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The Committee on Foreign Relations to whom was referred the petition of Dr. James Morrow, late agriculturalist attached to the squadron under the command of Commodore Perry, during his expedition to Japan, have had the same under consideration and now report:

That, it appears from his memorial and accompanying papers that some time in February, 1853, Dr. James Morrow, of South Carolina, was detailed by the Navy Department for the performance of such duty as might be assigned him in reference to the care and distribution of seeds and the use of agricultural implements, under the command of Commodore Perry, during his late expedition to Japan and the Chinese seas. That while engaged in that service, which continued for about two years, he did distribute large numbers of seeds to the inhabitants of Japan, Lew Chew, and other places, teach the proper mode of cultivating them to the natives, distribute agricultural implements used by us, with instructions how to use them, &c., and also collected a large number and variety of seeds and plants, the growth and production of those countries, many of which were new to us and promise to form a valuable addition to our agricultural and horticultural interests, carefully preserved and sent them home for distribution. That he also collected many specimens illustrative of natural history, now deposited in the national gallery at the Patent Office and at the Smithsonian Institution. That in the performance of those duties he necessarily incurred heavy expenses in travelling inland, hiring the protection of guards, &c. That at one time for a period of nearly four months, during the expedition, owing to the indisposition of the surgeon, and the general prevalence of sickness in the squadron, he was required to perform the duties of assistant surgeon.

That for all these various services he received no other compensation than is allowed to a master's mate ($300 per annum) at which rank he was rated-among the lowest grade of officers known to the naval service-for want of power in the department to assign him any other, as stated by the Secretary of the Navy.

The value and importance of Dr. Morrow's services are fully recognized by the Department of State, both in regard to the agricultural and scientific interests of the country, and he, therefore, asks that a compensation adequate to those services may be allowed him.

That he is clearly entitled to it cannot be denied. The committee, therefore, report a bill in his favor and recommend its passage.

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The Committee on the Post Office and Post Roads, to whom was referred the memorial of Edward H. Carmick, report:

On pages 2 and 3 of House Ex. Doc. 47, 2d session 33d Congress, we find the following "article of contract:"

This article of contract, made the 15th day of February, in the year one thousand eight hundred and fifty-three, between the United States (acting in this behalf by their Postmaster General) and Albert C. Ramsey and Edward H. Carmick, William H. Aspinwall, and Edwin Bartlett, of the city of New York; Silas C. Herring, Elihu Townsend, Simeon Draper, and R. B. Coleman, of the same place, witnesseth: That whereas by an act of Congress, passed March 3, 1845, entitled "An act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes," the Postmaster General is authorized to contract for the transportation of the United States mail between any of the ports of the United States and a port or ports of any foreign power, whenever, in his opinion, the public interests will thereby be promoted; and whereas, by another act of Congress, passed March 3, 1851, entitled "An act to establish certain post roads in the United States and the Territories thereof,' the Postmaster General is authorized to enter into contracts, for a period of not longer than four years, for transporting through any foreign country the mails. of the United States, and that, in making such contracts, the Postmaster General shall be bound to select the speediest, safest, and most economical route; and whereas notice has. been given by advertising, in accordance with the directions of said act, for inviting proposals for mail contracts, under and by virtue of the act aforesaid; and whereas Albert C. Ramsey and Edward H. Carmick have been accepted, according to law, as contractors for transporting the mail on route No. 9, from Vera Cruz, via Acapulco, to San Francisco and back, twice a month, according to the schedule hereinafter mentioned, in thirteen days each way, being an extension of two of the trips on the New Orleans and Vera Cruz line through Mexico, for the purpose of conveying the mail, and thus making one through line in sixteen days between New Orleans and San Francisco, at and for the sum of four hundred and twenty-four thousand dollars per year, for and during the term commencing from the time Congress

shall ratify this contract, and ending four years from that date, with the right reserved to the Postmaster General to continue it one year longer at the same terms.

Not deeming it necessary to recite here the whole of said contract in terms, as exhibited in the Ex. Doc. 47, before referred to, the committee will state, in substance, that the security afforded by the contractors was commensurate to the magnitude and importance of their undertaking, exceeding, in actual responsibility, five millions of dollars. This massive security applied to the performance incident to such service, and was for the safety of the mails throughout the

route.

It will be perceived that this improved service was restricted to sixteen days' transit between New Orleans and San Francisco, on failure thereof the contractors to forfeit the pay of the trip. The consideration of $424,000 per annum embraced a service to be performed by the contractors exceeding the great commercial termini of It included, also, the intermediate service of delivering and receiving regularly the mails at the minor points of San Diego and Monterey. It will not escape observation that this large service, placing the great marts of New Orleans and San Francisco within sixteen days of each other, and embracing San Diego and Monterey intermediately, must have been regarded by the Postmaster General, who secured it for the country, as a most interesting administrative achievement.

Although the service was to begin, imperatively, when Congress should make the needful appropriation-the written obligation to take effect when that body should thus ratify-yet, as will be seen on page seven of the Ex. Doc., we find the Postmaster General giving his official orders to his postmasters at New Orleans, San Francisco, Sau Diego and Monterey, to deliver the mails to the contractors "on the Vera Cruz and Acapulco line" when said "communication is open,' with corresponding official advices to Ramsey & Carmick, of the same date. This highest official testimony of his understanding of the service to be put into operation, accompanied by the concluding words of qualification-"the pay, if any, for said service, commencing only in accordance with the terms of the contract made February, 15, 1853"-shows that the department expected the contractors to equip and put into operation the route at once, or as soon as practicable.

Thus, the contractors were to have the mails for transportation so soon as they should be ready and should call for them, this preparatory and experimental service to be without pay in advance of the affirmance of Congress. All this was in March, nine months in advance of the regular meeting of Congress, and yet we have already the practical orders of the Postmaster General to his official subordinates, evincing this functionary's solicitude for the final success of a great measure, and his understanding also that the contractors were to begin the preparatory service as soon as the route could be made ready for it. Thus it was their admitted privilege to begin the service at once on the condition stated, while it was their obligation to perform it when Congress should affirm such obligation.

The committee have now considered the orders of the Postmaster

General, who made this contract, and their purport. They have now to state, that these orders were rescinded by the present Postmaster General. This first overt act of hostility seems to have been preceded and succeeded by uniform symptoms of aversion to this whole undertaking. The contractors, however, after applying much forethought and energy, and encouraged by the good will and kind offices of the Mexican government and people, equipped their route by land and sea, and called repeatedly for the mails, which were now denied to them.

Nor would the present Postmaster General agree to recommend this contract to the approval of Congress. Furthermore, his disparagement and denunciation of it are now to be seen in his official statements to Congress and to others. The application of his official power tended to leave the impression on Congress and on the public mind that the enterprize had failed, and that the contractors had abandoned it; instead of which, they had equipped their route, and had already demonstrated that they could compass, within fourteen days, (instead of the sixteen days required,) the great commercial cities of New Orleans and San Francisco! In brief words, the opposing force of the Post Office Department arrested and destroyed this whole enterprise.

Examination of the House document before referred to, and of the Postmaster General's report to Congress of December 1, 1853, fairly avouches the foregoing narrative of this subject. The credit of the contractors was quickly destroyed; their ruin was complete.

The committee do not here pause to argue the obligation of the Postmaster General to advise Congress fully on this subject; and officially to commit it to the unbiassed arbitrament of that body, as contemplated in the contract. The Postmaster General had solemnly, and after much consideration, made this contract. The private fortunes of individuals had become involved in it. They had devoted to the subject years of toil. The contract itself was to give effect to an act of Congress. It involved a large public policy. It was now a huge administration measure. Who, but the postal executive, was now to advise the legislature, officially and fully, in respect to it? The committee wholly misconceive the order of our government, and the subdivision of its cardinal functions, if the Postmaster General could evade this obligation.

On the pages of the documents before referred to, his peculiar views of this subject will attract attention. The committee do not conceive that they transgress any rule of official courtesy, when they declare that the views of that functionary subvert the very canons of organized government; and that, as referable to this contract, they are incongruous and irrelevant. This contract, he says, "did not meet his approbation." As his disapproval could not invalidate the contract, or evade its obligation, so his approval was not essential to its validity. He had but recently attained the station where he found this contract complete from the hands of his official predecessor, finished and executed, so far as the department was concerned; not IN fieri, to be finished by any successor. The pending duty of the Postmaster General was only to commit the subject fairly and fully to Congress, whose final judgment in the premises was the condition stipulated. The

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