The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-11
Report of the Senate
Committee.
THE WAR DEPARTMENT. ExONERATED.
Singing Rebuke to Sumner
and SchurZ.
The Costly Investigation Gotten Up to Further
Chambrun's Intrigues-The Charges Based ON
Falsehood, Misrepresentation and an
Unfounded Suspicion Neither Our
Neutrality nor Defensive Ca
pacity Compromised.

WASHINGTON, May 10, 1872.
The Senate Arms. Committee held their final
meeting to-day and agreed upon their report,
which will be made Tomorrow.
They commenced their Investigations on the 9th
ofMarch, and
HELD rHrnrY-osE MEETINGS,
concluding on the 23d IT April. Much OF the testi-
mony Is only hearsay, and some OF it il not sworn
to, even at second hand buI in an Investigation of
charges seriously affecting the honor of the
country and the character OF high officers of the
government the committees desired to receive
everything that might possibly shed light on the
subject.
All the witnesses before the committee fully an
swered the questions put to them,
EXCEPT SENATOR'S sCnURz AND SUMNER,
each of whom refused 10 answer certain questions
the nature of which the testimony shows.
The committee in reviewing the protest Of Sena-
tor Sumner, say that the resolution raising the COM
mittce directed an inquiry into the conduct of SEN
ators touching the subject matter OF nves tiga-
ton. This subject Is regulated not by the rules of
the respective Houses, but by the acts OF Congress-
which make no exceptions in favor OF Senators or
others testitying before any committee OF either
House OF Congress. TO exempt Senator from the
effect OF the statute 1t must be maintained chat
HE Is ABOVE THE LAW
that a Senator may do what the law declares no
person shall do or that senator need not do what
the law declares every person shall do.
The committee cannot refrain from expressing
astonishmcnt that a Senator should seek to cIothe
himself with the immunites which pertaincd in
ancient times to persons OF certain rank or caste
since IL has been the purpose OF the legislation Of
Congress for the past ten years TO abolish caste and
to make all citizens without regard to station color
or previous condition Of servtude equal before the
law, and equally amenablc to It's operations. For
Senator now to invoke the
ARTIFICIAL AND ARBITRARY lMMUNITIEs
belonging to leudGl days and resting upon mo.
narchica! principles end the existence OF caste in
public, that the oniccr is the servant OF the peo-
pie and responsible to the law equally with
other citizens The law is the voice OF the people,
and no person. high or low, black or white, in pub
lie or In private station, can set up exemption from
its PROVISIONS. If the law is to bind any one IL
tainly ought to bind those who made it, They arc
not only bound but estopped Disohcdience to any
constitutional act of Congress is a crime; but
WHEN COMMITTED BY SENATOR
II involves also contempt OF the body OF which he
Therefore, notwithstanding the protest OF Senator
Sumner, to which they have given due conSdera-
ton, the committee cannot doubt that subpoena
was properly issued to him, and that he was bound
to obey 1t and to testify before the committee, and
that his refusal to answer the questions which were
put to him cannot be justified.
IN REGARD TO THE SALES
Of ordnance stores by the government OF the
United States during the fiscal year ending
June 20, 1871 the amount, kind and description
sold the purchasers thereof, the dates OF delivery,
the price for which sold the amount received and
the date OF the authority OF sale are fully shown by
the exhibit, by which It appears that the net
balance received was $9,4O9,307 all OF which has
been paid into the Treasury. The committee were
also directed to inquire into the circumstances un
der which these sales were made. In determining
what was intended by this requirement Of the re-
solution they were guided by the debate which
took place In the Senate pending the resolution,
and considered the following questOns:-
THE QUESTION or CONSPIRACY.
Ftrst-were the sales authorized by law2
| Second-Were they made with view to the hes,
/ interests of the government
/ Third.-Werc they made without preference tc
any purchaser or class OF pure hascrs?
| FOurth-Were the sales made under such circum
stances as TO violate the obligations OF the United
| States az neutral Power pending the war between
| France and Gcrmany2
i Fy1h--Whethcr any officer Of the government
the United States has shared any profits or al
vanta9es from such sales, or derived any benefits
| The committee, duly jealous Of the honor OF our
country and the reputation OF the officers OF our
! government, have great satisfaction In being able
after the most thorough and impartial inves'iga-
tien TO say that there Is nothing IN these transac
tons which reflects dishonor upon either.
THE WAR DEPARTMENT BLAMEIEsS.
The committee say they find that the sales were
made according TO the settled construction Of the
statute In the War Department with results
ccedingly favorable to the government. There
fore they find nothing IN the conduct OF the Secre
In this respect There Is no doubt they all pro-
ceeded In the full belief that they were acting in
strict conformity with the law. The right to sell the
stores cannot be questioned. The manner of sale,
1T the worst, was
MERR ERROR OR IRREGULARITY
in the details OF the execution OF an undOuhtcd
power; and in the result there was no sacrifice Of
any interest of the government. The sales were
conducted openly and fairly, and the prices re.
have been expected and much higher than the same
stores now command To this enect Is
s sss Subject s Were nsp
sfdercd on the part Of tho officers IN
charge with single view to procuring the highest
possible price for the government, and without the
least pretencc to purchasers, either as to Oppor-
tunties conditions of purchase, except that per-
sons were excluded from the opportunity to pnr-
SUSPECTED or BEING AGENTS OF FRANCE,
then at war with Germany.
The committee then proceed to discuss the ques
ton "Were the sales made under such circum-
stances as TO violate the obligations OF the United
states as nen n power pending the n war be-
principles of international law they say that Con-
gress, by the net OF 1858, directed the Secretary OF
War to dispose ofthese arms and stores and the gov
crnnent being engaged in s'ch sales prior 10 the
war between France and Germany, had right to
continue the same during the war, and might in the
city OF Washington, have sold and delivered any
amOunL;of such stores
TO FREDERICK WILLIAM OR LOUIS NAPOLEON
trality, provided such ssaes were iaade In good
faith, not for the purpose OF influencing the strife,
government to sel its surplus arms and stores
The United States, therefore, LAYING perfect
right to sell these arms the committee proceed 70
consider what was, i1 fact, done by the govern
nent Ia the premises. coming 10 the conclusion,
without hesitation, that the sales Of arms and Ia-
tary srores during tbs fiscal year ending June 30,
157i, we're not made Under such circumstances as
70 violate the obligations OF ou government as u
neutral Power and this to rscapitulase, for three
WHY THE GOVERNMENT IL BLAMsLEss.
lHrst-The Rem'rgtons W sre not IN fact agents
ttem.
Second-If they were sush agents such fact was
neither known nor suspe sted by our government a,
che time the ga Is were made.
Thiyd-If they had been such agents, and /
that fact had been known to Cur government or II
instead OF sending agents, Lonts Napoleon OF
Frederick william had personally appeared at tn,
War Department to purchase arms, II would hav,
been Lawful for ~ to sell to either OF them
In pursuance OF q, national policy adopted by tn,
United States prior to the CONNIE ncement OF hos
tilitics. There Is not the slightest foundation 70
even saspic0n that any officer Of the War Depart
ment or OF the. government derived any advantag
from these sales.
rHR NAME OF GENERAL RUPUs INGALLS,
havitg been mentioned In this connection and h
having been subjected to some criticism, the con
mi Stee feel bound, as mere act of justice, to sa
To at he Is fully exOnerated. His only connectio
wdph this transaction was the execution OF an ur
ofncal friendly Office in delivering message to an
making an inquiry OF the French Minister at WASH
tngton, for which no neither received nor expecte
[ to receive the slightest consideration or advan
tage; and the committee believe the conduct OF tn
| Secretary OF War and his subOrdinates In thes
| transactions entirely blamclcss, resulting I'm grca
| ADVANTAGE the government. and tnasn,uch a