The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-30

long coppefed vessel lass s-how long the coppsrn.
will Withstand the corrosive action OF the waves lily
eye il is matter OF fact-and so am Informed bv 80
tlemen conyersant with the matei.that elk years G
extent % which the copperag wil, last upon vessel Al
wears il out and the vessel must be eoppered oncs 4
every Elk years be kept in repair This is what AM
told by those conyefsant win me subject and il am
wrong wish TO be corrected II Is practical fact hs,
the copper will not more than SIX years Then A.
il you build wooden pier, and copper H. you wiIk.
obliged substantially TO rebuild that pier every SIX years
40 long as il shall remain in Practically, am lon
that this experiment has been tried in Florida aad H.,
there the government have abandoned the idea OF bun
ing wooden piers, and are building stone piers nen,h
be OF stone, and il it is not proper TO build il OF wood
coppered or uncoppered il seems TO me that il would
better that should be done OF the materials and he
manner YOU have contracted Tor
One word with regard TO going on with this contract,
for think il is matter oil practical importance, and re-
ates to the whole couo.ry IN mat view OF II think
there is something due TO the honor OF the government
and The question is whether the government have eve,
made a contract with these individuals not. lind
the appropriation bill Of 1891 nus provision That The
alleged TO have been made on the nth OF January LAST
The Secretary OF the Navy required 70 modify the con
tract How can the Secretary OF me Navy or anybody
else modify a contract unless the other side consents d
liz! II the government admit that they have made
contract il is idle to talk OF the government modfyur
that contract They cannot dot. takes two 10 make
I a contract and just many TO modify 1t. The govern
ment may in consequence OF It's power refuse TO execute
contract bu while they treat il as contract lhey
i must be bound by IT,
i But, say gentlemen, the government is not legally
bound, inasmuch as il was not signed II was only pro-
posed and accepted, and the government, not having
entered into written obligation, IS not bound by it, BE-
cause il is not legal contract. Then, IN that view Of
the subject the government can never make legal con-
tract. because they can never enter into covenant 10
which any legal remedy shall attach Before the statute
of fraud anybody who proposed to sell lands or anything
n of that sort might make contract binding in honor
and binding law, without placing il upon paper But
the statute said that they should not make such con-
L.. la unlas shpull ha
10 writing Neither the statute OF frauds OF limh
TONS or anything else of that sort, can be applied os
sovereign The statute OF frauds and the statute Of lin
ations not applying TO the sovereign, IN that The
,yernment can never make contract with another
party by mutual obligations because the government can
never enter into any obligation for the enforcement, Of
which shall attach legal remedy. Then, fan bind
= inv the government is concerned the contract was lust
exactly as fully made when the government made this
proposition TO the other parties and when they accepted
it. as il would have been II It had been reduced 10
writing. ~
! ton bill they will find that Congress did not undertake
10 do SO mean thing 10 direct the Secretary Of The
Navy to depart from contract which had been made;
n but the language OF il is this
"Propidsd That the Secretary OF the Navy is requedo
modify the contract alleged to have been made on The h
of January last 10 contine the same TO the con.
strucion of the floating dock alone, without the basin aud
9 railway"
That is, the Secretary OF the Navy required solo
7 apply the money then appropriaed-$i5 0,ooo-,ha,
should be applied 10 the construction OF The dock, leaving
the basin and railway 10 be constructed afterwards
was the sense of Congress that the dock should be built
first, and they wanted the $50 900 applied; thus
curing the immediate construction Of the dock. and ev
ing the basin and railway TO be appropriated tor thels
ter They went further and repealed so much Of bs
law authorized the construction Of the basin and rail-
!, way VIVA, was the meaning of that There
difference of opinion. The contractor said that there
contract. and the Secretary OF the Navy said that There
q was a contract Some gentlemen said, No CongRs
said We will not examine that We do not know whel
II er there is contract or Dot but TO settle the gus
J, ton and leave all right, we Will apply the mari
&c we appropriate day to the building OF the dock, AND
N we will leave The question OF the basin and railway open
N for future Congress. II there is no contract. will
no, authorize the Secretary Of the Navy proceed IN
re- der that law to make it, the contract not made, we
Of will give no authority TO make H. There IS pohng IN
The provso from which anybody would iner that Con-
" gess meant 10 do SO dshonofabe an act as 10 repeal
y contract which had already been made IN pursuance
law and there is nothing TO carry out such conciuHoa
~ In my Judgment therefore, that contract bndng-mnc
&C ing BY every obligation which can rest upon The gov
eminent Legal obligations cannot rest upon tue govern
e meni, but honorable ones can, and alwaysdo
was exceedingly struck, when this very bill was IN.
IL der consideraonthe appropriation bill OF The last Cop.
gresswiih the mark OF the honorable senator iron
a.. South Carolina now his seat think be said, with
penence and force, II merchant should enter no
:, such stipulation the government has entered MO-
= and should abandon il merely because il had not been
\ put in writing he would be dsgraced on change and
~ he would not vote put the government OF the United
y States in position which would disgrace gentleman
~ -, trust that every OF us would be unwilling
a' whatever else we may. we will consent that The
government Of the United States should be put IN nu
~ lion that would disgrace merchant or gentleman
M that be the this government Is bonnd-bouno
~ law and bound by contractbound by every obligation
-, that weigh upon honorable mindsto iuhl the con-
10 which they have entered into with these gentlemen
ne Now sir il be said that the government Of the
or United States in the exercise OF their Discretion nave
re- made improvident bargain flor this matter was @
se United by the Secretary OF the Navy TO the Bureau
Docks and Yards; and Commodore Smith, alter oan,
il 10 his aid all the assistance that the government oo
Is give him, and OF all the various officers TO whose jun
he dcton this matter most appropriately belongs suom
letter to the Secretary OF the Navy, in which be eh
of the OF this work. il built by the government
10 after he hal made all the inquiries he could, at sl
of 69 and he then gives the contract price which sE
zee 10 these individuals 81 455ooo II is the opinion n'
10 men that by the entered into by the Secfe
-e. OF the Navy with these gentlemen, there has been
ga actual saving TO the government oil 42s000 out OF wh1
for the work would have cost the government II they "a
an built il out OF their own means This will he founo
he letter addressed by Commodore Smith, the head Of n
y Bureau TO the Secretary OF the Navy the l4h Oh rev
ar ruary, 1850.
ly proposing 10 build basin and railway IN CaliionN-
work for which contract entered into by the seer
ok ary OF the Navy under that law with these gentlemen
en- for building it, That law has been executed so l@
anything remained for the government 10 do, By the ~
| tering into this contract by the government onee
be whose duty it is TO superiniend this matter, ana WV
lat took great pains TO inform himself with regard TO 'he co.
is Of the construction before he submitted bis opinion
ro the opinion OF the officer at the head Of the department
this contract is actually made with saving TO me so
is eminent of nearly half million OF dollars Why me'
nd shall not This thing go on -.
he Ii is said has been tested have taken some pan
,se 10 look at that that it is stated that The dok