The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1870-11-17

U
/ the department on the ground that
/ the lands were onlyagricultural lands
and did not contain gold, silver, or
Luuicksilver mines, and might, there
/ fore, be bought at Sl.25 per acre. This
was refused by Mr.. Browning, my
! predecessor, on the ground that the
lands were mining land, and the New
] Idria Silver Mine was nOIOriously q
bone Of contention. McGarrahan
! then sought TO force the department
TO issue him a patent by writ OF
mandamus from a Court Of this Dis
trict, and after the unprecedented ac-
I ton of that Court in allowing a writ
against me after Mr.. Browning's re-
] tirement, the United States Supreme
| Court reversed and annulled the pro-
tceedings in a court below on a judg-
ment which reflected with great Sc
verify upon all concerned in prOeur-
ing such orders. .....
The action of Mr.. GarTahan, before
the Department, therefore, is as q
fraudulent claimant, who has twice
been foiled, and condemned in his
fraud by the highest Court in the ma
ton, and whose efforts to procure IA
vOrs from Congress have also fsiled.
His cain for still further delay in or
der that he may try whether he can
not yet obtain legislative action in his
favor, which may give him that
which the Courts have determined
that he has no right to under the law,
seems to me worse than baselesS, and
[ shall feel as il were a party to u
wrong upon Congressman, if [ will
lingly do anything to subject them to
further annoyance from sucha source.
Under the opinion of the legal advis-
ers of the Government, therefore, and
IN full accordance with my own sense
Of right and duty, have ssid that
this Department will no longer delay
in proceeding with its business, ac-
cOrding 10 law ....f.t t...'...r
At this stsgeI find myself met by
another effort at obstruction. Mcfar-
rahan brings a suit in the same court
and district for an injunction against
the New Idria Mining Company, to
forbid them from applying for pat
ent for lands which they claim under
the statute, and that, too, although
the Company is in CalifOrnia-WAolly
out of the jurisdiction of the court.
! NOri it pretended that lawful ser
vice of writ can be made on them.
J. These attorneys here are made de.
] PENDANTS, end the court is asked tC
I forbid them from prosecuting theil
clients. The case is before depart.
inent which has Jurisdiction Of lib
and this, 100, wien, in a mandarin.
case last'winter, the Supreme COuFt
decided that the jurisdiction Of thE
department was exclusive and hbsO.
! Lutte, with which no court could law.
! fully interfere. HiHf.ff la sfr.f
The department is not a party tC
/ this suit, vet / have had 10 obey alnO-
! tice served upon me 20, appear before
! this court on the 30th inst, TO shaw
/ cause why an attachment should moi
J issue against me for directing TIT
Land Office to go forward with its bu.
siness. II the; Federal executive is tC
be at the mercy of such proceeding.
as these, we shall Justly becBn1elt the
contempt of the, niItion and Of the
world. To show YOU still ftIrBher tin
unblushihg kRaYeFy Of AoGahallbn':
conduct, q gentleman allowed me Il
read q letter directed to hinR by ont
| of McGarrahhn's attorneys in which
the attorney offered McGartahan'!
/ stock in his California claim ito thE
amount of twenty thousand dollars
] for the use of his Influence with me Il
| procure favorable action to him il
/ this department. AS to appearing be
! fore court, [ am at loss what 10 do
The Attorney General has gone tC
i Georgia and leaves no assistant who
/ is an experienced advocate, his de
partment, as you know, not being
1 fully organized. TheDis0riet Attorn
ev who would be one to whom
should naturally go next, is Judg'
! Fisher, who was one of the Judge.
who signed the writ of mandarin
last wear, and ofle5uTse. he could no
4 defend the defendant without con
! damning himself, and Congress; las
winter, took away from the other de
, partments the right 10 employ specia
counsel. l think the situation full,
warrants your telegTaphing to tn
n Attorney General, il not all the Cabi
net, to meet you here before the 30th
For nyseIf-as Lam conscious Of hav
inx fought fraud with such vigOr as
could-T can make no compromise
and if / fail to deserve to the fuIles
extent your. approval of nay course
: I beg Of you to relieve me at one
from the duties which, without you
support, 1 shall utterly fail in. ..sr
Begging to be remem bered, wit
! great respect to Mrs. Grant, l remain
very truly yours, H ..r j. ID. CON-
To the President: -rH"' } b. .''.
The rest of the correspondence i
thus condensed by the reporter for th
, Associated Press :-t.frsHH 90 HrHis'nt
,, MIR. Gox's last letter to the Presiden
! already published, is dated October
, It will be observed, however, in thi
: letter ofsAuguSt 23d, Dir. Cox int
mates strongly his determination {
7 resign in case the President refused (
support him in his 1Tiews 'abDJt tn
/, AIcGarrahan claims. To this lette
= the President made no reply, thu
: litacitly refusing to abandon the propC
! Isition be had taken on the question
r issuing land patents, With regard
that part Of Mr. Co.'s. letter, whic
. seems to imply an interference o
: the part Of somebody with the India
: policy Of the administration, it shoul
: be understood that the President ha
! no issue with Mr.. Cox on that subjec
nor did he permit any outside intel
> ference. The only thing that conl
I possibly be construed in this way wa
. The Presidents endorsement on a le
: ter from Senator Chandler, Of Mich
: gan, addressed to him at Long BrancI
and which was afterward sent to. Ser
retary Cox. This letter rrecOmmendg
in earnest terms the appointment {
q Indian agent in Michigan, of NJ
e I Brockway,, Il Methodist Clergyman
= that State, who had successfully lal
l. ored az a Missionary am ing he Ind
= ans He had already served .s sue
= an agent, and had been supersedC
5 when the Indian agencies were place
4 in charge OF military officers. I'll
) Presidents endorsement OF this lett,
a was to the effect that the person r
: commended by Senator Chandl'
{ might be appointed, As II would NJ
change the policy which had bee
: ad0pted in regard to appointments f
that branch Of the service. The Pre-
: ident added also that he was anXiOI
r n meet the wishes OF Senator How
q ard. who conCurred in Senator Cham
t ier's request OF the endorsement ab
Y the appointment was merely of !
/ advisory character. II Is general
! Known to the country that PresideI
/ Grant is the author Of the policy no
e being pursued by the government Z
. wards the Indians, and the people ma
/ relv upon the fact that no deFaItu
4 will be made from this policy SO Ior
4 D L T-1-s.I,v,F matter Wghl
= changes nay take place in his cabin
f with regard to refgrms IN the cav
e service, aHusiOn to which lg made
q his, last letter to Mr.. Cox II is we
VRdOrstoed here and slssThsrs, BY