Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-07-26
WHOLE NO. 534.
hEAnouARrERsTrSTn MILITARY DEpARrMENr,
Monterey Californio Dat O Iaay

"oh'ereyi Caliornia, Oct. ., lS49,
sls have the honor herewith TO cnclosc 60
you sne papers relating 10 certain contract en-
tered into on the Sd day ofNarcb 1877 hv Iism.
tenant Colonel Fremont, mounted rinemen with
Don Eulogio de Cells, resident Of Ciudad ~ lns
| Angeles, California. The paper marked ~
copy OF this contract, with Lieutenant ColoncI
Fremont's certificate, bearing date AprR 2g az
that me contract had been eoapiisd min on Hs
part Of Don Eulogio de Cells, aud that he Tra.
mont had executed TO him IN payment note for
the sum of six thousand nine hundred and seven.
| ty-fve dollars.
Lieutenant Colonel Fremont left California in
the month of June, lS4s, giving no notice to GER
eral Kearney or myself of the existence of sneh
contract, or that he had pledged the faith of his
government for the redemption of II by the nav
inent OF the sum Of SG,956. Nor had the least
idea OF this obligation until applied to by Colonel
Stevenson whether wouldrecogniso tho contract,
| and redeem the bond at maturity This letter "
accompanied by Others which show that in fact.
notwithstanding the certificate of Lieutenant Colo.
mel Fremont Mr., Cells never delivered 10 the com.
missary of the California battalion one single head
Of beef cattle under this contract, and that not
one OF these six hundred head of cattle was slauah-
tered for the use of that battalion but, on the
contrary, that they have been delivered to mir.
Stearns, OF Los Angeles, in two parcels; one Of
four hundred and eighty one on the fret day Of
May, and another of one hundred and nineteen ON
the sixth day Of July, ls47, both of which dates
are subsequent TO the discharge OF the California
battalion commanded by Lieutenant Colonel John
O. Fremont. There is no doubt that these cattle
| are the same six hundred contracted for by Lieut.
Colonel Fremont on the 3d March, 1s47. Mr. Cells
stated 1t positively In his letter marked d and
the receipts for them by Stearns marked B and Il,
specially state that he fStearns receipts for them
in the name and behalf of Lieutenant Colonel Ere.
mont t3 a@
These deliveries occurred at time when gar.
rison was stationed in Los Angeles, with commits.
stoned agent of the commissary department. of the
army, Lieutenant Davidson, to take charge Of sub
sistence stores intended for public use; yet these
cattle, furnished by formal contract are deliver.
ed to private individual upon n special agree
ment las he, Stearns, says) 10 breed shares for
| the term OF three years, have endeavorcd TO
procure from Mr.. Stearns copy the agreement
he has made with Lieutenant Coioncl Frement for
taking caro- ofthese cattle hut his letters maiked
7 and 10Y positively assert that he rcgards those
cattle az t,' private property Of Lieutenant Colo.
mel FIR bnt thar the agreement bv which hs
| holds a verbal one, witnessed by n Mr.
Hensly nd Lieutenant Gillespie, ofthe Unitel
States navy. Thus stand the facts, and | am ap-
piled to to know whether payment viii be mado
upon the paper marked 2, which is a certificate
that the sum of sc, ,975 is due to Mr.. Cells for ctu
plies furnished the California battalion eAich saD
breeding coos non IN tie hands Of priDate iHdj
uidaai, not Of chich has been used for public
| purposes. This note becomes due on the 18th day
| OF December SAT, and bears an interest of TWEEN
| ty-four per centunl per annum after that date.
In connection with this subject, call your at
| tention to the paper marked 3, wherein Lieutenant
Colonel Fremont has bound himself and future
governors OF California to pay the sum Of AZ, 500
at the expiration Of eight months from the ato Of
March 3, lS4T, or, in default thereof, that the
note shall bear interest OF twenty-four per cent
per annum this, too, WHOM the acting assistant
quartermaster at Monterey had been moro than a
month in the country, with supply Of money an.
phcabie TO the proper expenses Of the amy in
California.
Mr. Cells states that it was partly to spcuro tlds
loan of money that lieutenant Colonel Fremont
made with him the liberal bargain for cattle, for
which the price is about 40 per cent higher thau
the market price at the time Both Of Ihesa notes
are soon due, and Mr.. Cells ia going To mako ap-
plication Tor payment, he claims TO have fulfilled
his part OF contract for the redemption Of which
the good faith OF the government of the United
States is pledged by an officer thereof but tho
whole transaction, asshownby the accompanyingpa.
pcrs, appears to me cf such character that stall
not order payment of the money to Mr. Cells but
refer all tho papers 10 the department, for such
action as they may consider proper in the case
have the honor 10 be, &C., x"
IL. Is. AASON,
Colonel lst Dragons Commanding.
To General r. JOKES, Washington city.
No . n-r
This is to certify that there is due from the Uni
ted States to Don Eulogio do Cells the sum Of elk
thousand nine hundred and seventy five dollars, on
account of supplies furnished by him for subsist
ing United States troops in service in this Terrific.
ry and under my command. The above sum, fer
which this obligation,is given, shall be subject to
an interest OF two per cent. per month, after the
expiration of the term Of eight months from the
18th of April, ls47, until paid
j. @. FREMONT,
Lieut.. Colonel United States Army.
ASoELEs, California, April 26, ls47.
No. 3.
Eight months after date |, j. G. Fremont Cor,
eror 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 6ve hundred dollars being borrowed or
advanced TO me, for the benefit OF the said Gov
ernment of the United States by Euloyio de Cells