The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-02
THE POST OFFICE DEPARTMENT AND IT'S CON
TRACTORS

fee Departmental much 80, indeed as to distress
himself with the thought that to remove them the
President may be led to violate the laws he he's
sworn to execute But after all, perhaps the danger
is not so imminent as our worthy friend imagines.
His fears may not be well founded and if not il
will be but an act of humanity to dssipate them
Let us see.
In the absence of appropriations for the postal
service, caused, we still assert, by the factious
course pursued by the republican party in Congress,
it is proposed to give each contractor an official
statement of the amount due him from the govern
ment upon which he may, if need be- realize the
means to enable him to execute his contract. But
this correspondent objects to this arrangement on
the ground that it win fail to accomplish the de-
sired object because the transfer of any such GER
titled account or claim is prohibited by law, and
that it would be absolutely null and void" In sup
port of this assumption he quotes the first section
of the act Goth of February 1883, to prevent frauds
upon the treasury of the United States, which does
indeed, in severe terms, prohibit the transfer as
sgnment @of any claim upon the United States" and
then adds
Now what kind Of security would these audited and
certified be in the hands of third person. when
the law declares that any transfer assignment of any
claim upon the United States and all orders powers OF
attorney other authorities for receiving payment of
any such claim shall be absolutely null and void unless
freely given after the Oaam for IT'S payment has been issued
IA have before said, such audited and certified
counts would be worth in the hands of an as
signee third party than much white paper. 1t is
evident then that mail contractors cannot rely their
certified amounts to aid them in transporting the mail
the LIST of July until the meeting of Congress- unless
moneyed willing to take their honor security
for advances made these certified amounts for the
latter no legal security whatever"
1t happens that the law referred to- soon after its
passage, received construction different from that
now suggested, and that, too, from an official whose
Judgment upon such matters must command the re-
spect of the correspondent himself. At any rate
Mr.. Whitlesey's construction of the statute has
since been constantly followed as we believe, and
it is so manifestly just and proper that mortal
man ever before found fault with it far is known
We presume to express conviction that even
the correspondent alluded to has, as an attorney
drawn money from the treasury repeatedly under
it, without dreaming that he was guilty of doing
a wrong That readers may understand this sub
ject thoroughly, quote at some length from the
circular prepared by the First Comptroller of the
Treasury (NIr. Whithesey) some six years ago. and
al. The word clam has been sometimes used in
vague manner, including all personal demands but
the most general in which it is used and the one
that is most accurate, limits it to demands that dis
puted uncertain in their nature. debt admitted to
be due evidenced by Judgment, bond, pronissory
note bill of exchange, other instrument in writing
the execution and validity of which not disputed is of
a higher nature than mere claim. Uncertain damages
arising from tort or from the violation of contract
constitute claim not debt The rights of American
citizens TO compensation for injuries received from the
French prior to the treaty for the purchase
of Louisiana usually spoken of French claims So
also the claims of American citizens for injuries received
from the government of Mexico prior to the late war;
which adjudcated by commissioners properly
called claims, and had not the certainty and essential
character of debts The claims of citizens to be ndemn
fed for depredatons committed upon them by Indians
properly called claims and could not with propriety
be called debts So pensions and bouptes subsequently,
granted to who have served in though found
ed equitable considerations yet they did not const
tute legal debts and the right to the pension or bounty
granted is but claim, and not debt.
az salary account is not strictly and correctly
speaking claim it is demand of higher nature, and
of o. more definite and certain character than
claim IL constitutes debt SO also an account for any
other services rendered in pursuance of law rendered
under contract made in pursuance of law constitutes
debt, and not claim So also account for ma
teria provisions, and supplies of any kind furnished
for any of the departments of the government in pursu
of contract legally made, constitutes debt of
higher nature than claim But if the party claims
extra allowance beyond what the law the terms Of
che contract give him. founded equitable considera
tons such the difficulty of the service the alleged
hardness of the contract and the insuiciency of the
compensation the amount claimed an extra allowance
is properly claim, and not debt If dispute arises
in relation to the commencement termination of
salary, the annual amount of which is fixed by law and
the accounting officers dsallow portion of the demand
the amount disalowed becomes mere claim SO in
relation to other accounts when the accounting officers
act upon account, disalow of the items lille
gal oyeFcharged and allow the remainder the items
so disaowed lose the character of debt and become
mere claim.
- 49, The dividing line between debts and mere claims
is observed with toerabe accuracy in prescribing the du
ties Of committees in Congress 1t is the business of the
Committee of Ways and Means to bring in bills to provide
for the payment of all debts due from the United States
well for the ordinary current expenses of the gov
ernment and to pay all such claims have been recog
missed by law that committee has nothing TO do with
claims which the laws do not recognise legal and
sting On the contrary claims for uncertain damages
for extra compensations, for PENSIONS and for depreda
tons tepasses and injuries usually referred TO the
Committee on Claims and other committees designated
by the rules to examine report upon and bring in bills
for the payment of such sums the appropriate commit
tee may deem jrst.
" IA. 1t has been customary for salary officers con.
tractors and other creditors of the United States 10
draw orders or drafts on the government which they
gotiae and thus realize the amount due them before
the accounts passed This is often a great conve-
nence to persons living at distance on the Pacific
coast anywhere west Of the Mississippi Salaries arc
paid quarterly but the account for quarter cannot be
passed until after the end of the quarter Heretofore
drafts have been frequently drawn for quarters salary
or for portion of it, and sent here before the end of the
quarter and when so received the account has been