The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1874-06-03
The ChOrpenning Claim.

w h'hiN'ioNy -'io -N.-sii. Dut
Ter, of Massachusetts, reported from
the Judiciary Committee to-day @
bill TO remit the claim Of Geore c hor.
penning to the Court of Claims. The
committee in their report say that
they have had the memorial of Chor.
penning under consideration, and made
the fullest investigation. The petitioner
and his counsel were before the com
mittee, and they professed entire will.
ingness to abandon any part of the
claim which might appear to be taint-
ed with fraud; they asserted the per-
feet fidelity oftbe petitioner in all his
service as mail contractor; the rea-
sonableness of his demand for COM
pensation and the honesty of his con-
duct in prosecuting his claim.
They challenged the production of
any proof of corruption or undue in
huence with the Postmaster General
in any way, or corrupt motive on his
part. They gave their consent to go
behind the awards back of the act of
Congress and give up their rights
under both if they were corruptly OBJ
tanned. They agreed that the COM
mittee might determine whether JUS
tice had been done to the petitioner
by the Postmaster General, and make
the award conform with the truth if
any part of it was founded on the
false testimony or witnesses or false
facts, or by the suppression Of facts.
Those heretofore known to hold opin-
ions adverse TO the petitioner were
notified by the committee that they
might appear and be heard. But no
person appeared to contravene the
allegations of the memoralists. Ger
tainly, however, silence or absence of
all opposition to the claimant does not
prove the claim to be just and honest
The claim must be made out afiirma-
lively.
individuals having to believe
it false may not have thought it their
duty to volunteer information on the
subject. From the fact that nobody
appeared again st the petitioners, the
committee were not enabled to make
so thorough an examination as to the
details of the claim as it would have
been desirable to do. The committee
say they have examined all tue evil
dence within their reach, and con-
sideration of it eIolves the following
general state of facts;
George ChOrpening was a ccntrac-
tor with the Postoilice Department
for carrying the mails of the United
States. His services began in 1851
and ceased in 1860. He had one
contract for carrying the mails from
Salt Lake to Sacramento and back
for $4,000 per annum, and after
wards another for the route between
Salt Lake and San Pedro for $I2,-
900 per annum. Still later he had a
third between Salt Lake and Placer
vile. We find that his duties under
the two first contracts were fulfilled
in the face of great peril, hardship
and difficulty with energy and fidel-
ity, and at ruinous expense to him
self. AT the. same time he performed
a great amount of extra service cast
upon him by reason of the impassa-
BILE condition in the winter of the
Sierra Nevada and Rockey Noun
tains, the hostility of the Indians,
and the failure CT other contractors.
These services, regular as well as ex-
ira, seem to have been well apprecia-
ted by the Department They were
not only very valuable, but absolute
ly necessary, and so onerous that at
one time when Chorpening, by reason
of repeated depredations by the In
dians, was supposed to be unable to
go on, another person was engaged
to do the same work at compensa-
ton of $4,000 per annum. Contrac-
tors who at the same time encounter
ed Indian difficulties similar to those
of Chorpening, but not so great in
degree, and who were not burdened
with the performance of any extra
service whatever, broke down and
were finally relieved by special acts
of Congress granting them, on two
separate occasions, largely increased
compensation for their regular SER
vice.
Your committee are fully convinced,
upon the evidence, that upon the
merits Of the whole claim of Mr. Choir
penning there is something due him
Injustice and equity from the United
States, but your committee believes
that the ascertainment of the details
of the amount due, and its adjustment
by committee Of Congress, or by
Congress itself, is wholly impractical
bic, not to say impossible, in order to
do justice either to the claimant or
to the United States. Fully convinc-
ed of this proposition, and believing
that the citizen claiming q right or
debt against the Government which
can be established by competent
evidence upon legal principles before
a court ofjustice should always have
recourse to the courts oe his country
to establish his rights, your commit
tee have reported bill to give juris-
dictiOn to the Court of Claims, sub
ject to appeal to the Supreme Court