The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-27

edge Of Mr. Brooks and they finally informed as the
ast proposition OF ule department. that IL they would
81 O00 the would be concluded They desired
,o eon 9 aa.on and on Friday last. The i7h instant
on The contract has been signed or written nor has
any pold been executed for It's olhment; and repa
The request contained in the resolution Of the House az
saa,saisn. to Command shall take further steps 10.
gard 10 IL shall be made known" -
Here according TO the Secretay's statement he told
these gentlemen. /" if you will undertake 10 do this
work required BY law AT certain sum, you shall have
the contract" They say to him. we accept the Offer"
Now would be glad TO know what makes contract
.h,s does not iha The government is not bound by
Is true; nor would they have been bound by il had Il
been written, signed and sealed in such sense as that
they could be compelled 10 perform il, '
Well simultaneously with The resolution offered In the
other House. was one offered in this in relation to The
above contract and the honorable from Virgnis
Mr. MAsoN,l by the unanimous direction Of the Naval
Commiitee made the following report: 400
i "That having communicated the resolution Of the Sem
ate 10 The Secretary Of the Navy the received la
reply he letter Of the Secretary 10 the chairman Of com
theren sreservd sc s,saLsr ar de
House Of Representatives. dated Janpay2l 1851 which
THE law referred to in The resolution Of the Senate limit
ed he authority OF the Secretary sectional
or balance floating drydock basin. and ralwsy 'of a
caaci and Dimensions in respect inferior those Of
the COMMITTEES satisfied rom the Of The
Secretary, that the contract he has made Is
vanageoas TO the government the work be done will
sdmit The committee are not aware Of
duce them to recommend amendment mod alton
Of the plan for this dock prescribed by the law referred
TO, were the subject susceptible of such modh-
rs,ay above mentioned that he had actually eonlaced Tor
the work before the resolution OF the Senate adopted
writing, and its execution by the parties, In the absence
ihen Of fraud or misrepresentation (Which is not alegsd
turbed The only modification of which the plan would
be susceptible is TO dispense with the basin and rail
law, contract already made The comi,tee CON
slider these apPend.ges as peculiarly important TO dock,
aY arinlep pfa vatn ha roA
IKE work now IN progress OF construction at Phiadepha
Sy Ue he q Saas Tue as I they
ze him to abrogate much of provides for basin and
dock Philadelphia shall realize the ends expected
from II upon the experiments to be made its compile
paid for al proportonaio price The committee on
the facts thus reported, ask be discharged from further
consideration OF the resolution"
Now, sir have report--whch will not trouble the
Senate with readngAfrom the Naval Committee of the
House, coming precisely TO the same conclusion And
call of the Senate at the instance OF senator from
Pennsy vana shows concusvey that the Secretary OF
the Navy himself considered this contract made. In
his report after speaking OF parties who had made
offers TO him under the law OF last session about dry
docks, he says:
The parties had submitted what they sealed and
bid for the former contract alter being informed hat was
concluded"
Iiere then, is the Congress direct government
ofeer-or rather authorize government offcer-o en-
Ter into contract for the construction of such dock,
basin and railway They restrict him 10 person, and
lay no restriction upon him as to the terms, time,
ner They leave il all 10 him. He enters into con-
tract agr upon the terms of it, and having proposed
and the contractors having accepted the terms upon which
the work is 10 be done, then resolution from the
House OF Representatives which orders him to proceed
further. His letter distinctly informs them that but
Tor that resolution the contract would have been mme-
diatey written and signed but interpreting the request
TO be demand, he suspends further proceedings. AL
though that discharged the Secretary very respectfully
submit Il does mol discharge the governmentit does
discharge u.s. We had no more right to abrogate
W as
Why is contract reduced 10 writing and signed 1t is
TO answer but two puposesone TO present the state OF
facts as 10 the terms OF the contract and the other TO
ahord the legal oil coercng the party TO perform
IT, That is all But contracts made by the government
teman knows for himself that he would consider his
honor bound by such engagement So the govern
ment bound by It, SO it was considered by the commit
OF both houses at the last session OF Congress and
so, Mr. President considered by this Senate for
when the appropriation bill al the last session be-
fore the Senate, containing clause which proceeded TO
a6rogaie u and enforce new contract, amendment
was agreed to in the Senate for striking much OF
that provision but by mistake, in the hurry Of bus-
ness the last night OF the session, that mendment
was not engrossed, and the bill was passed without IT,
II was the OF the committee OF the Senate and the
sense OF the Senate was the same and submit that no
man can read that paper without coming to the
cqson Then, Mr. President, the government, has made
/ this contract.
The honorable senator from Pennsylvania speaks with
grea, deal of energy about Congress- al the last
having solennly abrogaed the contract Well, have
yet TO learn that the abrogation OF contract bit
If 1t is done in hurry, But the senator is mistaken
there solemnty about il.
Mr.. BRODHEAD One word, Mr. President If the
senator will allow believe did say that Congress
soemnly abrogated an alleged contract; but do not
agree that there any contract that very binding,
that any damage could be required IRON the violation,
supposng the government OF the United States could be
sued.
II Mr. PRATT Permit me to ask the honorable gentle
man from North Carolina a simple question Do un-
derstand him 10 aege that the contract which he sup
poses to have been made and entered into imposed any
legal obligation upon the individuals TO be holden TO III
Are they bound to the government, by what The SEN
ator terms a contract to do this work
contract entered into the OF il remaining only
to be reduced writing and signed these then
ready, desirous prompt and 10 the contract
and the government refused. That is the state OF the
case.
Mr.. PRATT But there is no obligation on their part
az understand.
i Mr. BADGER II the honorable senator refuses TO
perform engagement with me- suppose il choose
it releases from the performance of my part But
these parties claimed the performance OF the contract
They had no expectation OF such release |
fess the pernency ol the gentemans inquiry | do not
exactly II he means that because the government
refuses 10 perform contract therefore the contractors
would be discharged-hat they longer under any
moral oblgatonit but this; that the government
always discharge itself from contract by merely re-
fusing TO perform it.
Mr., PRATT. Perhaps, il the senator does not see the
pernency Of my inquiry, il may be seen by other sena-
tors. Nothing be termed contract IN my Judgment,
which Is not binding upon both parues Now, the
senator says this is contract equally binding upon
this government IL IL had been reduced 10 writing,