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

| der Col. Fremont, because his battalion had been
previously .discharged-the fair and proper con-
srucon OF the contract being, that the cattle were
10 be delivered at such times, and IN such numbers,
as the Commssary mightrequire, TO meet she wants
| OF that battalion. l say, il those documents ana
certificates be false, any OF those accompanying
the contract which were transmitted with my let
ter of October 9th, 10 the AdJutan. uenerai, con-
| tain lies against Col Fremont" and they de-
feated the bills for the payment OF the California
claims the disastrous consequences rest upon
those who wrote and signed them, and not upon
| me, for transmitting the papers which contained
| them, as il was my duty to do, for the information
| of the government. But, Notwithstanding all these
certificates and receipts, the 1l9 head of cattle
were not delivered TO Mr.. Stearns on the 7th July,
1917, as his receipt of that date would seem to
show that receipt obtained by Cells giving
his obligation TO deliver the cattle at some future
period, and the receipt was thus obtained, TO make
good his chain OF evidence, that he had completed
the delivery of 600 head OF cattle to Col. Fremonts
agent, and thus strengthen his position in claiming
his pay on the contract and certificate OF Col. Free
mont, 10 the amount of $3.50 So far from the
contract having been fulfilled and complied with,
and the "supplies furnished" on the 18th of April,
1917, very much doubt il to this very day, the
contractor has completed his delivery. 1t is
very certain he had not done so on the 7th
July, 1917. This is feature in the transac.
ton that | did not know when | forwarded
the papers TO the Adjutant General 1t will be
borne in mind in reading the appendix, that
the supplies, referred 10 in Col Fremont's GER
tlfcate No. 2, of the 18th Of April, 1917, having
been already furnished for subssting troops under
his command, all OF which had been previously
discharged, are the identical cattle for which
the contract was made, and which the two receipts
OF Stearns, his agent, OF subsequent date, show
had never been furnished al all
This is the transaction and these are the docu-
ments-the Z" lies against Col. Fremont (which
has brought upon me the ire OF Mr. Benton, merely
for being the proper channel through which the
government was made acquainted with them
truly there must be painful " thorn in the Kings
de NJ Xvp M
| am satisfied, and such Is the general opinion OF
every man have heard speak on the subject, that
bill, simply approPrlaung sum OF money for the
payment of the California claims, would have pass
ed Congress with little or opposition, and that
| Mr. Benton himself defeated the bills, by his ef-
| forts to force Congress TO place Col. Fremont at
! the head of the Board of Commissioners, so that
he might sit in final judgment upon his own acts.
| have, as is known to the chief OF the military
staff in this department, long since had applica-
TONS for copies OF this cattle contract and certIh
| Gates for publication, and that have as often re-
fused them, saying, "as this affair came to me
officially, had officially forwarded the papers to
Washington for the information of the govern
ment; there my business with the matter ended,
and that deemed publication of them improper
! in the absence Of Col. Fremont" Mr.. Benton's
wanton attack now, justi6es the publication, in
wardng of the blow he has aimed at me.
If, IN unraveling the skein of this contract, some
curiousy wrought hard knots are found in it, all
concerned must remember they tied them them
selves, and thank Mr. Benton for the opportunity OF
explaining to the public the manner in which they
were tied.
am not so much Of can ignoramus" as Mr..
Benton calls me, as to follow his example by BAN
dying opprobrious epithets with him. They are as
harmless to those TO whom they are applied, as
they are undlgnified and unproductive of good to
those who apply them. No man rates his poor
abilities and very limited requirements at a more
humble rate than do NINE, and no man rates Mr..
Benton's higher than he does himself. wonder
If he ever read that proverb of Soomon's, which
says: =" Seest thou man wise IN his own con-
ceit 7 there more hope of fool than of him."
X. b. Mason, Col. LIST Dragons.
Monterey, Cal, Jen. 81, lSi9
APPENDIX /.
HEADQUARTERS, 10th Military Dept,
mo. ISL Monterey, Cal, June Fl, 1871.
SIR AN opportunity offering to San Francisco,
take my despatch to you OF the 18th INST. at that
place, and that both will reach you at the same
time.
claim has been to-day presented to me against
| the United States, Of extraordinary nature,
that deem II proper TO send 1t to you for the ln-
formation Of the department. You will perceive
II is for money borrowed at an enormous rate of
interest, by 1t. Col. Fremont, from one Antonio
Jose Cot; and that toe, in the official character Of
Governor of California, when he knew that Gen.
kearny, his superior and commanding officer, was
here in the country.
In the same manner the Lieut. Colonel gave
orders, and caused the collector OF customs at San
Pedro TO receive In payment OF custom house dues,
a large amount, say about $1,000, Of deprecated
IL
the government. Gen. kesrny has gone home,
prepared to lay all the facts attending that trans
action before the War Department. The object
! now have in view, is to request that 1t. Colonel
Fremont may be required to refund Immediately
the seventeen hundred dollars that the treasury Of
California has thus lost by his illegal order. The
! money is wanted to defray the expenses Of the
civil department in this country
am respectfully, your obi servant,
Col LIST Dragons, Cong.
] 90, II
Adj. Gen. L. s A, Washington, ID. &.
APPENDIX n.
HEADQUARTERS, 10th Military Dept.
mo. 81 Monterey, Cal Oct 9, 1Si7
SrR;-l have the honor herewith to enclose to
you the papers relating 10 certain contract enter
ed into on the Sd day of March, lS47, by Lieut..
Col. Fremont, Mounted Riilemen, with a Don
Eulogo de Cells, n resident of the Cludad de los
Angeles, California, but protesting to be a subject
OF the Queen OF Spain.
The paper marked A, is a copy Of this contract,
with Lieut.. Col Fremont's certificate, bearing
date April 26, 1871, that the contract had been com
pied with on the part of Don Eulogio de Cells, and
that he Col. Fremont, had executed in payment to
him note for the sum OF SIX thousand nine hun
dred and seventy-fve dollars Lieut.. Col. Free
mont left California in the month of June, 1917,
/ giving no notice TO General kearny or myself OF
The existence OF such contract, or that he had
pledged the faith Of his government for the redemp-
ton Of IL by the payment OF toe sum OF S6,9s5, nor
| had the least idea III this obligation until applied
to by Col Stevenson, IN his letter marked !,
whether would recognise the contract and re-
deem the bond AT maturity, this letter was accom-
panied by these marked A, Is, &, ID, l., and +,
which show that IN fact, notwithstanding this GER
| thcate OF Lieut.. Col. Fremont. Mr. Cells never de-
| hvered 10 the Commissary Of the California bat
talon one single head OF beet cattle under the
/ tract, and that not one OF these hundred were
slaughtered for the OF that battalion, but the
contrary, they have been delivered to Mr. Stearns,
Of Los Angeles, in two parcels of four hundred
and eighty one, the LIST day of May, and another
OF one hundred and nineteen, on the 9th day Of
July, 1877, both Of which dates subsequent TO
the discharge OF the California battalion command.
| ed by Lieut.. Col Fremont There Is doubt but
I these cattle are the same SIX hundred contracted
for by Lieut. Col. Fremont, on the 3D. OF March,
1871. Mr.. Cells states II positively IN his letter
marked ID, and the receipts TOR them by Stearns,
marked and L, specially state that he, Stesrns,
receipts for them in the name and behalf Of Lieut.
Col. Fremont These deliveries occurred at the