Report in the United States House of Representatives
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 11th of May, 1835, Avery sold the whole to these petitioners, Saltmarsh and Fuller, to take effect from the beginning, January 1, 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 1, 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 service 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.