The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-06

alleged mine, the agent will call on one or more
the persons SO named by you. request to be con
Quoted by him them to such site, and, If the n
quest be complied with, will accordingly procee
thithcr.
Or, farther if you prefer to both or either of tn
foregoing alternatives. to furnish to the agent
description OF the site of the alleged mine. pat
localities of the country to find the site Of the al
legged mine II it now exist or has heretofore exst
ed, then, and in such case, the agent will be in
structed to proceed to the spot indicated by you
description. make the necessary inspection an,
examination, and report accordingly.
Should you accept the fret proposal, the person
selected by you will, on reporting himself to tn
collector at New Orleans, be introduced by tina
officer to the agent of the Government, and pro
vided with a passage to Mexico. Should you &C
cept the second or third proposal, you either
furnish to me here, or forward to the collector a
contemplated by the second proposal, or the de
scription contemplated BY the third proposal:
DIR. GEORGE A. Ga RDIsER.
/ WAsHiNeroN, October II, 1852.
SIR: have received your note of the Och instant
and have taken time to consult With my counsel
and deliberately to consider it myself DECLINE
the propositions which are submitted in it. ane
submit others. as follows:
will accompany. with two friends, any com
missioners the President may appoint to inspec
the alleged mines, provided neither of the commits
soners so named shall have been heretofore a par
tisan in the prosecutions which have been instituted
against me, and with these additional terms:
lat. The expense of transportation, &C., from
this city to the mines and back, be borne by the
United States
ID. safe conduct or protection for myself anc
friends while in Mexico. SD qs.e 10
3d. The criminal causes against my brother ano
myself to be continued until the return of the
mission. s1e
4th No testimony which may be taken by saio
commission shall be used in any of the cases, civil
or criminal, instituted by the Government against
my brother or myself, unless the same shall be
| taken, under my consent, in writing.
9th. That testimony may be taken by either the
| commissioners or myself, upon an agreement in
wriing signed ny both, and may be used either in
said civil or criminal causes.
9th. 1.-THE report of said commission shall be sat
isactory as to the existence of the Mines all civi
and criminal proceedings heretofore instituted
against me are to be dismissed, and the fund.-
locked up by the United States under their injunc
| ton, to be paid over to me. 4 s.
have well-conaidered these various points. ant
suppose they will meet your approval. ask no
thing from the Government but sheer Justice. Ane
if my propositions are declined, they must be pre-
pared, as will be- at the next term of the crimina
court, for my trial. If they are acceded to, l an
prepared to leave at once for Mexico and point ou
| the mines.
An early answer isrequested
| ~ G. A. GARDINER
P. r. FaNDALL, ESQ.,, District Attorney, Wash.
ington city.
Mr.. BRADLEY. Go Mr.. Fendall.) 1 wish to
know whether before you wrote that letter of the
9sh OF October, 1852, you had not seen letter oil
Dr. Gardeners, of his counsel, to the President
of the United States, Offering to go out to Mexico
and chow where the mines are situated, and whe-
tner you have not that paper in your possession?
| Mr.. FENDALL. think not.
Mr.. BRADLEY. If you look among your papers
think you will find copy of it.
MIR. FENDALL. My impression is that when
received this answer from DR.. Gardiner, l sent te
/ dont a nfs latte
Gsrdiner's addressed to the President Of the Uni
ted States, making the proposition referred unit
after my letter which addressed to him. dt
not recolect any such letter az that to which tn.
counsel refers. 1t will be among my papers il
received any such. will examine carefully anc
| give the counsel any information in my power.
Mr.. BRADLEY. i will ask you whether. after you
sent that letter. the Assistant Secretary of the
sury did not write to DR.. Gardiner Offering to him
and his two friends free passage to Vera Cruz?
| Mr.. FENpALL. l discovered. that such letter
was written, and Immediately went to the Assist
| ant Secretary of the Treasury and told him thai
DR.. Gardiner would not go, and the letter re
4 called. rs ~ hc
Mr.. BRADLEY. That letter, believe. was datee
on the 18th of October. ask the counsel if the,
have got copy of that letter.
/ Mr.. FENDALL. may produce it at the prope
time. :. z,U . a las8
The CouRr. You had better produce all the pa
pers together which to be produced. 1t will
make the matter better understood. s1
Mr.. MAY. We will endeavor to get the letter
| which written by Mr.. Hodge without the
| knowledge of the Government.
The Court. 1t could not be without the know
| ledge OF the Government because Mr.. Hodge il
part of the Government ITSELF
| Mr.. MAY. 1t was done without the knowledge
OF the Executive, and altogether against the inten
| ton of the President of the United States. We
know nothing OF any proposition offering to lei
DIR. Gardiner go out in a revenue cutter. Neither
myself nor MIR. Fendall knew any thing of that
| officially. ssa..sii = ~ s&
Mr.. CARLISLE. Why did you invite him to go?
MIR. FEkDALL. We did not invite him to go, be.
cause we thought it would leopard his bail BY the
Government consenting to it.
Mr.. CARLisLE Why, sir, the superstition is alb
surd beyond conception. man, with the consen
OF his bail, can go to the uttermost parts of the
| earth, and jump over them if he can.
! The CouRr. Well, we'll; when that question
arises it can be settled. At present it is not ir
dispute.
Mr.. BRADLEY. will read part of Mr.. Hodge,
| letter.
Mr.. MAY. You had better read the whole of tn.
| letter.
Mr.. BaADLrx. That is just what want; will
| read the whole of it.
The letter was read as follows:
| TRsAsuRY DErARrMEHr. October Is, 1852:
Sin: Since furnishing you tho letter 10 the col.
lector of New Orleans authorizing him to give a
| passage to yourself and two friends TO Tampico,
in the revenue cutter from the Baiixe the Depart.
ment, on further reflection, deems 1t unadvisable
for to afford you any facilities. in any way to
sanction your departure from the United States,
which might be the means Of preventing you from
being present in this city the trial Of your case
the INSTRUCTIONS to the collector have therefore been
| recalled
The Department understands that the commit
| tee Of the Senate invited you 70 accompany the
communion which Il 10 about sending 70 MEXICO.
for the puspose Of pointing out the location Of Jour
mine, which commission will embark At New Or
leans By the United States steamer Fulton, and ~
the Chairman Of that committee (the Hon. p.
Souit) = these, you will have an opportunity Of
Deeiag him and the commission, your arrival At
New Orleans, and consulting with them on the cub
jet; but the Department declines In any vay to
interfere with your movements " arrangements,
Very respectfully, your obsdieat servant,
| WM. L. HODGE,
Assistant Sec rotary Treasury
ToG. A. GAaDiHas, New Orleans
Mr.. MAY. We nov propose to examine cit
ness who does not speak Engliah. and We propose
that Mr.. Bowes ehali act ~ Interpreter.
The Couar. Well, l suppose there 10 no obiec.
ton TO that.
Assussia< Agsillar, sscorn.
Mr.. MAY. The witness desires to be sworn ac
cording 70 the form adopted in his own country.
Mr.. BaADLEy Ask him what that form 10?
das. He says that he il Catholic, and wishes
TO be sworn in the form most binding on Catho
| lie, which 10 the sign of the cross
The CouRT. Does be not use bible or tesla