The New York herald., 1871-02-10
THE CH0RPENNING CLAIM.
Postmaster CresWeal's Defence
Of His Course.
Letter to Senator Ramsey-Mr Creswell 0rigi.
nally Dismissed tbs claim-The Resolution Of
Congress Compelled His Granting It--No
Concsalment or Haste - Payment Pur-
posely Delayed-Interssting Statements

The following Is the letter OF Postmaster General
Creswell 10 Senator Ramsey, or Minnesota chair
man OF the Post ONCE Committee OF the Senate,
which was referred To In his report, already pub.
]ished on the Chorpenning claim. This report, 1t
Will be remembered, acquitted Mr.. Creswell OF all
blame IN the matter and recommended that the
claim Of Chorpennng be turned over TO the Court OF
CLAIMS, which should be invested with jurisdiction
over the case:-
MR.. CRESwEIL's LETTER.
PoSr OFFICE DEPARTMENT, I
WASHINGTON, ID. Co. tcb. 4, 1871
Hon. ALEXANDEa RAMSEY, Chairman OF the Post
once Committee OF the Senate
MY DEAR sR-ile Senate having referred TO
OF tne resolution OF Congress. approved July 10,
1870, hayo the honor TO invite, at the hands
SoIp ,p, me- Mps, seS % e ~,
claims OF George Chorpenning, anu to request that
no report may be made unu you can confidently
speak as 10 my good or bad faith In respect thereof.
In justification of myself desire to make brief
statement
sented to me, us POSTMASTER General, petition,
wherein he asked for the reversal oil decision made
bJ Postmaster General Brown and Tor an allow ance
Of an addilona OF money in the way OF extra
compensation under the nrs; section OIL the act OF
March 1857. Alter hearing the argument OF coun.
sci gave written decision Oh UcIooer IL, 1862 ad-
verse TO ChorpenninH and dismissed ms pet ZION on
The same ground al that assumed by my predeces-
sors, Messfs. Hot Biair and Randail-naney, that
the case nad already been decided by Postmaster
General Brown, aud should not be disturbed without
further legislation Ihs l declared to be
! final disposition OF the case upon the law as
| 1T then Stood and supposed tnat l should
called upon 10 consider H. But by JOINT resolu.
uon OF Congress approved july 10, 1870. the Post
master General was directed To investigate and
ADJUST, not only the cainls OF Cl0rpenning, under
the drst section oi the act of 1851, on the basis OF
comp ensatlon a!lowei os SAID act for the Regular
service, but also certain other Claim growing out
OF the curtaiment aud annulmenC Oh his contract on
route l2e0l, on tRe basis oI his agreement with the
Dx,sfy fh0r mi
mandatory, and enjol1ed upon me tle laborlvus ana
disagreeaDe task OF investigating and adjusting GER
tain suecined claims. in prescribed manner, at
liked compensation and according To The 'allidavits
aud proofs on die III the House VI Representatives.
N ls5i. was made mere accounting oillcer, and
was charged villa The adjustment or Cnorpenntng's
claims, unoer tue act OF 1884, according TO unater.
4 able and arbitrary rules.
AS soon as aDle j reluctantly proceeded to dis
charge my duty 10 the best OF my abliity The result
OF lly laDors present to you in the form OF re-
| port. IL fully details the manner Of my decision
| and the reasons therefor.
| Having given 10 tine subject the best ability and
study could command, sent lor NJ. ]. n. Davis,
OF the most oprigbt, laborous and competent or
| my sLbordlnates, and submitted TO him my report
for his caeial revision. He returned az the close
| OF the day with but one Objection. HIS point WAS
that had erred Ill allowing or extra services prior
TO the st of July, 1853 at the rate or $3oooo per an
per annuLn. answered that had already carefully
considered that po.nt and was obliged 10 Overrule
dence to the very words oil the law. II, however.
had adopted Mr.. DAVIS suggestion II would have
dollars IN the amount 0. the award.
concluded my oIlicai connection with the case
by formally hling my report III the Department on
the 23d oi DECEMBER last, where IL has ever since
remained, sub ect 10 inspection and examination.
IL was not unti the ltn day OF January that copy
OF It was transmiited to the Sixth Auditor. never
signed any warrant draft order or otaer authority
FOR Its payment, or directed Or requested any other
onicer TO 90 80. On the contrary, sent for Judge
Martin, the sixth Audior and his chief clerk Mr.
Gcure6, ana after telling them OF the magnitude
and character Oh the cian, cautioned them To make
/ IA 4
fore taking any steps ior It's payment. objected 10
its pas ment out oi the regular appropriations for
The postal service, because estimate mad been
made FOR Ii under uny ot lhe heads thereof and in
sisted gnat paid Il al, II seouli be PAID out OF the
general treasury. There was no concealment at
tempt at eeamelt; no effort TO hasten its pay
ment Oh 60 cover up its magnitude 80 Tar rom beng
surprised at the publicity which has been given 10
M report can positively say 1t IS precisely what
expected. Ii the belcf tnat the case would be tho
roughly canvassed alter IL lett my hands took the
time, wii,ch could Ill spare nom my other duties,
to prepare Lie aforementioned report. That report
, was made according 10 my test Judgment, without
fear, iavor aaectlon, and under the operation or
the laws winch lete.el my action, believe 1t to be
correct i | were required to execute the same
again tomorrow, upon the same "ahidavts aud
proofs" could make no change In the award
nave already made.
IL never occurred 70 me that could escape the
performance oi the duty SO clearly enJoined by the
law OF $780, by referring the law Itself back TO Con-
gre5s Postmaster General Brown, In his report OF
| 1857, had called the attention OF Congress TO the
DOUBTS that heset nm IN his efforts to execute the
| law OF the same ye ir, anu numerous efforts have
since been made IN Congress TO prescribe new rule
OF construction or that act Finally the law OF tne
last session was tssed, giving IN unequlvoca tan
guage legislative Interpretation to the act Of 1861,
directly WITH all the previous rulings OF
the Department. and bearing upon its lace positive
command Tor me 10 carry IL INTO effect. l have
J simply discharged my duty, at the same time leaving
every other officer OF the goyernmen,eree to pursue
such course III the matter as his conscience might
Z direct
/ AS no opport NIFTY was afforded for defence in
the House OF Representatives,, respectfully ask that
THIS letter, toge her with copy ol my report upon
| tie CnorpennlnE Claims may be made part Of the
! report o. your committee and be placed upon the
Mes Of ihe Senate. am ony nyeTy truly; ysu. friend
Having Carefully read the foregoing letter OF the
| Postmaster General, certify that statements with
reunng case 10 me Tor revision and my subsequent
Interview VIVA ,. 2, are strictly accurate
1 FEBRUARY l. 1871. JAMES N. DAVIS.
! OrtlCE AUDITOR OF THE TREASURY FORT
! PosT OFFICE DEpARTiENT, Feb. 4, 1871.
Inav5 carefully read the foregoing letter Of the
| I,s master General, and the statement made as TO
| George Chorpenning Is strictly correct
| Mr.. Cieswell objeced 10 It's payment OUT OF the
! regular appropriation for mat TRANSPORTATION aud
in reply lrk that did not see how 1t could
| be paid from former appropriations, In view OF re-
cent legislation lie said that the cu slon OF finding
an appropriation ou OF winch 1t should be paid was
one which must be settled By the Treasury Depart
ment j. NJ. McGREW, Chief Clerk.
/ TO this letter is also appended certificate OF
Judge J. j. Martin, sixth Auditor, attesing the ac
| curacy OF all the statements relating to himself,
| The Postmaster General followed this letter by a
written application TO the committee 20 summon
| George Chorpenning, Hon. John Hill and Hon. John
Cessla to testify as his attitude In The case; but
/ the committee having directed report acqu,tting
! tho Postmaster General OF an censure 1t was
| deemed unnecessary TO comply with his request.
Not one do.lar oi money has been pad to Cnor.
| peRning and never will be now that tue act OF 1870
| has been repealed.