The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-02

truth, Gardiner had mines, all his proofs goin
70 establish the tact that he had, must be false
ret tbey were all genuine, and had all the appear.
ance OF legal validity that evidence could have
and could only be disproved by persons ACQUAINTED
with the locality, and knowing that they were
i untrue. They were not forgeries and of course
could not be detected by any supposed knowled ge
ofdhe ohclal signatures and seals of the officers IF
that department. of Mexico. The testimony be.
lore me = ,nmissioners, and on which the claim
was allowed on the 18th of March, 1850 proved
clearly that, In July, 1874, DR.. Gardiner com
menced mining operations large scale in the
state OF San Luis Potosi, in the department of Rio
1eIoe, al La Huasteca; that at the place Of his op
eratlons silver mines had long previously been
worked, and abandoned; that he opened and re
established them, and made large improveme nts
ana outlays In commencing the business; that be
.h pu! up machinery and fixtures necessary for
the business that he had prosperousIy and success
luily pursued the business until October "a, 1886.
when he was expelled by force; that his establish
ment, and every thing belonging to it, including
large amount OF silver in the form Of amalpam
was taken from him by Mexican soldiers. and the
buildings destroyed by fire; that he had expended
| large amount of money, and was, at the time Of
ms expulsion, making $4,000 per month; that
$3.50 900 to 500, 900; that, being expelled under
an order OF the Governor of the State OF San Luis
Potosi of October 81 1916, on the oath of October
1912 ne protested to the project of the department
OF Rio verde against his expulsion, as a violation
OF the treaty between the United States and Mexi-
co, of 1881; that in lS47, in the month of JuIv
ne went to Tampico, and there made application
Tor the place OF surgeon IN the American army
then occupying that city; that he made known to
CoonelGates, military governor of the city, and to
=. y Learned, esq, judge of the place, under mill
tary authority, the circumstances of his expulsion
from his mines, and his losses; and consulted with
Mr.. Learned how he should proceed to establish
his claim against Mexico for his loss; and that he
renamed at Iamplco during the stay of the Anne
rican army in that city, acting as surgeon to the
troops This proof would seem to be entirely
q of tl,f,.
suspicion upon it
Mr.. Corwin. in February, 1850, with the case
before him as 1t was then presented purchased
one eighth of GARDENERS interest AS is shown Nv
Ihompson's deposition, the number of claims
before the Commissioners was SO great that it was
not expected more than one. half the amounts
finally awarded could be paid with the sum pro.
vided by the treaty under which the Board had
been created. General Thompson swears that
that was his impression, and that such was Gar.
diners at the time of the sale. For the interest
that Mr., Corwln purchased, he paid 81 900 in
money, and what he supposed was about as much
more IN his expected fees on the balance of the
claim; and for which, if but one. half should be
pald-lt all that was claimed by Gardiner should
pc hnaIly awarded-he could realize but about
S32, 500.
1t is true that afterwards he sold his interest for
about S 900, perhaps not SO much, (having sold
his interest in the Gardiner claim, with his fee
interests IN thirty six other pending before
the Board, together, for $s0,2T0) The precise
amount that be received of Mr.. Law for his inter-
est in the Gardiner claim is not shown. think
the evidence shows that it was less than $50, GOO
After the final award, Mr.. Roberts, or Mr. Law
as assignee of his interest received Il So 5os T5
Ii Is urged, as an objection against Mr. Corwin
that he became purchaser at all. Whether that
be good objection or not, the fact and manner of
his purchase proves conclusvely that, whatever
the Board or others might think of Gardeners
claim, he thought it a good claim for the full
amount, or nearly so, that was claimed; or if he
dld not, that he was aware that ii was fraudulent
To DIV lorrr -,
and his services, to carry out fraud that ought
and would, if exposed-to consign him to infamy
Tor contingent interest in the result from which
he could not probably realize more than twice or
thrice the amount that he paid. That would be
monstrous suppositon. The fact of his purchase
in the manner shown by the testimony proves
conclusivey that he did not know that the claim
was fraudulent, and sustained, or to be sustained
by false testimony that he had suspicion at ALI
OF unfairness in the claim, butt on the contrary
had every reason 10 believe and did believe thatt
was good claim for the amount demanded
The testimony taken in Mexico in July, 1850.
and fled before the Board in November, 1850,
which is proved by several witnesses that have
been examined, and testimony taken by the au-
thorltles OF the United States in Mexico, in De-.
cember, 1851 to be forged consists of a paper pur
porting to be record from the book of mines of
the prefecture of Rio Verde, certified to by Don
Francisco Fernandez, project of Rio Verde; j. Pic
Gutierrez, Secretary; Julian de los Reyes, Cover
nor of San Luis Potosi; and Luis Guzman, Secre-
tary of State, together with six dispositions All
of these signatures, seals, &c, shown by this
testimony to be forgeries This testimony, filed
in November, 1850, taken and filed long after
Mr.. Corwin had ceased to have any connection
with the claim. TWAS procured, not to satisfy the
Board OF the validity of the claim, but to increase
the award.
I mention this distinction between the testimony
which was before the Beard when the claim was
allowed in March, 1850, and the testimony taken
afterwards, for this reason: think have shown
not only that there is no proof tending to show
that MIR Corwin knew that the testimony was false
or forged but that the first evidence produced was
of such character that he could not have known
it, without personal knowledge of the district Of
Lagunillas, in Rio Verde. And of the character
of the last testimony he could have known no.
thing, for the reason that he saw it. The ties
timony OF Edward w. Johnston, Secretary.of the
Board of Commissioners, and of Robert T. Paine
one of the Board, show how carefully this claim
was passed upon by the Board.
Edtoard ~. Johnston appeared as a witness on
the Lart of the committee, and was sworn,
Witness resides in Washington City, and was
secretary of the Board of Commissioners from
July, 1S49, till April, 1851. The frat secretary of
the Board was MIR. Jones who served few months
Witness says that, from the beginning, the claim
OF Gardiner was regarded by the Board with some
suspicion. These suspicious from the ru-
mors which reached the Board in regard to the
one either without merit originally, or
founded upon slight merits, and grossly exaggera.'
ted in the amount. In consequence of these sus-
pcions, the Board was especially careful in the
of this case, great mass of proofs,
apparently very COulplete dUu NeF y 6utNe0tC, was
introduced with the case. These papers were very
carefully sifted and the Boatd repeatedly imagin-
I'd that it found circumstances in the details of the
ase which betrayed the latent fraud or exaggera-
ion which they had been led to expect. / think
as many as i've six instances of this sort thew
alled the claimant or his counsel before them 10
Explain these points and clear them up After the a
irst instances, the Board became satisfied that DR.
gardiner himself understood his own case better
han any body else, and that the best means of ar.
living at the truth would be to receive his own
and cross-examine him on all these
points. They did so, therefore, and am clear
hat there was no instance in which he did not sat
sfy them, by his apparent truthfulness, cearness,
and readiness to reveal all facts in a
emarkably manly and frank way, that the part
uiar objection in each unfounded There
vas no suspicion on the part of the Board that the
lain was laid at place where there was mine,
hough there was suspicion at the beginning that
here was no foundation for his claim; and THE
uspicion existed at the beginning and all through
he examination of the claim until finally dissi.
ated by the progress of the proof and expana.
ions Witness says, that coming to learn either
rom without or from the statement of the claim
mt himself, that his occupation in Mexico had
cen that of dentist, they of course conceived
rom this fact that il was unlikely that he should
ave capital for great mining undertakings. as
his really thereuDOn no rao,;~oI go