the case, it was certainly his duty to have exposed me at the time. Now, then, I ask why did Captain McKinstry go to Mr. Uriguen's and inquire of him what he gave me on each suit of clothes? He certainly must have had some interest in profits, or else he would have taken the contract from me. But no: he must wait until the present time; and after he has pocketed what he could exact from me, he accuses me of dishonesty. Owing to the untimely death of the much-lamented Captain Irving I have not been able to produce testimony to prove the second charge of falsehood against Captain McKinstry. I was not a little surprised at first that Captain McKinstry should have found men who were willing to swear against my character; however, upon considering that they are all my personal enemies, and putting direct questions to these witnesses, it is apparent that none of them know anything against me. They form their unfavorable opinion of my character upon suspicions such as, that I was discharged from a commercial house in this city for dishonesty. Now, it has been proved that such is not the case; for the principal of that commercial and manufacturing house, Mr. Carrera, has testified that the motive of my discharge was not dishonorable to me; quite the reverse. Others say that I owe money; and although that has naught to do with a man's integrity, still these witnesses don't even know that I owe any money. Others look upon me unfavorably because they suspect that I denounced Mr. Beach to the Mexican government. Others, because I pointed out the most convenient houses in the city for quarters for the officers of the army, and some even go as far as to suppose that I am a spy for the Mexican government. If I were guilty of either of these accusations I should feel very much distressed at the present time; but when I know that these reports are got up by my personal enemies, and those who are jealous of the amount of business I have transacted, I don't care a straw about it. We may all have enemies who will invent atrocities to injure us for special purposes. The court, however, must have remarked that the only respectable citizen witnesses that have been brought up to testify against me-Mr. Voss, Mr. Jamison, and Mr. Perry—and in fact the only ones against them all with whom I have had intercourse, say nothing against my character. Furthermore, were my character bad, or even suspicious amongst the respectable part of the community, I should not have had the power of going into the commercial market and purchasing goods in my name to the amount of about one hundred and fifty thousand dollars. I happened to meet one of the witnesses in the street, who swore he would not believe me under an oath, and I asked him why; he very coolly answered that he would not believe any man under an oath whom he did not know perfectly well. This gentleman is a tailor, and his name is Mr. Tracy. I'll let such testimony go for what it is worth. In conclusion, I beg to say that I will not occupy the time of the court by entering into a minute reply to the defence of the accused, particularly as the testimony is before the court, who can decide for themselves. I merely will say that I beg that the court will excuse any want of proper formalities in my proceedings during the session of the court. Feeling that I had justice on my side, I have not been willing, notwithstanding my ignorance, to employ a counsellor to assist me, and I have depended entirely upon the discrimination and impartial conduct of the judges before me. CLEMENT P. GARCIA. B. ASSISTANT QUARTERMASTER'S Office, Mexico, December 17, 1847. Your house is required for the public service, and upon the receipt of this be prepared to turn over the keys. By command. J. McKINSTRY, Captain, Assistant Quartermaster. Mrs. DURAN, No. 10 Calle de Coliser viego, Mexico. C. ASSISTANT QUARTERMASTER'S OFFICE, You are hereby notified that your house, No. 7 Calle de Coliser viego, is required for the public service, and you will, upon the receipt of this, turn over the keys to Mr. Garcia, my agent. By command. J. McKINSTRY, Captain, Assistant Quartermaster. J. SMITH. This house belongs to a friend I want to serve. D. MEXICO, y Deciembre 18 de 1847. El Sor Don Clemente P. Garcia se reconocera como ogente del cuartel maestre para la ocupacion del as casas q se necesiten para el uso del ejercito Norte Americano. J. McKINSTRY, Captain, Assistant Quartermaster. Translation of the above, by William Perret, acting as interpreter. Mr. Clement P. Garcia is recognized as agent for the quartermaster for the Occupation of the houses that may be wanted for the use of the army of the United States. J. MCKINSTRY, Captain, Assistant Quartermaster. F. GARDNER, Judge Advocate. E. El Gobierno Americano a la fab'a de la Magdalena, Debe. Contract entered into between Captain McKinstry, quartermaster of the United States army, and Philip Uriguen for two thousand uniforms for the army, on the following terms, to wit: ARTICLE 1. The quartermaster will deliver to Mr. Uriguen six thousand six hundred and sixty-six varas and two-thirds (6,6663 varas) of cloth of the country of the customary width, which are required to make the two thousand (2,000) uniforms, at the rate of three and one-third varas each. ART. 2. Each uniform to consist of a jacket and pantaloons, perfectly equal in work and fashion to the samples that Mr. Uriguen saw at the time of making this contract. ART. 3. With regard to the distribution of the sizes, Mr. Uriguen will follow the instructions which for that purpose he may receive from the quartermaster. ART. 4. Three dollars ready cash, in silver, for the work and fashion of every uniform will be paid to Mr. Uriguen at the time of receiving them. ART. 5. Mr. Uriguen furnishes the linings, buttons, trimmings, and every thing necessary for finishing of the uniforms, at his own expense, and the cloth only is to be furnished him. ART. 6. Mr. Uriguen obliges himself most formally and solemnly to deliver the whole number of uniforms contracted for as soon as possible, and he engages to deliver them in the house of the quartermaster. ART. 7. In order that he may the sooner be able to deliver the uniforms, Mr. Uriguen requires that the cloth be delivered to him as soon as possible, if not at present. ART. 8. In case of any public disturbances occurring whilst Mr. Uriguen is engaged in the fulfilment of this contract, and prevent him from so doing, it will not be exacted from him, nor is he to be in any way responsible. ART. 9. But in case such disturbances as mentioned in the preceding article should not happen, then the quartermaster on his and Mr. Uriguen on his part bind themselves to fulfil punctually and faithfully all the articles of this contract, which in no manner is to be altered, and no other than its literal sense is to be given to it. In witness whereof, and for the security of both parties, we sign two copies of the same tenor, in Mexico, on the twelfth day of October, one thousand eight hundred and forty-seven. FELIPE URIGUEN. Contrata celebrada entre el Sor Capitan McKinstry, cuartel maestre del ejercito Americano, y Don Felipe Uriguen sobre dos mil vestuarios para el ejercito, en los terminos siguientes, asaver : ART. 1. El Sor cuartel maestre entregara al Sors Uriguen la candidad de seis mil seiscientas serenta y seis, y dos tercias varas de paño (6,666 varas) del pais del ancho corriente, que san las que se necesitan para hacen los dos mil (2,000) vestidos, a tres y tercia varas cada uno. ART. 2. Cada vestido se compondra de chaqueta y pantalon, enteramente iguales en hechura a las muestras que vio el Sor Uriguen al celebrarse este con trato. ART. 3. Con respecto a la reparticion de los tamanos, el Sor Uriguen se atendra a los instrucciones que sobre el particular reciba del Sor cuartel maestre. ART. 4. Se pagaran al Sor Uriguen tres pesos, por hechura de cada vestido, al contrado, en plata, al tiempo de recibirlos. ART. 5. San de cuenta del Sor Uriguen los fonas botones, cintas y todo lo necesario para la confeccion de los vestidos, pues que solo debera darsele el paño. ART. 6. El Sor Uriguen se compromete solemne y formalmente ha entregar todo la cantidad de vestidos contratada en el tiempo mas pronto que pueda, y se compromete ha entregarlos en casa del Sor cuartel maestre. ART. 7. Exijé el Sor Uriguen que para que lo mas pronto pueda entregar los vestidos, se le entregue uno del momenta, lo mas pronto posible el paño que y a tiene espresado serle necesario pa. thos. ART. 8. Si por acaso en el tiempo en que al Sor Uriguen este trabajando para cumplir su compromiso ocurriese alguma novedad publica que le impidiese el formal cumplimiento, no se le exijira asi tamporo ninguna responsarilidad. ART. 9. Pero en el caso de no ocurrir lo referido en el arto. anterior, el Sor cuartel maestre por su parte y el Sor Uriguen por la suga, se comprometen a cumplir exacta y pelmente todas las clansulas de este contrato, que no se podra innovar de ninguna manera, ni se le dara mas sentido que el que literalmente tiene; y para que conste y seguridad de ambas partes firmamos dos de un mismo tenor en Mejico a doce de Octubre de mil ochocientos quarenta y siete. FELIPE URIGUEN. |