324
TEXAS STATE LIBRARY
should be punctually delivered at the time agreed upon. He· then went into Texas for a short time, without any view of attempting to locate the script, !mt to take a view of the country generally, which he said he had long intended, and would return to England directly after. He returned to this country and I saw him again. He said that while in Texas, he had made enquiries with respect to the script, and told me, that one gentleman, to whom he had shewn the script, said to him that it was "good for nothing". I told him that whatever others might have said to the contrary, that this was in itself sufficient to put him on hi8 enquiries as to the script, and reminded him of the terms on which he had purchased it. He afterwards came to me and wished to purchase more of the script on the same terms as to responsibility, but said that as he meant to make terms with the Government at all events, as to the settlement of the script, and was taking more, he wished to have the additional quantity for less, and renewed all his promises of sending the whole amount in flour for the Texian army as stated above, and then I gave the rest of the script to him for less. I told him I would endorse it as I had the other script, he said he would prefer taking it without the endorsement, as ·the explanatory part of the endorsement seemed to do him no good, but if I did not endorse it, I would not be responsible in any way, and that he agreed to take it as before, at his own risque and enquiry, and without any responsibility on my part. ·But in another instrument of writing he agrees that he had taken all the script at his own risque and without any responsibility by me. In the last transaction he transferred to m~ two other negociable notes on other persons for a comparatively small amount of the whole Rum. Mr Ikin's notes, payable at bank, amounted I think to about thirteen thou- sand ·five hundred dollars dated in September 183G and were made to relate to both sales, and the other to I think a little upwards of two thousand dollars; of the amounts I cannot be exactly accurate, as I have .been confined for about six weeks past to a sick bed, and cannot conveniently refer to them, and wish to reply at once to these resolu- tions. Mr Ikin shortly after returned to England, and on or about the 26th. Octr. 1836 I set out for Texas, and on my way, at New Orleans, left the notes of Mr Ikin, payable at the Bank of Louisiana, at New Orleans, with Messrs Herman & Son of New Orleans, as my agents, for collection. I expressly informed those gentlemen that they might ex- pect the flour according to the terms of my agreement which I stated to them. I instructed them to forward the flour immediately to the gov- ernment of Texas, to deliver up to Mr Ikin or order his notes upon receipt of the flour, .whether it arrived according to the time or after, o_r whether in part or in whole, and that if any questions arose of any kind, I gave Messrs Herman & Son full power to compromise and settle the matter according to their unlimited discretion, but at all events to see that the flour was forwarded to the Government of Texas. All which they agreed to do. But if the flour should not ar;ive, to collect the money at bank when it became due. The notes were left until they became due, and protested by Messrs Herman & Son __as my agents, at the bank, and the flour was never in part or whole sent, or in any shapP for the discharge. of these notes or otherwise. Of the expected arrival of this flour, General Houston, then President of Texas, was informed by me, as also of the expected arrival of a Maltese Bark and Brig of
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