The New York Herald Newspaper, September 23, 1852, Page 2

Secret History of the Claim. - IMPORTANT REVELATIONS. Memoir of the Case of Dr. George A, dic, dey Bey Wasnineron, May, 1852. * Dy. Gardiner was born in New York, end. com- ‘Waeheed reading modieine with his’ father, who was @ physician, at an carly ago. After the death of hide father he turned his attention to dentistry, whieh he subccquently abandoned to complete his ynedical studies, which he did in South Carolina. Se the spring of 1840 he went to Mexico, and was at the capital of that country on the cocurrence of ‘he revolution under Gen. Urrea. The death of the eminent French surgeon Dr. Flann, and the large pamber of disabled soldiers consequent upon the re- vobution, brought Dr. G.’s services into requisition, ~ and with a skill and sucess which st once ostablish- ed for him a high reputation asasurgeon. From his torough knowledge of the Spanish language and @earacter, he became a popular practitioner, al- most assuming the place of the eminent surgeon sl- peady referred to, with a lucrative practice. ‘Dr. G. being aleo skilled in mineralogy, he en- tered carly into mining operations, so common in ‘that country, purchasing and selling shares of mines @m ap extensive scale, a business in which fortunes ‘ave often made and lost within a brief space of tme—and he soon realize] » sum of nearly sixty @honsand dollars. Whilst engaged in these opera- tions, aided by his researches of the archives of the Oolexio de Minerins,” be acquired a general and extensive knowied ge of the history of & majority of the Mexican mines—had been director of one of the companies, of very extensive operstions, and sequired a somewhat unusual knowledge of the whole business. Bn 1842 bis position among his own count:ymen te Mexico, led to his appointment as Chairman of ‘the Committee to invite the American Minister, about to retire and the one who had just arrived to assume his place, Powhattan Ellis and Waddy Thompson, to & public dinner, an invitation accepted by the Jatter, but declined by the former from (prewing engagemcnis. Bhortly aiter this he sbandoned his practice to devote his attention to bis mining operations, which had become both extensive and important. Those epg others which follow are veh lepositions of very prominent English an American residents of Mexico. Dr. G. devoted much of his time to a thorough searching of the archives of the College of alogy, open to every one, and made himee}f familiar with the history and details of some mines in San Luis Potosi, that had been “abandoned” during the intestine wars of the country, whose riches determined him to make search for, and te work them on his own private account M practicable. Ho removed, in consequence, to that ofthe country, and aft muck toil and suf- ing, succeeded in discovering those minca, and ebtained possession of them im due form of law, and commenced clearing them out, 28 they were filled with rubbish and water, and were partially covered with a forest that bad grown up over and around them, situated, as they were, in a ve rugged part ef the Huesteca mountains, in the midst of a half @ivilized tribe of Indians. It is well bere to mention how and in what man- Ber, according to the existing laws of Mexico, an “abandoned” mine can be obtained by individuals ‘without any capital, except that they must be well provided with means to work them afterwards, and Shore means Dr. Gardiner had. The laws in ques- tion aro the same as existed under the rule of old Spain, and prescribe that all metallic veins er deposits, or mincral lands of every des ion, wherever they may be found, belorg of right te the government, whether situate upon public or pri- vate property !— and the right to work such min is granted by the government upon certain co: tions. The first discoverer ofa virgin vein has tain privileges ; and one who will restore an ** aban- doned” ming is’ allowed greater advantages 2 process by which such « mine is vbtained is as fol lowe: — A petition is presented to the judge of the di: demanding the right to work such a mi ing a deser ption of the vein orbed ef ors, and it ty, and everything that can tend to its identi cation, with great minuteness ; ting aleo that i has been previously worked and abandoned, its con dition and ail other particulars, or whether it was a mew or virgin mine, Your petition being granted, you are authorized, according to the pre- scribed form of law, to eink a shaft 30 feet deep that the vein may be examined, for which you are al- lowed three months, during which placards of your grant or application are posted throughout the eeuntry, and published in the newspapers, in- viting opposition, if such can lawfully be made, to yeur occupancy of such mine, &c. The ehaft being completed and ready for examination, and no oppo- sition being filed to the grant, the judge appoints a scientific miner and surveyor, a notary and witness, im company with whom he proceedsto examine the vein, or mine, describes its course and quality, di- reets the allotment ot the land to the applicant, by the usual land marks, and the public crierproslaims that any one having chjections to offer to the grant then about to be made, to come forward, &e —and nene appearing, you are placed in possession, in the mame of the government, and the mine is thence forward irrevocably your property, subject only to | the usual tax of six per cent upon the actual produce thereof, when delivered at the mint for coinage. It is this heavy per centage upon the actual produc- tion, whilst the proprietors may in some cases imcur expenses in working greater than their profits, which renders the government willing to make the grants referred to, and hence Pr. Gardi- ner’s possession of such a valuable property is a oounted for, a point whieh his enemies have indus- triously used to his injury. The capital which he employed in this business was therefore one to the erecting of b and machinery and the col- Jeotion of stores, pr &e., for such extensive operatic the property. ‘A copy of all the ineludedin your tith abandoning the mines for tive months,without workin to represent you, other per: according to the forms of law ssion, paying y take away, ony moves) signate ab belongi Now, these rently forgotten six wee preeented to Dr. Gard period of § them or haying any one #, proving those facts lready d bed, can whom a title deed was granted, usual forme of law. y of powsersio cords, the of the College of of yeign Relations in Consul, resident in t copy previously pr elsim, to the Beard of Commissio Dr. Gardiner, therefore, never p for such purchase was unnecessary California to dig for gold, don ground, but they there, and still grea the earth for its t of their labor, and tax of five per mine, without an uncertain induce | the governn awny x beor d of all the cred h that capital ed—and eady deser nded the g 7 ixty ive, | wag ¢ ith | amensurate i and with thos expectations, which | his previous experience and ical _kuow- ledge had m the m uw nd by the reinvestment of their produce in machinery and im plemente he Very soon found himself in one of the most promiting minin Mexico. All which was accomp! of about two years; " @ war between Mexico and the United States. Bat as Dr. Gardiner was assured by the local uthee rities that he would not be molested, in considera- tion of hisworks having greatly contributed to the Prosperity of the adjacent country, and given em. pone to about five hundred Mexican workmen, not only continued but increased his works, in b¥%4 conviction of his security from molestation. t in October, 1846, the Santa al n the short then commenced which the army required in ite Gen. ben 7 cad that he had , of provisions, wder, lead, steel a was formed of expelling him, an d that fe wi the Mexican govern committed against him. But here he met little encouragement, the treaty, under which demnity for such spoliation was subsequently ob- tained, not having then formed, nor any pect of such indemnity, although eminent coun- tol geet poser eh a @ valid one, under the al- ready existing treaties, from the notorious povert; of the Mexican government. . Gardiner reti to Tampico, end resumed bis duties in the ‘army of i the United rates, until the close of the war, and again returned to W: . Here he wath his friend, the Hon. Thompson, whom he had net geen since the year Tees, and who ex- pressed his utter amazement when informed of his violent expulsion fiom his property in Mexico. At the requost of Dr. Gardiner, Mr. Thompson at ence became his counsel, upon the evidence which Dr Gardiner had already procured. This wa: before the appointment of the Board of Commiseiouers, and wben it was of course un- known what king of elaims would be recognized by the government of the United States, as coming within the meaning of the treaty of Guadalupe Hi- daigo, or the ruies of evidence that would be adopt- ed, &c. &e. Dr. Gardiner’s eago, ** rough hewn,” and bu! prepared as it was. relying simply upon its own merits, was one of the first presented to the Board ot Commissioners, in the first month of their session, and after a strict and leborioas investiga- i it was pronounced to be ‘a just claim against 0,” the snnouncement of whieh appeared in the Washington papers in March, 1850, remaining open for investigation, challenge and decision, uo- tii the final action of the Board, in April, 1851, sub- jected during that time to the attacks, through jealousy or malevolence, of other claimante, if any such thero were; and yet, daripg all this time, courting, from its notorioualy large amount, and the efforts of the Commissioners themsvives, evi possible objection, no one came forward to impeac! it, which, if they could have done so, would have resulted greatly to their udvantuge in diverting so large asum to the use of other claimants. Gen. Thompson wasemployed by Dr Gardiner as | his counsel, because, having been Minister to Mexi- ce, and his personal associate, he had personal knowledge of Dr. G's circumstances and occupations in Mexico, and was fomiliar with his social position there ; he was employed, as customary in almost all such caces, for a contiogent fee in lieu of present pay- ment, being 15 per cent on the amount that might be recovered shortly afterwards. Gen. Thompson informed Dr. Gardiner that he bad secured the val- | uable aid of the Hon. Thomas Corwin, who was to | be compensated out of the contingent fee already agreed upon, to which Dr. G. could of course have pools eee ta but on the contrary was highly grati- A short time afterwards Dr. G. was informed that it was considered politic to aszociate with his other counsel the Hon Ed. Curtis, more in consideration of the notoriety of his determination to prejudice every case in which he was not employed than for apy real or active service he couid render. On these grounds Dr Gardiner consented to admit Mr. Curtis as assistant counsel, with a contingent fee of five per cent, which he the more readily agreed to do from his supposed influence with one of the com- missioners; and, as the decision of the commission was to be final, from which decision an injured claimant could make no sppeal, it was deemed un- wise to run the bazard of his opposition. cans to whom Dr. Gardiner bad become indebted in the course of his mining operations, and to whom he owed in the aggregate about $100 000, eo urgent in their demands for full or psrtial settlement, that he was induced to raise, through the sid of Mr. W. W. Corcoran, the sum of $27,000, on a mortgage of one-fourth ef his claim, Wi meeortegty transferred to Mr. W. on the records or mii Meanwhile, Dr. Gardi od the test of time and notoi ly app 8 the Commissioners, where he examined to the most scrutinizing ext being the only claimant who had passed t such an ordeal, end that at his own req ‘ examination was apparently quite ea tory to the Commiesioners; and very soon after a special | agent, who had been rent to Mexico for prpers in relation to other cases, returned, and reported most favorably, although incidentally, of the Gardiner | co. Thiso was a perfect stranger to, and un- | known by, Dr. Gardiner. afte is, the | Honorable BM tcher, Minister to Mexivo, re- turned upon a to Washington, and was con- sulted by the Commissioners in regard to the various | claims before them; and among those of which he spoke most Pawel G was that of Dr. G., of whom he had no persona! knowledge; but he stated that public opinion, as far as he was able to judge, con- | sidered Dr. G. entitled to an avard of several hun- enormous losses. On these grounds, and having dispelled doubte, in the minds of the Commissioners, end no one during the two years that they had been in session having appeared to impeach his claim, the very moderate award was made of the sum of $350,000 with interest from filing the claim until the day of payment, making in all $428,000—a decision which excited much astonishment in the minds of Dr. Gardi- ner and his counsel, and even admitted by the Com- missioners themselves, in view of the testimony be- \ fore them, to be insufficient in proportion to other | eases, having frequently stated that the case of Dr. | Gardiner was the strongest and most reliable one m, from the complete and satisfactory na- idence. His books of the testimony he had produced, pr melusively hat the actual outlay, under the system or pelicy of f£ the works at his mines, in &e., for the increa the purchase of stores, powder, &¢ , and the con- | struction of buildings and for the use of his | istence, er worth of of amalgam 3 and it was shown, . y product y expense | may ayipe in antic f the m f $15,000, 1,000, instead of th These are larg u to abandor h the somi-b barous in and thei ry and educatic © Lave remained for centuri It was, on the part of Dr. at losses Board of Commissioners rs upon cli —of whom there isno yin Washingt e, many of whom t no means, however base und corrupt, to ‘ove their ends, some through misrepresentation and falschood, and others through pretended in- fiuence with ‘the Comuissionere, whon perhaps they did not know them personally—were erpetually endeavoring to practice upon the | Sones. sia. fens. of, the claimagts in their Je, endeavoring to obtain pledges for per si » of sexvices which they had not nee to render, greatly to tho acter of the Commissioners, who, gnorance of such base proceedings, wero believed by eome of the claimants to be little better than perjared knaves. In titis way many poor claimants were sapet out of a large portion of their rights, under the belief that they were bribing the very Commissioners who were then engaged in awarding them their just dues. | - Asthe labors of the commission were drawing to a a these Byes ea oh Tg henepniaes 1) secing that their p ler wore nearly x nF isdeoined on pele sad proeeyy eft untried bel rived when they eruld work « de entirely in During the action of the commissien, the Mexi- | \ claim, so fur as he had heard it spoken of in Mexi- | | dred thousand dollars, on the general belief of his | esting the produce every year in magfinery, | , ch might prodage elaima, that were eventually allowed, wire not pre- sented’ to the board until near the chee of ite labors. Some of them having beea actually reconside: rejected, ani then ard = admit- ted at the latest moment, snd — conse- juently not 0} to the same scrutiny as ‘bat of Dr. Gardiner, nor were they brought to pub- lie notice, by which opposition or investigation Mongers and ‘‘startling” letter writers, without presenting any defence through the press, r ing such caluimnies as unworthy of bie present no- tive, and apzions only for that speedy in- vestigation and trial secured to him by the Jaws of his country, which he has in vain endeavored to proenre during the pret nine months without advancing one step in the preceedings, in conse- ‘The day wealth in Mexieo, &e. Gates, of ibe U. 8. Army.) im testimony of his cha- missioners. he was making active | racter, standing, and pursuits. Presented. of iad | Th lnpacta obverse, apon # perusal of this me- pgs “> rein gate | meir, tsps admit that they en pros: “ Becccanes was joe . Gardiner’s claim wi ibliely Paths known to have been admitted the Gomuissionare sioners, | inéd by Dr Gardiner, | within eleven months of firet meeting, and the ¢ columns of the New Youu Hzna.o, of | thirteem months before their adjournment, without that Mr. the this state of affairs, he concluded to return to Wash- | xe or challenge from other parties inverested . and through whom alone it could be done; and Soptens bes hie travelling friends (who are now —That, independent of the proofs laid before Dr. G. would agree to-give op to Mr. Curtie all here) advised him to write first, as it was pro- | the Commissioners. the existence of the mines is that might be awarded rer sot above the sum of | bably one of the sar} Yomors con- Ree ie he ee ee »| $350, was no doubt hig claim wo Py feces: ent. Ho wrote a¢- | partially by the testimony of his at Tam- ‘ if Tot, there wa every promt fendingsy t toca. Penal, be pices and again by the very, material fact of the rel nn anne ee av Sy | Somalia Gad Sedeeeting the ines Haw Terk | tom ne neve wat apn he Sires tae amount. e jew Yor! re- To this proposition Dr. G. peromptority replied, Srvc Ww were deposited, | ferred to, Mest gE0 00 tr eeeds by. paying that he idan believe in any toch alleged in uence, apd that they were at algpocal of govern- | them upwards of $60,000, from money apon i. im’ the presumed of the + | ment if it could be d that he was not entitled | the credit of the award it had become ce; ! and brew if he aid, dune he would not avail .tothem! He , also, to the district attorney, | thedecision of the Board, of the 12th of March, himself of them, rather to have his olaim }) he was ready) to return, in’ ease it was ne- | 1860, he would obtain. = rejoctéd, er uk omnia smallest amount, than | cessary, to proceed to an investigatiba, Sdi--That, the evidence upon which the grand to at base measures to obtain his just dues. | suming this to be sufficient continued’ | jury porch pan To apy Gardiner came, first, ‘This unexpected reply to what they cousidered # | his tour Horowghs ‘and tland, and | from the “betief” o! a Mexican general, that au it pr ‘wounded these men to the | thence to Paris, wi he first that’ | order from tho * * Mexican nation for for they had placed themselves in Dr. Gardi- | the had found the “true bill’? ag | the expulsion of Americans (which is » matter of his- ner’s without’ their 5 to | i than addressed a second | tory), ‘‘could” not have been mado—et To be revenged on their dupe—to crush | letter to Mr. Fendall, vised him of his de- | least, that he had never of it—nor had he ever destroy hie character, by Srentnepionin orarnite Nenakts gine soon asthe | heard of Dr. Gardiner’s possessing ¥ for fear of his expoing was a desi court should meet; but he received mo answer to’ | omitting to state that ho had lived at Jala they have for the moment accomplished, although | this or hisfirst communication, and cones after Dr. Gardiner had A gee reside. on his mines, the @sy of retribution is nearer at hand than they }. he returned forthwith, gave the required bail, as distance from there of 900 miles, the inbabi are DOW awaits the judgment of his eountrymen. at such distance in that country kr as little It will be borne in mind that Dr.Gardiser'sclaim | It willthus be seen that Dr. Gardiner took no | of each other as the people of W: ton do of the was before the Board of Commissioners for two with him to that he wrote to the | interior of J: 3 second, from # former Secre- ion of the commisioners on | district attorne: ly on learning of the | tary of Legation of the United States in Mexico, its was published in the papers of | rumors against him informing him where Es fande who arrived in that country just before Dr. Gardi- the United States thirteen months before thoamount | were deposited—that he returned hime¢lfimmedi- | ner left it for the mines, and who merely deposed to of the award was actually determined; ani that itre- | ately on being informed of the actnal Ipdictment, | never having heard of his possessing any property, mained open for investigation during ali that time, | and that he has remained quiet under all the op- | the witness himself, at the time, being an applicant whilst it is well known that most of the other iarge | probrium heaped upon his name by the for the lucrative post of agent, which it was known the government would ay to proceed to Mexi- co fcligrantiggte the flier the event of the bill boing “ found” by the grand jury. 4th.—That the agent who gaseent by the govern- ment, (with very unusual rates of cormpensaniny. delegated his powers to a Mexican, who worl upon the minds of the witnesses by aseuring them tbat Dr. Gardiner’s claim, if allowed, would form a would have been invited, or indeed scarcely heard | quence, as his prosecutors allege, of the continued | heavy deduction from the next instalment due to of until the last few days of the sesion, when they were suddenly admitted for large sums. Had these cunning speculators anything to do with thoxe claims ? Were the testimony and vouch- x8 of those cases of so weak a charasteraa to make it politic to present them at a moment when iaves- tigation, or opposition by other elainanis, wee out ot the question? It wonld seem so, ind as the base intrigues had jeopardized the character of the commissioners inthe eyes ofthe claimants, they ere- ated just grounds of complaint on the yart of all those claimants whore cases were rejectel. Hence arose the ery of bribery, favoritiem, corruption, &c., &e , raised by those unfortunate applicants. It be- came then a primary objeet with these speculators to appeaso the very storm they had been instra- mental in raising, or to divert it into s ese cbanre), and to sereen the parties whom they feared, by uitacking those in whom they hadno interest, or whom they believed could stand the brant of am in- vestigation. Dr. Gardiner’s cage answered all their purposes ina manifold degree, as it offered them a spect of revenge, by impeaching his oath and is testimony, should he attempt to expose them— whilst it would serve to screen other cases from in- vestigation and notoriety; and believing it to be the most thoroughly established case before the Board, it would eventualy be pronounced such, and no one would then have the hardihood to impeach another, Other motives influenced Mr. Curtisin this attack. It will be remembered that $400,000 of the largest award had been attached by the govern- ment, under the plea that the recipient was indebted to the United States, and may it not be presumed that Mr. Curtis had acquired ‘the same interest in this case which he had endeavored to obtain in that of Dr. Gardiner’s?—and that, boing aggravated at the unexpected frustration of his golden schemes by | this act of the Secretary of the Treasury (the at- | tachment), he determined upon a measure that | would make him odious to the administration and compel him to relinquish his high office ; when, by skilful management, o: of his own clique, or perhaps himself, might £8 appointed as ] the successor, who would soon provide an excuse for releasing the $400,000, so unexpectedly de- tained’? If his covert eet upon the Secretary had not their anticipated effect, and in case it could be shown that Mr. Corwin really had an interest in the Gardiner case, then he could force him to com- promicze the whole affair by releasing the $400,000, | on condition that the prosecution of the Gardiner | case should cease. But Mr. Corwin never had any | other interest in the latter, except bis eentingent fee of 5 per cent, which he had dispozed of, together | With oll other legal fess pending, whan ha kesaens @ member of the cabinet. Mr. Curtis’ scheme was thus foiled, and there was no other alternative but | to allow the ball to be kept in motion (which be had so artfully started), by the disappointed ¢ answered his purposes by withdraw- ations from other vases he time that Dr. Gardiner’s cise was board, it became evident tha: hi ady numed, were somewhat io that strict attention to details which the fair required, and he employed, for a smal! gent fee, for that purpose, Mr. R. G. a Jawyer who attended to them faithful transacted all the laborious business. It ie quite important to state that, whilst t was pending, some of his Mexican creditoss, poring they could attach his funds as soon a3 the | awaid ehould be made, if Dr. did not sottle with them in the interval, sent their accounts against bim for advances and supplies to the Mexican and other forcign ministers for collection, who transferred | their Powers to attorneys of this city, to whom Dr. G. paid upwards of $50,000 in settlement thereof. This simple fact, well known in Washington, would of itself corroborate the fact of his having worked | the mines in Mexico on an extensive scale, through | the aidin a of the very ‘‘credits” already adver- | ted to, and which his detractors, during the past | nine months, have so industriously asserted never | bad ap existence. | After the adjournment of the Commi. spe ioners, the | amounts awarded to the claimants were not iaune- | diately paid, not for one month afterwards, afford- ing 80 much more time for impeachment or attach- | ment. And after Dr. G. bad received his money, | and settled with his counsel and others, he remained | here and at New York for two montbs more, invest- | ing his funds, and yet no one came forward to im- peach the justice of his award. Having completed all his arrangements, he determined, like other men | of easy fortune, to join the throng then resorting | to the “world’s fair,” and, in company with some |. friends, left New York late in June, 1351, leaving all his funds in the United States, part in stocks deposited wich Mr.W. W. Corcoran, and the balance , in one of the trust companies in New York, at a very low rate of interest, taking with him only a letter of credit for two thousand pounds. This con- duct would not ecem to argue fear or guilt. But no sooner had he left the United States than ttack on him was commenced, in & manner h at first excited only ridicule and contempt. a Mr. Post had been told by ceeded in swindling the go- money, ond was get- possible. A very ingenuity enabled inery of fraud tted weakness of such Mr. Parrott, who had ob- th at the last days of tatement to one of the rdiner, Mr. B. Curtis, se that Mr Curtis, lized some $24,000 it, would have in- le by mdeven have felt bh Leund ig them both np for .lander or defa- “s name; but we find contrary courte, by t of the United the President rofers | trict attornoy, who | but when Mr. erred it to the grand ju arrott was called upon to give te diacove that he had left for Ca sbsexce of the special agent despatched to Mexico by the governinent upon terms of 2 most unbeard akebaracten, viz: a per diem ef eight dollars, which is to be doubled in ease he succeeds in procuring ev- idence that will lead to convietion, besides his tra- yelling expenses. This wears: very much the ap- pearance of subornation of crime, especially when it iaknown that those instructions emanated with the Secretary of State, and that Mr. Webster, being & candidate for the Presidency, and his friends be- lieving that Mr. Corwin has influence in the West, which he is disposed to bestow upon another can- didate, it becomes the more necessary to subsian- ae this fraud, and thus destroy Mr. Corwin’s in- juence. The arrangement with the government sgent above noticed, whereby it is made his interest to procure a conviction, reasonably accounts for his long absence, and for his using every effort to impress tho Mexicans, av has been doing, with the belief that the award of the Gardiner claim, if allowed, will be paid out of the next instalment due by the United States to Mexico. Hence the willingness of the Mexicans to advance the views of that specii agent. et has also been asserted, on good authority, that this agent never went nearer to the mines than the city ot San Luis Potosi, (the distance is three days moderate riding in that rugged country, or about 15 milez,) and that he had employed, or had pro- cured to be appointed by the Mexican government, a judge to aid him in the investigations—a political aspirant, who took charge of the whole affair, and employed it to inspire his political opponents, man; of whom were Dr. Gardiner’s creditors. He woul not, therefore, take testimony in behalf of Dr. G., and eyen rejected much that was favorable to him, intimidating witnesses by stating, as the agent had done, that the claim was to be paid out of the next instalment due to Mexko by the United States, and thus succeeded in procuring a batch of evidence unfavorable to the title of Dr. Gardiner to any mines or Jand whatever. And all this was done in private at the house of the judge, whilst the ‘‘agent” remained in masterly inactivity : and when any suggestions were made to him by the friends of Dr. G., or he was invited to 0 to the mines in person and thus satisfy himself of their existence, he would reply that his health com- Hey him to leave everything in the hands of the judge. H is to the many reports originating in ignerance or idle malice—that Dr. G. was only an itinerant dentist travelling in Mexico—they are accounted for by the fact, that on his first errival there eo many persons toneultedt Povey they do there any physiciar—with regard to their mouth and teeth, and especially when they discovered that he had tome practical knowledge of the art, that he was obliged, often through courtesy, to perform many operations strictly belonging to the province of the dentist ; and then, enconntering one of that pro- festion just from the United Statee, be took bim as t same person still continues in practice in the city of Mexivo, having already given his testimony to there and other facie before the American consul resident there. Dr. Gardiner’s brother was wuentist, and desiring to sce the country, travelled over nearly all Mexico in the practice of his eee whilst the Dr. him- self was engaged with his mines. Not more than ten days s , the counsel of Dr. G., despairing of procuring for him an early trial, roposed to the conrt, rather than eubmit ‘to any ‘urther procrastination, to admit as testimony all the written evidence that the government had, or could produce; but this was not acceded to, for the great object now isto keep the case ia court until the special committee of the Senate has concluded their elt eps of this Mexican Commission af- fair, for, so long as Dr. G. is before a criminal court, his case cannot be Spee by any other tribu- nal, nor can he be called upon to give testimony against any of the suspicious cases admitted by that tribunal. On the arrival of Dr. Gardiner from Europe, he was informed by his counsel that the indictment was in itself illegal, and could be readily quashed; but Dr. G. very promptly observed, thet to do so or take any advantage of the want of legal forms, would wear the Qi of avoiding an investi- ation, and that he did not think he could place imeelf right before the public in any other way than by a thorough scrutiny of the whole affair be- fore a jury of his countrymen; but, as there have been up to this period, six attempts made to procure a trial, and the prosecution have been offered every advantage; and, haying in the course of the nine months that this unhappy affair has been pending, done all that a man could possibly do to prove his innocence, he has yielded to the advice of his cuun- sel in entering a demurrer to the indictment. If this demurrer be sustained, there will be an end to the prosecution for perjury, although the govern- ment may then, if they choose, bring a civil suit, | and harrass the Doctor for a year or two longer. Tt cannot be denied that this is an extraordinary | and unparalleled case, and affords some index to the | mancouvres and under-ground work of designing poli- ticians. Dr. Gardiner 1s battling with two powerful | governments, and a host of men unserupulons enough to attempt almost anything to accomplish their onds ; and yet ne stands his ground firmly, and bears with a tude only to be ascribed to conscious inno- | cence, the calumnies and the sneers of those who | (some of them) know his true position. It is assert ed above that he is struggling against the influence of two powerful nations, and thia will be best un- derstood when it ie borne in mind, that whagever is other elaim under the Jato crs, will belong of right to the ; the decision of the Board | t made upon the validity or wort claim, and their decision being A n can be advanced as entitled to any ey that may be reclaimed from succesy- ts. ‘The most extraordinary proceeding in this whole in pormitting Dr Gardiner virtually to | come beil for bimeelt. After paying the debte, | already referred to, the contingent tees of his coun- sel, and other heavy charges incident to the proses cution of the case, he found himself with about | $250,000, the whole of which was caveated by the government as soon ag the bill of indictment was reported by the grand jury. When Dr. Gardiner { | | | r. Parrott’s authority, resence of the grand | of the kind, orever | th Dr. Gardiner | rd to cere | But the grand jury hac | discovered a Mexican general, who spoeod that his | country wae too magnanimous and generous anation | | toi @ any private citizen, and that there er n any order given for the expulsion o i 8, that there were no quicksilver mines in Mexico, and that be never heard of such @ man as Dr. Gardiner being there, althongh he ad- mitted that his residenee was nearly one thousand miles distant from the scene of Dr. G.’s property, whilst the claim of the latter had nothing to do with quicksilver mines. Tho grand jury mixed these ho- tersogenious materials together, without understand+ ing their meaning,and gee ing thata large amount was pod tard, ae the government one of the parties, and that Dr. G. had “ absconded with the fruita of his villainy,” as it was called, found a “ true bill,” and, necessarily, for “ perjury.” Now, mark this, man wos charged with having defrauded the “government of halfa million of adilars, and he is impeached with Ferjary for having sworn to his memorial, that had nothing to do wih his claim be- ing allowed or rejected. Does not this prove that =a great one was to ruin his character for ulte- lor pur) Mr. in. Green was also before the grand jury, and with an ability peculiar to men of his samp, aided in denouncing the claim, alleging that Dr, G. bad asked for his services ay counsel in its ury, ever having n having hed any commun the of the and the; od w reckless py Teg ola, they ond jered that Dy. Gardiner would prove 4n eaty victiu. original proseeution, (which wos utterly untrue.) bes which he declined rendering, as be never knew | the | } precented himself to the marshal, bail to th ount of $40,000 was demanded, and the court was al- ready prepared to release go much of Dr. Gardiner’s | own money from caveat as would indemnify tho | friends who came forward as his sureties. Now the prosecution is for the recovery of the mon what Dr. er had left of it was already in thi osfession » perjury, Dr. Gardacy m i y bad faith toward: bail, who were secured by the transfer of a 1 that very money. He was virtually released wit out bail in fact. The foregoing memoir has been prepared from | works furnished by Dr Gardiner, that his many | friends may perfectly understand his position, and that bis character may not go undefended to his tomb, in cave of death overtaking him before the termfbation of the caso in court. A more enreful and diffuse history of the whole affair will be pro- pared when there vexatious proceedings are con- eluded, in which the conduct and motives of the chief actorsin this extraordinary persecution will be fully exposed. No intention or desire exists to cast the least imputation upon the conduct of the late Board of Commissioners. On the contrary, Dr. Gardiner is fully aware how much they have Ley ed in reputation by the arte of speculators and in- triguers out of doors. forence is requested to the accompanying sah of the decree of the Commissioners, validity of | Sg 20; ree tog, the, oe ane, ag usa- G's claim, the f. : “, bh fr deelsion until all other bad boon similarly acto mn. ‘Also, copies of letters to Dr @., from re Oneal’ AuNEDt persone, (etpecj ay those from Co.oue! | George A. Gaidinor’s standing in Mex the country from the United States, Sth —That the “poor dentist” proves to be not only a regular bred graduate of a medical esilege, but to have held the appointment, under Col, Gates, of assistant surgeon in the army, where he was highly esteemed as a gentleman, and which ho uitted at the close of the war, with the most com- plimentary letters upon his professional success. 6th—That there were motives, both political and personal, which actuated the originators of this prosecution—men of wealth, power and iafluence— who still keep it in # position before the criminal court upparalleled in the history of our jurispru- dence, and in violation of that provision of the con- stitution which A Nelvegee to every citizen a fair and speedy trial. Many of the statements in this memoir are ac- companied with proofs. In other instances, Dr. G. has disproved charges alleged against him; and ho does not therefore fear that any candid man wiil doubt that part of it which has xo other support than his own assertion. (copigs.] Mexico, A pril 25, 1842. Gentlemex—I accept with pleasure the kind invi- tation which you have tendered to me, in terms #0 flattering, on the of the American citizens resi- dent in Mexico. I accept it, not eo much for the honor which you tender me, as for the opportunity which will be afforded me of at once making the ac- quaintanco of all my countrymen in this city. Accept for yourselves, gentlemen, and those whom ou represent, the assurance of my grateful asknow- ledgments. Most respectfully, your obedient, ser- vant, W. THompson. Messrs. G. A. Gardiner, R. W. Hoyt, J. C. Lorry, committee. Mexico, April 28, 1842. Gentlemen—I have the honor to acknowledge the receipt of your note, inviting me to a public ry to be given by our countrymen to General Waddy Thompson, on Sunday next. It is a source of deop regret, that my early deparature from this capital will deprive me of the pleasure of meeting you and your distinguizhed guest at the time ced npeeet I pray you to accept the assurance of the esteem and respect with which lam, Your most obedient servant, Powuaray Exits, To Messrs \Gardiner, Hoyt, and Torry, committee. HEAD-QuakrERs, TAMPICO DEPARTMENT, December 13, 1847. My dear sir—You being about to depart from this place for the North, Icannot allow you to withdraw without expressing my sincere wishes for your future honor and welfare. Indeed, I consider it a duty I owe to you, to sighity t all whom it’ may concern, that your serviess 23 a physician 1 the United States Hospital, atthis place, has been of vast im- portance. You entered upon the dutica of that os- tablishment in the early part of the season, when fatal or epidemic diseases were prevalent, and the hospital crowded with patients, and when, too, fhere were many who fell victims to them in many parts of the town, whilst it was seen that your patients were most euccessfully and skillfully treat- ed. For several months I bad the pleasure of ox- amining your register of cases, and noticed to my surprise that youbad thenrecorded comparatively but few cases of death out of many cases of fatal “aala- dies, which facts assured me that your eervices were most happily secure to the public, and that your treatment of the men entrusted to your care had been. anes and faithful. If, ‘therefore, you should desire my services in order to procure a com- mission in the service of the United States, I shall be glad, at any time, to do justice to your recom- mendations, by a certificate of my high admira- tion of you as a physician, and more particularly as a gentleman, with whom I have sssociated with much pleasure. WiLtiam Gates, Colonel U. S. Army Commanding. Dr. Geo. A. Garpmner, Tampico. Grn. Wappy Tuompson—Dear Sir—I have gront pleasure in bearing testimony in favor of Dr. @. A. Gardiner, of whom I have, personal acquaint- ance and by the representation of others, a right to speak confidently. After his occupation of mining in Mexico was in- terrupted by the progress of the war botween that country and our own, he was eoaployed as & surgeon at Tampico. Officers who know him then and there, have always spoken of him, so far as 1 know, in terms o! ct and commendation. He was, in deed, a general favorite with them. I traveled from New Orleans to this city with Dr. Gardiner, when he came out here, and though I have not seen him recently, be was and is highly esteemed by me as a gentleman of strict Propriety and large attainments. His knowledge of the mineralogy of Mexico is more extensive than any otherI have met, and I would ES the highest estimate on any statement he would make, his mind being well balanced, as his principles are sound. With great regard, Iam, as ever, your friend. Jerr. Davis. January 12, 1850. ADJUTANT GENERAL’S OFPICE, Washington, January 11, 1850. Dear Doctor —I am pleased to learn you have presented your claim tothe Commissioners for losses sustained in Mexico, at the breaking out of the war, and sincerely hope you may be fully remunerated. I first formed your acquaintance at Tampico, Mexico, when you were performing the duties of assistant surgeon to tho United States troops. I then understood trom my friends that you, previous to the war, were established in the State of San Luis, and largely engaged in mining operations, and being an American, the Mexicans, after the war, compelled you to cease your operations, and your property then fell into their hands. I take pleasure in stating that my own friends in the army held you in estecm, and regarded you as a gentleman ntelligence oud uprigotness. 1 cer- tainly regarded you in the same light. Very sin- cerely, your friend, L. Tomas, Agst, Adjt. Gen‘l. Dr. G. A. Gardiner, Washington. Wasninertoy, Jan. 11, 1850. Sir—With regard to my knowledge as to Dr. ico, T am cognizant of the fact cf his banishment, ag an American citizen, from the State of San Luis Potosi, the tance of which was notorious, he having been driven forthwith from his business, in which he was largely engaged. ot in Mr Chase's office when Dr. Gar- ed himself, and spoke to Mr. Chase of test, against tho authorities of that juries he had sustained by his sum- State, fort | mary expulsion Dr. Gardirer has always been honorably known | in the city of Mexico, or wherever he has resided in that country. 4 From his swfferings with regard to the loss of his property, and his then destitute position, Mr. Chaso, his arrival at Lampico, applied to the Modieal vid in order to procure him, if possible, an ap- pointment as agsistant surgeon, 48 Our troops then occupied that place. He acquitted bimeelf with credit as a medical map, and es a gentlemen in i sonduct. Mt Frisian: Dr. Gardiner for several years por- sonally, end I have never beard bis veracity im- encbed. I take pleasure in handing you these fines, and beg leave to subscribe myself, sir, most respectfully, your obedient servant i” Ann Citase. Hon. Wappy Tuomrson, Washington City. Wasninoron, Jan. 12, 1850. take pleasure in ite thot Ihave known Dr. G A. Gardiner, late of Mexico, for more than twelve montha; that he was introduced to meas a gentleomin who had been broken up in his mining operations in Mexico by the war, and that afterwards he joined the Ameriean troops at Tampico, and becamo employed as surgeon. I have frequently met him in society in Washington, and among mombers of C 88, where he seems to be highly respected and esteemed by all whe know him, and fo be particularly woll ia- formed on a)] subjects connected with the mines in | Mexico and California. Dowxs. Wasninoton, 16, 1860. LS dear sir—I believe that ongtg tho of 47 that I first became acquainted with you Tampico, Mexico, where you acted in the cay —_ surgeon to the troops that garrisoned ity. Itake great pleasure in testifying to the high character which yuu bore, and the” ce Bell oxteey in which you were beld by your brother officers on Snae upwards of a year that you were in service with me. Tem eware that there was a rumor that you engaged in some mining, or other busineys in the: Hor of Mexico, when the jut, and allother American citizen: 01 , you had, no dont, suffered = jee crn ol youd busi-« reepeetfully, &0. . B. Cana. re te Late.A. Q a we Dr. G. A. Gardinor, Washington. I make thismy voluntary. offering te whom iG may concern:— For? ADAus, Newroxt, R. L., Jan. 17, 1850. This is to certify,-on the honor of an officer and s gentleman, that while I was in com as Civil or sbout the Gard and r Inter that, like rat the enemy, (the as iy in the business of mini he nad Foes the possession nivee z property. That his expulsion from, J] mn harsh and hasty, and conseque deprived’ | him of all opportunity of sottling or'securing said property in a Proper manner, by which he had beew SrPiseanl beacage, Toot baleghins aissiods ty eget authentic on | ie ny fy asa | , 3 did request to be in the ( ” States; that he was soon after con- and physician; service of tho hae; tracted with, and did eerve as such. ; Parise Whe time Twat fa commer ‘the troops ati | ‘empico, and in a manner entirely to his credit and my satisfaction. That while he, Dr. G., thu¢ continued under my notice, it was currently and fre- ently asserted by meny of the good citinens of » pico, and by them fully believed, (and suclr fj was wy conviction,) that said Dr. Gardiner bad fj been greatly injured ond abused by the enemy, by}! thus foreing him beyoud the protection of his pro- perty. I further certify that I have uninterruptedly { entertain a reepectful and hich opinion of Dr. Gar-) diner, as a physician and a gentleman, and that hi veracity as such has ever been unqaostioned by all who knew him at Tampico, or elsewhere. Wu. Gates, Col. 8d Reg’t. Art. U. 8. Army. Savannad, Ga., Febrvary, 23, 1850. 4 This is to certify, that whilst I wasin Mexico, § became well acquainted with Dr. G. A. Gardiner, and I take great plessure in testifying to his integ rity of character and great moral worth. I further know, from what was common report, that the s Dr, Gardiner had been long and sycces:fully en: gaged in mining in one of the provinces of Mexico, and that he been driven from his cause he was an American. I have. " also, that the orohe was compelled te abandon, wa estimated at two hundred thourand dollars. Ie) spectfully submitted. C. M, Hircucoc af! Assistant Surgeon, U. Dr. G. A. Gardiner, Washington. 2 WasuIncron, July 30, 1850. It gives me plearure to state that, having acquainted with Dr. G. A. Gardiner for sev years, I have been most favorably im by gentlemanly manners, and his uniformly correct d portment. Dr. Gardiner was introduced to me by an teemed army friend, with whom he had served Mexico, sod had since fully sustained the favorab terms in which he was reoomm i quaintance. i. U. BoaRD OF COMMISSIONERS ON CLAIMS AGainsT Mexico, March 12, 1850. § / The claim of Geo. A. Gardiner for loss of pt’ rty consequent on his expulsion from the State San uis Potosi, in Mexico, in October, 1846 :— It appears from the evidence in this casa, that th claimant was ole proprietor of a set of silver mip in the State of San Luis Pstosi lexico), and fro the year 1844 up to the period of his expulgion, ¢ the 24th day of Ootober, 1846, he had, at a gi outlay of capital, brought his operations in mini to a state of prosperity which bid tai to yield bi andsome profit upon the capital > in said mines. While thus engag prose tion of his lawful business, in which he had: work’ unmolested from the early part of the year 1844, ti | Executive of the State of San Luis Potosi, Yished & decree, gn the 2lst October, 1846, that the American citizens the @ the leave the same within the period of three days, | else be subject to arrest, and earried beyond Himits of said State. The cause alleged for sy order of expul:ton, was the near spprosch to f Btate of San Luis of the invading army of t United States, and the apprehensi soffered to remain in the State would give i gence to the army of their country. In pursuance ‘of this order of exp: regent claimant was driven ont of said forced to depart by a body of Mexican troo, after expelling the claimant and pillag’ perty, set fire to and destroyed his _bni 7 He stripping him of all his property. By the tre: 1831, Art. 26, between the United States and Mexi| it is expressly stipulated that in the event of between the contracting parties, the citizens either nation residing in the territories of the ot! and evgaged in any other trade or ion that of a merchant, shall be tted to ae in ue iia joyment of ¢! iy an 'y 60 as they do duct ‘hemsclyest mcoahly, ah donot ° mit any offence st the ti was therefore residing in Mexico tnd enti f 4) and ent , a8 a citizen of the United Stated the full benefit of the provisions of that part of treaty above set forth. It is to be observed, bi ever, that in estimating the damages which ‘a q zen of the United States should receive for the lation of his rights of residence in Mexico, a dud’ ‘ard must be had to the motives which appeai ave influenced the eae authorities of Mexic! put an end to suchright. It is notto be presa that cithernation, by any article or stioulation off treaty of 1831, intended to deprive itself of takit reasonable measure.of ution 1 an in, likely to result immediately from the resident the citizens of the ono nation in the territories o! other; to suppose the contrary would be to ac! ledge that by the said treaty cach nation had s lated against LE to itself of self-protectior#y reasonable cause of apprehension that an injury) its own security and renee was likely to from the residence of the citizens of the one na in any particular part of the territories in a state of war botween the two ju pP rcaution or proventivi porsibility of such an injury. ‘Tho right of a citil therefore, vi under such cireamstances, J not be considered as wentonly or vindictively adm and, under tho treaty of 1831, he would, bo ent! not to vindictive damages, but to sueh only a | sulted immediately from the interruption of | right, and tho acts of the agents of the governihl carrying out its orders. dence in this case, that claimant was not vindi he, and ali other citi ent in the State ecause the a: ouLtry were n wards that Stato, and were then in the posvessi: the capital of tho neighboring State of Ne 'f a reasonable time had been allowed th fo moke necessary arrangements for tho pec of his property, preparatory to his leavin; State, he might have had littl ¢ complain. But no such time being allowed but, on the contrary, being sompelled to abandy, property to pillage'and de ion, be is ontitld indemnification for the lo he suat: immediate expulsion. The Board i opinion, and does decid A. Gardiner is a valid claim game is according! 5 awarded subject to the futuro a (Signed) 4 the amount, otion of the Commi Boaup or Comaisstovens on Cranig AGAINST Mexico, Manon 19, 1850, In the case of George A. Gardiner, whose was decided by the Board ou the 12th Maroh to be a valid claim ag memorial having been filed be ing that the claimant bas assigned one fou of his interest in said pob ieee Ww coran, the Board decide one-fourth part sum which shall be 10 to the claim be awarded to tho s id (Signed) (ko. By ans, tae TALE B Sauer, Lae) Rowr. 7, pata} Commie i PROTEST BEFORE THE MAYOR OF TAR CITY OF INGTON, F (Memorandum. PRIDAY, Sept. 10, 1852—10 Tho defendant, Georgo r # Gar ie rita by his counsel, attends the further examinay witnesses in this case, in pursuance of t the District of Columbia, to be examined in th. of Virginia, does h solemnly protest again: proceeding a8 vexatious and ssive, and sy culated to evade and escape the effect of the ha examination of the said witnesses ; the said wi a being now actually in the eliy of Washingto being by the yvoluntery set of the comp!a abeut to be trunsported beyoud the reach uf