The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-30

with him the liberal bargain for cattle, for which
ket pnce at the time. Both OF these notes are soon
DUE and Mr. Cells Is going to make apple alton for
payment, as he claims have fulfilled his part of
the contract, for the redemption Of which the good
pledged by an officer thereof but the whole
transaction, as shown by the accompanying papers,
appears to me OF such character that | shall not
order, payment OF the money to Mr.. Cells, but re-
ter all the papers TO the department. tor such action
as they may consider proper IN the case. have
the honor 10 be. your obedIent servant.
X. Is. Mason, Col. LIST Dragons, Cong.
Brig. Gen. X. JONES,
Adj. Gen. U. s.. Army, Washington, d. c.
N)
[coPY.l
This article of agreement. made and entered into
this third day OF March, IN the year eighteen hua-
Cells, resident of the City de los Angeles, capital
of Upper California, of the first part, and j. c. Free
mont, Governor OF California, and legal represent
tatlve OF the government OF the United States OF
North America, OF the second part, winesseth:
That the said EulogiO de Cells has sold to j. G.
Fremont, Governor of California aforesaid, lot
of SIX hundred head OF cattle, of good merchantabe
kind, and suitable for beef, TO be delivered to the
commlssary OF the troops under the immediate
command OF Governor Fremont. in number cores
pondlng with the requsiton of the commissary;
and the said Governor Fremont binds himself and
his successors In Office to pay to SAID Eulogio de
Cells, his heirs, executors, administrators or as
signs, at the expiration of eight months, the sum
OF Six thousand dollars, without defdlcaton. 1t Is
expressly understood between the ABOVE contract
ing partes that If said Euogio de Cells fails to de-
liver good merchantable cattle, when required to
do so by the commlssar that the contract Is to be
considered null and void by the said Governor
Fremont, he paying to Eulogio de Cells ten dollars
per head for the number delivered; and it is further
understood, that the hides Of the above cattle are
to be delivered, on application, to the said EuoglO
de Cells, TO whom they belong, according TO agree
ment. In testimony OF TIE above, the said parties
have hereunto set their hand, and affixed their
seals, at the City de los Angeles, the capital of
California the day and year before written.
(Slgned) ErLoGIo DE CELLS. (Seal)
(Signed) j. q. FREMONT, (SeaL)
Governor of California.
Signed in the presence of
VIM. ii. RUSSELL, Secretary of State.
] do hereby certify, that Don Eulogio de Cells
has compiled to the within obligation and contract
on his part, by. delivering the number of cattle
specified, Angeles, April 10Th, lSi7, and in pay
ment OF them,. have this day executed to said
Cells my note for the sum of SIX thousand nine
hundred and seventy-fve dollars, including the
$500 (Signed) j. c. Fremont,
Lieut.. Col. U 5 A.
hereby certify the above to be true and faith
full copy OF the contract between j. G. Fremont,
Governor of California, and Euogio de Cells and
of the certificate of Lit. Col. Fremont U. S. A. Of
SAID Celiss completion or faithful fulfment of the
| aforesaid contract.
(SIgned) A. j. SMITH,
It. LIST Dragons, U. S. A.
Los Angeles, California, June II, 1917
| OBJ
TRANSLATION I
have received from Don Euloglo de Cells, tour
hundred and eighty-one head of cattle on account
OF Mr.. J. 9. Fremont, Lit. Colonel of the army OF
| the United States, which cattle exists my pos
session. =, .(Signed) ABEL srEARNs.
Angeles, May LIST, 1917.
| 4Sl head OF cattle.
HEADQUARTERS s. MLIr'Y DIST, CALIF'A 4
CIUDAD DE Los Angeles, June, 1915 :
| SIR -
| 1t having been reported to me that some time In
the month OF March last, 600 head of beef cattle
were accounted for on account OF u. $. Govern
ment, by 1t. Col. Fremont, and delivered by his
authority to Abel Stearns, Esq, of this place,
have TO request that you will, at the earliest mo-
ment, possess yourself of all the facts and circum-
| stances OF the case, 18th view to recover the
property, # i legally belongs to the Government of
Very respectfully, your obedient servant,
| (Signed0 I'D. STEVENSON, Col Comdg
1t. j. w. DAVIDSON, A. A. Or. Master.
Its thought that this date should be lit June,
and not the It'll, which is supposed to be in
| copying.
| lTRANsLATIoN-the original being in Spanish.
| The undersigned certes, that the Governor and
| Commandant Of this Territory, Mr.. j. q. Fremont,
/
OF the armed force which, under his command, CO.
| operated towards the pactcation OF the country,
solicited from various indiv loan for the
object indicated, and the undersigned having been
| requested, through the medium OF Mr.. Charles
Fluque, TO furnish provisions and cash. the accom-
panyi contract took place, the cash having been
| delivered immediately without interest for the
term oil eight months, and TIE cattle was TO be de-
| livered when 1t might be wanted, 1t being under
stood that the term OF payment should run on from
the day OF the contract, on account OF the cattle
| being movable property, which could nos be con-
suIned IN two nor three months, and, besides, was
| augmentirg daily, II consisting chiefly OF cows
IL IL likewise added, that the contract was COM
pied with on the part Of the declarant, to the salts
faction OF the Governor, who, not having time to
1 consume the cattle, on account of having received
| asnptrlor order TO deliver up the command aud
dlsband The force, he ordered said cattle to be de-
lvcredto Mr. Abel Stearns, as understood, in the
quality OF deposit, until the government should
dispose s OF II; s,h fS,gnsd2 EcLocIo DE CELLS.
.E)
Eight months after date, /, J. G. Fremont, Gov
ernor Of California and thereby the legal agent Of
the government Of the United States Of North
America, In consideration Of the sum of two
thousand five hundred dollars being loaned or adj
vanced TO me, for the benefit OF the said govern
ment Of the United States, by Eulogo de Cells, do
hereby promise and oblge myself, In my iedsciary
| character as Governor aforesaid, and my success
sors IN office, TO pay to said Eulogio de Cells, his
| hens, executors, administrators or assigns, the
aforesaid sum OF two thousand five hundred dol
| lars, without defacaiion.
IL ~ agreed and understood, that If the aforesaid
sum Of two thousand five hundred dollars is not
paid or before maturity, that it is to draw inte-
rect at the rate OF two per cent per month, from
| the time II falls due.
In testimony whereof, have hcreunto set my
hand, and have caused the seal ef the territory to
be affixed, at the city DE los Angeles, the capital
of California, this thlrd day of March, In the year
| eighteen hundred and forty-seven
(Slgned) ]. &. Fremont,
Governor OF California
True copy of the original.
(Sgned) ;. q. FOSTER.
(F)
tTrANsLATtoS.l
have received from Don EulOgio de Cells one
hundred and nineteen head OF cattle, on account
of Mr.. J. g. Fremont, Lieut.. Colonel Of the army
OF the United States, and said cattle remains in