Weekly national intelligencer., 1851-07-12

nance regulations While IVES In Office think most % 10
supplies were obtained BY opsn puschass Ths
old contracts that were sssscs
10 the terms OF the original contracts WHISTLER they In
writing am unable TO say, they msds bsfse went
into the Office Open purchases equsny made by tho
Chlei OF Ordnance without previous orders from The Secretary
var There was frequent nisreourss bswssn The bssd
Of that bureau and the Secretary and qussous regard 20
supplies frequently brought or consolidation end sdsimsni
as TO the supplies needed and pcs snd sss such eon
frequently expressed my consent that hs shcuid
30 on ana procure the supplies cannot ssy se express
orders The head Of the bureau wss REQUIRED svetv yesr 10
make estimates Of what required for that branch % The
service When he submitted them required esplsnslious
sometimes the estimates were reduced down. bu hos
which thought required for the public service wess
adopted These were submiiedio Congress- and appropa-
ons made Of course sometimes with notifications; ana then
the bureau went to expend the money without my requ
ing him apply for any further particular recons
suppose the head of the bureau conersd hs be had nv
consent had approved the estimates do no, mean 3
that did not expect be consulted the sppropra
ons were sometimes very general as to the distinction be-
contracts and open purchases suppose that con-
tract under this article 32d bs in writing. and three
parts believe such made while wash shs
War Department. do no, recollect Of any.
Question. Was not the term "open purchase UNDER
stood and acted upon applicable to orders for articles be
thereafter made and delivered well 10 articles already In
existence a.s5
Ans,oer. Yes; the terms "open purchase" applied to
articles that were ordered TO be made and furnished we'll
| as 10 those in existence
Question Please to state whether the affairs Of the Ord
bureau of magnitude and importance during your
administration and whether they managed with fidelity
| or otherwise by Gen. Talcoh
Ansrer. Well these were Of very great imporance In
their character and extent particularly during the war and
certainly thought they managed with fidelity by Gen.
Talcot,. .,an s a rsE s sF #a
| Cross -eramiraiion.s sfsat
Question. Was the question raised and your aen-
ton called, while you In the War Department,
Chat you recoecl) TO the distinction conveyed in the
laws and regulations between contracts and open purchaser
the discussions Of that question by two Of The Attorneys
! General aF sg
Aaswer am not aware that know Of any discussions
on that subject by The Attorneys General but did know
that there different classes Of the laws had
imposed different modes Of making contracts. ...
Question II no written contracts In three parts made
during your administration not the engagements made
to furnish supplies ordinarily called contracts . 3 ~.
AnsUer. believe they oil were, 10 common parlance,
but had reference to the distinction made BY the article.
They called contracts purchases parance,
indiscrmnaely in most instances. y3s ffiha#4a1
The counsel for defence here offered in evidence extract
Of letter received from the Hon. John c. Spencer who
unable to obey the attend witness the
part the Defence giving his Of the system pursued
in relation to purchases of ordnance supplies. is fol-
lows:
aALsASY, JusE 2s, 1851.
-" "Whie i was in the Department the differ
between open purchase and Recognised
and constantly acted upon that the strict
believed to be entirely nappcable many articles necessary
for the ordnance service and that orders for aclessuch
ahead Of their manufacture specified prices that these
regarded contracts because implies
an obligation each side the furnish the other pay
But order for articles specified price received by
party creates obligation his part furnish the articles
Nor indeed does obligation the party giving
the order for there is consideration for it. and is revo-
cable at any time" tai45Aa sSs sshtt@s 1t tT5 a2
The evidence was here closed on both Sides and the Cour
adjourned till Monday morning next, meet O'clock
in order to give the counsel for the accused time to prepare
the defence.