Beef intended for delivery at this post must arrive here with sufficient flesh to withstand the rigors of our winter.When possible to secure them, we prefer Northern wintered cattle, but if they are not available, and we are compelled to receive Southern ones, they must be of the first quality in conformation and flesh.
It now becomes my duty to say to you that your beeves are rough, have been over-driven, are tender-footed and otherwise abused, and, having in view the best interests of the service, with the concurrence of my associates, I decline them."The decision was rendered amid breathless silence.Not a word of exultation escaped one of our party, but the nervous strain rather intensified.
Mr.Y----, the congressman, made the first move.Quietly alighting from the vehicle, he held a whispered conversation with his associates, very composedly turned to the commandant, and said:
"No doubt you are aware that there are higher authorities than the post commander and quartermaster of Fort Buford.This higher court to which I refer saw fit to award a contract for five million pounds of beef to be delivered at this post on foot.Any stipulations inserted or omitted in that article, the customary usages of the War Department would govern.If you will kindly look at the original contract, a copy of which is in your possession, you will notice that nothing is said about the quality of the cattle, just so the pounds avoirdupois are there.
The government does not presume, when contracting for Texas cattle, that they will arrive here in perfect order; but so long as the sex, age, and weight have been complied with, there can be no evasion of the contract.My clients are sub-contractors, under an assignment of the original award, are acting in good faith in making this tender, and if your decision is against them, we will make an appeal to the War Department.I am not presuming to tell you your duty, but trust you will take this matter under full advisement before making your decision final.""Mr.Y--, I have received cattle before without any legal advice or interference of higher authority.Although you have ignored his presence, there is another man here with a tender of beef who is entitled to more than passing consideration.He holds a sub-contract under the original award, and there is no doubt but he is also acting in good faith.My first concern as a receiving agent of this government is that the goods tendered must be of the first quality.Your cattle fall below our established standards here, while his will take rank as the finest lot of beeves ever tendered at this post, and therefore he is entitled to the award.I am not going to stand on any technicalities as to who is legally entitled to make this delivery; there have been charges and counter-charges which have reached me, the justice of which I cannot pass on, but with the cattle it is quite different.I lack but five years of being retired on my rank, the greater portion of which service has been spent on this frontier, and I feel justified in the decision made.The government buys the best, insists on its receiving agents demanding the same, and what few remaining years I serve the flag, there will be no change in my policy."There was a hurried conference.The "majordomo" was called into the consultation, after which the congressman returned to the attack.
"Colonel, you are forcing us to make a protest to the War Department.As commander at Fort Buford, what right have you to consider the tender of any Tom, Dick, or Harry who may have cattle to sell? Armed with an assignment of the original award, we have tendered you the pounds quantity required by the existing contract, have insisted on the acceptance of the same, and if refused, our protest will be in the War Office before that sun sets.Now, my advice is --""I don't give a damn for you nor your advice.My reputation as a soldier is all I possess, and no man can dictate to nor intimidate me.My past record is an open book and one which I am proud of; and while I have the honor to command at Fort Buford, no threats can terrify nor cause me to deviate from my duty.
Captain O'Neill, attend orders and escort these vehicles back to their quarters."The escort loosened out, the conveyances started, and the inspection was over.We were a quiet crowd, though inwardly we all felt like shouting.We held apart from the military party, and when near the herd which held the "Circle Dot" steers, my brother and a number of the boys galloped on ahead and cut out the animals before our arrival.On entering the wagon-road near the post, the military cavalcade halted a moment for us to come up.Lovell was in the lead, and as we halted the commandant said to him: "We have decided to receive your cattle in the morning--about ten o'clock if that hour will be convenient.I may not come over, but the quartermaster's Mr.Sanders will count for us, and you cowmen ought to agree on the numbers.We have delayed you a day, and if you will put in a bill for demurrage, I will approve it.I believe that is all.We'll expect you to spend the night with us at the post.I thought it best to advise you now, so that you might give your men any final orders."
