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

thus v obtain possession Of tAoss ssPfhss - whiea
ne Amy stood 50 nssh u need. IL fsnera or1sr
sursrise. vas compelled - abandtn. his property
vitS but few hours nctice, coupany q troops
Hsvsg ben sent expressly 70 take pessesne9 Of his
R ssS "ss s,s ash q u.s % sSs ssS g
Gan Luis Potosi, and pressing into the service the
moss Of his workmen, set ire 70 the buildings
20 conceal the extent Of their eutEAges, and
lsfs thls magnificent a1d promising prIRssty :
his home, after months Of trial and ptf7ation, az
posed to fatigue and hunger, and hardships which
none but the most robust constitutions could have
borne, and y the peril q hs life, found hs way 70
the penalty Of death had been pronounced against
any one detected in going TO or coming from any
place occupied by the Americans. ,,I. ~.
At Tampieo he found waxmhsarsed friends; and
the commander. Col. Gates, being informed Of the
outrageous conduct Of the hexicans, and N Gomez
qucnce of his known standing - physician, up.
pointed him. with the rank Of assistant surgeon, TO
take charge Of one Of the U. 8. Military Hospitals
where he acquitted himself, as will be seen BY his
vouchers, with great credit and even distinction-
Waiting Washington on short Leave Of absence,
to ascertain what might be his chances OF recovery
against the Mexican government for the outrages
committed against him. But here he met with
little encouragement, the treaty, under which in
demnity for such spoliation was subsequently, OBJ
tanned, not having been then formed. nor any pros
pect Of ouch indemnity, although eminent coun-
ready existing treaties, from the notorious poverty
Of the Mexican government. DR.. Gardiner returned
to Tampco, and resumed his duties in the army Of
the United States, until the close Of the war, and
with his friend, the Hon. Waddy Thompson, whom
he had net seen since the year iSi3 and who ex-
pressed his utter amasement when informed Of his
violent expulsion from his property in Mexico.
At the request of DIR. Gardiner, Mr.. Thompson at
once became his counsel, upon the evidence
which DR. Gardiner had already procured.
This was before the appointment of the Board
OF Commissioners, and When it was Of course IN.
known what kind of clams would be recognized by
the government OF the United States, as coming
within the meaning OF the treaty Of Guadalupe Eli
dago, or the rscs Oh evidence that would be adept
cd, &c. &c. DR. GARDENERS ease, = rough hewn,
and but i'll prepared II was. relying simply upon
its own merits, Of the frs; presented to the
Board or Commissioners, in the FIRST month of their
ssioD, and after strict and labOrious investga-
tion 1t was pronounced to be "a just claim against
Mexico the announcement of which appeared in
the Washington papers in March, 1850, remaining
open for investigation, challenge and decision,
III the final action OF the Board. in April 1851, sub
jected during that time to the attacks, through
Jealousy or mileyolence, OF other claimants, IL any
such there we're; and yet, during all this time,
counting, from its VIGOROUSLY large amount, and
the Efforts Of the Commissioners themselves, every
possible objection, one came forward to impeach
1t, which, If they could have done so, would have
resulted greatly to their advantage in diyerting 80
large sum TO the use Of other claimants.
Gen. Thompson was employed by DR. Gardiner ms
his counsel because, having been Minister to Next
knowledge OF DR.. &c circumstances and occupations
in Mexico, and was familiar with his social position
there; ne was employed, as customary in almost all
such cases. for Contingent fee in lieu of present pay
ment, being 10 per cent on the amount that might
be recovered shortly afterwards Gen. Thompson
informed DR. Gardiner that he bad secured the val
liable aid Of the Hon. Thomas Corsin, who was to
be compensated out Of the contingent fee already
10 i.h D- n laro -
no objection, but on the contrary was highly graft
fed.
A short time afterwards DR.. G. wa. informed that
IL considered polite to associate with his other
counsel the Hon Ed. Curtis, more in consideration
OF the notorety of his determination to prejudice
every case in which he was not employed than for
any real active service he couid render On
these grounds Or Gardiner consented to admit Mr..
Curtis as assistant coussel, with contingent fee Of
five per cent, which he the more readily agreed to
do from his supposed influence with one Of the
mssioners; and, as the decision of the commission
was to be final, from which decision IN injured
claimant could make no appeal, it was deemed I'M
wise to run the hazard of his opposition.
During the action OF the commission, tho Next
cans to whom DR.. Gardiner mad become indebted
in the course of his mining operations, and to
whom he owed in the aggregate abou. 800 600,
we're urgent il their demands for fall partial
settlement that he was induced TO raise, through
the old of Mr.. W. w. Coreoran, the sum Of
SGT. goo, a mortgage Of one-fourth Of his claim,
which accordingly transferred to Mr.. w.
W. Corcoran, the records or minutes of
the commission. Meanwhile, DR.. Gardiner had
not only stood the test Of time and notoriety
for twelve months, but bad actually appeared before
the Commissioners, where he was examined and
cross examined to the most scrutinizpg extent,
being the only claimant who had passed through
such an ordeal, and that at his own request. Tns
examination was apparently quite satisfactory to
the Commissioners; and very soon after special
agent, who had been cent to Mexico for papers in
relation to other cases. returned and reported most
favorably, although incidentally, of the Gardiner
claim so far as he had heard it spoken Of in Next
co. This agent was perfect stranger to, and un.
known by, DR.. Gardiner Shortly after this, the
Honorable Mr. Letcher, Minister to Mexico, re-
turned upon visit to Washington. and was con-
suited by the Commissioners in regard 10 the various
claims before them and among those of which ne
spoke most tavorably, was that of DR.. c., of whom
he had 20 persona! knowledge; but he stated that
public opinion as far as he was able to judge, con-
sdered Dr. G. entitled to award of several hum
bred thousand dollars, the general belief of his
enormous losses.
On these grounds. and having dspelled doubts,
in the minds of the Commissioners, and one
during the two years that they had been in session
having appeared to impeach his claim, the very
moderate award was made of the sum Of $3.50 900
with interest from fling the claim until the day Of
payment, making in all $l2S. 0O0--a decision which
excited much establishment in the minds Of Dr. Garh
ner and his counsel, and even admitted by the Com
missoners themselves, in view Of the testimony be-
fore them to be insufficient in proportion to other
having frequently stated tndt tne case OF Dr.
Gardiner was the strongest and most reliable one
before them, from the complete and satisfactory ma
ture fbis evidence. bis books of accounts, and all
the testimony he had produced, proved conclusively
that the actual outlay, under the system or policy Of
reinyestirg the produce every year in ma 3inery,
&c. for the increase Of the works at his mines, in
the purchase of stores, powder, sc and the con-
struction Of buildings and for the use of his
credit for the same purposes, hsd amounted to
upwards of $50, 000 including, of course, his
original capital already adverted to. IL was further
shown that ore to the amount of $50 900, in
istence or the valuation thereof, and that $4,000
worth Of silver, in the process Of amslgamation,
was likewise in existence there; and it shown,
to the satisfaction Of the commissioners, that the
monthly product Of the mines was $4,000, at n
monthly expense Of $4,000 yield, enormous as it
may appear, the exploration OF the mines justified
in anticipating FOR five years succeeding. II was
shown that offers had been made for shares il these
mines at valuation Of $3.50, goo, and rejected, upon
all which grounds DR.. Gardiner anticipated an
award Of $780, coo, instead Of the one Of $3.50 000