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The Committee on Post Offices and Post Roads, to which was referred, by order of the House of Representatives, a bill for the relief of William De Buys, late Postmaster at New Orleans, La,

Report:

That, William DeBuys was Postmaster at New Orleans, and discharged the duties of that office in a manner highly creditable to himself and satisfactory to the Department. (See letter of M^r Wickliffe, then Post Master General, marked A.)

That, M^r De Buys was entitled, by law, to retain five hundred dollars, quarterly, out of the commissions on the revenue of the office, provided so much remained after paying the necessary and authorized expenses of clerk hire, rent, fuel &c.

That, In ordinary years, there was generally a surplus of commissions sufficient to meet the allowance to the Post Master for his own compensation; but, in the years 1842 and 1843, owing to great stagnation in business, which seriously diminished the revenue of the Office, the Commissions were not

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enough to defray the expenses and leave a surplus for the post master’s compensation. The consequence of this deficiency, was, that, after reducing the expenses to the lowest possible standar[d] consistent with a due regard to the public interest, there remained for five quarters and thirty seven days, (the period of time to which this report refers, from 1^st January 1842, to 7^th May 1843,) a surplus of $681, 42, ^only,^ for the postmaster’s compensatio[n]

That, at the rate of $500, quarterly, authorized by law for the Postmaster’s compensation, had there been a surplus of commissions to pay him, he should have received, for the period mentioned, $2703,29, instead of $681.42 which he did receive; showing a deficiency of $2021, 87 compensation. (See letter from M^r De Buys to M^r Conrad of the U S Senate, mark[ed] B; letter from M^r Wickliffe P M G^l to M^r De Buys, marked C; letter from M^r Wickliffe to M^r Conrad marked D; and letter from M^r Washington, Auditor, P O D, to M^r Kaufman, marked F )

That, in the year ending 3^d September 1842, and in part of the succeeding year, [?], from 3^d Sep^t 1842 to 7^th May 1843 when M^r De Buy[‘s] term of service ceased, there was accounted for to the Department, for box rent of the Office, a

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surplus of $4675, 50.

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That, previous to the year 1841, the box rents of post offices, were allowed as perquisites to post masters; but by the law of that year, each post master’s emoluments from that source were limited to $3000 per annum, and the surplus was directed to be accounted for to the Department, and the same law provided that in no case, should a postmaster[’]s compensation from both surplus of commissions and box rents, exceed $5000.

That, the ground of M^r De Buys claim, avowedly is, that a fair and liberal interpretation of the law of 1841, would entitle him to make up, out of the surplus of box rents, the deficiency on commissions, for his compensation of $5000 per annum. The Department, however, without questioning the equity of this principle, contended that the law left it no discretion to adopt M^r De Buys interpretation; and informed him that it was through Congress only he could obtain relief. ( See letter of M^r Wickliffe P M G^l, marked E)

That it is apparent the equity of M^r De Buys claim has been consedered adequate ground for the expectation that a bill would be passed for his relief; and, that the Department, upon receiveing satisfactory security for the ultimate payment of his balance in the event of his claim being rejected by Congress, did not insist on immedeate payment, but was willing to

^3^ extend to him reasonable time for the prosecution of his claim.

That, the balance against M^r De Buys, as late P. M. is $2060, 63, which this claim, if allowed by law, would nearly liquidate.

That, the ground of this claim, is substantially the same as that upon which Congress acted in passing the bill of 1843 (fo 33) granting to M^r De Buys, $648,72 out of the surplus of box rents, to make up a deficiency of compensation from surplus of commissions, from 26^t July 1841 to 1^st January 1842.

That, upon the present claim, the senate on the 30^th of May 1844, passed a bill for M^r De Buys relief; but it was not acted upon by the House of Representatives, in consequence of not being brought up in time that session.

The bill now introduced, and recommended by the Committee, is similar to the senate bill of 1844.