The New York herald., 1862-01-17

OF procedure adopted by upon reflection and
OF purchase ought state that believe that all who
have examined and understood the practical working OF
the system admit that proved by its results to have
The government being compelled in great emergency
to invest promptly large amount In the purchase Of
ships has without doubt or denial in any quarter,
ceived the ships purchased under this system the full
value of the money which Il has paid. II has under this
than the prices persstenty demandod for them BY their
owners Yet hear from the owners and sellers
no complaint that thoy, BY the operation Of this
grieved. On the contrary, I understand them to
say. almost If not entirely with voice, that this
large amount Of business has well and regularly
according to tho mode Of procedure wisely esab
lished by themselves for thor common advantage as
sellers and buyers of ships Law has not been violated
by the establishment and operation Of the system
unquesonaby would have been II had appointed mer
camille agent to do this work at fixed salary or at
And nnalIy-and state this fact WITH trust proper
sensbtyI do not learn that either the uprightness
tiaity, fidelity and capacity Of tho purchasing agent
most largely employed and most relied upon by me in
this delicate and difficult trust has been by those
who censure my action in any quarter or in any manner
impugned.
Certainly these facts weighty. With tho greatest
Difference submit that before the wisdom and justice Of
the Senate thoy may, when taken together. well have
even very controlling effect. When Secretary of the
Navy forced into the open market make sudden and
prompt purchases large scale Of merchant ships for
the public service with uprghtness OF motive and
grievance individuals he by strict conformity to the
fixed custom of merchants obtains for the government in
the face Of all the difficulties Of the case tho full market
value OF the money paid may he not fairly claim to have
faithfully and successfully performed that public duty
After mature consideration find myself unable to per-
ceive how such motive, srch action and such result
combined be justly regarded forfeiture Of pub
lie confidence" as being " highly reprehensblc." or rs
constituting +" gigantic mistake"
is due, however, to the Senate and to myself that
should yet closer t. the subject aud set forth pre-
cisey and plainly the ground of existing fact upon which
I lyat tn nj Of n
camille agent In the purchase OF vessels, but also to
pacc his remuneration for his services the basis of
the settled usage OF merchants both In its rate and in its
form Of payment by sollcrs
In q series OF cases, Inc OF which shall presently
detail, aud which constituted in my judgment, sufi
ciont trial. the purchase Of vessels by officers Of the
navy had failed and fairly broken down upon my hands
In truth this mode Of procedure never had the tu Con-
currerce OF my Judgment, for II was to those officers
line Of business new and wholly unprciessiona and
burden which it was neither just nor judi
patriotic had their conspicuous and indis
persabe place in the business judges OF tho Vessels
Just there their proper duty and that duty they
faithfully performed. But bargaining in the market WIS
not their ine. In then casting about to what coid
do i'll tho matter found myself confronted by the fixed
usage OF merchants, which these vgiia..t and sharp
sighted mcn had worked out to guard tho rights OF all
parties aud had made the practical law regulating the
business and the market.
THIS usage had no, made, nor could unmako It, nor
thrust Of the market, or abolish It's ration
its rules. was forced thn, TO lay hold it, to wid and
speak; TO harness II into t., tn, govern
mcnt. 1his my ask-do'icatc diicuit, emblrIass-
ing enoul h. but yet to be erfo mel without ceay and,
il possible, amid all its risks, without mistake.
ton popular and shielding nyscr frcIu ccnsurc by
employing several purchasing ag Its il the samc port,
being that my responsibility, already onerous
and painful enough would be multiplied, and their re-
sionsiby would be weakened by division and the
pubic interest greatly prejudiced by their inevitable
coupctitiun with each other in the market Nothing
thu remained bit to select single agent Of the right
tho s xs p '' uDon the s
!. ssble conditions, both for the 60, clnnent ana the
sellers, compatible with the unavoidable confoinii-
ty the usage itself. But this lot all. lie
too grave and exceptional to leave thing t.
any k chance which ceaid by possibility be avoided
II was essential tn should have, rt sibc, full and
thorough personal knowledge my agent, OF his oara-
city, and above ALI Of his integrity which no tempta ion
Guild sworye hairs breadth from the Ike Of rectitudc
Siore than this. l must, If possible have the
strongest personal he'd upon his capacity, dionce AMI
honesty, and must, possible, have m TO feel most
kecnly that my character and nor were nd.ssoiuhly
bound up with his and staked her upon every
step should take in each anti every Of tho trans
actions concd to him and in the general result Of them
all.
with all these considerations ruEy borore mo chose
tho man for my lie happened to be the brother
inlaw Of one who. i'll the private relations cf life, s
nearest to knew that envy and cav would seize
upon this accidental feet and brandish against and
that fair and honest criticism might Tor the mo-
mont consider it inauspciors and porp!cxirg, and so
reg ct it. Bot was therefore TO finch fiom my dcibe
rate convictions OF official dutyf Was therefore to
wi hhold from the government in it's emergency one
Tos sibly give Of tho por'ec. dds,y of my agent in
n | TO foresoa that l might for tmo ana
until the whole truth should be known be doubted
criticised or even unu.ty attacked On this account
u my intentions found the strength and the Grmn: to
tramo nl such merely selfish considerations under my
feet With thousands o! good mcn before me from whom
secc. chose tho best when personally know TO
90 my work. and ia so choosing did my duty, asd no
more nor loss than my duty. And now upon the fitness
Of my cEoce, demonstrated in the manner in which the
work boen doo ard in lis results. eminen,y success
fu IL spite OF all It's difficult cs take my stand and ask
for Judgment.
II Will he borne in mind, Of course, that when was
bound to make purchases Of the required vessels in open
rket there neither time opportunity,
thrty Of law wait for invite proposals for the sale
Of shi; ftom the nature of the such pro-
for particular classes of vessels for special service
sgddcn and often when 1t not anticipated by
the government or by myself, ano when still less could
tho extent Of tho demand be forosecp Tho ships had TO
be sought for and bougha once when they wanted
and as they were wanted.
Thus wholly of in all this transaction by the
very nature the case plan proceed ng by
sealed proposals and contracts with the lowest bders
which, for years past, tho gove nrnont has deemed
scatia to its projection, even In the lar less difficult mat
OF the purchase Of supplies for all &c artenls Of tho
public service by It's Official agents. Tho whole theory
practice Of law has been for years and still s
that these official agents tho government shall 20
tho open market and purchase such supplies but
that each department Of the government shall On the
contrary adopt the system OF contracts upon separate
aod proposals from bidders. The object Of this is of
COURSE protect the government from the risks which
Of suffering loss and mlosition in the open
Ee. whom It's purchases there in its best official
hands.
being debarred in the purchase Of ships from all this
protection forced what protection could
for the government by tho employment OF mercantile
agent acting undoT that commercial usage which
chants have devised for their protection against
crlce or undue imposition In the purchase and sale Of
vessels make these observations not only In justi-
cation Of my action but because II has been sug
gesed that having employed mercantile expert to buy
ships in necessary conformity WIKI commercial usage,
in the open market might think IL right TO employ in
tho same way mercantile agency TO make contracts
for tho construction OF ships, In regard TO which
thofc Is no such commercial usage and, OF course,
necessity OF conformity 10 II, nor possibility OF being
embarrassed by IT, can not tho slightest analogy
between the two cases and repcl the idea that any
thing done by gives the shadow Of foundation any
inference that could under any circumstances coune
tolerate for moment the purpose Of employing
any mercantile agent urcn pcr ccntage In any other
form Of compensation negotiate contracts for tho
sruction OF shrs In any case where the execution Of
such . duty should devolve upon the department. Ny
position that when left 10 my discretion adopted
the very best possible way Of buying ships aud that the
result of the purchases proves IT, ard deny that this
fact furnishes any ground 70 infer that II left to my own
discretion should adopt the very worst possible mode
.r nsra.f fort tha a~crsf r.,,r.