The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-02
competency to Judge Of il is therefore denied know,


competency to Judge Of it, is therefore denied know
in passing. that this contract was made IN March
1910. twelve months before bs retiring In January
ls4I in answer To a resolution of the Senate, he states
that, with view ascertain the pracucaohy oil pro
curing supply OF American water-Tolted iemP, SUI
cent at least for the OF the navy, as well as 10 en-
the production OF that important article boaid
OF commissioners by direction OF the department, on he
3Oh of March previous entered into contract with
David Myerle for 300 tons, al $500 per ton THIS con
tract would expire the LIST OF March. 1911 but II mol
completed that time il the iDteRiion OF the depart
ment extend the period OF delivery To afford Mr.
Myerlea fair opportunity Of completing his undertaking,
being we'll aware OF the delays and obstacles he would
have TO encounter.
Now sir, the government of the United States-he
legislative department of the United States the Senate
of the United Slaes-was aware of the existence OF
this experiment. of the steps which the Secretary OF the
Navt had TAKEN OF the additional step he proposed 10
take This brings TO say that the question OF the fu
1t an act of injustice. both the government and the
individual Ii has been considered here IN the argu-
ments offered especially upon this collateral question: as
mere ordinary contract entered into between the gov
eminent and his individual for the supply OF articles
which il vas perfectly competent Tor him or amy other
Individual to supply and theeupon has been founded me
Argument that nasinuch this Is contract with when
he has not complied he has claim to bring against the
government or upon the collateral question which has
been rased il it is contract with when he mas com
piled, for which damages are 10 De awarded nun
against the government that then the gentlemen men
toned in the amendment OF the senator from Kentucky
| mr. UNDERwooD] have right TO intervene,
What present 10 the consideration OF the senate Is
this This was no contract in point of fact, between
the government and this individual 1t was an expert
ment urged by the government upon TINS individual,
which assumed the form OF contract because the gov
eminent has power to give II any other Iorm Inc
facts which disclosed simply these The govern.
ment deemed it all important to ascertain whether Amey
lean water roled hemp could be procured Tor the OF
the naval and mercantile marine of this government
Mr. Myerle did go before the Navy Department seek
ing this employment. The inquiry was made BY the
Secretary of the Navy, he himself remarks The APP
plication made by The Secretary of the Navy 10 Mr.
Myerle His objections, which were stated IN the irsl
instance, removed by the urgency OF The Secretary
and eventually consequence of that repeated urgency,
he was induced to enter into this operation
Now, il am right in considering this as an expari-
ment which the government sought TO have made
whether it is of any benefit not, perfectly nmateral
Whether it has resulted in benefit to the country or other
wise, if the individual who has been induced by the So
lcitaon of the government TO embark IN IT, has acted IN
good faith and with reasonable skill, he should not lose
by it, beg to say that this is not question between
Mr. Myere and the citizens of Missouri, Kentucky lil-
nois or of any other State and is not to the
of these States to whom to go Tor The purpose OF
obtaining information upon proposition like TINS Inc
proposition state you that the government required
experiment to be made for the purpose OF
given thing and by their urgency MIR. Myere was IN
duced to enter into that experiment; and by way OF IN
ducemen the Secretary of the Navy promised him, that
whatever the result, he should be Undermined tor
loss II ia the nhlment OF that stipulation which the
claimant now asks at the hands OF this government
This idea still further manifested in the report to which
have already called the attention OF the Senate, LIN
substance, as follows:
would therefore, respectfully suggest the Senate that
the dome ,.ic pply hemp national consequence
all times and especially in tune OF war and as the
undertaking OF Mr. Myehe is involving not only grea
risk himself hut heavy expenses, tue returns for which
r'moe and questionable, whethtr II might not be
and expeasa, to relax the law m a bs
Secretary OF the Navy, being fully satisfied that 1e
work will be done, and upon the receipt OF unqestionae
security 10 make advances this purpose"
Now, sir, the Senate of the United States may under
stand how it is that Mr. Myerie to fall into the
hands of Messrs Mortmullin & Cornwall. This expert
! Instance
ment Mr.. Myerle did not come before that depart
ment and suggest that he had the means and pecun
the experiment it's ultimate result. but he was told
by the Secretary Of the Navy that the requisite advances
to be made He complied, not on his own account
but at the suggestion AMI solicitation and repeated ur
gency of the government TIE Secretary Of the Navy
induced him 10 hope that by application to Congress ht
would be able TO get the authority to make the requisite
advances. 1t was not article in use at the tune Il
was an experiment undertaken by Mr.. Myerle Tor tht
purpose of ascertaning whether from American hemp he
could bring the required article in use in the American
mercantile and naval marine of the country.
ell, sir when Mr. Palldny made his application tc
the Congress Of the INTEL States Tor authority to make
advances and refused. and when Mr. Pauding gave
to this the form of contract which he authorized
to make, the failure TO make these advances he thus
necessarily compelled Mr. Myerle TO resort 20 o,hei
for obtaining the resources necessary TO carry Oh
| that experiment
And now. sir with respect to the claim of Messrs
Mortmun & Cornwall. This is application on the
part OF Mr. Myerle to realize the contract entered into
b. him with the Secretary OF the Navy, promising HIN
Individual indemnity against loss on account OF his eX
penses The hemp was prepared II was sent % Boston
ana rejected You have the testimony OF the Secretary
OF the Navy that that rejection contrary to his wishes
and that If he hai remained in Office he would have
required the reception of it by the officer The fund
arising from the sale of would have stool in the place
of the advances which the Secretary Of the Navy de-
sired to make, but which he had no power 10 make
But that hemp rejected According to the private
contract, Messrs Mortmun Cornwall took posses
sion OF the hemp; they sold il and tooA the proceeds.
! Will the Senate look al the nature OF that contract
for moment? They will see that MIR. Myerle found
himself under the necessity OF seeking pecunary
sources from others. Aiessrs. Mo,lmun & Cornwall
agreed furnish these How BY the advance
of money! No, sir; but by accepting endorsing his
bills For that endorsement under the contract, for thai
acceptance they stipulated that they should receive,
the first place. per cent for the risk which they
in endorsing his paper, cent per month for the
OF the money, and the difference OF exchange between
| Lexington and Boston, which the bills drawn
Now, sir considering the equitable claim of these par
ties 10 portion OF this fund.- asked from government by
Mr. Myere for not having realized their promise hin
you to look 10 this fact. Did MIR. Mortmun or hi
rely upon that contract for the purpose of REIN
bursemeni, did they rely upon the ultimate indem
nifty offered by the government to Mr. Myerle! TIL,
! They stipulated the rate at which they should b.
paid for The credit, "a per cent ana per cent. pc
month Tor The use OF The money; besides the difference
OF exchange between Lexington AMI Boston. And then
sur, to themselves the receipt OF their outlay
they stipulated that the hemp which would thus be
ufactured by Mr. Myerle should be subjected 10 thei
CONTROL should be sold under their orders, and that thu
proceeds should go {, them They have marked cut Tit
measure of their indemnity, and the source from which
they expected secuuty-the henphas passed into thei
hands How, then, and with what shadow OF a claim
can they come before the Senate of the United States