Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-02-26

re maintenance Of this principle IL especially
se5ncntiy Important to the whole people OF
,ni5S:;: :,, sss.lsss.i,ss. gs..s, ,n:.,:l ~
| It 10 emealisrsI III AZ ke contracting parties
on the one pert .srs highly accredited agenis
ing and acting ia her name, and the other an
| American aeitiFen and master marineb not
st'sa In ps5o.in,l0n o. ne lay q S sonsrs1ti
lis shisf profsst S,' and Who, Beyond thsi
sffordsd hin through the good once. Of he
own doyernmsnt. Guided By these views, and
iue respect the offgIai agents as well as the
Imperial OoVeropept OF Russia the state
neht, and cehslusiop, subnitisd By Mt. Tol.
| critically examined and compared with the
Proof, sad youshsEs alsd ~ Mt Perkins IN
nouneemsnt thNt. R,YIlo difference Of opinion
ls respectfully entcttAined,
Il q ! SnitstlIi ,Ptlaslp Do 81 iaisrasiIo nal
matters Of soPttaeL nqthine being stipulated
g the e9ntragy, !, a contrast !. to BE- eSpopnd.
where II IL msdsgi --Noistsea Ponihler on OBJ
legations, %, note BIZ story on Contracts, S0Sol
| and also that "eontraet is to be considered
Be- no sscsption 10 his fuis. Thsss eoatfsotS,
Rs tss laws ~. 9 1S SGs
/ States In force Al the time they were made.
Whist II ssS laws and uIAEss arc VIII DO indl.
RsvSTSisg The order Of tho propositions sub.
mi.tsd By M; Tolstoy, the powder Sontrset
| IL viii be observed that the substantial oh.
lection taken ~ NJ rolstoy e, that there was
mo formal terthen eoairaet' for the powder.
SiSucSs. II III a. ioiloSS: X S% 10 re sS %
tended verbal sonifaet, which M. Perkins
stoceEi for a considerable shipmsnt Of powder
| to Russia, the Imperial Ministry could not
sa%n tina. s'ggoffHaa.'SSs, Shsh iSyoivsd ssy,
him " vifhou any Formal and rrtftsn eonirdcf!H
This position Y wholly srroneous; u was
writing, In order to make Il valid sad bindibE
on the parties st;iss, 70 ms s sSSI9sty ~ the laxs
t,iss Wpsybsii, eontTSsts ars ~ v,Hd ~ ,ssItSsn
ones, the only difference being as TO the mode
Of proof, The standard authorities declare
record, nor under seal, whether Il be written
| or verbal. CeftAlntY and facility OF proof are
All the sdysntsEs, gainissd By 5s9ggsinI such an
spesfsve PARTED az Tef shanesj,,' That such
agreement may Be either formally stated 10
rom tss 81 SsE &c
| ofthe ease,ii etc. eHoilAfSss story on Con.
trsets, see'. 10 AOd H. and VafIOuS authorities
The contract concluded with Mr.. stoeohI
forth powder was OF the latter character.
iassd 20 willing, except thai PsrfiaS did
write and siEs re terms y Which he was 70
SIspS AZ. asysSsS aI IN e sS! M r,s s,eSSE
being so wIilI.n, sigasa asd delivered by
Perkins might, Indeed, Elys Il Character cha. %
rolstOSi for, being 90 slEasd py Perklni, and
in MI. stoeekrs possession, u vas hla duty
10 hay. y. 4 sIs1sd 4 when he requested and per
aioas Tss AETSsS%en thu, n mae I. spS s9sd
| Iii "a ha ira al nr vntA 10
o bic to the fact thus established IL to greatly
, parties, snd which Is all that ia needed 10
q | make out the ease. ...... .r... d. ?
NJ I9'sOy = Ia, ssfR Sea dVS1 not deny
D a hypothcaS 10 the eject thAt ''the Impsrial
Mi9'tIy SoGld 1SI ss%' tAs ,,,s SsRifs'l Hss
q tiOn OF this AssnnPtIop, u may 10 stated nat
| Mr. Perkins was dealing with reference, to
laws aud usage which ana not reqaire hin to
RF Ct .l e. q .sSa aSai' stoS ge
rsfsI Ne y sSsss sna vas 's sSRE
in itH name ahd with lh anthOrltg II Perkins
BELIEVED I. l, iAls.Ss e yIt'St Ca he SS
n no enter iptois Saf1AI soutraet, but many
" "a ri 'tgy ,ore s,rsf6i,v o,n,id.
cred tbs abunnant evtdsuoe laih open 10 hin,
IT'S 20, aouetsd Aat a. syspi9 hAye eopsto
1 offered some explanation or the many very
: Significant feet, aud actions Of tho parties
\ therein established. - o..
q | this Depattment seen to me to show that
contract was mhds BY Mr.. stoeokI, on the
a Perkins, for as much as one hundred aud any
tons Of powder. Those proof may be SUNNI
The application to Perkins OF one oharIss
a .ikhal'I1T9 yernment, delegated oy Mr.
-, 100 - -, $50 oaa 20 furnish powder
J. See deposition OF KlddeT, D. 20. ReootdI i
o Che sitOgraph letter Of M. stossEi to Rs.
nss,ISl 2, aa,sa lsih Jane. iesa. sPpoiatlng a
YofE, On ss,arisy noihins ssalH aIs lruh'a
y e. Jslsa s,si ss I Iilss
, tlun ia st. Petersbs-g. Ut nv -'TF'
PLACE SppointeS, and S 5ttes SnG linz h1 R esl
kIeiewlcE Of Perkins and NJ ider 10 him fSpe
Record =: 2t slso deposlupa Of Henry S.
Ihe subject o. purchasing powder aud Afms
PsIaiS' to submit wriusn proposals. tP,Sd
Q The directions EIVsn By Mr.. siosckl as to
Rs 4s:ssr "a PIpszlag Ssa As RSwdsr
,TsI $I:is. Y. y: q sass
"OaptaIn Charles A., RakislalSIoI, UouFiCr
thus SheginG his Anthollty 70 act. (P. SOY
kins, az teQusgtPd BIZ Mr., Stoeofl, and kis ~. |
quest that Perkins proceed AZ once 70 have a.
I mnNnnF
ready for shipment within sixty DAYS, iP.Sii
contract LoT th.s qa.asi'S vas to be sOusiS,
The declaration 6f1 Mr.. sIoaskl that the con-
tract waG eioasa toE thas aaloast, bat subject
u Sa no 70 pIoposai ~. iota ~'~'' pay accord
fSs ,sSaufastaIs, pSskias 10 double casks,
aud the ssneraI finliSeSs oS tss soSt}S. Sf's
| all Its parts By PsEhins. (Pp "a 10 Al and
.uPplsnsniAl deposition Of Rlddsr, PIP. ii
The good shhractsr and yeraolty of thI,
Sitaess z proven BY TAtiouI PerI6ns. Up.
wlliam'- n JaekSou, Of Bo,toS. ts,,Iae.
that he e Gnu Of tht hFm OF O. q. Newman 4
SoT q Bosto9t who mao uiactured tbs pc WIDER
Thai, yIlhing 70 be Iurs that there could bo
90 MISTAKE saout the ssrtainty OF the contract
an intsrV1su with tie Isttsr, whom he ap
priIed that the special object Of his visit was
es cS.sASSsss's,y sayisSa whether he
SinBj that Me. Btoeekl declared che 6dd con.
frGetsd via cspista P1kias for sdis pOirder,"
said Perkins vas to be Al the risk Of shippIpE
II TO RussiaJ And that Baron StOeeki on. |
pressed neither doubt nor qualinostlon about |
but spoke Ofitn an aEteemsnt liked and set. |
lied beyond eohti nEehsyOT revocation. His |
lsogqaEe could HothaVe been more emphatic"
That "near the last Of August, 1855, the |
mNnahet1rs o. ths powder SSs sonplsied,n |
Mr., StoAokln on the Suhjsct Of his contract |
with Captain PefkInSI hat Ola this Inter !
| view, as in the former one, BAron stoeckl
bis contract with said PsFluuH," etc. az. t0O
This witness 70 shown TO be q. Eentleman OF
| high standing for lntegflty and yefaeItY BY
many citizens Of ths Mat feSpesta6ilIty IL
Massaehusetts .lP. bs) 7'7'.--'7 - =
There 10 much other evidence oorFoboratiye
| oithe foregoing, showing the coneuIre nt action
| Of the parties whose Nance have already an
| Dchred, and among them especially that or the
| said Captain CharleB A. RAkielelgIoz, oouFIeF
and agent Of the Russian Government who,
= has been seen received the letter Of The 18th
June, 1888, rom MT. Stoeokl, appointing tho
meeting OF the 10th Of that mOnth, when the
nnhl noBotlAtions wers AuthOritAtlVely SET
uett Ia this relation may be noted the dspo-
g. ss) showing the ageney Of said Raj lelsVirl |
Tor the HussiAn Government, hts AettnF Aa
bearer nt q dep SsSheS aHa ne payment Of money