The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-06

tractors want TO do it,. and especially under the cir
cumsances But, al The same time that am willing 10
deal literally with them, am anxious TO see me ooec'
oil the government carried out -,
/ MIR. MASON This matter received the deliberate at
ieon ,hs .s,i o. .ne NAVAL Sommi'ee anu an s XII
came from the House of Representatives, they will re-
lease the contractors from the duty Of building the num-
Der oi ships Stipulated in the contract We shall pay
them the amount stipulated for the service Of five chips,
when they perform with three, and release them from
the obligation Of applying The ober two; and i we
it will have passed beyond the reach Of Congress.
Mr.. RUSk. am very clearly Of the contrary opinion.
perform, and tdoes not at all modify the contract They
have entered into solemn conirac, and obligation per-
Mr MASON This is an important amendment in
modifying that contract and ask the yeas, and nays that
may pass into the history OF the country BY whom the
contract has been modified.
4 The yeas and nays were ordered.
| Mr.. DAWSON should be gratifed il the chairman
OF the COMMITTEE Naval Affairs or the senator from
ment We unable, in this part Of the chamber. to
M Mr.. MASON vii will de,ain the Senate but moment.
in compyn with the request OF the senator over the
way rhe naval appropriation BILL as i came from the
House OF Representatives, reals:
Propidd Thar eay,nent shall be made fer said
vice, except proportion tho mall service heretofore
performed, or that nav be hereaite, performed and that
iha Secretary Of The Navy Z oby directed TO make pay
Now the contract is this The contractors were re-
quired 10 build five ships within limited lime, and with
They have built three shps-!he two remaining ships
have not been built Ii has been found that they can
perform the mail service required with the three ships
only Il a. part OF the policy OF the government to
provide certain number o sea nships Al war vessels.
and they therefore stipulated that the contractors should
pys s Now Ssy can S s Z
susceptible OF being construed 10 release the contractor
from the duty OF providing the other two ships: he 70
be paid the mail he performs with three
only instead Of FIVE, contracted for The effect Of the
amendment simply is to avoid that construcuono give
the contractors two additional years to build the additional
Mr.. RUSK call the attention OF the Senate to the
proviso The bill reads:
Transportation of the Uni,ed States mail between
leans Havanr and Chagres and between Panama and some
points the Territory Oregon, 1914 6Oo Provided That
portion the mail service heeoioe perlorned or that
be hereafter performed ana that the Secretary Of the
ton only"
Is there any release there Cant, be pretended for
that this releases the contractors from any obi.
CATION in the contract None upon EARTH Il the most
strange construction have know 10 be put upon
the language OF bill There Is no interference q ALL
Ii s only restriction that the Secretary OF the Navy
shall not excred in his payment the services rendered.
Mr. WALKER. wish TO ask the chairman OF the
Committee the Post Office and Post Roads this quss
ton Can these contractors claim any payment unless
they comply with the contracts III not does not this bill
compel The proper officer TO make payment for the SER
vice that is performed, shall hereafter be performed
that the case, will tnot modify the contract and vary
the contract from the terms upon which It was oriE
nay entered nto IN putting the service winch tney are
performing and TO perform upon different ground.
and making il obligatory 10 pay for II at variance with
the contract = #HW
understood this aright-and am member OF the Naval
Committee, have examined IT, and concur in the view IN
which the amendment is repored-the certain effect OF
al least the probable effect oil the provision IN the bill
to relieve the from that part OF the engage
men in which the government has an interest," and TO
leave him in full fruition OF that part oi II 10 which ne
has an interest Ii interest that ive ships should
be built, because OF they would belong to
u.s. But the contractor finds he perform the service
with three The question rs whether he shall be allow
ed 10 perform the service and receive the compensa
ton for three ships il he had put on the other two
according to contract IL being the interest oil the govern
the contract That is the whole effect OF the provision
Il seems to me plain that the amendment should Dc
adopted.
strikes this clause does not OF necessity take that
construction at ALL lis oil negative character entirely
Ii merely forbds the Secretary OF the Navy 10 pay any
not have the positive effect to change contract .
restrictive-no 10 go beyond certain amount II
reads;
"rovided That payment shall be made tor said ser
formed thai may be hereafter performed and that the
Secretary of the Navy hereby directed TO make payment
In said proportion only. earN
Mr. BADGER With the three ships he performs the
whole service, and is therefore entitled to the whole pay
IL the bill passes il stands, he may perform the whole
service with the three ships and receive the whole pay
Mr.. RUSK, Tin his seat) No, sir
Mr.. BADGEh. Ihat IL Is MY OPINION: us my Jon8-
ment On the contrary, II the interest OF the govern
ment that he should build the five ships While we wish
the service performed with five ships, 10 the interest OF
the contractor to perform il with three Them m case
OF war when we have TO call Tor these shpe 70
be turned for military purposes, we should nave out
three instead Of five ships That is the state OF the
case - , 49,,
MIR. DICKINSON While am aware that the chair
man OF the Committee Naval Affairs says that the con-
tractors prefer the amendment he proposesand know
they do, because they informed me, and have no
doubt they prefer thunder other circumstances would
vote for i, and II were necesssry-atth the
same time acting IN view OF the course have marked
out do submit 10 the Senate that the construction at
tempted 10 be given to this exceedingly strange
and artificial Il may be desirable that the bill shoud
pass with the amendment but the idea that this proveo
releases any portion OF the contract hold to be utterly
absurd Let look IT, There was contract enlenee
into with these individuals to build certain NUMBER o.
SHIPS Of certain dimensions, and 10 perform cena'9
mail service They have not built all the eniPs .na
therefore they have performed all the services 10
quired. w.
there limited time within which they were 10 ouid tneee
\ ships .
| MIR BERRIEN And has that passed
| Mr. DICKINSON. Yes, sir:
! Mr. RUSK, lin his seat) Upon an extension BY the
Mr DICKINSON resumed. Now, this bill provides
thai they shall be paid in proportion to the mail service
thew rendered. and no more. How can II release them
from an independent portion OF the contract which com
pes them build certain number Of ships Of certain d.
| nensonsl IL cannot be So go
Mr. PRATT. All Of us naturally suppose that the