The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-12-05

within the time stipulated in the contract and thus TO
recommend m adoption by Congress, on their application,
my predecessor under date OF 9Th OF March, 1859 author
ed the postmastes OF New Orleans San Francisco, Mon
terey, and San Diego to make up and send mail by tns
Vera Cruz and Acapulco line when said communication -
and the contractors are prepared 70 carry na on
the terms Of their contract OF February 10, 1858" In
communicating 20 the contractors this authority 70 the
postmasers he informed them that Il given with
the express understanding that neither this department
the 10 be In any way hold. nor any sy
penses attending such service hr a. ,oylasd in The
contract it is i. 70 congress Is dstermDe whether tbs
IS TO be sanctioned by appropriation TO carry
into effect the pay If any for said service commencing
only in accordance with the terms Of the conracnamey
from the time Congress should raty the contract Thus
the matter stood on the 9Th OF March, 1888.
On the 18th June OF that year the department received
the letter referred in my FIRST annual report II silence
had been observed and the contracting parties had gone
making expenditures without knowledge that It's rat
icaon could not be recommended to Congress they might
have had some preex for complaint After careful con-
sideraton of the subject the conclusion was arrived at
that the route mpractcabe for mail purposes and
that the contract could not meet my appreciation These
being my views deemed it but just TO the contractors
that they should know them and they accordingly
communicated TO them leaving them to determine wheh
they would proceed in their endeayors TO establish the
route and obtain the ratification of the contract by Con-
gess without the aid OF the department. or abandon the
| attempt
Such was the action OF the department and the cause OF
which did certainly interfere with any of the rights
of the Neither the order of the Posmas
ter General of the 18th March, 1853 annued The mail
deemed but proper that the head of the department
should alone determine whether the contractors had pro-
vded the necessary for its safe transmission and
that this power should not be delegated the
postmasers New Orleans San Francisco Monterey and
San Diego therefore directed in the contractors
applied to them for mail to report to the department
tor further instructions"
No instructions required by the postmasers,
any request made by the contractors to deliver
the mails The only instance in which such request was
made that contained in the letter Of H. H. Carmck of
November H. 1853 in which he asks that order be
given permitting him. "as of the contractors to carry
mail this route from California, leaving it optional
with persons send by this way and to designate the
the letter but 1t appeared that the contract had
gone into other hands, 1t not thought that reply was
necessary
In the spirit and with determination not to in
erfere with the contract with anything predecessor
had DONE the letter of the 3oth November 1853 Messrs
Harris and Morgan written. Independently, however,
of these considerations there obligation, either
contractors in the ratification of their contract by Congress
All the expenses incurred at the risk of the contract
voluntarily assumed by them and If they could have
shown that the route practicable and expeditions
represented their contract would doubt have been
confirmed by Congress, and themselves amply indemn-
fed <a## ..## "a |#. -.
Their allegations in their letters to the department that
the road equipped and that they had placed the
mercal cities of San Francisco and New Orleans within
fifteen days postal intelligence Of each other could then
have been corroborad and could such have been shown
to be the case aid from the department necessary
and opposition that could have been made would have
prevented the ratification of their contract by Congress-
AMI the passage of appropriation carry it into effect
I''vo the honor to very respectfully, your obedent
JAMES CAMPBELL.
~ the PRESIDENT.