The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-04

lion ii The Senate. | doubt whether in this form the
matter could be reached, and viii therefore that
Tor the present. this resolution lie upon the table, that
may have opportunity ior some consultation with
other members upon the subject.
The motion was agreed to- EEEs Er 1
EIt al ii II BILLS PASSED. 4 lfk IL fIk 4
The following bills yesterday ordered be engrossed
read third time, aad passed
bill provide for the fertilization Of Ship island. Of
~ bill bill for the s' relief q Herbert H Borsy
IRA DAT.
The Senate proceeded the consider alton Of the BILL
which was Yesterday read twice and ordered be
crossed, for the relief Of Ira Day, OF Vermont
MIR DAWSON. desire TO hear the grounds upon
which that bill is TO be passed.
The PRESIDENT. The bill will be read
The bill was then read.
SO as 10 have it explained how il is that the Postmaster
General mas not fulfilled the contract into which he en-
TT The PRESIDENT. The senator from Vernon, Lsir
Mr. DAWSON did moi hear him.
The report was read
ed is this The Postmaster General whenever be thinks
proper for The interest OF the public grant order for
the discontnuance OF the contract by which the mail Is
10 be carried daily do and should the contractor
go violation of the order OF the Postmaster Gem
era then the Congress Of The United States shall inter
pose between the Post Office Department and the contract
or and sustain violating the order OF the
Postmaster General Now, we have just such Gaze as
that running from point in Georgia to point IN your
Now il adopt this principle there is telling the ex
tent OF the appropriations necessary to be made 10 fulh
the carrying on Of routes against the orders Of the Post
pose. shall sustain the department IN executing the
laws, and in carrying the powers given ny those laws
into effect think it dangerous on the part OF Congress
to inerpose here.
Mr. 6PHAM | am sorry that this bill should NEE,
with this opposition here, at this stage 1t passed to
this point yesterday, after short discussion The
from Georgia to think his duty to oppose
the passage OF this bill upon the ground that It is
dangerous precedent Now do not think there another
like this TO be found in the country know there
great many bills passed here without much foundation
IN law, merely upon the principle OF eqny believe bi
passed al the last session, appropaling some 100000
or $4,000, upon the principles OF equity and usce-to
give this amount to the heirs Of Col Grey. Here is
in which entered into by the govern
from Boston 10 Burlington, Vermont seven days in The
week. certain portion OF the contract fell 70 the peil
tonehat is irem Royalton TO Burlington, distance Of
about seventy miles. II is about two hundred and
thirty miles IRON Boston to Burlington. The mail ran
every day the week from the time the contract was
made in 1888 until some time IN 1884. appears that
about this time the embarrassed condition OF the Post O-
flee Department induced the Postmaster General 10 order
discontInuancenot upon the whole Ioue-but TO or
der the dscoDnuance OF the mail from Royaton TO Bur
lingtonhe last seventy six miles OF the route one day
in The week. This was Observation-Disclosures 10 the
public, announcement 10 the general interest in the mail
matter The it every day in the week
admit that the department has right by the contract to
discontinue one two three days. This contract was
not discontinued because the public convenience did not
require III out appears from Reports
owing TO the condition OF the Post Office Department
the time. This was considered al the time as mere
temporary arrangement tor after the contract OF the ap
pcant expired the Postmaster General ordered 10
every day in the week, and this very contractor
every day in the week, from February 10 July One
seventh OF the sum for which the contract was entered
into WAS withheld from him by the department.
Now is there a senator upon this floor who desires
this TO accommodate the public 10 carry the mail
ciites which thought necessarywhen the
was entered into. Tor nothing l admit that the Post
General right enough in refusing allow the
claim of Mr. Day. because he had given the order the
contrary. admit that this is not legally due But The
question, after all, is, whether 10 not just and equita-
be as between the government and this contractor 10 a.
low this claim that the Post Office has funds. Itshoud
pay him his outlay merely Tor forwarding this mail The
petitioner is in reduced circumstances Similar claims
have been allowed. In other words, claim, stated
Yesterday for IS allowed last merely
upon the verbal report OF the chairman oil the commit
tee 1t a claim under contract to transport the
mail 10 a certain distance in lwo-horse coach, and 10
take the passengers that came from the other routes
He found that The number required larger COACH and
he applied 10 the Postmaster General 10 get liberty 10
run a four-horse coach. But the Postmaster General
declined and told him that he must run the Two horse
coach according 10 the contract he ran four horse
coach, however and got SIS 900 allowed him by vote
of this body. Now, here is case which think is
equally worthy OF consideration. know that the Post
General ordered the mail be discontinued one
day in the week and that he had right 10 do IT. II was
however great inconvenience to all who were Interested
in the mail matter and they urged the petitioner to run II,
and trust to the equity and generosity OF the government,
for his reQulta Ard did any government ever suHeT by
paying literally for services rendered? This govern
ment able to pay for the services that have been
rendered. and do not believe there is senator upon
this floor who desires that that should do for nothing
what he has done do | think il would be setting
dangerous precedent
Mr.. GWlN move that this subject be laid upon
ae S as aks
Mr.. RUSK. This may not be strictly legal claim
under the OF the contract, but it is most clearly
equitable one, and very strongly 80 The reservation
to the length OF the times OF carrying The mails upon
route is common in all contracts, and ought TO
be construed for The purpose OF carrying out the objects OF
the department in supplying the mail when II IS needed
and only The considerations which induced the ih-
seTon OF this arrangement into the contract were not
the which operated TO the dscontnuance OF
the mails between the two points mentioned IL was the
embarrassed condition of the General Post Once Depart
that induced the order for the reduction OF mail
service all the country Now, 10 carry out the
ervaon properly would be TO discontinue the service
on the whole route. But here the dsconnuance was
but tor part OF the rou,en The ceDtreand operates
njuriousy upon both ends OF the route. The individual
who carrying the mail had a stock amply sufficient
for carrying out the contract Yet here part dscon
tinued The mails the ends OF the line reg
continued thus seriously inconv every one
do moi Justify contractor in disobeying the orders of the
department. but this is an extraordinary Here the
mail matter in the centre delayed, and, q matter
of course imposed upon the contractor very serious
and heavy when this discontnuapce took place
Under these circumstances, seems to me that this
very strong, equitable claim upon the United States
There than half dozen Of themparale
to this case where precisely the principles