The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-11-10
VOL XXI.

bone OF contention. McG arrahan then
sought to force the Department T. issue
him patent by a writ Of aaa7aconlats from
the Court OF this District, and AFTER the Ut
precadsHted action OF that Court IN allow
ia ING sIe r,sra! sIas ~ The u s. Supreme Caurt
reversed and annGllen the proceed ln2
in the court below, ia Judgment
np36 g91Su ali concerned Ia procnriSyy ly
such an action McGarrahsu stands
before the Department therefore as -
fraudulent claimant, who has Twice been
foiled and cond mned in hts fraud By the
slightest court IN the nation, and whose ef-
also failed IN hts cia m for st'll further de-
lay. IN oFdsr that he may try whether he
cannot Yet obtain legislative action IN his
favor which may giye hinl tilat which the
courts have 0ete mined that he has no
rigot 10, under the Law, seems to me worse
than baseIess, and I should feel as II
were party 10 a wrong upon Congress-
were willingly to 90 anything to subjset
them to further annoyance from sucn q
visor OF the Government, therefore, and
in fun accordance with my own sense OF
right and duty, have said the De.
partment Will no longer delay In
proeeedIDg with its business accord.
ing to law, AZ this stage I find my
SER met nv anofher effort st otstructfOil
Mr. McGarrahan b~ings suit In the same
Court of the District for an Injunction
AGAINST the New ra-Mining Company, to
forbid them from applying for a pat.nt
for the lands they claim under the statute,
and that, too, although the Company Is In
California, wholly out of L. Q ia risdfctiOn
OF the Court. Nor Is IL pretended that what
a lawful service owes TO a writ can be
made them. Their attorneys here are
made defendants, and the Court is ASKED
10 forbid tnem from prosecuting their
clients case before the Department., which
has Jurisdiction of IL, and this, too when
In the zadnddanlss case last Winter, the Su-
preme Court deciued that tho Jurisdiction
Ogtne Department was exclusive ana aO-
S6iiy interfere. f The DspaTtnaent is not
party to this suit; YET L have had
to-day a notice served upon me to
appear before this Court on the
30sh inst, and show cause why an attach
znent should not be issued against me for
directing the Land once 70 go forward
with its business II the Federal Execn-
t1s 9 is to be at the mercy Of such proceed
fugs as these We had justly become the
To snow you still further the kDaveTy of
Meg 4rrahan's conduct: A gentleman al-
lowed me to read letter directed to him
by one OF McGarrahan's attorneys, In
which the attorney offered for McGarra-
han stock in mis- california claim to the
mount of s2O,O 600, for the use of his fnfiu-
eUce with me 10 procure favorable action
TO him in this department.. AS to appear
ing before the court, am at a less what to
do. The Attorney General has gone to
Georgia and leaves no assistant who is an
experienced Advocate, his departm ent,
as you know, not being fully organized,
The district attorney, who would be the
one to whom I should go next Is
Judge Fisher, who was one OF the
two Judges who signed the writ OF
he could not defend the Department with
ont condemniug h mgeIf, and Congress,
partments the right 10 employ special
counsel. Ny beliefthat the dignity of the
Executive, and IT. Independence, Will be
nkeiy to cease during your adminisir iratton
and think the situation fully warrants
your telegrsphing TO the Attorn-y Gen
erai, If not all the Cabinet, to meat you
here before the Both. For myself, as am
conscious of having fought fraud with
such vigor as could, can ma ze no COM
extent, your approval Of my course, must
beg of you to relieve me at once from the
duties, which, without your approval, l
shall utterly fail. In begging to be re-
mem bered with great respect to Mrs.
Grant, remain very truly yozrs,
Mr. O. KS last letter to the P. e:ident, al.
ready pu D. iished, Is dated October Sd. 1t
will be observed, however, in this letter of
August 23d, Mr.. Cox 1nt1mates strongly his
determination to resign, in case the Presi-
dent refused to support him In his views
about the Mcdarrs han claim. TO this let
tacitly refusing 10 abandon the position he
mad taken on the question OF tssutng the
| Mr.. Coxis last letter, which seems TO imply
an interference on the part of somebody
| with the Indian policy OF the administers
I ton, it should be understood that the
/ President had no issue with Mr.. Cox on
/ that subject, nor dld he permit any out
| side Interference. The only thing that
/ could pos IDLY be construeI in this way
| was the Presidents 1ndOrss sment on q let
ter from Senator Chandler, addressed
/ to him at Loug Branch, aud which
was afterwards sent TO Secretary Cox.
/ This letter recommended, in earnest
| terms, the appointment as Indian Agent,
4 in Michigan, of Mr.. BrOckWay. Method
/ ist clergyman, in that Siate, who had sue
| cessfuiiy labored as "A unis. mary among
/ the Indians. He had already served as
such Agent, and had been superseded
| when the Indian Agencies had been put
\ in charge Of military officers. ] he PreSl-
1 dents q dorsement on this letter. was to
the effect that the person recon msnded by
Senator Chandler might be appointed, as
| 10 would not change the p )licy Whicn nau
been adopted in regard TO appointments ts
dent added at the sa me time, that he wa:
s1xIoTs ia meet the wishes of Senator
1 Howard, who concurred IN the request
The endorsement about the appolatmen
was merely or an advisory charac er
II is generally known ina the Presiden
is the author of the policy now pursued D,
Lhe government towards ths Indians, ant
| the people, may be, rely upJE the fact tina
| no departure will be made from that poll
cy so long as he is President, no matte
what ohaages may take place In the Caoi
net. With regard 10 the reforms IN tn
civil service, aiiusion to which is made Il
stood here and elsewhere By all wn
: have anything 10 do with the EH
ecutive Departments Of the Go gerI r
| OF President Grants administratio
particular attention has been given TO Ia
: | matter. The Pres dent himself with ever
= | member of his Cabinet, have without an
: | formal parade or show, m tde II cond
. tion that no person shail celVe an once
!, | without Fl ST undergoing an exIminatlol
| the object of which ~ to ascertain nrst II
I, | fitness tor the place, and second his cna
. | actor for fidelity and integrity; as q mate
Z of course, preference Is gwen to person
y who are known TO entertain The sam
r political views as the President and u
l members of his administration. But tn
has Ia no instance, so far as is know
been allowed to override the other nece
sary quatifi oations for office. the generi
misunderstanding which seems to ext
with regard to the causes which led to q
Is fefireulsnt OF MIR Cog from tue Cabint
II seems TO call for this statement or facbs.
t a=z=----
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