, 1870-11-26
THE MGARRAHAN CLAIM,

| like to be cfose to where tte hottoua seems I
ba dropping out OF terrestsia thinss.
| THE MGARRAHAN CLAIh.
General Bnsler'x Opinion of sh
s:akc-The UnJtrd States the Rem
O.xncrs OF thc Mines.
LoW1t1. Nor. II.
My attention has been called to the sewers
statements uf tho newspapers sbou. the Nc
GAI12hnE cl1itu, md lts relation to the contru
vtrsy between Secretary Coz and tho presi
dent. I DO not think the merits and the posi-
ton OF The case are exactly understood BY tht
country; cerraiuly ona view OF them has not
to INF knowledge, teen slated.
Il became ny duty, az ! member Of til.
judiciary Committee Of the Home. to takt
part in The Investigation OF tho c4se, ana tc
hear the very long and Able arguments OF
eisher side IN behalf OF the Acffa7ahar
claim and that Of the New I3ria Cou1.
pany fc1 many days curing tn. last Congress-
and after the fullest Investigation mud the
most patient thought could give 10 tho sub.
tect-ard. will add, frum motives of per.
sona1 hie ndsbip TO those urging tho Claim IN
the part Of McGArrahar-I fynnd myscls
unable to come TO tho conclusion thst Nc
Guardian had any rights in the premises.
His claim may bs briefly stated in u fca
WoEds. Almost At the ver5 moment OF tha
1bat dupment of CAlifcr.ia By Michael
Totrena, the Mfxicsn Governor. one Of the
cletks in the Office Of his Comuaiss arv, Vicente
| 7. Gomez, claims thst MlchAel Torrena Eava
| him Grant Of the large amount Of land now
| IN d's1ute, confaintnG many tongues. and
alleged to be- worth i number OF millions,
Ihe prorer and fornd i documentary evi-
i. uct t. however, Of title wero not found in
the Mr1i:an archives. Tbs cl,im was
lrcueht before the Land Commission eel lb-
'sshed os Congress- 10 adjust euch titles, and
Nas By them rel iectea. Uoon appeal to the
District Court. however. 4fter the decision OF
the Fremont case, the claim Was adjuIiaated
y tEat court in favor OF Gomez, ths clerk in
lbs C"mnissary Department. un1er Hhom
McGsttahan claims. But the unfprtuuste
ftct va that one P4cldcus Ord, tue Uoited
st.tes District Attorney. who ought t. hare
psotecte. the fiGbte Of the United States. was
hafIng purchase half Of it of Gomez-a fact
WHICH, in nay Judgment, taints tho whole uro-
ceet,nE, sna this tatnt ia not in any xay les
sene5, because in otler Mexican g1.nts
lcnf admits that he was accustomed to
forge the title grants in such claims. shosinr
his eapabllity in that line By doing it in onen
eonst in presence Of shs Judge. After i'd
Indication Of the District Court, and hefore
sny appeal Was taken, McGarrahnn, without
asy notice Of the fraud Of Gomez, for aueht
that ap2ea1e, except that tbs pspers show
Of an interest in the claim, bought tho claim
for Valuabe consideration
hnI tho United States. represented by tho
ste Edwin II. Stanton. afterwards npreal.d
the case TO the Supreme Court, and after prp-
cseoinEs Etts OF great length and cost, some
.a;s VI sh'gn oouu well hase been different aud
Hss sd1ualcated "a wholly void and set aside.
In the meantime some four persona had en-
tered upon the land under tho mining laws
Q! Cal!io1n1a, and undor the name OF tha New
1atla alinlnG Comnany hid developed tie
qu'cksAver mine in tbs land in disnute. Tatrtb.
~ anegeo' some s5.ooo.0 600. Ttas company
pas Always appeared tn the -anrts before Con-
Sresa in various forEs As the opponent OF
Acdsffahan- cssaimlr6 title to the land. and
tue l1,e:s.s1on has always been dealt NTH u Il
It we're one interesting only to those two
claimants
McGatrahau sought m act Of Congress con-
ffr1irg the title OF tho land to biuself nnnn
The ground hat be bought without knnxta!1ea
Of any defect iu the Gomez title. II xnv AZ.
tste, Alter the Judgment OF United States
court had been given confirming That title.
The majority Of the committee were not cpu-
equitable nghts, because, first. Gomaz did mr.
al pear ever to hare had any ti,;e ,,3 80.
oudly, that the very ingenious and AHA NJ
tempt to import the principles of Isw sncnr;no
the rights Of purchaser without noticn. n
commercial paper before it is due into tho
-" SAAkElNlDh AEAl ElUEG{fP could hNXf1AEF
succeed. Upon that point the commt;tpa
we're Inclined to hold that purchAyer OF
land bought no greater tit]o than thn aetter
had 10 sell, however much titIe the seilar
might have appeared to have; ana for thst.
and because the matter had becn fully adiu-
dicatcd In tho courts. reported against the
pretenslons Of Nr. McGarTahan.
Before going On With the hearing, however,
the eomn1l'tee directed its Chairman 10 ro-
quest the Secretary Of tbs Interior not to ia-
sue patent to pybody to the land until ti.e
con'sE lttse had finished tho Investigation in
iGe Premises This request Of the committee
the Secretary At tirst promised to comply
With, but Afterwattl was very unwilling To sii-
here to his promise, being desiruus, appas-
emily, to Esve patent to the New Idris Com
Iany, ana aaked the opinion Of tho Attorney
tha Ienesas s. whether he w.s bound to Withhold
X. tue @ paaent y re request Of tue eommittss.
ol course. the Attorney General replied that
he WAS Eot 90 bound BY law: : but the commit
tee came to the conclusion that they would
would no. listen to their suggestion, aud Keep
us promise 70 them. The Secretary. hoEey-
issue The patent Till the committee had fn-
1shsd their labors.
When the committee had agreed upon re-
port ~ to tbs rights Of Mc(aIrahan, not with
unanimity. however, one of ther number su9-
eeafed another consideration as seeming 10
while the United States had epent come auar-
ter Of million Of dollars, more or less. ID de-
Tending this land from McGarrahap's claim.
al that money seemed to have been tpeat ia
the interest Of the New 1d1ia Mining Conpany.
and that 4 member Of the committee desireI
10 inquire By what title the New Idra Wipinr
Company cl2imed to hold the land, and wasin.
formed thst it xss only under the mininc Ia3s
of calfo1nia. He thea 1aised the question in
ths committee bow it was that four persons.