The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-10
The Garsilacr Claim.

OCTOBER 10, loo2
DEAR SIR start in the morning for Mexico, and
nclose you copies Of Mr. Fendalls letter to me, and
nv ans wer thereto You will perceive that he makes
me no proposition, does he offer me any guarau-
tee; and having waited nov for the last fosr days
for his answer and not hearing from him, have
determined to proceed with my friends on my own
account. ! may possibly meet the Commissoners
out there in which case / will show them all they
want to see; but think they are going out OF the
way, and will not get to tho mines for nearly two
months yet in which time hope to be back here
G. A. GARDINER.
cory OF A NOTE FROM MIR FENDALL, DISTRICT
ATTORNEY, TO DIR G. A. GARDINER.
OFFICE OF THE U. >. ATTORNEY, G.
WAsnINGToS, Oct. 9, 1852.
SIR-The President is about to despatch an agent
to Mexico, for the purpose OF ascertaining, by IN
spection and investigation, the true character Of the
claim presented by you TO the Commissioners, UNDER
the treaty of Guadalupe Hidalgo, and especially the
location Of your alleged mine
On the part Of the government, now inform you
that the sgent will leave New Orleans on the 10Th
inst and that if you think fit to send with him q
person instructed by you TO conduct him 20 the sts
of your alleged mine, the government WIZ afford 70
such person free passage to Mexico and back, and
defray his expenses while in Mexico, and on both
journeys or if you prefer to refer the agent to any
ak or more persons in the republic OF Mexico, Win
precise designation of their respective places OF
residehce and with instructions to conduct the agent
to the site Of the alleged mine the agent viii cali
ON one more of the persons so named by you, re-
quest to be conducted by him or them to such site,
and If the request be complied with, VIII accord
ingly proceed thither. 40
Or, further, if you prefer to both or either OF the
foregoing alternatives to furnish to the agent de-
scription Of the site of the alleged mno, psrticu-
lar and precise to enable stranger to the loca
tics Of the country to find the site of the alleged
mine, il it now exist, or has heretofore existed,
then, and in such case, the agent will be instructed
to proceed TO the spot indicated by your description,
make the necessary inspection and examination, and
report accordingly. Should you accept the first
proposal, the person selected BY you VIII, on re-
porting himself 20 the Collector at New Orleans be
introduced by that officer 10 the agent OF the gov
ernn emit, and provided with q passage to Mexico.
Should you accept the second or third proposal you
can either furnish to here or forward to the Col
lector ut New Orleans, list Of the names OF the
persons contemplated by the second proposal, or the
description contemplated by the third proposal
DR. GEORGE A. GARDIkFR.
DIR GARDENERS ANSWER TO MR., FENDALL's MOTIF.
WASHINGTON, Oct, IL, 1862.
SIR have received your note Of the 9th inst. !,
and have taken time to consult with my connseh
and deliberately to consider it myself decline
the propositions which submitted in it, and sub
NIT others, as follo1s:-
will accompany, with two friends, any commits
sioners the President may appoint, to inspect the
alleged mines, provided Mother Of the commission
ers SO named shall have been, heretofore, partizan
in the prosecutions which have been instituted
against me, and with these additional terms
LIST. The expense of transportation, Sc from this
city to the mines and back, be borne by the United
States.
ID A safe conduct, or protection, for myself ara
friends while in Mexico.
Sd. The criminal causes against my brother and
self to be continued until the return Of the COM
mission.
4th No testimony which my be taken by said COM
mission shall be used in airy of tho cases, civil or
Grim nal, instituted by the government az ainst my
brother or myself, unloss the same shall be taken
under my consent in writing.
9Th. That testimony may be taken by either tho
commissioners myself, upon agreement in
writing, signed by both, and may be used either in
said civil or criminal causes.
9th. If the report OF said commission shall be sa-
tissctory, to the existence Of the Mines all civil
ard criminal proceedings, heretofore instituted
against me, are to be dismissed and the funds
locked up by the United States, under their inunc-
tion to be paid over to ne.
have we'll considered these various points, and
suppose they will meet your approval. | ask nos
thing from the government but sheer justice; aad,
il my propositions declined, they must be pro-
pared will be, at the next term Of the crimia IL
court, for my trial. If they are aceeded to, am
prepared to leave at for Mexico, and point out
the mines. An carly answer is requested.
(SigRed) GA. GARDINER.
P. r. FENDALL. Esq, District Attorney, Washing-
ton city, d. c.