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Show By Teleeraph.. President Grant and Hon. J. D. Cox. Washington, 9. Considerable discussion dis-cussion having taken place in the newspapers, news-papers, relative to the retirement of ex-Secretary Cox from the Cabinet, and allusions having been made to the existence of other correspondence b-tweeL b-tweeL the President and Cox, besides that covering the resignation of that gentleman, it is thought proper, in justice to all parties, to give to the country ail the letters touching the withdrawal of Mr. Cox from the Cabinet. Cab-inet. It has been intimated that among the reasons for the resignation of Cox. was a difference between the President Pres-ident and himself as to the propriety of Issuing a patent from the land office on what is known as the Xiegarrahan claim. Upon this point the following correspondence will explain itself : Long Branch", Xew Jersey, August 22, 1S70. To the Hn. J. D. Cox, Secretary of the Interior: Pear Sir, I hear that you hare appointed one day this week to hear arguments in the McGarrahau case. That is well enough; because if Congress should fail to settle that case we may have it to do, and the sooner we know the points of it the better. However, as the matter has been taken in hand by Congress before the incoming incom-ing of this administration, and as so much fraud is charged and believed to . exist, on both sides, I am not willing that my name should be signed to a patent for either party, until Congress has either decided or declared their inability in-ability to do so. I wish you would say to Mr. White, secretary for signing patents, not to put my name to that ene except on special orders from me through you. He must not take orders or-ders from Mr. Wilson in the matter. I have grown suspicious of Mr. Wilson, and will tell you why when I go to Washington next. Yours truly, U. S. Grant. PSI'ARTMKNT 01' TFIE INTERIOR, Washington, D. C, Aug. 23, 1870. 3Iy Pear Sir : Yours of yesterday was this morning received. I have given your directions in regard to signing sign-ing a patent to the Xew Idria Company Com-pany to Mr. White, by letter, he being wnfined to his bed by sickness. As I am informed on the subject of the McGarrahan business itself, I think you must have been misinformed as to its status in Congress. According Accord-ing to the formal opinion given by the Attorney General last year, the case is in no such sense before Congress Con-gress as to interrupt or impede the action ac-tion of the department under the laws ; but parties have the same right to insist in-sist on a hearing and decision here as they hare in any other case, where they claim a decision on their rights under the explicit provisions of the statutes. Congress has assumed no peculiar jurisdiction jur-isdiction of the subjeot. McGarralian petitioned the late Congress, as he had the two prior Congresses, to make him a grant of lads in California, included within the boundaries named in a pretended pre-tended grant to Gomez, which the Supreme Su-preme Court of the United States declared de-clared void in '65. He has applied to Congress in vain. At the last session it was again before the judiciary committee com-mittee of the House of Kepresenta-tives, Kepresenta-tives, pnd the parties consented to suspend sus-pend the contest in this department till that committee should pass on the matter of the petition. The committee commit-tee did pass on it, and by a rote of seven to three determined to report against granting the prayer of bis petition, pe-tition, and directed Mr. Peters, of that committee, to draw up their report. Mr. Peters' statement of these facts is filed with the papers in this department. depart-ment. The new mining company now claim that their business should be taken up and disposed of. McGarrahan claims, on the other hand, that the fact that the committee did not find the opportunky to make their report to the House should hold the other parties par-ties to still further delay, until the next session of Congress. To this the other side reply that it was the action of the committee that they consented to await, and quote the printed statements of MeGarrahan's counsel before the committee, com-mittee, to the effect that, if the committee com-mittee decided against them, they would make no furiher contest. The department, as the Attorney General decided that it was not authorized to delay its performance of duty under the law at all, except by the common consent con-sent of the parties interested, has only taken the responsibility of delay in cases where manifest equality required it, and where action by Congress is probable. prob-able. After careful inquiry and investigation inves-tigation I think it clear that neither of the conditions exist in the presont case. MeGarrahan's original claim has been now for five ye.irs decided by the Supreme Court to have been utterly fraudulent and void. He immediately made his effort to obtain relief from Congre.-s: and five years of most industrious and, as I believe, unscrupulous un-scrupulous effort, has been futile. Pending these petitions to Congress, he attempted to obtain a pafnt from this department, on the ground that the lands were only agricultural lands, and did not contain gold, silver or quicksilver mines, and niu-ht therefore be bought at one dollar and twenty-five cents per acre. This was refused by Mr. Browning, my predee-sjor, on the ground that the lands vere mining iands. and the Xew Idria quicksilver mine was notoriously the lone of contention. con-tention. M.'Garrahan thtn sought to! force the department to i-ue bim a patent, lya writ of mandamus from the court of this district", and after the unprecedented action of that court in allowing a writ against me, after Mr. Browning's retirement. t!,o I nited States Supreme Court n-i -rscJ and annulled an-nulled the proceeding" in the court he-low, he-low, in a judgment w! ;,-h reflected, with great severity on all ."..tioerneJ in procuring such an arti. McGarrahan McGarra-han 5tands before th- lejartment, therefore, as a frauJu'.. tii claimant, who has thriee been fuled, and condemned con-demned in his fraud by the highest court in the nation, whose efforts to procure favors from Congress have also failed. His ciaim fur still further delay, in order that he may try whether wheth-er he cannot yet obtain legislative action ac-tion in his favor, which may give him that which the courts have determined deter-mined that he has no right to under the law.seems to me worse than baseless: and I should feel as if I were a party to a wrong upon Congress, were I willingly wil-lingly to do anything to subject them to further annoyance from such a source. Under the opinion of the legal adviser of the government, therefore, and in full accordance with my own sense of right and duty. I have said that the department will no longer delay de-lay in proceeding with its business according ac-cording to law. At this stage I find myself met by another effort at obstruction. ob-struction. MoGarraban brings suits in the same court of the district, for an injunction against the Xew Idria Mining Min-ing Co., to forbid them from applying for a patent for the lands they claim under the statute; and that, although -the company is in California, wholly out of the jurisdiciion of the court. Xor is it pretended that lawful service of the writ can be made on them. Their attorneys here are made defendants, defend-ants, and the court is asked to forbid them from prosecuting their clients' case before the depattment, which has jurisdiction of it; aud this, too, when in the mandamus case last winter, tho Supreme Court decided that the jurisdiction juris-diction of the department was exclusive exclu-sive and absolute, with which no court could lawfully interfere. The department depart-ment is not a party to this suit, yet I have here to-day a notice served on me to appear before this court on the 13th inst., and show cause why an attachment should not issue against me, for directing the land office to go forward with its business. If the Federal Executive Ex-ecutive is to be at the mercy of such proceedings as these, we shall justly become the contempt of the nation and of the world. To show you still further fur-ther the unblushing knavery of MeGarrahan's Me-Garrahan's conduct, a gentleman allowed al-lowed me to read a letter directed to him by one of MeGarrahan's attorneys, in which the attorney offered McGarrahau Mc-Garrahau stock of his California claim to the amount of twenty thousand for the use of his influence with me, to procure favorable action for him in this department. As to appearing before be-fore the court, L am at a loss what to do. The Attorney General has gone to Georgia, and leaves no assistant who is an experienced advocate, his department, as yu know, not being fully organized. This distriet attorney, who would ue the one to whom I would naturally go next, is Judge I"'iher,who was one of the tivo judges who signed tho writ of mandamus last year and of course could not deteud the department without condemning himself; and Congress Con-gress last winter had taken away from the other departments the right to employ special council. My belief is that no question more gravely affecting the dignity of the Executive, and its independence, will be likely to arise during your administration ; and I think the situation fully warrants your telegraphing the Attorney-General, if not ail the cabinet, cabin-et, to meet you here before the 13th. For myself, as I am conscious of having hav-ing fought fraud with such vigor as I could, andean make no compromise, if I fail to secure to the fullest extent your approval of my course I must beg you to relieve me at ones from duties which, without your support, I shall utterly fail in. Begging to be remembered with great respect to Mrs. Grant, I remain very truly yours, (Signed) J. P. Cox. To the President. Mr. Cox's last letter to the President, Presi-dent, dated Oct. 3rd, is already published. pub-lished. It will be observed, however, in this letter of August 23rd, Mr. Cox intimates strongly his determination to resign io case the President refused to support him in his views about the McGarrahan claim. To this letter the President made no reply, thus tacitly refusing to abandon the position he had taken on the question of issuing the land patent. With regard to that part of Mr. Cox's last letter, which seems to imply an interference on the part of somebody with the Indian policy of administration, it should be understood under-stood that the President had no i.-sue with Mr. Cox on the subject, nor did he permit any outside interference. The only thing that could possibly be construed in this way, was the President's endorsement of a letter from Senator Chandler, of Michigan, addressed to him at Long Branch, which was afterwards s. nt to Cox. This letter recommended, in earnc.-t terms, the appointment as Indian agent in Michigan of Mr. Broekway, a Methodist clergyman in that Suite, who had successfully labored as a missionary mis-sionary among the Indians. He had already served as such agent, and had been superseded when the Indian agency had hern put in charge of military mili-tary officers. The President s endorsement endorse-ment on the letter was that the pcr-on 'recommended It Senator Chandler might be appointed, as it would not change the policy whi;h had been adopted with regard to appointment.-, in that branch of the service. Ti.e President adJei. at tie same t:tue. that he was anxious to meet the w.sLes of Semtor Howard, who concurred in Senator Chandie-r's reque-u 'Jiie en-dorsviuent en-dorsviuent alwiit the app nntmetit w.i-merely w.i-merely of an ajvi-ing clj.ira ier. It i-geucra':!y i-geucra':!y known jn 'tie c . .in'ry that l'rvsideni drain is the ax(. r of ttie po.iey now U nig pur-ue i 1 y the government gov-ernment toward the i:i i.uii-. anitiie-people anitiie-people luay rv.y up ,n ! t ttiat ri departure wiil be made ir.cu that ,;. :cy, 'loi.e as be is Prc-i ! t.t. n i m liter li-ter what chatu-e may t::k- a in the cabinet. With rce-aM ! the rei:jr;.ls in the civil service, an a.. .i';":i towhr h is ma le in the la-t it-fer t " ('!. it it we.l understood here and e.v where, ty ail who hare anything li ii w;:h the executive department of the government, gov-ernment, that sin." th-"- in.ttigurn- tion of President Grant's administration, admin-istration, particular attention has been given to this matter. The Pres ident, himself, and every member of his Cabinet have, without any formal parade or show, made it a condition that no person shall receive an office without first undergoing an examination, examina-tion, the object of which is to ascertain ascer-tain first, fitness for place, and second, a character for fidelity and integrity As a matter of course, preference is given to persons who are known to entertain the same political views a the President and the member? of his administration. |