The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-06-10
WASHINGTON acfrY, THURSDAY, JUNE 10, 1858

not limiting Ia price to BE- pad for The site and the site
Legal 70 contract to psy ors than at esrsin sun fo.
the site la this FORM doubaesa very different answei
would have been giyep Judge Black evidently did not
have before him. at tho dme hts examination the APP
psopriseon act Of March s, 1887 hs given
dfaerent Srtnicn; for the subject had bssn oialy
submitted to him while 1t In progress. and no had
sanctioned and approved s the legal advser Of the Sec
retary of War ~ eft<9S ~ sSlitiwrf%N
Bat Gsne,al .Tottsu Is mistaken whea hs says that
there WA instance within his experience Of pur-
chase of property exceeding specific appropriation
was DONE and by Gensxa Teasen himself In the Fort
Toapkins addition, and NO later than August of last
ysen Inthk eeaa the Land ~ .erss) was Pprchgd y
80 psr acTs s4d Ne Appropriation was ,See, and
Ynliks that which Has mA Tor esesassV the fort at
Wietts Point ws complete and final In h terms. Yet,
for certain reasons t thought better by Cen. Tot
ten TO pay the additional $780, ee scstony Of Capt
Wright, 227) This may not have been strictly legal
II not perhaps il justfed, mg at least BE- 0k
cscd by the exigency OF the But mGtEAr what
the reason Of the act shows clearly that the government
has not in all confined selfto the exact
Of specific appropriations and that General Totten
testimony tho question s to that extent at least
| fault ~ f7 A M ltl l'eG
In conclusion on this point IL Is very wen known that
it has been the practice Of the where incpent
appropriations made with the evident purpose Of f
turc appropriations, to exceed by cncpatvc contracts
the existing appropriations and this from the necessity
of the case being mpractcable contract for half
finishing or factonally finishing tho various classes Of
the work upon public structures Almost all the public
editccs constructed by the government, including tho
Capitol In which Congress SITS constructed under
contracts ancpative to the greater part of the
penditures upon them
n. As 70 the second point that tho land rr;g have
been bought for less than was In the end paid for It,
The undersigned do not ruple to declare their entire
conviction that II any time the land at Wetts Point
could have been purchased for less than the actually
paid for It, 5000 0Oo there sort Of blame respon
sibility for it resting upon the Secretary of War
The very first ntmaton made to the War Department
in regard to the purchasing Of and for fortifcaon
opposite Fort Schuyler contained in a'confden-
tia letter from Major Bernard the local engineer, to
General Totten the engncerin-chief dated March the
24th 1851 In that letter the engineer informed that
Willetts Point is r the most eligible site " that Mr.
Wiesman, the then proprietor, had made proposition
to take for the property 600 per and for
improvements and authority Is nsked for him Major
Barnard "to tender Mr. Wiesman sl0o 900 for the Ill
ho beyond the creek II he positively de-
clines this to have the authority to offer from $3.50 to
$1,000 per acre, upon actual survey Of the land, and to
compensate him for his improvements by liberal ap-
piaisement' (See Major Barnard's letter. PIP. rs, 81
Now, 1t seems to be inferred and those who the
lookout to find ground for accusation will doubtless
charge that the property at Willetts Point ought to
have been purchased Mr. Wiesman's proposal for by
it the government would have saved SIC, 900. &f
But happens that this letter Of Major Barnard and
the proposition Of Mr.. Wiesman not in time sub
mitted to the Secretary of War. 's
General Totten mys, 1t is true that he "early"
municated to the Secretary Of War Mr. Wiesmans prop
ostion. (Sce his evidence, p. 90.)
In this General Totten Is mistaken He did not do
what unquestionaby, he ought to have done He did
not communicate to Governor Floyd the contents Of Major
Barnards letter. and the substance Of Mr. Wicsmsn's
proposition On the contrary, he responds to Major Bar
nards letter of the Gath March by letter dated the
26th of March, (see p. 247 } as follows:
'sI have Secretary
to Mr. Wesman the mention for his wilkins
pou and, therefore, haze not ssitd proTortionO A"
Had 1t been fovtoM submitted to the Secretary short
the time, the proposition Of Mr. Wiesman might
have been considered and accepted 1t might have been
submitted the 25th Of March, for that day It
have been received and between tho 251 aud 3lst of
March the matter might have been considered by the
Secretary and the cabinet and arranged os the proper
ty passed from Wiesman to Irving which took place
the first Of April following the sequel will show
Up to the 26th of March, then, General Floyd was
kept In ignorance Of Wosmans proposition sell out
at $l30,000. There nothing to indicate that he kmew
anything the 2Sth 29th 3Oth OF March, for
the reason that induced General Totten not to sub
init Major Barnards letter, and Mr. Wiesnans PROPOSE
tion on the Goth would equally him to withhold It
the 27th 28th 29tb and 30th inytnts during which
he supposed Major Barnard to be acting under his instrc
ons Of the 26th March, directing him u proceed to Al
bany to procure act Of condemnation. II appears from
General Tottens testimony (see pages 49, 9O) and his
letter. that his decided preference in this particular ur
chase, though not in others, for condemnation and
assessment by aury, which indicates the absence of all
proneness his part to urge the acceptance of pur
chase in any other mode. ~ Faa bi.,a s. yais rssfg
The significant question, then, arises wAM. did the
Secretary Of War first have notice Of Major Barnard and
MT WlaSman D prop0Etonl t 81 rts t 81
According to the positive statement of Gov Floyd
(Which fortified by all the circumstances Of the
not until his attention arrested by clegrsphic
municaton from Major Barnard to General Totcn Of the
slst March, (see p 252 apprising the latter that
less tho bargain instantly closed with Wiosmsn the
property would pass into the hands of speculato and
the government be then forced to pay exorbitant
price. M M y, 4ta.asf Is g8ta3tNY ers.r
1t that tho night of the 26th Of March, 1857
Major Barnard ee his letter of March az had got infor
nation OF tho existence of conditional but written
tract between Wessman and Mr.. Irving 10 the effect
that the government did not close the purchase with
Wiessman ut $l20OO0 by the LIST day of April the sad
Irving at liberty to take the property ut $780, 600
Accordingly, fearing. he says that tin governmsnt
would lose largely by condemnation Of the land and
that unless Wcaans proposition should bo accepted be-
fore the LIST Of April the land would pass nt0 the hands of
spcculatO and the government bo thus forced to pay
exorbant price, he again, by letters dated the Gath and
30th of March, urgently appealed 10 the head Of the b
for authority to close Immediately with Mr. Wies
and the 3lst March telegrsphic despatch wss
sent by Major Barnard to Gen. Totteu ~ the eioc
See letters Of Major Barnard of above date see sso Ma
jor BIS testimony, p l73 "A, rs; slso tslegraphic
despatch Of 3lst March. filed with the papers in tho
case.) flss NJ &,s les NJ ej'aiqao lf - 3 fi5s,4
Now It this tccgraphc despatch communicated TO
the Secretary OF War late in the evening of the sst
March, just he leaving his Office he says that
conveyed TO him the first integence Of any negotiations
being in progress for the purchase o the property and
the urgent necessity for immediate decson on Mr.
Wiessman's proposition. a Nifa{ .i NJ Fs{7ssf
50 that only two days elapsed from the time the enx
bureau written ~ the subject until the sale
from Wiesnaan 70 Irving actually made ana closed
and only fraction of day between tho tune Governor
Floyd first apprsed Of tho Wiessan propoAton and
49,. k~-v v--~uu 49, r. A H." - a