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

congress ne entered into negotiations WIN lhese PaIes
ana that after continuing these negotiations Tor some tne
and receiving their propositions, he al length, having
satisfied himself as 10 what would be reasonable price
for The execution OF this work. proposed TO them that DC
would enter contract with them or the execution o
this work provided that they would agree TO do II upon
the terms specified in his offer. They took II ln1o
consldesaon and days. or day or two. aiier Inc
proposlon was made to them, they nouhed the Secretary
OF The Navy OF their acceptance Now SIR II does appeal
TO me- as II did 10 the Naval Committee, that although
no contract was drawn up in form yet here was The sub
stancsoi contract by the Secretary OF the Navy and
s acceptance by the contractors II was then lhe un-
dersandng OF both parties that the contract should De
formed pursuant 10 that proposition and the accept.
ance oi H. II does appear ne that II this had been
transaction between individuals there could have been
no doubt about il; and unwilling that the govern
ment Of the government Of the United States should place
lis unconares in any different position, or in any situation
where their dongs would be considered less sacred man
| would regard the acts of individuals
Mr. BELL, Ut now being now 81 o'clock, MI |
would ask il is the intention of honorable senators TO
discuss this proposition the remaining time that IS lett
Mr.. PEARCE ] hope The question will be taken al
Mr.. BELL | was going to propose something that
thought would be kind OF middle ground between the
Mr. GWIN We will vote right away;
| Mr. BELL We will vote right if possible. | ask tina,
the provision Of the bill be read.
| The provision was read. ...
Mr. B. Now, it appears TO that the proposition Of
the House goes upon middle ground, 1t proposes only
TO conform to the contract as alleged and, according TO
BADGER,l appears TO me that there was contract Bal
is the Senate disposed to enforce that con,Iact aad il II
is will this bill pass the House OF Representatives at
Mr. BADGER. 1t is not proposed 10 enforce the con
tract at all All that proposed upon the part OF the Com
mee on Naval Affairs is, that i my friend from Mary,
land Mr.. PEARCEl will withdraw his proposition TO
amend if il is voted down. will then move TO strike
out an Inconsistent provlso. ..-.... d.
Mr.. BELL. We have right to amend that part Of the
bill before the question is taken upon the proposition OF
the senator from Maryland therefore move to strike
out that latter provso and then will have the sense
of the Senate as whether they will have il there or
not. The proviso which propose to strike out IS IN
these words: ".
Prouasd Tha, before making such the Secre-
y the Navy shall give aleas' sixty days notice by ad-
| vertisenent in the general way"
! Mr. PEARCE. will be perfectly satisfied with any
thing that the Senate shall do. s-
| Mr.. DAWSON Striking out that proviso is at once
equivalent to saying that there was contract existing
between the government and these conIactors and thus
we are taking the power into our own hands TO change
that please. Now, the other side go upon
the ground that there has been contract between the
parties, and hence i is that the government has me sh.
pu, the building of this dry-dock upon such terms
il may desire Now sir, lay down the position that u
there be contract we cannot interfere exce by he con-
senrof the parties The provision of the bill IT comes
from The House of Representatives s that there clearly
contract and therefore 1t shall be put out TO the
best bidder Making new contract Is an avowal upon
the part OF Congress that contract has as yet been
made Now, strike out that proposition and we will be
interfering with contract.
Now, the question is this Was there contract be-
tween the parties! ! hold that there not.
tract agreement to do something la relation to
contract of this Importance there must be stpuations
upon the part OF the party who agrees to do the work
Now il you say to me hanic, Will you build a
house for me and tell you, Yes, will build you
house, the contract Is not consummated between you
and myself until the size OF that house, the character OF
the house, the quantity oil work lobe doneupon IT, the ma
erias out of which TO be built the character OF those
FACT until all these stipulatons agreed
upon between u.s. Now, what we have presented to US
here are but the inducements TO contract the conye
saons leading contract, the arrangements by which
the parties coming together, but before contract
was consummaed This is the way to test it. Suppose
that the government had violated this contract as IT Is
called as il now stands could these individuals recover
any damages for the violation OF this contract! Not al
all Suppose that this government should sue these an
dviduals for failure TO comply with the contracts could
il recover any damages against them Not at all Now,
according idea that has been very correctly sug.
ges,ed here suppose that these individuals should fail TO
perform this work and it done by other parties at
higher price could the government sue these indlvd
for the difference between the price now agreed upon and
the price given TO the parties who actually did the work
Not at alC Whyp Because the obligations were not
complied with between the parties the stlpuiaons were
not understood the OF work that they had to per-
form, &c, was not understood. .#..H
! Mr. BADGER 1t was all understood.
! Mr. DAWSON. Not at all. There were no such
terms as to warrant lis being considered as contract.
There no s,ipuauons as TO the period when The
work shall be completed.
| Mr. BELL understand that there is appropria-
ton in the bill of $3.50 900 for the construction of dry
dock without the basin and railway. Now, we have no
time to compare these extreme opinions, when 1t IS said
upon the one hand that there is contract which is
binding, while it is earnestly contended upon the
other side that there contract PROPOSE therefore,
that we strike out that provision appropratng sl50OoO
to be applied to the construction OF drydock, and leave
everything else to be settled hereafter.
The question being taken upon striking out the appro-
pation of 600, upon a division IT was agreed to-
ayes 2l, noes not counted.
The stion then recurred upon striking out the whole
OF the provision contained IN the BILL and inserting the
amendment proposed by the Committee on Finance.
! Mr. PEARCE ! consider that the striking out OF the
appropriation was equivalent 10 rejection of the com
amendment
The PRESIDENT. 1t being an amendment reported
from a committee IL cannot be Withdrawn, but must be
disposed of by the Senate.
The question being taken upon the amendment OF the
Committee Finance, upon division II was rejected
ayes 10, noes 90.
Mr. PEARCE | propose TO amend line Q, page Of
the bill by ing out the words "he rate" and In
setng in lieu thereof the words "seveny-hve per cent
upon the amount" will explain the amendment II is
proposed TO have semimonlhy service between Panama
and San Francisco instead of the monthly service that
we now have, for which pay 100000 year The
provision stands authorizes the Secretary OF the
Treasury contract for monthly service, allow
ing for this additional service the amount that we
pay for the monthly service suppose there will
be no objection the amendment, giving seventyhve per
cent instead of the full amount.
Mr. YULEE. | am inclined to think that fifty per cent,
will be sufficient. | would inquire OF the committee
whether they have examined into this matter to see u
the service could not be performedfo for less amount
| Mr.. PEARCE The committee have not been able TO
ascertain as yet The chairman OF the committee saw
one OF the contracting parties and he OF the opinion
that they would come down 10 this amount But the
Secretary is authorized contract AT less rate than
three fourths though dare say that II we make seven