The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-13


MIR FOOrE We all understood him to state his
opinion that there contract, and therefore the
ma'ks he made could not appyt TO the senator from Mary
land.
Mr. PEARCE | understood the senator TO say that
II was a contemplate sublerfuse try to evade CON
tract because II is not reduced 10 writing,
Mr. HALE IL the senator Will allow me | certainly
made reference 10 anybody spoke in general
and said that hoped the government would resort
10 the contemplate suberinge OF evading contract upon
the plea that II not reduced 10 writing. AS sug-
gested by the honorable senator from Mississippi Mr.
FooTE,l could not have referred 10 The senator from
Maryland, did not suppose that he thought could
refer 10 him. He avowed distinctly that he thought
there was no contract; believe there one.
Mr. PEARCE. Well, sir. let that pass The senator
thinks as The senator from Virginia Mr MAsoNl does,
that this contract is binding made the remark before
that It was not binding upon individuals, it could not
have been binding upon the government.
| Mr.. MASON do not desire to take any further part
IN this discussion; but will the tell me why this
contract IS not binding upon the individual well as
| upon the government
Mr.. PEARCE: | do no, understand how contractor
can bind himself without lis being put into writing.
suppose the statute OF frauds would apply Then il is a
mere agreement 10 enter into contract Is that
why it should be kept' suppose myself that man
cannot bind himself be bound transaction, unless
the contract Is reduced to writing understand the
law. How can the government aim? Or if it did, it
could not recover anylhing-not iota However, If
the Senate think is such valid contract that the head
OF the department cannot depart from it, suppose they
will strike out The amendment Of the committee and the
that Gentlemen think differently about this matter But
do not understand the Secretary of the Navy having
reported in terms that he had entered into contract with
these parties, whoever they
Mr. WALKER | will read for the benefit of the
Senate what the Secretary says In speaking of their
proceedings, he says:
Messrs Dakin & Moody, and Gilbert ~ secor, at
mate of vi 53O27 This was declined by The department,
and Mr. James Brooks OF ST Louis, VINO produced an
questionable evidence OF character, well Of ability
give security for the pleon OF The work, submitted
propose 81 1000 This, being the loves, bid offered
1 hnVt haAn hnft t1rf thuh
brooks dsciaimed aoy preension 10 patent rghi and
whsd y enter into legal controversy respect thar
alleged by the other bidders, and proposed only or the
work Doubts being entertained whether for
the work might not be enjoned or Otherwise mpeded by
legal lis execution by the claimants for the patet
above menoned negotiations continued with Messrs
Dikn " Moody and Gilbert secor with the knowledge
OF Mr Brooks and they were npaty informed last
proposition of the department. that II they would do the
co., The woui concluded They desired time
Tor constellation. and on Friday the nth informed
the department that they accepted this proposition The
been executed tor its ahment aud regarding the request
contained IN the resolution OF the House equ vaent
a command shall take no further steps towards its com.
euon unui the pleasure Of Congress regard shall
| be made known. ..M-M
| :. Ia reply much of the resolution as inuuires
whether Ia the judgment Of the head OF this department,
poses OF navy less expense 10 the
than the contemplated by toe aforesaid, have
that, in my opinion sectional d,ck alone without
the additon Of basin and railway, but with pier TO
cure II, would answer every demand OF the navy the
has recenly raised the steamship .Ono, belonging to
Messrs. Law " Co, in the harbor New York, witch
ship is over three hundred feet in length"
! | will make this remark at this point: | wish the
senator from Ohio tNr. CHAsEl was in his seat |
suppose lha, he received some communication from the
Secretary of the Navy should like to learn his mind
! Mr.. GWIN. This contract was made on Friday The
Secretary was decidedly opposed TO basin and railway
but in favor of a dock On Monday morning the sena
tor from Ohio Mr., CHAsEl offered his resolution.
| Mr. BADGER | have but word or two TO say on
this The Secretary states that he sent to these
contractors, and told them that if they would take this
work for csra,n sum they should have it. The
tractors agreed to take IL al that Now, that
makes contrdct--it makes a contract law. II we
TO the statute OF IS 1t does apply TO the gov
ernment, bu 10 individuals. IL is binding upon both
parties in honor-binding upon the faith OF the govern
ment well upon the cont actors. Suppose have
no legal means OF coeelng b'mso he is destitute OF any
legal means OF coercng the government | do hope that
we will not Try 10 discharge the government from the
/ force Of this contract
| Mr. PEARCE / will say TO the honorable senator
that do not know myself whether the terms OF The
tract were agreed upon-the times al which the money
should be paid the ins'anents in which it should be
paid the precise amount OF timber be put in The dock,
and the character of that timber etc II all that
not agreed upon II was not a contract .s
Mr. RHEfF, | know very little of this matter; but
it that according TO the OF the
ator IRON North Carolina, tMr BAperR,l # any mer-
chant Change had made such verbal contract and
then should violate 1t, be would lose caste-he would
| be a dishonest man And il any man were to make
such contract and break IT, he would be considered dis
honofed and as no gentleman. | would treat the gov
errment a merchant IN this
| Mr. YULEE | will say but a single word The Com
mtee on Naval Atairs-and concur with the commit
TO the conclusion that the faith of the govern
ment was concerned They 10 this conclusion after
careful consideration. They thought that not
al nbeTty TO recommend anything To toe Senate that
would IN the slightest degree violate the public faith
II will be reeollecled at the last session endeayoed by
all my exertions TO prevent the enactment of provision
for this dock in California. But when learned from the
Secretary that he had made offer which had been
ceped within the time OF the proposition, and he spoke
OF IT as the existing contract concluded that there
was no room lett Tor 10 pause Tor inquiry to what
might be saved by the government, our nrs duty
TO save the honor OF the government which OF much
higher price than all such docks. The Secretary al.
spoke as II he regarded the agreement contract,
although he said il not signed in writing Tnat,
however, do not deem necessary 10 involve the faith OF
| the-goy ernmept - r#H-.
i Mr. BRIGHT. A. one OF the Committee on Finance,
examined this matter with deep interest-with an
ANXIOUS desire from what had heard of IL 10 under
test against any words in this report any papers be-
fore US, being considered az a conract-such agree
meut would bind individuals II nothing more
than proposal which, the language of this report,
was accepted but that acceptance executed after the
manner IN which business men generally execute their
contractsln the manner which they transact bus.
ness Why did these contractors come forward and
prepare the contract, stpuae the kind character and
quality OF the work they to perform, the amount
they were to receive when they to receive IT, and
where they were to receive 1T II is nothing than
an idle, running conversation, and would not be consd
cred IN law, according to the construction put upon the
law, anything than that Ii these parties wer.
TO einse to do the work what remedy has the govern
meD against them None at all, Now, am unw ing
to endorse the action OF officers 10 permit
them 10 bind the government in the sum of one and
hall millions OF dollars by what said idle