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

i
Senate is incapable from the manner in which the bill is
before II from acting on the subject at all
Mr. DIXON Still the whole subject is before the SEN
ate and under their control and they of will
upon according TO their discretion understand from
senators that there is difference Of opinion whether
there any evidence establishing the fact that the contract
mas not been complied with in the building OF the vessels
which the contracting parties stipulated build The
honorable senators who favor the ndene
o. TINS bl say that the contract complied with and
hat the vessels were built according the agreement
Those opposed TO the posponcment maintain the converse
OF this proposition Now sir admitting that the question
ary and egitmatey before the Senate as TO whether
that contract was not complied with still the aucs
ton reeurs as to the OF Congress annu the
tract as il now stands the fact of the noncompliance being
conceded
think the senator from Virginia Mr MAsos was cor
rect the position be assumed that this had to be
annned at the specified time mentioned in the law under
which IL made that notice should been given
at the specified time by Congress Of s purpose to annu it,
II that not done within the time prescribed
tract Or BY the act under which it made then my
mind II is clear that attempt annnl it after the
time specified Is in deoRaon of the rights Of the parties
and violation of good faith the part Of the
with its czens II appears to me that this government
party TO contract cannot take upon itself the right of
setting aside without the Of the other party IL
may be- and perhaps is, the fact that you compel
the government to comply with any contract il may think
proper 70 make with citizen but nevertheless there
great principle which should influence governments well
citizens refer to the principle of honor That princ
pie Of honor should be more binding the government
than the citizen to comply with any engagement
into which IL may enter with its citizens
The government should be the fountain of honor, and
those who fill high places should by their example in the
discharge of their official duties enlighen the people
the essiy Of observing and keeping in good faith both
moral and legal obligations well to themselves the
government But If the government forge her obliga~
tons to the citizens how she expect the citizens OBJ
theirs hcr2 Let the government corrupt its
citizens by becoming corrupt ITSELF and setting them bad
examples Let il them to become treacherous by
first proving itself false and fahless to them
this government Is to make contracts with its citizens
and then violate and disregard them at pleasure it
claims to the people of this republic that they have
the right to disregard the moral obligations of contracts
and violate them whenever they may think proper proy
ded they can escape the coercve power of the law
not In favor oany such precedent as this opposed
to the government acting in bad faith with the citizen in
any respect and never will, by any word deed of
mine, either publicly privately countenance the part
of this government any act which would be degrading
the citizen if committed by him, 1t would be demora
izing to the naon If done by the government
Sir, do not think that the power TO annu these
tracts belongs to Congress. There time when
such power might have been exercised. That time has
passed. and il " now too late to exercise IT,
But, sir Iayor uf the indefinite postponement Of
the bill ground 1t is proposed to delegate the
power OF annung the contract to different agent than
Congress and understand that, according the pro-
visions of the law under which the contract made this
discretion to be exercised by Congress alone. To
give this discretion to any body but that designated in the
law would be evident departure from the plain express
terms of the contract which made in pursuance Of the
law Congress the body to exercise its discretion in
determining whether the contract should be aside
not and would be acting in bad faith the parties to
tion to anybody else. win consent to give the
power to any other persons than those whom under the
contract It was intended to be gven and to whom in fact
Sir did not rise discuss this question agree part
~ with the senator from Texas that perhaps it is not
proper now to discuss it. merely wish il understood that
in giving vote on the proposition to postpone
to uphold the honor of the country stand by
the public faith, which is pledged to those who have built
vessels under their contract with the government and
who have expended their money the supposton that
the government would act in good faith with them. If
the government has made bad bargain let it take the
consequences of its ndiscretion in entering into unor
tunate obligation will not consent to relieve the gov
enment from its obligations merely because may have
made contract which has not resulted proftably it
anticipated
Mr. HUNTER. Mr. President had not intended to say
aword the question Of indefinite postponemen is
purpose to much hut the debate has taken
such turn that it to that owe it to the
mee and perhaps to the other house. to show that they
did not act the presumption that Congress could
set aside its contracts whenever it chose but acted
upon Interpretation (whether right wrong, yet
nerpreaton) Of the words of the contract ITSELF rather
the law under which the contract made
did not intend to say anything the question, be-
cause practically believe that is of much Importance
believe that if the power given, the Postmaster Gen
eral would not think it expedient exercise it believe
he would not think that il expeden for the govern
ment to buy these ships although he Is of opinion he
says in his report that the words of the law give the
power to terminate the contract whenever choose
condition of taking the ships That Is the opinion of
great many II the opinion Of the House of Repre-
sentatves II there two sides that ques-
ton. -
Now, sir, when II provided that Congress should
at any time take the ships upon valuation what
meant by it? Is it to be supposed that after they had
the ships they could have enforced the contract the
conracors2 Could they take away from them the ships at
valuation and then say "Sirs you must go with this
contract2' Not at all. That would be manifestly un-
just Does not the rule operate the other way ALSO Was
il not perhaps the intention of the trainers OF this law to
enable Congress- If they should become weary of the
tract to terminate it paying for the ships which
Congress supposed at the time they passed the law,
would amply compensate the contractors for all their
outlay. merely say that there certainly is enough
this side OF the question to justify the supposon that
those who voted for this provision did for II upon
the belief that they could arbitrarily terminate contract
whenever they chose But did not propose to discuss the
question: nasmuch as did not suppose that practically
much involved in the passage Of this bill so far at
least purchasing the vessels Ia concerned because do
believe the Postmaster General would think II polite
subectof indefinite postponement The matter which in
teesis the notice to the Of the Collins line
think that notice ought to be given II the Senate shall
postpone the BILL may have something that
question: but in regard TO this have said all that shall
say.
Mr. JONES Of Tennessee. shall vote for the indefinite
posponement of the b for the which have been
stated by gentlemen this floor because am not willing
do any OF Injustice but in order to put myself right
the meaning Of the vote which shall give desire
to say that should be willing TO do whatever
Collins line of steamers and in giving this vote do
yield my position that subject If other senator will
offer the proposition at the proper time shall do II myself
to serve the notice on the Collins line.
The motion for indefinite posponemen of the bill
agreed to, and il was therefore rejected