Western courier. [volume] (Ravenna, Ohio) 1837-1838, 1837-07-13

the present TOSLmaSter Oeneral came IN
TO the Department. Though this part of
it had not the plea of having been allow
ed by the former Postmaster General, and
suspended by the undersigned, nor of be-
ing based on any contract, legal or illegal,
on which pay had been suspended, and
though it was charge of extra coaches,
exceeding the pay for full daily line,
on road where the claimants We're bound
and were paid to run at least two daily
lines more than they did run, yet this
claim was revived, construed to be within
the Solicitors jurisdiction, and finally al
lowed, thus adding more than the pay Of
a sepenM daily four horse post coach line
on the Baltimore road.
1t is hence apparent, that there was
not only 10 /" contract" in this case, but
that there was also no "extra service"
performed on this road, the service rem
dered being much less than the contract
ors were bound to perform, and were paid
for performing, under the regular con-
tracts.
The remaining portions of the award
not executed, are allowances amounting
to $6,s93 93, "for interest on current
pay withheld"
On adverting to the award it will be
perceived that on this point it appears to
have departed from the law altogether.
In the first place the act of Congress
confers on the Solicitor power to adjust
and settle certain claims for extra SER
vices,' and not claims for damages or in
terest for the failure of the Department
to settle and pay those claims.
Nothing is believed to be better estab-
lished in the Government, than that act
of Congress, authorizing the equitable
settlement of claims for services, does not
authorize an allowance for interest, unless
1T be expressly so stated. Noting is bet
ter established in the courts of justice,
than that interest cannot be allowed in or
dinary transactions before the liquidation
of the amount due, by settlement and
adjustment of the accounts. Where that
settlement has to be made by the court, in
terest is never allowed to commence be-
fore the date of the judgement. In this
case, the Solicitor was authorized to take
testimony and actually did so, to enable
him to inquire into and determine the
equity of the claims for extra services;
and he was directed, 'upon full exam
inationofr All The evidence 10 settle and
ADJUST those claims, and to make to
them such allowances therefor as may
seem right, according to the principles of
equity The claims, therefore, were
yet to be liquidated, and the Solicitor had
no authority by the special act, and no
color of authority by the law of the land
regulating the adjustment of private ac-
counts, to make an allowance for inter-
est.
The award does not even profess to
make an allowance of interest upon the
claims liguidated, but 'upon the current
pay withheld How any rightful juris-
diction could be obtained over matters not
even mentioned in the act from which
the Solicitor derived all his power, it is
not easy to perceive. There were nu-
merous contractors from whom current
pay was withheld about that time, from
the inability of the Department to meet
all demands against it. AS well might
the Solicitor have assumed jurisdiction,
under the act in question, TO allow them
all interest, as to allow it to Messrs.
Stockton and Stokes. The Withholding
of current pay, or the cause of it, or the
consequences of it, were matters with
which he had nothing to do. He was au-
thorized only to settle and adjust the
claims of the parties before him for ex-
ira services not claims for damages or
interest for Withholding current pay.
But if he had authority to allow inter-
est on current pay withheld portion
of the allowance made by him would still
be illegal. The allowance is made to
commence from the end of the first month
after the close of each quarter; whereas,
By the cypress terms Of the contracts, the
Department had the whole of the second
month in which to pay its quarterly dues
to contractors. The clause in the con-
tracts relative TO payments, is in the fol-
lowing words, viz:
"The said Postmaster General cove
nants with the said contractors to pay as
aforesaid, for the carriage of the mail as
aforesaid, a. the rate aforementioned,
quarterly, in the months of May, August,
November, and February"
tits obvious that if the. Postmaster Cen
eral pays at any time acithin those months
he fulflls his contract; and that upon no
principle which has been recognized even
in private transactions, would he be bound
to pay interest on the quarterly dues with
held, until the first days of June, SePtem-
ber, December, and March. Yet has in
terest been enormously allowed from the
first days of May, August, November,