The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-26


ton OF another board This board did but little; and
there was another convention which TO have been
ratihed on the goth OF November. 1913 That railiea.
ton never took place. During all this time these claims
were increasing, and citizens without redress
Inc diihcues between the two governments were
thickening, and war was expected.
We md IN 1910 that this Mr. Gardiner went To Mex,
leo as kind Of linerant dentist, plugging and hing
teeth Tor livelihood. He wandered around unu lSi3,
and the last seen oil him was IN the city oil Mexico IN
the year 1874 de was seen there by General lhomp.
and by others He stated. and II IS so stated
by Others that he repaired to the interior where, he al
leges, he commenced mining operations to an amount
OF 100000 All this time the difficulties between the
governments constantly increasing, and war was
expected Mr.. Thompson returned home. and Mr. Sli'
dell War declared, you VIII remen-
| Der, in 1916. Gardiner commenced mining operations
with little capital, and IN Two years ilme ne hau
invested he assumes, some 100000 There are con-
Trajectory statements in regard to this matter but II must
be manifest 10 all reasonable and impartial persons who
will make themselves familiar with The history OF ths
whole transactions that Dr. Gardiner had little or no
he had il is not reasonable 10 suppose he would have
done so in view of the begerent attitude about being
assumed by the two governments
i We now come along to 1916 War was declared; this
Gardiner was expelled from Mexico his property lost,
and his mines tax from him. and he now comes forward
and sets up his claim under the twenty article OF
the treaty OF 1881. The continued, and the ID
of February, 1s4s, there another treaty made Mr.
Gardiner was an observing and shrewd man, and he
saw, every one who knows anything about such
matters knew, that whenever a treaty OF peace should
be made Mexico woald be compelled TO pay money
to The United States, and be compelled to provide for
the payment OF claims OH the part OF our citizens against
that government
BY The treaty with Mexico OF the ID Of February, we
PROVIDE after agreeing TO take much territory, and pay
Sl5OOOO0O Tor the decentralization of citizens of the
United States against the Mexican government to the
extent OF $3,25OOo0. BY this treaty another board
OF commissioners was created, TO consist OF three mem
bers, and TO hold its sessions in the city OF Wash
inglon. Mr.. Gardiner, having returned from Mex
leo to the United States, met here and renewed his
quan,ance with Mr. Thompson. He stated his case to HIM,
and they at once commence 10 conure up make this
clam-whch did or did not exstto be brought before
this board The claim presented, and the decaTa
ton will show Tor The sum OF $500 900. | will not say
that Mr.. Thompson, of South Carolina, cognzant or
guilty of anything wrong but will fact, iha,
when he came forward with the claim, the documents
will show, he had programme Tor the taking OF ev
dence, and 10 what had to be done establish the
claim before the boardand that too. before he returned
to Mexico, and before the declaration made out
Both Mr.. Thompson and MI Gardiner had been in Mex
leo and understood the condition OF the nis
and that boards had al various times upon
claims between the United States and Mexico. When
Gardiner returned with his proofs declaration wa. made
out and filed before this board
Mr.. STEPHENS, OF Georgia would ask the gen.
teman from Tennessee whether Mr. Thompson did any
thing more than give instructions conlormaby 10 resula
tons previously established by this board
Mr.. JOHN SON. state facts, and il is for others 10
draw nferences. He drew chart, written instruc-
ilons by which this claim was TO be made out. | am
fully aware that lawyers sometimes give instructions
10 how case is 10 be made out and what character of
preof Is 10 be taken Tor that purpose but in that in
stance, other things conform 10 the case. In this in
stance, however, the programme IS made out aud the
case is made 10 conform to II.
Mr.. STEPHENS Is it not the practice in all OF the
departments of the governmen-he Pension Ofce for
nstance-where claims 10 be presented, TO esabs
rules OF evidence by which claims 10 be supported
Did not this board do so IN this and did Mr. Thomp
son do anything more than give Instructions conforming
10 those reguationsl
| Mr. JOHNSON. stated, when first alluded 10 Mr..
Thompson, that | would not charge that he cogni-
zan OF or intended to do anything wrong but would only
/ Mr.. STEPHENS Certainly; and ask the gentle
man 10 state another fact.
| Mr.. JOHNSON And that fact tha, the atfdavits
were taken, and the made out, IN compliance with
! those Instructions
MI ORR | will in this connexion ask the gentleman
question, as he rs familiar with the testimony IN the
case Was not proven before the committee that Dr.
Gardiner exhibited TO enefal Thompson the aiidavils
OF certain persons in Mexico previous 10 The preparation
OF these nsustoss, and that those instructions were
gotten up Tor The purpose Indicated by The gentleman
from Georgia.
MIR JOHNSON | think that the gentleman will find
that fact stated by General Thompson himself and by no
Mr. ORR General Thompson is an honorable man,
and is due 10 him that has statement OF fact should 90
out. Evidence ol parties in Mexico was brought here
by DR.. Gardiner, and the instructions given by General
Thompson as understand him, 10 pul the athda-
wits referred 10 IN form.
\ Nr JOHNSON They were instructions 10 HIM 10
make out his Here Is The published testimony,
and is for The public, aud not Tor me, TO draw ner-
ences. We hnd that compliance with those instruc.
lions the made ana presented TO hls bOal,
and tha, award made to Dr. Gardiner of Si27 600
About these facts there can be mistake and tell
gentlemen now, that before | am done shall come
10 the iouchs,one in this matter You may talk about
high minded pure men, who lift themselves above all
that is low aud grogeng, and disrepuabe, but there
is pont in this that will put them 10 the test One
thing has been ascealned since this clam has been al
owed-and that is that IL fraudulent one, based only
upon perjury and forgery We know that perjury and
forgery were the means by and through which the
amount OF money have specified being awarded 10
Dr. Gardner taken out o the treasury Now, this
fact no will controvert. The committee were OF the
unanimous opinion that il was naked fraud upon the
treasury sustained only by forgery and perjury. Then,
IT Mr.. Thompson and Mr. CoTwln are the recipients
OF money extracted IRON the treasury by OF fraud
and perjury; II they the bgh-mnded and honorable
tb<y represented TO be- they will, upon every
principle Of sound morality and jusice-upoa the doc
fne that the recipients OF stolen goods shall, soon
as the fact is acerained restore them 10 their rlghul
owners-repace that money in the treasury. Everybody
Acknowledges IL is right that this money, which has
been fched from The treasury by fraud so Tar as we can
reach IT, should be enioined and u a certain portion ~
enoIned in the hands OF Corcoran Riggs money be-
longing 10 the government, is II not equally right that
another portion OF the money which has passed INTO
the hands Of Corwin and Thompson ought to be enoned'
know that legally You cannot reach H. but say that
they morally bound to return IL There IS the touch
stone. Yog that talk about honor you that talk about
having no knowledge OF fraud being intended al the
time the clam being prosecuted before the board,
know now that il is fraudulent claim and that you
have stolen goods 10 your possession which know you
are morally bound to restore TO the righu owner, 10
the last dollar This tests the whole thing, and why de-
bate ii They plead ignorance of the fraud Wills, the
claim being thpv did know