The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-04

Total .......................... Si2S75o
OF the foregoing, there was awarded TO Gar
diner $32l 5d2 20
And TO W. W. Coeoran, as assignee Of Gar
diner ACKNOWLEDGEMENTS. 107,1H 80
Total. $42a750 %
A ,h.r. hos Ran =. rood a., ~ t.,, .,o, ara. 80.
-, : 80 -.' '-.e ''~A",
'ne oPn'on =" INC o'Aiu WIZ Poeses' soi0e insex~s-
BOARD OF COMMISSIONER ON CLAIMS AGAINST ME1soo,
MARCH II 1850.
The claim OF George A. Gardner for loss Of propsty
consequent on his expulsion from the State Of San
Luis Potosi, in Mexico, in October, 1876
1t appears the evidence in this case that the
claimant was cole proprietor Of certain silver mines In
the State of Fan Luis Mexico and from the year 1874
ND to the period Of bis on the oath day of Oc
tober 1886 he had ut q great outlay Of capital
bis in mining to q state Of prosperity which
bid to yield him handsome profit upon the capital
invested by him in said mines While III as engaged ia
the of his lawful business in which he had
worked unmole.ed from the early part Of the year 1874
the Executive Of the State of San Luis published de-
the DIST of October 1s4e that all American eiti
then In the should leave the same within the
period Of three days else subject to arres and car
ried You'd limits f said state The cause ALLEGED
for such order Of pulsop was the near pprtaah 10 the
State Of Lus Of the invading army OF the United
States az the In At of the IJniteA
suffered TO remain in the state would give ints
gence to the army of their country In pursuance Of
this order pusion the claimant was driven
out Of said State TO depart by body Of Next
troops who after expeng the and pilla~
ing his property fire and his buildings
thus stripping him of all his property BY the treaty Of
1881 art Is between United States and Mexico It is
expressly stipulated that in the event Of between
the coptendng parties the citizens of either alton
residing the territories O other, n
gagged in any other trade profession than that of
merchant shall be permitted to remain in the unnsr
rupted enjoyment OF their liberty property as long
a. they conduct themselves peaceably do
nit any offence against the laws The claimant was,
therefore residing in Mexico under the guarantee Of
ction forth in the treaty of 1881 and en-
titled citizen Of the United States to the full benefit
of the provision Of that part set forth
1t is to be observed however that ia estimating the
damages which citizen Of the United should
%, bis be aa to Of the a
n hAv tDina IL.
.aco 10 PUT an ena 70 such right 1t IL not to be pre-
the treaty. ~ Issi i ~ any ar,eie OF OF
VIZ " ii, W uepriVe itsen oi taxing
70 rssnl, Pm th asa an ~ % likely
pose the contrary would to % that by sSe
raid treaty each nation had stipulated against the right
tbs t al cause ..
was likely TO arise from the residence of the citizens Of
G one nation in any particular part Of the territories Of
would justify precautlOn prevention against
Therefore violated under such ciroumsanses could not
be considered wantony or viodctively done; and,
uder the treaty OF 1901 lie wound DE entitled not TO
uhaicuve damages put 20 such only AZ resulted nnme-
uaey rom 'he interruption Oh such rights anu the acts
., sns Oh ,he ent carving OUT s oroers
appears, rom Tue evidence IN TINS case, tnat the ex-
iultinr hut that he and all other citizens of the ntsa
states resident IN he state or san LUIS were ordered to
.esve peesue the armies OF ,ne country were marching
.at star ana were then IN the possession OK
.ne helghporlng siate OF New Leon III Reasonable
tine had been allowed the claimant to make necessary
arrangements Tor the secuTy Of his property prepare
tory 10 biS leaving the state he might have had little
cause 10 complain bu no such time being allowed MN,
put on tne contrary oeing compelled 10 abandon ms
properly 20 psge ana destruction NE emitted 70 IN
oennhcation ior ne ins.s ne sustained py such mme-
ua,e me boaId w. 'neIeioie OF tne opimon,
and does decide that the claim OF George A. GARDINER Is
asnna claim against Mexico ana the same ~ aeeordng-
y allowed the amount to be awarded subjoet to the
iwther sctaon u the Bo&rd
~ . 1EO EVANS
ts'gned) S Sab b saITh' oomm'snonefs'
kObT. L PAINE, J
From the National Intelligencer July 81
We received YESTERDAY from the late of The
Board Commissioners for the examination Of claims