The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1877-07-14
THE CHORPENNING CASE.

The following letter, addressed "
George Earle, Jr, to the Baltimore
" American" in relation to the celebrated
Chorpennng case will be read with
interest. No defense of the characters
of Mr.. Earle or Mr.. Creswcll is needed
in old Cecil, as all know them to be
honorable, heightened gentlemen, whose
characters are far above suspicion. We
copy the letter more because it gives Il
clear brief history of the Chorpenning
case, than for any other reason:
700 NINTH STREET, NORTHWEST,
WASHINGTON, ID. c., July, ), 1877. J
g. G. Fulton, Esq, Editor Baltimore
american, Baltimore, Maryland:
SRI noticed in the editorial columns of
yesterdays american an article headed
g MIR. Creswell,' in which you allude to
my father, George Earle, Esq.-formerly
the law partner of Mr.. Creswell-as having
been counsel for party who was endeavor-
ing to perpetrate fraud upon the United
States, or (as you expressed it) as having
"had charge of claim - which was ga
palpaJle and unmistakable attempt to de-
fraud the Government, viz: the Choir
penning claim.
And in this mornings issue Of your paper
you endorsed an article which recently APP
peared in the New y ork San entitled :" The
End of the Chorpenning Claim by repub-
fishing it in full, which article, while pro
Tossing to give history of the case, is
do fol anl
calculated to deceive.
You have, on previous occasions, made
similar reference to Mr.. Earle, and in so
doing have gone outside the legitimate
bounds of journalism and traduced private
character which you know to be without
bemish, in order to crafty your personal
malice towards party whom you consider
political enemy.
The Chorpenning claim is not fraudulent
in any particular, and you very well know
that if it was George Earle would be the
last man to represent it or urge its payment.
Mr.. ChOrpenning in 1851 contracted with
the Post, office Department (Which he was
perfectly competent to do) to carry the
mail between Sacramento and Salt Lake
City, across an entirely new and unopened
country, distance of nearly one thousand
miles. The service, although attended by
untold difficulties and dangers, was per-
formed. Before the contract expired the
route was changed whereby it's length was
increased some six or seven hundred miles
each way.
In addition to this the contractor was
required to perform extra service by car
rying the mail from the Eastern States for
Salt Lake City, and the return from Salt
Lake City for the East. This mail should
have been carried over the direct route
between Independence, Missouri, and Salt
Lake City, as provided for by another
contract, but owing to delays occasioned
by snow in the Rocky Mountains it was
shipped via the lsthmus of Panama to
California and forwarded over Chorpen
nings route.
Chorpenning was thus compelled to per-
form another contractors work, whereby
his own work and expenses were increased
near fourfold.
These extra services, although not con-
templated ty Chorpenning's contract, were
actually performed, and were accepted by
the Government, and Congress, with full
knowledge of all the facts in the case and
while the claim was comparatively new
directed the Post Master General to audit
and settle the claim, "allowing prorate
of compensation for the increase of dis
mail as was carried by California; Choir
penning's claim for the compensation due
him under this act Of Congress March 5,
1857 constitutes one branch of this 9" stu
pendous fraud"
When extra services are rendered 10y one
party to contract, under the instructions,
or with the knowledge and CT nSent of
the other, which extra services are accepted
where is the lawyer or man of business
who will deny that the law implies an OBJ
legation on the party benefited to pay
reasonable compensation for such extra
services?
The other branch of the case is, if pos
siple, even stronger than the first. 1t
arises under another contract, between the
same parties, to carry the mail between
Salt Lake City and Placerville for four
years, at an annual compensation of $780,
600 for weekley trips through in siAt zen
days, or at 100000 for weekly trips
through in twelve days. Under this con-
tract, Chorpenning was required to carry
the mails in covered wagons or coaches
drawn by four mules or horses. In COM
plying with an order to prepare for the
twelve day service, he actually expended
several hundred thousand dollars: he
stocked the route with coaches, furnished
the best mules aud horses that could be
purchased; graded roads, built bridges, and
erected station houses at intervals of
twenty to thirty miles along the entire
route of between 700 ard 800 miles in
length. In short, he opened that country,
much of which had never before been
traversed by white men, and many of the
hills, mountains, valleys and streams bear
to this day the names which he gave them.
He commenced the twelve day service,
which was contracted should be done for
$4,000 per annum, but was paid at the
rate of only $4,000 and that at irregular
intervals. At the end of one year, and
without other cause than the failure Of
Cong ress to pass the Post-otiice appropria
ton BILL the Postmaster General curtailed
the service to an extent not anticipated by
the contract, and reduced the compensation
to $4,000 Notwithstanding the financial
embarrassment caused by this act of the
Department, Chorpenning continued to
perform his part of the contract in good
faith and to the very letter, until, about
the end of the second year, the contract
was annulled. The annulment of the con-
tract left the claimant in the wilderness
with an immense stock, which, though
very valuable for the mail service, was al
most worthless in that locality for any other
purpose. His creditors rushed in with
their claims and swept every vegestige of
his property flom him, so that he never
realized a dollar from his large investments
in the service. Chorpennlng's claim for
damages, sustained 10y reason of such cur
tailment and annulment of his contract,
constitutes the other branch nf his case