The daily union., 1852-12-30

like TO know the amount OF the hnes. believe thai unl
der general law the Postmaster General has at this time
full authority 10 adjust these matters. and should like
TO know why ne does not exercise that authority an his
case. #H' 81
Mr. UNDERWOOD These individuals live at no
great distance from ny residence in the Slate OF
kenucky-they live In an adjoining conny, and have
had repeated conversations with them upon this snbiec
and have also conyersed with the Postmaster General
upon H. | will very briefly state The facts: The Post
master General says that under general law now in
torcefor thought. like the honorable senator from Cal
iforna, (Mr WEIER,l that he had the power to remedy
lhls eyhe has the power TO adjust cases OF this KIND
but be is of opinion that he release these paTtc
ular ndiyidaals from the fines imposed upon them for
their failure to carry out these particular contracts
These genemen after bidding upon these routes ia Texas
and having The contracts assigned to them actually went
on file in the proper department They did everything
IN the world they could do 10 put these lines in operation
at lhey had BID ior su they were unable 70 carry out
which they actually found and those which adver
Used was in some from fifty to hundred or more
miles do not now remember the exact difference but
the real distance was SO large in comparison with The
distance advertised that il manifest that they
could accomplish their contract They hAd bidAs0A
the faith OF the advertisement published by the Post
Office Department But when they found the ual dis
tance to be much greater than the advertisement led
them suppose IL would be they obliged to fail TO
put into execution their for these Texan routes
They had bid for and obtained contracts for carry
ing the mails over some routes in Kentucky and those
funded 10 them is the money which the Postmaster Gen
eral detained from the amount due them for the execution
OF the contracts which they did comply with, 70 pay the
fines which he imposed upon them for putting into
operation all the contracts they bid for and obtained The
Committee the Post Office and Post Roads, the Sem
ate will perceive by the bill, upon being shown this
tual difference in the distances have thought proper 70
release them from the fines thus imposed upon them, and
the money be refunded TO them If this bin passes Ia the
money which they have earned for executing the work
which they have actually performed f .sa .ags
cannot be specific in my statement, not having
looked at the distances since the last session OF Congress
it Is necessary that should state the precise difference
IN the distances then this matter must lie over until
obtain the information can only state 70 the Senate at
present that the lines have been imposed because these
individuals did not put into operation the contracts which
were assigned 10 them n regard TO these routes in Texas
The department has retained money Tor these fines, which
II is absolutely necessary for them to havefO they are
poor mer-to enable them TO go and fulfil their con-
tracts upon other lines The simple question s will the
Senate, where mistake Of this sort has been made and
individuals had bid upon the faith OF the advertisements.
under the expectation that they would be able 10 fulfil their
contracts, enforce the fines which have been imposed
upon them for failing TO do that which they found Them
selves unable to accomplish ea saoU
Now wish to be perfectly candid and state all the
facts In this case The advertisement which the Post
master General caused 10 be published did state upon
lis face that bidders must take IN reference to the
bids that they put in. But these individuals told me.
in conversations which had with them that although
they noticed this thing, which perhaps strictly
required of them-that is to inform themselves as
10 the length OF the routes for which they made
bids-yet they had found that the distances given q
Tor the length OF routes IN kentuckyfor have be,
fore said these individuals bid for great many routes in
D
tor routes IN Kentucky were generally SO correct where's
they were aequainted and about which they did know,
that they supposed the distances given in the advertise
menis were equally correct far the routes Texas
were concerned But upon visiting Texas for the purpose
dssScs: sis % Hei they iosnd
bad bid for that 1t impossible Tor them TO execute
their contracts according TO their bids The amount de-
tanned from the due them upon the contracts they
have fulfilled is some 800 $500 year since their
contracts taken They have not been able 10 fu6i
these contracts in Texas and need this money to enable
o
men. Iedayed in circumstances, and are absolutely in
need OF this money. The amount detained from them is
some $500 or $500 more annually, and amounts alto
gether TO some 81 if00 or 81 500. That sum has been
taken of their actual earnings, merely TO satisfy the
the Senate will extend them the relief this bill proposes
or not t LES
Mr. ADAMS. The Congress Of the United States has
established precedent somew hat similar To this
But do understand his BILL the statement OF the
facts in This made by my friend from Kentucky,
lMr UnDERwoopl 10 come up exactly TO the precedent
be recoected, abandoDed-not because the parties
not able comply with the terms Of their contract.
bu! because hey hey could not make money uponi
Mr.. WALKER, ln his seat) Because they did not
make money enough. ~ tss
Mr., ADAMS. / do not know how that mag be- The
argument was, that they gave up because they could
not make money, and the Senate and the House oil r.
wesenalives relieved them simply upon that ground
Now, if ms friend from Kentucky had shown that these
men could not carry out her contract withou, losing
money, he might have cited The precedent that bavere-
ferred TO- III he can do that will vote for bis bill mot
that in favor OF the relief given 10 the Collins line,
but as it has become precedent unwilling TO have
il operate in favor OF the rich and against the poor
would suggest, however TO my friend from Kentucky
slight alteration in his bill He states that the routes
ad dyersed not so long they actually found
to be and although these individuals were put upon
their guard yet they did rely the advertisement and
deceived. Now il the bill could be changed as 10
provide that this relief should be extended these
If should be ascertaned that the actual distances
greater than they advertised 10 be, Think the JUS
tice of the claim would be apparent and will then
vote for il very cbeeriully. ~
Mr.. RUSK | hope this bill will pass, and that the
honorable senator from Mississippi MIR. ADAMs1 will
withdraw his opposition TO it, had occasion TO nvesti-
gate this claim and found that il utterly impossible.
number OF bids that made and accepted where there
failures carry contracts ALL enforce any
claim against the bidders the law exists this time.
Now II to that If our laws detective that
those who do not comply at all with their contracts,
have claims enforced against them, II is time some
thing should be done by Congress | know OF instances
where have myself endeavored 10 enforce the law but
unable 10 do so And il has been in hundreds of
other But the law has been enforced upon these
men, whom the bill proposes TO relieve because they
have entered into contract With regard 10 routes The
State OF Kentucky which they have faithfully executed.
and the department has been enabled TO enforce claims
against them by keeping back what due them for the
duties they thus performed They have had opPoftu
nifty TO defend themselves at law, because suit has
been bro ught against them by the department. but the
claim against them has been enforced through order
from the Post Obce Department. retaining The pay due
them for their services upon other routes Under such
circumstances Al seems TO me Too small matter Tor this
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