The Portland daily press., 1871-03-03
Letter from Warrington.


A ROMANCE OF CORRUPTION AND CHI
CANERY.
The Senate have refused so far to consider |
the joint resolution passed week ago to-day, |
directing that the records in the General
Land Office, known to be mutilated, and the
patent which it is shown was fully made out
in 1868 to William McGarrahan, and also
withheld and mutlated, should be restored to
the roll as they were on the 18th of March,
1868, and that the President then take such
action as in his judgment he may deem equity
and the interests of the United States to re-
quire.
The whole case of the United States VS..
VIM. McGarrahan is one of the most remark
able transactions the history of judicial and
legislative proceedings in this country has re-
corded On the record the United States
stands as PLAINTIFF fact which speaks vol
umesfor the shrewdness of the real opera.
tion-the New Idria Mining Company. 1t is
good thing for such corporation to make
the government bear the expense of defeat
ing a man on. whose land it is more than
probable they are interlopers, while it is quite
certain that whether McGarrahan or the
United States are the rishtfal owners of the
land claimed to be covered by the Panoche
Grande Grant, the New ldria Mining Com
pany had no title OF any kind before the lat
ter part of 1866, and since then could claim
only the mining presumption rights Of 1000
feet for each of seven corporations, think.
But in all this light the United States has
been used to pull out the New Idria chest
| nuts. 1 have always hitherto been inclined
! to maintain the view Gen. Butler holds-that
| neither party are entitled to the lands-they
being the property of the United States.
As the recent report, adverse to McGarra-
han, made from the House Judiciary Com
mittee, was framed and supported by Mr..
| Peters of your State, the matter, apart from
its own merits, may have interest enough TO
| warrant
BRIEF SUMMARY OF THE CASE.
In 1884, the Gomez family obtained
grant, known as the "Panoche Grande," from
the Governor of California. The records were
destroyed with others, at Monterey. By the
treaty Of peace these Mexican grants were
| recognized A commission was appointed to
| examine into them. Gomez in February,
| 1858 proved his title to the grant. The COM
mission held that OCCUPATION was necessary to
full validity. In 1856 however, the Supreme
Court decided in the Mariposa case, that such
occupation was not essential. In the year
1857, the U. S. District Court set aside the
Commissioners decision and declared the
Ia to fho
was valid. Later in the same year, Mr. Nc
Garrahan, merchant in San Francisco, act
ing under aivice of friend, purchased
Gomez's interest for $l,1OO:
Subsequent action is thus clearly stated by
Mr.. Beck, of KY, in remarkable speech he
made on this matter:
"The first step taken after he purchased the
property was the appeal by the United States
to the Supreme Court, which was granted as a
| matter OF course, on motion 9th district at
torney, on the 18th OF March, 1858. along with
six other cases. The December term for 1857
expired April l6, 1858. After several efforts
McGarrahan obtained complete copy of the
record, which was mailed to him from Los
Angeles September "a, 1858, by WV. Stet-
son, deputy clerk. He brought il to Washing
ton, and alter much vexatons delay, prln-
| SAPASooAoAAo
and indecision on the part of Judge Black,
then Attorney General, Thomas Francis
Meagher as McGarrahan's attorney, argued
the case fully before him on the 18th of De.
cember. 1858.
ION the 18th of December Judge Black
wrote to Mr. Meagher, saying that while he
was not then prepared to consent 10 the dis
,nissai of the appeal. he hoped to he able to do
| SO on the return Of Mr.. Stanton from Cali
lorna, who might b. able TO give such infor-
| nation as showed 1t to Come Uitbin tho r,,Ie
adopted in such cases. Mr. Stanton RETURN
ed January 10, 1859. The cas-. was docketed
soon atterward, and on the 5lst dag. of jan
uary, 1859, the appea, was dismissed hv the
Supreme Court. The mandate disinssno
the appeal was entered in the district coerf
MAY 4, 1859. That court Adjourned Nav IA.
1859, leaving the final order undIsturbed and
in full force"
Here, says Mr.. Beck, the case should have
rested. But in the mean while, quicksilver
had been discovered on this very claim or
grant, and the inevitable corporation is form
ed and with its rapacious NAV, sought then
and now, 10 swallow up this valuable proper
ty. The stake is large one-eieht million
dollars at least, in the richest one of the only
four quicksilver mines known 10 civilized
man. The discovery was made public some
time in 1858. The New India Mining Com
pany were trespassers, according to their own
showing; suit was brought against them. The
President testified as follows:
And these Opponents further aver that the
said plaintiff obtained his pretended title 10
said lands on or about the 22d of September, |
1857, when the said lands were prime ipally |
vacant and valueless, and before any quick |
mi vuoro dave ~
any La &c sum OF money had been expended |
in the necessary machinery, furnaces, &C.,
for working the same"
Henry E. Pitts the discoverer of the quick |
silver mines, swore in the same proceedings |
as follows:
This. afiant was at one time member of |
said company, and the existence of said grant
to Gomez was well known to said company |
and its officers; consultations were held from |
time to time as to what was the best course
to pursue in relation 70 said grant, and it was |
determined by the company to either buy the |
Gomez grant or attempt IFS defeat. This was |
in the year of 1858.
After series of NEST remarkable transac- |
tions, which if the truth could ever be reach
ed leads to the suspicion that they would i'm
plicate men high in administrative Office,
McGarrahan's title was brought into the us.
Supreme Court, and was non-suited. It is
claimed the result would have been different
had the fact been known that a patent to him
had been signed, sealed and recorded. 1t is
therefore proper that he shonld be placed in
possession of just such advantage as that fact
would afford. After this, in 1886, McGarra-
han came before Congress. An investigation
was ordered. The judiciary Committee un.
dertook it. Here are the facts declared to
have been proved by majority of tile COM
mittee. Here are their conclusions:
1. The proof of the legal grant from the
Mexican Government to Gomez and the
transfer Of title to McGarrahan are clearly
and indisputably shown.
2 The district court of the United States
for the southern district of California con-
firmed the grant.
j. The Attorney General of the United
declared the title to the lands to be in Mr.
McGarrahan, and caused an entry TO that ef-
feet to be made on the books of his-office and |
in the Supreme Court.
4. Hon. Caleb b. Smith, Secretary of the In
the case, ordered patent to be issued to MIR.
5. Mr. Usher, the successor in Office of Mr..
Smith, similarly decided.
6. Mr.. Lincoln, alter inquiry, decided the
grant to be genuine, and that patent should
be issued to Mr.. McGarrahan.
1t has been known within the past year
l1oa,, foI IL So |