The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-01
CONGRESSIONAL.
FRIDAY, JANUARY 80. 1862


and considered as in committee oil The whole
Mr.. HUNTER moved 10 strike out the words . To-
geher with the interest thereon from the first day oi july
1897"
Mr.. UPHAM asked for the reading Of the reports and
Mr.. HUNTER. Upon hearing the report am moi
convinced that the principal sdue II seems that hls con-
tractor insisted upon dsehagng this service although me
Postmaster General ordered il 10 be discontinued. II he
had right 10 discontinue for the whole term, he had
right 10 discontinue Tor part Al any rate all mat Inc
contractor could claim would be the right to throw up the
contract altogether He did not do that but insisted upon
carrying IL out, In accordance with his own ideas oil what
was right and proper and 10 crafty those along the road
II we allow that this individual had right TO depart from
his instructions, others would claim the same privilege;
and instead OF paying both principal and interest, am
not certain that we are bound topay either Al any rate
see no reason for paying him interest when we refuse
il in other cases. We had like that before the
Senate not long and the Senate then refused to al
low interest, although, we paid the principal In this
case am not satisfied that we ought TO pay the principal
Indeed think he is not entitled 10 1t.
Mr.. UPHAM. | understand the senator 10 say that he
doubts very much the equity OF this claim. considered
upon It's merits In other words he believes that the
Postmaster General had right TO make this order 10 dis
continue much service upon this route be should
tit In the fret place. this question came before the
10. AT that time had not looked into the contract TO see
what power the Postmaster General had In other words
did not know that there had been change IN the form
of the contract, have now. however. looked into the
matter, and find that in the contracts now made the
Postmaster General expressly reserves TO himself the
right alter the schedule and reduce the amount of the
service under any circumstances, when he deems il adj
visabe 10 do But this contract made in 1888;
and at that time find such clause in the contracts.
The only clause in the contract under which the Post
master General claims 10 exercise that power is in the
words and figures following:
" It's mutually understood by the Contracting parties,
a i a IN hs opnen
OF the Postmaster General becomes useless, or line OF
stages steamboats, shall be established the whole
any part of it, where the mail is carried under this
contract then this contract such part Of IT, shall cease
obe binding on The Postmaster General, he giving notice
oil such and making allowance oil month
pay" "a
Under this clause in the contract the Postmaster Gene.
raj derives all his power over the contract Now what
had the Postmaster General the right 10 do under this
contract In the first place, establishing mail route is
one thing and contracting for the transportation OF the
mail over i quite another This contract provides that
ii any portion of this mail route should be discontinued
by act OF Congress- IT. in the opinion OF the Postmaster
General the mail route should become useless, he might
discontinue it, by giving notice and making one months
additional pay. There is clause in this contract
authorizing him TO reduce the amount Of service con-
aced to be performed the route. There is such
authority reserved in the contract If he has contracted
for 100 much service it is his misfortune He has no righ,
to curai or TO reduce it, SO long the route which
he contracted for the transportation of the mail remains
mail route III II ceases TO be mail route by the action
of Congress, or if he shall discontinue mail route
upon The ground that is entirely useless, then the
tract so far as relates TO that portion OF The mail route
thus discontinued, shall not be binding upon the depart
ment All that he could do under the contract put
an end TO itnot TO curail the transportation under
stand route TO be road way and i is so defined by
Congress makes it mail route By act OF Congress
The Postmaster General then for be
performed upon the route. Under the old form of the
contracts he could not reduce the service from daily
mail to tri-weeky or sem-weekly; but under the
new form oil contracts, commenced ten or fifteen years
ago, there is clause authorizing him TO alter the
schedule IT. in his opinion, the service contracted 10 be
performed is not needed to be performed he may cnrta
and reduce H. II he had authority under the old form Of
contract cuai and reduce the service, why strike out
that clause and substitute another one IL IS very clear
to my mind, and the committee were unanimous upon it,
that under the form OF the contract entered into in 1893,
the Postmaster General could not reduce daily mail 10
r-weekly semi-weeky, or, in other words, that he
could alter the Of the contract He could not
strike of one two or three trips in the week without the
That was the case Of Mr. Dwinal. few days since.
The Senate passed bill giving him $4,000 or $4,000
He had contracted 10 run daily mail in Maine II
ascerained that, although productive for mail-rou,e in
the summer, in winter, when the navigation closed
il unpIoductive. What did the Postmaster Gen
semi weekly No, sir; he applied 10 this man, and in
duced him TO consent TO the reduction 10 rweekly
and promised 10 pay him therefor The question was
submitted TO the discretion OF the contractor and in
vesgaed and passed him bill for l3 900 and up
wards, for the damages he had sustained There was
also in that bill provision for the payment of Interests
but the bill was amended by striking out the interest
But il this report is correct, even in the legal view,
there is doubt about the interest in this case for
the end OF the time OF the contract The Postmaster Gen
eral retained one-sevenh OF the amount due the
tractor III he refused 10 pay when il due to
him, he is much entitled TO the interest upon New
hampshire 10 upon money sne
advanced for the Indian stream war She received The
money time ago and AT this session we have passed
bill to pay the interest We passed bill also, sir, 10
pay Georgia the amount due 10 her; and there, Also
paid interest. Here amount OF money due 10
this individual II was retained by the Postmaster Cen
eral. Sir, call those senators who are opposed TO
ths bill TO show me the authority OF the Postmaster Gen
era reduce the amount oil service contracted 10 be per.
formed upon this mai-roue has never been discon-
Boston Concord, New Hampshire, thence the CAPT.
tai OF Vermont and TO Burlington, the great commercial
depot there, and thence TO Montreal II be
discontinued The report itself shows thai il still
timed mail. route The ground taken is that while
il was mail route, and not repealed by Congress.
declared useless and therefore discontinued by the Post
master General, he could not interfere with the amount
OF the service he had contracted 10 be performed that
route.
That is the legal view OF the case blu, at the last SEES
sion OF Congress, upon equitable view OF il.
IL was considered that inasmuch he had expended
money, and furnished himself with carriages. horses
harness, and drivers, 10 this mail every day
in the week, 10 strike of day in the week. there.
by causing the mail TO lie al Royaton for thirty
hours--he great mail between Boston and Montreal
was not only great inconvenience TO the people but
great loss 10 himself The order was temporary meas
ure, adopted account OF the embarrassed condition OF
the Post Office Department. they not being able to pay for
the service The people having been accommodated by
the continuance OF the mail Notwithstanding this the
Senate, upon grounds OF equity and justice. passed the bill
But taking the other view OF the subject have doubt.
and do not believe legal mind the Senate doubt
after examination that the Postmaster General had no
right to reduce the service.
Mr.. MALLORY. From The report made 10 the Senate
we can hardly doubt that the principal was Justly due
and has been unusy denied and the objection is TO the
interest only And that opportunity is offered,