Weekly national intelligencer., 1854-04-01

If dollars were appropriated to quidate the claims of
American citizens against Mexico The said treaty and
act of Congress made the decisions of the Board final
and conclusive and did not provide for the publication
thereof or make it the duty Of the Attorney General or
other officer to give bis attendance the Commission
ers alone representing the Government One Of the
principal points of inquiry before the committee
How much of the money mentioned in the treaty was
paid on spurious, fraudulent, and fictitious claims.
The attention of the committee early directed to
the case Of George A. Gardiner and John II. Mears in
The first Of which the of S42S $50 was allowed, and
IN the second the sum of Sl53 l25.
Gardiner claimed the sum of $500 600 for the destruc
ton of certain mines in the State Of San Luis Potosi
aud in order to ascertain the truth of the allegations re-
spectng the same the committee organized and sent to
Mexico, at unayodably considerable expense, "a state
ment of which be in the Office Of the Secretary
OF the Senate commission comp osed Of the Hon. HENRY
May, JAMES X. PARTRIDGE ButKISGHAa SMITn, Lieut.
W. W. HUNTER, U. s. Navy, and Capt. ABYER Double.
DAY, u s. Army, the last two of whom designated
the then President Of the United States the request
Of the committee to accompany the commission and form
part OF II, all highly respectable and intelligent gentle
men, ii will appear by the records Of the committee
that before this commission departed for Mexico, offers
of the most liberal character madeto Gardiner to
accompany the said commission and point out to them
the mines which he alleged had been destroyed and for
which he claimed compensation. Having first accepted
the offer Of the committee he subsequently, declined
various pretexts viii be by the records of the
committee and the commission proceeded to Mexico with
out him. 1t supposed that mines alleged to be so
valuable, and which he had worked with steam engines,
aording also employment to hundreds of persons could
have been easily pointed out and readily identified and
that he would have taken pleasure il innocent in
doing. Such, however, not the fact The commits
soners having faithfully, and with great skill and ability,
discharged the duties imposed upon them which Of
delicate and hazardous character, presented their
port thereto annexed and conclude the as follows,
(afer fully commenting the evidence by them OBJ
tanned y
owe believe that have very thoroughly and with
spirit of imparay investigated the claims OF Geo. A. Gar
diner John H. Mears the places where they said
b located and wherever information about them could
be obtaned in Mexico. .... ..,..aa...
We have the honor submit the consideration of the
select committee of the Senate the following conclusions
tae result Of our labors: '..- T.. ..
"st. That George A. Gardiner is not ana never was,
citizen of the United States.
I'd That neither the said Gardiner nor John Ii. Mears
ever owned interested in silver quicksilver mne
any kind Of mine in the State OF San Luis Potos in
Mexico .s>. s,"t O.. ~, .....
3D. That neither said Gardiner Mears expelled
from that State. .@.".,. l.. :.
4h That during nearly tho whole period Of time in which
said Gardiner alleges he was engaged IN San Luis Poto
working his mines he was in fact Mt places remote from that
State engaged manager of small mining concern as
dentist, and a pedlar in small wares.
9TH That every paper presented by both said Gardiner
and Mear coming from Mexico In support oil their claims
is false and forged. ....
awe consider that these conclusions firmly established
by the proofs collected by and to which we invite care
ful considerations"
The evidence thus obtained land it of the most
conclusive character has been used in court by the Gov
da and the distrg guished head of the Commission MR.
May and conviction OF one of the offenders obtained
The committee also examined several witnesses respect
ing the alleged Mines brought from Mexico by the
Commissioners, all Of whom testified that none such
sted or were worked by said Gardiner and that the
papers and evidences of title upon which he predcaed
his claim before the said Board Of Commissioners were
forged and fraudulent.
42S $50, which allowed to George A. Gardiner was
awarded upon fraudulent forged, and fictitious papers
The case Of Mears in which allowed $l53l25 for
alleged destruction Of quicksilver NINE and which was
through the agency of the said George Gar
diner was Of character somewhat similar to his own,
and appears by the report of the commission and the
testimony taken by your committee was fraudulent and
fictitious and the award obtained upon forged and fabri-
Gated papers. ...:
The committee do not deem it proper to express any
opinion as to the of the liability of those who acted
the agents attorneys for Gardiner and Mears but
recommend that the Executive be directed to take steps
to test the liability in law equity of all or any of the
parties who received any portion of the moneys awarded
said Gardiner Mears to refund the same to the Trca
sury of the United States The evidence herewith
hbted shows who their agents and attorneys were how
and by whom employed, and the sums received by them
Whilst the committee of the opinion that the COM
missoners have in general exhibited decided ability in
the opinions prepared by hem they cannot but express
their regret that there Irregularities in their
ceedngs scarcely compatible with judicial inquiry aud
still less with judicial determination, which was intend
ed to be final disposition of claims in which were IN
yolved the rights of the citizens on one side and the oo
cations of the Government the other The papers, 1t
from the evidence kept with little and
the mode adopted by the commissioners OF deciding on
the validity of the claims without making an award as to
the amount though the amount was IN TACT agreed upon
and registered in private memorandum books by the COM
mssoners and in some made known on private ap
pcaton was in the opinion OF your committee, caicu-
lated to excite suspicion and ought not TO nave peen
adopted And this of action appears the more OBJ
ectonabe from the fact that claims were in some cases
favorabIy acted upon which represented BY gentle
men whom il il difficult to suppose were employed from
any benefit to be derived from professional SKILL Be-
sides it is in evidence that such were related to
had very intimate personal intercourse with some OF
the members of the Board OF commissioners OF others
holding high official stations
The committee also of opinion that there was pal
pabe careessness and neglect upon the part of the com
in some of the and especially In those
of Gardiner and Mears. The fact of amount exceed
ing $500 600 being awarded upon mere assertion of
title without any effort being made, either by the parties
on the part Of the commissioners to require such produc
tions or proof of such loss destruction they being
thorized to REQUIRE it, is evidence of want Of attention. if
not OF gross neglect.
The following is list cf the witnesses examined by
the committee: -.
General Wndjy Thompson, Major F. F. Lally, r. G.
CorSin John S. Phelps james H. Causten, Alexander j.
Atocha Oliver Phelps r,, j. P. Levy, George w. Sacum,
Buckingham Smith, Richard s. Coke, Peter A. Hargous
c. p. Van Ness w. VI. Corcoran James Wright, David
Sayrs john NJ. Togro, Noah E. Smith, Jose Antonio
Barragan Pantoleon Galvan, Juan Baptistc Barragan
Edwin Hartman, Thomas c. Connolly, J. G. Gardiner
uan Ad1so Charles w. Davis, William Ryan, Charles
F. Mayer, L. II. Saulner, L. s. lIargous, Charles H.
Bowes Alfred a. Lewis, Richard L. Jones, and John H.
Houston. ... ...
The COMMITTEE after full examination have agreed to
,sk be discharged from all the memorials submitted to