The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-26
The Gardiner Fraud.

The Gardiner Fraud.
Several articles which have appeared lately
in the Union are calculated to generate the i'm
preston that the Administration or some of
It's members is, in some respects, responsible
for the fraud which is alleged to have been
practised upon the Government. Before this i'm
putation ripens into an article of Democratic
faith, we will state succinctly the facts in
regard to the GARDINER claim.
By the treaty of peace with Mexico, the
United States agreed TO pay the claims estab-
lished by American citizens against the Mexi-
can government to an amount not exceed
inc three and one-fourth millions of dol
lars During the administration of Presi-
dent Polk, an act of Congress authorized
the appointment OF three commissioners to
adjudcate the claims arising under the Next
can treaty. In accordance with this act three
commissioners were nominated by President
TAYLOR, and by and with the consent of the
Senate confirmed. Amongst other claimants
under the Mexican treaty were Messrs. GARDI-
NER and MEARs. Their claim, established by
apparently authentic and undisputed testimony,
was examined and allowed by the commission
ers. No suspicion was entertained of any fraud,
in regard to this claim, until after the award
and payment by the commissioners.
Subsequent, however, to the payment of the
claim, and after the departure OF DR.. GARDINER
for Europe, il was said that he had confessed
to a Mr. PORTE that the claim was fraudulent,
and sustained by fabricated testimony. Upon
receipt Of this information, The PREsIpxsf d.
rected the District Attorney to inform the
Grand Jury, then in session, of the representa-
tiDn against GARDINER. This was done, and
resulted in the finding of true bill against
GARDNER for false swearing to the memorial
PORTE having been summoned before the
Grand Jury, denied, on oath, the confession tC
him by GARDINER that the claim was fabricated
The bill was found, we understand, by the
Grand Jury, upon testimony before them other
than that of PoRTE.
Such is the brief and correct statement of the
fraud alleged to have been perpetrated upon the
Government.
1t will be seen that no responsibility attaches
TO the Executive Administration for the decep-
ton alleged to have been practised upon the
Commissioners by GARDINER. 1t will be seen
that, in consequence of the prompt discharge Of
his duty, the President has subjected the al
legged offenders to proper responsibility fol
their unlawful acts.
The Administration is thus acquitted by the
facts of the case. The Union, however, pro.
ceeds to condemn the Secretary of the Urea
sury, because he, Gas Senator of the United
States, a servant of the people, and paid for
his services by. the people," was to receive a
contingent fee upon the allowance of this claim
by the Board of Commissioners.
1t goes on to argue that the receipt by SEN
ator Of contingent fee for services to be rem
dered in the prosecution Of claim is wrong,
because his services belong to the people, who
have paid him for his time This, we suppose,
is question of extra employment and compen-
sation, 10 be settled with the constituency OF
the Senator, and not with the public.
The next charge is embodied in the follow
ing aph taken from the Union:
"Why, then, and for what purpose, were Wing
Senators employed and paid fortune in fees ?
There is but answer to these questions Politi-
calinhuencc over political friends the thing
the court Of last resort, and Wing politicians
were paid high prices blind man can see and
deaf man hear the secret purposes of the
conspirators Political position and political in
fuence were the things paid for; political position
and political influence were the things sold. Dis
guse is useless-eyason is without avail"
We will not undertake to say whether the
practice of employing Senators to prosecute
claims before strictly Judicial tribunal be pro-
per, but it is FAR from being unusual. The most
eminent members Of the Senate have appeared
before the Supreme Court, they have received,
we suppose, fees, direct and contingent, as is
the usage Of professional men, yet it was never
said that because Democratic Senator received
a contingent fee for practicing in a court, the
judges Of which were appointed by Demo
cratic Executive, that political influence was
the thing paid for, or political influence was
the thing Sold" This was an imputation re-
served to be charged by bitter political jour
nal as peculiar to the Wing party. 1t is an
irnputatiJn from which we will not descend u
defend our political associates or ourselves.
The Board of Mexican Claims is emphati-
cally judicial tribunal. Its duty was TO au-
dit and adjudicate the demands Of our own citi-
zens against the government of Mexico. II
the amount received under the treaty proved
insufficient to satisfy the whole amount claim
cd, then the sum reserved was TO be applied in