The daily union., 1852-12-31

marble for The basement story Of the -house in
New York A part and parcel OF that contract was, that
the government should furnish them with patterns
work by. u was impossible for them 10 proceed with
that part OF the building unless government should fur
n'sh Them with patterns by which they could be guided
IN getting out the stone and Il Incorporated into
he contract that the government should furnish these
patterns 10 them free OF all expense. The evidence
shows that they proceeded with the performance OF
that contract in good faith and with great diligence. for
some three or four months and then the
OF the work, who bad the draught Of H. and all these pat
terms which they were TO work by got into some diff
Guilty with the government, and the final result
that he left the work, think the government offered
him three four thousand dollars il he would go with
the works but he would NOT do it, and he refused to give
up the patterns or anything else. These complain
that in consequences Of that great number of and
leans, which they had procured perform this work,
were delayed and thrown out Of employment, leaving
heavy expense TO fall upon the contractors. 8 Is
Ia the first place. this claim referred, believe to the
Solicitor OF the Treasury and he proceeded 10 investigate
it, and took good deal Of testimony, and made report
aHaD we now propose 10 ave them Thai "a. ss .-1is
factory to the government and the case rereiered
further testimony taken. and another report was
made in their favor by the Solicitor of the Treasury.
That not being satisfactory Congress referred II back 10
the Solicitor, with directions Tor him TO take testimony
the part OF the government in the city OF New York. aud
make another report Well, cir, the government EN-
poyed solicitors there and depostions were taken The
evidence is very voumnous In making that report the
government did not take any testimony but the claimants
they would in suit between private individuals; and
they examined all the Witnesses whom the government
proposed to have examined. The slamsa,s took -ths
testimony the presence OF The attorneys o he govern
ment, who cross-examined the Witnesses, and the
lcitors there gave IL up. saying to The department
that they could find no testimony adverse 10 the
claim, and that they believed the further they exam
ined it the it for The government. They said
the testimony all way all showed that the work
delayed TO the extent which the contractors claim.
The testimony all shows that damages sustained by
thpn IN an q
them. donot recoec that there was single witness
bat what confirmed that statement, of the case and in
making report from that testimony do not know OF
but one conclusion 10 which we can The govern
ment has bad fair opportunity OF investigating this
whole matter; II has undertaken to do H. and il did in
the same way that persons having private interest in
sides which produced All that say IL, hi al
the government found in default far the lesi-
m9ny Is concerned.
Now, how we can resist the force of this testimony
without any countervailing testimony, is than
know. We either proceed upon the testimony, or
there a y no use taking ihs IepoI, very long
made by the Solicitor OF the Treasury imbodyng all these
facts and have examined the thoroughly. think
that there Is no testimony gong 10 overthrow ms
statement OF the which made by the claimants 1t
is true there was peiitoaA TO which the senator from
Pennsylvania has alluded The first petition upon this
claim seemed TO be rather loosely drawn up, and per-
haps they may have said, without a knowledge of
their rights, that they based clam for damages upon
the circumstance that they had undertaken 10 fur
Dlsh this stone al too low prce; and IN that aspect
of the report adverse 10 them,
upon the principle that the government could mol
relieve contractor merely because he had made hard
bargain where there was no fraud in il In that aspect
OF the the committee very properly reported against
H. But the claimants amended their petition, and upon
this amended petition all this testimony h taken and
assuredly. il proceed upon the testimony,
come to but conclusion, which is that they enti-
tied TO damages II, however, we to 20 outside of
the testimony and 10 act upon mere suspicious, do
not know where should come out can get nothing
al festl heel rQl prrpd
me Than the opinion that the case rs fully made out
against the government and that the claimants enii
He'd to damages 10 mach greater extent than we propose
to allow believe the bill has been three four times
ayoraby reported upon IN the House OF Representatives,
and has passed here and with this explanation leave
the case
Mr. UNDERWOOD. Mr. President, | hope tha, this
matter will be postponed. in order TO allow the chairman
OF the committee Mr BRoDHEAD1 opportunity TO ex.
anime all The facts in this case and TO give us his
views at length concerning IT, examined this claim,
sir, while was member OF the Committee Of Claims.
and have distinct recollection that TO the
cluslon that i was about as baseess the fabric OF
dream. wish 10 call the attention OF the chairman OF
the committee TO some OF my recollecons, in the hope
that II II is postponed he will examine the subject and
whether my recoecsns correct not, il has been
year or so since looked into the case.
These people claimed damages first, the honorable
senator from Pennsylvania said, upon the basis that they
had lost money by their contract That claim being
eced they then SCI up claim upon the basis that the
goverament was m default. The default which they
attempted TO throw upon the government 10 failing
10 furnish patterns by which they 10 make their
rock TO suit the buildng and in consequence Of which
failure upon the part Of the officer OF the govenmen nj
they say they delayed IN the delivery OF the rock
and had TO keep great many teams of oxen and great
many hands, and that they had to purchase great deal
of forage and TO board great many men. All this took
place during the winter season, when these and
consuming daily and were perfectly idle And IN ma.
king this statement, they do not allow government
solitary cent for the earnings OF these men Tor some
MONTHS during which time II would appear that they
upon expense, and ma lie nothing, Now. there is
proof At all upon this subject, beeveshowng the
most papsbe neglect upon the part OF the officer OF the
government who had charge Of taking the testimony.
do not reeoec, that there was particle OF proof az 10
what these men and oxen could have earned II they had
been kept al work and had got employment. The dam
age consists in this-that these men were kept upon
wages for months when there necessity for them,
and there Dothag TO show that this person bound
TO keep them in that way according 10 my recollection.
But sir, that is not the great point OF objection, ac-
cording TO my recollection OF my examination OF this
claim ! hope the chairman OF the committee, IL the
subject is postponed will give particular attention to this
matter. which am now going 10 state My recollection
IL that the lime for the delivery ol the rock all fixed,
and that this officer OF the government, who, II has been
stated, failed 10 furnish patterns by which they TO
work, did not get out OF the way in time for ther,
in other words refused 10 furnsh the Patterns until
within few days OF tho time when the delivery OF the
rock was to have been made that il was utterly i'm
possible. from the time when this alleged default took
place 10 the time when they were 10 have deyoged the
rock according TO their contract, that they could have
suffered any material injury.
II was their business, according 10 my recollection OF
the contract have had all this work prepared and ready
for delivery long before this default upon the part OF the
officer OF the goyernmep il mus have been so, long be-
fore that tme II my recollection OF The facts is correct
and think that senator's will find 10 be upon exam
nation Therefore, II is mere preeyt upon the part OF