The New York herald., 1870-11-16
Tho McGarrahan Case-A Tempest In

INSIDE as outside OF the republican party, Dut
especially those inside Of 1t, have been making
most malicious efforts to defame President
Grant In connection with the now celebrated
McGarrahan case. There never was a more
miserable pretext for abusing public officer.
President Grant acted in that matter within
the exact line of his duty. The question was
one of which the House Of Representatives
had assumed jurisdiction, and when the Pre-
sident learned that Secretary Cox DESIGNED
deciding it on his own responsibility, regard
less Of Congress or Of the courts, he
simply warned him not to interfere with
it, but to leave the matter where it was-in
the hands of the House Of Representatives
and Its Judiciary Committee.
The case itself is remarkable ono. Some
twenty years ago and more McGarrahan, then
merchant in San Francisco, purchased
claim which one Gomez, Mexican, had to .
three league tract of wild land in California.
This claim had been presented to and rejected
by the United States Commissioners who were
appointed to examine and adjudicate private
land claims in that State. II was rejected NOT
itself, but because Of want Of occupancy.
Subsequently, In the famous Fremont case, the
decision was made by the Supreme Court that
want Of occupancy was no bar In law to the
efficacy Of a Mexican grant. Thereupon
Gomez's case was presented to the United
States District Court in California, the decision
of the Commissioners was reversed and the
right of the claimant decreed.
In that stage of the case McGarrahan
became the purchaser Of the claim, paying
for it price equivalent to its apparent
value, for the land embraced In the grant was
of little worth for agricultural or pastoral pur-
poses, and no minerals had then been discov-
cred on it. But very soon afterwards, and
before McGarrahan could have it surveyed
and patented, it was found to contain rich and
extensive deposits of cinnabar. The miners
who made the discovery squatted upon tho
land, and quicksilver mining company, now
known as the New Idria Company, was
formed, which took possession OF and now
works these mines, which are not very Inferior
in value to the New Almaden quicksilver
mines. Under the general mining law passed
by Congress few years ago each miner has
a pre-emption right to certain space Of
mineral land and the members and employees
Of the New Idria Company, each claiming the
space allowed, cover with their pre-emption
claims the whole mineral bearing surface Of
McGarrahan's grant.
As the law allowed to the government or to
I'll Oh nj NP 10 toko
appeal from the decision of the District Court
to the Supreme Court of the United States the
decree granting the patent to McGarrahan
was appealed from, and some most remark
able proceedings took place, involving the
integrity Of judges, district attorneys, clerks
persons high in Office, and in the
course Of which it appeared pretty con-
clusively that Gomezs pretended grant was
fraud, that the papers In support of it were
forged and the evidence sustaining it was per-
jury. The Supreme Court therefore decided
the Supreme Court had no legal jurisdiction Of
the matter because of the expiration of the
time when the appeal should have been taken,
appealed to Congress for relief, and his petit
ton was referred to the Judiciary COMMITTEES
in the House of Representatives. That COM
subject last session, but has not yet made any
final report or been discharged from Its con-
sideration.
This is the condition of the case at the pre-
sent moment, and was last August, when
Secretary Cox proposed to cut the Gordian
legal knot by issuing patent for the property
to the New Idria Company. 1t was that act
of usurpation which the President prohibited
the Secretary of the Interior from commit
ting, and hence all this tempest In teapot.
AS to the claim to the Panoche Grande rancho
the title by which it is known in the proceed
ings-it is pretty clear that neither McGarra-
han nor the New Idria Mining Company has
any legal right to it, the original grant in the
one case being forgery, and in the other case
miners having no right to squat on lands COW
cred by claim. The equity of the case, how
ever, is with McGarrahan; for he bought in
good faith claim adjudicated on and passed
by the United States District Court after all
proper formalities The property really belongs
to the government of the United States; and
the proper disposition to make Of the whole
matter is for the government to oust all the
claimants and take possession of the land, to
dispose of it afterwards as may be deemed
best.
STILL ANOTHER SELF CONFESSED NATHAN
MURDERBR appears on the scene. This time
the anxious candidate for few days noto-
riety, even at the risk Of premature eternity,
makes his bow to the Sheriff in Boston, who
oonscientiously and kindly locks him up. We
have become perfectly incredulous about these
conscence-st stricken fellows. We shall not
believe any man who claims to be the MUIR