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

with sundTy amendments, moved 10 lake II
m ~" for consideration which agreed 10,
MI HALE Has the bill been printed as II passed the
House .,,,,,, , :,
W Mr HALE Then ask for The reading Of the bill
Mr. RUSk Is it requisite that IL should be read en-
,rpy through There Is but about hall an hour lei
now before Tie time will arrive when the nve and harbo
OH Ihs H. I PRESIDENT. The bill must be read entirely
through once, if required by senator
Mr. PEARCE | move to strike on, that portion of
The bill relating dry dock IN California. and insert in
lieu thereof the following
"For floating dry.dock. marine railway dock
in Caforniy (shchever The Secretary oi The Navy may
approve) Sl5o0o0 aud he select haiiog dty,dock he
is required conine he sum hereby appropriated 70 Tue
construction o hoa ng gdock Alone without basin
and railway and To limit The amount Of thc whole
10 The named in The estimates made by the depart,
uent ber 1884, and TO give notice by advertisement
in the usual way for at least sixteen days. Provided
a.o That The Secretary of the Navy shall consider said
eslmates fair and reasonable
The bill as it came from the House contained a pro-
yo very nearly like hishat is TO say, intended to be
nearly like IT. but It was so inconsistent, conradic
tory, and nconguous, that the committee OF the Senate
found necessary TO rewe II aud remodel it, The Oh
lec was get rid OF The large appropriation made last
session for dry dock marine railway. and basin Cal
iiornia They were disposed 10 limit the expenditure,
and they therefore provided that the Secretary of the
Navy mgh select either floating dock, without rail.
way or what is called marine railway, or a screw
dock. whichever his judgment might approve The
much from the provision Of the House, while beers lis
terms and reduces the expenditure which likely
to incur last year. '
Mr. BADGER Ihope that amendment will no, be
adopted because the effect of the amendment will be 10
involve the government in direct violation of It's faith
in regard to fulfilling contract made under law by
one OF its public officers. The Senate will recoect that
the beginning ot January last resolution intro
duced by The senator from Oho and referred to the Naval
Committee, for the purpose oil examining into this con
this contract for dock and also to whether
the ,fuhf he
constructed upon better terms than those upon which
these contractors had engaged, or had proposed to
gage, to constfuct Upon this reference TO the Naval
Committee we called upon the Secretary OF the Navy to
inform US in regard to the state OF the contract and of his
views and opinion upon the question submitted to him
BY the Senate The Secretary informed that he had
made contract that terms had been proposed as a final
offer on his part 10 the contractors that the contrac
had OBJ ained time from hun to consider aud that on the
nth OF the month previous to the introduction OF this
resolution they had notified him that they had accented
the terms proposed.
Mr. PEARCE | would ask the senator TO say whether
the parties have signed the contract agreed upon
hin writing understand there is such arlan cement
al ALL but that the contract was merely verbal
Mr.. BADGER. III the senator that the govern
men does not make contract until II is signed in wri.
ting, he is right hut The state OF the is this the
proposals and terms according the letter of the Secre
taIy the committee had been arranged and understood
He had said TO these contractors Ii you will undertake
TO do this work according 10 the proposals for SO much
money you shall be employed " and the contractors said
they would accept the terms and the contract would
have been signed and executed nothing being left bu, to
reduce IL TO written form, but for request or direction
oi the House OF Representatives that should be sus.
pended Now, understand the contrac, to be complete
The terms settled and it is binding contract in
morals written contract not and cannot but for two
purposes one to prevent mistakes about terms, and the
other 10 bind 10 compliance those who may need legal
coercion. The Naval Committee were unanimously Of
opinion and they reported to the Senate that cor.
tract bad been made, and the government could not,
without violation OF good faith. reract from il, In the
next Pkee, the committee were OF opinion ha, the
tract, agreed upon, was beneficial could be
made Tor The government and the Secretary his letter
u.s. said he thought that It would be sufficient to have
floating dock there without basin and railway He
also informed us that one OF the terms proposed and
agreed upon that much of this conracas related
The basin and railway should be executed unless
upon the experiment now making in the dry-dock at
Philadelphia, should be found 10 to his entire
satisfaction Until that was found TO answer, the con
Iac' was understood to be solely for floating dock
Now, undertake to say this whether it shall succeed
OF not nobody can tell but il IT does succeed, il undoub
edy VIII be greatest Improvement upon the whole dry
dock system that has been conceived If il does
not succeed, the contract be confined 10 floating
COCK, without basin and railway What object to is
tbis here proposition that the government shall de-
part iron contract settled and concluded and in every
fespeci morally binding. @ 8.s.s
Mr.. PEARCE Win the senator permi, me 10 give
nun one piece OF information before he proceedss The
Ihl Already contains provision 10 the efFect-io
nVaioa'e the late conrac-and there difference be-
ween the amendment oi the Senate and the provision OF
he House bill as far as this is concerned
Mr.. BADGER. | understand that: and when this
amendment ~ disposed OF intend TO move TO strike out
na PROVISION OF the House, being utterly inconsistent
WIN me previous agreement They say IL is to modify
az aeged contract by the Secretary OF War. Now, II
zoe Senate think proper 10 vote with The House TO violate
'oM contract have nothing more to say
MI Twin. There is great difference in the amend
et OF the Committee on Finance and the provision OF
ue house. lbe amendment of the Committee on FL
e opens various other schemes plans OF dry-docks
M esGes mat OF floating dock, which provided for in
W. sW and am prepared TO show by one OF the abIes
.hceis u connected with the department ha, when this
was thoroughly examined by the Secretary oil the
y ABOUT year ago, stated expressly that these
N scuemes-ihat Is so far this contract is
I1eo, out IN reality old schemes-were entirely laid
ays " ''''e "' '"o '"''
Not content TO rely on my own Judgment in deciding
aro ah o nostlog dty-doek TO be preferred the adsp
winch iof ships OF war Of very large disptscenent
mi 70 be yet unued the department called TO iIs
nav composed OF Two experienced captains in the
nrs aclehlhc engineers OF established character aud
Well peenced naval constructor, all of them gentlemen
s"ionaI 70 he country for sound Judgment and pro-
n. a"alhment and whose opinions the subject of
doct. ~ metls OF competing plans of floating dry
hsd previously asccrained 10 be free from bias j"
NoW we Secretary himself wa. opposed TO these plane
~n '"'of OF The old.fashoned dry docks He says
h r ne question OF the most susble plan OF dry dock
In sv,, puPoes, my opinion, officially formed IN lSt+
0'hefs, Is unchanged 'O'' 'O'"' " p'N ="
o,, ogatd d oi commissioners charged with the exam
VI lne comparative merits of the several plans IN
'" epoft speak as follows
oqt, u"ooli balance dock is on the first prncipehs
al oi others lbe last, that OF the I'm
1sa 'ks but AS the stefioaat dock OF Dtku " Moody,
anu ,uccessiu operation IA New York ha. been more
~. W eu m parts tbsn any OF the others which have
i've nyed, and similarly corsunetsd the ootnpaia-
by prssealous OF this commission have pvounta rly,
dosk. hlhous concurrence, been in,ltcd tbesc
ling and IN greatest perfection the two control