Year: 1872

that not parcle Of testimony out Of all the mass ap
pended 10 the report has any tendency show
tarSy And tbe COMMITTEES assume that these charges
against the Secretary formed the basis Of the whole pro-


In relation TO he engines for the Tennessee, In the
opinion of the Committee the result of the testimony
any bad faith or imprOvident contracts, but showsa
laudabe effort his paEt to utilize puoc propery y
taking n valuable ship, rendered useless through ue
fecVe machinery and converting her, with the least
possible expense. n;o frselass and efnclent Vss no
war The Committee adopt the conclusions stated III e
Interesting testimony OF John Roach the contractor lO
the machinery and fully sanctioned by the hat
the Secretary and by other witnesses. III appears onV
the present machinery. though costing some evyvV' s
like much other now in the aaNS Nher than as old
material John Roach is to put IN me new m nop rom
fhe shin and which he estimates and advertises to sell
at $4,000 The contract price to be paid oaeh Is % ION
Fpo%ee Of te Navy as the cost of the work included IN
the contract. The machinery is 10 ne the coinPouu
and which. it is thought, will soon, in this
country and elsewhere, snpersede al 0'Ders' 'Is
pared TO manufacture these engines, having made
them the subject of thorough investigation ana expert


and the merchant marine Of our country that the WORK
by such contract than IN the navyyuus' more i es
peciay the adoption OF the new engnes Is an e4per
inent and Roach binds himself TO produce certain re-
suits OF most satisfactory character or lUlleo H %
pensaiiOn TO be received that tDere Is reasonaDe
tennessee that millions of dollars worth Of public prop
erty, lying useless in the docks, may De Ienuereu
valuable at comparatively sinan expense hhu put "


In relation to the payment of $4,000 upon the claim Of
by the voumnous testimony and discusses the
claim in It's legal as well as eg9tao%e % aspG Tbe
Committee find that the secors, IN an e&ceesdmgy
prompt energetic, and satisfactory manner performed


their contracts with the Government that the Govern


et without fault Of the Secors, caused them damages
aud era expenses in the matter of fulfilling their con-
frSctS and reonjred much ADDITIONAL work outside Of
and in addition TO the work under the contracts nat III
Ihis way the secors had against the Government two
classes of claims wit: for damages sustained Dy
them within the contract, and another for extra WSrk
outside of the contract and having nOthg 10 90 WIN


except that both classes of claims arose upon the same
vessels that the settlement of the claims Tor damaees &
within lie contract referred TO Congress, We the
claim for extra work outside, done upon inc request OF


The Department could be paid by the Department; tnat
the Seeors went TO Congress iOr the one anu ~ .hc
uartment the other mat Congress ADJUSTED anu palu
but one kind clam and did not upon or intend TO
pass upon the other nor was such other cam before
Congress, but the contrary, was eXclued tnerelTO
by the construction of the law and the action and report
OF he Board to whom the matter was referred 10y Mr.
Wees that the $4,000 claim was just clam, b0th e-
mat the items Of which it was composed had never
been paid disallowod, or even considered tlll
allowed and paid by The present secretary; That
the delay had been Occaoned By the sudden death OF
persons who would have examined and passed upon
the course OF investigation that other similar bills Tor
similar work had been paid to other parties that sad
for which they only ordinary receipt for much
money received had no reason to beheHe that y tney
would be estopped TO seek payment Of their other claim
fine bv members of The Naval Committee of the Senate
where the bill oriRnated that the claim OF $4,000 was
presented TO Secretary BJrie and by him referred
- Admiral Porter and by him referred TO a Board,
upon whose favorable report and Recommendation
the claim was paid by order OF the present
ssIeay that co the t%s Ssy Gea question ond poa
was barred by the wording OF the act Of Congress allow
ing the other caiin that il this is question on which
decision either a way, honestly made, should
not be subject OF rePro9Sht affin5t an 10 OH de
cde IL that the Interpretation by the Secretary OF the
words OF act "n full dischargeof all claims against
he
fine act of March q 1s67 as meaning the discharge only
OF the claims under the act OF 1867, upon which the
Board made the allowance as per their report Is in the
opinion OF the Committee correct that the Board


made no report anon vessels, but did make allow
ance and report upon certain claims on account Oh the
include uded from the jurisdiction OF such board
tic bills making tie payment OF $4,000 aforesaid.


THE MINORITY REPORTS.


Mr. Blair Of Michigan fra examines the allowance by
the Secretary OF the Navy of s93ooo to the seeors
reviewing all the facts of the He says that under
the act Congress they received the appropriated
for them as fun discharge of all claims account Of
the vessels Tecumseh, Mahopac, and Manhattan. The
Secretary of the Navy, however, dsregarded the law
reopened the account which had been closed by The De-
parmen and by Congress, and allowed them the above
named sum. That this payment was not only without
law bnt In direct violation OF law there can be no doubt
whatever II took out Of the Treasury $4,000 against
the prohibition OF plain statute and gave IT to parties
also against q wholesome rule OF the Department,
Administration should not reopen accounts
which have been closed 10y an0ther-Its predecessor
The money taken out OF the appropriation made by
COngless pay the current expenses OF the Navy De
partmcnt for the current year. 10 pay an Ola tocad
claim. Admiral Porter had demonstrated against it, and
Mr. Lenthal had declared it illegal. IL has been sug.
gested by the friends OF the secretary ana by himself
that il question OF the construction or the statute
but the statute is clear for construction. The claim
had been brought before Congress, patiently heard and
settled full, and the secretary knew IT, III this SScOr
claim had been Just it would have been easy TO have IL
sent to the Appropriation Committee in the usual way
but Secretary in hot haste and could not watfO
the SLOW movements Of this body though 1t was in ses-


Mr. Blair next considers the case Of the war steamer
Tennessee and says the Secretary of the Navy concluded


contract with John Roach to take out the old engines
and put in ones in that vessel The contract was
ade without advertisement or any publicity whatever,
MI Roach being the MOVING party III H. Al agIees 10
give Roach the of SOO0OO IN cash. the old machinery
s s COO for his compensaton large amount Of tesii
mcny given by Mr. Dana for the purpose of showing
that This contract Illegal and greatly preudeia to
the interests OF the Government 1t was claimed TO be


illegal because first, 1t was let privately without adver
tsement and open competition rs required by law ana
by general practice OF the Departments and second,
il barteTed away the machinery and boilers already IN
the vessel which were the property OF the Government
without any authority of law that preudieal to
the Interests of the Government because the machinery
and because too high price was agreed TO be PAID Tor
the new boilers ana machinery; that the tne Whole beng
Whatever the facts may be- II could have
done no harm 10 have advertised for proposals for
work in the usual way, and thus invited competition
There was necessity for haste and no excuse Tor
private contract and Mr. Blair understands the law OF
1861 absolutely 10 require publicity except in cases OF
great emergency Mr. Roach IS correct in his opinion
that else could do this work. then he would
tany have obtained the contract and have avoided the
suspicion that necessarily attaches 10 what Is done IN


If the proposals had been invited then II would
have been known whether other bidders wished 10
undertake the work, ana what was their opinion OF
its value II they cid WISH AS To the authority OF the
Secretary TO exchange engine for another Mr. Blair
does not know from what he derives the power
could barter the engines and boilers OF the Tennes
see for another set might with equal have


traded the ship itself Tor another Of which he might think
better Ii had been supposed that public property could
not be disposed of without the express authority OF the
law and there many decisions that effect.
nI.I- no fruhn Nvus ffrro for fhn