The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-19

| to that arrangement, and the result had show
such state of facts as to make 1t advisable tina
Gardiner should not return to the United States
a suit instituted against his bail never could have
succeeded; because the United States having con.
scented bis going, not obvious that the Govern
msnt of the United States would have been placed
in the predicament of suing the bail for the absence
of a party whose absence they themselves had
caused or consented to? And therefore the Presi-
dent said: "While do not object to his going to
Mexico or anywhere else, l tell you, gentlemen.
that will be no party to any such arrangement"
His going there with the consent of the Senate
committee did not compromise the Executive at
all. They would be free to act against his bail; but
if they had become party to the arrangement,
they would have Lost their remedy against bis bail
or might have lost it. For that reason the Presi.
dent det rmined to have nothing TO do with such
arrangement. Well, gentlemen, circumstances
took place afterwards which induced the Presi-
dent to send out a separate agent himself to get
other evidence with regard to this claim; but
when the time came for the defendant to 60, ac-
cordng 10 the arrangement OF the Senate commit
tee, he would not go; fret pretending that he was
ready the 10th of September, alleging that that
was the day agreed upon--but that was not the
case; that the commission was not ready until
early in October; and then the defendant raised
this most indefensbe position, that persons should
not accompany him whom he did not like-thus
arrogating to himself the appointment of the COM
mission; not content with being there himself, and
having an agent there to act concurrently with
the commission of the United States but insisting
that he should have the right of vctoing certain
names of persons whom the Senate committee
might think fit to send there. Why, gentlemen,
OF course the Senate committee could not hesitate
an instant about an answer to such proposition.
They refused it, and we'll they might. Having
made this offer, and the whole arrangement being
broken OIL by the arrogation on the part of the de-
fendant 10 nominate the commission. no object
manned for the President but to send out sepa rate
commission. The object which the Executive had
frat in view by such design to free itself
from the possibility Of Gardiner not returning.
and therefore the instructions which were to have
been sent out by separate commission were placed
in the hands of the gentlemen cent by the Senate
committee.
Bot, gentlemen, an important incident occurred
before this Rupture. While the sending of a sepa-
rate commission by the President of the United
States was under consideration, a proposition
made by the District Attorney informing him
that the President proposed to send out separate
commissioners, inviting him to name any one to
go along with them to point out the mines and
If that would not suit him, that he might name
any six men in the republic Of Mexico for that
purpose. Scarcely had that letter gone when
had my doubts about its propriety; but you see,
gentlemen, that he had the whole republic Of
Mexico to range in, and the whole six men whom
he might name might have gone to the place in
dicated. Could any thing be more liberal than
that' Or, if he did not like any of these three
propositions, he was asked if he would furnish
such description of the localities of his mines as
would enable person not familiar with the geo.
graphy of the country to find the mines by that
description. But be refused all these propositions;
and in bis answer falls back upon a proposition
which be had made in April or May, 1851.
Now, gentlemen, the proposition made in April
was to try the case dispositions taken by the
defendant in Mexico. and also on dispositions which
the United States had taken in that country. This
was the affidavit sent in by Mr.. Slacum. The
offer made not to try the case upon deDos-
tons. reported in the newspapers, but upon
DISPOSITIONS which they had taken in Mexico, aud
which we bad taken in Nlexico-they never having
seen our deposltions, nor we theirs. refused to
make any such blindfold bar gain as that. had
seen our dispositions, but not the defendants; but
had seen he dispositions which he had filed before
the Board Of Commissioners, and they did not in
spi,e me with confidence in the genuineness of apv
new dispositions that might be taken by him.
That proposition was therefore declined, and an.
other one was made in May-thata commission
should be sent out there; that they to be in.
structed in a certain courses but that proposition
most singular feature-that the records
used before the Board of Commissioners should be
used before the jury. Iagree that the defe nda Mt
waived that part of the proposition and
well be might, for how could they expect the United
States TO offer in evidence to the jury papers which
forgeries or fabricatons' Although therefore that
part Of the proposition waived, it had still the
feature of arrogatng the night of the
defendant TO name the commissioners, or that
those named by the Senate committee should
meet with his consent. And, mark you, these
various propositions all to be carried into
effect by the Government itself Now the propo-
sition Of Mr.. Carlisle
MIR. CARLISLE. What is the date of the PROPOSE.
ton to which you refer
MIR. FrNoALL. latter examining his papers for
some time. l cannot find it at this moment but
it ia subject to the same general objections have
asserting the right of the defendant to
nominate the Government agent These PROPOSE.
lions have been declined, and one of them is the
proposition be referred to in to a PROPOSE
ton made to him on the 9th of October, 1852,
" bile 1t was still in contemplation the part of
The President of the United States to send out a
separate commission. He rejected that proposition
and repeated the proposition he had made before,
which had been rejected on the grounds have
stated.
Then, gentlemen, what was the posture of af
fairs? He had refused to go with the Senate COM
mission; be bad also refused the proposition made
on the part of the Executive Government, but de-
'ermined TO go himself, which be undoubtedly had
right to do. Nobody could complain of that
He then made a representation to the Secretary of
the Treasury to have at his option cutter
to carry him to Mexico. And what would have
been the position of the President of the United
States had he complied with bis request and sent
him away in public vessel Had he done 90 he
would have had no right to compel him to come
back; and what would have become of a suit
his goings 1t was by the merest accident in the
world that we discovered it, and soon did
discover it we counteracted the order, the Presi-
dent refusing to be party in any why to his 60
ing.
Now, gentlemen, l have briefly referred to the
history OF these incidents far, and ask you if
all OF them put together show any thing like
conspiracy on the part Of the Government of the
United States to persecute this man?
Let now look at the other branch of the con-
spiracy, because you will observe that it's being
alleged to be conspiracy between the United
States and Mexico, and having shown you that the
United States were parties to this conspiracy,
it ia well to what was the course of Mexico in
regard to tbs conspiracy" and you told in
the first place that she had strong and powerful
motive for entering into the conspiracy-that she
claimed surplus of 900 remaining after the
awards were made, and that upon the same prin
ciple she would claim the amount of any award
which had been made, and which, on investiga-
ton, turned out to be fraudulent. We have read
you the correspondence of Mr. Webster and Senior
de la Rosas upon that subject
Mr.. F. here made copious quotations from the
correspondence above referred to, and especially
from the letter of MIR. Webster in regard the
hnality Of the powers of the Board of Commits
sioners.
This shows that Mr.. W ebster's clear understand.
ing was that no claim had been made for the bal.
aHce. So be understood it, and Mr. Rosas un.
derstood it, for he made no claim afterwards Mr..
Webster ia not "prepared to admit it," but says
'the claim shall be fully considered
Mr.. BRADLEY. Have you seen the minority re.
port OF the Senate, the report of Mr. Brodhead? He
admits the claim.
MIR. FENDALL. Well, if he does, let him pay It,
then. lLaughter.l Mr.. Rosas never put forth