Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1870-11-25
LOWELL, Nov.I6, 1870

about the MCGaTrahan claim, and its re-
lation to the controversy between Sec
retary Cox and the President. l do not
think the merits and the position of the
case are exactly understood by the coun-
try certainly one view of them has not,
to my knowledge, been stated
1t became my duty, as a member of
the Judiciary Committee OF the House,
to take part IN the investigation of the
case and 70 hear the very long and able
argument on either side IN behalf of the
McGarrahan claim and that of the New
Idria Company for many days during
the last Congress and after the fullest
investigation and the most patient
thought | could give to the subject
and, | will add, from motives of person
al friendship to those urging the claim
on the part of McGarrahan-I found
myself unable to come to the conclusion
that McGarrahan had any right to the
premises.
His claim may be briefly stated in a
few words. Almost at the very moment
of the abandonment of California bv
Michael Torrena, the Mexican Governor.
one of the clerks in the office of MS
Commissary. Vicente A. Gomez, claims
that Michael TOrrena gave him a grant
ofthe land now in dispute. containing
many leagues, and alleged to be worth a
number of millions. The proper and
documentary evidences, however, of
title were not found in the Mexican ar
chives. The claim was brought before
the Land Commission established by
Congress to adjust such titles and was
by them rejected. Upon appeal to the
District Court, however, after the de
cision of the Fremont case, the claim
was adjudicated by that court in favor
of Gomez, the clerk in the Commissary
Department, under whom McGarrahan
claims. But the unfortunate fact was
that one PacifCus 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 purchased
half of it of Gomez fact which, in my
judgement, taints the whole proceeding.
| and this taint is not in any way lessen
| ed, because in other Mexican grants Go
mez admits that he was accustomed to
| forge the title grants in such claims,
showing his capability in that line by
| doing it in open court, in presence of the
| Judge. After adjudication of the Dis
trict Court, and before any appeal was
taken, McGarrahan without any notice
of the fraud of Gomez, for aught that
appears, except that the papers show
| that Ord, the District Attorney, was
owner of an interest in the claim, bought
! the claim for a valuable consideration.
. But the United States, represented by
| the late Edwin NJ Stanton, afterward
appealed the case to 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 land under the
name of the New Idria Mining Company,
had developed the quicksilver mine in
the land in dispute, worth, as is alleged
some s. ,ooO, 900. This company has al
ways appeared in the courts and before
Congress in various forms as the oppo-
nent of McGarrahan, claiming title to
| the land, and the question has always
been dealt with as if it were one inter
esting only to these two claimants.
McGarTahan sought an act of Con-
gress conferring the title of the land to
| himself upon the ground that he bought
without knowledge of any defect in the
Gomez title, if any exists, after the
judgement of United States Court has
been given confirming that title. The
majority of the committee were not con-
vinced of the validity of his claim or OF
his equitable rights, because, first, Com
ez did not appear ever to have had any
title; and, secondly, that the very ingen-
! ious and able attempt to import the prin-
cipIes of law securing the rights of Pur-
/ e 1
paper before it is due into the law con-
cerning real property could scarcely
succeed. Upon that point the committee
were inclined to hold that purchaser
of land bought no greater title than the
seller had to sell, however much title
| the seller might have appeared to have
and for that, because the matter had
been fully adjudicated in the courts, re-
ported against the pretensions of Mr.
MCGaTrahan.
Before going on with the hearing
however, the committee directed It's
chairman to request the Secretary of the
| Interior not to issue a patent to any
body to the land until the committee haC
finished the investigation in the premis
es. This request of the committee the
Secretary at first promised to comply
with, but afterward was very unwilling
to adhere to his promise, being quite
desirious apparently to give patent tC
the New Idria Company, and asked The
opinion of the Attorney General whethe.
he was bound to withhold the patent al
the request of the committee. OF course
the. Attorney General replied that he wa:
not so bound by law ; but the committee
came to the conclusion that they would
make it very incOnvenient for Mr. Coz
if he would not listen to their sugges
ton and keep his promise to them. The
Secretary, however, upon consideration
thought it best not to issue the Paten
till the committee had finished theil
labor
When the committee had agreed upo1
a report as to the rights of McGaTrahan
not with unanimity, however, on,
of their number suggested another con
sideration as seeming to him worthy 0
investigation, which was that while tn
United States had spent some quartz
Of million of dollars, more or less il
defending this land from McGarrahan'
claim, all that money seemed to have
been spent in the interest of the New
ldria Mining Com pany, and that mem
Der Of the committee desired to inquir
by what title the New Idria Mininy
Company claimed to hold the land, an,
was informed it was only under tn
mining laws of California. He then raiset
the question in the committee how
was that four persons, who could onl,
hold, under the raining laws of CalifOr
MA, as It was understood, one THOUSAND
feet each of Mining lands, could CLAIM
many leagues of land against the Unite
States.
In the waning hours of the session
just then closing, there was no time t
summon the New Idria Mining Com
{ pany TO make good their title or furthe
to investigate the same, and it was sug
gested that the whole matter lie over til