, however much title the seller
might have appeared to have; and for
that, and because the matter had been
fully adiudicated in the courts, reported
against the prstensiOns OF Mr., McCiar-
rahan.
Before going on with the hearing, how
ever. the committee directed its chair
man e request the Secretary OF b In
terror not 70 issue a patent 70 anybody
to tho land until the Committee had fin
ished the investigation in the premises.
This request Of the committee b Sec
Rotary at first promised to comply with,
but afterward was very unwilling 20 adj
here to his promise, being Qaite DESTROYS
apparently to give a patent to the New
Idria company, and asked b opinion
of the Attorney General whether he was
bound to withhold the patent at the re-
ouest OF the committee. OF IN the
Attorney General replied that he was
not so bound by law but the committee
came to the conclusion that they would
make 1t very inconvenient for Mr.. Cox
if he would not listen to their suggestion
and keep his promise to them. b sec
rotary, however, upon consideration,
thought it best not to issue the patent
till the committee had finished their
labor.
When the committee had agreed upon
a report as to the rights Of McGarrahan,
not with unanimity, however, one OF
their number suggested another consid-
alton as seeming to him worthy Of IN
vestigation, which was that while the
United States had spent some quarter Of
a million OF dollars, o or less, in de-
Tending this land from McGarrahan's
claim, all that money seemed TO have
been spent in the interest OF the New
Idria Mining Company, and that mem
Der Of the committee desired to inquire
by what title the New Idria Mining
Company claimed to hold the land, and
was informed il was only under the
mining laws Of California. He then
raised the question in the committee
how it was that four persons, who could
only hold, under the mining laws Of
I California, as it was understood one
thousand feet each Of mining lands,
! could claim many leagues Of land
against the United States,
In the waning hours Of the session,
lust then closing, there was no time TO
summon the New Idria Mining Com
| pany to make good their title or futher
I TO investigate the same, and 1t was sug-
gested that the whole matter lie over
TIL the next Congress, and that in the
meantime no patent should issue to any
body until the rights Of the United States
/ could be determined.
It seems that during the vacation the
New Idria company pressed upon Sec
Rotary Cox, and he was about, as his
letter shows. to issue a patent to them,
which would have been good as against
| the United States. The President inter-
/ fered TO prevent il. 1t is generally IN
I derstOOd that interference is in behalf OF
/ McGarrahan. 1 do not believe that Nc
Garrahan has any interest IN the ques-
ton whatever, but that the people Of the
/ Uuited States have OF right millions Of
I property in that claim which IN earnest
and careful investigation, in which the
Z government should be represented, will
| show 70 belong to 1t. The President has
only been holding the title to the land in
allegiance until the committee of the
| House of Representatives get through
with the investigation, and determine
what the rights of the United States are
in the premises. For this / think he
ought 70 have the thanks Of all honest
and judicious men.
lam, yours, very truly,
BENJAMIN F. BUTLER.