The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-21
THE M'GARRAHAN CLAIM.
General Buffers Opinion
of the Case.
Tho United States tho Real Owners Of the
Mines-Prosident Grants Interference was
Simply to Pratect the Goyernmsnt-
History Of the Case Before
Congress and in the House
Judiciary Committee.
LOWELL, Nov. IL, 1870.


LOWELL, Nov. IL, 1870.
Ny attention has been called to the several state
ments VI the newspapers about the McGarrahan
claim, and It's relation to the controversy between
Secretary Cox and the President do not think the
merits anu the position OF the case are exactly I'M
derstooi by the country certainly one view OF them
has NOT TO my Knowledge, been stated.
II became my duty, as member OF the judiciary
Committee OF the House, to take part in the investi-
CATION Of the case and to hear the very long and
ai'e arguments on either side IN behalf OF the
McGarrahan claim and that OF the New IdrIa Com
pany 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,
rom motives OF personal friendship TO those urging
the claim on the part oil McGarrahan--I found my
self unable 10 come TO the conclusion that McGarra-
han had any rights IN the premises.
Ills claim may be briefly stated In few words
Almost at the very moment Of the abandonment
OF California by Micnael Torrena. the Mexican
Governor. one OF The clerks in the once OF his
Commissary, vicente +. Gomez, claims that Michael
IorrcDa gave him a grant OF the large amount of
land now in dispute, containing many leagues, and
alleged 10 be worth number OF millions The proper
AID formal documentary evidences, however, OF title
were not found In the Mexican archives. The claim
was brought before the Land Commission estab-
lshed by Congress 70 adjust such titles and was
nv them rejected. Upon appeal TO the District
Court, however. alter the decision of tie Fremont
Case tue claim Was alJudcaicd by tnat court IN Ia
yvr OF Gomez, the clerk IN tue Commissary Depart
ment, under whom McGarrahan claims. But tho
unfortunate fact was that one PAcIhcus Ord the
United States District Attorney VINO ought To have
briceied tue rights o the tinted States was at the
same ,iine Jsint owner n the clam, having pur-
cnaSed naIf oi Ut of Gomez-a fact which. In nv
judgment, rants the wbOie proceeding. ana Ihix
talnt ~ not m any way esscned, because m other
Mexican grants Gomez admits hat he was accus.
TONED 10 forge the title grants IN such claims show
In bis carabi NY In that line by dong IL IN Open
court. ~ piescnce OF the Judge Alter a.Judica-
ton ~ the hstfint Court and before any appeal was
taken, McGarsa nan witiiou. any notice the fraud
OF Gomez, ior aught mat appears except that the
papers snow that ord, the District AttOrney. was
o. ner oi an interest In the claim, bought tue claim
Ter "a valuable consideration.
Edwin N. stanton, aiterwards appealed The ease to
tne Supreme Court, aud alter rrocce .lngs there OF
great length AM cost. solc vi Whicn could well
have been a,erent aud winch 1t Il un .ecessary 10
go into the Claim WAS adJudicated Us wholly void
ana set ASIDE.
Ia the meantime some four persons had entered
upon the iana under the mining laws Of California
Nd under tue name o. the New Iirla aiinin2 Com.
pany had developed the quicksilver nine IN the iand
inasspute. worth. as s alleged, 1000 90. Tnis
company mas always appeared IN the courts aud
before Congress ~ various iorIns the opponent
Of McGarranan, claiming utlc 10 the laad ana the
question has Always been dealt with as II II were
oae Interesting only 10 those two claimants.
McnarraLan sought an act OF Congress can.
ferrng the title ii The land 10 himself uuon Inc
Rround that ne ooulht without knowledge OF
ANY ucfcct IN the Gomez ttc, II any exists
aiier the judgment of United Sialcs court
had been gwen confirming that title. The ma.
IoiI oI tue committee were not convinced OF
the saiidi ~ his claim OF MS equtao.e rlrn,s
because hrst Gomez dad appear ever 10 nave nuI
amy ttle AMI, secondly, that the very IDIenIous
aud able attempt 10 import the prime pies OF law
securing the rights OF purcnaseIs, without notice
OF commercial paper be ore u Is due into the law
concerning real property could scarcely succeed
tp0u IOt1l the IN
hold that purchaser VI lana bought no greater
title ,nan the seller had 10 sell, however much
ilie tue scIer m pht have appeared IL nave; and
Tor tnat aud because the matter had b. Ell fully
adj udcaed IN the courts, reported against the pre-
tensions vi Mr. McGarIanan.
Bcivrc gong on with Tue hearing, however the
Committee directed It's cha ran TO request the Sec
Rotary VI tue ln error MT 10 issue paent TO auy-
body 10 the land until lie committee had finished
the Investigation IN the premises. lhls request oi
the committee the secretary at nrsl pa omIse. TO
comply with but afterward was very unwilling TO
adhere 10 his promise, being quite desrous appa-
renty 10 give patent ~ the New Idria Company,
ana asked the opinion OF the Attorney General
whether he waS bound ~ Withhold the patent al tie
request Of thdGOmmtiee. VI course the Attorney
pepelAl reJiicd that ne was not 80 bound by law;
but the committee came TO the conclusion mat tney
would make ~ very announcement for Mr. Cox n no
woaid NOT listen 10 tneir suggestion AMI keep his
PROMISE 10 Them. Tue Secretary, however, upon
CONSIDERATION. thought u best not 10 issue the peut
tai me tolnini Tee bad dashed her iabors.
When the committee nad agee1 upol re.
port a. to the rights OF Mcoarranan, not with
va
gesled another consideration as seeming 10 him
worthy ~ investigation, when was that wnie
tile United STATES nau spent some quarter OF q
iniilicn VI dollars. more or less, aeending ms
land from M11arrahan's Claim, all that money
seemed 10 have beca spent IN the interest The
New idaia AIMING Company, anu tnaf MEME OF
the Committee desired 10 inquire 10y WHAT title the
Nes lara Minn2 Company claimed 10 hold the
land and was informed u was only under me min.
ing iaws ol ,aOfaia. lie tnen raised the question
~ the c0nmiigte how II was that four persons VINO
could only hold, under The mhlng laws 81 Gamer
lorna, a. ~ was understood one thousand feet
eaci OF mining lanas, could cam many ea cues VI
Land AGAINST the Al .led states
In the waHing hours 81 the session, Just then
coslng. there no time 10 summon toe New iaria
nln1 tonipaIs - MAKE good their liic, iurtner
L. ik estgale tne sane. ant 10 sne este,I that
Tue whole naller he over u the next Congress- and
tat IA the meantime no paent should s. 10 any
tVly unti the rsnts "a ll.s Iaised States could De
Determined.
n seems that during the vacation the New Idrla
Company pressed upva secretary OK, aud ne was
aboal, hIs letter shows. 10 issue psten ~ teni
whiCh mOula have bseu good a. against tie nited
States. Tie fie-dtLt ntefltreA % prevent H. ~
H. generally UNDERSTOOD thal tnat inter efence ~ IN
benail q, ActsaTt anan. ! 10 not be lesc that
ever but tnHt ine peope OF tie rned states nave "
rignt millions o properly IN tnat cia4ul. wuica an
earnest aud carciml investigator, "a wuC4 tno
government snOa.a be fesa seated, Wa sHJs ~ D.
long 10 ~. The President has only been boidina the
title 10 tie lani in absy 4th Toe committee u
inycs lgsi0n. AMI detsrmne Nhat the RMS VI tue
United safes are m the premises. For tnis think
ne ought 10 nave the thanks al huncst ana luul-
BENJAMIN r. BUTLER.