above, further than to state that no more mules will be required this year at this depot. I would remark, however, that the men named in the Secretary's letter, of whom I purchased mules, appear to be very uncertain as to the number of mules I rejected. Colonel Mitchell, for instance, in a letter dated June 1, after he had discontinued delivering mules, informs me that I had rejected 284; on June 9 he writes me that the number is 383, and now it appears that he has informed the Secretary of War that the number is 278.

I trust the board of officers will find out how many have been rejected, and also bring to light every other transaction connected with the so-called mule contracts.

I am, colonel, very respectfully, your obedient servant,

Colonel D. D. TOMPKINS,

STEWART VAN VLIET, Captain, Assistant Quartermaster.

Assistant Quartermaster General, Fort Leavenworth.

A true copy.

W. H. GORDON,

Chief Clerk Quartermaster General's Office.

ASSISTANT QUARTERMASTER GENERAL'S OFFICE,

Fort Leavenworth, K. T., July 28, 1858. GENERAL: Your letter of 9th instant, enclosing copy of a note from the Secretary of War. directing that certain mules should be purchased of parties named, (for reasons therein assigned,) by the assistant quartermaster at Fort Leavenworth, in the event that additional mules are needed for the service and that said mules come up to the specifications of the quartermaster's department, was received 25th

instant.

I furnished Captain Van Vliet, the assistant quartermaster at this depot, with a copy of your letter and its enclosure. with an indorsement thereon by myself, that the papers were furnished for his information and guidance.

I enclose herewith a copy of a letter of yesterday's date from Captain Van Vliet, assistant quartermaster, acknowledging the receipt of the papers, and stating that no additional mules will be required for the service at this depot this year, &c.

The omission of the words "Geo. V. Hebb" in your letter of 9th instant has been corrected, as directed in your letter of the 12th instant.

I have the honor, to be, general, very respectfully, your obedient servant,

Major General THOMAS S. JESUP,

D. D. TOMPKINS, Assistant Quartermaster General.

Quartermaster General United States Army, Washington, D. C.

A true copy.

W. H. GORDON,

Chief Clerk Quartermaster General's Office.

No. 16.

ASSISTANT QUARTERMASTER'S Office,

Fort Leavenworth, September 18, 1858. GENERAL: I have the honor to acknowledge the receipt of your telegram of the 13th instant, directing me to report the circumstances which make it necessary in my (your) opinion to remove Mr. Rider." In reply to this I beg to state that I discharged Mr. Rider, as I would any employé who does not suit me.

While Mr. R. was in my employ during the past season I ordered him to Independence to inspect some mules, giving him at the same time most positive and emphatic orders to govern his actions in the premises. In the discharge of this duty Mr. R. preferred to interpret these orders so different from the sense in which they were given that I lost all confidence in him, and I found myself obliged to discharge him. These orders were given to Mr. R., fortunately, in the presence of one of my clerks, to whose affidavits I would respectfully refer you in the proceedings of the board of officers which convened here the 25th of last month. In connexion with this matter I would mention that a gentleman informed me, since the meeting of the board of officers, that he met Mr. Rider on his return from the inspection of mules at Independence, and that he (Mr. R.) informed him that he had made $2,000 by his trip. Furthermore, it is a notorious fact here that Mr. R. has frequently stated that he had made from the 1st of April to the 30th of June $1,500. His pay was $100 per month. Be these reports true or otherwise, I am now convinced that Mr. Rider was interested in the sale of property purchased here by the government; and as I have always made it a rule, for the reputation of our department, that no employé of mine should be interested, directly or indirectly, in the sale of articles required by the government, I can have no further use for the services of Mr. Rider.

Very respectfully, your obedient servant,

STEWART VAN VLIET,
Captain, Assistant Quartermaster.

Quartermaster General U. S. A., Washington, D. C.

Major General THOMAS S. JEsup,

A true copy from the original.

W. H. GORDON,

Chief Clerk Quartermaster General's Office.

Respectfully submitted to the Secretary of War. This communication is not satisfactory, inasmuch as it does not furnish the names

and evidence on which the charges rest. quired Captain Van Vliet to furnish.

SEPTEMBER 30, 1858.

That evidence I have re

TH. S. JESUP, Quartermaster General.

No. 17.

Remarks on the procedings of the board assembled at Fort Leavenworth.

From a careful review of the whole testimony, (though it is nearly all ex parte,) as well as from an attentive perusal of the proceedings and opinions of the board, I think it is conclusively shown that Captain Van Vliet conducted the business confided to him as well as, under the embarrassing circumstances surrounding him, could have been reasonably expected; fully as well as nineteen out of twenty experienced officers of the army or intelligent business men in civil life could have conducted it.

He established a price-one hundred and sixty-five dollars per mule--which was perhaps too low, (but which, before I perused the testimony, I thought too high,) and in his purchases he generally conformed to that rate. He purchased altogether four thousand four hundred and thirty-eight mules; twenty-nine hundred and ninety-two at the established rate; eleven hundred and eight above that rate, and three hundred and thirty eight below that rate. Why a higher rate than that established was paid for any of the mules purchased does not satisfactorily appear by the testimony; but why a lower price was paid for a small portion of them will be readily understood. The mules were worth no more or but little more than was paid for them. The board fully sustain the course of Captain Van Vliet in the rejection of the mules not received; and the only material difference of opinion seems to be in regard to the price paid for those received.

There is nothing in the facts disclosed by the testimony to warrant, in my opinion, the large price recommended by the majority of the board; but there is enough to show that, under the circumstances, one hundred and sixty-five dollars was perhaps too low a rate for the greater portion of those purchased. Captain Van Vliet states. that he established that as the cash price; if so, it was too low, for we had no cash to pay for them, and it was uncertain when we should have any. The payments were mostly made in drafts drawn on me, payable when Congress should make an appropriation for the purpose; or if not so drawn, accepted by me, payable when an appropriation should be made. Many of these drafts, I was informed, were disposed of by the holders at a discount of ten per cent.

For the eleven hundred and eight mules furnished by Messrs. Ahl, Hibler, Mitchell, and Trigg & Kirby, for which a higher rate than that established was paid, nothing more should be allowed; for the remainder, amounting to three thousand three hundred and thirty, ten dollars additional, I think, should be allowed. This would be just, and it is as much, I believe, as under any circumstances an executive officer would be warranted in allowing. Should the claimants think themselves entitled to more, both Congress and the Court of Claims are open to them. Such an award would be sustained by the opinion

of the president of the board, and, being below the sum designated as of proper by the members of the board, would be sustained by the whole board as well as by the testimony. Respectfully submitted.

TH. S. JESUP, Quartermaster General.

QUARTERMASTER GENERAL'S OFFICE, October 4, 1858.

WAR DEPARTMENT, October 5, 1858.

Report of the quartermaster general is approved. Let ten dollars a head be added to the price of the mules furnished by Colonel Mitchell, G. V. Hebb, and those furnished by Trigg & Kirby.

J. B. FLOYD, Secretary of War.

OCTOBER 28, 1858.

The Secretary of War directs me to say that in the above order he intended to direct the additional payment of $10 per head to be made on the whole number of mules furnished by the above-named persons. W. R. DRINKARD, Chief Clerk.

A true copy.

W. H. GORDON,

Chief Clerk Quartermaster General's Office.

No. 18.

OFFICE DEPOT QUARTERMASTER,

Fort Leavenworth, K. T., October 10, 1858.

GENERAL: Your telegraph of the 7th instant was received this morning, and in reply I have the honor to state that my report as to the number of mules purchased of Colonel Mitchell was forwarded to you on the 11th of June, and that the 65 mules were purchased from Dr. McDowell on the 18th of June, which will account for their not being included in the report.

Up to the 1st of June, when I had a final settlement with Colonel Mitchell, I had purchased of him 946 mules, leaving 54 still to be received on his contract. On the 18th of June Dr. McDowell brought here 65 mules, and a letter from Colonel Mitchell authorizing him (Dr. McDowell) to act as his (Mitchell's) agent in selling the mules to the government. The doctor offered the mules to me and agreed to take $135 per head for them, which price I paid him. I am, very respectfully, your obedient servant, STEWART VAN VLIET,

Major General T. S. JESUP,

Captain, Assistant Quartermaster.

Quartermaster General U. S. A., Washington, D. C.

A true copy.

W. H. GORDON,

Chief Clerk Quartermaster General's Office.

Respectfully submitted to the Secretary of War. It appears from Captain Van Vliet's report within, that the sixty-five mules delivered by Dr. McDowell were Colonel Michell's, and that the doctor acted. in the matter as Colonel Mitchell's agent. That circumstance brings the case within the decision of the Secretary of War, and I recommend that the ten dollars authorized to be paid to Colonel Mitchell, for all mules furnished by him at $165 and under, be paid for these sixty-five mules.

OCTOBER 19, 1858.

TH. S. JESUP, Quartermaster General.

No further order appears necessary to authorize the additional payment on the mules referred to within.

WAR DEPARTMENT.

No. 19.

W. R. DRINKARD, Acting Secretary of War.

ST. LOUIS, November 3, 1858.

MY DEAR SIR: I have always been satisfied that Governor Floyd felt every disposition to do what was right in the matter, but that the multiplicity of his official duties had prevented him from giving it that degree of attention which its importance (to me at least) required. The justice of the case he cannot help but admit, and as for any petty responsibility, he would be amply sustained by the evidence taken before the board of investigation at Fort Leavenworth. I have conversed with members of both houses of Congress, and have heard but one opinion on the subject.

Owing to the delay of action on the part of the department, I have held on to the mules until it is too late to dispose of them to muledealers this season, and the expense of keeping them during the winter will be ruinous. It has occurred to me that the contemplated movements of troops from Forts Leavenworth and Riley to Texas would afford ample opportunity to dispose of these mules in a manner satisfactory to all parties.

The

You will do me a great favor by calling the immediate attention of the Secretary to the subject and get him to decide at once. moment he decides, let me know.

SIR: I have the honor to enclose you herewith a copy of a letter from Colonel Mitchell, of Missouri, which will explain itself. From