Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-24
From the U S. Telegraph.

qu"tea from all impuiatiOn of fraud, sithes COM
n'ted' or attempted to he committed by them,
III any matter relating to, or connected with the
Fraud, rs defined by Noah Webster, is-deeeit;
deco?tion; trick arti6ce, by which tho right
or 'o.erest Of another is injured-(Seo Wcbstor's
Dictionary
we know that the term "fraud,' in criminal
jurisprudence, has technical meaning. Thi..
however, Is not a criminal proceeding aud we
snail examine The evidence. wish a view TO its
application to the case before u.s. in its common
accep'o,ion. The charge is. that Houston at.
te.npted' "hy deceit, trick. and artifco, TO OBJ
tam contract. by which the right or interest
injure,i."
IL 10 now admitted that Houston did nttemp,
10 geta contract Tor furnishing ralions tn emf
grant Indians. We will hrs, show wha, ,ha,
ration should have cost.
The Secretary Of War gives the folio wing ne
as Mr.. Biake's bid:
"WsshinRton City, (Brown's)}
&c.,. 18Th March, le:sO.
'SiR: will furnish ra;ions to tho Indians,
accori'ng to your advertisement of tho 2Otl,
February last, for eight cents per ration.
To tho Hon. SEcRErARY OF WAR.
See Document, page
Extract from Mr.. Blake's testimony, pnge IS:
latter 1 returned to the western agency,
speaking of the bids aud proposals to the con
tractors. Joseph Cooper and Singleton Vaughn,
OF the State or Missouri, i told them what I had
put in at They told me my bid ,Das good one.
lhey mad been very extensive contractors in
the northwestern country, aud persuaded me,
as the thing had been settled, to claim my bid,
and send on my resigna ion, and they i0outd be-
come concerned rcith me-
Extract from the evidence ofCol Nc Kcuuey,
page 10.
81 find from the figuring. which yet remain.
IN the Office, thar estimated tho cost of the
ration at ten cents; but assumed, that if a
change were made in the mode Of supply irE ra
tons from the local agencies to a system Of con-
tracts. one third of the might he deducted
leaving sir and t,so third cents as the cost Of The
rafion.''
The ration was to consist of ..one pound and
a quarter of fresh beef, or one pound of fresh
pork, with two quarts of salt to every hundred
OF these with quart Of corn or corn meal to
each ration Of men,." GSae Doc. page 81
Extract from Col. Sewers fine Delegate from
Arkansas) testimony page III.
Corn. should suppose, could have hesn had
at from thirty three to City cents per busheI /;
beef would average perhaps from TWO to ,wo
and half CENTS per pound and salt generally
was sold at from gu to 100 cents per bIshel."
IL think the supplies could have been obtain.
ed there" in the Arkansas territory.l
Fart OF these ratOns were to have been fur
nished to the Indians residing near tho State of
Missouri and Gen. Ashley, the representative
OF that State, being examined, see Doc. page
68,) says:
III presume that one dollar and fifty cents may
be considered the average price OF good beet
throughout the State"
Upon these data, the cost of the ration is ca
SHY estimated, taking the highest prices, say beef
at So 80 cents, aud salt at ST..
100 raions of beef, II lbs, each
at "a cents per ID. is So I23
100 ratioDs of corn, or 8 bushels
Of corn, a, so cents, is $50
Salt, say 8
Making, for one hundred rati, ms, $40
Or less than FIVE cents per ration, at the h, CHI
est prices.
Having thus found whnt the price ought TO
nave been, We will examine what Major Eaton
contemplated giving TO MIR. Houston.
Extract from ID. Green's testimony, Images 81
and 25:l
II believe, on The 18th Of March, / was ia
conversation with Major Eaton. lie told me
that he was about TO close an important con.
tract Tor supplying the emigrant Indians with ra-
IONS 'hat no mad ascertaincd thar the ration
lln'i heretofore cost about twenty-five rents that
General Houston had gone to New York, and,
having obtained wealthy partner, Tor security
would take the contract at eighteen cents. He
estimated that tie raiions, at that rate, would a.
mount to tw eivs thousand dollars per day, and
seemed desrous to impress on my mind be-
lief that the difference between TWENTY-FIVE cents
and eighteen cents per ration would he 40 mach
saved to the government OF the ISSUE to that ex-
tent. lie spoke o( the number OF lntiinns whom
ne expected 10 emiaraie, whrh, as we'll as re-
collect, he estimated from sixty to eighty thou
sand"
Witness afterwards called upon the Presi,ieu,
upon, the subject. The following is h,s state
ment OF villa, passed between them:
vi apOogi.e,I for calling. Inv referrin0 ,pme
diately TO the contract; said that was conf
dent that IL could lie furnished for mmrh less thnn
understood the department was about 10 give.
The President said that they had ascertained
that the ration had cost twenty-five cents; that
General Houston had gone on TO New York &;
had brought with him Tor oltainedJ a wealth,
partner Tor security and that the contract would
he gwen to him at eighteen CENTS. ! then re-
TERED TO the price Of beef, corn, &C. in the wet
md said that was confident the ratiODs could
he furnished at six cents. lie replied. quickly,
will you take il at fen?" 1 said "nO sir -
Tie then said evil yeu take it nj twelve cents
VI You will you shall hive it at that" I told
bin that was not bidder for the contract {;
mat, although was satisfied that could real
Ise 10 Immense cum upon such a contract. was
Influenced to call upon him by a desire to serve
MN and the administration, and not by n wish
TO speculate and left him. Upon reaching
home, wrote to- Major Eaton n letter" &c.
The following is that letter. as compnIed with
the copy inserted ia witnesses private letter book
compared ia tho presence Of the committee !:
(See doct. page 63.)
Washington, March 10, 1880.
To Maj. Eaton:
''After leaving you last evening, examined.
for The first time, your proposals f,jf rstions-
From my knowledge Of the prices Of beef aud
corn in The western Sta es, am cosh.leH lha,
the proposed ration ought not to cos, ten cents,
yet understand you to say that you expect 10