The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-02-09
THE CHORPBNNING CLAIM.

senate Post office Uommittee.
The following concise aud convincing letter
of the Postmaster General is made by the Senate
Post Office Committee part of their report in
the case of Chorpenning;-
POST OFFICE DEPARTMENT WASHINGTON, D. C.,
Feb. q, l67l.-Ilon. Alexander Ramsey, Chairman
OF the Post Ofice Committee OF the Senate-My
Dear Sir:-The Senate having referred to your COM
mittee the House resolution for the repeal OF the
resolution OF Congress approved July 10, 1870,
nave the honor TO invite at che hands OF your I'M
mittee NEST searching investigation into all the
proceedings connected with the claims OF George
ChOrpenDinR, and to request that no report may Oe
made until you can confidently speak as to my good
or bad faith in respect thereof
In justification Of myself desire TO make brief
ON the 9qd of September, 1862 Chorpennng pre-
sented to me, as Postmaster General, a petition,
wherein he asked for the reversal OF decision made
BY Postmaster. General Brown, aud for allowance
compensation under the first section OF the act OF
March 8, 1851 After hearing the argument of
counsel ! gave written decision OCTOBER 10.
1869, adverse 10 Chorpenning and dismissed his
petition on the same ground that assumed by
my predecessors, Messrs Holt, Blair, and Randall
namely that the case had already been decided
by Postmaster General Brown, and should MT
be disturbed without further legislation. This de-
clared TO be final disposition OF the upon the
law as 1t then stood, and supposed that should
never again during my term ONCE be called upon
TO consider IT, But by Joint resolution or Congress
approved July Is, 1870 the PostmasterGeneraj was
directed TO Investigate and adjust not only the
claims OF Chorpeunng, under the first section OF the
act of 1851 the basis OF compensation allowed by
said act for the regular service, but a'so a certain
other calm growing out of the curtailment and an
rulment OF his contract on route l2,90l, IN the
basis Of his agreement with the Postmaster-4
for that service. This act was mandatory, aud en-
Joined upon me the laborious aud dlssgreeaoe task
claims in prescribed manner, Mt ixei com pensa.
ton, and according to 1.-The alidavits and proofs
file in the House of REPRESENTATIVES" in is51 was
made mere accounting officer and charged
with the adjustment OF Chorpenning's claims, under
the act OF 1851, according to uuaterable and arbi-
nary rules
AS soon as able, reluctantly proceeded to dis
charge my duty, to the best of my ability The re.
a
report. IL fully details the manner OF my decision
and the reasons therefor.
Having given to the subject the best ability aud
study could command, sent for Mr.. ]. n. Davis,
OF one @ OF inc most Upright IaOGro1s q anh competent
for his careful revision be returned it at the close
of the day with but one objection. His point was,
that had erred in allowing for extra services prior
to the 1st OF july 1S53 at the rate OF 100000 per
annum, rather than at the old contract pr ,e of
$4,000 per annum, / answered that hal already
carefully considered that point aud was obliged to
overrule his objection This felt constrained to do
in obedience to the very words Of the law IT. how
ever, had adopted MIR. Davis suggestion 1t would
have mace difference OF about four five thou
sand dollars In the amount of the award.
concluded my Official connection with the case
by formally filing my report in the department on
the 23d of December last, where It has since
mained, subject to inspection ana examination.
1t was not until the 1th day OF January that copy
OF 1t was transmitted to the Sixth Auditor. never
signed any warrant, draft order other authority
for its payment or directed requested any other
officer to do So On the contrary, sent for Judge
Martin, the sixth Auditor and his chief clerk, MIR.
McGrew, and after telling them of the magnitude
make thorough examination into the whole SUI
ject before taking any steps for its payment. Ob.
jected to its payment out OF the regular appropra-
tons for the postal service because estimate had
been made for it under auy OF the heads til areof,
and insisted that II paid at all it should be paid out
OF the general treasury. There was no concealment
or attempt at concealment no effort to hasten Its
from being surprised at the publicity which has
been given to my report, l can positively say
BELIEF hat the case would be csn
vassed after it left my hands, took the time, which
the above mentioned report. That report was made
according to my best u l9ment, without fear, favor,
d S ana he 70 G m e
If were required to execute the same laws again
tomorrow, upon the same ''afidavits aud proofs; =
could make no change in the award have already
made.
Itnever occurred to me that could escape the
performance OF the duty so clearly enolned by the
law OF 1870 by referring the law Itself back to Con-
gress. Postmaster General Brown, in his report OF
1851, had called the attention of Congress to the
doubts that beset him in his efforts to execute the
law OF the same year. and numerous efforts have
since been made In Congress 10 prescribe new rule
OF construction for that act Finally the law OF the
last session was passed, giving in unequivoca Ian
guage legislative Interpretation TO the act OF 1885,
directly at variance with all the previous rulings of
the Department and bearing upon its face positive
command for me to carry It into effect. [ have
simply discharged my duty, at the same time leaving
every other officer of the Government free to pursue
such course in the matter as his conscience might
direct.
As no opportunity was offered me for defense in
the House OF Representatives, 4 respectfully ask
that this letter, together with copy OF my report
upon the ChOrpenning claims. may be made a part
of the report OF your committee, and be placed upon
the files of the Senate.
am, very truly, your friend and servant.
JOHN A. j. CRESwELL-
Having carefully read the foregoing letter of the
Postmaster General, certify that its statements
with regard to the submission of his report in the
Chorpenning case to me for revision and my subse-
quent interview with him, are strictly accurate.
Feb. a. 1871. JAMES n. DAVIS.
OFFICE OF THE AUDITOR OF THE TREASURY FOR
The Pos OFFICB DEPARTMENT. Feb. 4, 1911 Il have
carefully read the foregoing letter OF the Postmaster
General, and the statement made as to his conver.
sotioL with me in relation to the claim OF George
Chorpennng is strictly correct.
Mr.. Creswel objected to its payment out OF the
regular appropriation for mail transportation and
In reply my remark that did not see how 1t could
be paid from former appropriations, In view OF re
cent legislation he said that the question OF finding
an appropriation out OF which it should be paid wa
one which must be settled by the Treasury Depart
ment j. M MCGREw, Chief Clerk.
To this letter is also appended certificate o
Judge j. j. Martin, Sixth Auditor, attesting the
accuracy of all the statements relating to him
self.
The Postmaster-General followed this lette
by written application to the committee Il
summon before it Hon. jeremiah s. Black
George Earle, George Chorpenning, Hon. Johl
Hill and Hon. John Cessna to testify as to hi
attitude in the case; but the committee havin
directed a report acquitting the Postmaster
General of all censure, il was deemed unneces
sary to comply with his request.
Not one dollar of money has been paid {
Chorpenning, and never will be now that tn
of 1870 has haan reDealpd.