Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1851-08-16
The Gardner Claim.

journalist, to let our readers know something
aboutwhat he is pleased to term "tbe Gard.
ner fraud" We had thought that this clam
or of the Locofoco press would be perfectly un-
derstood by all intelligent readers. and as far
as we were concerned, had intended to let it
tpass unnoticed But lest there are some, who
have not the means of ascertaining the facts
in the case, we propose giving brief state
ment of them, and commend it to the careful
attention of our honest neighbor, with the re-
quest if he wishes his readers to know the
truth, to give it an insertion in his paper.
1t is well known to our readers, probably,
that President Polk and his political advisers,
in their bury to bring to close the Mexican
war.in which they had involved the U. States,
entered into treaty with that country, to in
demnify its citizens for all losses sustained by
them, in consequence of the war with our
Government, they eeding to us California.
New Mexico, DC. ,.
The claim of DR.. Gardner was founded up
on this treaty, and was for loss and damages
sustained by him for having. at few days no
tice, been driven from, and obliged to aban-
don, silver mine which he was working to
great profit. "The Hon. Waddy Thompson
was the original counsel in the case, and to
him DR., Gardiner submitted the books oforig-
inal entry, letters, bills, receipts and other
papers connected with the purchase and wor
king of his mine. bearing the undoubted inn
press of originality and authenticity. They
were not however, in such a form, nor SO au-
thenticated as to be sufficient to establish his
claim under the rules which had been adopted
by the Commissioners, and he was therefore
obliged to visit Mexico to supply these defects
of form. With the evidence thus made to
conform to the rules Of the Board, he was de-
clared by the Commissioners to have good
claim upon the government for loss and dam
ages sustained, leaving the amount to be de-
termined by such evidence as the claimant
should afterwards produce. The completion.
of his evidence, as well as the desire to,com-
promise with his creditors to whom he was
deeply indebted. induced Dr. Gardiner to
make second visit to Mexico He was sue
tcessful in procuring the necessary evidence.
but he lett unsettled claims behind him in
Mexico to the extent of more than 100000,
bis whole expenditure for machinery and for
opening and working hismine having been
sSso,oOo." s. as ss5g
So much for the origin of the claim Now
for its authenticity, and in lieu of any thing we
could say ourself, we publish the following
statement, taken from the National Intelligen-
Ger, paper that is well known throughout
the United States, as the most authentic and
reliable of any published in the Union:
The whole proceedings of Dr. G.. and all
the collateral circumstances connected with
this claim. putting aside the overwhelming
documentary evidence in its favor, tend ire
sistibly to establish its genuineness, both as TO
its authenticity and its amount 1t was not
case completely and fully made up from the
very commencement, with the documents
and proofs all complete and duly arranged in
legal and undeniable order, but the papers
originally produced by him to his counsel
were in their original and crude condition,
and Just in such state as man might be |
supposed to have his books and papers who.
at very short notice. had been obliged to
pick them up in bis Office in order that they
might accompany him in his hurried and
forced departure; and it was his counsel who |
had to point out to him the legal deficiency |
in his evidence, and what was necessary to be
done in order TO comply with the rules which
the Commissioners had established This |
would not have been SO had the claim been
fraudulent or made-up one; but, on the con-
trary, in that case he wonld have come for
ward with every thing in due and complete
order.
Among the statements put forth is one that
he was always considered poor man in Mex
leo, who neither possessed the means nor could |
procure the credit to work such mine; and
some have even denied that he ever owned IL
mine, or ever worked one, or even that such a
mine ever existed. AS regards the former,
the acknowledged and undouhted fact of his
present heavy Indebtedness in Mexico shows |
that he not only had credit, but that he had
successfully used that credit; and the books
and vouchers before the Commissioners fully |
established that he had had the use of much
larger sum, and exhibit the most minute details
of the expenditure of it
With the view to the security of therevenue
or tax imposed upon the produce of all mines,
the laws Of Mexico oblige the Alcalde of the
place to keep book of original entry for all
the transactions of the mines. both for their
expenditure and produce. all the details of
which are furnished him day by day by the
parties interested Among the documents
produced in the present case is the duly au-
thenticatcd copy of this book, thus kept for
Dr. Gardner's mine, the original being always
on record in the office of the Alcalde. In this
book are detailed all the operations of the mine
day by day, and closed up weekly. with the
outlay for labor, materials, quicksilver, mules.
water-dam, saw-milL erecting refinery, &rq
and exhibiting the gradual progress and ex-
pansion of the work from its incipient state un-
til its more full operation. All the collateral
circumstances connected with the details Of
this hook carry with them internal evidence of