Chapter XXII. A Soldier's Honor

by Andy Adams

  Delivery day dawned with a heavy fog hanging over the valley ofthe Yellowstone. The frosts had ceased, and several showers hadfallen during the night, one of which brought our beeves to theirfeet, but they gave no serious trouble and resumed their bedswithin an hour. There was an autumn feeling in the atmosphere,and when the sun arose, dispelling the mists, a gloriousSeptember day was ushered in. The foliage of the timber whichskirted either river was coloring from recent frosts, while innumerous places the fallen leaves of the cottonwood werelittering the ground. Enough rain had fallen to settle the dust,and the signal of the approaching herds, seen the evening before,was no longer visible.The delay in their appearance, however, was only temporary. Irode down to Sponsilier's camp early that morning and reportedthe observations of my wrangler at sundown. No one at the lowerwagon had noticed the dust-clouds, and some one suggested that itmight be a freight outfit returning unloaded, when one of the menon herd was seen signaling the camp's notice. The attention ofthe day-herders, several miles distant, was centered on someobject up the river; and mounting our horses, we rode for thenearest elevation, from which two herds were to be seen on theopposite side, traveling in trail formation. There was nodoubting their identity; and wondering what the day would bringforth, we rode for a better point of observation, when frombehind a timbered bend of the river the lead of the last herdappeared. At last the Yellowstone Valley held over twentythousand beef cattle, in plain sight of each other, both factionsequally determined on making the delivery on an award thatrequired only half that number. Dismounting, we kept the herds inview for over an hour, or until the last one had crossed theriver above O'Brien's road-house, the lead one having disappearedout of sight over on the main Missouri.This was the situation on the morning of September 15. As wereturned to Sponsilier's wagon, all the idle men about the campjoined our cavalcade, and we rode down and paid Forrest's outfita social visit. The latter were all absent, except the cook, butshortly returned from down the river and reported the oppositionherds to be crossing the Missouri, evidently going to camp atAlkali Lake."Well, I've been present at a good many deliveries," said QuinceForrest, as he reined in his horse, "but this one is in a classby itself. We always aimed to get within five or ten miles of apost or agency, but our friends made a worthy effort to get onthe parade-ground. They did the next best thing and occupied thegrazing where the cavalry horses have been herded all summer. Oh,their cattle will be hog-fat in a few days. Possibly they expectto show their cattle in town, and not trouble the quartermasterand comandante to even saddle up--they're the very kind of peoplewho wouldn't give anybody trouble if they could help it. Itwouldn't make so much difference about those old frontierofficers or a common cowman, but if one of those younglieutenants was to get his feet wet, the chances are that thoseWashington City contractors would fret and worry for weeks. Ofcourse, any little inconvenience that any one incurred on theiraccount, they'd gladly come all the way back from Europe to makeit right--I don't think."While we were discussing the situation, Bob Quirk arrived atcamp. He reported that Lovell, relying on the superiority of ourbeeves, had waived his right to deliver on the hour of high noon,and an inspection of the other cattle would be made that evening.The waiver was made at the request of the leading officers ofFort Buford, all very friendly to the best interests of theservice and consequently ours, and the object was to silence allsubsequent controversy. My brother admitted that some outsidepressure had been brought to bear during the night, veryantagonistic to the post commander, who was now more determinedthan ever to accept none but the best for their next year's meatsupply. A well-known congressman, of unsavory reputation as alobbyist in aiding and securing government contracts for hisfriends, was the latest addition to the legal forces of theopposition. He constantly mentioned his acquaintances in the WarDepartment and maintained an air of assurance which was verydisconcerting. The younger officers in the post were abashed atthe effrontery of the contractors and their legalrepresentatives, and had even gone so far as to express doubts asto the stability of their positions in case the decision favoredLovell's cattle. Opinion was current that a possible shake-upmight occur at Buford after the receipt of its beef supply, andthe more timorous ones were anxious to get into the right wagon,instead of being relegated to some obscure outpost.It was now evident that the decisive issue was to occur over thedelivery of the contending herds. Numerous possibilities arose inmy imagination, and the various foremen advanced their views. Ageneral belief that old man Don would fight to the last wasprevalent, and amidst the discussions pro and con, I remarkedthat Lovell could take a final refuge behind the indemnity inhand."Indemnity, hell!" said Bob Quirk, giving me a withering look;"what is sixty-five thousand dollars on ten thousand beeves,within an hour of delivery and at thirty-seven and a half a head?You all know that the old man has strained his credit on thissummer's drive, and he's got to have the money when he goes home.A fifteen or twenty per cent. indemnity does him no good. TheIndian herds have paid out well, but if this delivery falls down,it will leave him holding the sack. On the other hand, if it goesthrough, he will be, financially, an independent man for life.And while he knows the danger of delay, he consented as readilyas any of us would if asked for a cigarette-paper. He may comeout all right, but he's just about white enough to get the worstof it. I've read these Sunday-school stories, where the goodlittle boy always came out on top, but in real life, especiallyin cattle, it's quite different."My brother's words had a magical effect. Sponsilier asked forsuggestions, when Bob urged that every man available go into thepost and accompany the inspection party that afternoon. SinceForrest and himself were unknown, they would take about three ofthe boys with them, cross the Missouri, ride through and sum upthe opposition cattle. Forrest approved of the idea, and orderedhis cook to bestir himself in getting up an early dinner.Meanwhile a number of my boys had ridden down to Forrest's wagon,and I immediately dispatched Clay Zilligan back to my cattle torelieve Vick Wolf and inform the day-herders that we might notreturn before dark. Wolf was the coolest man in my employ, hadfigured in several shooting scrapes, and as he was a splendidshot, I wanted to send him with Forrest and my brother. Ifidentified as belonging to Lovell's outfits, there was apossibility that insult might be offered the boys; and knowingthat it mattered not what the odds were, it would be resented, Ithought it advisable to send a man who had smelt powder at shortrange. I felt no special uneasiness about my brother, in fact hewas the logical man to go, but a little precaution would do noharm, and I saw to it that Sponsilier sent a good representative.About one o'clock we started, thirty strong. Riding down theYellowstone, the three detailed men, Quince Forrest, and mybrother soon bore off to the left and we lost sight of them.Continuing on down the river, we forded the Missouri at theregular wagon-crossing, and within an hour after leavingForrest's camp cantered into Fort Buford. Sanders and his outfitwere waiting in front of the quartermaster's office, the hour forstarting having been changed from two to three, which affordedample time to visit the sutler's bar. Our arrival was noticedabout the barracks, and evidently some complaint had been made,as old man Don joined us in time for the first round, after whichhe called Dave and me aside. In reply to his inquiry regardingour presence, Sponsilier informed him that we had come in toafford him an escort, in case he wished to attend the inspectionof the opposition herds; that if there was any bulldozing goingon he needn't stand behind the door. Dave informed him that Boband Quince and three of the other boys would meet us at thecattle, and that he need feel no hesitancy in going if it was hiswish. It was quite evident that Mr. Lovell was despondent, but hetook courage and announced his willingness to go along."It was my intention not to go," said he, "though Mr. Aspgrainand Sutton both urged that I should. But now since you boys allfeel the same way, I believe I'll go. Heaven and earth are beingmoved to have the other cattle accepted, but there are a coupleof old war-horses at the head of this post that will fight themto the last ditch, and then some. I'm satisfied that my beeves,in any market in the West, are worth ten dollars a head more thanthe other ones, yet there is an effort being made to turn usdown. Our claims rest on two points,--superiority of the beeftendered, and the legal impossibility of a transfer fromthemselves, a corporation, to themselves as individuals. If thereis no outside interference, I think we will make the deliverybefore noon to-morrow. Now, I'll get horses for both Mr. Suttonand Senator Aspgrain, and you see that none of the boys drink toomuch. Sanders and his outfit are all right, and I want you ladsto remind me to remember him before we leave this post. Now,we'll all go in a little party by ourselves, and I don't want aword out of a man, unless we are asked for an opinion from theofficers, as our cattle must argue our cause."A second drink, a cigar all round, and we were ready to start. Aswe returned to our mounts, a bustle of activity pervaded thepost. Orderlies were leading forth the best horses, officers wereappearing in riding-boots and gauntlets, while two conveyancesfrom a livery in town stood waiting to convey the contractors andtheir legal representatives. Our employer and his counsel were onhand, awaiting the start, when the quartermaster and his outfitled off. There was some delay among the officers over the changeof a horse, which had shown lameness, while the ringsters wereall seated and waiting in their vehicles. Since none of us knewthe trail to Alkali Lake, some one suggested that we follow upthe quartermaster and allow the military and conveyances to go bythe wagon-road. But Lovell objected, and ordered me forward tonotice the trail and course, as the latter was a cut-off and muchnearer than by road. I rode leisurely past the two vehicles,carefully scanning every face, when Mr. Field recognized andattempted to halt me, but I answered him with a contemptuous lookand rode on. Instantly from the rigs came cries of "Stop thatman!" "Halt that cowboy!" etc., when an orderly stepped in frontof my horse and I reined in. But the shouting and my detentionwere seen and heard, and the next instant, led by Mike Sutton,our men dashed up, scaring the teams, overturning both of theconveyances, and spilling their occupants on the dusty ground. Iadmit that we were a hard-looking lot of cow-hands, ouremployer's grievance was our own, and just for an instant therewas a blue, sulphuric tinge in the atmosphere as we accented ourprotest. The congressman scrambled to his feet, sputtering acomplaint to the post commander, and when order was finallyrestored, the latter coolly said:"Well, Mr. Y-----, when did you assume command at Fort Buford?Any orders that you want given, while on this militaryreservation, please submit them to the proper authorities, and ifjust, they will receive attention. What right have you or any ofyour friends to stop a man without due process? I spent severalhours with these men a few days ago and found them to my liking.I wish we could recruit the last one of them into our cavalry.But if you are afraid, I'll order out a troop of horse to protectyou. Shall I?""I'm not at all afraid," replied Mr. Raddiff, "but feel underobligation to protect my counsel. If you please, Colonel.""Captain O'Neill," said the commandant, turning to that officer,"order out your troop and give these conveyances ample protectionfrom now until their return from this cattle inspection. Mr.Lovell, if you wish to be present, please ride on ahead with yourmen. The rest of us will proceed at once, and as soon as theescort arrives, these vehicles will bring up the rear."As we rode away, the bugles were calling the troopers."That's the way to throw the gaff into them," said Sutton, whenwe had ridden out of hearing. "Every time they bluff, call theirhand, and they'll soon get tired running blazers. I want to givenotice right now that the first mark of disrespect shown me, byclient or attorney, I'll slap him then and there, I don't care ifhe is as big as a giant. We are up against a hard crowd, and wewant to meet them a little over halfway, even on a hint orinsinuation. When it comes to buffaloing the opposite side,that's my long suit. The history of this case shows that theopposition has no regard for the rights of others, and it is upto us to try and teach them that a love of justice is universal.Personally, I'm nothing but a frontier lawyer from Dodge, but I'mthe equal of any lobbyist that ever left Washington City."Alkali Lake was some little distance from the post. All three ofthe herds were holding beyond it, a polite request having reachedthem to vacate the grazing-ground of the cavalry horses. Lovellstill insisted that we stand aloof and give the constitutedauthorities a free, untrammeled hand until the inspection wasover. The quartermaster and his assistants halted on approachingthe first herd, and giving them a wide berth, we rode for thenearest good point of observation. The officers galloped upshortly afterward, reining in for a short conversation, butentering the first herd before the arrival of the conveyances andtheir escort. When the latter party arrived, the nearest one ofthe three herds had been passed upon, but the contractors stoodon the carriage seats and attempted to look over the cordon oftroopers, formed into a hollow square, which surrounded them. Thetroop were mounted on chestnut horses, making a pretty sight, andI think they enjoyed the folly and humor of the situation fullyas much as we did. On nearing the second herd, we were met by theother boys, who had given the cattle a thorough going-over andreported finding two "Circle Dot" beeves among the oppositionsteers. The chances are that they had walked off a bed-groundsome night while holding at Ogalalla and had been absorbed intoanother herd before morning. My brother announced his intentionof taking them back with us, when Sponsilier taunted him with thefact that there might be objections offered."That'll be all right, Davy," replied Bob; "it'll take a biggerand better outfit than these pimps and tin-horns to keep me fromclaiming my own. You just watch and notice if those two steersdon't go back with Forrest. Why, they had the nerve to questionour right even to look them over. It must be a trifle dull withthe girls down there in Ogalalla when all these 'babies' have toturn out at work or go hungry."Little time was lost in inspecting the last herd. The cattle werethrown entirely too close together to afford much opportunity inlooking them over, and after riding through them a few times, theofficers rode away for a consultation. We had kept at a distancefrom the convoy, perfectly contented so long as the oppositionwere prisoners of their own choosing. Captain O'Neill evidentlyunderstood the wishes of his superior officer, and never oncewere his charges allowed within hailing distance of the party ofinspection. As far as exerting any influence was concerned, forthat matter, all of us might have remained back at the post andreceived the report on the commander's return. Yet there was atinge of uncertainty as to the result, and all concerned wantedto hear it at the earliest moment. The inspection party did notkeep us long in waiting, for after a brief conference they turnedand rode for the contractors under escort. We rode forward, thetroop closed up in close formation about the two vehicles, andthe general tension rose to that of rigidity. We halted quietlywithin easy hearing distance, and without noticing us thecommandant addressed himself to the occupants of the conveyances,who were now standing on the seats."Gentlemen," said he, with military austerity, "the quality andcondition of your cattle places them beyond our consideration.Beef intended for delivery at this post must arrive here withsufficient flesh to withstand the rigors of our winter. Whenpossible to secure them, we prefer Northern wintered cattle, butif they are not available, and we are compelled to receiveSouthern ones, they must be of the first quality in conformationand flesh. It now becomes my duty to say to you that your beevesare rough, have been over-driven, are tender-footed and otherwiseabused, 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 ofexultation escaped one of our party, but the nervous strainrather intensified.Mr. Y----, the congressman, made the first move. Quietlyalighting from the vehicle, he held a whispered conversation withhis associates, very composedly turned to the commandant, andsaid:"No doubt you are aware that there are higher authorities thanthe post commander and quartermaster of Fort Buford. This highercourt to which I refer saw fit to award a contract for fivemillion pounds of beef to be delivered at this post on foot. Anystipulations inserted or omitted in that article, the customaryusages of the War Department would govern. If you will kindlylook at the original contract, a copy of which is in yourpossession, you will notice that nothing is said about thequality of the cattle, just so the pounds avoirdupois are there.The government does not presume, when contracting for Texascattle, that they will arrive here in perfect order; but so longas the sex, age, and weight have been complied with, there can beno evasion of the contract. My clients are sub-contractors, underan assignment of the original award, are acting in good faith inmaking this tender, and if your decision is against them, we willmake an appeal to the War Department. I am not presuming to tellyou your duty, but trust you will take this matter under fulladvisement before making your decision final.""Mr. Y--, I have received cattle before without any legal adviceor interference of higher authority. Although you have ignoredhis presence, there is another man here with a tender of beef whois entitled to more than passing consideration. He holds asub-contract under the original award, and there is no doubt buthe is also acting in good faith. My first concern as a receivingagent of this government is that the goods tendered must be ofthe first quality. Your cattle fall below our establishedstandards here, while his will take rank as the finest lot ofbeeves ever tendered at this post, and therefore he is entitledto the award. I am not going to stand on any technicalities as towho is legally entitled to make this delivery; there have beencharges and counter-charges which have reached me, the justice ofwhich I cannot pass on, but with the cattle it is quitedifferent. I lack but five years of being retired on my rank, thegreater portion of which service has been spent on this frontier,and I feel justified in the decision made. The government buysthe best, insists on its receiving agents demanding the same, andwhat few remaining years I serve the flag, there will be nochange in my policy."There was a hurried conference. The "major-domo" was called intothe consultation, after which the congressman returned to theattack."Colonel, you are forcing us to make a protest to the WarDepartment. As commander at Fort Buford, what right have you toconsider the tender of any Tom, Dick, or Harry who may havecattle to sell? Armed with an assignment of the original award,we have tendered you the pounds quantity required by the existingcontract, have insisted on the acceptance of the same, and ifrefused, our protest will be in the War Office before that sunsets. Now, my advice is--""I don't give a damn for you nor your advice. My reputation as asoldier is all I possess, and no man can dictate to norintimidate me. My past record is an open book and one which I amproud 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 totheir quarters."The escort loosened out, the conveyances started, and theinspection was over. We were a quiet crowd, though inwardly weall felt like shouting. We held apart from the military party,and when near the herd which held the "Circle Dot" steers, mybrother and a number of the boys galloped on ahead and cut outthe animals before our arrival. On entering the wagon-road nearthe post, the military cavalcade halted a moment for us to comeup. Lovell was in the lead, and as we halted the commandant saidto him: "We have decided to receive your cattle in the morning--about ten o'clock if that hour will be convenient. I may not comeover, but the quartermaster's Mr. Sanders will count for us, andyou cowmen ought to agree on the numbers. We have delayed you aday, and if you will put in a bill for demurrage, I will approveit. I believe that is all. We'll expect you to spend the nightwith us at the post. I thought it best to advise you now, so thatyou might give your men any final orders."


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