The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-18

.-.....s---...z.s~z-~..-1.-z....-...
service / may have said terminate the contract Thq
may be the technical phrase for IT, But the Secretary
of the Navy has by the of the contract and the law
power to terminate the service by taking the ships II all
the ships taken the service as matter Of course Is ter
Mr. MASON That is the inference Of the senator.
"You take my life
When you do take the means whereby liye."
The senator may infer that if the ships are taken, the
company could longer continue the service and II
would be terminated. That may may not be but the
power Of the contractors when the ships taken to
continue the service within the terms Of the contract II
they procure other ships, so far as can see exists
say ft s in the power of the contractors after the ships
taken continue the with other ships and TO
comply with their contract they would have right to do
SO as far as know. We this contract
suppose in good faith and what is the meaning OF it 7
With view 10 induce the government TO make il the
idea held out and afterwards incorporated into
the contract that would be valuable the government
TO have such ships always at its hand in il wanted
them and accordingly the law provided and the contract
carries il out that the ships should be built of certain
construction under the superntendence of the Secretary
of the Navy to be governed and troed by him
tain extent and should be used for this mail IT.
provided that accrtain number OF ships-three be-
eveshoud be built and that during the contract If the
government found it necessary to do it should have
power to take the ships but it contemplated
for moment by the contracting parties that the govern
ment should avail itself of that privilege not for the d
purpose of bringing the steamers into the service OF the
government but for indirect purpose of terminating
the contract That was never contemplated, ! will guar
anty.
should say therefore, that if you did terminate the
contract you exercised the power it would be nequita
bly, done unless the government bona fd wanted the
ships for the public service but whether it wanted them
not the contract authorizes it take the ships at n
valuation. That it has right do within the letter Of
the contract but if it takes them, the contract is not
terminated provided those who made the engagement
yet carry it with other ships, within the terms OF the
contract aud they may have il in their power to do
have been informed by those gentlemen who inter-
ested in this that in order to enable them to
cute it they have been obliged to provide larger number
Of ships than the contract stipulated for 10 supply the
place of any that might be disabled which they had in
the of repair and that they had been obliged be-
sides that to expend very large of money amounting
to 100000 100000, the Pacific coast where their
contract exists the form of workshops places of depose
houses, and other buildings involving large sum of
money to enable them to keep their ships properly
They have suggested that of loss to them
which necessarily il the contract is terminated
by the strong hand Of the If that be true
and believe it is and terminate the contract in the
way this bill proposes doubt very much whether Con-
gress will ever be called together hereafter which will not
find incumbent upon them duty from which the con-
scientious disposition of their constituents will dis
charge hem make full and ample compensation in dam
ages for the violation of the contract
But have not the power TO do what the bill pro-
poses and should, therefore, be reluctant to use it.
understand the senator from Texas to submit his motion
test question and suppose those who agree with
will think that the best which pursue to
get rid of the BILL because in its present condition. is
the only method adopt which will defeat the OBJ
noxious third section The appropriations which in
tended to be made at the last session made be-
the bill did not pass They be made at this
sion, and made upon pending appropriation bill,
without delay presume SHALL therefore for the
motion of the senator from Texas.
Mr.. CLAYTON obtained the floor
Mr.. HUNTER. With the permission of the senator j
wish to make single suggestion II is this Perhaps time
will be saved we take the question at once poponng
the bill indefinitely Upon that not dspascd to
any thing present The in which feel most in
terested is the question of difference between the two
houses to the notice to the Of the Collins line of
steamers and If the Senate refuse postpone the bill in
definitely Derhaps desire be heard the
ton Of notice If the Senate agree the indefinite post
ponement it will cut off all that desire to say.
Mr.. CLAYTON. Mr.. President, think it is very for
thing that this bill did not pass at the last session
of Congress The question before the Senate clearly
involves the honor of this and the faith of
Congress The contract to which the senator from Virginia
Mr. MASON audes is clear and distinct in its terms Con-
gress has right to annu the except according
to the stpulatons contained in the instrument They
were that at the Of Congress after the contract
was made it might be annued but there auhori-
zaon given in the instrument any subsequent Congress
to annul that contract Ii we to proceed to do it,
should in my judgment show the extreme of bad faith to-
wards these parties and the btterest enemy Of
the contractors would not under any circumstances
sent to get rid of the contract in this manner.
Sir at the succeeding session of Congress af
ter the contract made, in my opinion, If the question
had been presented whether the contract should be
nnled not Congress ought TO have acted ITSELF and not
delegated the power decide that question the Attor-
nsy General Postmaster General anybody else The
reservation of power to annu to Congress alone and
that species of which ought to be deega
ted But here after that session Of Congress has passed
asked to consent that Congress shall annul it
drecynot that it shall be annulled by Congress- the
contract provided, by subsequent Congress-but
that it shall be annued by agents appointed by Com
gress which itself had power to annul it, trust sir
that without any division among shall consent to
indefinitely postpone this bill in order that may take
up the whole subject hereafter and do justice to the par
ties taking special care not to dshonor this government
am for the motion of the senator from Texas.
Mr.. WELLER There is, doubt, such a clause in the
contract read ny the senator from Virginia. but
there was also clause in il which required that these
sells which be used in the transportation of the
mails should be that they could be readily
converted into steamships of II was therefore
object which the government had in making the contracts
to ndnce the who agreed to transport the mail
steamers to construct the ships in such
that they could be readily used necessary for pu
poses
The notice contained in the third of this bill pro-
vdes that the shall be terminated If in the opn
ion of three officers who nameA il be done legally
There here who proposes deprive these persons
OF their contracts But for the discovery of gold in Cali
fornia the contract for carrying the mails from Panama
San Francisco and Astoria would have been most rnnou
to the contractors and willing that they shall be
ply rewarded for all the risk which they that time
in entering into the contract But suppose sir these
sells had not been constructed in conformity with the
tracts suppose of them fitted for pnr
poses if they should be required by the
such purposes then apprehend legally under the con-
tract it can be terminated notice being given BY the
provision of the contract which has been read by the
tor from Virginia without the assignment any
a all II might have been terminated the succeeding
sion of Congress IT. however it is found that they have
not complied with their contract then apprebend, the
provision which alluded to by the comes