New-York tribune., 1872-02-26

McGsrrahan bought III ANA as such It was. the Board
had 90 se as dT aST OF
% Sstisfactory proved the existence Of the grant"
the ground that he had failed to prove
that he had ever occupied the .Ip premises :, t%e
decision of the Supreme Court in FremOnts
case wherein held that occupancy was no oosGm %
gnilance OF the Commissioners at the time G9mezs oo
was before them, they would have confirmed tio Giu G
Gomez appealed from the decision OF thS st Sn
10 the United States District Court and while tnas "P
peal pending the decision OF the supreme TouTt
FremOnts was announced ana he DiSt IDs In ali
following that decision, as 1t uniformly mas cd %U tho
eases that have snS9 % GSG ia the District Court
was pronounced June g. 1857, ana on In9 San mode
his purohase aud took his deed from Gomez Winc no
placed on record week afterward IN ln9 g'oiA UNIV
AZ this time no quicksilver other valuable mines
were known 70 him to Gomez, TO the public TO exist
whh m inS 1nrcbSe for SO0 in gold which all ooncede
was a fair market price foT the gnt anu @ an "a io rS h
correct understanding 1t conferred tue to some dSVV ~
acres OF and g nsTa 'S e2ero boandarcs called
for by the map and other title papers WIN noau o n
Franco Aries on the west and north and whether u
contained beds Of diamonds or only sterile wastes O oSk
and ailli with few grazing acres it was his-s in the
most absolute ownership from the eart5 center beneath
IL TO the zenith Of heaven above H.
MINING DISCOVERIES AFTER PURCHASE
II is nowhere claimed pretended that MeGarraban
was in any way connected with the proceedings before
ether The Commissioners or the District Court resulting
in the confirmation of the grant by the District Court at
the time OF his purchase, that he knew any OF the
officers agents attorneys, witnessed participating IN
them or that at the te there existed any suspicion or
question that those proceedings which strictly land
found TO be by the supreme Court OF the Ued Stes Id
deciding this case formal and regular their face, were
Open 10 any mputatiOn whatever He purchased after
all the proceedings had taken place; the record
was complete and regular and formal and he had right
to rely upon its truth, aud it enOined upon hlm as
maxim of law and morals ana good citizenship that ne
should do it. Omnia pr@Sumuntr'e ct So'em"'eT eSSe
uct1.
Shortly after McGarrahan's purshase, tbecame known
to him and to the public that valuable quicksilver mines
had been discovered within the limits of the grant, and
after few months delay he set about under the advice
the hands His efforts in this direction resulted in the
discovery that the United States had taken an appeal 10
the Supreme Court from the decision OF confirmation
in the District Court by direction OF we AttoIney
required take appeals i'll all these cases where there
was "a confirmation of the grant. This appeal was be-
leved to have been taken only In formal compliance
with the general order of the Attorney Generaand not
because there existed any special reason for spnosng
that the confirmation by tine District Court could be or
would be disturbed by the supleme.Court The eHoct
however of the pendoncy OF le appeal was to prevent
in which these appeals treated by the Attorney
General If lie became satisfied on examining trans
script Of the proceedings In the Board OF Commissioners
and the District Court that he ought not TO prosecute the
appeal in the Supreme Court he either consented 10 us
Dismissal allowed the claimant under the grant to file
the transcript In the supreme Court ana take without
opposition decree OF final continuation, on motion 10
docket and dismiss eappea for want OF prosecution
II, the other hand the AtOrnoyGeneTal determined
tat lie ought prosecute appeal Ged the trans
Crypt and brought the before The Court Tor argument
and final determination.
STEPS To OBTAIN POSSESSION.
In this case, McGaTrahan unable to obtain
possession of the land restrain the waste of squattrs
who were working the mines while the appeal was pend
ing It became important him to early dis
position of the appeal either by the consent OF the
Attorney-Genera dismissal or by its trial in the
Supreme Court 1t was his right to have speedy deter
minaon Of that appeal and, nasmuch as the Attorney
General took no steps to prosecute It, McGaTanan TOOK
the Initiative He acoordngly aIter great deiiy ana
what then thought TO be carclesSness ana lgnOr
3 q Since 3o ' to S'n have % @e Seen o@
different motive obtained from the Clerk of the
der the hand and seal Of the clerk This transcript
McGarahan forwarded to hls counsel here in Washing
Hon Daniel T. sickles These counsel to the CON
cluson, on examining the record that II afforded no
ascertainn from the that ii had been
taken only In pusuauce of his general order TO the Dis
rictAtoey to take appeals In all these cases, they ap
mish Biaek showed considerable hesitation supposed
at the time aIise from doubt in his mind suggested
covered from the fact that he that time In
respondence with the counsel OF the NewIdra Mining
Company the subject aud other facts suggestive OF
improper motives that he withheld ms consent 70 the
dismissal OF their request Not showing inc cause OF the
Auorney-Gener1ls hcsltanGy mGGrIanan eoSqi f I s
sumed mat II arose IRON aDOHnulg 9oiuPes W 1e ed
duty They therefore laid before HIN an elaborate ana
demonstrating that the record was destitute OF any
ground 10 justify or even suggest an appeal. II. -
reading their Argument that the record jnsed tne con
rmauon OF the grant by inc District Court ana Gu moi
So1rf: and he accordingly suggested TO Cen sckes
that he file the anscrp1 0i o igGT4 M M III t nnea m n
want of prosecution. Gen. Slckies accordingly maze
this motion, with the consent and knowledge and with
out the opposition Of the Attorney Generd and 1t was
granted Jan. 1859. On the allowance OF the notion
the Supreme Court entered its decree dsmssng the a
peal and issued it's mandate to the District court ddtc
ing it TO make its decree OF confirmation fnal
The m0Ddate was received and flied In the' e'DlstHct
Court, May 4, 1852 aud the appropriate OldeT was en-
tered thereon finally confirming the grant. This was
final adjudication OF the ute i'll all tne legal tlDuhaso OF
the land competent to pass upon H. It's gay IN court
was fully, 1ally, and completely spent dts night in
cour-if ma, so speak of the subsequent proceedings
TO which it was sub cced in the judicial branch of the
Government-like Chaos itself having no precedent or
parallel could have been antclpdtcd ana MCGafra
han was entitled survey and patent OF the land
HOW THE CONTROVERSY CAME BEFORE PRESIDENT LIN
coin.
Az result Of the proceedings eliminating in the
mandate of the Supreme Court and than four years
after they had ranspred and after fully reviewing them
Though subject TO assaults fierce and clamorous with
suggestions Of raud) the Executive Department OF the
Government whose duty IL to act and whose action
as shall show was conclusive, ordered, and the Pres
dent executed patent for the land The delivery Of
the patent ordered and executed was arrested at
Instance of the or rather at the
instance OF his subordinaes and assistants who shall
show. were IN the pay ana shpoytemt emp 0l tns
the Attorney Generals Office In the matter before the
Interior Department was unsolicited ana should nave
aeS eSn eed @s Peog % be Oi in
official discouresy, between the executive branches
sequence between the Interior Department and
the Attorney. Generals office, the former decd-
ing and adjudging in the undOuDted exercise OF ex-
elusive power III the premises that the case was no
longer in the courts that it audieaa, while the
e gas then necng it TO- was Still in court An ap
peal this conflict between these heads OF depart
ments taken to President Lincoln as the supreme
executive authority. On that appeal all parties were
heard upon the merits OF the and briefs of counsel
submitted; All the charges OF fraud from which
this case suffered resated and the best case
that could be made out against the memorialsts
title by the Attorney Generals oihee assisted by the
preemnen abilities Of eXAttorney General Black. VINO,