Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-08-22
TKs Gardiner Claim.


ded to. as will be seen from extract we published
last week. we deem it an act of justice to Gen THoMp
SON that the following article, explanatory of the
case, from the National Inteligeneer, to which our
attention has been called by mutual friend, should
appear in the columns of the Journal. Whether the
claim turns out to be fraudulent not it is difficult
to understand how from Gen. It's knowledge of DR..
G. and the facts presented to Gen. It's inspection
he could we'll refuse his professional services. We
have not heard that he was interested in any other
manner than as the Attorney for DR.. GARDINER
From the National Intelligencer (by request.)
The claim of Dr. Gardiner for loss and damages
tanned by him for having at few days notice, been driven
and obliged to abandon silver mine which he owned
in Mexico and which he working to great profit during
the late with that country and from which he thus
suddenly expelled the approach of the American armies
under the petenee that he might render services commu
ncate important information to the invading force
The original and principal counsel employed by Dr. Gar
diner to prosecute his claim before the Board of Commits
sioners in this city the Hon. Waddy Thompson, of
South Carolina which be first produced
to Mr. T. in support of it, being all that he then had were
his books entry letters bills receipts and other
papers connected purchase and working of his mime
bearing the undoubted impress of originality and auhent
city u,otor.,. ond foundation IF
his evidence these papers not IN such form or a
thentcated as considered sufficient to establish his
claim the rules which had been adopted by the Com
mssioners he obliged to visit Mexico IN order to
have them duly authenticated and to obtain the legal est
,nony parties with these original vouchers
Having he thought accomplished this object he return
ed Washington and his claim submitted to the Com
mssoners who made preliminary decision that the claim
was admissible The substance of this decision. which
the usual mode adopted by the was merely
that the Mexican authorities had inflicted pecunary injury
upon Dr. Gardiner and that as he was an American citi
zen he entitled to indemnity under the provisions of
the treaty of Guadalupe Hidaigo, the amount of which in
demnty be asceained and decided after the docu
ments had been examined upon that point.
The proofs however, establish the whole amount to
which Dr. G. considered himself entitled were not complete,
and became necessary for him to make second visit to
Mexico In this visit he also had another object in view
which to endeavor to compromise in whole or in part
with his creditors in Mexico to whom he was very heavily
indebted for the to work his mine Of the large
funded from the produce of his mining operations, but still
leaving very heavy Indebtedness existing at the time he
fbly expelled from his property To enable him to
make these COMPROMISES well as to defay the needfu
penses his trip, obliged sell portion of his
claim as the only mode by which he could obtain money for
he had been left entirely destitute of available means In
the completion of his testimony he successful but only
mands against him in Mexico to the extent of more than
100000 being the balance due for which he had OBJ
open and work his mine his whole expenditure on it
mounted to $3.50 part of which betrayed by the
duce of it. The above balance of debt to be paid and
part of it has already been paid from the amount which
might be awarded to him for his claim.
The whole proceedings of Dr. c., and all the collateral
circumstances connected with this claim putting aside the
overwhelming documentary evidence in its favor tend ire
sstiby to establish its genuneness both to its authen
city and its amount 1t was not case completely and fully
made from the very with the documents
and all complete and duly arranged in legal and unde
his counsel in their original and crude condition. and
just in such state as man might be supposed to have his
ged pick them up his office in order that they might
accompany him his hurried and forced departure and it
his counsel who had to point out to him the legal def
cheney in his evidence and what to be done
order to comply with the rules which the had
established This would have been had the claim
been fraudulent made-up but the contrary, in
that he would have forward with everything due
and complete order.
Among the put forth that he always
means could procure the credit work such mine ;
and have denied that he owned mine
regards the former the and undoubted fact of
his heavy Indebtedness Mexico shows that he not
it and the books and vouchers before the
fully established that he had had the of much larger
and exhibit the most minute details of the expenditure
off
view the security the impo
sed upon the produce all mnes the laws of Mexico oblge
the Aalde of the place keep book of original entry for
all the transactions of the mines both for their expenditure
and produce all the details of which furnished to him
day by day by the parties Among the documents
produced in the present the duly authenticated
of this book thus kept for Dr. Gardeners mine the original
being always record in the Office of the Alcalde In this
book detailed all the operations of the mine day by day
and closed up weekly with the outlay for labor Materials
quicksilver mules water-dam sawni erecting refinery
&c. and exhibiting the gradual and expansion OF
the work from its ncpient state until its full operation
Ali the collateral connected with the details
of this book carry with them internal evidence of originality
and authenticity, apparent even to casual observer and
highly improbable that it could possibly have been
prepared for the purpose Among the items charged is
large sum for steam engine and machinery, procured IN
England with the of the party who furnished it, and
the expenses of transporting to and erecting it in Mexico
the working the he fact that SUCH
engine and machinery actually to him from Eng
land and paid for agreaby to the entries in the books
pretty strong evidence that he carrying extern
works in Mexico matter of notoriety and also that
in consequence of the knowledge that preliminary award
had his favor the bulk of his creditors there
refused accept his offered compromise This latter is also
proof that these creditors believed that his claim
fully of the large sum was INDEBTED One
of these debts to the of 900 has been paid
by him gentleman of this city, authorized to coectt
thus showing that they real, and not fictitious.
There various strong collateral circumstances proof
of the reality and extent of the claim of these is thai
he mentioned the particulars and details of his claim
riOus after his expulsion and during the exs
tence of the with Mexico when he could have had
motive for faehood exaggeraton the treaty
then made with Mexico, and neither he else
could have the least idea that any provision such claim
would be made in the treaty Among others whom hi
made these statements Col Gates whilst he il
command of Iamuco. This gentleman gave his testimony
men he had received from the Mexican authorities and hi
consequent losses the full of the he subse
quenty claimed which shows the consistency of his tale
when he could have expectation that he would
any indemnity but that his loss like all othe
losses sustained by individuals in state of would have
to be borne by himself in the if his ship
cargo had been captured the high by enemy
The testimonies favor of the standing and char
of Dr. Gardiner of the respectable
from such Scott, Senators Downs and JEFF
feron Davis &C., all of whom speak of him in the highes
terms,
All the assertions of his poverty restitution
means, nonexence of such mine &c. brought tn
attention of the Commissioners Investigated by hem
dismissed being entirely unsusained completely refu
ted.
The first report the subject of this alleged fraud
such bald dsjonted fasehood that fell to pieces or
its rottenness 1t that Dr. Gardiner had vol
unfairly confessed the fraud to MIR Porte and that he fur
Their stated that he had only been able to retain 900 70
himself out of the entire award of upwards of 800 600
the rest having been absorbed by his counsel and Others