Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1872-10-24

part of his claims until all the testi-
mony, together with tie written ar
guments of counsel and a printed
brief of the whole case, should be re
gulariy filled in the Department.
When l came to interpret these
two acts of Congress found that ]
was directed by the plain words ol
the law.
=, ]. TO allow pro rata increase OF conpcnsa.
ton Tor the distance ny San Pedro for the ser
Eastern mail as was carried by California dur.
formed. 70
,. To connne myself in making such allow
nccs TO the aiii'lavits and proofs on file IA TIT
house oil representatives; and,
Chorpenning. unde erthe first section of the arI
OF 1877, on the basis of the annua' cumpen,a.
Lion Of $50.oOO for the regular service.
can net better present my action
in execution of the law of 1870 than
by reading the following letter, to
Sether with the certificates thereto
appended:
PosT OFFICE DEPARTMENT
wAsnIsGros. ID. e., February, Ith, 1871.
My DEAR IR: The Senate ha, ing rcfsrr.d tC
peal OF the resolution of Congress approved
July Is, lsI0. have the honor to in yite at Tho
hands OF your committee. II most searching
investigation into all the procee 'ings connected
with the claims Of Geo. &c Chorpenning and u
request that no report maybe made until you
can confidently s,eak rs TO my good or bad
faith IN respect thereof.
In Justification of myself dcs ire to make q
brief Statement.
On the s7d of September. 1859. Chorpennine
presented to me. Us Postmaster General. petit.
liOn, wherein he asked lor the reversal Of de.
cision Made by Postmaster General Brown, and
Tor an allowance of an additional sum OF mor ey
in the way OF c xtra compensation under Tie
first section OF the act of March 8, 1851. Aftei
hearing the argument OF counsel. 1 gave Z
ChSrpenning, and dismissed his petition on the
same ground as that assumed by my predeces'
sofs. Messrs. Holt. Blair and Randall. namely
that the case had already been decided by Post
master General Brown, and should not be dis.
turbed without further Legislation, This de
! clured 10 be Il tnal disnosItion of the upon
the law as II then stood. and supposed should
never agIin during my term Of oilce be called
npon 20 consider IT. But by u joint resolution
Oh Congress approved July 10, lsTO, the Post.
master Genera was directed to investi late and
adjust not only the claims OF Chorpenni x un-
der the first section of the act OF 1857 the ba
Sis Of compensation allowed by said act for the
REGULAR service, Due also q certain other claim
rowing out o the curtailment and annulmeni
oil his contract on route Il sol, on the basis nc
his agreement with the Postmaster General loI
that sefyice- This act was mandatory, and ell
Joined upon me the lIborious and disa ,reegGle
task oil lnve~tiSaling ami adjusting certain
spevineu eirims ia a prescribed manner. ut q
liked com psnsatioy. aud according to the ''s,ii
davits AMI proofs ON file ia thu House oil Repre-
.sentatve>" IN 1851. 1 was ade a mere &C
counting oihcer, aud was charged with tn all
jus stnment OI Chorpenuings claims under the
vet oi 1895 according to unalteraUl- and arbi-
trary rules.
As SOON able, reluctantly proceeded to
disoiaI sc my duty TO the best o fmy ability. The
result ofIny labors Ipre>ent 10 You in sne form
Of repot. 1t fully details the manner oil my
u.sl ElNlna aNdN Nh.sN h..U.
Having given to the subject the best ability
and study l c 'uld command, sent fo: Mr. }. n
Davis, one OF the most upHs"t, laboricus, and
competent OF my subordInatSs, and Submitted
To him my report for his careful revision. He
returned il at tine close of the day with but one
objection Ills point was that bad erred an
u lowing for extra services prior to the lst oil
July 1853, ut the rate Of s3o,oo0 per annum
answered that had alre.Iuy carefully consider
ell that point: aud was obliged to oyerrule his,
objection. This felt constrained to do in obe-
dicncc to the very words of the law. IT. how
ever. hak adopted Mr.. Davis suggestion il
wouik have made a difference oil about ZOO OF
5000 in the amount of the award.
lconcludcd my Official connection with
the case 10y form lily filling my report IN the de
partment ON the PSI OF December last, where
it has ever since remained subject to inspection
aud examination, 1t WAS not until the It'll OF
JANUARY that COPY of it Wa transmit itted to the
sixth Auditor. 1 never signed any Warrant
draft, order, other authority IOr Its pay
ment or directed OF requested any other oinccr
TO do So On the contrary. 1 sent Tor Judge
Aaftlh IHe SlNtn AuuitOr anu MS cnfeI CLERK,
Mr.. Nc Grew. and, after telling them OF The
magnitude and character oil the CLAIM, caution
cd tnem to make thorough examiuation into
the whole su ject before taking any steps for its
payment. objected to its pay ment out of the
regular appropriations for the postal service
Deeanse no estimate had been IN lde for IL under
any OF the heads thereof, and insisted that if
paid at all it should be paid Sut Of the general
treasury. There was no concealment, or at
tempt ut concealment; no effort to hasten its
pay ment or to cover up Its magnitude, 80 far
from being surprised at the publicity whca ha,
been given TO my report, can positively say II
Is precisely what l. expected. In the belief that
the case would be thoroughly canvasscd aiter It
lett my hands, took the time which could il.
spare from my other duties, to prepare the
aforementioned report, That report WIS
made according to my best judgment, without
fear, favor, or affection, aud un,ier operation
the laws which fettcre,t my action. 4 believe it
to be correct. III were required to execute the
same laws again tomorrow, upon the same
'atiidavIts and proofs, /" could III ke no change
in the award have already made.
1t never occurred to me that could escape
the performance of the duty 50 clearly enjoined
by the law of iSi0, by referring tile law itself
back to Congress. Postmaster General Brown.
in his report oil 1857, hal called the attention
of Congress to the doubts that besct him in his
effort to execute the law of the same year, and
numerous efforts have since been made in Coz =
for that act. inally the law OF the last session
was passed, giving In unequivocal language .
legislative Interpretation to the act of 1851 di-
rectly at variance with all the previous rul-
lace u Ositive cdmmand Tor me to carry il into
effect. have simply discharged my duty, at
the same time leaving every other officer of the
Government free to pursue such u couIse in
the matter us his conscience mi ight direct
As no opportunity was afforded me for de-
Tense in tue house Of Representatives, 1 re-
speetfully ask tharthis letter. together with 4
copy OF my report upon the Chorpcnning claim
may be ma de "A part Of the report oil your COM
mittee and be placed upon the files oil the SEN
ate
am, very truly, your friend AID servant.
JNO. a. J, CRESwELL.
Hon Alexander Ramsey. chairman oI The
Post Office Committee of the Senate.
February 4, 1STl,
Having CAREFUL read the foregoing letter OF
the Postmaster General, I cerriTy that Its
statements with regard to the subm Is sion Of his
report in the Cbor iJenning case me for reyis-
ion, and NV subsequent inteTy lew with him
are strict accura e.
JAMES y DAVIS