Year: 1859

u lo-Lyg -G-cy. fLI re -. (foJ--.1 y. 35' .- ~.
since been given blythe chief of the bureau
of yards and docks to, the commandant of
this yard, to receive timber offered under the
contract since it was annufed. -'.1+s .'.s
l. Some facts appear, touching this matter to
which it is deemed proper to refer. Swift and
Bigler had previously been reasonably good
contractors for lve-oak timber, and seem to
have had more favor than other contractors.
in allowing their surplus timber to remain in
the yards; favor which perhaps they de-
served. Swift was an ardent friend of the
present Administration, and had expended
his money freely-more than $40 ,OOO-to aid
the election of Mr.. Buchanan It was known
to the Secretary that he had been liberal, as
proved by George Pitt, and it was natural he
should have kind regard for him.


There is a striking agreement between the
timber for which the proposals were adver
tised, and Swift and Big.er's timber in the
yards. This may have been accidental and
Fenthall testifies that the description of the
timber in the proposals was not made by the
Secretary, but by himself. He also says, he
had in his possession, at the same time,
Swifts letter, and knew what kind of timber
he had, but did not pay any attention to his
timber in drawing up the advertisement.


The first contracts were annuled, and the
contract with Swift entered into with remark
able promptness, the two acts seeming to
have been performed at one and the same
moment.


The strong confidence ofSwift, at all times,
as well after the letting as before, that he
would finally get the contract; his prompt
declaration that the contracts of his under
bidders would be annulled, and he would
take their place; his quietly remaining in
Washington till after the 1st of September,
and in the meantime writing to Bigler to as
sure him that their agreement about the tim
Der of the latter would be carried out, are
circumstances the significance O; which can
not be overlooked


For what reason was the It of September
fixed for the delivery of half the timber p
The Secretary knew Swift and Bgler had it
then in all the yards except Warrington, and
no other person in the country had it, Big
Ter testifies as follows: .-..


After got my contracts filled, went to
the Secretary of the Navy to get him to buy
my timber upon open purchase He gave as
. reason for not buying it upon open pur-
chase, that it was against the law to buy tim
ber upon open purchase except for immedi-
ate use. Mr.. Swift went to him on the same
score, that he had timber over which he wish.
ed to sell to the Government. This induced
the Secretary, suppose, to make this adver-
tisement cover about the amount of timber
that we had There was nobody else in the
bu mess who could supply the amouneand
kinds of timber called for and we did; mot
suppose there would be any opposition to.us
and when the advertisement came out, Was
very much surprised that it was in that shailt,.
for it was in a very had shape for me, ASH
had only about enough timber toitill out the
call for two of the yards This was bad for:
me in this way: for instance, if put in bids
for all the yards, | might get Pensacola or
Philadelphia, where | had no timbere, and
then would be obliged to move it from an
other yard, at great expense, and trouble.-
This induced me to make the arrangement
with Mr.. Swift, to avoid the expense oftrc-
moving my timber from one yard to another.


"Question. Did the Secretary Sintiiuit1e
that he had any purpose in preparing this ad-
vertisemcnt to c;vcr the timber: OF, yourself
and Mr.. Swift - 'fS


" "Ansaoer. | understood him thatasit was
his calculation that it would Just about cover
the amount. ;.ire 81


"Question. When was that? Z.


"Ansaoer. During the last summer.


"Questioa. Before the advertisement came
out? II


"Ansuer Yes, sir.


"Question. Who made that statement TO
you? :.
"-4ns,cer. The Secretary of the Nav
himself He said he did not think he had ari-
thority to buy my timber; he did not wish
to do anything about it but what would be
entirely straight, and he did not feel author
lied to make purchase Of this timber with
out advertising; and then, if we put in for it
--he knowing that we were the only persons
that had the timber-at higher price than
they thought was fair price, that he would
not take it at any rate mind you, had al
ready offered my timber to the Government"


The same witness further testifies as fol-
lows:


'QuestiOn. Was it not understood be-
tween you and Mr.. Swift, and live-oak deal
crs generally, that this advertisement was
framed for the purpose Of preventing compe-
tition, and to enable the Secretary to contract
directly with Mr.. Swift?


< ''Ais.eer. always understood it so; that
is, not for Mr.. Swift alone, for up to the time
when | came here, after the advertisement
was out, thought it was for both of us"


The same witness further tcstifies as fol-
lows:


question: There is one statement of
yours that feel it my duty to question you
further about. In answer to question, you
have said that you have always understood
that it was the purpose of the Department in
framing these specifications in the advertise
ment, to exclude competition, and to take
your and Mr.. Swift's timber. Do you say
that it was the object of the Department to
prevent other people from coming in and un-
derbidding you, if they could furnish it at the
time at lower price,


"Ansacer. If you understood me to say
that, DO not think / understood the ques-
ton. My explanation now would be that
the Secretary of the Navy knew, and the
Chief of the Bureau knew, that there was no
body else in all America that had the timber,
and could put it in at such a time, but Mr..
Swift and myself There was not any such
| timber in the United States that was already
got out except ours. There was nobody else
in the business, but Mr. Swift and myself,
who could furnish it. The Secretary knew
there was no such timber anywhere else in
the market But he told us, distinctly, that
if we did not put it in at a reasonably fair
price, they would not take it at ALL


The explanation of the Secretary does not
conflict with the testimony of this witness,
nor does it touch the point which the testi-
mony quoted tends to establish If there
was conflict between them, the high official
station of the one, as functionary of the
Government, should be a guarantee against
any attempt to mislead and it would be an
ungracious task, to say the least, to balance
between his statement and the testimony OF
the witness, although the latter stands in a
favorable condition to obtain credence. He is
free from the suspicion of prejudices engen.
dered by disappointed expectations; has nc
grounds of complaint for supposed personal
or pecuniary wrongs imposed by the Secreta
ry, and Is not heated political partisan


Whatever may be the true state of the
facts in regard to the Secretary's intention


concerning these contracts, and howeve,


much the committee would condemn any per