The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-25

,bs navy office Portsmouth, ior tune when mere was
no na Mi was reported 10 the Senate without amend
snt ordered 10 be elgrossed Tor third reading read
third time, and passed
pRE.EMPTIoS RIGHTS.
n, DOWNS asked and obtained leave TO introduce
Al "a extend pre- empton tights 10 unsurseyed lands,
p ~, oher purposes which read twice, and refer.
nd 10 the Committee on Public Lands
CUSTOM HOUSE CONTRACTORS
IA motion by Mr. WADE. the Senate, as 10 committee
The whole resumed the consideration OF House bill
I95 for the reliei oil Chafies .. Matthew's ehaies
Wood and James Hall
II proposes to direct the Secretary OF the Treasury TO
av 10 The parties named 10 any other person or per
oos by them duly authorized 10 receive the same, $2,
no AL which shall be in full satisfaction and discharge
al ali the claims which they. either OF lhem have upon
the United States Tor, or on account Oh damages ss-
tanned by them in carrying Out Their contract 10 furnish
marble for the basement OF the custom house lately built
;" The pending question was on the amendment reported
from The Committee OF Claims TO strike out OF the bill
the words any other person or persons duly au-
,horized by them to receive the same"
MT BRODHEAD. presume there can be no obec-
lion 10 the amendment Il strikes out that portion OF the
nil which allows any other person authorized by The
nar,ies TO receive the amount II the clam rs 10 be
piyed at ALL The COMMITTEE =, h propose 70 pay uiee'S 70
BrI MI President hope that the Senate will not
ag,ee 10 The passage OF the bill This is the case OF
Matthew'S Wood, and Hail. which we had up the other
day. and regard which the senator from Kentucky
IMr. UnDsRwooDl advanced such reasonable, sensble
and well founded objections. II Is CLAIM against The
government of the United States Tor damages Tor me
nonfnlmsn of contract in regard to marble alleged to
have been furnished Tor the cuslom-house IN New YORK
Il rarely happens, Mr. President that this government
ought 10 nav damages for the violation OF contract
Those who enter INTO contracts with the government
more frequently violate them themselves ms govern
men through its officers, very seldom violates It's con-
When the claimants first presented Their application to
Congress they alleged that they had taken me contract
too low; that they had lost money BY ana therefore
80 fah e.
me1t Now if in their first memorial they told Tue tluh'
thew are not entitled anything But the cam as men
presented was haey h ha he Off
Gers prevented their proceeding with their contract a
certain patterns were furnished 70 lhe' anu 'a'
,neGi , hs had taken the contract too low. That IS
the real state OF the in my OPINION ihey M a
the contract too low as hey saS anu indemnify every Der
son who chooses to enter into contract WIN Tue gov
ernmeat aud loses money by il. They bd low. iha'
wa, their business If we pass thus ohl we shali en-
every all contractor who happens to lose money
by contract to come here and claim compensauooh.
When this case was before the Committee oil Ciaims II
looked TO me if il was somewhat made up anu Z LOT
one could not agree favorable report FOR lhese
reasons independent of those so we'll stated Dy ihe non
orable senator from Kentucky Mr. WV" vas
ON the Committee of Claims this case presented i'se 70
his mind in the same that i now does 10 mine
hope, therefore, that the bill Will De rejected;
Mr. WADE. think it is due to these parlies' whose
claim has been pending before Congress Tor long ilne
that we should now come TO aconcuson upon u lhave
no interest in the passage OF the h oal u was Con
led 10 me as subcommittee. endeavofed 10 inVesn
gate all the facts OF the very Carefully ana coud
come 10 no other conclusion than that 4 was clam
which the government could not and ought not 10 all
this time TO pay. -
In the first place, they presented their CLAIM 10 the
Treasury Department and was taken INTO consldera
lion there The investigation at that time was az pdre
Witnesses were examined; dispositions were TAKEN and
they made very strong against the government ana
a report made in their favor. II is long Inc ev-
Tha Hnngp n a
lives not being satisfied with that report, referred II back
10 the department. directing that evidence should be taken
the part OF the ana tha pom
proceed to take testimony precisely as they would before
court They went on in that way. The government
sent Two agents oil their own, attorneys 10 investigate
the case on its part They proceeded TO New YORK; and
there denosi,ions were and were
held until both parties sashed indeed ihe altor
news who were sent there by the reported that
All the testimony that could be found went TO strengthen
ihe case of the claimants and finally reported that they
could do no better give uplha the iurher they
went the further they put the government IN mat was
their repor The testimony upon lis face susains Inc
claim Of the parties without any kind OF doubt or ques
ton do not know that there is any counter 'es'i'
mony. .,oa >, ,h;v nod. ~
irving that issue and having 1aed beng entirely beaten
and overlhrown BY H. do not see now u can escape
with honor from paying me clam LOT ea'hos oe'. a
trial. with lurking intention that u the government
was beaten on the evidence, they would not pay 'he
claim The case was fairly tried. There was iuil ex'
animation and Cross am nation OF Witnesses and then
The depaTnent making another report IN Their iavO
hardly see after putting the parties 10 that trouble now
we can escape paving the clam, unless we can escape
upon the testimony and that is not pretended
The senator from Pennsy vana, probably, does not be-
Ieye the testimony. But that Is all one way, ana II
shows this state of facts The claimants made con-
tract to furnish for the basement story oil ine GUS
ton.house Ii is a good while since have looked at H.
10 be sure, and cannot give the. details OF the eonac
Particularly; but the feature OF II was that they
furnish the stone at certain price, ana wiihh
a certain time They proceeded with great force TO
perform their contract and TO do that tney were ooigeu
10 submit TO a very heavy outlay. The government
however, ready for The stones when they were
prepared deliver them, and then delivery was post
poned some six eight weeks. That IS an answer TO
the objection OF the senator from Kentucky, that they
did not perform the contract within the time specihed
Their non oil the contract was occasoDed by
The default OF the government in not permitting them TO
20 on Al fast as they should have done by the contract
The government them has reason TO complain OF them
on that account -
Then the superintendent OF the building was TO fur
nish them with draughs models and patterns by which
The stones were 10 be cut out for IL was part and par
eel OF the contract and condition precedent TO The per-
torrance OF the work. that the government was to FUR
nish them with The patterns by which to work the
stone and thew could work them until The govern
ment did furnish the patterns The superintendent com
menced preparing the patterns, bat got into some dim
Guilty. some misunder standing with the government. IN
consequence OF which he abandoned the work. The
evidence shows that the result the delay OF the work
necessarily for some three months The government had
get new SUPERINTENDENT to redTaught the building,