Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1862-08-02

commission" or words to that effect mean to
state that my impression that Mr. Senator Sim
mons expects me TO keep the promised made to
pay him five per cen for procuring the orders for
me upon the number Of arms included in both
orders is derived from various conversations with
him. the details Of which do not particularly re.
member. The particular reply ofhis which I'haye
mentioned may have been spoken jokingy in
answer to remarks about rich men in Providence.
He said this to me in a room where others were,
but do not know whether they heard IT,"
Senator Simmons heard the testimony Of Mr..
Schubarth given before tho commission, under
oath, on the 9th May 1862, read, aud said there
were some traing errors therein, and related the
actual circumstances, ms Iolows--
"Whlle was in Washington in October last,
on private business, Mr.. Schubarth presented a
letter of introduction from Messrs A. D. al. Y,
smith, business firm of Providence, Rhode Is.
land, Of great wealth and responsibility, stating
that Mr. Schubarth was the inventor OF breech
loading rifle, and desired to obtain an order from
the Government to make some ofthem for the use
OF the army or navy, and requesting me to asst
Mr. ochubarth in obtaining an order, and that If
he succeeded they should be concerned in its exc.
cutiOn. M
"ln pursuance afthis request introduced Mr.
Schubarth to the Secretary Of War and to General
Ripley and Captain Hurwood Of the Navy De.
partment Ills arm was tried at the navy yard,
aud iavoraberepOrt made, but the department
declined ordering any breech leaders, but desired
Springfield rifed muskets and gave an order for
10000.
"oometme during Mr. Schubarth's stay here,
while going to or returning from the department,
he said he had letter authorizing him to pay a
commission for obtaining an order, ant. Offered it
to me to read, but did not read it, but had no
doubt it was SO, nor did doubt the proprety or
Legality Of receiving one for that as for any trans.
acton oil business, for men able aud willing to pay
as the Messrs, Smith were. After my return to
Providence, the Messrs. Smith told me tho order
10 Mr.. Scbubarth was for so small number and
were to be delivered n so short time, they must
decline the undertaking, as it would not Justify
the outlay of machinery required Nothing ever
passed between US about commissions to nv re-
collection. In the month of November | was n
Washington, on my way south, to llalteras Inlet,
and Mr.. Schubarth came here and said he could
do nothing with the order unless it was made for
the same number and rs long time allowed for
delivery as other parties had, and requested me to
aid him in getting such an alteration which did
"ln the month Of January following he told me
that Tor some reason Or other the Messer Smith
declined pursuing the business. Soon after saw
hlm.i New Yok, and he told me that he had
arranged with parties there for means to carry out
hic nnniropf and thou al 10 hnv u
standing with me about my commission | saw
them, aud took from them an agreement in writ
ing topay at certain stipulated times Il think in
about year from this time) the amount agreed
upon The agreement was without qualification
or condition. and had no conneyion with what the
government might subsequently do, only binding
themselves to due execution of the order on
their part. Under and in pursuance of this agree
ment they subsequently gave me one note paya.
bein August and one in September next, both
amounting to ten thousand dollars, whice expect
will be paid, as have no doubt Of their rosponsi.
bilty.
"J.F. SIMMONS"
Upon this showing Of the case, the Report
says-
senator Simmons, we doubt not, regards his
action in accepting this compensation as strictly
legal and we cannot in the present condition Of
the legislation Of Congress upon this subject,
contest his opinion, That, however, the receipt
or large moneyed reward by a member of the |
United States Senate for such services rendered
for one Of his constituents is in harmony with the
spirit of our institutions we cannot but deny. II |
was certainly not the slight labor of accompany.
ing MIR. Schubarth to the War Department, and
urging his proposals upon the Secretary. for which
the above charge of 10000 was made. 1t was
Mr.. Simnonss,supposOd influence over the exc.
cutiye department of the government, resulting
from bis official position, that was thus bought
and sold. five understand the theory of our
government Alright the influence which n member
Of Congress, as such, exercises over the admins.
trOtion Of the Departmental is as mnch public pro-
perty as is his vote in the Capitol While the
latter is SO carefully protected from being brought
into conflict with his personal interests, why is not
the lurmer entitled to the same guardianship! Con.
gress, however comprehensive as has been its legis.
atiOn upon the subject, has not thought proper
to embrace in its prohibitions the class of cases to
which that under consideration belongs; and how.
ever deplOrabe, we must treat as legal such
charges made by members of Congress until the
body to which they belong shall otherwise de.
clare"
This is pretty kettle Of ish, indeed
-.N@,-