The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-07

ia so momenious ! matter. and by his subsequent
diligence and ZEAL within the sphere OF his ociai duties,
compensated Tor the error Happily the Iesolute spirit OF
DR. Davis prevented the eonsummaion OF the fraud, SO
that the misapprehenson OF the Attorney General did mot
IN any degree impair the
The government by this event fully apprzed, and
al the time convinced OF the fraudulent character
OF The whole transaction Before proceeding with the
active demonstration against Gardiner, another crcum-
stance just subsequent this event must be mentioned
About The last OF June 1851, Mr. Edward Curtis whom
We named as former counsel OF Gardiner notified PIesl
dent Fillmore OF his suspicious about the validity OF The
claim, and informed the President that certain }. A.
Porte, FFenchman who had resided in Mexico, and
intimate friend OF Gardiner, had stated 10 VIM y. Parro
and his brother John Pao, who had also been claim
ants Tor indemnity for tobacco, before the board that Car
diner had told him. (Pore the eve of his departure
Tor England that ne had managed 10 impose the gov
eInmen fraudulent claims, and that number Of The
Mexican legation in Washington had assisted him Gar
dineD by procuring from Mexico the stamped paper that
was necessary TOR the iorgeries.
Soon afterwards, Mr. Curtis again wrote 10 Mr.. Fill
more, saying that Parrot had Porte, who promised
TO put in writing what he had said 10 the PARROTS. 10
this communication Mr. Curtis also stated that he had
been engaged as counsel in Gardeners case by General
Waddy Thompso The latter, when examined as wit
ness before the House OF Representatives. denied this
MT curtis shortly afterwards went 10 Saratoga where
M ,. Parro wrote TO him, saying that though Porte
had promised 10 give the paper, be had not done In
July Parfolt wrote second letter Ieaitrming Porte's
statement and adding that Porte had declined 10 put in
writing the language Of Gardiner, be had promised
All of which Mr.. Curtis communicated to the President
who then directed the district attorney, Mr. Fenda 10
bring the matter before the grand jury Porte then
brought By process before the grand jury, when he de-
MED positively that be had made any such state
menls and declared that he knew nothing about the fraud
ulenl character of GARDENERS claim Other witnesses, how
ever, found in Washington who sufficiently
informed upon other matters relating TO the fraud upon
whose testimony the indictment was found upon which
Gardiner was convicted ON Friday last We now return
10 the process OF development
MIR. George w Siacum al this time ia Mexico.
He engaged IN investigations there, and a, the
instance OF Governor Lecher United States minister
Mexico, with whom our government bad communicated
on the subject proceeded investigate the matter OF The
Gardiner claim. lie prevailed by Governor
Leicher 60 San Luis Polosi and there make local
inquiry upon the subject He examined the archives ac
lured all possible information TO subsianate the fraud
performed his duty with fidelity, and made most satis
factory report He brought witnesses from Mexico,
upon whose testimony the second indictment for forgery
was found.
II may be remembered with what peInacity all these
assailed by Gardiner ard his advisers
and the position they still occupied such TO render
doubtful the result OF prosecution under the existing
circumstances At this time the Mexican commission
was determined upon by the government President Fill
more declaring his purpose TO expend every dollar the
treasury thai he could consutonaily command TO bring
MIR. Crienden as Attorney General, being applied to-
furnished opinion on tue construction OF law, which
justified the special commission. committee of Con-
sress authorized IT, and al the instance Of the committee
Henry May, esq, member OF Congress from Bal
lmore was named as the head OF the commission, hav
ing been already called into the case by President Fill
more Mr.. May objected TO The appointment but
accepted il at the urgent solicitation OF Mr., Fillmore
The other members of the commission were Capt VIM
w Hunter, oil The navy, resoute and perseyerng
James X Partridge, esq, of the Baltimore bar very
able young man, and master OF the Spanish language
Abner Doubleday, of the U. s. army, efficient mem
Der OF the commission and Mr.. Buckingham Smith for
mery Secretary of Legation in Mexico.
In tins matter the determination and perseverance of
President Fillmore were most efeciualy seconded by the
energy and zeal OF MIR. Conrad, Secretary OF War; who
anticipated the wants and consulted the wishes of the
commission IN every respect
The commission proceeded TO Mexico, visited San Luis
Poos, explored the whole of The vicinity in which the
mine oil Gardiner was said TO be located They exam
med records, mining titles, PERSONS places and used all
possible diligence to discover the silver mine bg
in vain They succeeded in discovering The Mexican ac
conphce OF NeaTs and Gardiner, and, while there, OBJ
tanned the correspondence which, il is alleged transpred
between Gardiner and hls brother and their Mexican ac
oemphce Ihe commission was empowered 10 bring wit
ne sses back with them upon such terms they might
deem eXpedient.
The commission returned with evidence enough, appa.
realty 70 carry conviction home 10 every unpeiudioed
mind II was presented al the trial OF the case which
soon afterwards came on Much of II was ruled out,
and all OF II adroity assaed by the defence that
the jury did not yield their convictions to wha, was
brought before HEM They failed TO agree, and il was
that n,ae for de9urtai and three who
stood firm their belief were for convc-
lion.
new trial was necessary And in the interim an
other commission ordered TO Mexico under Major
Modeca The result OF their investigation subeiantialed
he facts asserted by the FIRST in every particular They
ed from the witnesses The first trial, which was al
legged TO be ten miles south Of Lagunilas No mine was
ound there, nor was there any knowledge OF one The
nearest mines IN that direction fifty miles south of
Lagunlas, observations having been made by Captain
Barry valuable and scientific member OF the commits
son. and conclusive Testimony advanced by him the
Tact
Mr Charles z. Bowes, an American artist, who was
despatched to Mexico after the return OF the last commits
10 procure the boundaries OF San Luis poos re-
turned with The most decisive proof that the location
Of the mines IN question was IN QueTeaTo and in San
LUIS Potosi. ms commission also visited the location
Of MeaIs's quicksilver mine II discoveries hole
thirteen feet deep-dug to order since the award OF
1883. 600 This hole concession the liberality
81 the United States and token OF respect from Mears
10 the outraged dignity Of his dupe But Gardner did
hot even offer HE preleuce OF a broken turf
The commission learned while in Mexico that Mears
had received from Gardiner the OF
That General Pierce bad been elected 10 the presidency
1f The United States and his affairs were now brighter
han ever be had friends who could influence the new
President" Wesuppose General Pierce will hardly need
protection against such compliment az this Its due
% him, however, 10 say that he has used al his inhu
snce and constitutional authority TO enable the posecu
ion to produce the legal testimony available in The case
nod much is also due 10 the public spirit OF the Hon JEFF
Davis, Secretary OF War.
We should leave undone important part OF our duty
. The public il we omitted 10 refer TO the late trial
tbs conducted by the counsel The preceding
IN The part 81 the prosecution by Philip Fendall esq
Jniied States district attorney, and the Hon. Henry May
bese gentlemen have been intimately and laboriouey
associated with the case from its earliest Developments
Mr. May, as has been already stated, had the chief
md responsible direction OF the first Mexican commits
on and has been exposed in bis special relation 10 The
prosecution, aud his energetic, nhexibe and consistent
o duty, 10 the most virulent assaults from
he friends OF Dr. Gardner But the result OF the trial,