VETO MESSAGE.

WASHINGTON CITY, _January 25, 1861_.

_To the House of Representatives of the United States_:

I return with my objections to the House, in which it originated, the

bill entitled "An act for the relief of Hockaday & Leggit," presented to

me on the 15th instant.

This bill appropriates $59,576 "to Hockaday & Leggit, in full payment

for damages sustained by them in reduction of pay for carrying the mails

on route No. 8911; and that said amount be paid to William Leggit for

and on account of Hockaday & Leggit, and for their benefit."

A bill containing the same language, with the single exception that the

sum appropriated therein was $40,000 instead of $59,576, passed both

Houses of Congress at their last session; but it was presented to me

at so late a period of the session that I could not examine its merits

before the time fixed for the adjournment, and it therefore, under

the Constitution, failed to become a law. The increase of the sum

appropriated in the present bill over that in the bill of the last

session, being within a fraction of $20,000, has induced me to examine

the question with some attention, and I find that the bill involves an

important principle, which if established by Congress may take large

sums out of the Treasury.

It appears that on the 1st day of April, 1858, John M. Hockaday entered

into a contract with the Postmaster-General for transporting the mail

on route No. 8911, from St. Joseph, Mo., by Fort Kearney, Nebraska

Territory, and Fort Leavenworth, to Salt Lake City, for the sum of

$190,000 per annum for a weekly service. The service was to commence on

the 1st day of May, 1858, and to terminate on the 30th November, 1860.

By this contract the Postmaster-General reserved to himself the right

"to reduce the service to semimonthly whenever the necessities of the

public and the condition of affairs in the Territory of Utah may not

require it more frequently." And again:

That the Postmaster-General may discontinue or curtail the service, in

whole or in part, in order to place on the route a greater degree of

service, or whenever the public interests require such discontinuance

for any other cause, he allowing one month's extra pay on the amount of

service dispensed with.

On the 11th April, 1859, the Postmaster-General curtailed the service,

which he had a clear right to do under the contract, to semimonthly,

with an annual deduction of $65,000, leaving the compensation $125,000

for twenty-four trips per year instead of $190,000 for fifty-two trips.

This curtailment was not to take effect till the 1st of July, 1859.

At the time the contract was made it was expected that the army in

Utah might be engaged in active operations, and hence the necessity of

frequent communications between the War Department and that Territory.

The reservation of the power to curtail the service to semimonthly trips

itself proves that the parties had in view the contingency of such

curtailment "whenever the necessities of the public and the condition of

affairs in the Territory of Utah may not require it more frequently."

Before the Postmaster-General ordered this curtailment he had an

interview with the Secretary of War upon the subject, in the course of

which the Secretary agreed that a weekly mail to St. Joseph and Salt

Lake City was no longer needed for the purposes of the Government--this,

evidently, because the trouble in Utah had ended.

Mr. Hockaday faithfully complied with his contract, and the full

compensation was paid, at the rate of $190,000 per annum, up to the

1st July, 1859, and "one month's extra pay on the amount of service

dispensed with," according to the contract.

Previous to that date, as has been already stated, on the 14th of

April, 1859, the Postmaster-General curtailed the service to twice per

month, and on the 11th May, 1859, Messrs. Hockaday & Co. assigned the

contract to Jones, Russell & Co. for a bonus of $50,000. Their property

connected with the route was to be appraised, which was effected, and

they received on this account about $94,000, making the whole amount

about $144,000.

There is no doubt that the contractors have sustained considerable loss

in the whole transaction. The amount I shall not pretend to decide,

whether $40,000 or $59,576, or any other sum.

It will be for Congress to consider whether the precedent established

by this bill will not in effect annul all restrictions contained in the

mail contracts enabling the Postmaster-General to reduce or curtail the

postal service according to the public exigencies as they may arise.

I have no other solicitude upon the subject. I am informed that there

are many cases in the Post-Office Department depending upon the same

principle.

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