The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-10-18

L " IN ION
2e3 to a73 inclusive that the 4h February lS4 Col
Fremont borrowed $4,000 and the goth $1,000 Of Don
Antonio Jose Cot for which he gave obligation GOO
OF California between which dates he purchased Ma
rPosa for the precise amount Of these two sumS-hat is
$4,000 Why he borrowed money Of Cot is not explained
But by the document II appears that their friend
EuOjO De Cells entered into contract in the following
words;
This article Of agreement made and entered into this
third day OF March, in the year s4 by and between Eu-
oio de Cells resident of the city dc los Angeles capt.
tai of Upper California of the first part and j. O. Fremont
governor Of California and legal representative OF the
of the United States of North America of the sec
ond part winesseh that the said Euloo de Cells has sold
10 j. o. Fremont Of California aforesaid lot OF
SIX hundred head OF cattle OF good KIND ana
suitable for beef 10 be delivered to the commissary OF the
troops under the immediate command OF Governor Fremont
in number corresponding with the requisons OF the com
mssary and the said Governor Fremont binds himself
and his in office TO pay TO said Euoo dc Cells
his heirs executors administrators assigns at the
prauon of eight months the OF six thousand dollars
without dealcation: 1t is expressly understood between
the above contracting parties that the said Euloo de
Cells fails to deliver good merchantable cattle when re-
qued TO do by the commissary the contract is TO be
considered null and void by the said Governor Fremont
he paying Euoio de Cells dollars per head for the
number delivered and it Is further understood that the
hides of the above cattle to be delivered application
to the said Euoo de Cells TO whom they belong by
ment
In testimony the above the said parties have heeuno
set their hands and affixed their seals at the city de los
Angeles the capital of California the day and year before
written. EULOJlO DE CELLS, IL.
J. O. FREMONT, l. .
Governor Of California.
On the 10th of April ls47 Colonel Fremont acknowl-
edges on the back of it the receipt of six hundred cattle
in these words:
do hereby certify that Don Euloo de Cells has com
piled to within obligation and contract his part by de
iverng the number of cattle specified and in
thereof have this day executed to said Cells my note
for the of six thousand nine hundred and
dollars including the hides Of the ishole number Of cattle
J. @. FREMONT,
Lieutenant Colonel United States Army.
ANGELES, April &c, ls47.
That this receipt is false is proved by the following
ceipts showing when they were in fact delivered
have received from Don Euloo de Cells four hundred
and eghtyone head Of cattle account of Mr. j. c. Free
mont lieutenant colonel of the army of the United States
which cattle exist in my possession.
ANGELES, May /, ls47.
have received from Don Euloio de Cells hundred
and nineteen head OF cattle on account of Mr. Ere
mont lieutenant colonel OF the army of the United States
and said cattle remain in my possession according to
agreement. ABEL STEARNS.
ANGELES, July I, lS47.
Why did Colonel Fremont receipt the Goth Of April,
l847, what in fact delivered until May and July
afterwards and then not to the government but to his
personal agent2 letter from Colonel Mason enclosing
these papers the War Department shows that these
tie neither delivered to the government wanted
by the army 1t shows that Colonel Fremont left Cali
forna before the last parcel of these cattle purport
have been delivered and that there occasion for
the purchase Colonel Masons letter. referring to one
from Colonel Stevenson states that Colonel Fremont left
California in June, ls47 that there at the time a
commissioned agent of the commissary department there
take charge of subsistence and that "nottOisand-
ing the certificate Of Lieutenant Colonel Fremont Mr.
Cells neper delivered to the commssary of the Cali.
forna battalion single head Of BEEF cae under this
contract and that Of these hundred head Of cattle
rOas slaughtered for the Of that battalion but on the
contrary that they hare been delivered Mr. Searns Of
Lo, Angeles in tVo parcels Of four hundred and
eghy-one the first day Of Nay, and another Of hun
drcd and nineteen the sirh day Of July, ls47 both Of
rhieh dates subsequent the discharge OF tie California
battalion commanded by Lieutenant Colonel J. c. Ere
mont There is doubt that these cattle the six
hundred contracted for by Lieutenant Colonel Fremont
the Sd March, s47 Mr. Cells stated it positively in his
letter marked and the receipts for them by Searns
marked and F. specially state that he Searns receipts
for them in the name and behalf of Lieutenant Colonel
Fremont.
These deliveries occurred at time When garrison
stationed in Los Angeles with commissioned agent OF
the commissay department of the army Lieutenant Da-
wilson, take charge of subsistence intended for
public use yet these cattle furnished by formal
tract deUredO private individual upon special agree
las he Stearns says 10 breed shares for the term
Of three years have endeavored to procure from Mr.
Stearns copy Of the agreement he has made with Lieu
Colonel Fremont for taking Of these cattle but
his letters maked and 10Y positively assert that be
CARDS those cattle the private property Of Lieutenan
Colonel Fremont but that the agreement by which he
holds them verbal one witnessed by Mr. Hensly and
Lieutenant Gillespie Of the United States navy Thus
stand the facts and applied TO to know whether pay
ment will be made upon the paper marked which
certificate that the of $6075 due to Mr. Cells for
supple, furnished the California bsttaop phieh supple,
clearly and planly The or Of sz hundred breeding
in The hands Of pirate individual Of chich has
been used for public purposes"
For these cattle Col Fremont gave a note as lieutenant
colonel in United States army in these words days
fore Of them dcliUered and than two months
before the delivery completed
This to certify that there Is due from the United States
TO Don Euloo de Cells the Of six thousand nine hun
dred and sevenyhve dollars account Of supplies fur