Weekly national intelligencer., 1851-07-12

sale or assignment To this allegation il Is sufficient
answer that title Of proof has been offered sustain it,
bu the contrary, my conduct n refusing recognise the
transfer refues It, not deuded In my firm confidence
that am TO be tried here least by suspicious but by
proofs, it is a waste OF time to say more.
The third specification presents solid body the whole
array OF faisehoods and decepons charged against and
the fourth, fifth, SIXTH and seventh while they have the ap
OF reinforcing it. but reproductions Of the same
array, in several deschments shall treat them together.
There still another Of these black and hateful Offences not
indeed spechcay laid IN the charges but reserved Tor the
testimony and performing the preparatory office of introduce
ing me to you at the threshold Of this transaction under
dark cloud OF guinot speskng but in silence utterng,
e and by my presence maintaining the unfounded preten
sons OF another aude TO the circumstances detailed by
the honorable Secretary, touching my introduction of Dr.
Carmichael TO him about the end Of October beginning Of
Hovemter-a detail which | think you must have heard
without imagining thar any human being would more in
it than common courtesy and official duty combined until the
further uony OF the witness disclosed you that he In
deed thought ",cas strange, ,cas passing strange tcds
,oasdefuL" That it really and truly made upon his mind
the impression he has communicated to you, no one can
doubt but that similarly affect any mind not in some
mode prepared think the worst OF cannot apprehend
That the chief bureau could venture to accede to the
request Of person whose social position itself entitled him
~ TO nroduce bin TO the Secretary, in order that ne might
prefer caim-sgan which the bureau had already decided
of Fscord-wnhout incurng the obligation TO interrupt the
conversation between Them by fiat dena Of the ptetensons
Of ths claimant the risk Of having bis own fidelity sus
pecte3, certainly occurred TO me still less that such
suspicion could arise when, as the Secretary himself has
stated held the papers, and oil the papers necessary show
the whole truth of the case in my hand before him, in such
naturally lsad him to ask at the proper mo-
ment, Geners those the papers " Nor can suppose
to be material whether instantly sprang to my feet and
rendered the papers him. whether, that question being
answered in the afrraave he requested hand them
to him. This conducR however, tie honorable Secretary
has again and again repeated and ne Thought
gnlsr" and "surpsng' condsct for which he could
not account And being asked by member Of the Court
him suppose woald not have expressed my opinion
il he had not himself reached the same cencuson upon aPe
rusa the papers he answered not by specifying any such
circumstance by expressly admitting that no such cir
cumstance existed, but as follows
ssIereason .emy snyise at General 1aicons Slence,
when Doctor Carmichael asserted that there had been writ
recognition of the contract by Mr. Crawford was cas-
ed By Morenarkngthe ners @ or day OF vo afterSards
that right, was, that had supposed possibe that
General gk have agreed with Doctor Carmshael
in supposng that the letter Of Mr. Crawford amounted to
recognition but when he said he agreed with that there
such recognten surprise al his silence increased
because Fdid not knowhOw to acoomt for 1t. "
From this it would either that the Secretary regard
ed that paper really susceptible Of two constructions, OF
that he vaciatpg between the two opinions, that was
either knave fool. II have seemed to dwell too long
upon this point beg the court oreneher that IN order 70
just decision upon the remaining accusations, which depenf
upon conversations between PERSONS Of whom the
sole Witness and the other the accused whose statement S
evidence, is Of the first Importance that yorshould as
far possible into The minds Of the parties respectively
and discover with what peoccupaons and upon what fore
gone conclusions they se@ray spoke The question not
what words uttered but with what intent and meaning
they uttered.
Without enargng upon this suggestion proceed now to
show what ideas occupied mind on the various occa
ons referred in these specfcaoEs to which remark
in passing that have correctly noted the testimony il falls
short by of the number of conversations alleged
abundany clear upon the record that from the date on
letter Col Huge Of the 9th of November, up to the re-
ceipt Of the letters from Mr. Kemb knew nothing Of the
uiv m had
imagine ha, any such order had been given that upon the
receipt of that letter referred it to Col. Huge then IN
Washington special duty with directions to reply 10 b as
knew nothing Of the facts to which treated that he then
first communicated what he had done upon the suppss
ed authority of my order hatI expresed my surprise
what he had done that also, in reference to the offer OF
the order for SALE told him that the Secretary Of War wod
be ncensed and Justly if order for supplies should be
hawked about in the make, that refused my assent To-
any transfer of that he accordingly repudated the propos
ed transfer Mr. Kembe and the subsequent transfer 70
Mr. Anderson all Of which occurred within twenty days
from the date Of the letter COL Huge and promptly after
was informed Of what be haadone under it. Il now
clear thas Doctor Camichaes representations to COL Huger
unounded and could not be fulfilled by him. and that
in his hands the older it ever had validity was null
and void From the date Of his assignment TO Mr. Andes
son certainly he had shadow right claim the
ton Of the order pdscreey given him, even If at any
time that order conueda contract or imposed any binding
obligation upon the Department.. It equally clear and
indspuable that by the express terms of the regulation NO.
l33 if any rights whatever him contractor,
they could not be transferred any other person per-
sons under any circumstances whatever Was ,here them
any contract outstanding for shot for the Ordnance depart
ment Who except Mr. Anderson, aHms that there was I
Does the prosecution assert admit that there was Does
the Secretary Of War assert admit that there was he
does by what right moral egn does he when made ac-
quained with all the facts prevent the execution Of that con-
tract As asserted when in entire ignorance Of the fact
that any shot had been made any attempt induce Co
Huge recede from the position which he had taken under
my directions, assert and MAINTAIN nat no such
existed Not only there any contract IN
the Of the ordnance regulation, or IN any strict legal
sense but the particular purchase attempted by Co Huge
in msapprehenon of the Of my authorization OF the
9th Of November had fortunately entirely failed, SO as to
leave no preence whatever Of any obligation upon the Gov
accept the performances Of the order 50 mPru-
IDENTIFY given to Doctor Carmichael And this state OF things
be it remembered, brought knowledge smutane-
ousy with the first information of the fact that Colonel
Huger had given that order Am wrong in these conclu-
sons either Of them You have before you IN the shape
Of testimony to the usage the Department the mcden-
tai expression Of the opinion Of Of the most
jurss in the country, the Hon. John Y. Spencer Wnen
speaking Of the usage, he says
Orders for articles such and shot, were accord
ing tony belief given long ahead OF their manuiacure II
specified prices and these regarded a. conrdc
because implies obligation on each side the one
to furnish and the other to pay But an order ior
at apeced price, received by party creates no obligation
on his part ournsh articles Nor indeed does create
an obligation on the party giving the for there
sideraton for it, and it is revocable at any time.
This not the tribunal the occaonto enlarge upon this
point nor is necessary do more than refer TO IN
passing Certainly there be two opinions upon the
point that order Doctor Carmichael given with the dis
nct agreement that should be executed at certain foun
dry and under specified supernendence he freight from
that certain foundry being calculated and turned into the
price, could not be binding in morals or in law when trans