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PAPERS OF l\IIRABEAU BUON.\PARTE LA.MAR
1839 under which he was appointed specifies that "the expense incurred on the part of the Commissioner shall not exceed one per cent in the amount borrowed" The date of Mr Reily's appointment was January 28th and he re- ceipted for the Bonds on the following day- He was recalled (at the earnest solicitation of General Hamilton) by a letter from the Act- ing Secretary of the Treasury dated April 13th-a copy 48 of which I send you herewith- The Bonds were subsequently returned and de- posited with the Treasurer, but at what particular time I am not in- formed- though from the length of time required for a communica- tion to reach New Orleans & for the return of the Agent, I presume it was about the first of :i\Iay- J\Iajor Reily has enquired whether under the circumstances he would be entitled to compensation, and if to any, what amount- The At- torney General to whom the subject was referred was of opinion that as the agent was recalled he was entitled to compensation, notwith- standing the agency was accepted under an implied contract that if no loan was effected no compensation should be received- Other agents who have been sent abroad on a similar business have under precisely the same circumstances been allowed at the rate of three hundred and fifty dollars per month, the precedent being furnished by an act 49 of Congress of the 23d January 1839 "for the relief of A. J. Yates"- The above with the accompanying copy of a letter from this De- partment I trust contains the information sought-- I have the honor to be Very respectfully Your Exc>ellency's Obt Servt- Jas. H. Starr P S On exammmg the package of bonds deposited by :Maj. Reily with the Treasurer I find a memorandum on the envelope stating that they were placed there on the 9th of May last-which is probably the date of Mr Reily's return- J as HS [Endorsed] Secretary of Treasury and Copy of Letter to J as Rieley Dec. 24. 1839 No. 1586 1839 Dec. f!5, THOl\IAS J. POWEL, WASHINGTON, TEXAS, TO [MIRABEAU BUONAPARTEJ LAMAR, AUSTIN, [TEXAS] Requesting the discharge from the Regular Army of Shephard Jack- son, enlisted without his parents' consent. A. L. S. 2 p. ••~o. ll05. "Printed in Gammel, H. P. N., Laws of Tea:as, II, 70.
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