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 "major-domo" 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 w