Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1870-12-01
LOWELL, Nov. II, 1870.

LOWELL, Nov. II, 1870.
Ny attention has been called 20
the several statements of the news
papers about the McGarrahan
claim, and its relation to the con
troversy between Secretary Cox
and the President. / do not think
the merits and the position of the
case are exactly understood hy the
country certainly one view of them
has not, to my knowledge, been
stated.
II became my duty, as a member
of the Judiciary committee of the
House, to take part in the investiga-
ton of the case and to hear the
very long and able argument on
either side in behalf of the McGar
rahan claim and that of the new
Idria Company for many days du-
ring the last Congress; and after
the fullest investigation and the
most patient thought 1 could give
to the subject-and, l will add, from
motives of personal friendship to
those urging the claim on the part
of Nc Garrahan-I found myself
unable to come to the conclusion
that McGarrahan had any right tc
the premises.
His claims may be briefly stated
in few words. Almost at tn G very
moment of the abandonment of
California by NJ Ii
'Torrena. the Mexican Governor,
one of the clerks in the office of his
Commissary, Vicente p. Gomez,
claims that Michael Torrena gave
him a gra. t of the land now in dis
pute, containing many leagues, and
alleged to be worth number of
millions. The proper and docu-
mentary evidences, however, of title
were not fonnd in the Mexican ar
chieves The claim was brought
before the Land Commission estab
lished by Congress 10 adjust such
titles and was by them rejected.
Upon appeal to the District Court,
however, after the decision of the
Fremont case, the claim was adjudi-
Gated by that court in favor of Go
mez, the clerk in the Commissary
Department, under whom McGar
rahan claims But the unfortunate
fact was that one Pacificus Ord, The
United States District Attorney,
who ought to have protected the
rights of the United States, was at
the same time joint owner in the
claim, having purchased half of it
of Gomez-a fact which, in my
Judgment, taints the whole procee-
ding, and the tains is not in apy
way. Iessened, because in other
Mexican grants Gomez admits that
he was accustomed to forge the I'll
tie 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
District Court. and before any ap-
peal was taken, McGarrahan. with
out any notice of the freud of Co
mez, for aught that appears, except
that the papers show that Ord, the
District Attorney. was owner of an
interest of the claim, bought the
claim for valuable consideration.
But the United States, represen-
ted by the late Edwin NJ Stanton,
afterward appealed the case to the
Supreme Court, and after procee
dings there of great length and
cost, some of which could we'll have
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 per-
sons had entered upon the land un-
der the mining laws of California,
and under the name Of the New
Idria Mining Company had devel.
oped the quicksilver mine in the
land in dispute, worth, as is alleged
some $5,O0O,000 This company
has always appeared in the courts
and before Congress in variou:
forms as the opponent of McGarra
han, claiming title to the land, and
the question has always been deal
with as if it were one interesting
only to these two claimants.
McGarrahan sought IN act o
Congress comforting the title of thu
land to himself on the ground tina
he bought without knowledge of any