The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-07-04
THE UNION.

Question. Please to state what the particular
strucon OF and usage under the ordnance regulations in
regard to the procuring OF supplies, during your adj
mnisraton as to the distinction between contracts and
open purchases, and whether these last 10 such
able extent might be from time 10 time necessary
ordinarily made by the bureau without the spe-
cial previous authority OF the department
Aastcer In relation TO contracts, think there were
very lew written made under the lS2d article OF
the ordnance regulations. While in Office think
most OF the supplies were obtained by open purchase
There were some old contracts that were ensIged-ex-
tended-haviDg reference TO the terms OF the original
contracts whether they were in writing, | am unable
to say they made before went into the Office Open
purchases frequently made by the chief OF ordnance
without previous orders from the Secretary OF War
There frequent intercourse between the head of that
bureau and the Secretary and questions IN regard TO sup
plies frequently brought for consultation and advisemen
10 the supplies needed and the price and, alter such
conversation frequently expressed my consent that he
should go on and procure the supplies cannot say
gave express orders. The heai OF the bureau
CURED every year TO make estimates oil what was
CURED for that branch OF the service. When he sub
mted them required explanations; sometimes the est-
mates were reduced or cut down. but those which
thought required Tor the public service adopted
These were submitted to Congress, and appropriations
made, of course sometimes with notifications and then
the bureau went on to expend the money without my
requiring him to apply TO me Tor any further particular
directions. suppose the head OF the bureau considered
that he had my consent, had approved The estimates
do not TO say that did not expect to be con-
suited, the appropriations sometimes very gene
raj to the distinction between contracts and open pur
chases suppose that contract under this article Q32d
must be in writing, and in three parts | believe
such were ever made while | was in the War Depart
Inent do not recollect OF any.
Question. Was not the term "open purchase under
stood and acted upon applicable TO orders for articles 10
be thereafter made and delivered, well TO articles al
ready in existence?
Aaswer Yes; the terms "open purchase" applied to
articles that ordered 10 be made and furnished
well as TO those in existence.
Question. Please to slate whether the affairs of the
Ordnance bureau were OF magnitude and Importance
during your administration and whether they were man
oil with mr. n $50 " AL
daswer Well, these were OF very great Importance in
their character and extent particularly during the war,
and certainly thought they were managed with fidelity
Question. Was the question raised and your at
tenion called while you were in the War Depart
in the laws and regulations, between contracts and open
purchases and the discussions OF that question by two of
the Attorneys Generai
.aastcer. | am not aware that know of any discus
sions that subject by the Attorneys General but did
know that there different classes of conttactshat
the laws had imposed different modes of making con-
tracts.
Q son. If written contracts in three parts were
made during your administration, were not the engage
ments made 10 furnish supplies ordinarily called con-
tracts?
Ans,cer. believe they all were all in common par
lance, but had reference 10 the distinction made by the
article: they called contracts purchases in
mon parlance Unfortunately in most instances.
The counsel for defence here offered in evidence
extract OF letter received from the honorable John c.
Spencer who unable to obey the attend
witness the part of the Defence giving his views
of the system pursued in relation to purchases OF ordnance
supplies. 1t is as follows:
ALBANY June 2S, 1851
= Willis was in the department the difference
between open purchase and contract recognised
and constantly acted upon the
believed to bs entirely inapplcabe many articles
for the ordnance sevlce and that orders Tor
rioes-such cannon and shot-were, according TO my
belief given long ahead OF their manufacture, specified
prices and that these were regarded contracts
because contract implies an obligation on each SIDE
the furnish, the other pay But order for ari-
cles specified price received by party Creates
obligation his part furnish the articles Nor indee
does it create obligation the party giving the order
for there is consideration for it, and is Ieyocabe al
any time
The evidence was here closed both sides. and the
court adjourned till Monday morning next, to meet al /
o'clock order give the counsel for the accused time
10 prepare tie defence