Weekly national intelligencer., 1851-01-04

esaolsh dangerous pecedent Many bills passed
without much foundation in law but they are passed mseI,
on principles Of equity believe there was bill pss.sd (,
the last session of Congress giving COL Gray some Eve 3,
six thousand dollars principles of equity and not because
there any law which applied to his claim Here was
contract TO carry the mail seven days in the week the
tractor prepared to perform that work he furnished hmself
with horses and coaches and every thing 10 d
every day in the week. The whole distance Of the line from
Boston to Burlington three hundred and twenty miles and
this portion Of the line which discontinued from Royaon
to Burlington seventy six miles, The contract orri
nay made carry the mail every day throughout the
whole distance, and carried every day from the time it
made in 1888 up to 1884, II appears that the embsr-
rassed condition of the Post Office Department induced the
Postmaster General to order dscont.uance not on the
whole line but only from Royaon Burlington the last
seventy six miles Of the line, for day in the week. This
order quite unexpected the part Of the contractor and
il nconvenient for the public all the men of business
that route and the contractor urged by all of them
continue 10 his coach every day. admit that the Post
Office Department has the right discontinue the running of
the mail two days necessary but this route was not
discontinued because the public interest did not REQUIRE that
it should be kept up appears that it owing to the
condition OF the Post Office Department. and was only
temporary arrangement; for after the conac, with this in
dvdua EXPIRED the Postmaster General ordered the mail 10
carried again every day in the week. and this same person
also afterwards contracted it every day in the week
from February to July and for that service also his pay
withheld,
Now is there Senator this floor who desires that this
person should carry this mail every day when his contract
expired for nothing, when he did for the convenience of
the public and Of the embarrassed condition of
the Post Office Department admit he has no legal claim
admit that the Postmaster General is right because he bad
given the order to discontinue the carrying of the mail one
day In the week; but the question is s il not just be-
this Government and the contractor that now when
Department is solvent and able pay the service he
should be paid for bis outayl No interest asked what
ever The applicant is in reduced circumstances and as
similar claims have been allowed, think ws should allow
this One claim as said of five thousand dollars was al
the last session. upon the verbal report Of the chair
man OF the committee. That contract carry mail
certain distance with twohorse COACH and take the pas
which came on the other part Of the with four
horses and be applied for liberty put four-horse coach
upon the route The Postmaster General objected and told
him he must run coach according the contract
He however, put four-horse COACH and Congress al
lowed him ve thousand dollars for the service he rendered
Now know that the Postmaster General ordered the dis
continuance of the service from Royaon to Burlington for
one day IN the week. But it appears that it gave great
to those interested in the mail natter and that
they urged the contractor he had DONE and
me justice OF the Government. Will any just Government
refuse to pay for such service hope this will not be done
In TINS case This person the mail when the Depart
ment was unable to furnish the funds to pay him. at the so
citation of persons interested and now he only asks for his
pay without interest cannot believe there Senator who
desires that this contractor should thus run the mail for the
United States for nothing.
Mr. RUSk. wish say, simply, that this claim cannot
be considered strictly legal one under the terms of the
contract but is most clearly equitable one, and very
strongly so., The reservation to changing the time Of
carrying the mail any routes very common in all
aci and ought to be construed the purpose of
ing out the objects attempted in supplying mail il it is
needed and only when it is needed The circumstances
which induced the entering into this arrangement in the
contract for carrying the mail between these points,
not the those which existed at the time of its dis
continuance If the reservation had been carried out fairly
the service would have been discontinued for one day the
week through the entire route But this route in the
centre, and operates both ends Of the route The indi-
vldua who contracted to carry the mail this portion Of the
mai IN Tho
contracts but here part of the route discontinued while
on the ends of the line the mail every day. This
was source OF inconvenience every upon the route
Yet do not justify the contractor in going contrary
order of the Department because citizens in any part Of the
country might advise or desire it. This, however, pc
culiar case because the mail would be stopped in the
OF the line Tor one day. Under these circumstances
to me 1t is strong equitable appeal the Congress of
the United States There have been instances perhaps
more than half dozen cases, precisely parallel in which
service has been rendered. and compensation made for IT,
MT. DAWSON. do not like to interfere with questions
Of this kind but wish ask the chairman Of the Commit
tee on the Post Office and Post Roads, whether the
Post Office Department has made Recommendation
to either branch of Congress in relation this particular ap
pcatonwhether they have stated that the public service
demanded that the mail should be carried every day. and
whether was from the embarrassed condition of the Post
Office Department that the Postmaster General had directed
this service I1 to be suspended one day in the week
Mr.. RUSK. The only report from that Department is
that the service was stopped.
Mr.. DAWSON. And there were no other facts, were
there!
Mr.. RUsK. There were not presume the present
POSTMASTER General felt decacy in making statement in
regard to it. the suspension occurred under previous ad
minsraton
Mr. DAWSON. Then, if the proper officers would feel
great delcacy in recommending this notice. think
we ought to hesitate before allow the claim 1t is the
principle for which contend 1t is said that this service was
suspended at time when the Post Office Department in
an embarrassed condition, and that all done in conor
NIFTY TO the contract The question, then, is can nd
vidua claim compensation for injury received when the
Government on its part conforms TO the Suppose
the Postmaster General had discontinued any other mail
vice throughout the United States and other individuals as
well as these who desired to have the mail carried every day
IN the week tor their convenience should take upon
themselves to procure the carrying of the mail every day in
the week. in violation Of order the Department and sub
sequenly should and ask Congress compensate the
contractor for his services How could manage this
great machinery, and what confidence could the Postmaster
General have in any estimate which he may make and lay
before Congress- and how he ask suitable appropra
tons for carrying the nails this principle is prevail II
the principle for which contend and for the amount Of
money involved The Postmaster General had right to
suspend this SERVICE and he did it in conformity with the
powers conferred upon him, and how this party
can have any claim upon Although is said there
pecedents for allowing this claim think they must have
without the consideration of Congress, this did
Tor did not even come to my knowledge yester
day If this question had been presented to me- in relation
to this very point should have given my opinion that
no contractor has right violate order OF the Postmaster
General and then in and claim compensation for his
service, upon principles of equity We here for the
purpose OF revising the of another branch of
we can never carry on the service Of the Government With
economy, with this kind Of clashDg between the different
hovo