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Mission Lands.

were made between private parties, the want of a writing would not prevent it from being enforced by our courts. But even if our law had forbidden the sale of powder and muskets by parol, it is not likely that the Russian government would stand upon such a defense. That government will no doubt redeem its faith, if its faith has been pledged either in writing or by parol.

Very respectfully, yours, &c.,

Hon. LEWIS CASS,

Secretary of State.

J. S. BLACK,

MISSION LANDS.

1. The provision in the acts of Congress establishing territorial governments respectively for Oregon and Washington Territories, confirmed the title of the St. James Mission to the lands occupied by it in those Territories, at the date of either of the acts.

2. The subsequent declaration of a military reserve, embracing the buildings and enclosed grounds of the mission, could not divert the right thus perfected.

3. The claim of the mission cannot lawfully extend to the lands or improvements which, at both the dates mentioned, were claimed, enclosed, and used by other parties adversely to the church, and which the mission had never actually or constructively occupied.

ATTORNEY GENERAL'S OFFICE,

May 24, 1859.

SIR: I have considered your letter of the 17th concerning the title of the St. James Mission to certain land and buildings at Vancouver, in Washington Territory, which are embraced within the limits of the military reserve as declared in December, 1853.

From the statement of facts which you have submitted, it appears "that the mission station at Vancouver was established in 1838. It was continued as a station to this date, and was occupied as such on the 14th of August, 1848." On that day an act of Congress was approved establishing the territorial government of Oregon, and providing "that the title to the land not exceeding six hun

Foreign Postal Service.

dred and forty acres, now occupied as missionary stations among the Indian tribes in said territory, together with the improvements thereon, be confirmed and established in the several religious societies to which said missionary stations respectively belong." (9 Stats. at Large, 323.) The act of March 2, 1853, entitled "an act to establish the territorial government of Washington" contains a similar provision.

I am of opinion that the title of the St. James Mission to the land occupied by it at the date of either of these acts, was established and confirmed. The subsequent declaration of a military reserve, embracing the buildings and enclosed grounds of the mission, could not divert its right which had thus been perfected. It is equally clear that the mission cannot lawfully claim under these statutes any lands or improvements, which, at both of the dates. mentioned, were claimed, enclosed, and used by other parties adversely to the church, and which the mission had never occupied at all, either actually or constructively. Yours, very respectfully,

J. S. BLACK.

Hon. JOHN B. FLOYD,

Secretary of War.

FOREIGN POSTAL SERVICE.

The third section of the act of June 14, 1858, appropriating for transportation of the mails from New York via Southampton, to Havre, during the year ending June 30, 1859, any money in the Treasury arising from the revenues of the Post Office Department, has no application to a contract made subsequently to the date of the act; but payment for service under such a contract may be made out of any unappropriated moneys under the fourth and fifth sections of the statute.

ATTORNEY GENERAL'S OFFICE,

May 28, 1859.

SIR: By the third section of the act approved June 14, 1858, two hundred and thirty thousand dollars were appropriated for transportation of the mails from New York by

Foreign Postal Service.

Southampton or Cowes to Havre during the year ending 30th June, 1859, out of any money in the Treasury arising from the revenues of the Post Office Department, in conformity to the act of July 2, 1836. The fourth and fifth sections authorized the Postmaster General to make new contracts for foreign postal service, and to pay therefor, out of any money in the Treasury not otherwise appropriated. This act has been so construed by the Post Office Department as to make the compensation for all foreign sea service payable under the fifth section out of any money in the Treasury not otherwise appropriated. (11 Stats. at Large, 365.) But the First Comptroller is of opinion that no payment can be made for such service. except in accordance with the specific appropriation made in the third section. I am required to decide between these conflicting opinions of the Post Office Department, and the chief accounting officer of the Treasury.

Certainly the point is not free from doubt; but after the closest examination and best reflection I am able to give it, I am brought to the conclusion that your construction of the law is the true one. The words of the fourth and fifth sections do certainly justify all that you have done or propose to do. This is not denied or doubted by anybody. But the Comptroller thinks that these words are rendered inoperative as to this line by those of the third section. This cannot be so if the two parts of the law are consistent or capable of standing together. If they are flatly repugnant to one another, then the last part must stand alone as being the latest expression of the legislative will.

Besides, this was a new contract, that is, a contract made subsequently to the date of the law under consideration, and must, therefore, have been made exclusively under the provisions of the last two sections. I hold that the third section has no application to a new contract for foreign mail service.

Very respectfully, yours, &c.,

Hon. J. HOLT,

J. S. BLACK.

Postmaster General.

Mail Contracts.

MAIL CONTRACTS.

Where a statute authorized the Postmaster General to contract for the conveyance of the entire letter mail from a point on the Mississippi river to San Francisco for six years, at a cost not exceeding three hundred thousand dollars per annum for semi-monthly, four hundred and fifty thousand dol ́lars for weekly, or six hundred thousand dollars for semi-weekly service, to be performed semi-monthly, weekly, or semi-weekly, at the option of the Postmaster General; and where, in pursuance of the statute, a contract was made by the Postmaster General with certain parties for that service, who agreed to perform it semi-weekly for the allowed maximum compensation, but which contract made no provision for any reduction of the service, nor for the carriage of the mails according to any other schedule; it was held, that the Postmaster General had no legal right to reduce the amount of service, and the compensation with it, below what was stipulated for in the contract.

ATTORNEY GENERAL'S OFFICE,

May 28, 1859.

SIR: An act of Congress was passed on the 3d of March, 1857, of which the tenth section declares that the Postmaster General "be, and he is hereby, authorized to contract for the conveyance of the entire letter mail from such point on the Mississippi river as the contractors may select, to San Francisco, in the State of California, for six years, at a cost not exceeding three hundred thousand dollars per annum for semi-monthly, four hundred and fifty thousand dollars for weekly, or six hundred thousand dollars for semi-weekly service, to be performed semi-monthly, weekly, or semi-weekly, at the option of the Postmaster General." (11 Stats. at Large, 190.) The eleventh section of the act requires the service to be performed in four horse coaches or spring wagons; the twelfth gives the contractors a preemption right to a certain quantity of lands on the route, and the thirteenth requires each trip to be made within twenty-five days, and security to be given for the performance of the contract.

In pursuance of this statute a contract was made on the 16th of September, 1857, between the United States (acting by their Postmaster General) of the one part, and John

Mail Contracts.

Butterfield, and certain persons associated with him, of the other part, by which Butterfield and his associates agreed to perform the service semi-weekly for the compensation of six hundred thousand dollars. The contract makes no provision for any reduction of the service; nor does it stipulate what shall be the pay of the contractors for carrying the mails according to any other schedule. It does not contain the usual covenant reserving to the Postmaster General the power to increase or diminish, nor does it furnish a rule by which the pay of the contractors is to be ascertained for anything except semi-weekly service.

The question you propound to me is, whether under this contract and the law above quoted, you have a legal right to reduce the amount of service, and the compensation with it, below what was expressly agreed for.

If such power exists, you must derive it from one of three sources: either (1) the general law of the land, (2) the special statute by which this service is authorized, or else (3) from the terms of the particular contract which has been made with these parties.

I. There is no general principle which authorizes one contracting party to annul, alter, or add to the terms of an agreement without the consent of the other. When the Government makes a contract it is bound by the same principles of justice and good faith which bind individuals. There is nothing, therefore, in the general law which gives you any control over a mail contract except to carry out its provisions as you find them set down. Hence it is that your Department has, time out of mind, been in the practice of putting into every contract for carrying the mail an express covenant which gives the Postmaster General power to change the schedule, and to order the service up or down as he may think the public interest requires, and it is from this express provision that you get the power so often exercised of ordering larger or less services.

II. The act of 3d March, 1857, authorizes a contract for carrying the mails six years between certain places, and fixes the maximum rate of compensation which shall be

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