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


their purposes and supry their places with Others
part of the Of the original contracts that they
may at any time be terminated by the government after
running for certain period--ten years, | beeye-by
taking the ships of the hands of the yau-
alton The third secton--which by the way, has been
agreed to by both housesdeyolyes responsibility upon
three officers of the government which am unwilling TO
deyolve upon them. 1t puts power into their hands
which am very unwilling TO in them in reference to
this measure. 1t is very important Suppose they
to the conclusion that they set aside these
tracts and do set them aside they TO be authorized TO
20 and make contracts without any control by
Congress II they set aside according 10 Of the
terms of the contract they may agree TO another 1t rs
large discretion TO inrust TO the Postmaster General
the Secretary OF the Navy and the Attorney General
But sir suppose they terminate the contract and take
the vessels is Congress prepared to sanction that2 Is
there necessity for it Suppose the contrary, they
say the have not been complied WITH and that
they them aside and enter into new contracts what
is the result All these companies win petition Congress
for remuneration and do not know what kind Of
contracts should get Some gentlemen think these
bad contracts but we may get worse ones under the pro-
vision of this third section.
The BILL however in the condition That neither branch
of Congress reach h2t third section to modify it
Ia any way The House put into the bill provision to
give notice Of the termination the compensation al
lowed to the Collins line Of steamers That provision the
Senate struck out The House disagreed that amend
ment and the result committee of conference The
committee reported that they could not agree and the
last motion pending at the adjournment Of the Senate
recede FROM the amendment Now if the Senate recede
the third section will be the law of the land Then you
have to look to the consequences which will result to the
service and the country from its adoption If the Senate
refuses to recede committee of conference between the
houses will be the result and that committee win have
nothing before them but the question of notice. They
could touch the third section They would only have
take into consideration the matter Of disagreement be-
tween the two houses They could only reach the ques
ton Of giving the notice TO the Collins line.
do not pretend TO make any motion upon that subject
but it to that the bill is not properly before the
Senate 1t of the annual appropriation bills
of last session 1t then defeated to all intents and
purposes by being acted upon There provision
in it which was to require certain things to be performed
after the 3st of December last but ii reads the 3st of
December next However, do not intend TO cavil about
that My impression is that thebeter pursue
the subject defeat the bill entirely and then the
Committee OF Ways and Means in the House send
another bill here and these matters be attended to
properly with time for proper investigation and without
hasty legislation upon important subject In order,
therefore dispose of this BILL enable the House
to go with another 10 supply its place. and in which all
these matters be eachedor they cannot be reached
by the Senate and House of Representatives through
committee of conference this matterI move test
question: the indefinite posponement of the bill would
move that 1t lie upon the table but that would cut off
debate.
Mr.. MASON. When the law passed in l841 author
zng this contract of those who utterly OPP
posed to the general policy and character of the engage
ment. But the law passed; and the contract made.
Now what the contracts My attention has been called
to since because it is probably known many senators
that the bill brought u.s. in its present shape
the very heel of the last session. when confess for
knew nothing about it, and when it almost mprac-
tcable that | could know anything about It. Now,
Wnat mace on the 1Oln Oh NOVeIl-
be l847 in pursuance of the law that passed in March,
l847 1t provides at its close:
understood and agreed further by the parties afore
said that this shall continue force for the term
ten years from the first of October, lS4S." e,
This will bring its termination to the first of October
1883; and until then, unless there be something in the
authorizing terminate it, the subject is beyond
jurisdiction if the faith of the country is to be observ
ed. 1t is to extend to the first of October, 1855
unless annuled by Congress that Congress may
period during its coming session. direct it to upon
such conditions OF equity and fairness as 1t may think just
towards the contractor TO establish"
suppose the fair construction of that would be- that
the to annu reserved to Congress- provided
that power was exercised the first session after the
made But IL that the contractors having
Misrepresentation that this clause of the contract might
admit of equvoca construction addressed letter.
temporaneous with the contract the Secretary of the
Navy and asked him to modify its terms in such way
to make it explicit On the goth of November, lS47 four
days after the date Of the contract Mr. Aspnwal who it
seems of the contractors addressed letter the
Secretary of the Navy with whom the contract made
| under the law, and said to him:
On reading the contract of my associates
inserted after the word Congress where first used the
last clause in order to explain clearly the true meaning of
@ a e @ r
the nterlneation and have the by wit
do not doubt that will consent to this exana
tory nterlneation."
The Secretary of the Navy replied him. the 22d of
November, two days afterwards, thus:
SIa In reply your letter of goth instant, you
formed that the referred the
Harris intended to to Congress the of
nulng at the coming session Its true Interpretation is
that exercised the coming session the contract will
continue for ten In my report to Congress have
stated such be the terms the contract and have asked
Congress act definitely this session the subject by
annullng approving for the torn. L. of
mend their approval There is objection to altering the
contract after the execution of the and the bond This
alteration is unnecessary the department unhesatngy
declares in this FORM that the true Interpretation Of the
tract it stands is that which the proposed alteration
would give to it,
As far have the capacity to construe a contract
gave to Congress the power annu it. provided it
exercised at that coming session But the contractors
thinking doubt might arise, asked the Secretary to
amend the contract by putting in clause to make its true
meaning clear The Secretary said it unnecessary
for its true meaning already cear-hat if the power
not exercised at the coming session II gone
What is proposed by this bi2 To delegate three
ecutive officers power determine whether the govern
ment terminate the contract-a contract
made by the authority of Congress and which, for of
those who called upon to decide clear in my
judgment you cannot terminate without violating it,
and subjecting the government only charge of
breach of faith but TO damages The proposition is to deli
egae TO The officers of the power to do that
which ought not to do IL undertook 10 exercise the
power ourselves have said and repeat opposed to
making these contracts but there is
this oor-I hope there citizen in the countrywide,
when the contract made would authorize its violation
unless fraud improprety alleged If
to violate the contract in thus terminating it, should
only subject ourselves TO the mputaton Of bad faith
tribung the injured company in whatever damages it
| uIn nuIA far