New-York tribune., 1872-02-26

81 bEoKYes bo short Ny %s g T'ry x. Ti'S IT. ScD, 0,
the United % o2, by s1a s.s oni s. s,S be %
his inorego hat tho sscsy was about to patent one Of
these parties Gdsei to he eosa Of the Interior dera
him to suo the patent tho Oe matter vas before Coh
BscK-he gut,mnn proceed farther u9deI'and
gentleman ti. floor aud on a 9ae1%S % So SrS bp " "
th the President bal only to pysai tho seea from
sse question Of sht became satisfied Preea g ard ho
tb Of the Secretary redn ho was no. sofea % 10 o. , @
unworthy Inn SAY tGt % t5o pre,i.a T . bold %,Hy
ooulac. thai regard 20. psra ea0aga to fsa' % 20 '
justice t, tue III .,iea in saeh case
COMMISSIONER WILSON'S CONDUCT.
soeInp fine fate Of Mr. Cox Commissioner Wilson made
haste TO swear before the House Judiciary Committee
that he acted by compuson, under tho order OF bis SUI
perlor officer Secretary Cox but the documents reulg
to the scandaous transaction show that ne lShgacu
the Secretary TO the deed OF mutiiaon Az h aPpIS p
in tbe evidence taken before the House judiciary Com
mittee and nv them reported 90 tho House a. e asI
session of the last Congress. Aud Wish 10 cn ahto
evidence was done under the administration oi ~ WI,
gon To him we indebted for inc wi1nDn'" ns i ol
tbis patent for long and weary years. 10 Nun arc ~ III
debteI for its mufaiion, aud he IN common with an
other officer in the General Land ONCE Mr L2WeIy
has been for years the most uSeIll anu cOIol.'VV V
of all the instruments of tho NewIdria company ia the
work of mutlatiOn and suppression OF Tmch W., We
complain Commissioner Wilson's conduct n tiIs mpLer
was so gross and unpardOnabe that ms retention az 'o
head of the Land Office could not DC toe%eu a ~
read the signs Alright and comprehend tae 81 % %y
proofs there arc still others that may an DecI @ o
Juggernaut as It passes forward Tho House o. kepre
scntatyes late in the last session OF me last
acted tho case by the adoption OF on. H s IL
the effect that tho record OF the patent DC 40 -
was and that in further acting upon INC i
rights tho Executive Dranch OF ING d nj ict
disregard the proceedings IN ING oup'nGI 1 TI itb
Courts alone relied upon TO defeat hs cbll. nc I rY
OF March was then near % at nanG ta ag Sg M Nc
Garahan promptly presented 4g% 5 and II from
that memorial arises the jurisdiction TINS COMMITTEE
now has During last Summers recess OF CohgrCss ao
Secretary in his absence thougn ne caaJ i m prnar3
In the Senate felt moved to make some decisions
ing it which have no partcIat cef Seg m ggc exest 50
far as he decided that the New Idrla Company tWhcn
Sr RS RefPPg nor becan6 ar
a claim of vested rights as valid ani laval pre- pre-
had no shadow Of right claim 10 the Land or any part
thereof The decision Of the Secretary Is 2s 9to%S 7
examined the application Of TIE New illa @ Aopg
bnds in Car1a OF opinion that the same should DC
rejected Of the Ge,'a % 5.,s seS s 5eD.S the case o were
the Interior pauen The evidence defective in not showng that
n I ,o Sfi1s th. claims alleged petition AMI adrer'eic9
Tier: ~ 20 0s so np pG 4o 81 s that 5ho b. % sv co copy
opinion Of ASSISTANT 5l ~ tle csg 9 o9e &
take TIC e cary tbs decision H9 & c's s5e e Tea[ne
am Sir very respectfully y9qf S'S9Sn @ s''y.' s sc Secretary
"Te Hon WILLIS DrxoSD, Commissioner General Land OAce"
EFFECT OF DECISION or DEPARTMENT OF INTERIOR
The effect of this decision Is to leave this properly
either the property Of McGaTrahan under his patent ana
the DEGREES Of the Courts public domain He accord
nGy stands here before Congress whose power to dis
pose of the public property of the United States is COM
pete) menOriast and petitioner for grant and quit
claim OF this property 10 him upon his equitable r1gnts
to it, if upon his legal rights as contaminated by TINS
natent which has executed Wisb to say Jat the
abstraction, defacemont, mutlation, ana suppress
sion %Ion enpor OF the memorists claim, Is not
alone peculiar the Interior Department Or its Bureau
OF the General Land Ohce IIere mas 1een "AOe
sale suppression and destruction of books and papers in
the AtOineyeneraPs office. An attempt mas Doeh intoe
TO account for that but shall submit to the CoInmttee
that II has utterly failed But perhaps the most agrdnt
and open Ourages OF this character nave Deeh pCpe-
trated the District Court OF California Taere orders
bodily interpolated nto the record, and mo-
erased months after theiI entry and fling, and after we
had possession of certified copies OF them as ne record
stood and record thus made up, the supreme Court
subsequently took the proceedings that resuIed IN
and bars our rights forever IL should, however. be
borne in mind that no action or the supreme Court mas
ever been had invoked the subject OF the patent
McGarrahan was not in position, from his ignorance OF
the facts plead in bar of the power or jurisdiction
OF the court when the case was before IT,
CONCLUSIVE CHARACTER OF PROOFS.
1t has been my purpose IN these opening remarks to
secure attention to tho two commanding features in the
meoriasts case and such accessory facts and crcum
stances as may give them prominence and emphasis.
refer first TO tho decree of the Supreme Court Of Jan
81 1882 dismssing the appeal from the decree Of con-
frmation by the District Court and the issuance OF is
second the execution of the patent for the land in
conformity with the proceedings resulting in that de-
ing First That this action Of the Supreme Court was
tho result Of regular r gd bea 6nd and bat t6t
it was and ever should nave been hoid ,, ana |
second That the subsequent Judicial proceedings which
shall denominate as the memorialiss right III court
were founded upon fraud, forgery, perjury and were
made successful by official corruption and oppression,
and by unwarranted assumption OF jurisdiction where
none existed Now these startling Propositions are not
alone commended by my utterance. The concusveness
OF tho OF jan 81 1882 by the Supreme Court was
and alone before the judiciary Committee OF the ALth
Congress the Hon. James F. Wilson, Chairman ana the
conclusion of that Committee on the proofs submitted
before II was that this judgment was final and binding
furthermore they found and the House adopted their
proof The legal gran. from the Mexican Goyor1uspt 5 to
The District Court of United for the Southern District Of
The Attorney GENERA state. decla. the tile TO the
lands 70 McGarahan caused to that eject to be
mad, the book; Of bis oe and IN the suPsmG Co1 altar
consideration Of the case ordered patent to DO issued to Mr.
Mr Usher the oc Of Mr Smith similarly decided
Mr. $ LneSP h. after nGa q r. dGe s9 grant " DC genuine anu nA
RESOLUTION OF THE HOUSE AUTHORIZING THE PREsI-
DENT.
Now in support Of the judgment OF the Supreme Court
Of Jan 81 1882 have the verdict Of all these author
ties Of the and of the House of Representa-
tives On the point Of tho egality and fraud IN the
proceedings that took place subsequently in the Supreme
Court of the United States resulting in judgment OF
dismissal OF our claim, we have the authority OF tho
House of Representatives Of the last Congress for saying
that all these proceedings ought To be Csregarded In
presenting the case the House Judiciary Commit
tee / urged that view my main point that all pro
ceedings in this cause since the 3lst OF Jsiy l9os IN
the courts null and void as being iOunaed In te
first place upon perjury and forgery Of Official docu-
ments, and suppression of evidence, and Official e0rru
tion and oppression being without jurisdiction. l
my charges and specifications boldly argued them
at length and exhibited my proofs, and put the us
cIisson into print the convenience of members The
House on the motion Judge Bingham. Chairman, suS-
tha yiav \ tony nv tha