Chorp Nning v. United States

• Decision Date: 01 October 1876
• Citation: Chorp Nning v. United States, 94 U.S. 397, 24 L.Ed. 126 (1876)
• Parties: CHORP NNING v. UNITED STATES
• Court: U.S. Supreme Court

94 U.S. 397

24 L.Ed. 126

CHORP NNING v. UNITED STATES.

October Term, 1876

APPEAL from the Court of Claims.

Mr. Joseph Casey for the appellant.

Mr. Solicitor-General Phillips, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

The appellant rests his claim upon the act of Congress of March 3, 1857, 11 Stat. 521, and the resolution of Congress of July 15, 1870, 16 Stat. 673.

Under the act of 1857, Postmaster-General Brown, on the 25th of May and the 30th of June, 1857, awarded to the claimant three several sums of $30,000, $49,842, and $29,590.95, which were paid to him. He received them under protest.

Thereafter he filed his petition in the Court of Claims, averring that he was entitled to further compensation and damages under the act.

The Court of Claims held that the action of the Postmaster-General, and the payment and receipt of the sums awarded, were final and conclusive between the parties, and the petition was dismissed. Chorpenning v. United States, 3 Ct. of Cl. 140. The claimant appealed to this court. While the appeal was pending, Congress passed the resolution of July 15, 1870. Under that resolution Postmaster-General Cresswell found there was due to the claimant the further sum of $443,010.70. Before any thing further was done, Congress, by a resolution of the 9th of February, 1871, 16 Stat. 702, repealed the resolution of the 15th of July, 1870, under which the last adjustment was made, and by the act of March 3, 1871, 16 Stat. 519, directed that no part of the money thereby appropriated for the use of the Post-office Department should 'be applied to the payment of what is known as the Chorpenning claim.'

Upon analyzing the resolution of 1870, it is found to contain the following provisions: 1. The Postmaster-General was anthorized to 'investigate and adjust' anew the claims of George Chorpenning under the first section of the act of 1857, 'on the basis of compensation allowed by said act for regular mail service.' 2. 'And the claim growing out of the curtailment and annulment of his contract on route No. 12,801, on the basis of his agreement with the Postmaster-General for the service, to be settled as provided for the services named in said act.' 3. 'And the right of appeal from the proceedings of the Postmaster-General to the Court of Claims' was 'reserved and allowed to the said claimant.'

The act of 1857 became defunct by what occurred under it in that year. It was in no wise revived by the resolution of 1870. It was only referred to by that resolution for the rules and basis upon which the new adjustment authorized was to proceed.

The question before us is as to the effect of the repealing resolution of 1871. In considering that subject, the act of 1857 may be laid out of view, and will not be further adverted to.

The resolution relied upon by the appellant was wholly unilateral. It contained no stipulation of payment, express or implied. Congress, for its own reasons, simply directed an examination and adjustment. It gave no promise and came under no obligation to the other party, and asked and received none from him. The government and the claimant stood, and continued to stand, wholly independent of each other. The government could at any time before payment recall what it had done, and the claimant was at liberty up to the same period to refuse concurrence, and assert aliunde his legal rights, if any he had....