The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-08-24

for the repeal of the resolution of Congress
approved July -, 1870, l have the honor
to invite, at the hands of your committee,
most searching investigation into all the
proceedings connected with the claims OF
George Chorpenning, and to request that
no report may be made until you can con-
fidently speak as to my good or bad faith
in respect thereof.
In justification of myself I desire tc
make brief statement.
On the 22d of September, 1869, Choir
penning presented to me, as Postmaster
General. petition, wherein he asked for
the reversal of decision made by Post
master General Brown, and for an allow
ance of an additional sum of money in the
way of extra compensation under first sec
ton of the act of March 8, 1857. After
hearing the argument of counsel, I gave a
written decision on October 10, 1869, adj
verse to Chorpenning, and dismissed his
petition on the same grounds as that as
sumed by my predecessors, Messrs. Holt,
Blair and Randall. namely: that the case
had already been decided by Postmaster
General Brown. and should not be disturb
edwithout further legislation. This declare
to be q final disposition of the case upon
the law as it then stood, and supposed I
should never again during my term of
office be called upon to consider it, But
by joint resolution of Congress approved
July 10, 1870, the Postmaster General was
directed to investigate and adjust not only
the claims of Chorpenning under the first
section of the act of 1857 on the basis of
compensation allowed by said act for the
regular service, but also certain other
claim growing out of the curtailment and
ny NIL, Of III
on the basis of his agreement with the
Postmaster General for that service. This
act was mandatory, and enioined upon me
vestigating and adjusting certain specified
claims in prescribed manner, at a fixed
compensation, and according to the {: aft
davits and proofs on file in the House of
Representatives in 1857. l was made
mere accounting officer, and was charged
with the adjustment of Chorpenning's
claims under the act of 1857, according to
unalterable and arbitrary rules.
AS soon as able. | reluctantly proceeded to
discharge my duty to the best of my abil-
ity. The result of my labors | presented
to you in form of report 1t fully de-
tails the manner of my decision, and the
reasons thereof.
Having given to the subject the best
ability and study l could command, I sent
for Mr.. ]. n. Davis one of the most up
right, laborious, and competent of my
subordinates, and submitted to him my
report for his careful revision. He return
ed it at the close of the day, with but one
His point was that had erred
in allowing for extra services prior to the
list OF July, 1858, at the rate Of $50, 900 per
annum. | answered that l had already
carefully considered that point, and was
obliged to overule his objection. This I
felt constrained to do in obedience to the
very words of the law. IT, however, had
adopted Mr.. Davis suggestion, it would
have made difference of about 81, 900 or
So. 600 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 ever since remained. subject
to inspection and examination. 1t was
not until the It'll of January that a copy of
it was transmitted to the Sixth Auditor
never signed any warrant, draft, order,
or other authority for its payment, or direct
ed or requested any other officer to do so.
On the contrary, l sent for Judge Martin,
the Sixth Auditor, and his chief clerk, Mr..
McGrew, and, after telling them of the
magnitude and character of the claim,
cautioned them to make a thorough ex-
animation into the whole subject before
taking any steps for its payment. | OBJ
iected to its payment out of the regular
for the postal service be-
cause no stimate had been for it under
any of the heads thereof, and insisted that
if paid at all should be paid out of the gen.
eral treasury. There was no concealment,
or attempt at concealment; no efforts to
hasten its payment or to cover its magni-
tude So far from being surprised at
the publicity which has been given to my
report can positively say it is precisely
what l expected. In the belief that the
case would be thoroughly canvassed after
it left my hands, l took the time, which |
could i'll spare from my other duties, to
prepare the aforementioned report
That report was made according to my |
best judgement, without fear, favor, Or |
and, under the operation of the
laws which fettered my action, believe it
to be correct. If [ were required to ex-
ecute the same laws again tomorrow, up |
on the same "affidavits and proofs" l
could make no change in the award have
already made.
1t never occurred to me that l could es-
cape the performance of the duty so clearly |
enjoined by the law of 1870 by referring
the law itself back to Congress. Postmas-
ter General Brown, in his report of 1857, |
had called the attention of Congress to the
doubts that beset him in his effort to exc
cute the law of the same year, and numer-
1us efforts have since been made in Con-
yress to prescribe new rule of censtruc-
ton for that act. Finally the law of the
last session was passed, giving in unequiv-
peal language q legislative Interpretation
to the act of 1857 directly at variance with
all the previous rulings of the Department,
and bearing upon its face positive COM
mand for me to carry it into effect. have
simply discharged my duty, at the same
time leaving every other officer of the Gov
ernment free to pursue such course in
the matter as his conscience might direct.
As no opportunity was afforded me for
defense in the House of Representatives, l
ask that this letter, together
with copy of my report upon the Chorp-
enning claim 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 & servant.
JNo. A. J. CREswELL.
Hon. ALEXANDER RAMSEY. chairman of the
Post Office Committee of the Senate.
FEBRUARY 4, 1871.
Having carefully read the foregoing let
ter of the Postmaster General, certify
that its statements with regard to the SUBJ
mission of his report in the Chorpenning
case to me for revision, and my subsequent
with him, are strictly accurate.
JAMES N. DAVIS.
Office Of tile auditor of the Treasury
For tile Post Office Department.,
February 4, 1871.
I have carefully read the foregoing letter
of the Postmaster General, and the state
ment made as to his conversation with me
in relation to the claim of George Chorp-
GINNING is strictly correct.
Mr.. Creswell objected to its payment out
of the regular appropriation for mail trans
and in reply to my remark that
did not see how it could be paid from
former appropriations, in view of recent
legislation, he said that the question of
finding an appropriation out of which it
should be paid was one which must be set
tied by the Treasury Department.
]. NJ. MCGREw, Chief Clerk.
Office of the Auditor of the Treasury
for the Post Office Department.
February 4, 1871.
I have carefully read the annexed letter