The New York Herald Newspaper, October 30, 1849, Page 2

CALIFORNIA CLAIMS. ~ me The Controversy between Col. Benton, of the United States Senate, and Ex-Gov, Mason, of California, ON THE BILL TO . INDEMNIFY CERTAIN CALIFORNIANS, SUPPLIES TO COL. FREMONT. _ New York, Sept. 7, 1819. Jas. G. Bennett, editor of the NV. Y. Herald. 1s — i The original of the enclosed communication ‘was written on the day of its date, and sent, with the cooumpeny ing papers, to th ditors of the Alta California. One of the genie bert, whom I saw a short time aft Francisco, promised me to publish them, but the smallness of their sheet, as | understood, and the length of the documents, prevented their pablica~ tion before J left California, 1! herewith hand the copies to you, and request that they may appear in athe Herald. Tam, respectfully, Your obd’t serv’t, A. B. Mason. To the Editors of the Alta Catiforma. : Gentiemen:—Paul, the Apostle, concludes his epistle to the Romans in these words, *Written to the Romans from Corinthus, and sent by Phebe, servant of the Church.” Mr. Benton, borrowing from Paul, concludes his to the Californians witn, “Written at Washington City, and seat by Col. Fremont.” 7 % \ ¥ The apostolic forms in which this epistle is clothed, should exempt it from every root of bitter- ness, frem all hatred and malice, and present its benign author deeply imbued with that spirit of charity so eloquently commended by his great pre- decessor, “that charity, which ‘suflereth long and kind, which is not easily provoked, which vaunteth not ttself, is not puffed up, doth not behave itself unseemly.” But, unfor- Sere Mr. Benton loses his temper, and, with that, al!’ his apostolic He followed’in the footsteps of the holy apo no farther than to send his episule by the servant of his church. Upon this epistie, which appeared im your paper of the Ith | instant, 1 deem it preper to address you, with a | view to a publication in the Ala California, that | “the people of Calitornia” may judge between Mr. Benton and myself. Mr. Benton says that the | $700,000 bill, for the payment of the California | claims, ‘was balked in the committee of the | Hiouse of Representatives, by lies agaist Colonel Fremont, sent here by Colonel Mason and the | notorious Colonel Jonathan D. S.evenson. Seeing | that the bill was lost, a less sum, of $200,000, was | aguin passed by the Senate, to meet the most ur- gent, best ascertained claims; this was also lost in the House of Representatives, through the effect | of the same hes.” Mr. Benton does not say that the bills were defeated by lies, fabricated and wnitten by Colonel Stevenson and myself, but every reader will readily perceive that he designed to create such an impression, and also (es; ally in Califorma) that they were forwarded with a view to injure, if not to defeat, the California elai That 1 tay be correctly judged in re- fernce to what I have said concerning those claims, it 1s only necessary for me to publish an extract from my very first official letter to the Ad- jutant General, after assuming this country, dated June 18th, 1847; aod also an extract from a private one to the Secretary of War, of the 19h of the same month, in both of which L | urge in pining langoage the immediate payment of the claims. Here are the extracts:— (exrract.] Heanquvartexs Tentu Minrtary Dep't, Monrtgxer, Catironnia, June 18, 1347. (No. 14.) Su,—* sania ae a tive, and that is, the speedy payment of the various claims in California against the United States, created since the ho pa The claims are for horses and other property en, and supplies furnished for the use of the at were at the time hastily collected, as well as for the payment now due to the men them- selves, and the various other debts that were ne- cessarily contracted in carrying on operations. The troops thus hastily got together, were dis- the command ia | ting of our flag in this coun- | * There is | one subject that I desire to bring to the serious | consideration of the Sapernaet ane the Execu- | 'y | they are undignified and unproductive of der Col. Fremont, because his battalion had beea previously discharged—the fair and proper con- struction of the contract being, that the cattle were to be delivered at such times, and in such numbers, as the Commissary might require, to meet the wants of that battalion. I say, if those documents and certificates be fulse, or any of those accompanying the contract, which were transmitted with my let- ter of October 9h, to tue Adjutant General, 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 it was my duty to do, for the information of the government. But, notwithstanding all these certificates and receipts, the 119 head of eattle were not delivered to Mr. Stearns on the 7th July, 1847, as_his receipt of that date would seem to show ; that receipt was obtained by Celis giving his obligation to deliver the eattle at some future period, and the receipt was thus obtained, to mike good his chain of evidence, that he had completed the delivery of 600 head ef cattle to Col. Fremont’s agent, and thus strengthen his position in elauning his pay on the contract and certificate of Col. Fre- mout, to the amount of $6,975. So far from the contract having been tulfilled and complied with, and the ‘supplies furnished ” on the 26th of April, 1847, l very much doubt if to this very day, the contractor has completed his delivery. It_ is very certain he had not done so on the 7th July, 1817, ‘This is a feature in the transac. tion that I did not know when I forwarded the papers to the Adjutant General. It will be borne in mind in reading the appendix, that the “ supplies,” referred to in Col. Fremont’s cer- tificate No, 2, of the 26th of April, 1847, as having ly furnished for subsisting troops under nd, all of which had been previous! o| ed, are the identical same cattle tor whie! the contract was made, and which the two receipts rns, his agent, of a subsequent date, show ver been furnished at all. ‘This is the transaction and these are the docu- ments—the “lies ag. Col, Fremont”—whieh has brought upon me the ire of Mr. Benton, merely for being the proper channel through which the goverament was inade wcgaaiated with them; truly, there must be a paintul ** thorn in the King’s side,” if we judge from his eres. : Tam satisfied, and sueb is the general opinion of every man I have heard speak on the subject, that a bill, simply appropriat sum of money for the payment of the California claims, would have pass- ed Congress with little or no opposition, and that Mr. Benton hunself 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 yadgment upon his own acts. lL have, as is known to the chief of the military staffin this department, long since had applica- tions for copies of this cattle contract and certifi- cates for publication, and that I have as often re« fused them, saying, “as this affur came to me officially, I had officially forwarded the papers to Washington for the information of the govern- ment; there my busmess with the matter ended, and that I deemed a publication of them improper in the absence of Col, Fremont.” Mr. Benton's wanton attack now, justifies the publication, in warding off the blow he has aimed at me. If, 1n unraveling the skein of this contract, some curiously 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. Tam not so much of “an ignoramus” as Mr. Benton calls me, as to follow his ne by ban- dy img opprobrious epithets with him. They are as harmless to those to whom they are applied, as fi ood to 18 poor | those who apply them. No man rates | abilities and very limited acquirements at a more | humble rate than I do mine, and no man rates Mr. Benton’s higher than he does himself. I wonder if he ever read that proverb of Solomon’s, which | Says :—“* Seest thou a man wise in his own con- | ceit? there 1s more hope of a fool than of him.” B. Mason, Col. 1st Dragoons. R. Monterey, Cal., Jen. 31, 1849. APPENDIX I. Heapquarters, 10th Military Dep’t, (No. 15.) Monterey, Cal., June 21, 1847. a Sm :—An opportunity offering to San Francisco, I send off this letter, in the hopes that it will over- take my despatch to you of the 18th inst. at that place, and that both will reach you at the same | ume. A claim has been to-day presented to me against charged in April last, but from bad counsel or | some other cause, they refused to be mustered into the service under the volunteer acts of May and June, 1846, and therefore could not be paid by the oy ymasters at all. The claimants, Ratives an loud and and create a great deal of dissatisfaction and be feeling in the country towards our government; they charge it with a wart of good faith and vio- lation of promises, &c. their clams will do more towards reconciling the Cuiifornians to the change of flags, and be worth more to the United States, than ten times the money it would take to pay the debts. I would most earnestly recommend that some disinterested citizen, who is in no way interested in those claims, be appointed, with a secretary, to investigate and adjudicate upon all claims presented against the United States. Those upon which he puts a fa- vorable endorsement, authorize the disbursing officers—who should be supplied with ample funds —to pay atonce. Many of these claims, perhaps a great majority of them, are only evidenced by the receipt or cer- tificate given for the property taken, or the amount ec : ut who were sent out by the authority of the land or naval commander at the time, to collect horses, saddles, &c., &c.; and [ believe all the claims ot the officers and men of the late California battalion of volunteers are evidenced by due bills, given and signed by the pay and quarter-master of that corps; and a Mg 4 great many claimants assert, and | believe truly, that their property was taken, and no receipt or certificate given, Treasury drafts, or drafts of diabur: are here twenty percent below par. ove these claims—pay them off—and the disbursing «fficers can obtain money here for their drafts at par, and the people will become reconciled and satisfied. lam, respectfully, your obedient servant, Signed) R. B. Mason, Col. Ist Drag. Com’g. Bng. Gen. R. Jonge, Adj. Gen. U.S. A., Wash- ington, D. C. « officers, [exrract.] Mowrerey, Cativornta, June 19, 1347. My Dear Sia:— . . * * * . loreigners, are loud and eet b= | A speedy payment of | me hed persons not in the service of the United | es, . There are claime to a large amount, in Califor- | Bia, against the United States, for horses and pro- rty taken during the continuance of hostilities ere, which cannot too soon be paid off. Many of them are, doubtless, exorbitant, and others entire- ly unjust; but never mind, pay them off promptly, and it will do more to quiet the Californians, and reconcile them to the change of government, than all things else combined; and it will be worth more to the United States than ten times the amount it | will take to pay them. * ‘ . . * . lam, with great respect and esteem, Your friend and obedient servant, f I. BL Mason. Hon. W. L. Marcy, Washington City. In one of those letters, I committed, in Mr. Ben- ton’s eyes, the enormous sin of recommending that the commissioner to be appointed should be “in no way interested in those claims.” If that recom- mendation was to be adopted, it wholly cut off his son-in-law, Col. Fremont, from being commissioner! Such asin, such an awful sin can never be forgiven or forgotten by Mr. Benton, as his son-in-law cer- tainly was and i#interested in the settlement and final disposition of own contracting. Colonel Fremont he ‘hes thi * as Mr. I sent against the United States, of so extraordinary a nature, that I deem it proper to send it to you for the in- formation of the department. You will pereeive itis for money borrowed at an enormous rate of interest, by Lt. Col. Fremont, from one Antonio José Cot; and that, toc, 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 $1,700, of dep ciated paper, signed by individuals no way responsible to the government. Gen. Kearny has gone home, prepared to lay all the facts attending that trans- action before the War Department. The object I now have in view, is to request, that Lt. Colonel Fremont may be required to refund immediately the seventeen hundred dollars that the treasury of Calitoraia has thus lost by his illegal order. e money is wanted to defray the expenses of the civil department in this country. Tam respectfully, your ob’t servant, KR. B. Mason, Col. Ist Dragoons, Com’g. Brig. Gen. R. Jonrs, Adj. Gen. U.S. A., Washington, D. C. APPENDIX U1. Heanquarrens, 10th Military Dept. [No. 21} Monterey, Cal. Oct. 9, 1847. Srm—I have the honor herewith to enclose to you the papers relating toa certain contract enter- ed into on the 3d day of March, 1847, by Lieut. Col. Fremont, Mounted Kitlemen, with a Don Eulogio de Celis, a resident of the Cuidad de low Angelos, California, but professing 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, 18-7, that the contract had been com- pled with on the part of Don Eulogio de Celis, and | that he Col. Fremont, had executed in payment to him a note for the sum of six thousand nine hun- dred and seventy-five dollars. Lieut. Col. Fre- mont left California in the month of June, 1817, giving no notice to General Kearny or = self of the existence of such a contract, or that he had pledged the faith of his government for the redemp- tion of it by the payment of tae sum of $6,975, nor had I the least :dea ef this obligation until applied to by Col. Stevenson, in his letter marked 1, whether Lwould recognise the contract and re- deem the bond at maturity, this letter was aceom- panied by these marked A, B,C, D, E, and F, which show that in fact, notwithstanding this cer- tifieate of Lieut. Col. Fremont, Mr. Celis never de- livered to the Commissary of the California bat- talion one single head of beet cattle uader the cen- tract, and that notone of these six hundred were slaughtered for the use of that battalion, but on the contrary, they have been delivered toa Mr. Stearns, | of Los Angelos, in two parcels, one of four huadre | and eighty-one, on the Ist day of May, and another pee claims, and debts of his | Benton calls them, must | have been transmitted in one of three letters which | I wrote to the Adjutant General, for in no others, to | any person in the States, have [ ever written one word, or forwarded any accusation against Colonel | Fremont, They are dated June 2lst, November 12th, and October 9th, 1847. In that of June 2tst, 1 forwarded a bent ge ys ag by Antonio Jose Cot, for money borrowed of him by Colonel Fremont, and asking that Colonel Fremont might be re: d to refund certain moneys. (See Appendix that of the 12th of November, I simply forwarded. without comment or remark, complaint against Colonel Fremont, from the Vice Consul of Spain, for imprisoning a Spanish sub- ject. In that of October 9th, I forwarded a certain contract made by Colonel Fremont with Don Eulo- gio de Celis, for six hundred beef cattle, on account of thet d States, together with certain certifi- cates, re , &e., We. (See Appendix IL.) Now, af this cattle contract, made March 3d, 847, bi Colonel Fremont, for supplying his battahon wit! beef, and his official certificate dated April 26th, thereon, certifying that Don Lulogio obligation of the contract ber of cattle specified ; if, on the same day, Apnil 26, he gave Celis a separate note, ce that there was due to him from the United delivering the num- be 1 Goll lower.) and toons teetion be the ix hundred ‘enti eoatracted fory ted it out, that at the fate of those two certian, the'comrict had ot been fu as to, he cattle not delivered, the “aupplies ” not fur- aished, for subsisting of troope in the service un- n original letter of | the contractor, had complied with the | of one hundred and nineteen, on the 6th day of July, 1847, both of which dates are subsequent to the discharge of the California battalion command: ed by Lieut. Col. Fremont. There is no doubt but these cattle are the same six hundred contracted tor by Lieut. Col. Fremont, on the 3d of Mareh, 1847. Mr. Celis states it positively in his letter marked D, and the receipts tor them by Stearns, marked B and F, specially state that he, Stearns, receipts for them in the name and behalf of Lieut. Col. Fremont. These deliveries occurred at the time when a garrison was stati dat Los Ange- los, with a commissioned agent of the Commissary Departinent of the army, Lieut. Davidson, to take charge of any subsistence st intended tor pab- lic use; yet these cattle, furnished by for- mal contract, are ered to @ private individ upon a special agreement, (as he, ,» says) to breed on shares, for a term of three years. have endeavored to procure from Mr. Stearns a copy of the agreement he has made with Lieatenant-Colonel Fremont, for taking care of these cattle; but his letters marked 7 and 10, po. assert that he regards these cattle as ihe private property of | Lieutenant-Colonel Fremont, and that the agree- ment by which he holde them 1 a verbal one, wit- nessed by a Mr. Hensley, Midshipman Wilson, d atenant Gillespie, U. 8. Marines. Midship- ison has endorsed on the paper 10, that he knows nothing of it; and the other two gentleme have gone to the United States with Commodore Stockton, and cannot be referred to by me. Thus stand the facts, and | am applied to, to know whe- ther ene will be made upon the paper marked 2, whle 1s a certificate that th mo} 975 19 due Mr. i, for supplies furnished the Califor- nia Battalion, which supplies are plainly the lot of | Colonel Fremont na ands of @ hundred breeding cows, now in the individual, not one of which has lie pu . This note becomes di 18th day of December, 1847, and bears an interest of twenty-four per centum per annum after that date. In connection with this subject, | call your attention to the paper marked 3, wherein Lieut.- bound himself and fature Governors of California, to pay the sum of $2,500 at the expiration of months from the date, March 3, 1847, o: de uit thereof, that the note shall bear an interest of 24 per cent num. This, too, when an Acting Assistant Quartermas- ter, at Monterey, had been more than a month in the country, with a supply of m applicable to Sapreper ex) p> rm f the uny in ey n states ** that it partly to secure this of money, that Lieutenant C 1 Fremont made with him the liberal bargain for cattle, fas wine the price is about 40 per cent higher than the mar- ket Lived he ‘ume.’ Both these notes are soon due, and Mr. Celis is going to make application for payment, he claims to have fulfilled his part of the contract, for the redemption of Mim, the good faith of the government al the United States is pledged by an er f; but the whole transaction, as shown by the accompanying papers, appears to me of such a character that [shall not order payment of the money to Mr. Celis, but re- fer all the papers to the department, tor such action as they may consider proper in the case. I have the honor to be, your chethont servant, . B. Mason, Col, Ist Dragoons, Com’g. Brig. Gen. R. Jones, Adj. Gen. U. 8. Army, Washington, D. C. (A) cory. ie ‘This article of. Pa a a and entered into this third day of March, in the year eighteen hun- dred and forty-seven, by and between Eulogio de Celis, a resident of the City de los Angeles, capital of Upper Calitornia, of the first part, and J. C. Fre- mont, Governor of California, and legal represen- tative of the government of the United States of North America, of the second part, witnesseth: That the said Eulogio de Celis has sold to J. C. Fremont, Governor of California aforesaid, a lot of six hundred head of cattle, of good meichantable kind, and suitable for beef, to be delivered to the commissary of the troops under the immediate command of Governor Fremont, in number corres- ponding with the requisition of the commissary; and the gaid Governor Fremont binds himself and his successors in office to pay to said Kulogio de Celis, his heirs, executors, administrators or as- signs, at the expiration of eight months, the sum of six thousand dollars, without defalcation. It is expressly understood between the avove contract- ing parties, that if said Eulogio de Celis fails to de- liver good merchantable cattle, when required to do so by the commussar,, that the contract is to be considered null and void by the said Governor Fremont, ke paying to Eulogio de Celis ten dollars per head for the nuinber delivered; and it is further understood, that the hides of the above cattle are to be delivered, on application, to the said Eulogio de Celis, to whom they belong, according to agree- ment. In testimony of tre above, the said parties have hereunto set their hand, and affixed their seals, at the City de los Angelos, the capital of California, the day and year before written. (Signed) Evioaio pe Cenis. (Seal) (Signed) J.C, Frevonr, (Seal.) z Governor of California. Signed in the presence of Wa. H. Russet, Secretary of State. Ido bareby certify, that Don Eulogio de Celis has complied to the within obligation and contract, on his part, by delivering the number of eattle specified, Angelos, April 26th, 1547, and in pay- ment of them, I have this day executed to said Celis Bg note for the sum of s1x thousand nine hundred and sireuyive dollars, including the hides of the full number of cattle. (Signed) J.C. Fremont, Lieut. Col. U.S. A. I hereby certify the above to be a true and faith- ful copy of the ‘contract between J. C. Fremont, Governor of California, and Enulogio ‘de Celis, and of the certificate of Lt. Col. Fremont, U.S. A., of said Celis’s completion or faithful fulfilment of the aforesaid contract. (Signed) A. J. Ssnrn, Lt. Ist Dragoons, U. 8. A. “Date of copy,” Los Angelos, Caliiornia, June 17, 1847. (B.) [1RaNsLaTION ] Thave received trom Don Eulogio de Celis, tour hundred and eighty-one head of cattle ou accouat J.C. Fremont, Lt. Colonel of the army of nited States, which cattle exists in my pos- n. (Signed,) Ave. Srearns. S47. session. AncELos, May Ist, 481 head ot cattle. (C.) Heanqvarrens 8. Minir’y Dis, Carir’a , ” Ciwpap pe 108 ANGELos, 7 June, 1847.* Sr :— It 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. 8. Govern- ment, by Lt. Col. Fremont, and delivered by his authority to Abel Stearns, Isq., of this place, 1 have to request that you will, at the earliest mo- ment, possess yourself” of all the facts and circum- stances of the case, with a view to recover the property, if it legally belongs to the Government of the Unies ootweat ik bedi ery respectfully, your obedient servant, (Signed ue veNsox, Col Comdg. Lt. J. W. Davinson, A. A. Qr. Master. * Itis ht that this date shoald be 17th June, and not the 7th, which is supposed to be aa error in ing. TRANSLATION—the rig being in Spanish. } 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 bis command, co- operated towards the pacification of the country, solicited from various individuals a loan for the object indicated, and the undersigned having been requested, through the medium of Mr. Charles Fluque, to ivrnish provisions and cash, the accom- pany ing contract took place, the cash having been delivered immediately without interest for the term of eight months, and the cattle was to be de- livered when it might be wanted, it being under- stood that the term of payment should rua on from the day of the contract, on aceount of the cattle being ‘movable property, which could noi be con- sumed in two nor three months, and, besides, was augmenting daily, it consisting chiefly of cows. t is likewuse added, that the contract was com- plied with on the part of the declarant, to the satis faction of the Governor, who, not having time to consume the cattle, on account of having received & superjor order to deliver up the command and disband the force, he ordered said cattle to be de- livered to Mr. Abel Stearns, as | understood, in the coat of a deposit, until the government should ispose of it. (Signed) ULOGLO DE CELIS. Anouios, 8th July, 147. ‘ (E) Eight months after date, 1, J.C. Fremont, Gov- ernor of California, and thereby the legal agent of the government of the United States of North America, in consideration ot the sam of two thousand five hundred dollars being loaned or ad~ vanced to for the benefit of the said govern- ment of the United States, by Eulogio de Celis, do hereby promise and oblige myself, in my feduciary character as Governor aforesaid, and my succes in office, to pay to said Eulogio de Celis, his hi executors, administrators or assigns, the aforesaid sum of two thousand five hundred dol- lars, without defaleation. agreed and understood, that if the aforesaid two thousand five hundred doliars is not paid on or before maturity, that it is to draw inte- Testat the rate of two per cent per month, from the time it falls due. be leery id whereof, 1 have hereunto set my a and have caused the seal ef the territory to atthe eity De los Angelos, the capital » this third dey of March, in the year eighteen hundred and forty-seven. (Signed) J. ©. Fremont, pyrene of Califorma. True copy of the original. (Signed) 8. C.Fostes. (F.) , CPRANSLATION.] l have received from Don Eulogio de Celis, one hundred and nineteen head of catile, on account Mr. J. ©. Fremont, Lieut. Colonel of the army of the United States, and said cattle remains in mf possession according to egreement. (Bigned ABEL Srearns. Axortos, July 7, 1847. 119 head of cattle. This is to certify, that there is due from the United States to Don a de Celis, the sum of eix thousand nine hund: and seventy-five dol- lers, oa account of supphes furnished by him for subsisting United States troops in service in this territory and under my command. . 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 the term ofeight months from the 18th day of April, 1847, until paid. (Signed) J.C. Frrnonr, Lieut. Colonel U.S. A. Avxarros, California, April 26, 1847. _ J certify that the above 18 a true copy of the cer- tificate held by Don Eulogio de Ce’ At Mon- terey, California, August 26, 1847. (Signed) Ww. T. Suerman, Ist Lieut. 3d Artillery. (No. 1 Heapqvanters, Sovrnenn Mitrrary Disraict, (California,) Cradad de los lageloe, July 12, 184 Coronet—On the 17th of June, A. A. Quarter. master Davidson called on me, with a resident of this place, named Celis, who had exhibited to him a contract made with Lieutenant-Colonel Fremont for the delivery of 600 head of beet cattle, and inquired whether the government would re- cognise the contract and pay the bond at maturity. The A. A. Quartermaster deeming it proper to con- sult me, called with Mr. Celis, after exhibiting sugh papers on the sulject as he had in hie posses. sion. I requested that he would furnish the Quar- termaster with copies, and give him all the infor+ matton in his power as to the disposition that was made of the cattle, and, in short, every species of intormation, as well in relation to the cattle as to the causes that led to the original contract; and that the A. A. Quartermaster might act officially, I addressed him an offical letter, requiring him to make all necessary inquiries, yd e result tome. On the 6th, I received jim the papers marked A and Bi, ther with a copy of m communication to ime (C). Ihave sines obtained and forwarded, with the others, the statement of Celis (a D,) ot all particulars connected with the contract, ogeeery with a copy of the note iven by Lieutenant-Colonel Fremont (marked E) jor $2,500, leaned him by Celis, to obtain which the contract for the euttle was undoubtedly made. This matter, in my judgment, clearly shows the whole wansaction to have been unjustifiable, and calculated to defraud the government, although such may not have been the intention of the go- vernment officer who made the contract. The whole is respectfully submitted for your ba ry b full have the honor to be, very respectfully, Your obedient servant, (Signed) . J.D. SrEvENSON, Colonel, commading South Military District, Col. . B. Mason, California. Governor of Calitornia. N. B. Since writing the above, I have received from Mr. Celis an additional receipt given him by Stearns (marked F) for 119 head of cattle, making the delivery of the 600 complete on the 7th July; whereas, the certificate of Colonel Fremont that the contract is complied with bears, dute April 26, yea7. (Signed) J.D. Stevenson, July 14, 1847. Colonel. (No. 4.) Heavquarters, S. M. District, Cararornta, Ciudad de Los Angelos, Aug 11, 1817. Coroner—Enclosed you will receive the transla- tion of Celis’s communication in relatioa to the contract with Lt, Col. Fremont for beef cattle. I learn trom Dr. Foster, the interpreter here, that in conversation with Celis, the day before he left here for Monterey, Celis stated that he should place the notes in the hands of some person at Mon- terey, to be presented at maturity to the successor of Gov. Fremont, and if they were not paid, have them protested and forwarded to the Spanish min- ister at Washington, to be presented by him either atthe wer o¢ treasury offices for payment. Mr. Stearns 1s still at his ranche, some 25 miles from here. I shall write him immediately, and if there is no probability of his returaing here in time to forward his answer to you bynext mail, | will send some person down to deliver the letter and get his answer. Lalso enclose you the receipts for two ensigns forwarded by the U. 8. ship Lexington. Ihave the honor to be, very respectfully, , Your obedient servant, (Signed,) J.D. Srevenson,, Col. Comd’g 8. M. District, California. Col. R. B. Mason, Ist U. 8. Dragoons, Governor of California. . [rransration.] The undersigned hereby certities that J. C. Fre- mont, Governor and commaader of this territory, finding himself searce of funds for the support of the armed force that under his command was co- operating in the pacification of the country, solicit. ed aloan from various individuals for the end aforesaid. The declarant also states that being so- heited, through Mr. ©. Flaque, to furnish provi- sions and money, the subjoined contract was enter- ed into. The money being delivered at the mo- ment without interest, for eight months, and the cattle to be delivered as they should be needed—it being understood that the maturing of the note to be counted from the date of the contract, from the fact that the cattle were productive property, and could not be consumed in two or three months, be- sides (taking mto consideration) their daily in- crease, they being neatly all cows. In addition (he said) the said contract was com- pled withon the part of the declarant to the satis- faction of the Governor, who not having time to consume said cattle, he having received order from his superior to resign his command and disband his forces, ordered that said cattle should be deliv- ered to Abel Stearns, (as he understood,) to be by him held in trust to await the disposition of govern- ment. ei Evoaio ve CEuis. Anortos, July 8, 1817. A true translation of original, . (Signed) S. C. Fosrer, Interpreter. This paper is the same as that which follows that one marked D, being the translation of Celis’s state- ment. (Signed) | W.. 'T. Seeman, Ist Lieut. 3d Artillery, A. A. A. Gen. (No. 5) Heanqvarters 8. M., Dist. Carirornia, Ciudad de los Angelos, Aug. 12, 1847. Coronsi--I have the honor to enclose youa copy of my note to Mr. Stearns, making the in- quicy relative to the cattle he holds, as per re- ceipts in, your possession. I also enclose his an- swer, which you will perceive I have certified to as being the original. bs _ Very resp’y, your obedient servant, (Signed) . D. Stevenson, Col. Com’g 8. M. Dist. Col. R. B. Mason, Ist U. 8. Dragoons, Governor of Californ (No. be Heavqvarters 8. M_., Dist. Cattrornia, Ciudad de los Angelos, Aug. 1, 1847. Sin—Don Eulogio de Celis, ot this cidad, pre- sented to me ,in the month of June last, a contract made between himself and Lieut. Fremont, for six hundred head of beef cattle, together with certain evidences of the fulfilmeut of his part of the contract, at the same time inquiring whether pay- ment for said cattle would be made by the Quar- termaster of this post, or any other person, at the tume stipulated in the contract. i immediate} forwarded a certified copy of the contract and all the accompanying papers to Col. Mason, Military Commander and Governor of California, the only person, in my judgment, who could proverly an- ewer the inquiry of Mv. Celis. Among the voue ers presented by Celis and torwarded to Col. M son, were two receipts of yours for 600 head of The last mail brought me a reply from Col. Mason to my communication accompanying said docements, directing me to make the follow- ing inquiry of you, to which I will thank you for an answer at your earliest convenience. [extract } Heapqvanters l0ru Micitary Dee'r, _ Santa Barbara, Aug. 1, 1817, “ You will inquire of Mr. Stearns what cattle these are he holds, by what tenure he holds them, whether he considers them bis own property, that of Lient. Col. Fremont, or that of the United States.” have the honor to be, Very respectfully, yourob’t sery’t, (Signed) J.D. Stevenson, Col. Comd’g 8. M. District. Ave. Strarxs, Esq. (No. 7.) ‘Axarios, August 12, 1847. Dear Sin—In reply to your official letter of yes- terday, | would observe, that [ hold in my posses- sion six hundred head of cattle (the major part breeding cows), received from Don Lulogio de Celis, on account of Lt. Col. J. C. Fremont. Lhold 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 ef in- crease, excepting such as may be lost in any way whatever, and not for want jof care oa my part. leonsider the cattle as the private property of Lt. Col. Fremont, not being lanrocted by him to the contrary. Ihave the honor to be, . _ Your very obedient servant, (Signed) Aw Col. J. D. Simvenson, Com’g South California. (No. 8.) , Heapquarrers, 8. M. District, Ciudad de los Angelos, . 17, S47. Si—The mail of this morning brought mea a trom Col. R. B. Mason, Governor , relative to the eattle received by you e requires further in- e you herewith aa i : tion, and request that you will farnish me with an answer at your earliest convenience, communica’ | the ‘information You possess upon the points reterred to by him. Respecttully, your obedient servant, (Signed) J. D. Stevenson, A. Stearns, Esq. Col. Comd’g 8. M. Dis’t. Herangvanrens, Oru Minrrany Derr. Monterey, Cebfor Sept. 7, 1847. Sin—Your report on the ownership of a lot of cattle delivered by Don E. Celis to Mr. Stearns, of Los Angelos, in May and July last, has also been received, together wiih the original letter of said Stearns to you ing that he holds the le ferred to for a j agreement with eae perty of Lieut. Col. Fremoni It the egreement to which Mr. Stearns refers be in writing, please procure an authenticated copy of it, or if it be a mere verbal agreement, witnessed by disinterested persons, then cause Mr. Stearns to furnish you with such evidence as would prove hie a to the trust he claims, before a competent court. Col. Mason considers this Lieut. Col. Fremont and Mr. Stearns of impor- tance, and wishes you to procure the papers and evidence above referred to, and send them here by the return of mail. I have the honor to be, Your obedient servant, ement between (Signed) : Ww. Ist Lieut. 3d Artillery, A. Cel. J. D. Stevenson, 7th Regt teers, Los Angelos, California. (No. 9) Heanquarrens Sovrm Mri. Derr. Can. Cindad de los Angelos, Sept 21, 1849. Sir— Pursuant to instructions, | called upon Mr. Stearns for the is of his cattle contract with Lievtenant Colonel Fremont. I have the honor to enclose a copy of my communication to him, to- gether wih his answer, which | have certified to the original document handed me by Stearns himself. vi toyeenss 's 3 Ey) our obt. servt. (Senet) J. D. Stevenson, Col. Commanding 8. Mili District. Of B. Mason, Ist Dragoces, Tnor (No. 10.) Anarios, Sept. 20, 1847. Sm—I have the honor to acknowledge the re- ceipt of your official note of the 17th inst., with an extract ‘of an official letter to you from W. T. rman, A. A.A. General, requiring from me further information relative to a contract by whi-h hold a certain lot of cattle received from Don E. Celis, for account of Lieut.-Colonel J. C. Fre- mont, and whether I have a written contract or a verbal one; if the latter, to furnish you with the evidence to grove the right to my trust. In answer to which I have to ebserve, that I hold the cattle ue verbal contract, witness to the same Mr. Samuel lensely, Captain in the late California battalion, to whom | refer you particularly. He resides near Nueva Helvecia. Also Midshipman Joha R. Wil- son and Lieut. Ant. H. Gillespie, U. 8. Marines. Both, | think, were present, ‘and knowing to the contract. the abeve named gentlemen are not here, I cannot furnish you with their certificates relative to the contract, Very respectfully, Your obedient servant, <q) Asex Srearns. Ls . STEVENSON, Commanding 8. M. Distriet. I certify the foregoing to be an original docu- ment handed me by Abel Stearns, on the 20th inst., as an answer to a note from me dated 17th Sep- tember, 1817, calling upon him for certain infor- mation relating to a_cattle contract between him- self and Lieut.-Col. Fremont, of the U. 8. Army. (Signed) J. D. STEVENSON, Col, Commanding 8. M.D. Los AnGELos, Cauirornia, Sept. 21, 1517. Monrerey, Oct. 9, 1847, Having been referred to as a witness in relation to a contract between Lieut.-Col. Fremont and Mr. Abel Stearns, | have to state that I have no recollection ,of being present when the verbal agreement was made, but that [ possessed at the time some knowledge of a contract existing ‘What the nature of it was lam now unable to say. (Signed) J. B. Witson, Mid. U § Cor The Entrance into the Columbia River, Oregon. Extract of a letter from an officer of the Ist Regiment of U. S. Artillery, on the Oregon expe- dition. U.S. Sreamsulr Massacuvserrs, May 10, 1849. At anchor off Asrorta. At length we have reached the long wished for haven, the far famed Columbia—the terrible bar 1s passed, and we are at anchor fifteen miles beyond the danger which we have dreaded the whole voyage, and through which we have so lately passed. We arrived off the river day before yes- terday, and the sight which we then saw was suf- ficent to try the nerves of the most daring sailors. From point to point, there was one continuous line of breakers, and of such immense height and force, that should a ship once touch bottom on the bar, no earthly power could rescue it from almost im- mediate destruction ; and boats would have been lowered alongside, only to have been instantly swamped; and as for saving lives and property from inevitable destruction, the idea would have beea preposterous. However, we stood in at 11 A. M., and some two hundred yards on the other side, the ship commenced rolling very heavily, and the pros- pect was appalling; the captain, sensible of his awful responsibility, turned to the Major, and said, “ What do you think?” Nothing dauated, the Major told him to go ahead if he thought proper. We then went on about twenty yards more, when the command came to Fo about, and the orders went to the engineer to let on all steam; the en- gine acted nobly, and worked turiously. Around we came, the Captain telling us that his “ courage oozed out at the elbow, but we would eat dinner and try it again.” We fired our cannons again and again, but no pilot came ; our colors and sig- nals were hoisted, but were of no avail. Again we tried it, and sent a life-boat ahead sounding, and with direcuons, when they fouad the channel across the bar, to wave the colors ; the sea was so high, that the little life-boat could only be seen from the mast-head, and then seemed to be stand- ing upon one end; soon, however, we colors waving, and then let onall steam, and through a set of breakers, which made the ship roll worse than our severest stormsat sea. Atthis time we had passed the boat, and she, poor little thing, could hardly stem the ude, and with am ex- hausted crew, was drifung out to sea. Oh, what a dilemma for the Captain! It was as much as the ship was werth to stop—but, if we went on until we reached smooth water, it was doubtful whether the boat would ever reach us; but, stop we did, and threw the boata rope, and towed her up to Baker’s Bay, where we anchored, and passed the night as quietly as we had the day in anxiety. This morning we came up here, and went aground several times; but the water was smooth in the bay, and we got off without difficulty or harm. Here we have apes a pilot, and start for Fort Vancouver in the morning. Thanks to an all wise Providence, our dangers upon the water are . and I trust the same protecting hand will be ex- tended over us, and guide us through the dangers yet to come. The Empire of Hayti. iy the Kingston (Ja.) Journal, Oct. 20) All the Secretaries, Commissaires, Gendarmes, and Espions of the President. Soulouque, now ‘austin the First of the Haytien Em ire,” have found themselves suddenly trans- formed into as many illustrious limbs of no- bility. The thing is so sublimely ridiculous, that were it not for the authentic accounts which have reached this island of the undeniable fact that Soulouque has abjured the republican form ot government, and has made himself ee, we should have treated the following decree concerning the nomination of miuisters as a de- signed hoax upon the public, The triends of M Schalcher, those who countenanced the mas sacre of their brethren, are receiving duchies and principalities in recompense of their zeal and their devotion to the theories of their substitution. Regular tyranny has made way for organized terror; after so much of massacre and killing, liberty must in its turn be strangled. They com menced with the substitution, they end by op- pression; this must be, and it will ever be. “Sub- joined is a copy of the official decree of the Em- peror, conferring the several dignities upon his late officers :— LIBERTY DECKER CO! ¥. MPIRE OF MAYTI!—RQUALITY! NING THE NOMINATION OF MINISTERS, by the grace of God and the con- ro jayti, sends greeting to all bow resolves te name, an’ —Lieutenant General ufreme, Duke of Ti mo, Grand Marshall of the Empire, Grand Cross of the Imperial and Military Order of St Faustin, Grand Cordon of the Imperial Order of the Legion of Honor. Minister of Justice— Monsieur de Jean B'te Fran- of Limbe, Grand Cordon of the Imperial f the Legion of Honor. Minister of Finance—Colonel Louis Ene Fi lomon, Duke of St. 1 the Imperial and Cordon of th , LIST OF CREATED PRINCES AND DURES, His Serene Highness Monselgneur de Jean Louls Pierot, Prince of the Empire, G.and Marshal of the Empire, Grand Cross of the imperial and Mili Order of St. in, Grand Cordon of the Im 1 Lazari, Prince Empire, ke., &e, pire. pe His Serene Highness Mouse! ax de Bobo, Prince of Cape Hayti, Grand Marsbal the Empire, &e., &o, Commander of the Provinee of the North Serene Highness Moneeigneur de A. Sauffrant, of Jacwel, Grand Marshal of the Empire, ke, &e , Commander of the Provinoe of the West, penes, iis Grace M de Louls du Frene, Duke of Tiburon, Grand Marshal of the Empire, &e., ke., Mi- Dieter of War end Marine His Grace Monevigneur de Jean Louis Dellogarde, Duke of 8t. Leute the North, Se. &e , Commander %, Ms First Military Division of the Province of the en Grace Monseigneor de i. faut, Duke of Morin, lain of the uperor. de Chas. Alerte, Dake of Pe- the Emperor's Staff of Honor, of the Arm His Grace Monreigneur de Jean Ph Auguste, Duke bby ua &e, &e, Inepector-General of the Troops of ye bm pire. Fifty-three other Graces complete the list, The Emperor has also decreed the Imperial Crown as hereditary, as also all its perquisites, titles, &e. The Imperial potency ranges as far as th t, for there are Dukes of places of the Do- minicen territory. France must now hide her di- minished head, and all Europe bow in becoming homage to His Imperial Majesty of the Occident. The following letter, which we copy from a pa- per before us, is said to have been written by one of the proscribed, whose name 1s withheld, since to mention it would be to call down upon his head or =. the members of his family vengeance and murder :— You must have learned that since the early of Jast month. Soulou jue, resuming the courre of his ca- pital exeentions, bas d ‘8 new series of victims to the last pain. Amongst these ts one of the most able and intelligent men of the cou excellent friend, Limeelf crowned Emperor of Haytl, under the Faustin the First. At the date of the latest ad 7th Septrmber, the entire solicitudes of government was he zation of an Im) Court jos will not be eball Very toon be euabted so plant menclature of marquisses, counts, barons, bpm 3 juires, cup-bearere, masters of the peutry, ofloers the bed-chamber, &c. Ail this will compose the most “ee a6 well as the most inter- sting Cin rent 8 it was necessary to give an appearance ya Ly to this ignoble pa es thal soneussense the became indispensable. ‘To obtain already boone, into a forward became im) id the alarm can- and it was under the | eco of the cannon ball and the onet that the Senate and the Chamber of Representatives had to deliberate on the question of the transformation of the republic into ap empire, a question brought torward under the ferm of a petition by some of the trusty. An affirmative vote came to band. The feeling of personal tafety prevailed over the wholesomeness of principle, aud a new Christophian era opens for this unate country. What impression will this event—which, notwith- standing its burlesque side, still bears a character of undeniable gravity—produce on the spirits of the sans ewlottes Seheleher? How will he—the Red Republi- can, the Model Republican—explain the aristocratic propensities of bis svidisene proteges of Hayti—of those ‘who undeniably move uader his inspirations? Will it, after this, be permitted him to recreate himself in the rusal of his famous chapter’ on the yellow faotion ?? His, Texpect, will be a rmuct in the face to this contemuner of the men of that hue—in useless coating, according to him, overlaid by fatality on the ground of crestion. The wretch! he caunot remain long without being completely laid bare. Justice, though tardy, at last the criminal. to inform you, that that flesh-of-the-flesh and bene-of-the bone of Schwicher, Salomon—the Jef- been created Duke of Leogane. essed that the regeneration of the liberty of the blacks in America could not be en- trusted to better hands. f ‘The following extract of a letter is from a gen- tleman of high respectability at Hayti:— I send you a Haytien journal, by which you will see that the ferocious and anguinary Prosideat of Hayti, Soulouque. has got himeelt proclaimed Emperor, The newspaper tells you that he owes tbis elevation to the wish of the people; but this is false; the initiative hag. been entirely bis own, and any member of the Legisla- tiva body that would have dared to oppose his will, would have been drawn out and shot like a dog. a3 many a worthy man has lately been, by order of this monster. His object is to exterminate the eolored race, and have the country exclusively governed by the blacks, ‘There is no longer afety to colored men in Hayti. All of this cla.s who porsessed anything have been either killed or obliged to flee the country, Neither sex nor age is spared by this demon and his mioister, Salomon, who have sworn together the extermination en masse of the colored race. But let us hope that the Almighty will avert the accomplishment of such @ crime, and that there may yet be found in Mayti another Brutus to de- liver his country irom this monster, who surpasses im cruelty anything we have read of Tiberius or Nero. ‘The official document of the Chamber ot Repre= sentatives, conferring the dignity of Emperor, the presage of the Senate to the President informing him of the same, and the Proclamation of Faustin the First, apprising the people and the army of the pn title given to him, have all appeared in our colurns already. U Faustin Soulouque, =. Black Eneperor of aiayth, Soulouque, or Faustin Ist, Emperor of Hayti, is a very fine negro, about fifty years old, and of a very laige figure. His physiognomy is mild, even when he orders an execution. His principal pase sion is the luxury of the teilet. Several times a day he changes his costumes or uniforms. His epaulettes and coat trummungs are of immense size; they were made in Pans, expressly for him. Being a very excellent cavalry officer, he 1s fond of Ame- riean horses, upon which he likes to parade. — It is well understood that he knows neither how to write nor how to read. [fe is full of preju- dice against those who are acquainted with this ordinary knowledge, and he says often thit he does not wish to have anything to do with that “cursed pen” which makes the whites so able to deceive the poor negroes. ‘Js it not unfortunate,” says he, “to see an honest man tied tor having put his sigaa- ture upon a piece of paper, which speaks as it pleases?” : Soulougue is not only ignorant, but also super- stitious. Priests are in favor with him, with the aly condition that they will flatter his passions, and al- low him to practice the awful superstititions of the “ Obi and Vandou.” The only minister of re- ligion who has been living on good terma with him, 1s a Jesuit, named L’Abbé Cessan, who is said to be very rich. ‘The most influential man near Faustin 1 a negro named Papuloi, a sorcerer by trade. the caly One authorised by law to perform ** 4 He, and the great priestess of **Vaudou,” are the private counsellors of tae ex-President and present Emperor. ‘They are the two pillars of that awfal barbarian free masonry impotted from the shores ot Afri Who would believe that during the last year, human sacrifices had taken place in Hayti, if those facts had not been sworn to by men of re- spectability, residing in the country? The £tat-major of the Emperor is very nume- rous. They may be compared to a quantity of leeches, sucking the blood of the country. There are, among this body, colonels who are cobblers by trade, and generals who are cooks. Poyoyo, the commander of the Génie, 13 an old negro from Martinica, who stammers, and knows not even how to command his troops. As for the soldiers, they are move like a herd of animals than a body ofmen. They are covered with rags, and they re- ceive a gourdin (a dollar) a month, when they can get it. No food or roof is allowed them; they sleep in the open air in their hammocks. The pri ae gare of Faustin I., called by the inhabitants “ The Big Boots,” although they have no shoes, is a body of butchers, ready to % at any time, the bloody will of their master. They are commanded by three brothers, named Vlithes, Bernadotte and Ocean-Anne—a trinity of murder- ers, whose actions are atrocious. As for the ma- gistrates of the island, they are the dishonor of jus- tice, as well by the darkness of their arrests as for their own imbecility. | The press of go is a nameless concern. The language used by the publishers and their reporters is a certain patois, which is not even comprehensi- ble to themsely The Enterprise of the Americans, [From the Kingston (Ja.) Despatoh, Oot, 18) ‘The apprehensions of Mr. Joly de Sabla, whose letters we translated for the general reader, on the subject of the passage across the Isthmus of Pana- ma, seems likely to be realised. The Americans will secure the canal; nay, they have in it, and will not admit the interference of England or any Europeon power in this or any other matter where the integrity of the American territory is concerned. They will not have any but native Americans and naturalized Europeans to interfere in the Nicaragua affair. They are taking measures to deprive the Mosquito King of all power and ia- fluence on the river of St. Juan; and Mr. Castel- lon, from the State of Nicaragua, Envoy to Lon- don, hag been recalled, and his contract made with a Liverpool company declared null and void. Lord Palmerston will hold the port of St. Jaan for the little King, if he can; but the Americans have begun to cut a canal—at least report says so. The letter of Mr. de Sabla is dated December, 1847. Here are two years lost in inactivity by the French, as weil as the Eoglish, while the Ameri- cans are not meditating, but acting, to secure the passage to the modern El Dorado, end through the territory which we engage to guaranty to the little King whom we are accused ot feasting and making drunk. The Americans compare him to a Pawnee chief, in respect of histitie. We are not a little amused at the “* Panch-like” version of his coronation and installation—but our neighbors evidently do not mean to vrifle. They talk of the fact of transporting an Indian to Jamaica, filling him with rom, mounting a tin crown over his sealp, and christening hin ra Now, our readers know that these are not facts; they are assertions of an American editor. We are told “ that we shall not have the moaopoly of that high way, which should be open to the trade f ailn When the question about Califor. nia was ed, the English laid claims to Cahforn hile they were concocting mea- sures to possess it, the Americans walked into pos session at once, and secured this extriordinary country, which, if ed by the Eoylich, would have found employ id means of life for all her superabundant popu and paid off the na- tional debt in a few (centuries) decades of years; y rate, all other Irish, Seotch, or English ration would have been unnecessary. These emigrants might have been sent out at the ex of the government where required, and scary only personal, might have been taken for re-pay- ment. If the individuals prospered, they could not evade the law, and would pay willingly, or by con fx if it was known they had the means. The following case occurred here lately—three men ar- rived here in the “ Empire City,” and one of them went to aclothierto be provided with a suit of clothes; this gentleman recogmized his face, and told him so; he admitted that he was before the mast in the ship, which two years ago, or there- about, had brought out this gentleman; but since then he had been eight months in Calitornia, and had realised a fortune, with which he intended to setile al yan for life in England. His story was th je had sailed — t a vireo ws ha crew, in all amounting to thirty. er deliveris their ea: t San Frencjeon, the captain proposed an expedition to the ot digaio, 3. Away went all hands, and all made heaps money. three being satisfied, retired. The captain offered the others thirty pounds a month to navigate the ship home, but they refused, one and all, and the ship is there still, by all accounts. But our argu- ment is to show that all these people having mo- ney, might have been called Ly. to repay the out- lay on their account, if not in Califorma, at any rate in England. God knows alt 1s for the best; and crowds of Koglish, Irish, and Scotch are as- sembled there, but probably not to continue sub- jects to Great Britain. A vast proportion, how- 7 would have paid for their passages, as they io now. Hon, James Buchanan, lit retary of State, Titteburgh om the 26uh iastante tN? of Sete, waaat s ) "