Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-06-26
senator simmons, commission,

Senator Simmons ''COmmissiOn."
We find in the New York Evening Post
condensed account of Senator Simmons sale
of his influence in the matter of gun con-
tract. The secretary of war has sent to con-
gress portion of the report of Mcssrs. Holt
and Owen telling how a Mr.. Schubarth Sc
cured gun contract. Mr.. Schubarth is an
arms manufacturer at Providence, Rhode
Island. He has had two contracts from the
government to make guns, to the number of
fifty thousand; and from the pamphlet it is
shown that Senator Simmons, of Rhode Isl
land, got the orders for him, and was hand
somely paid therefor, or is to be hereafter.
Mr.. Schubarth thus testifes =
II came to Washington and got my order
through the Introduction of the senator from
Rhode Island-Senator Simmons. | had a
patent breech-loader of my own, and came
to Washington to get an order for it, but was
told that there was no time for trials but that
a Springfield arm was wanting, and could
get an order for them. l proposed making
the breech-loaders myself, in Providence; but,
upon getting the order for muskets, l found l
had not time enough to do all the work under
one roof, and determined to branch it out.
Nothing was said, either by myself or the as
sistant secretary of war, whom l saw, as to
the manner of making them. To raise funds,
l took into partnership Mr.. Ryder and Mr..
Griffin of Brooklyn; besides this, promised
a commission of five per cent. to the senator l
spoke ex-senator Summons of Rhode Island
for his services in obtaining the order for
me. | gave him no written promise; but
when | took Ryder and Griffin into partner
ship with me l mentioned it to them, and |
think the articles of partnership refer to 1t. L
have not concealed the matter, although |
have not conversed about it generally; but |
recollect mentioning it to some persons. |
believe, also, that it was referred to by me in
a letter or in conversational am not sure
which-with Mr. Norris of Springfield"
Here is the further examination of Mr..
Schubarth on an important point =
'Question by the OBSERVATION-DISCLOSURES
you were not allowed to execute this contract
or suppose the government did not pay you
for the arms, would you be bound still TO pay
senator Simmons the five per cent. commits
sion promised to him, that is, $4,000!
"Answer-Yes, sir, as far as my word of
honor is concerned, should be bound to do
SO.
''Question-Doy you think that senator Sim
mons considers that you owe him this money,
should the contract not be confirmed?
''A.-I suppose so. He has performed his
part and l should perform mine.
'Q.-Were you aware that the offer by you
to senator Simmons, for compensation grow
ing out of a contract between you and the
government, was in violation of law or that
the receipt of such compensation by him for
such services would be in violation of law?
'A.-No, sir. | understood, on the con-
trary, that it was customary to make compen-
sation for such services and | have heard of
many cases in which it was said to have been
done. In one case as high as two dollars per
pistol is said to have been promised for pro-
curing the order. | desire to add that | am a
Norwegian by birth, and have resided only
about twelve years in the United States"
Senator Simmons appeared before the COM
mission and read the testimony, and remarked
that ''there were trifing errors therein" Mr..
Schubarth came to him with letter Of intro
duction from Messrs. A. D. & j. Y. Smith,
business firm of Providence ''of great wealth
and responsibility" to quote Mr.. Simmonss
own language, stating that the bearer was the
inventor of breech-loading rife. and desired
to obtain an order from the government for
it's use in the army and navy. The senator
got an interview at the state department, and
found that the invention was not satisfactory.
Springfield rihed muskets were wanted-and
he got an order for twenty thousand, to which
was afterwards added one for thirty thousand,
making fifty thousand, making fifty thousand
in all. Messrs. Smith afterwards declined
embarking in the business, and Schubarth
found other parties in New York who would
carry out the contract. Mr.. Simmons testi-
fed before the committee on this point
"They wanted an understanding with me
about my commission. | saw them and took
from them an agreement in writing to pay al
certain stipulated times the amount agreed
upon. The agreement was without qualitica-
ton or condition, and had no connection with
what the government might subsequently do
only binding themselves to a due execution OF
the order on their part. Under and in pur-
suance of this agreement they subsequently
gave me one note payable in August and one
in September next, both amounting to ten
thousand dollars, which expect will be paid
as l have no doubt of their responsibility
The commissioners say =
"The apparent discrepancy between the
statements OF MT. SchuDartn and Senator
Simmons, as to the compensation due to the
latter, may be thus explained. 1t would seem
that the partners of Mr.. Schubarth are re-
sponsible to the senator for but $4,000, and
for this sum they executed to him their notes,
but Mr.. Schubarth, as he has sworn, con-
siders himself bound to keep his original
promise to pay five per cent, or $780,
900, as the commission agreed on, and
he thinks Senator Simmons also regards
him as so bound, and he gives his reasons
for this opinion. On this point-the personal
liability of Mr.. Schubarth himself, under his
original undertaking-se Simmons is en-
tirely silent. Upon bringing to Mr.. Schu-
barth's notice this seeming conflict of state
ment, he replied in terms which leave the
Impression that he was not cognizant of the
arrangement between his partners and senator
Summons; and he says he (the senator) may
have concluded, knowing the difficulty /
would have to contend with, and the expenses
we have incurred in the manufacture of these
arms, TO have reduced his claim to the amonnt
stated, which would be very satisfactory to
me-. "
The PACIFIC RAMRoAD-The bill moor
pOrating the Pacific railroad companv. vbic,,
has passed both branches Of congress. oblig.s
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