Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-03-28

unnecessarily upon the august personsge unfortunately
IL duty OF the President Of the United States
10 make contracts for the Navy Department any Of it,
earsas Fortunately for him. this task 10 assigned e<her
| hands.
Ills right supervise the bu,nes. IN onsd
but an assumption by the President of the power -
uae and conclude contracts questionable and II
admissible at all ought to be sparnsy exerciscd-in cases
OF emergency only. not admitting Of delay This was no,
such case The eSgencies Of the navy for veoak timber
were not so pressing esto demand the inter
position OF the executive. short delay To comply with
the requirements Ut the law and ascertain the exes OF the
supply aod the condition o the appropriation, might have
been allowed, without essential injury "a the service
Nor was MIR. Habrske, contractor, important 10 the
government that It To secure his services nj
the hst opportunity. by giving him. In violation a: law
contract 10 he assigned To some unnamed friend Neither
was the price OF this timber reduced lar below the usual
cost Of ihe article that economy demanded the immediate
closing Z" bargain. lest the offer should be withdrawn Tor
IN fact there reduction ALL The price
TO have been tho subject III discussion and fixed only
BY reference TO the pree IN prior contract, The coat,
mitiee, Therefore, hnd the circumstances Of this
case no lusthcotion. pa,ion, for the precip
fancy and ucguanty in the formation Of the contract
A prominent feature OF this transaction is s Illegally
ne contract was made in direct violation ol positive
statute. not old and forgotten law. bat statute OF
recent cuscen bearing III. approval Of the present
eun'c The high dignitary who's invested with the
TO execute the laws the land should be very
To present himself the pcope In the attitude OF yiolaoi
o; the laws he IL bound enforce
Another ground which IL still maintained, il that the pro
yso sec,ed only eoarscis be paid Tor o; app'pra
Hons made by that act. and subsequently passed. and
hau no reference To contract which could be satisfied
out ~ appropriations then Ii this the effect
o the Jaw, would have bcon well before concluding
unnecessary contract tn ascertain whether warranted
by the condition of The existing appropriations In this
casc csurh inquiry Insulated the time; and
Subsequent examination II turned that such sppro.
p'aois were nearly quite exhausted, and afforded
peleNt 10 justify tins Ba,. with all Difference
To So high all authority that OF the President Of the
United States, the committee obliged dissent from
sncn construction oi the statute enables ths President
10 iegaize contract made m conaSenon OF its provs
priauon.
An appropriation pct, passed March J. lS43
following prosiso " PTorided, That all provisions and
coihng hemp and other materials OF every and ma
te, for tic VI the aud the transportation thereof
when time Will permit. sba! hereafter be furnished By
tact by The lowest bidder follows The Secretary OF the
Navy shall advertise week for \: least or weeks
IN one oF more of the principal papers published IN the
place where such aIccs to be- iurnshto, Tor sealed
proposals furnishing sach arecs, the whole Of any
particular class OF articles specifying IN such advertise
nent the amount, quantity aad description o each kind oi
articles 10 be iunIshej AID all such proposals shall be
kept sealed until the day specified such advertisement
opening when they shall be opened by
der the direction If the officer making such aiverscmeni
in tue Oi at least PERSONS and the person oi
erng 10 furnish class al such ariice~, and giving
sacory security Tor the performance thereof under for
ei;ue exceeding twice the price in OF
failure, shall receive furnishing the and
the lowest bidder shall fail into such
end give such security within reasonable time be
fixed in such advertisement. then the shall be
ven 10 the next lowest bidder, who shall enter into such
contract and give such security and that all such bids
proposals shall Toe preserved and recorded and reported
Congress At tire commencement OF every regular session.
aud the shall contain and faithful abstract Of
all offers made. embracing well those which rejected
those which accepted. The said abstract shall
brace the vi the party parties Offering the
proposed, toe demanded, the length oi the
agreement = To continue"
This provision the committee very explicit Il
requires al contracts thereafter nade founded prOpo
sails IN pursuance o! advertisement Contracts not |
made in this way cannot be legal. This law pTescribes
the manner o; making future merely the
mode OF discussing future appropriations To sustain the
position assumed by the President II necessary tn hold
that money appropriated although expended,
beyond the reach o legislation; law @; Congress approved
oy the President cannot control Its application eIPen
diture. Such construction sppears the
wholly unauthorized, contrary alike 10 the theory and tie
practice OF tire government.
1t Is another strange OF this exraordnary trans
action, that The President who Contracts
at alt granted contract winch enured TO the benefit the
chief Of that bureau which should hsyc negotiated the con-
behalf ct the government and who was lss5y IN
capable % holding any peGsona interest such contract
The President did intend that Nj Voorhees, should hsve
selling end the bvas If contract OF hi. fact the
committee hav" no doubt Anxious to obtain the
thehuc information al !'Aton u the circumstances attend
ing the making OF the contract avoid all danger
OF dc.ng injustice 10 ANY one the committee addressed
the President. saying, respectfully, ial .Ihe
COMMITTEES wos!G DC gTa'6ed receive from the
President. 1t entirely agreeable hin5olf,
OF the Transaction referred 10, far under
hs Observation" tie President promptly responded the
note transmitting copy OF his decision IN the case, anu
assuring tho committee that contained all the which
au '"" u""e, 's oos.Naon' Win Iie single exception
tai when applied for the Contract he replied that he
eoud say hoh'"g on Tue suneci lh he should be inform
ed hy inc tcuHs secretary OF the NaSy Of the wants
Of me service N Tue paftcu'sr OF Pomseuors live
OAK morf' lie tneEeioie sled Mr. ZibrsSie TO cali
on .omiho1oie warrington Tor information VIZ Zahns-
ke reformed either the day, the day after, and
stated 'a' COMMODORE warrington mad informed him that
the hoef ".s waning ond II he chose to give aud order
iof ihe ocnuact no impoo nent existed IN the way tie
heie'oF" gave 'e orue' nehe'ng no impairment existed
III e way granting H. ua' ne directed s suspension the
moment e"uo' was eNp!essed as 10 lis Legality, OF that
he were no' snieienti 10 meet IL and hnay,
e''o' o. 'e <'h January ufeeea 10 be aoiogh'ed
anu pu'' !" 'iAg ms last sep, nc had sOushto
pOee Ht PRISON 10 nom 'ho O'aef was assigned nom loss
ih' ne "u SO ko"Iedee h"' any PecuhiaEy reward mad
oeen received oy any one-nuch less bv an otecr o. TIC
"-ot any agency III 'ois matter that II III" con
eMoh OF any ohcer ci me government with tie ansae-
on haa ever been in'mied to him. Tie subject would have
Undergone sic' rcny ahd sleh eonHexon hal been
even 'eo' estiuiished' soeh person would not have
REMAINED an houf IN once.
The President appears TO have cposed very great conf
deDce in Mr. Zahri.kic TO make him the sole medium Of
communication, end Iat verbally, with the Navy Depart
men', as 10 all the facts Tie President deemed necessary
Fl n hi an nW.nE Aa.N -. !