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 Copy 1 
 
 BLACK REPUBLICAN 
 
 IMPOSTTJRE EXPOSED! 
 
 FKAUD UPON THE PEOPLE. 
 
 FREMONT AND HIS SPECULATIONS. 
 
 How he employed public money to buy a large estate. 
 
 How he employed public money to buy breeding cattle to stock it with. 
 
 How he stood for some years as a defaulter for the same upon the books 
 
 of the GoTernment. 
 
 How he sold the Government its own beef cattle to pay the balance due 
 
 to itself. 
 
 WASHINGTON : 
 
 PRIKTED AT POLKINUORN's STEAM JOB OFFICE. 
 
 1856. 
 
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 .uld^iUiii i 
 
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• Hi 
 
 GOVERNOR FREMONT'S FINANCIAL OPERATIONS. 
 
 We have, in a previous number, examined the accounts of Col. Fremont 
 as a disbursing officer, and established the charge of extravagance and 
 want of care and judgment in his management of the public accounts. 
 
 We shall next take up the pecuniary obligations incurred by him whilst 
 contending for the appointment of Governor of California, against the 
 order of the President, conferring that authority upon General Kearney. 
 For this usurpation of office, and insubordination as a soldier, he was 
 tried and broke by court-martial. 
 
 The obligations incurred by Col. Fremont on behalf of the United 
 States, during the brief term for which he claimed to hold the office of 
 Governor, consist of three principal items. 
 
 THE HUTTMAN DRAFTS. 
 
 [From the Washington Union.~\ 
 
 On the 18th March, 1847, " Governor" Fremont borrowed of F. Huttman fifteen thou- 
 sand dollars, and gave him four drafts for $6,000, $5,000, !|J4,000, and |4,500, [the latter 
 for premium,) making an aggregate of $19,500. The drafts were drawn on the Secretary 
 of State, and ivere protested for non-acceptance, as the "Governor" had no authority to 
 draw upon the department. Nothing now was said about the non-payment of the drafts 
 until the 18th August, 1848, when " Governor" Fremont, being then in Washington city, 
 transmitted his accounts for disbursements in California during the years 1847 and 1848. 
 In his general account, he charged himself with moneys received by him from Purser 
 
 Speiden and Captain Gillespie of the marine corps, amounting to $;23,199 40 
 
 And he claimed credit for disbursements and advances amounting to 42,861 15 
 
 Leaving a balance due him of. f«19,6Gl 75 
 
 The whole of the above balance was paid to him or his agent as follows : On the 7th 
 September, 1848, $9,056.07 was paid ; on the 5th April, 1850, $1,673.74 was paid, and 
 the remainder of the balance, amounting to $8,931.94, was placed to his credit as a set-off 
 to balances against him. 
 
 Appended to the above account rendered by "Governor" Fremont, and settled as above 
 stated, was the following note to which particular attention is called, as it afibrds proof 
 positive that "Governor" Fremont recognised an individual responsibility to Huttman for 
 the amount of the drafts : 
 
 " In addition to the sums above credited, I drew two drafts on the State Departjnent in 
 1847 — one in favor of F. Huttman, a Ciudad de las .>'in<;eles, for $19,000, (less the amount 
 of 30 per cent, premium paid,) and the other for $1,000, (less a premium of 25 percent.,) 
 in favor of William Wolfs Knott; ivliich drafts having been j^rotested and not recognised by 
 the government, I don't consider them chargeable to my account. J. C. FREMONT." 
 
 We italicise the number of the drafts, as the description therein given is inaccurate, 
 and furnishes evidence of the carelessness of a disbursing officer of the government, which 
 has heretofore been held to be reprehensible. The amount drawn in favor of Huttman is 
 stated by him to be nineteen thousand dollars, in one draft. There was only one transaction 
 with Huttman — namely, for/our drafts, amounting, in the aggregate, to nineteen thousand 
 Jive hundred dollars. The original drafts are on file in the department, subject to the ex- 
 amination of searchers after truth. From the 2lst of March to the 6th of October, 1847, 
 "Governor" Fremont disbursed to Major Redding and others the sum of $14,696.12, 
 which was allowed by the department as a set-off to the Huttman drafts ; though, on the 
 
other hand, over and above the amounts paid "Governor" Fremont on settlement in 1848, 
 the following debits were charged to him : 
 
 In the 2d Auditor's Office (moneys received) $731 85 
 
 3d do do 810 00 
 
 4th do money received from Major A. G. Gilles- 
 pie (military contributions) 4,846 00 
 
 5,387 85 
 
 In 1852, " Governor" Fremont went to England, and was arrested on a writ from her 
 Britannic Majesty's Court of Exchequer, at the suit of A. Gibbs c^ Son, of London, (the 
 assignees of F. Huttman,) on the four several bills of exchange or drafts above spoken 
 of. As soon as the news of his arrest reached Washington, a bill was introduced in Con- 
 gress for his relief. The claim was laid, in the name of F. Huttmae, before a board of 
 army officers, composed of Brev. Col. Smith, 2d artillery, Maj. Lee, commissary depart- 
 ment, and Lt. Col. Thomas, quartermaster's department, who were appointed by a spe- 
 cial act of Congress to examine into California claims. The board recommended payment 
 of the claim in the following words : 
 
 "The board is of opinion that the claim is just, and recommends it to the favorable 
 consideration of Congress." 
 
 The grounds of the opinion so reported were not set forth. It was not stated whether 
 the claim of Huttman was just, simply because he was the hAder of the drafts of an accredit- 
 ed officer of the government, or because the money was, in the opinion of the board, due from 
 the United States to "Governor" Fremont. The board did not have before it the ac- 
 counts of "Governor" Fremont or others, or other evidence which was and is in the depart- 
 ments, having a bearing upon Huffman's or other claims presented to it — the reasons of 
 which are set forth as follows, in the letter transmitting the report to Congress : 
 
 " The very limited powers conferred upon the board by Congress restricted if in the ex- 
 amination of the claims presented to simply receiving such explanations and testimony as 
 might be offered by the claimants, or their agents or assigns, and not to seek the same from 
 any other than official sources, such as the records of the Treasury and other departments 
 of the government might furnish." 
 
 From the above report it will be seen that the board had no authority, under the act of 
 Congress, to go info the departments for evidence. 
 
 When the report was made to Congress it was supposed that the amount proposed by 
 the bill would not exceed |19,500, the amount of the draffs. The bill passed ordering 
 the money to be paid, without leaving any discretion with the Secretary of the Treasury, 
 except that he should be satisfied that the amount obtained on the drafts had been expend- 
 ed for the benefit of the public service. 
 
 The facts were " that it had been expended for the public service," and, further, that long 
 prior to the passage of the appropriation bill he (Fremont) had drawn the money from the 
 treasury ; and it was his duty to have paid the debt to Huttman, as it had become an indi- 
 vidual debt on the part of Fremont the moment he drew the money from the treasury, and con- 
 sequently not a debt due by the United States. 
 
 In carrying out the provisions of the act, the proper officer of the Treasury Department 
 reported, July 7, 1853, to the Secretary, after enumerating the facts, as follows : 
 
 " Thus it appears — 
 
 " 1st. That, in a liberal sense, the proceeds of the drafts referred to were expended for 
 the benefit of the public service. 
 
 "2d. That the amount of said expenditure has been refunded to and settled with Co\. 
 Fremont. 
 
 "3d. That Col. Fremont is, over and above, and on other accounts, now indebted on 
 the books in the sum of $6,337.85, to which is to be added, if the present payment is made, 
 the amount of said drafts less the premium of $4,.500 — say |il5,000 — making an aggregate 
 indebtedness of ^21,337.85." 
 
 On the 9th of July, 1853, the Secretary of the Treasury, having no discretion, ordered 
 payment to be made to A. Gibbs & Son, on the four drafts, under the act passed March 
 3, 1853 — Statutes at large, vol. 10, pp 759 and 760. Under said act and order of the 
 Secretary there was paid to the plaintiffs the sum of fortt-eight thous.\.nd eight hun- 
 dred and FORTY-THREE DOLLARS and THIRTY-THREE CENTS. 
 
 To this large amount the drafts had swelled In reaching a judgment in the English 
 courts. After the payment above made, the Secretary directed that the sum of fifteen 
 thousand dollars should be charged to Fremont, with interest from the date of his settle- 
 ment in 1848, and that he should be called on to settle this and other balances against him. 
 The balances, however, stood against the "Governor" until July 29, 1854, when his cele- 
 
■hrated bill for beef furnished to the Indians in California (not one pound of which, savp 
 the entrails, horns, hides, and hoofs, was ever Issued to the Indians, as can be proven by 
 thousands of miners who purchased it at from twenty-five to fifty cents a pound, and also 
 by the affidavits forwarded to the Indian Department by Lieut. Beale, of Brooks, and 
 others wiio butchered and sold the beef) was passed. 
 
 The act (statutes at Large, vol. 10, p. 804) appropriated $242,036.25, from which was 
 deducted by tiie Secretary of the Treasury the following amounts overdrawn and due by 
 Col. Fremont, most of which had been standing against him for several years : 
 
 Balance due Second Auditor's office $771 85 
 
 Balance due Third Auditor's office, (Huttman's draft and interest)... 15,945 88 
 Balance due Fourth Auditor's office, received from Gillespie in 1847 4,846 00 
 
 $21,563 73 
 
 The act of March 3, 1853, provided for the payment of the debt due by Fremont, and 
 •' also for such necessary ei~i)enses as he, Fremont, maij have incurred in defending the suit " — 
 his own. Under that proviso, "Governor" Fremont presented a claim for expeiises incurred 
 for the sum of $2,150.49, which was allowed and placed to the credit of a ** balance" 
 against him on the books of the Third Auditor, and there still remains a balance against 
 him of 1,986.51. 
 
 By all the rules of equity and justice, "Governor" Fremont is indebted to the govern- 
 ment on account of the Huttman drafts as follows : 
 
 Amount paid in England $48,843 33 
 
 Amount paid for expenses 2,150 49 
 
 Cr 50,993 82 
 
 By amount stopped out of beef account 15,945 88 
 
 Balance due, with interest from date of payment, $35,047 94 
 
 Shades of Galphin and Gardiner! where are ye gone.' Come back and take lessons. 
 
 THE TEMPLE CASE. 
 
 On the 25th January, 1847, Col. Fremont, by virtue of his office as 
 (jrovernor of California, borrowed of Mr. John Temple, of Angeles, fif- 
 teen hundred dollars, according to the following specialties executed by 
 him: 
 
 Received of Mr. John Temple the sum of fifteen hundred dollars in cash, for the use of 
 the United States, for which sum I promise (in the name of the United States, as gover- 
 nor of California) to pay two per cent, per month until paid, said per centage being cus- 
 tomary in this Territory. J. C. FREMONT, 
 
 Gov. of California. 
 
 Angeles, capital of California, Jan. 25, 1847. 
 
 We, the undersigned, merchants residing in California, certify that the customary price 
 paid for the use of money in this Territory is two per cent per month, and frequently 
 more. TALBOT H. GREEN, 
 
 W. D. M. HOWARDi 
 ABEL STEARNS. -i ■ 
 Angeles, Upper California, Jan. 25, 1847. 
 
 This money was obtained for the service of the CaL battalion, and expended accordingly. 
 
 $1,500. J. C. FREMONT. 
 
 July 11, 1853. 
 
 I certify that I have compared the above signature with original signatures in this 
 office, and to the best of my belief pronounce it to be genuine. S. COOPER, 
 
 Adj. Gen'l. 
 Adj. Gen'l's Office, Oct. 8, 1852. 
 
This bill having been foi warded for acceptance and collection to Messrs, 
 Curtis & Peabody, of Boston, they addressed letters of inquiry to the 
 Secretary of War, and received the follomng reply: 
 
 War Department, 
 
 Washington, December 7, 1848. 
 Gentlemen : I have the honor to acknowledge the receipt of your letter of the 4th 
 September and 30th ultimo, respecting the draft which jou hold of J C. Fremont, for the 
 money borrowed by him in California. Mr. Fremont memorialized Congress on the sub- 
 ject of the liabilities he had incurred in California. But the bill in regard to them, which 
 was introduced as stated in my letter to you of the 8th of August, did not become a law. 
 I am unable to say what further action may be expected, if any, at the present session. 
 As no officer of this department is authorized to borrow money on the faith of the United 
 States, the department cannot recognise any such contract. Mr. Fremont, individually, 
 it is presumed, has received credit at the Treasury for all disbursements he thus made in 
 the public service, whether from money received by him from the treasury or raised on 
 his own account. 
 
 Very respectfully, your obedient servant, 
 
 W. L. jMAKCV", 
 
 Secretary of War. 
 Messrs. Curtis &. Peabguy, Boston, Mass. 
 
 It "will be observed that the Secretary of War says "that no officer of 
 this Department is authorized to borrow money on the faith of the United 
 States," and refuses to "recognise any such contract." 
 
 Upon an exa;mination, the Board directs the sum of $1,500, without 
 the interest, to be charged to the account of Colonel Fremont. 
 
 Board for the examination of claims contracted in California under Lieut. Col. JohnfC. Ertmonl^ 
 
 [Opinion on the claim of John Temple. No. 1.] 
 
 Cash $1,500. ■■'■ -'■ 
 
 On the additional testimony produced, the board deems the claim reasonable and just, 
 including the interest, as stated, to the date at which Lieut. Col. Fremont settled his ac- 
 count at the Treasury, say the first of October, 1848 ; and accordingly recommends it to 
 the favorable consideration of Congress: Provided, That, on the payment of the claim, 
 the amount thereof, deducting the interest, be charged to Col. Fremont. 
 [Vote unanimous — see page 208, journal.] 
 ■ ■ ■ - ^ ' C. F. SMITH, Col. U. S. Army, 
 
 ■■'13 ..laloscr.Av io f'^Ifi President of the Board. 
 
 ..pECEMBER 3, 1853. 
 
 lo^aaarlMo^ THE COT LOAN. 
 
 On the 4th February, 1847, Colonel Fremont borrowed of Jose Cot, 
 merchant of Angeles, two thousand dollars, and, a short time subsequent- 
 ly,' the further sum of one thousand dollars, for which he executed the 
 following obligation : 
 ,.f, ; , [Translation.] 
 
 I, the undersigned. Governor of California, for the United States of North America, do 
 acknowledge having received, from Don Antonio Jose Cot, merchant of this city, two 
 thousand dollars in hard cash, which he has furnished this Government for the wants of 
 the service; and, in the name of the Government of the United States, I bind myself to 
 return said sum within the term of two months from this date, with the interest of three 
 per cent, per month, or one hundred and twenty dollars. 
 
 But if, at the expiration of this period, I should see fit still to make use of said two 
 thousand dollars, said Mr. Cot agrees that the interest shall run for four months longer at 
 2 per cent, for month, or one hundred and sixty dollars for the four months ; and to the 
 fulfilment of these stipulations I bind myself as Governor of California. 
 
 For $2,000. J. C. FREMONT, 
 
 Governor of California. 
 
 .\ngeles, February 4, 1847. 
 
I have likewise received from said Mr. Cot the sum of one thousand dollars on the 
 terms expressed on the other side. 
 
 J. C. FREMONT, Governor of California. 
 Angeles, February 20, 1847. 
 
 1 have received from Sr. Fremont the sum of one hundred and eighty dollars for two 
 months' interest on the three thousand dollars expressed in this obligation. 
 
 ANTONIO JOSE COT. 
 Angeles, April 12, 1847. 
 
 The Board of Commissioners allowed the claim, with instructions to 
 charge the principal sum to the account of Col. Fremont. 
 
 Board for the examination of claims contracted in California under Lieutenant Colonel John 
 
 C. Frejnont. 
 
 [Opinion on the claim of Antonia Jose Cot. No. 153.] 
 Cash, p,240. 
 
 The board deems the claim just, including the interest as stated for four monthe, and 
 accordingly recommends it to the favorable consideration of Congress. 
 
 Provided, That, on the payment of the claim, the amount thereof, deducting the inter- 
 est, be charged against Lieut. Col. Fremont. 
 
 [Vote unanimous — see journal, page 255.] ,' 
 
 C. F. SMITH, Col. U. S. Army, J, 
 President of the Board.'!; 
 January 26, 1854. 
 
 It will be observed that two thousand dollars of this money was bor- 
 rowed on the 4th of February, and one thousand dollars a few days after- 
 wards. The Temple loan, of $1,500, was effected on the 2oth January. 
 Now observe: The biographer of Col. Fremont describes how, "by a ju- 
 ' dicious investment of about $3,000, in 1847, he (Col. Fremont) had be- 
 ' come the proprietor of one of the most valuable tracts of land in the 
 
 * world, the Mariposas;" and, in an abstract of the title to this valuable 
 grant, he adds, "on the 10th of February, 1847, Alvarado executed 
 
 * a deed of the property, as described in his own grant to Col. Fremont, 
 ' with a general warranty of title." The consideration stated ijs; the 
 
 CONVEYANCE WAS 3,000 ! nnnnw:< 
 
 Col. Fremont was an officer without ostensible means, distant frbibi 
 home, engaged in a tedious campaign against a disaffected people. Two 
 questions arise : 1. How did he get the money to pay for the valuable tract 
 of land ? 2. How did he apply the money obtained from Cot and Temple ?* 
 
 "We are aware that the advocates of Mr. Fremont will pretend great in- 
 dignation, and protest against being required to account for the deriva- 
 tion or application of his private means. But we submit that the co-inci- 
 dence of his having received three thousand dollars on the credit of the 
 United States and the payment of three thousand dollars for the valuable 
 tract of land, is so remarkable that, in justice to Col. Fremont, his 
 
 *NoTE.— The debit items, $1,500, $3,000, and |350, were advanced to Colonel Fremont 
 in cash, for the use of the battalion of volunteers in California, by John Temple, on Janu- 
 ary 25th, 1847, and by Antonio Jose Cot, on February 4, 1847, and T. H. Green, on 
 November 16, 1846. 
 
 These sums were recommended for allowance by the Army Board, and were afterwards 
 paid to the parties making the advances from the Treasury of the United States, and 
 charged to Colonel Fremont until he should satisfactorily show when and how he applied 
 the same properly to the public service. This he has not yet done. — Sen. Ex. Doc, 1st 
 session, 3Uh Congress, page 53. 
 
f>Ji ;]uJlKui.h fir!t;)>!:oiit 'wh) 1«i .■.;i!' .1* : '' .-T 
 
 triends should exonerate nim from the imputation of having employed the 
 public money for purposes of private speculation, 
 
 .r THE CONTRACT WITH CELIS. 
 
 On the 3rd March, 1847, Colonel Fremont, claiming to be Governor of 
 California and legal agent of the Government of the United States, bor- 
 rowed the sum of two thousand five hundred dollars from Eulojio de Ce- 
 lls, according to the following specialty : 
 
 Eight months after date, J. C. Fremont, Governor 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 borrowed, or advanced to me, for the 
 benefit of the said Government of the United States, by Eulojio de Celis, hereby promise 
 and oblige myself, in my fiduciary character as governor aforesaid, and my successors in 
 ofBce, to pay to said Eulojio de Celis, and his heirs, executors, administrators, and assigns, 
 the aforesaid sum of two thousand five hundred dollars without defalcation. It is agreed 
 and understood that if the aforesaid sum of two thousand five hundred dollars is not paid 
 on or before maturity, it is to draw interest at the rate of two per cent, per month from 
 the time it falls due. In testimony whereof, I have hereunto set my hand and have caused 
 the seal of the Territory to be affixed, at the city de los Angeles, the capital of California, 
 this 3d day of March, in the year 1847. 
 
 J. C. FREMONT, 
 •Od HByr Ysaom Bldi io 81,Bliob hm Governor of California. 
 
 ufi the same date tJolonel Fremont, in the same capacity, purchased of 
 the same person a lot of beef cattle according to the following agreement: 
 
 A, 
 
 This article of agreement, made and entered into this third day of March, in the year 
 1847, by and between Eulojio de Celis, a resident of the City de Los Angeles, capital of 
 Upper California, of the first part, and J. C. Fremont, Governor of California, and lega 
 representative of the Government of the United States of North America, of the second 
 pai-t, witnesseth, that the said Eulojio de Celis has sold to J. C. Fremont, governor of 
 *-^"alifornia aforesaid, a lot of six hundred head of cattle, of good merchantable kind, and 
 suitable for beef, to be delivered to the commissary of the troops, under the immediate 
 command of Governor Fremont, in number corresponding with the requisition of the 
 commissary ; and the said Governor Fremont binds himself and hia successors in ofBce to 
 pay ta said Eulojio de Celis, his heirs, executors, administrators, or assigns, at the expi- 
 ration of eight months, the sum of six thousand dollars, without defalcation. It is ex- 
 pressly understood, between the above contracting parties, that if the said Eulojio de 
 Celis fails to deliver good merchantable cattle, when required to do so by the commissary, 
 the contract is to be considered null and void by the said Governor Fremont — he paying 
 to Eulojio de Celis ten dollars per head for the number delivered ; and it is further under- 
 stood that the hides of the above cattle are to be delivered, on application, to the said 
 Eulojio de Celis, to whom they belong by agreement. 
 
 In testimony of the above, the said parties have hereunto set their hands and affixed 
 their seals, at the city de Los Angeles, the capitol of California, the day and year before 
 written. 
 
 Eulojio de Celis, [l. s.] 
 
 ' f'>'^""i- J. C. Fremont, [l. s.] 
 
 Governor of California. 
 
 In acknowledgment that Celis had complied with this contract, Colonel 
 Fremont executed the following receipt : 
 
 I do hereby certify that Don Eulojio de Celis has complied to the within obligation and 
 contract on his part, by delivering the number of cattle as specified ; and in payment 
 thereof, 1 have this day executed to said Celis my note for the sum of six thousand nine 
 hundred and seventy-five dollars, including the hides of the whole number of cattle. 
 . , ,, 1 ., ,,< -._■-_■; rri : :: .„: J. C. FREMONT, 
 
 ^ ^ Lieut. Col. U. S. c^rn\y. 
 
 Anoeles, April 26, 1847. 
 
9 
 
 In fulfilment of this transaction, Colonel Fremont executes this note as 
 of the same date, as follows : 
 
 j, , , Angeles, Calitornia, ./3;)nZ 26, 1847. 
 
 This is to certify that there is due, from the United States to Don Eulojio de Celis, the 
 sum of six thousand nine hundred arid seventy-five dollars, 'tn account o( suppliefi famished 
 by him for subsisting United States' troops in service in this Territory, and under my com- 
 mand. The above sum, for which this obligation is given, shall be subject to an interest 
 of two per centum per month, after the expiration of eight months from the 18th April, 
 1847, until paid. — Ilep. No. 817, page 16. 
 
 J. C. FREMONT, 
 
 Lieut. Col. U. S. Army. 
 
 On the 1st of May, 1847, appears the following receipts : 
 
 Angeles, c/1/aj/o 1, de 1847. 
 
 Recibi de Don Eulogio de CcIis cuatro cientos ochenta y un reses, par cuenta de Don 
 J. C. Fremont, teniente-colonel del ejercito do lo3 Estados Unidos, cayo ganado existe en 
 mi poder. 
 
 Son 481 reses. ABEL STEARNS. 
 
 Los Angeles, June 18, 1847. 
 
 I certify the above to be a true copy of the original. 
 
 J. W. DAVIDSON, 
 Lieut. U. S. Jlrmxj. 
 
 I have received from Don Eulojio de Celis four hundred and eighty-one head of cattle 
 on account of Mr. J. C. Fremont, Lieutenant Colonel of the Army of the United States, 
 which cattle exist in my possession. 
 
 481 head of cattle. 
 
 Certified as true. ABEL STEARNS. 
 
 I have received from Don Eulojio de Celis one hundred and nineteen head of cattle, on 
 account of Mr. J. C. Fremont, Lieutenant Colonel of the Army of the United States, and 
 said cattle remain in my possession.according to agreement. 
 
 ABEL STEARNS. 
 
 Angeles, July 7, 1847. 
 
 We extract from the Washington Union the following just and pungent 
 comments upon these transactions. 
 
 [Fr'om the Washington Union.'] 
 
 This same document, at page 370, shows that Fremont bought, in March, 1847, six 
 hundred head of cattle for six thousand dollars, of one Celis, of Los Angeles, at ten dol- 
 lars a head, for which he gave an obligation, as Governor of California, for six thousand 
 dollars, which he never paid, but which has since been discharged by Government under 
 a special law. These cattle, as appears by said document, at pages 367-8, were delivered 
 to one Stearns, who certified : " I hold these cattle by agreement, and for the term of 
 three years ; to return the same number and class at the end of the term, with one-half 
 of increase, excepting such as may be lost, in any way whatever, and not for want of 
 care on my part. I consider the cattle as the private property of Lieutenant Colonel Fremont, 
 not beiiig instrxicted by him to the contrary.'^ Colonel Mason, in his letter at page 3G2, 
 shows that not one of these cattle was ever slaughtered or used for the United States, 
 and that, at the date of the transaction, another officer was present having charge of the 
 commissary department. It does not appear that Fremont has ever accounted for these 
 cattle, or paid for them in any way whatever. Afterwards, when Beale became IndiaA 
 superintendent, Fremont furnished cattle for Indian supplies at some sixty dollars per head, 
 for which he has been fully paid by special act of Congress. From the papers hereto- 
 fore presented to the Indian Office, we understand that there is ample evidence to prove 
 that, through Beale, Fremont sold these very Celis cattle, or many of them, to the Gov- 
 ernment for Indian beef, and received for them about sLr times as much as they origi- 
 nally cost. From these extraordinary financial performances, we can well understand 
 how those men who are bankrupt themselves, and who have contributed to bankrupt their 
 States, and would bankrupt Uncle Sam if they could, were so enthusiastic in cheering 
 for Fremont. # 
 
10 
 
 If elected, could he well deny his leading supporters privileges at money-making cor- 
 responding with those formerly enjoyed by himself? If they should follow the prece- 
 dents set by him, would not the speculations prove splendid ? It is certainly natural that 
 such prospects should rejuvenate the dilapidated, and inspirit the decayed politician to 
 the greatest possible exertions. Fremont was mainly nominated by this class. What 
 will those who sustain themselves by honest industry say to the iMariposa and cattle specu- 
 lations ? Wi / they give either their approval .' 
 
 But the long recognized tests of official fitness are repudiated and rejected by the friends 
 of Colonel Fremont. If he is charged with being a Roman Catholic, the whole brood of 
 E-epublican organs rush to his defence, and crowd their columns with affidavits, certifi- 
 cates, and editorials to relieve him of what they seem to regard as a horrible crime ! If 
 he is charged with being the owner of slaves, all Black Republicandom is shocked at the 
 enormity of the injustice, and is prompt to repel the libellous imputation! But when 
 official records are produced, tending to excite suspicion as to Colonel Fremont's integ- 
 rity an d fidelity in the discharge of his official duties, while acting in a fiduciary charac- 
 ter in California ; when those official documents raise the presumption that he used the 
 crdit attaching to his official position to borrow money for his individual speculations ; 
 when they make out a prima fncie case of buying property ostensibly for the use of the 
 Government, when, in fact, the purchase was for his individual benefit ; when they show 
 that hundreds of thousands of dollars claimed from the Government upon the strength of 
 his official certificates have been rejected by the accounting officers of the Government 
 for illegality ; when such charges as these, based upon authentic public documents, are 
 brought forward, and the friends of Fremont are asked to explain these transactions, and 
 thus vindicate his character for honesty, fidelity, and capacity, the only answer given is, 
 that Colonel Fremont vnll dignify no libel by a personal contradiction, but commit his character 
 to the generous appreciation and clear discernment of the Jlmeiican people. 
 
 Is it possible that Colonel Fremont has so little care about his reputation, or labors un- 
 der the delusion that his character is so far above assault that for more than five years he 
 has allowed charges so grave to remain on the public records and in the public archives, 
 witliout a word of explanation ; and now, when they are brought to his attention, does 
 hespresume to meet them by throwing himself on his dignity, and trusting to the gener- 
 out appreciation of the people ? It was not in this way that he met the insinuation of 
 Mr. Clay in the Senate when he understood his personal character to be impeached. It 
 was not by dignified silence that he allowed Mr. Foote to indulge in personal reflections 
 in the Senate. But now, when he is presented as a candidate for the most elevated and 
 responsible position in the Government, and when charges, resting upon official docu- 
 ments, are made, which, if true, are wholly irreconcilable with integrity, fidelity, or ca- 
 pacity, the only response made is that Colonel Fremont trusts to the generous appreciation 
 and clear discernment of the ^meiizan people. We know that the American people are gen- 
 erous, and that they have a clear discernment, but at the same time they regard no man 
 as so eleva ed by a mere nomination for the Presidency as to be placed beyond the test to 
 which all applicants for their suffrages are subjected. When they see Colonel Fremont 
 nervously sensitive about being suspected of Roman Catholicism and of being the owner 
 of slaves, they will have " clear discernment" enough to conclsde that his refusal to re- 
 pel chargi^s that really involve an impeachment of his character for honesty and fidelity, 
 is a virtual confession that they are well founded. 
 
 PUBLIC PROPERTY TAKEN FOR PRIVATE USE. 
 
 We come now to the full denouhnent of this matter. Fremont left California in June, 
 1847 ; nothing was heard of the cattle by the commissary nor by Colonel Mason, until 
 application was made by the holder'of the agreement to know whether the amount would 
 be paid at maturity. This elicited an inquiry into the character of the transaction. 
 Colonel J. D. Stephenson addressed two letters to Abel Stearns, the recipient of the cat- 
 tle, inquiring how he held them and to whom they belonged. The following are his 
 answei-s : 
 
 No. 7. 
 
 Angeles, August 20, 1845. 
 Dear Sir — In reply to your official letter of yesterday 1 would observe that I hold in 
 my possession six hundred head of cattle, (the major part of them breeding cows,) re- 
 ceived from Don Eulojio de Cells, on account of Lieutenant Colonel J. C. Fremont. I 
 bold these cattle by agreement, and for the term of three years, to return the same num- 
 ber and class at the term, with one-half the increase, excepting such as may be lost in 
 
11 
 
 any way whatever, and not for want of care on my part. I consider the cattle as the 
 private property of Colonel J. C. Fremont, not being instructed by hini to tlie contrary. 
 
 I have the honor to be, &c. 
 
 ABEL STEARNS. 
 CoL. J. D. Stephenson, Commanding SoxUhern Military District, California. 
 
 No. 10. • 
 
 Angeles, September x!(), J 84m. 
 Sir : I have the honor to acknowledge the receipt of your official note of the I'Tth 
 instant, with an extract from an official letter to you from W. S. Sherman, Acting As- 
 sistant Adjutant General, requiring from me further information relative to a contract 
 by which I hold a certain lot of cattle received from Don E. Cells, for account of Lieu- 
 tenant Colonel J. C. Fremont, and whether I have a written contract or a verbal one ; if 
 the latter, to furnish you Avith the evidence to prove my right to the trust. In answer to 
 which I have to observe that I hold the cattle by verbal contract ; witness to the same, 
 Mr. Samuel Hensly Captain in the late California battalion, to whom 1 refer you particu- 
 larly. He resides near Nucva Helvetia ; also, to Midshipman .John K. Wilson, and fjieu- 
 tenant A. H. Gillespie, United States Marines. JJoth, 1 think, were present and know- 
 ing to the contract. As the above gentlemen are not here, I cannot furnish you with their 
 certificates relative to the contract. Very respectfuUv, 
 
 ABEL STEARNS. 
 To CoL. J. D. Stephenson, Commanding Southern Military District, California. 
 
 Can there be any rational doubt on the perusal of the above official papers, tlial Frc- 
 niont intended to make a speculation for his own benefit? The fact that on the 26th of 
 April, 1847, he executed the obligation marked No. 2, in which the sum of §975 is added 
 to the price agreed to be paid, being a compensation for the hides of the cattle, and this, 
 too, before a solitary cow had been delivered, shows that it was not then the intention of 
 Fremont that the cattle should be used for the army. It shows that the idea of leasing 
 out the cattle on shares was not merely an after-thought but a part of his original design. 
 But why resort to such inferences when we have the damning fact that instead of cattle 
 " suitable for beef," as named in the original contract, " breeding cows" were delivered, 
 and that, too, with the evident concurrence of Fremont in the fraud. 
 
 We need do no more than add the letter of Colonel Mason which was sent to the War 
 Department, accompanied by the foregoing documents. It is unnecessary to add that, at 
 the time this information was sent. Colonel Mason, being Governor of California, was the 
 proper person to make a report of such conduct. It arrived at Washington city after the 
 court martial on Colonel Fremont had commenced its sittings. It is impossible to read 
 this letter and the collateral proof without coming to the conclusion that Colonel Fre- 
 mont was guilty of a deliberate attempt to defraud the Government which he represented. 
 
 Headquarters, Tenth Military Depart.ment, 
 
 Monterey, California, October 9, 1847. 
 
 Sir — I have the honor herewith to enclose to you the papers relating to a certain con- 
 tract entered into on the 3d day of March, 1847, by Lieutenant Colonel Fremont, mounted 
 rifleman, with a Don Eulojio de Cells, a resident of Cuidad de los Angeles, California. 
 The paper marked A is a copy of this contract, with Lieutenant Colonel Fremont's cer- 
 tificate bearing date April 26, 1847, that the contract had been complied with on the part 
 of Don Eulojio de Cells, and that he, Fremont, had executed to him in payment a note 
 for the sum of six thousand nine hundred and seventy-five dollars. 
 
 Lieutenant Colonel Fremont left California in the month of June, 1847, giving no notice 
 to General Kearney or myself of the existence of such a contract, or that he pledged the 
 faith of his Government for the redemption of it by the payment of ^6,975. Nor had I 
 the least idea of this obligation, until applied to by Colonel Stevenson, whether I would 
 recognize the contract, and redeem the bond at maturity. This letter was accompanied 
 by others, which show that, in fact, notwithstanding the certificate of Lieutenant Colonel 
 Fremont, Mr. Cells never delivered to the commissary of the California battalion one 
 sing-le head of beef cattle under this contract, and that not one of these six hundred head 
 of cattle was slaughtered for the use of ihat battalion : but, on the contrary that they 
 have been delivered to a Mr. Stearns, of Los Angeles, in two parcels ; one of four hun- 
 dsed and eighty-one, on the first day of May, and another of one hundred and nineteen, 
 on the sixth day of July, 1847, both of which dates are subsequent to the discharge of the 
 California battalion commanded by Lieutenant Colonel J. C. Fremont. There is no doubt 
 that these cattle are the same six hundred contracted for by Lieutenant Fremont on the 
 3d of March, 1847. Mr. Celis stated it positively in the letter marked D; and there- 
 
12 
 
 ceipts for them by Stearns, marked B and F especially state that he (Stearns) receipts 
 for them in the name and order of Lieutenant Colonel Fremont. 
 
 These deliveries occurred at a time when a garrison was stationed at Los Angeles, with 
 a commissioned agent of the commissary department of the army, Lieutenant Davidson, 
 to tal^ charge of subsistence stores intended for public use ; yet these cattle, furnished 
 by ajBrmal contract, are delivered to a private individual upon a special agreement (as 
 he Siarns, says) to breed on sliares for a term of three years. I have endeavored to pro- 
 cuire from Mr. Stearns a copy of the agreement he has made with Lieutenant Colonel 
 Fn^mont to take care of these cattle, but his letters (marked 7 and 10) positively assert 
 th'at he regards those cattle as the private property of Lieutenant Colonel Fremont, but 
 that the agreement by which he holds them is a verbal one, witnessed by a Mr. Hensly 
 and Lieutenant Gillespie of the United States Navy. Thus stand the facts, and I am ap- 
 plied to to know whether payment will be made upon the paper marked 2, which is a cer- 
 tificate that the sum of j!^ti,975 is due to Mr. Cells for supplies furnished the California 
 battalion, which supplies are clearly and plainly the lot of six hundred breeding cows 
 now in the hands of a private individual, not one of which has been used for public pur- 
 poses. This note becomes due on the 18th day of December, 1847, and bears an interest 
 of twenty-four per centum per annum, after that dale. 
 
 In connection with this subject, I call your attention to the paper marked 3, wherein 
 Lieutenant Colonel Fremont has bound himself and future Governors of California to pay 
 the sum of $2,500 at the expiration of eight months after the date of March 3, 1847, or 
 in default thereof, that the note shall bear an intei'est of twenty-four per cent, per an- 
 num ; tills, too, when the acting assistant quartermaster at Monterey had been more than 
 a month in the country, with a supply of money applicable to the proper expenses of the 
 army in California. 
 
 Mr. Cells states that it was partly to secure this loan of money that Lieutenant Colonel 
 Fremont made with him the liberal bargain for cattle, which the price is about forty per 
 cent, higher than the market price at the time. Both of these notes are soon due, and 
 Mr. Cells is going to make application for payment, as he claims to have fulfilled his part 
 of a contract, for the redemption of which the good faith of the Government of the United 
 rttates is pledged by an officer thereof; but the whole transaction, as shown by the accom- 
 panying papers, appears to me of such a character that I shall not order payment of the 
 money to Mr. Cells, but refer all the papers to the department, for such action as they 
 may consider proper in the case. I have the honor to be &c. 
 
 R. B. MASON, Colonel 1st Dragoons Commanding. 
 To Gen. R. Jones, Washington City. 
 
 Headquarters 10th Military Department, 
 Monterey, Cala., June 21, 1847. 
 A claim has to-day been presented to me against the United States, of so extraordinary 
 a nature that I deem it proper to send it to you for the information of the Department. 
 
 You will perceive that it is for money borrowed at an enormous rate of interest by 
 Lieutenant Colonel Fremont from one Antonio Jose Cot, and, too, in the official (charac- 
 ter) of " governor" of California, when he knew that General Kearney, his superior and 
 commanding officer, was here in the country. 
 
 In the same manner, the Lieutenant Colonel gave orders and caused the collector of 
 r.ustoms at San Pedro to receive in payment of custom-house dues a large amount — say 
 about one thosand seven hundred dollars — of depreciated paper signed by individuals in 
 no way responsible to the government. 
 
 The object I now have in view is the request that Lieutenant Colonel Fremont may be 
 required to refund immediately the seventeen hundred dollars that the treasury of Califor- 
 nia has thus lost by his illegal order. 
 
 Iam,&c., R. B. MASON, 
 
 Col. 1st Dragoons commanding. 
 To Brig. General R. Jones, 
 
 Adj. Gen. U. S. Army, Washington city. 
 
 Translation of the original obligation given by Fremont to Cot, and now on file in the 
 
 Department. 
 
 Angeles, February 4, 1847, 
 I, the undersigned governor of California for the United States of North America, ac- 
 knowledge that I have reeeived from Don Antonio Jose Cot, merchant of this city, two 
 thousand dollars in hard cash, which he has furnished this government for the public ser^ 
 vice. And I bind myself, in the name of the United States Government, to return the 
 said sum within the term of two months from this date, paying for interest three per centi 
 per month, or oce hundred and twenty dollars. But if, at the expiration of this term, the 
 
13 
 
 ,s;ovcrnment should see fit still to make use of these two thousand dollars, Mr. Cotagrees 
 that the interest shall run for four months longer at two per cent, per month, or of one 
 hundred and sixty dollars for four months. And for the fnlfilment of what has beeu stip- 
 ulated, I bind myself, as governor of California, 
 
 For $2,000. J. C. FREMONT. 
 
 Angeles, February 10, 1848. 
 I hare furthermore received from the said Mr. Cot the sum of one thousand dollars in 
 the terms expressed above. 
 For $1,000 J. C. FREMONT. , 
 
 THE FRAUD UPON THE PEOPLE PROVEN. 
 
 The word Governor is italicized by us, and needs no further comment. From the first 
 invasion of California by the American troops, a large portion of the leading citizens of 
 California, among whom I may mention Don Pedro G. Corrillo, Don Jose Corrillo, Pedro- 
 rena, Cot, and Cells, welcomed our troops with open arms, and willingly furnished mate- 
 rial aid in establishing the supremacy of our flag in the El Dorado of the West. In con- 
 sequence of their sympathy in our success, any one professing to be the agents of our Gov- 
 ernment, could have obtained the last dollar that any of those gentlemen possessed ; hence 
 the facility by which " our Governor" was enabled to borrow this and other sums from 
 other individuals. 
 
 The claim of Don Cot was not allowed by the Treasury Department, and it was pre- 
 sented to the army board, organized under the 6th section of the appropriation act passed 
 August, 1852, who, on the 26th of January, 1854, recommended the allowance in full, 
 with two hundred and forty dollars additional for four months' interest at two per cent, 
 per month. Congress having made the necessary appropriations, the claim was allowed 
 by the accounting officers of the Treasury on the 31st October, 1854, and was paid on a 
 power of attorney from Cot to Corcoran & Riggs, into whose hands the claim had passed. 
 
 The board was induced to allow the claim, not on account of its legality, but from the 
 fact that Don Cot loaned tlie money believing that it was for the use of the Government 
 of the United States, and the board thought it unjust that he should be the victim of his. 
 own patriotism, though he must doubtless have suli'ered considerable loss in having it dis- 
 counted. Colonel Fremont was called upon, but being unwilling or unable (or at least 
 neglecting to do so) to show how the money thus borrowed by him was applied to the service 
 of the Government, it was charged to him upon the books of the Department, and has re- 
 mained wholly unaccounted for by him up to this time. On the 30th of January, 
 1856, a claim was allowed Colonel Fremont by the Secretary of the Treasury, and it was 
 placed to his credit upon the before mentioned debt against him, which, being deducted, 
 leave a balance of p, 986 51 of the $3,000 (and interest) still unaccounted for and stand- 
 ing against the " gallant" candidate for President on the books of the Department. It is 
 more than probable that the story current in California will account for the disbursement 
 of the money borrowed of Don Cot, which is, that it went to pay for the celebrated hum- 
 bug "Mariposa claim," of, and about which, so much has been said and written the past 
 four months. 
 
 [D.] 
 
 The undersigned certifies that the governor and commandant of this Territory, Mr. J. 
 C Fremont, finding himself short of resources for the support of the armed force which, 
 under his command, co-operated toward the pacification of the country, solicited from 
 various individuals a loan for the object indicated ; and the undersigned having been re- 
 quested, through the medium of Mr. Chas. Flugge, to furnish provisions and cash, the ac- 
 companying contract took place, the cash having been delivered immediately, without in- 
 terest, for the term of eight months, and the cattle were to be delivered when they might 
 be wanted ; it being understood that the terms of payment should run on from the day of 
 the contract, on account of the cattle being movable property which could not be con- 
 sumed in two or three months, and, besides, was augmenting daily, it chiefly consisting of 
 cows. It is likewise added that the contract was complied with on the part of the de- 
 clarant to the satisfaction of the " Governor," who, not having time to consume said cat- 
 tle on account of having received a superior order to deliver up the command and disband 
 the force, he ordered said cattle to be delivered to Mr. Abel Stearns, as I understand, in the 
 quality of a deposite, until the Government should dispose of them. 
 
 EULOJIO DE CELIS. 
 
 Angeles, July 8, 1847. 
 
 Accompanying the above document are the letters and certificates of Col. J. D. Ste- 
 venson, colonel commanding the southern military district ©f California ; Dr. S. C. F»s^ 
 
14 
 
 tor, at present. Mayor of Los Angeles ; J. M. Davidson, Lieutenant United States Army ; 
 A. J. Smith, lieutenant 1st dragoons ; W. G. Sherman, 3d artillery, and a number of 
 others, all tending to corroborate and establish the authenticity of the papers, which 1 
 omit on account of the space they would occupy. That there is evidence of intention on 
 the part of the " Governor," or Lieutenant Colonel Fremont, to defraud the Government, 
 must be clear to every unprejudiced person who reads the charges, and the opinion is 
 strengthened when it is known that the charges were known to Colonel — no, " Govtmor''^ 
 Freniont, and he has never made any effort to disprove them. Unless there was a con- 
 sciousness of guilt, would not any individual, however humble, have made an effort to ex- 
 plain or disprove the charges. The only effort on the part of Governor Fremont, that I 
 ever heard of, was threats, in "Washington City, to kill Governor Mason in California, 
 who, in laying the facts before the Department, was merely performing a duty which, as 
 an officer of the Government, he was sworn to perform." 
 
 As "Governor" Fremont is the candidate for the office of President of the United 
 States, his official acts are public property : if meritorious, they should be rewarded, and 
 if discreditable they should be made public. I intend to furnish additional proofs of the 
 skill of the "Governor" in financial affairs, though I fear they will only give him addi- 
 tional eclat with his party, a leader of which (Ford, of Ohio,) lately boasted in a speech 
 that "in case of a division of the Union, Ohio would steal all the negroes in the South." 
 That being a cardinal virtue with them, of course proof of fraud on the part of their can- 
 didate would only elevate him in their estimation. 
 
 At the date of the operations of Colonel Fremont, Brigadier General Kearney was the 
 only recognised Governor of California — that is by the Departments at Washington. 
 
 Gen. Kearney arrested Col. Fremont in August ; and he was arraigned before a court- 
 martial, composed of the ablest officers of the United States army, on the 27th Septem- 
 ber, 1847, at Washington city, to answer the following charges : 1st. Mutiny — 11 specifi- 
 cations. 2d. Disobedience of the lawful commands of his superior officers — 7 specifica- 
 tions. 3d. Conduct to the prejudice of good order and military discipline — 5 specifications. 
 The court on the 31st of January, 1848, found Col. Fremont guilty on each of the charges, 
 and every one of the specifications. On the 16th February, 1848, President Polk, in pur- 
 suance of the finding of the court-martial, dismissed Col. Fremont the service. The 
 charges made by General Mason, the successor of Kearney, were received too late, or 
 there would have been a fourth and a fifth charge, for fraud and peculation. A fitting 
 subject for a President! 
 
 N. B. — By reference to Executive Documents, 1st session 31st Congress, 1849 and 
 1850, volume 5, Document No. 17, pages 329 and 330, and pages 363 to 373 inclusive, it 
 will be seen that the cliarges contained in the above article were reported to the House 
 of Representatives on the 21st January, 1850, by President Z. Taylor, in answer to a res- 
 olution of the House of the 31st December, 1849. 
 
 From the facts cited in connection with the financial operations of Col. 
 Fremont, it would appear: 
 
 1. That he resisted the orders of the Federal Government, and usurped 
 the office of Governor of California. That he employed that office to bor- 
 row money upon the credit of the United iStates. That simultaneously 
 with the reception of a particular sum from that source, he purchased and 
 paid a similar sum for valuable private property. That he had no osten- 
 sible me ins of his own. That he has never accounted for the money re- 
 ceived from the United States. 
 
 2. That Colonel Fremont purchased a lot of cattle in the name and for 
 the use of the United States. That he acknowledged the receipt of these 
 cattle on the 26th May, 1847. That he then executed an obligation for 
 the value of the cattle. That the cattle were not delivered by the con- 
 tractor for two months after Colonel Fremont had acknowledged their de- 
 livery, and that then they were delivered to the agent of Colonel Fremont, 
 to be kept for his own use, and for another purpose. 
 
 3. That whilst the Government paid for these cattle, Colonel Fremont 
 never accounted for them, but kept them as his own. That he afterwards 
 sold the Government a part of its own cattle to feed the Indians, but that 
 the Indians got no part of the Government beef, except the offal, be- 
 
/ 
 
 15 
 
 cause the California miners finally eat the beef, and paid Colonel Fre- 
 mont for it. 
 
 ANOTHER BEEF CONTRACT. 
 
 The following letter from E. W. Barbour, Commissioner of California 
 Indians, will with the aid of a few italics, explain how Colonel Fremont 
 paid off the balance of $21,563.73, which had been standing for some 
 years against him on the books of the Treasury Department. 
 
 Extract from a communication of the 5th January, 1852, /roju G. W. Barbour, commissioner 
 for the Indians in California, to Hon. Luke Lea, Commissioner of Indian Affairs. 
 
 After separating with my colleagues, many proposals were made by different persons to 
 supply the amount of beef, &.C., necessary to carry out the treaties that had or might be 
 made by me. I invariably answered such propositions by an asturance that I had no direct au- 
 thority iomake such contracts. On the 25th of May 1 received from Col. J. C. Fremont a let- 
 ter, containing a proposition to supply beef, &c., a copy of which is herewith enclosed. 
 After consulting with some of the officers in command of tlje escort, and reflecting on what 
 had been done, and knowing as well as I did the necessity for something to be done to se- 
 cure the peace of the country, and save not only the lives |ind property of the citizens, but 
 the Indians from destruction, I determined on the 28th of May to make a conditional contract 
 ivith Fremont; but he having arrived in camp, I would make no contract with him until I had 
 shown to him my letter of appointment, instructions , &{c., assuring him at the time that I did 7iot 
 believe thatll was authorised by my instructions to make suchcontracts; and that if made at all, 
 they would not be paid until Congress passed upon them and provided a fund out of which 
 they could be paid, besides the approval or rejection of such contracts by your depart- 
 ment. After examining those papers, he professed al entire willingness to "take the 
 chances" under all the circumstances. I then addressed him a note, under date of the 
 28th of May, a copy of which I herewith enclose, concbding with him a conditional con- 
 tract, as you will perceive; of all which I in due time iiformed your department. 
 
 Colonel Fremont in a few days started for Los Angeos, in the vicinity of which place 
 he contemplated purchasing cattle to fulfil said contract. I afterwards met with him in 
 Los Angelos in the last days of June or the first of Julr, and informed him that I had re- 
 ceived a letter from Colonel McKee of the commissioj, in which he stated that only the 
 sum of ^25,000 had been appropriated for the object cf our mission, and that your de- 
 
 fartment had instructed the commissioners to make n<; further stipulations for feeding the 
 ndians during the year 1851 in any treaties that we night make after the receipt of that 
 letter. He, Colonel, Fremont, then went on to furnish hose tribes loith ivhom treaties had al- 
 ready been concluded with beef only, to the amount of the Irafts drawn by me on the Secretary of 
 the Interior, (say $183,825.) 
 
 After the delivery of a portion of the beef, Colone? Fremont called upon me, and re- 
 quested as a favor that I would draw on the Secretaryof the Interior three several drafts — 
 one for $5,000, one for $3,000, and one for$2,000 — toenable him to carry outhis contract. 
 / objected to doing so, telling him that I had no authority for so doing. He replied that he could 
 not get along without, unless at a great sacrifice; thi if the drafts were drawn, he had 
 friends who knew the difficulties in the way of the pobable honoring of the drafts, but 
 who would nevertheless aid him if it was put into tiat shape, knowing that if I drew the 
 drafts as desired by him, it would make no difference sofr as the government ivas concerned, in 
 the contract or transaction, and at the same time be ofessential service to him as he stated. 
 I consented, and drew accordingly. Subsequently, ind after the delivery of the remain- 
 der of the beef, I drew according to his (Colonel Fismont's) request, the other drafts on 
 the same department or officer. 
 
 In doing so, I knew I was acting without any direct aithority, and could only justify the 
 act by the pressing and urgent necessities of the case, an* in the absence of direct instructions. 
 
 From the letter it appears : 
 
 That Mr. Barbour refused " many propsals to supply the amount of 
 beef, &c.," because he had no direct authority to make such contract. 
 
 Yet he made a private contract with Colonel Fremont, without any 
 farther authority from the Department. 
 
 That Mr. Barbour made the contract wth Colonel Fremont because it 
 was necessary "to secure the peace of the country." 
 
 \ 
 
16 017 167 203 n 
 
 Yet the contract witli Colonel Fremont was not only made to feed the 
 Indians, but to supply them with "brood mares and brood cows." That 
 Mr. Barbour made this contract from the necessity of the case, and be- 
 cause he was unable to wait for the action of the Department. Yet the 
 contract runs through the years 1851 and 1852. 
 
 That Mr. Barbour contracted with Colonel Fremont because he con- 
 sidered him the only "responsible" bidder. Yet at the request of 
 Colonel Fremont he draws upon the Government for the full amount of 
 his contract, although he knew he was " acting without any direct 
 authority." 
 
 Col. Fremont, as in the cases of Col. Temple and Huttman, cornered 
 the Government ; the beef had been delivered upon the authority of an 
 Indian agent, who declared he had "no authority." The beef had been 
 eaten, and it had to be paid for. So the Government paid the account 
 of Col. Fremont, with interest to the 1st. August, 1854, amounting to 
 $242,036.25 
 
 Out of this beef account, created without warrant or authority, the 
 balance standing for yearf on the books of the Government, against Col. 
 Fremont, was deducted. 
 ■ Up to this date Col. Fremont had been technically a defaulter, and 
 but for that fortuitous and ludacious speculation, he might have continued 
 in arrears to the present day. 
 
 In this transaction the leading features of Col. Fremont's character are 
 obvious. A majority of the Indian commissioners are opposed to making 
 contracts to supply the Indims. Congress has cut down the application 
 made by the Indian Departnent for Indian supplies to $25,000. Col. 
 Fremont persuades one of tie commissioners to make the contract; and 
 although aware of the obstades and the want of authority, he agrees, in 
 the language of the commissoners, "to take the chances of being paid." 
 
 Having made the contract, he persuades the commissioners to do as he 
 had himself done in similar cises — to draw upon the Government without 
 authority. Although he had -epresented himself as perfectly responsible, 
 he now says thats^ihese draft; are necessary to enable him to carry out 
 his contract;'^;'''' ' 
 
 The whole transaction evintes a reckless and speculative nature, wholly 
 unfit for the representatives cf a constitutional government, and convey 
 imputations of personal rapadty utterly incompatible with the character 
 of an honest and honorable lation. We have stated these transactions 
 impartially and from the recorls. We shall offer no comments upon them. 
 We will not say that Col. Frenont borrowed money on the credit of the 
 United States to buy land and cattle for himself, but we will say, that the 
 inference is irresistible that he has done so. 
 
 It is difficult to anticipate vhether the mines of Mariposa will prove 
 the prolific source of wealth aiticipated by the sanguine proprietors, but 
 we must say, that if Col. Frenont will only work those mines to the same 
 advantage that he appears to lave worked Uncle Sam, his associates in 
 interest will have no reason to complain, but must realise very handsome 
 dividends upon their speculatioi. 
 
u u 
 
 Conservation Resources 
 
 V :_ t^wt^nS) Tiino I 
 
LIBRARY OF CONGRESS 
 
 017 167 203 A ^