The Papers And Writings Of Abraham Lincoln — Volume 2: 1843-1858. Lincoln Abraham

beginning, General Scott was by this same President driven into disfavor if not disgrace, for intimating that peace could not be conquered in less than three or four months. But now, at the end of about twenty months, during which time our arms have given us the most splendid successes, every department and every part, land and water, officers and privates, regulars and volunteers, doing all that men could do, and hundreds of things which it had ever before been thought men could not do — after all this, this same President gives a long message, without showing us that as to the end he himself has even an imaginary conception. As I have before said, he knows not where he is. He is a bewildered, confounded, and miserably perplexed man. God grant he may be able to show there is not something about his conscience more painful than his mental perplexity.

      The following is a copy of the so-called "treaty" referred to in the speech:

      "Articles of Agreement entered into between his Excellency David G. Burnet, President of the Republic of Texas, of the one part, and his Excellency General Santa Anna, President-General-in-Chief of the Mexican army, of the other part:

      "Article I. General Antonio Lopez de Santa Anna agrees that he will not take up arms, nor will he exercise his influence to cause them to be taken up, against the people of Texas during the present war of independence.

      "Article II. All hostilities between the Mexican and Texan troops will cease immediately, both by land and water.

      "Article III. The Mexican troops will evacuate the territory of Texas, passing to the other side of the Rio Grande Del Norte.

      "Article IV. The Mexican army, in its retreat, shall not take the property of any person without his consent and just indemnification, using only such articles as may be necessary for its subsistence, in cases when the owner may not be present, and remitting to the commander of the army of Texas, or to the commissioners to be appointed for the adjustment of such matters, an account of the value of the property consumed, the place where taken, and the name of the owner, if it can be ascertained.

      "Article V. That all private property, including cattle, horses, negro slaves, or indentured persons, of whatever denomination, that may have been captured by any portion of the Mexican army, or may have taken refuge in the said army, since the commencement of the late invasion, shall be restored to the commander of the Texan army, or to such other persons as may be appointed by the Government of Texas to receive them.

      "Article VI. The troops of both armies will refrain from coming in contact with each other; and to this end the commander of the army of Texas will be careful not to approach within a shorter distance than five leagues.

      "Article VII. The Mexican army shall not make any other delay on its march than that which is necessary to take up their hospitals, baggage, etc., and to cross the rivers; any delay not necessary to these purposes to be considered an infraction of this agreement.

      "Article VIII. By an express, to be immediately despatched, this agreement shall be sent to General Vincente Filisola and to General T. J. Rusk, commander of the Texan army, in order that they may be apprised of its stipulations; and to this end they will exchange engagements to comply with the same.

      "Article IX. That all Texan prisoners now in the possession of the Mexican army, or its authorities, be forthwith released, and furnished with free passports to return to their homes; in consideration of which a corresponding number of Mexican prisoners, rank and file, now in possession of the Government of Texas shall be immediately released; the remainder of the Mexican prisoners that continue in the possession of the Government of Texas to be treated with due humanity, — any extraordinary comforts that may be furnished them to be at the charge of the Government of Mexico.

      "Article X. General Antonio Lopez de Santa Anna will be sent to Vera Cruz as soon as it shall be deemed proper.

      "The contracting parties sign this instrument for the abovementioned purposes, in duplicate, at the port of Velasco, this fourteenth day of May, 1836.

      "DAVID G. BURNET, President,

      "JAS. COLLINGSWORTH, Secretary of State,

      "ANTONIO LOPEZ DE SANTA ANNA,

      "B. HARDIMAN, Secretary of the Treasury,

      "P. W. GRAYSON, Attorney-General."

      REPORT IN THE HOUSE OF REPRESENTATIVES, JANUARY 19, 1848

      Mr. Lincoln, from the Committee on the Post-office and Post Roads, made the following report:

      The Committee on the Post-office and Post Roads, to whom was referred the petition of Messrs. Saltmarsh and Fuller, report: That, as proved to their satisfaction, the mail routes from Milledgeville to Athens, and from Warrenton to Decatur, in the State of Georgia (numbered 2366 and 2380), were let to Reeside and Avery at $1300 per annum for the former and $1500 for the latter, for the term of four years, to commence on the first day of January, 1835; that, previous to the time for commencing the service, Reeside sold his interest therein to Avery; that on the 5th of May, 1835, Avery sold the whole to these petitioners, Saltmarsh and Fuller, to take effect from the beginning, January a 1835; that at this time, the Assistant Postmaster-General, being called on for that purpose, consented to the transfer of the contracts from Reeside and Avery to these petitioners, and promised to have proper entries of the transfer made on the books of the department, which, however, was neglected to be done; that the petitioners, supposing all was right, in good faith commenced the transportation of the mail on these routes, and after difficulty arose, still trusting that all would be made right, continued the service till December a 1837; that they performed the service to the entire satisfaction of the department, and have never been paid anything for it except $ — ; that the difficulty occurred as follows:

      Mr. Barry was Postmaster-General at the times of making the contracts and the attempted transfer of them; Mr. Kendall succeeded Mr. Barry, and finding Reeside apparently in debt to the department, and these contracts still standing in the names of Reeside and Avery, refused to pay for the services under them, otherwise than by credits to Reeside; afterward, however, he divided the compensation, still crediting one half to Reeside, and directing the other to be paid to the order of Avery, who disclaimed all right to it. After discontinuing the service, these petitioners, supposing they might have legal redress against Avery, brought suit against him in New Orleans; in which suit they failed, on the ground that Avery had complied with his contract, having done so much toward the transfer as they had accepted and been satisfied with. Still later the department sued Reeside on his supposed indebtedness, and by a verdict of the jury it was determined that the department was indebted to him in a sum much beyond all the credits given him on the account above stated. Under these circumstances, the committee consider the petitioners clearly entitled to relief, and they report a bill accordingly; lest, however, there should be some mistake as to the amount which they have already received, we so frame it as that, by adjustment at the department, they may be paid so much as remains unpaid for services actually performed by them not charging them with the credits given to Reeside. The committee think it not improbable that the petitioners purchased the right of Avery to be paid for the service from the 1st of January, till their purchase on May 11, 1835; but, the evidence on this point being very vague, they forbear to report in favor of allowing it.

      TO WILLIAM H. HERNDON — LEGAL WORK

WASHINGTON, January 19, 1848

      DEAR WILLIAM: — Inclosed you find a letter of Louis W. Chandler. What is wanted is that you shall ascertain whether the claim upon the note described has received any dividend in the Probate Court of Christian County, where the estate of Mr. Overbon Williams has been administered on. If nothing is paid on it, withdraw the note and send it to me, so that Chandler can see the indorser of it. At all events write me all about it, till I can somehow get it off my hands. I have already been bored more than enough about it; not the least of which annoyance is his cursed, unreadable, and ungodly handwriting.

      I have made a speech, a copy of which I will send you by next mail.

      Yours