The daily union., 1852-07-04

and there il rule that get behind them, while in
this the merits OF the claim chiefly based upon
the report OF the committee
MIR. BORLAND. Mr. President, before the vote Is
taken, desire 10 stale the ground upon which shall
vote for this bill do not think. sir, that there is any
legal claim, aad do not think that The individual under
The contract has any claim upon the government But
do think that he has rendered services that valuable
TO the country and that he ought 10 be paid for those
services Upon equitable grounds can vote 10 pay HIM,
but yet cannot admit that there is any legal obligation
resting upon the government TO him for the
services which he has performed think some want OF
discrimination has been manifested in the discussions
oil this question, growing out oil the OF the term
I" route"
Now,.sir under the law and our practices OF establish
ing maroltes by acts OF Congress- the Postmaster Cen
era has nothing 10 do with the establishment or dscon
unuance o mall routes; II IS matter 10 be decided ana
directed by congressional legislation But alter routes
have been established by acts OF Congress then u Is al
the discretion OF The Postmaster General 10 contract Tor
services upon those routes 10 modify that service or 10
discontinue the service enely, II IN his opinion II be,
comes improper and useless Ihe postmaster General
cannot enter into any contract with an individual IN refer
10 his discretion to the continuance OF the route,
but he is vested with power 10 discontinue route when
he becomes convinced that the service upon Is useless
The continuance OF the route. therefore, does not make
il binding upon the Postmaster General pay this man
The Postmaster General in his legal discretion did dis
continue the service and by doing released himself and
the government from all legal obligation to pay the full
amount OF compensation agreed upon, and II let no more
legal obligation upon him as representative OF the gov
enment than to pay pro rata for the services rendered
This smy view oil the legality of the questions but as
have already sad the individual did render the services,
the poslmasters continued 10 deliver and receive the mails
according TO the original contract the government re-
ceived the benefit OF his services and therefore think
he ought TO be paid for them am unwilling that The
should receive valuable services from an IN
dvdual and then refuse to pay proper consideration for
them.
The question being then taken upon the amendment
moved by Mr.. Bradbury, il was rejected.
The question being then taken upon ordering the bill
10 be engossed for third eadlng the result wasyeas
30, nays las follow:
YEAS-Messrs Adams Achison, Badger, Bodand,
B coke, Charlton, Clarke, Davis, Desaussnre, Dodge
OF Wisconsin, Foot, Geyer Gwln Hale, James, Jones ol
Iowa. Mallory, Mangum, Morton, Norris, Rusk. Smith,
Soule Spruance, Sumner, Upham, Wade, Walker, and
Welicr-29.
NAYS-Messrs Bayard, Bradbury, Dawson, Dodge OF
Iowa, Hunter King, and Toucey-7.
So the bill ordered to be engrossed for a third
reading Subsequently, having been engrossed, it was
read third time and passed.
BILLS PASSED.
The following engrossed bills were severally read
third time and passed
Bill (S 9l) TO establish an additional land office in
Michigan.
Bill Is 32l) for the relief OF z. F. Johnson.
Bill Is. 22) 10 indemnify South Carolina for money
expended for the OF the United States in the Florida
war with the Seminole lndlan