Washington City DC July 30, 1839
Sir

I would respectfully call your attention to the claim of Mr Cuningham, and evidence in support of it. and beg leave to ask a reconsideration, hereof, and to state the [deleted: facts] grounds upon which it is asked. Marked A voucher exhibiting the Services performed and per diem allowance amounting in the aggregate to

$437.50

[added: 360.00]

[added: $77.50]

which claim is supported by the deposition of Claimant and the accompanying affidavids [affadavits] of A Battle, and Jas [James] Cuninghammarked B, two of the teamsters which is further corrobarted [corroborated] by the depositions of Maj D R LowreyA A Q M [Quartermaster], at Fort LindsayNC [North Carolina]marked 6. Capt Collinsadmited [admitted] to him that the claimant had performed the services for the ustatesall the evidence proves that the services were performed in the removal of the Indians

1 It is thought probable that this claim should have been referred to the Second Auditor instead of the third as it is for services connected with the removal of Indians

2 The statement of Capt Collinsas to the contract reported to have been made with claimant, is believed that it should be in admissible [inadmissable] unless evidenced by the [unclear: contract] referrd [referred] to claimant thinks it unjust to withold [withhold] from him the money due from the ustatesfor services the performance of which is admited with out [admitted without] even the Bond being produced on which the [illegible] is claimed he alleges he proposed compliance with the request of Capt Collinsprovided he was permited [permitted] to accompany his teams as agreed on when he entered the service

but being a poor man and having to rely on the service of his teams for the support of his family, was unwilling to be separated from his teams, and have them entrusted to the care of a waggon [wagon] master in whom he had no confidence, to travel over a road almost impassable and on which accidents were daily happening referrence [reference] to the price given for teams to supply the place of claimants. it will be seen how much loss was sustained [deleted: by the] in consequence of claimants traveling withdrawn from the service. That sum he is willing shall be deducted from his claim should any appear no loss it is believed Could have been sustained in consequence of detension [detention] of Indians, had they been detained (which he denies that they were) for they arrived at Fort CassTennesseeseveral months before they were required to move west claimant admits after capt Collinsrefused to pay him the amount due he gave the captain some cause of offense by having a writ issued against him from the Inferior Court of Macon Cty [County]NCbut if in that erred he thinks the capt erred as much in refusing to submit to a civil process of the state as he did in having it issued he is willing to admit both done wrong, he hopes his claim[deleted: may] [added: will] be examined on its own merits and that justice may be done him, he alledges [alleges] if the contract referred [added: to] be produced it will be found different from the [deleted: the] description given of it by the captain thereof [illegible] requests that you will have the contract brought before you that it may accompany the papers in relation to the claim as I shall leave for the west

in a few days I have to request your earliest attention to the above

very respectfully your obt sert [obedient servant]
[Signed] Wm [William] H Thomas atto [attorney] in [unclear: part] for claimant

Maj Gen Thomas S. Jesup
[unclear: A Q A]
Washington City DC