The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-23

WASHINGTON, January Is, 1870.
NY dear SRI believe that it was in tho spring
Tanpieo, Mexico. where you acted ia the capacity
Of assistant surgeon TO the troops that gsrfisone
that city.
take great pleasure in testifyipc 10 the h;sh
character which you bore, and the univ rsal esteem
in which you were held by your brother ofioers
during upwards Of year that you were in Service
with mo.
am aware that there was rumor that YOU vsrs
engaged in mining other business in the into
rior Of Mexico when the war broke out and that like
all other American citizens in that country, you had
no doubt, suffered by the interruption Of your busi-
ness very 's'p'''II1 sis a A. Q NJ. u. 5 Army Army
DR.. G.. A. Gardner, Washington.
make this my voluntary Offering - whom it
- :, = FoRY ADAMS, }
NEWPORT, r. l., Jan. IL, 1850.
This is to certify on the honor Of an officer and 2
gentleman, that while was in command as Civil
and Military Governor Of Tampico. On or about tho
month of July, l8a7. DR.. George A. Gardiner. am
his arrival from the interior Of Mexico as then
necessary and proper that he should do, according
to orders. That he stated to me his abuse and en-
position IN or near San Luis potosi, where as had
been engaged in the business of mining, and where's
he had been in the possession Of large amount of
property. That his expulsion from his position had
been harsh and hasty, and consequently deprived
him Of all opportunity Of settling Or securing said
property in proper manner, by which he had boon
compelled odepart without any Of said property but
his personal baggage, That being thus situateds
his qualifications and good standing . surgeon
and physician; did request to be employed in tho
service of the States; that he was soon after con-
tracted WITH and did serve us such during the chief
part Of the time was in command OF the troops at
Tsmpco, and in a manner entirely to his credit
and my satisfaction. That while he, DR.. c., thus
continued under my notice, it was currently and fire.
49, -
fampco, and by them fully believed, land such
was my conviction,) that said DR.. Gardiner mad
been greatly injured ond abused by the enemy, by
thus forcing him beyoud the profession OF his pro-
perty further certify that nave uninserraptedly
entertain respectful and high opinion Of Dr.. Gar
diner, as physician and a gentleman, and that his
veracity as such has ever been unqacstioned by al
who knew him at Tampio0' or % S1ss" b IRE,
Col. Sd Reg't. Art U. g. Army.
SAVANNAH, Ga , February, %, 1860.
This is to certify, that whilst was in Mexico,
became we'll acquainted with DR.. g.. A. Gardiner,
and take great pleasure in testifying to his integ
rity of character aud great moral worth. further
know, from what was common report, that the sai0N
DR. Gardiner had been long and success fully ems
gagged in mining in of the provinces Of Mexicos
cause he was an American. I have heard it said
also, that the ore he was compelled to abandon,
estimated at two hundred thourand dollars Re
specially submitted TO-. g n; HIlcacGGk, h
us u II
Dr. G. A. Gardiner, Washington. "
WASHINGTON, July 80, 1850. NJ
1t gives me pleasure to state that, having bes
acquainted with DIR. G. A. Gardiner for severs
years, have been most fayorably impressed by b; \
gentlemany manners, and his uniformly correct del
pertinent.
Dr. Gardiner was introduced to me by an efSk
teemed army friend, with whom he bad served I'm
terms in which he was recommended to my 4 ~
uuaintance III. l.. HEIsKELL. fM
Surgeon U. s. ARM 4
BOARD OF COMMISSIONERS ON CLAIMS Il N
AGAINST MEXICO, March II, 1850. III
The claim Of Geo. A. Gardiner for loss Of pr
perty consequent on his expulsion from the State \
San Luis Potosi in Mexico, in October, 1885, i3l
1t appears from the evidence in this case, that u
claimant was cole proprietor Of set Of silver min
in the State Of San Luis Pstosi (Mexieo), and fro N
the year 1914 up to the period Of his expulsion, IN
the Nth day Of October, 1876, he had, 81 gre III
outlay Of capital, brought bis operations in mini
to state OF prosperity which bid Ian to yield ~
handsome profit upon the capital invested % III
in said mines While thus engaged in the prosec
ton Of his lawful business, in which he had work
nnmoested from the early part Of the year 1874,
Executive Of the State OF San Luis Potosi, pun
iishc1 decree, on the 2lst October, 1886 Ina.
the American citizens then IN the State. she'd
leave the same within the period of three days,
else be subject to arrest, and carried beyond I
limits Of said Srate. The cause alleged for su
order vt expulsion, waa the bear spprosch TO ~
United States, and the apprehension ira, citizy
suffered to remain in the State woui give intel
gence TO the army Of their country III
In pursuance Of this order OF exclusion Ill
present claimant was driven ont Of SAID State ak
forced to depart bya body of Mexican troops, VIII
after expelliDg the claimant and p,llagipg his d
peIty, set fire to and destroy ed his Buildings, N
stripping him OF all his property. By the treaty
1881, Art rs, between the United States and MexiI
it Is expressly stipulated that in the event of III
between the contracting parties. the citizens n
either nation residing in the territories Of the o'
and engaged in any other trade or profession ~ |
that OF merchant, shall be permitted to y
main in the uninterrupted enjoyment Of tFSl
Liberty and property, so long as they do c.
daf. ,n themselves oseeD peaeesbly and do not
was therefore residing in Mexico under the q
antee Of protection, set forth in the treaty of IL
ana emitted, as citizen Of the United States
treaty above set forth It is to be observed, b,
ever, that in estimating the damages which a
zen Of the United States should receive for the I
lati9n OF his rights of residence in Mexico, DUO
have influenced the public authorities of Mexicb5
put an end to such right. 1t is not to be presu{
tnat either nation, BY any article or stipulation Off
treaty OF 1881, intended to deprive itselfof TAXI.
likely to result Immediately from the residence
the citizens OF the one nation in the territories
other; to suppose the contrary would be to ackrt
ledge that by the said treaty each nation had st(
lated against the right to itself Of self protec,oi
reasonable cause of apprehension that an iniurf
its own security and protection was likely to ~
from the residence of the citizens Of the ma
IN any particular part of the territories Of the OF
IN state Of war between tho two nations, wd
JUSTIFY proper precaution or preventive againstS
possibility OF such an injury. The right of a ctiPs
therefore, violated under such circumstances, 9.
not be considered as wentonly or vindctively an
and, under the treaty of 1881, he would. DO entt
not to vindictive damages but to such only asS
suited immediately from the interruption Of 4
right, and tho acts Of the agents of the eoyernt
carrying out its orders 1t appears from theS
dence 10 this case, that the expulsion of the prY
claimant was not vindictve or insulting but M
he, and ali other citizens Of the United States G.
emit in the State Of san Luis, were ordered TO IA
ecause the armies theircountry were marchinE.
WARDS that State, and were then in the possessiE
the capital OF tho neighboriDg State OF New p
II reasonable time had been allowed the clailk
20 make necessary arrangements for tho aecEIN