The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-03

hrs own msjudgment in ,Aacng L,-s Col Fr--
moDt's name IN the oil, as at the comm sslOa.
.rs 10 adjust and Sc tile the CLAIMS referred tn -
The tact1 disclosed by a call upon the President
for IniOrmat on relative IN some OF those claim u.s.
which therwis~, perhaps, would never have be-
come Known 10 the committee OF the House OF
Repre- sentaiives, WAS what, unqurstOnahly, 10.
ducrd them report sg inst the bill, and created
q doubt N their minds NJ to the prOprety OF ap.
pointing Lieut. Coz Fremont one Of the commls.
siOneIs; ind | Cannot imagine why Col Benton
should have alluded To nr III his proclaim ou "a
being IN my manner connected with the defeat Of
the bill, unless he should have taken Offruce at nv
merely transmitting from the di strict comm ,ud-
I'd, Clos Ane e|es,) officially, and ut the request
Mason, one OF the claims have aliaded to, aud
which believe Col. M ,son subsequently, forward.
I'd to the d. partment OF War; and as have no
recollection Of more than one case In which
ucned, will state sll the clrcu instances, that the
people Of California may Judge hew far can Justly
be charged with the de- feat Of the bill question,
by serdIng to the United States lies against Lieut.
Col Fremont.
About thu l7lh Of June, 1877, was called on by
Don Enloeio de Celz, a resident Of Los Angeles,
through the Acting Assistant Quarter Master Of the
post. Lieut. j. w. Davidson, for inform alton as to
whom he 81 oud apply tor the payment OF bond
which was approaching maturity, gwen him by
Lieut. Col Fremont in his official capacity as Go.
werner of California, ana binding the United States
and his successor. in Office for the payment there;
directed Lieut.. Davidson officially to call upon NJ
Ceiz and obtain a certified copy Of the contract
upon which this bond was founded, together with
a copy of the bond, and full statement Of all the
/ might forward them to Col Mason, who was the
only person In California that could answer the
question OF Mr.. CeiZ. The order to Lieut..
when he should obtain the informasI s reuuired'
He did 60, and among the Papeis received, was
contract between Celiz and Lieut.. Col. Fremont,
OF which the annexed is a true copy. [See Ap.
With this came also two receipts of Abel
Stearnes, of Los Angeles. of which copies are :
nexed [See Appendix No IL
The contrac! hears date Sd March. ls47, and Is
made for sufficient number Of cattle supply the
troops then under Lieut.. Col. Fremont's immediate
command for two years; and yet will be found en-
doretd upon the contract certificate, dated 26h
April, le47, signed by Lieut.. Col Fremont. that the
cattle had been delivered as specified In the con-
tract, aud upon which he had gwen Ceiz note or
bond for the payne mt; while the receipts of Mr.
SteaIn's sho" that ret one OF the cattle had been
consume by the uoopss and that not one had even
bren delivered to lent. Col. Fremont at the time
he certified the COZ tract was complied with in full;
tor the receipt tor Asl head OF cattle bears date the
LIST May, 1S47 ind the other, tor ll9 head dated
Fremont had left the country, and nearly three
months after the oops Oi Lieut.. Col. Fremont had
been disbanded, or had lett Los Angeles.
And by a refer nee to the contract, it will be
be furnished at $40 per head, which was twentv-
five cent higher than cattle were being furnish
ed for the use of The troops at that time uader his
command at Los Angeles. Whereas the letter Of
that breeding cove were delivered by Crliz, kind
Of cattle that could. at the time the bond tor the
payment was given. and at anv time subsequent,
up t" the otenng Of the gold mines, have been pur-
chased tor one. third the price Lieut. Col. Fremont
stipulated to pay for them.
These documents were forwarded to Col Mason
at headquarters, and the return Of mail brough: me
an acknowledgment of their receipt with iHstruc-
TORS 10 inquire OF Mr. Searnes. il he held the cat
tie d. lIvered to HIM by Mr.. Celiz, tor account of
the government OF the United States.
made the inquiry, as directed by my command
ing officer, and on the following day received the
dix No iii } THIS forwarded oCol Mason. and
subsequently learned it had been forwarded, to-
gether with all the other papers connected with the
trans action, to the Department Of War II these
be the papers referred TO by Col. Benton-and with
no oIhers can my name and Lieut. Col. Fremont's
be remo'ey come ctsd-how can he charge upon
me the det al Of the bill, BY sending to the United
States lies against Lieut.. Col Fremont? If lies.
they were official lies, coined and signed by Lieut.
Col Fremont and his most intimate friend 10 Cali
forns, End upon them alone must rest the defeat of
this important AND just measure Of relief to the
creditors of the government IN California But IN
my opinion. It ever the reasons of the committee
ct the House OF Representatives, which, as Col
Benton says. baked the passage Of the Senate bill.
are made publ it will be found that they doubted
the propriety Of appointing by bill commss oner
TO audit and direct the payment II claims to the
amount ct 100000, among which was one for
large amount, contracted BY the said commss oner
tor property purchased on the credit OF the go
verpment 10 feed the troops under bis comm and;
not one dollars worth lot which was ever applied
to the purpose for which it was said to have been
purchased. but turned over to personal trend of
the purchaser, as his private property, to be kept
Tor a term Of three years. and the net proceeds
equally divided between them.
have been personally intimate, for many years,
with Col Benton and his family, as we'll as with
Lieut.. Col Fremont. since he became member Of
that family ana II Is therefore with the greatest
reluctance contradict the statement OF Col. Ben
ton. or a'!ude to any transaction of Lieut. Col FIRE.
nor rs while IN thus country. But sense o. duty
10 mvsrlf, and the position have occupied tor
nearly two years before the people of California
renders IT IN my Judgment imperative upon me not
to permit so unwarranted and t.lse charge to pass
npcontrad,cied J. ID STEVENSON
Late Col 1T N. Y Regt Vol aud Com'r Southern
tbs srticle OF agreement made aud entered into
THE Sd day March, 10 the year egbteen bu and
fort, seven between Enlogio DE- teliz q resident Of
Los Angeles capital Of Upp.r Gait ruis Of tn. arss
part and Fr. mo ut. Go Of C.,ifor nia and
tes Of thu Cover of tho nitsd
Ststes Of North America af the oond part viue,.
eth That tie aid Eucgio d. t,.bx has sold tn
fremont, Governor Of Calor mia Aforesaid lot ~
ak buodr~d besd Of cart o. Of good mere ntabls
kind and .utab for bs-f Co ne delivered Co the caw
mie'sry - the troops under the immediate oommand
OF Gov fremopt, 10 numbers correspo. ding With tbs
uQpisttons Of the m.ssry; and the said Gov Fra
mt binds himself and his In ocs to nav
'he sa'd Eulosio do C~z hi. heirs. executors admi.
the ,um NJ s'x thousand dollars without dehac alton
It s expressly UNDERWOOD bet tho ADO ve contract
deliver good merchantabs cattle vheu REQ to do
20 by The commissry that the IL to Ia
de- ,u snn VOID BY Ire raid Governor Fremont, he
Dumh-r delivered; and Il further understood that