National Republican., 1885-08-10
As nkrwsEN MAn ANn m,r.

IL would have been the same, MIR.
President, between you and me, IL / had
agreed to furnish two lots of goods, or
supplies Of any kind, and was IN ar.
rear on the lot first agreed for. You
would said in the most natural way in
the world, "Fill out your first lot first
and then we will go 70 the second lot"
That is all there was Of ii. The govern.
ment was bound to take the supplies
and bound TO pay the price. The gov
ernment Ia no worse off to-day than it
would have been il all this beef and pork
had been dumped into the storehouses in
New York in ninety days from the 11th
Of November, 1882. 1t is a great deal
better of. II got better supplies for the
navy, and 1t saved the interest on the
public money, if that is of any conse-
quence to those who administer its af-
fairs. The reservations all fall under
the same rule. 1t is not necessary to
discuss them.
have observed with as great q degree
of pain as an attorney is likely to feel in
q case where he is deeply interested
the indirect observations designed to
prejudice this honorable court against
Paymaster General Smith, upon the
ground that he had some relations or
other with Brown. He had known
Browns father; he had known Browns
wife's mother; he had dined with Brown
once or twice, as 1t appears, when they
were both unmarried men. You might
rs well infer, because my learned friend,
Mr.. Maury, has talked with member
of this court during the trial, or because
l have walked few rods with
one Of the gentlemen sitting around
this board, that therefore we con.
versed together, contriviug how this
verdict should be rendered Just
rs well. The case in "Pickwick,"
"chops and tomato sauce" furnishes q
great deal more that has O resemblance
to evidence than the circumstances that
Brown and Smith dined together at some
time or other. Oh, the administration
of justice, If there be such thing as jus.
tice on earth, requires of men, whatever
the position they occupy, to elevate
themselves above such considerations.
We are human. We meet men that we
respect, and we sometimes associate with
men that we do not respect. But are we
to be nipped in our enterprises. tar.
nished in our regulations, deprived OF
our commissions, and to have our family
honor soiled through generations for so
slight an incident as this2
THE FLANNEL CONTRACT.
Now as to flannel. Is there any testi.
mony here that any sailor ever asked for
shirt and did not get one, or for
blouse and was denied3 Did not the
record which Mr.. benson brought up
here show that there was an accumula.
tion during all the period of time
that IS in controversy, an accumulation
in the various storehouses of the
country Well, with the magnetic tele-
graph, with railroads and expressman, to
say nothing of ships lying in our barbo RS
it is possible to bring to the aid of any
vessel or any recruiting station, supplies,
if they are to be had on the Atlantic
coast; and it is in evidence that there
was almost surfet at every moment of
time; and when Mr.. Clark sends out
from New York that he thinks there is
not quite enough flannel to answer some
purpose he has in view, some contin-
gency he apprehends or anticipates, and
Paymaster General Smith, having in.
formation from all the depots of sup.
plies, sees that there is no exigency, no
demand that makes it necessary to buy
to supply those two ships that seem to
be short, the whole matter is disposed
of as to the second lot of fan.
mel. As to the first lot, it
turned out that on the Goth of October,
1888, they advertised for SO, 900 yards of
flannel, TO be delivered in ninety days.
Mr.. Milton, of Connecticut, was the
successful bidder. He was not to de.
liver under ninety days. In the mean.
time there was what was considered an
exigency reported from the New York
office, and accepted as such here. Three
to bid for flannel. Mr.. Brown was the
lowest bidder. He had 1000 and odd
yards of flannel little heavier than the
usual weight of navy flannel that he put
in at once. His letter contained stip.
ulation that if there was an accident to
the machinery in the mill on which he
depended for his supply, he should not
be required to furnish It. That accident
happened. Mr.. Millken's contract had
not matured so that the government
could demand yard Of flannel until
about the lst of January, 1885. What
was to be doneY Was not that an exi.
gency? Mr.. Brown offered some flannel.
1t was referred to Pay Director Gilman
in New York. He decided it was
little of.color, but otherwise very good,
and it would be good for under
clothing, and they took it and
used it, Under these circumstances
does it appear that Paymaster General
Smith undertook to exercise any author.
ity over the matter, to dictate what
should be done? He said, "Here is
this flannel. II seems to be reasona,
bly, good flannel, little off color, but it
will answer for underwear He refers
it to the New York office and it is &C.
cepted. 1t turned out, think, from the
evidence, that Il was impossible at that
time to procure standard flannel. But,
however that may have been, the office
at New York was in the responsible
position, and II the flannel which Mr..
Brown offered was not acceptable to them
for the uses to which it was to be applied,
it was for the inspectors there to say 80.
These words they never uttered; but
they took the flannel, and now the pay.
master general is to be arraigned for his
controlling part. He simply referred
the subject to them, and the command.
ant Of the yard had the powe. ct every
moment of time, upon the report of the
inspector or pay officer having those
contracts before him, if the contractors
were liable, to 60 in the market and buy
the flannel, and charge the extra pric
to the contractors. He did not do H.
So with the pork and beef. They
bought fifty barrels Of pork for the Ten.
nessee. There was not energy enough
apparently among them--I do not like to
bring reproach Upon any department of
the government to which some of the
members Of the court belong, but there
does not seem to have been energy
enough to get eight barrels of pork for
fault of the paymaster general. think