The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-10-10
REPORT OF THE JUDICIARY COMMITTEE ON THE
RECOVERY or THE MONEY OBTAINED BY THI


Mr.. r. P. Stanton from the Judiciary COMMITTEE submit
ted the House able report upon the legal responsibility
OF the agents and attorneys of DR. Gardiner restore the
moneys by them respectively received from ths treasury
from which the following liberal extracts made:
The terms of the resolution of the House under which
the committee is acting to look especially The
question of legal liability the part of those who M
ceiyed any portion of the money awarded In order 10 a.
ermne this question it is necessary to ascertain the facts
and consider the precise circumstances under which The
several portions of the fund paid 10 the persons NJ
eeiyng them The committee therefore proceed briefly
and in general terms state these circumstances far
they have developed in the course Of their ine
LEGATIONS Others which may have been elsewhere con
Quoted.
That of John II. MeaIs. l53l25 90
OF the Gardiner claim the sum of S32l,562 80 was
awarded in the of Gardiner himself The remaining
part being Sl0Tls7 80, awarded 10 W w, Corcoran
as the assignee OF DR. GARDENERS and the whole amoun,
including both these sums paid into the hands OF the
said Corooan and by him credited on the books of Cor
Riggs TO the several parties interested as the
mittee now proceed to explain
In February 1850 before the commissioners had acted
upon Dr. GARDENERS claim Application was made to Mr.
Corcoran 10y Messrs Waddy Thompson and Robert G. Cor
win part of DR. Gardiner proposing sale of one
fourth part Of the said claim for the alleged purpose of
raising money enable the claimant to perfect his proofs
in Mexico Mr. Corcoran declined the proposition, and
fused become interested in the claim for the set
forth in his deposition. Subsequently, however the pur
chase of one-fourth of the claim made by Messrs
Thomas and Robert G.. Corwin for which purpose they
paid twenty thousand five hundred dollars in cash
Mr. Corcoran having declined to make this purchase him
self nevertheless agreed TO discount The note Of Robert
and Thomas Corwin, with L. d. Campbell d. Brun, G. B.
Smith and Moses r. Corwn surees for the SIG $50 and
the proceeds of this note applied TO the purchase
aforesaid the assignment of the fourth of the claim WAS
made said Corcoran collateral security for the pay
of the said note Before the award of the commits
siones and before Mr. Thomas Corwin appointed Sec
Rotary of the Treasury he sold all his interest in claims
before the commissioners and out OF the proceeds of this
sale the money advanced by Mr. Corcoran repaid
the for $l8750 fully discharged the time of The
| NJ. ~ nfN
the Gardiner claim stood in the position of naked is
tee, holding the assignment for the benefit Of Robert G.
Corwn and the purchaser of Thomas Corwins Interest
Accordingly when the award for Sl0V 81 so was made
said Corcoran assignee and the money paid out of the
treasury it Immediately put to the credit Of Robert
Corwn the books of Corcoran Riggs and afterwards
paid out upon his checks The only part of this transa
ton which the committee deem it necessary to call al
enon is the fact that the name OF Caleb b. Smith, one
the board Of commissioners sitting for the adjudication
this claim appears surety upon the note given to raise
money for the purchase of oneourh OF it. TO the extent
Of his liability he directly interested in his decis
on and certainly might have been subjected to such
temptation correct Judge would always endeavor scrpu
lousy avoid The fact itself not conclusive Of any had
influence upon that member of the commission but il
certainly very indicate and improper and in view of the
whole circumstances of the case will justify the sevees
censuTe
The remaining part of the Gardiner award amounting
to S32l 502 SO was likewise paid Mr. Corcoran for the
benefit Of the parties interested 1t appears that least
some Of GARDENERS counsel unwilling to trust the
fund in the hands of their client; and, accordingly, it
i, ~. ,, nhocle sona of which were noced Il h.
hsrds nr;or IN ia REGENT This circumstances would seem
80 ;nipa,a snsmcon and a;strs of Dr. Gardiner on ,ls
nov, If the gentlemen named but whatever coud if may
throw over the matter it still does 20 the Of
proving any actual knowledge Of the fraud
The whole paid into the hands of Corcoran Riggs
was distributed in the following manner to wit
To Roh q; t,orvin assignment of oney,ourh sl07ls1 50
Edwara Curtis foes 1890 5a1 N
Waddv THOMPSON - 646s9 %
Roht n Cnrx;p aeGsi d
Ill, -
~ $50 80 .,, ,,is .s &c, ~ 49,, -. &c a.
W. nunuis :,r was ,h ~. ~ ~. e' " ,ss
.. - ~ ~, na "a a. 1911 aPr 800. th; , a H. ' ' Us
~ ~, W, = ~ g. %: ,i T. 10 "a r.,
Wv nau VI N v, nv ~ ~. ~ s .h u;d
So'.p"iy " III" o "! nl, - .o.as =. IT,
otates an. $780,, ' ie'loieu " WV
treasury The of these deposites over the amount
left to gardiner from his claim is doubtless to be aO
counted for by the fact that parl the aeaa
made to John H. Mears-
OF the award made to John II. Mcirs il
that Dr. Gardiner received the sum of.,.Ss6,l35 W
J. NJ Carlisle assignee receiy 1921 90
Ferdinand de la Cuesta ACKNOWLEDGEMENTS. 287Il %
In considering the liability of the various parties receiy
inc portons of the award made TO DR. Gardiner the COM
mittee are unanimously of opinion that w w Corcoran
and Corroran RIGGS having acted Ms mere aoonts and
bankers of The parties without any interest in the funi
and having Maid it ont 10 the partes for whose bene6t
was rceveo cannot he held Hahl tor any s,us ibps ~,
ceiyed and paid ont by them And il il deemed no mora
than due 10 Mr. Corcoran To sav that he has freely submit
ted 10 the committee his hooks and all The corra,nopde
Of his house either with Dr. Gardiner or with anv other
person concerning Dr. Gardincrs claim From all The in
formation obtained from ,hesp snprcas tho COMMITTEES bay
not been able 10 see ANYTHING in the conduct of hs gentle
man mt strictly fair and bonorsble
NJ GarIisia n,us. la nona;ia.oa I, -. !. 80.
----.,S .r----eN.,A as suino,ng ~ .he Sa
d,nr ~ Nun lam. @ s'.s nau no ouar na