« PreviousContinue »
upon a contract considerably above a million Francisco in, say, one hundred and twenty same sort of service on the Pacific coast that dollars, the entire cost of the vessels, including || days. They have been made within ninety I have been informed they were intended to perhalf a million of extra work which was ordered || days or thereabouts, and often within one hun form on the Atlantic coast. I believe the Senbythe general inspector being above two million | dred and one hundred and ten days. How ator from lowa, who is very familiar with this dollars. · Now, upon work, the contract price ever, those are extraordinary trips. From one entire subject, agrees with me that they are of which is above a million dollars, the board hundred and twenty or one hundred and twenty not suited for the rough sea of the Atlantic allow above three hundred and dollars | five days to one hundred and forty days is a ocean. for losses sustained by the contractors. Upon common trip for any good sailing vessel; but Mr. CONNESS. The Senator will be kind an examination of the facts we see that labor the Wateree, a steamship, a new ship, was I enough to permit me to interrupt him one minhas gone up nearly one hundred per cent. dur think more than eight months finding her way ute further, so as to give him my whole stateing the time that this work was carried on; there. I only stated what came within my ment of the case. He will remember that I some qualities of iron above one hundred per knowledge in that connection, and also in con stated that upon the arrival of the Wateree on per cent., and much of it approaching one hun. nection with that the statement made from the our coast she had to be taken into dock and a dred per cent.; so that when the contract was Department to me on the subject.
very heavy expense—I do not state the figures, made, it was made with a view to the then Mr. NYE. If the Senator from California for I have not got them, but those figures can be prices, and the Government caused the delay will allow me to make a suggestion to him, obtained at the Navy Department--a very heavy of perhaps a full year by the change in the plan the Monadnock is generally considered a good expense was entailed upon the Government by of the work, and during that period it went on ship, and she was five months in getting to Rio reason of the bad material used in her conadvancing from month to month until this Janeiro.
struction. That was the statement I made. enormous price had to be paid for labor and Mr. CONNESS. The Monadnock is a mon That was the information I had from the Navy material. I do not claim that it cost the con itor, a ship of an entirely different class. Department. I certainly did not, in what I tractors an additional hundred per cent. for Mr. CLARK. A double-turreted monitor. undertook to say, intend to reflect on the vestheir material and labor, for much of the work, Mr. CONNESS. Yes, sir.
sel at all, but to state facts that had come of course, was done and much of the materials Mr. HENDRICKS. In reply to the Sena within my knowledge. were purchased by the contractors before the tor from California, I have to say simply this: Mr. HỀNDRICKS. I do not intend, I will labor and materials had reached this very high that I am surprised that the Wateree ever got state to the Senator from California, to give price; but I say that in view of the great in to California at all.
great weight to this particular case, and therecrease of prices, this allowance did not seem Mr. CONNESS. We were, too.
fore I do not want to discuss it at great length. to me to be extravagant.
Mr. HENDRICKS. Anybody who is a judge I will say a word or two in reply io him. The The board do not seem to have examined of these vessels would be surprised; and the Wateree was not intended for sea service. She these cases as an omnibus bill, but they exam fact that she labored hard to get to California, was put upon the occan and taken around to ined each case, heard the evidence, and decided || going around South America, and it took her California. It took her a long time to go upon each case. Take the case that has been | months to get there, is no evidence that she is there. It is a matter of surprise to me that referred to by the Senator from New Hamp not a good vessel ; and the Senator would she ever got there, as she was not intended for shire; a party claimed $74,000 upon a contract have so known if he had studied the structure that sort of service. She gets there; she is of $82,000. The bureau of the Navy Depart- 1 of the vessel and the purpose for which that bruised and battered during the voyage; and ment in its communication to the Committee class of vessels was constructed. It is not a then is placed upon the stocks and is repaired on Naval Affairs has referred to that. It has | sea-going vessel. It was not intended to be. at great expense. noi referred to the award made by the board, It is a double ender-a vessel constructed dur Mr. CONNESS. I know the Senator will but has referred to the claim made by the party. ing the war, for the purpose of going into the pardon me for interrupting him again. My notion is, that it was not an honest claim; rivers and creeks; and it is made a double Mr. HENDRICKS. I will ask the Senator at least, it was not such a claim as ought to ender because it is likely to be used in rivers to conclude what he has to say on this subject, have been allowed, and it was not allowed. so narrow that they cannot turn. It is made and then I will make a remark or two, and we The board reducedit to $12,000. The Senator with rudders and machinery, so that it can run will drop the subject of the Waterec. thought it was $18,000.
either way. It belongs to the class of iron Mr. CONNESS. I give the floor to the Mr. CLARK. I made a mistake.
double-enders, and it is not at all a sea-going Senator. I do not desire to intrude upon him. Mr. HENDRICKS. In fact it was $18,000. vessel. It was supposed to be necessary to Mr. HENDRICKS. Does the Senator wish I will explain to the Senator how he has been have such a vessel on the California coast, and to say anything further? misled. "The claim was for $74,000. The
suppose, the Department ran the risk of Mr. CONNESS. As the Senator has called allowance is $18,000; but that allowance of taking this vessel to sea around this very long my statement in regard to the Wateree in $18,000 includes about $6,000 of extra work, voyage.
question, I thought it would be acceptable to which has been allowed by the Department, but Mr. CONNESS. I beg the Senator's pardon him for me to make myself understood on has not been paid to the parties. The record for saying one word here. She was not sent that subject. The Suwanee, subsequently sent shows that; so that the real allowance by to California to ascend any river.
to the Pacific coast, is a double-ender also, of the board for losses was $12,000 instead of Mr. HENDRICKS. Then I take that back. the same class as the Wateree, and very nearly $74,000.
I do not want to discuss immaterial matters. the same size. She went there in a great deal Mr. CLARK. I said they had allowed Mr. CONNESS. She was sent there for a less time, performed better, and when she $18,000.
sea-going vessel, a man-of-war, and is now on arrived there was in good order and condition. Mr. HENDRICKS. They did allow $18,000, the South American station as such.
What I said strictly applied to the condition but $6.000 of that was for additional work Mr. GRIMES. The only difficulty in get of the Wateree and her construction. required by the Department.
ting these double-enders around the Pacific is, Mr. HENDRICKS. The Suwanee was of À word in regard to the Wateree, upon while they are in the Atlantic ocean. As the the same class, manufactured by the same which the Senator from California [Mr. Con name indicates, the Pacific ocean is a pacific | house, at the same yard, for the same price, I XESS) made a speech the other day. He says ocean, and these vessels, when they are once believe, and a little less was allowed for the he has a personal knowledge of the Wateree | around Cape Horn, can perform good service loss on her by the board.
She made her voy: and that it proved to be a defective vessel. I in the ocean and on the ocean.
age to California in a little less time than the am not going to discuss with the Senator his Mr. JOHNSON. Have you been on the Wateree. That does not prove that the Watinformation with regard to that vessel, nor his Pacific?
eree was not a good vessel. As I said before, competency to judge whether it was a well Mr. GRIMES. No, sir; but I have read of I presume the Wateree had to encounter a sea built vessel or not. He is satisfied that the the Pacific, as I suppose the Senator has. which her construction and style did not fit her Wateree was not a well-built vessel. The Mr. CONNESS." What the Senator from for, and when she got to California she had to Department does not agree with the Senator, Iowa says is true.
be repaired. Senators know very well, and although he thinks he got some of his infor: Mr. JOHNSON. It is pacific only in name. the Senator from California knows very well, mation from the Department, but I thinkin part Mr. GRIMES. There seems to be a con the cost of repairing vessels in California. Í he must be mistaken, for the resolution which trariety of opinion here. The Senator from believe that labor cost five dollars and $5 50 authorized the Secretary of the Navy to organ Maryland says that it is only pacific in name, per day in gold at the Government works at ize this board closed with this sentence: and the Senator from California says my state Mare Island when gold was 250, making labor "None but those that have given satisfaction to ment is true.
on that coast to cost, in the Government curthe Department to be considered.'
Mr. CONNESS. The Senator from Mary- | rency of the country, ten, twelve, or fourteen The Secretary of the Navy had no right to land made one voyage.
dollars a day; and of course it cost a great deal refer any case to this board where the par Mr. JOHNSON. I made two.
to repair a vessel there. I do not have it from ties in the construction of the work had not Mr. GRIMES. At any rate, while they are the Department, and I do not know how true giren full satisfaction to the Department. not adapted to the navigation of the Atlantic it is, but the gentleman told me that one of the
Mr. CONNESS. Will the Senator permit ocean there are two or three of these vessels vessels that was constructed in a Government me to interrupt him?
there--the Mohongo and the. Wateree; and yard was taken to California, and was so bat- . Mr. HENDRICKS. Certainly.
these vessels are found to be well adapted, I tered in the voyage that she was put upon the Mr. CONNESS. I deduced my conclusion believe, to the service there.
stocks at the Mare Island navy-yard, and it with regard to the Wateree in part from the Mr. HENDRICKS. I am glad to hear that cost as much to repair her upon that side at performance of the ship, which I presume is the Department has not made a mistake in the enormous rates paid there, as it would cost very good testimony in the case. Our sailing sending these vessels around to the Pacific to build her upon this side. It may not be so. vessels make trips from New York to San coast. I supposed they were intended for the It cost a very considerable sum of money at
There is no question about that, I cerned. The prices from that time went on from with the marks of the enemy's cannon balls presume.
day to day and from month to month advan upon her. And now, sir, as she lies at your Now, sir, we have the evidence of the Depart- l' eing. These contracts were made by some below navy-yard battered and bruised, here, having ment in submitting the case of the Wateree to their own propositions, and at barely fair prices come out of the war, proving herself to be a this naval board that they considered her sat at the then current rates. Is there any Senator first-class vessel, of great value in bringing the isfactory, for the resolution did not allow any here who wishes to see these men broken up war to a close, is there any Senator willing claim to go before the board unless the work | merely because they entered into contracts with to say to the enterprising firm who built her, was done to the satisfaction of the Department. the Government? Is there any Senator here - We have got your vessel; she has done us valIn the next place, we have a statement from the who wishes to say to these men, "We have your uable service; she helped to take a inost diifiDepartment addressed to the Committee on bond, and we will hold you to your bond; we cult point, Fort Fisher, where failure had Naval Affairs, which the chairman of the com will take the blood out of your business; we occurred before; a point that had to be taken mittee read the other day, and there is no will have the pound of flesh.'
in order to stop the supplies of Richmond; she objection made to the Wateree, to her ma Mr. President, with this evidence before the has helped to reduce Wilmington; she has chinery, or to the style of her construction by Senate I cannot conceive it possible that Sen contributed very largely to bringing this war to that report that I now recollect. There is some ators would desire to enforce a rule that between a close; but we will hold you to your contract, objection made to another vessel, to some wood private individuals it is felt would be a hard and you shall bear this loss of $119,000?"? work on the Mohongo, but I believe no objec rule to enforce. If a mechanic were to enter As to the question that is raised, and the tion was made in that report or memoranda to into a contract with any Senator here for the most plausible objection, and the most difficult any other vessel that is mentioned in this award. erection of a house, and it should afterward be to answer, that this is an omnibus bill, we can
Now, Mr. President, to conclude what I have prove that the material and labor cost much not examine each case. The entire Senate is to say on this subject, the Senate at the last more than was expected, is there any Senator unable to do that. But at the last session, upon session referred this whole subject to the Navy here who would be willing to take that house the motion of the Senator from Nevada, this Department, and authorized the Secretary of upon the bond and see the mechanic broken question was referred to the Navy Department. the Navy to organize a board to estimate the up? As between man and man, this would be Are you willing to risk a question of this sort amount of the losses that were sustained by regarded as a hard rule. Between the Govern. with the Department that represents the Govthese contractors. Was that right? Was it ment and the citizen who undertakes in a time ernment? Are you distrustful of the Secretary right for the Senate to contemplate the pay of pressing need to produce that which the Gov of the Navy in the selection of a board? Who ment to these contractors of the losses that ernment must have it is an oppressive and out can best examine a question of this sort? You they necessarily sustained? As an original rageous rule, in my judgment, that would hold admit these men ought not to be broken up for proposition, is it right? Is there any Senator him to his contract and his bond.
work they have done during the progress of here that desires to see these men broken up But, sir, the committee say further:
You admit that the changes of the for work done for the Government during the
“The delays occasioned in the work hy the changes
market ought not to fall upon them and crush war? On that subject I will read what is said of the plans eauscd large losses to the contractors; them when the Government has received the in the report of the committee: first, by leaving their labor unemployed for the time
benefit of their enterprise and investments. "The committee believe that in many other cases
upon their hands: seconil, by requiring them to carry
Then you say we ascertain what allowance the completion of the work was delayed by the action rapid increase of the cost of labor and materials, and ought to be made? At the last session the of the Department, because it is the concurrent testi
the depreciation of the currency, for which the Demony of many of the contractors that such was the
Senate said it was a safe thing to submit that partment could not gireadequate and complete relief. case, and also because it could not be otherwise, in The delays worked a special hardship upon the build question to the Navy Department, and you said asnuuch as the art of building iron-clad ships-of ers of the nine vessels first inentioned, as it was pro to the Secretary of the Navy, “Select a board.'' war was not then perfect; it was yet in experiinent, vided in their contracts that they should cach receive so much so that constant modifications of the plans
You did not impose the duty of investigation $500 per day for every day their vessels were combecaine necessary as the use of completed vessels pleted before the time limited for their completion.
upon the Secretary himself, but you said to him, discovered defects or sngrested improvements.' Anil From Mr. Wood, the present general inspector, the Select a board and ascertain how much these it would have been a failure of duty on the part of committee learned that this class of contractors, to the Department had it failed to iniroduce any im
men have lost."; Were not these men authorovercome the delay occasioned by the changes in the provement at any time during the progress of the work; and to the fact that diligence and care were plans and waiting for the specifications, and to meet
ized to infer from that resolution that you inthe carnest requirement of the Department for an tended to pay the losses that it was proved had observed in that regard is in part to be attributed the
early completion of the vessels, prosecuted the work production of a navy so perfect and so formidable.”
been sustained? You said to the Secretary, at nighi and on Sundays, and that for such work they But suppose the Government had not inter were compelled to pay double prices, for which the
• Organize your board, and submit these cases fered at all, and had not from time to time
Department did not and could not make them any to the board, but do not submit any case where
compensation." directed modifications of this work, which
the work is not entirely satisfactory; but if a
Again, they say: caused delay, and which threw upon the con
man has done his work well, if the vessel has
"The committee are satisfied that the petitioners tractors the nec ecessity of buying material and
proven to be a good vessel, submit it to the have sustained, and are sustaining, heavy losses, board, and let the board take the evidence and employing labor at greatly increased prices; which it was not in their power to avoid after maksuppose the contractors had made a mistake ing their contracts. The contracts were generally for report to us how much the losses are." That
large amounts, and required a long time for their simply in regard to the cost of the work; and
is not an omnibus proposition, because each completion. It was impossible for them to make pro case went before the board upon its own sepsuppose that during the war they gave their vision for all the material required, or to foresee and entire energies to the production of a navy that provide against the great advance in the price of la
arate merits. The board was organized in June, bor. The demand for iron of peculiar and large sizes astonished the world ; are Senators willing that
1865, by the Secretary of the Nary. For what and fine quality was great, the supply small, and the these enterprising citizens shall be broken up means of producing it in the country limited. New
purpose? For the purpose of ascertaining, in such an enterprise? Was it a commendamachinery for preparing and rolling it was necessary;
safely to the Government, fairly to the conunder such circumstances builders of iron ships and ble thing that they undertook these contracts ?
tractors, what was the amount of loss in each heavy machinery could not contract in advance for Our navy-yards were fitted for the work of
Is it not fair to infer that the such quantities as would be required, even could they
particular case. ordinary times, but they were not of sufficient advance the money, so that they were compelled to
Secretary of the Navy would select men that abide the fortunes of the market. During the progcapacity to produce a navy such as was required
were qualified for that duty? I I think he did ress of the work, by many of the petitioners, labor select such men. during this war. These citizens undertook the
Who are they? I disagree and materials have advanced, perhaps, one hundred work. They have met with misfortune. Ought
with the Senator from Iowa with regard to this that misfortune to be borne by the people, or
less or the most prudent. The increased cost of labor board, as I understand it.
and materials outran the calculation of every one. should these contractors be crushed in their
Here is Commodore Thomas 0. Selfridge. Ought the losses resulting from such a state of facts patriotic enterprise? I admit, unquestionably, to fall entirely upon the petitioners? The committee
I understand that before the war he was in think not. First, for the reason that the Governthat the hope of making a profit may have in
charge of the navy-yard in California, and was ment, by her own competition for skilled labor and fluenced them to some extent; but upon that material, contributed materially to the lossex. See
supposed to be qualified for the very business subject I will ask the attention of the Senate ond. the Government, by the mode and manner in
of superintending the construction of vessels which she imposed her taxes, contributed to the reto the facts reported by the committee:
and the repair of machinery, and he is now, as sult.'
I understand, in charge of the navy-yard at “From Messrs. Lenthall and Isherwood, ofthe Navy Department, and Mr. Wood, the general inspector,
I will not read further from the report, and Philadelphia. Is it not fair to presume, then, the committee learned that the petitioners entered
will now leave this question, so far as I am con that the learned Senator from lowa is misinto their contracts upon public competition, after cerned, with the Senate. When the cases of taken in his suggestion to the Senate that general notice; that the lowest bilin a class was taken as a standard. which those bidding higher had to
these contractors were presented to the com Commodore Selfridge was a competent man adopt, and that the prices were barely fairat the then mittee, and referred to myself along with the on board ship, but probably did not undercurrent rates;' that the petitioners dealt fairly and distinguished gentlemen who were associated stand very much about machinery. The Govhonestly by the Government in procuring the very best material which they could command, and doing
with me on the sub-committee, I gave the sub ernment has found him peculiarly well qualithe best quality of work, and that they were diligent
ject very close attention, I soon became inter- || fied; and I understand that he was selected in ad pting all measures in their power to complete ested in the examination, and during the prog. he work within the stipulated time."
upon this board for the reason that during ress of the examination I went to the navy inost of the time this work was being done and This evidence, as I recollect, was brought be. yard, and I saw one of these vessels, the Maho these contracts made Commodore Selfridge fore the committee at the last session, and this pac, a vessel that has cost the firm who built was in California and knew nothing about * is an extract incorporated into this report from it $119,000 more than the Government has these contractors or their claims, and came as the report that was made to the Senate at the paid for it. That vessel has gone through an entire stranger to them and went upon the last session of Congress. Then these contracts
the strife of the war. She was in the James board without any feeling, prejudice, or prewere made by these men at prices barely fair river when her services were very important. || viously formed opinion. I submit to Senaat the then current rates; barely fair in Septem She rendered very valuable service at Fort tors, it Commodore Selfridge is fit to be at the ber, 1862, so far as many of the vessels are con. Fisher, and came out of it battered and bruised head of the navy-yard at Philadelphia, is he
noi competent on a board to investigate the scious as anybody can be that there is a great Mr. WADE. I move that these amendments question whether a man las sustained a loss deal of equity in many, probably in all, of be printed, and that the bill be postponed until or not in the building of a sliip?
these cases. These men, as has been said by to-morrow, The next member of the board is Chief En the Senator from Indiana. entered into con Mr. NYE. I move to strike out the word gineer Montgomery Fletcher. I understand tracts with the Government at a time when the "twelve" and insert the word “fifteen'' intie that when these contracts were made and this necessities of the Government were very great. amendment of the Senator from lowa. Fork was done, he, too, was not here, but was They necessarily extended through many Mr. JOIINSON. That will go over with the. at some distant point, I do not know where, months, and, in some instances, through one rest. but was entirely removed from any influence or two years. All the energies of these con The PRESIDING OFFICER,(Mr. POMEROY these contractors could bring to bear upon tractors were applied to the execution of their in the chair.) The Senator from Ohio mores hiin. He was an engineer. He ranks, I be contracts, and all their wealth and the wealth that the bill be postponed until to-morrow, and liere, in the Navy, along with Isherwood, who of their friends, in many instances, was em that the amendments be printed. is in the Department. I do not know that he barked in the execution of their contracts. In The motion was agreed to. is so competent and so skillful a man. I do the mean time the Government, with whom the
WASHINGTON CAVAL. not make any comparison of that sort; but I contract was made, levies a duty not contemsay his rankas a naval officer, I believe, is equal plated by the contractors at the time the con
Mr. WADE. I move to take up Senate bill
No. 190. to that of the engineer in the Navy Department. tracts were made, on many articles necessary He is an engineer in the Navy Department by for them to use in fulfilling their contracts. It
The motion was agreed to; and the Senate,
asin Committee of the Whole, resumed the conhis profession, and by his studies is well quali- | also laid a direct tax on many things, and laid fied to make these investigations.
sideration of bill S. No. 190, to incorporate them three or four times on some things that
the District of Columbia Canal and Sewerage Then there is Paymaster Eldredge. I under it was necessary for them to use in order to stand that he was selected because of his skill fulfill their contracts. Then not only was there
Company. as an accountant. These claims of course a call for the labor they had anticipated, and
The Secretary commenced to read the bill.
Mr. WADE.' This bill has been up before; involved the examination of very elaborate supposed they would be able to use in their accounts, and I understand they were thor yards, but there was a conscription ordered,
I suppose it is not necessary to read any more oughly examined; and he is one of the most
than the amendments reported by the commitand in addition to that, we passed a law declar
tce since its recommittal.' skillful accountants in the employ of the Navy ing that all mechanics and artisans who were
The PRESIDING OFFICER. The SenDepartment, and because of his qualifications employed by the United States in the navyin that respect he was selected. yards should not be conscripted, while all the
ate will proceed to consider the amendments I believe that this was a very competent mechanics and artisans who were employed by
The first amendment of the Committee on board. Is the Senate not willing to risk a these private contractors were snbject to con
the District of Columbia was in line twenty-one board so organized, selected from the skilled scription ; and hence, those who did not go
of section one to strike ont “ hold and convey men of the Department by the Secretary of the voluntarily into the Army, in many instances,
real estate and other property." Navy, to make a particular investigation, safe were induced to go into the Government navyto the Government, as I remarked, and just to yards in order to avoid conscription.
The amendment was agreed to. the contractors? They sat for five months, from Mr. JOHNSON. They were 6 drafted" not
The next amendment was in line twenty-four June till December, heard the evidence, exam
of section one, to insert"and" after money.' “conscripted," as we were told.
The amendment was agreed to. ined the claims, examined the accounts, and Mr. GRIMES. I will not stand on terms; made their award on the 230 day of December the proper term may have been “drafted.'
The next amendment was in line twenty-four last. Can we not trust to an investigation of Now, although there may not be any legal
of section one, to strike out “their” before this sort? If Senators say that it is right to claim upon the Government in such cases as
- franchise,' and insert “its." make up to these men their losses without any these, it seems to me that these contractors
The amendment was agreed to. profit, can you have a better assurance that the present a very strong case in equity. I think
The next amendment was to strike out all of right has been ascertained than you do have that if I enter into a contract with the Senator the second section, after the enacting clause, when a board so organized makes a report? from Maryland to execute a piece of work, and
and in lieu of the words stricken out to insert: Now, sir, I think it is safe to rely on that he uses any means, having the power to do so, That the said company is hereby authorized and
cmpowered to survey, locate, lay out, and construct report. The Senator from Iowa--and I say to to enhance the price of the execution of that
a canal and sewer between the Anacostia river, comthe Senate that on a question of this sort we work, if I could not enjoin him from doing so, monly known as the Eastern brunch, from a point ought all of us to give very much weight to his at least I could recover the excess that through
thercon ncarits junction with the Potomacriver, to a suggestions, for he is very competent, very his instrumentality I was compelled to pay.
point on the old canal near Virginia avenue, which thoroughly informed on every question in rela
Mr. JOHNSON. Unless I had a right to
passes through the city of Washington; thence in,
by, along, and through said old canal to the western tion to the Navy, and we all know that he do it.
corporate limits of snill city of Washington; and brings to the investigation of any subject a Mr. GRIMES. It is a question of conscience
thence to the Chesapeake and Ohio canal at or near
Georgetown, in the District of Columbia. The said most honest purpose, just, as he understands at any rate, if it is not a question of law. Now, canal and sewer, when constructed, shall constituto it, to the Government and to all the parties- the amount that I have proposed is twelve per
and remain a depository and duct for the sewerago
from the city of Washington, and from the property thinks that the report of this board is not suf cent. Senator will observe by the table that
of the United States therein; and the proper corficiently reliable for Congress to make an appro is appended to the report of the committee that
porate authorities of the rity of Washington shell priation upon. Iam not quite able to agree with during the time that these contracts were being
alinys have unrestricted and full power to deter
mine where the sewers of said city shall connect with him on that point, but if he shall feel it to be his carried into execution, the enhancement in the
the said canal and sewer, and the manner in which duty, as I understand he will, to propose an
prices of labor and material was greatly in ex said connection shall be made, so as the manner of amendment limiting the amount of allowance cess of that amount, from seventy-five to one
making the connection shall not injury orimpair the
bank of saill canal and sewer where the connection to a percentage upon the contract price, I do hundred per cent. I think. Tlie difference
shall be made, nor shall the said District of Colunnot know that I shall seriously oppose
it. If between the proposition which I have proposed bia Canal and Sewerage Company make any charge any of these parties shall find it impossible to and the award of the board is the difference or receive any compensation for any councetion of live under that allowance, they can present between about $1,100,000 and $2,230,000.
sewers. The canal and sewer shall be cut to tho
depth of ten feet below high tide as it usually rises; their particular claims to Congress, if they
Mr. JOHNSON. Twelve per cent. would and shall be seventy feet wide at the water-line, with choose to do so, hereafter. I submit the ques give $1,100,000.
the usual slope to the banks: and shall at all times
bo kept in good and navigable repair, and all scdition with what I have said to the Senate.
Mr. GRIMES. Yes, sir. It is a reduction
ment or deposits collecting in the game from tho Dr. GRIMES. I offer as a substitute for of one half.
city sewers or otherwise shall be kept cleaned out 30 the bill the following:
Mr. WADE. I move that the bill be post
that the tide may constantly flow through the same;
and the said company shall have the exclusive right That the Secretary of the Treasury be directed to poned until to-morrow, and that the amendinent to assess and collect tolls upon said canal and also pay, out of any money in the Treasury not otherwise be printed.
upon tho wbarves and docks of the same. appropriated, to the several parties the awards inado
Mr. SUMNER. I send to the Chair an Mr. CLARK. I move to amend this amendin iheir favor by the naval board organizcil underthe resolution of the Senate adopted Mareli 9, 1805, the amendment which I wish to make to the prop ment of the committee in the forty-ninth line awards being made under date of December 23, 1865, osition of the Senator from Iowa, or to the ori on page 4 by inserting after the word " and reported to the Secretary of the Navy: Proviled, The payınents shall not in any case exceed twelve per ginal bill, either. It is the amendment relating nection” the words “ or drainage;" so that the ernt. on the contract price, except in the case of the to Donald McKay.
clause will read: Camanche, in which case the award shall be paid in
Several SENATORS. Let it be read.
Nor sball the said District of Columbia Canal and fuil.
The Secretary read as follows:
Sewerage Company inake any charge or receivo Mr. NYE. I desire to get this question set
any compensation for any connection or drainage of tled in some way. If the Senate wish to post
And be it further enacted, That in the case of Don
ald McKay, of Boston, Massachusetts, who built the The amendment to the amendment was pone the question so that it shall come up to Ashuclot and machinery, and Miles Greenwood, of morrow at one o'clock, I will not object. Cincinnati, Ohio, who built the Tippecanoc, whose agreed to.
contracts liave been completed to the satisfaction of Mr. GRIES. It will be observed that the
Mr. CLARK. In line fifty-one I move to the Department, and who were prevented from apamendment I have proposed as a substitute to pearing beforo the naval board, shall be entitled to
amend by inserting the word "low' before the bill that came from the committee, is to the same rate of compensation as is authorized to be water;" so as to make it read, “ seventy feet allow to each one of the contractors named in
paid to other partics building the same class of yes wide at the low-water line."
sels and machinery; and such payment to be made the award made by the naval officers twelve
The amendment to the amendment was to them out of any money in the Treasury not otherper cent. of the amount of the contract. wise appropriated. under the supervision and diree | agreed to. I stated to the Senate the other day, when this
tion of the Secretary of the Navy: Provirted. The The amendment, as amended, was agreed to.
evidence submitted for his examination fully estabsubject was under consideration, I am as con lishes the right of said parties to compensation.
The next amendment was in section three,
line five, before the word "require,” to insert | ber to be president of the board of directors, and also depute to go. Shall he not have the privilege? " shall." another one of their number to be treasurer of said
He knows about his business. Must he gend company. The said president, treasurer, and directThe amendment was agreed to.
ors, before entering upon the discharge of their du his proxy to somebody else who is a member The next amendment was in line six of sec
ties as such, shall respectively take an oath before of the corporation?
any officer authorized to alminister oaths, that they tion three, to strike out that' and insert
Mr. WILLEY. He need not send his son; will support the Constitution of the United States,
and will fithtully discharge the duties of their re he might make another stockholder his proxy. The amendment was agreed to.
spective offices. In the absence of the president a Mr. CLARK. But he may instruct bis son
majority of said directors may appoint å president The next amendment was after the word pro tempore; and a majoriiy of said directors shall
as to what he wants to do. His son may be in “places," in line eleven of section three, to
constitute a quorum for the transaction of business. such intimate relations that he chooses to have strike out the words - as the board of directors
The amendment was agreed to.
him vote for him. He cannot instruct him in may deem proper at such time.”'
The next amendment was to insert as a new
everything that may come up. There is - no The amendment was agreed to. section at this point:
harm in it certainly.
The amendment to the amendment was The next amendment was in lines sixteen,
Sec. 5. And be il further enacted, That the said pres
ident, directors, and treasurer shall continue in oflice agreed to. seventeen, and eighteen of section three, to
one year from the time of their election, and the The amendment, as amended, was adopted. strike out the words " or such amount thereof directors shall fill any vacancy which may happen in as said corporators shall deem sufficient to au. their own body during the term for which they were
The next amendment, was to insert, after the elected, and in case of the death, resignation, or dis section just inserted, the following: thorize said company to commence said work,"
qualitication of the president or treasurer, they may SEC. 6. And be it further enacted, That the treasurer and in lieu of them to insert: elect a president or treasurer to serve for the residuo
of the said company shall, before he acts as such, And at lcast twenty per cent. of the whole capital of theterm: and thestockholders, in one year after the
give bond to the company in such penalty, and with stock shall be subscribed before the said company day on which the clection of directors shall be first
such security as the president and directors shall shall be authorized to commence said work. inado, and on the same day in every year thereafter,
require, conditioned for the faithful discharge of the (excepting the same shall happen on Sunday, and in duties and trusts committed to him. The salaries of Mr. JOHNSON. I suggest to the member that case on the day succeeding,) shall elect by bal
the otlicers of the said company shall be fixed by the from Ohio whether he ought not to provide in lot a new board of seven directors from among the
board of directors. stockholders, from whom a president and treasurer addition to the provision which he has that shall be forth with appointed to serve one year, all
The amendment was agreed to. the stock shall be subscribed, that it shall be of whom shall, in manner and form aforesaid, tako
The next amendment was to add at this paid in.
the oaths aforesaid; and the president and directors,
for the time being, shall give public notice in one or point: Mr. WADE. There is a provision for that more of the newspapers published in the city of Wash Sec. 7. And be it further enacted, that the shares in further on.
ington, at least ten days previous to the expiration of said company shall be deemer personal and not real The amendment was agreed to.
the time for which they were cloeted. Each stock estate, and shall be transferable in such manner as
holder shall be entitled to one vote for every share of the board of directors shall prescribe, and the shares Mr. CLARK. While we are on this section | stock held by him at the time; andanystockholder, by held by any individual shall be liable to be attached of the bill I think “any,” in line ten, before written authority under his hand, and executed in tho
or taken in execution by fieri facias to satisfy the presence of two witnesses, may depute any other “place,'' had better be stricken out and the
debts due from any such individual, in like manner stockholder to vote and act as proxy for him at any as other personal property may be. word "some'' inserted; so that it will read: general mecting. Books for subscription to the stock of said com Mr. WILLEY. I think there should be an
The amendment was agreed to. pany shall be opened at somo place in the city of amendment in the seventeenth line. There was
The next amendment was to insert after the Washington. Mr. WADE. I have no objection. an omission of the printer or draughtsman.
amendment last adopted the following: The amendment was agreed to. After the word “notice,” in the seventeenth
Sec. 8. And be it further enacted, That the said pres
ident and directors, and their successors, shall have line, I move to insert the words “ for a new elec
full power to demand and receive of the stockholders Mr. JOHNSON. The member from Ohio | tion;" so that the clause will read," and the in equal proportion, the remaining four filtbs of the said that a provision was in the bill that twenty | president and directors, for the time being, shares of stock, from time to time, as they shalljudge per cent. should be paid in, but that is not the shall give public notice for a new election in one
necessary; and if any of the stockhollerschallpeglect
or refuse to pay their proportions within one month provision; only ten per cent. is to be paid in. or more of the newspapers published in the city after the same shall have been required, the share or Mr. WÁDE. At the time of subscription of Washington, at least ten days previous to
shares shall be forfeited: Provided, That notice shall
be given by advertisement in one or more of the daily ten per cent. is to be paid in. the expiration of the time for which they were
newspapers published in the city of Washington, for Mr. JOHNSON. But that is all they are elected.":
ten days, of the time when the same shall be required under an obligation to pay before they begin Mr. WADE. That is right.
to be paid. the work. What I suggested was that before The amendment to the amendment was Mr. JOHNSON. I should like to know from they began the work they should have twenty agreed to.
the committee the exact meaning of this section. per cent. paid in.
Mr. CLARK. I think that the section had
What do they mean by “the remaining four Mr. CLARK. They cannot call a meeting || better be amended in line twenty-three. There
fifths of the shares of stock?!! until twenty per cent. has been paid, not even
stockholder may depute
Mr. WILLEY. is a provision that
You will observe, by a prea meeting to organize. Look at page 7 and any other stockholder to vote for him by proxy.
ceding section, that they are required to pay you will see as soon as the aforesaid twenty
Why should he be confined to any other stock | twenty per cent., which is one fifth, on subper cent.,' &c. bolder?!? Why not “any person?" It may be
scribing. Then in order to get the remaining Mr. JOHNSON. What I think ought to be for his interest to select some one outside of
four fifths this section provides that they shall done, I do not see that it is done by any pro the corporation when he cannot go himself. He
pay it in the manner here prescribed. vision I have yet observed-is to require that should not be confined to a stockholder.
Mr. JOHNSON. But it says " four fifths they should pay twenty per cent. before they Mr. JOHNSO. It is not usual with us to
of the shares,” not "four fifths of what is due commence work. allow others than stockholders to actas proxies.
on the shares.'' Mr. CLARK. If the Senator will look to Mr. CLARK.. It is with us.
Mr. CLARK. As I understand the section, page 7 he will see.
Mr. WILLEY. In drafting the amendment
it seems to me very objectionable indeed. As Mr. WADE. It reads: I followed what was the usage as far as I was
soon as twenty per cent. or one fifth of the stock As soon as the aforesaid twenty per cent, on the wholo capital stock shall have been subscribed as acquainted with the usage.
is subscribed, this corporation may proceed, aforesaid, and the said cash payment of ten per cent. Mr. CLARK. I move to amend by striking and ten per cent. is all that is to be paid in. shall have been made, the said corporators, or a ma out the words "any other stockholder," and
Now, as I understand it, this provision is that jority of them, shall call a meeting of the stockholders, &c. inserting “another person."
the gentlemen who subscribe the one fifth in
the first instance are to be liable to subscribe Mr. JOHNSON. Where is the provision
Mr. WILLEY. Simply add after “stockholder" the words or other person;' that
for the other four fifths by and by. That must that the other ten per cent. shall be paid in ? will be better.
be the clear meaning of it. Mr. WADE. I did not say that there was Mr. WADE. Very well. I have no objec.
Mr. JOHNSON. That is what I supposed a provision that the twenty per cent. shall tion to that.
to be the meaning of it. be paid. Ten per cent. shall be paid; I supposed that was enough. It is a very large of the Senator from West Virginia, and move
Mr. CLARK. I will adopt the suggestion
Nr. CLARK. It certainly should not be so.
A man may be supposed in the first instance expense they are to be at. Mr. JOHNSON. Twenty per cent. is a to add " or other person.'
to take all the stock in the corporation he Mr. SPRAGUE. That seems to me a very
wants, and on that he is assessed ten per cent. small proportion.
But what is this section? singular amendment. Here is a stockholders' The next amendment was to strike out the fourth section of the bill after the enacting outsiders. It is something quite new to me in
That the said president and directors, and their meeting in which it is proposed to introduce
successors, shall have full power to demand and reclause, and in lieu of it to insert:
ceive of the stockholders, in equal proportion, the the organization of companies. I have never remaining four fifths of the shares of stock. That as soon as the aforesaid twenty per cent. on the whole capital stock shall have been subscribed known it to be done in any meeting I have
Mr. JOHNSON. I rose for the purpose of as aforesaid, and the said cash payment of ten per attended.
inquiring whether that was the purpose. It cent. shall have been made, the said corporators, Mr. CLARK. It is done oftentimes. requires any stockholder to take his proportion or a majority of them, shall call a meeting of the
Mr. SPRAGUE. It ought not to be. of the rest of the stock although he may not be stockholders at the National Hotel, in the city of Washington, by advertisement in one or more of tho Mr. CLARK. This section is for the elec- l willing to do it; and even if he was willing to daily newspapers printed in the city of Washington tion of directors after the corporation is organ do it, the effect of the provision is to secure the ten days previous tosuch meeting; and the said stockholders, in person or by liroxy, shall proceed to the ized.
whole of this stock to the persons who first election from among the stockholders, by ballot, of
Mr. SPRAGUE. So much the worse. subscribe, and to compel thein to take it. That seven directors forconducting and managing the busi Mr. CLARK. Here is a man the owner of is not the object, I suppose. ness of said company for the term of one year from the time of their election. The said directors, so
stock; he is sick and unable to attend, and his Mr. WADE. I do not understand it s(. elected, shall immediately appoint one of their num son may be a very proper person for him to Mr. CLARK. I supposed there was some
before from time to time, as may be required, lay
misunderstanding in regard to it, for I certainly take in the designation of the chief justice. In The PRESIDING OFFICER. The amendthink the Senator from Ohio would not have the twenty-second and twenty-third lines of the ment of the Senator from Ohio is to strike out reported such a provision.
section, on page 11, he is designated as the thế words “ through the center of said canal, Vr. WADE. I suppose if a man has sub chiet justice of the United States district court or channel, and extended therefrom, on either scribed for stock and paid in one fifth of it, if for the District of Columbia." I think it should side, thirty-five feet," and in lieu thereof to in one month after a demand is made upon him be chief justice of the supreme court of the insert, “ anywhere between the banks of said and he refuses to pay the balance he should District of Columbia.
canal." forteit the stock. Surely he cannot hold it Mr: WADE. The supreme court of the The amendment to the amendment was, forever. It is a very common provision. District of Columbia it ought to be.
agreed to. Mr. JOHNSON. . That is right enough. Mr. JOHNSON. The language here is Mr. CLARK. I wish to call the attention
Mr. WILLEY. The object of this section is "the district court," in the twenty-third line, on of the Senator from Ohio to that. I think he very plain, but perhaps not well expressed. I page 11.
had better strike out a little more, 6 to be more, in order to meet the objections of Sen Mr. WADE, That ought to be amended.
determined by a line drawn,'' because I do not &cors, after the word “stock," in the fourth || It ought to be supreme court of the District think there is any force in the language as it is line, to insert “by them respectively sub of Columbia," instead of “United States dis
now. I would say, “ for the width of eightyscribed." trict court for the District of Columbia." I
two feet, to be taken anywhere between the Mr. CLARK. But I think that does not move that amendment.
banks of the said canal ;' because possibly by accomplish what the Senator from Ohio under The amendment was agreed to.
a line drawn anywhere between, you might run stands by this section. As I understand it, The next amendment of the committee was it beyond the banks. one fifth is to be subscribed, and one tenth or
to strike out all of section (ten] fourteen after Mi. WADE. I believe it would mean the ten per cent. of that is to be paid in. Now,
the enacting clause, and in lieu thereofto insert: same thing, but perhaps that would be better you want a provision that the other nine tenths
That the said company shall, within thirty days expressed. which is to be paid shall be paid in on the after the passage of this act, cause a constant stream Mr. CLARK. I move so to amend the stock subscribed. of fresh water to be turned into and upon the said
amendment. Mr. WILLEY. That is the object of the
old canal, and to flow through the same from tho
western corporate limits of the city of Washington to The amendment to the amendment was section. the Anacostia river, and to continue so to flow until
agreed to. Mr. CLARK. The amendment which the the 20th day of October next, in default whereof the Senator from West Virginia proposes would said corporators of said company shall forfeit and be
The amendment, as amended, was agreed to. jointly and severally liable to pay to the United States pot accomplish that. I think, perhaps, he had
The next amendment was to insert at this the sum of $2,000, recoverable on motion made by the better pass this by, and something can be framed mayor of the city of Washington or any other person,
point as a new section: after ten days' notice thereof duly served in the suto accomplish the purpose very readily.
Sec. 17. And be it further enacted, That nothing in preme court of the District of Columbia, or any other this act contained shall be held or deemed, in any Mr. JOHNSON. It had better be passed by court havingcompetent jurisdiction. And unless the manner or way, to injure or impair any public or prifor a time.
said canal and sewer shall have been fully constructed vate rights or interests, or in any manner to affect The PRESIDING OFFICER. This amend
and completed in the manner specified in the second the same beyond the mere transfer of the rights of the
section of this act, on or against the 1st day of June, United States to said District of Columbia Canal and ment will be laid by for the time being inform 1867; or, in caso the said company shall thereafter Sewerage Company. alls, if there be no objection. The Chair hears fail to keep the said canal and sewer in good repair,
The amendment was agreed to. no objection.
or clear of all scrliment and deposits as by said section
it is required, for three consecutive months, the fran The next amendment was to insert after The next amendment was in section (six] ten, chise hereby granted to said company shall be forto strike out from line one to line eleven the feited, and the rights and privileges hereby granted
section (twelve] eighteen the following as a shall revert to the United States. following words:
new section: Said company is hereby authorized and empowered
The amendment was agreed to.
Sec. 19. And be it further enacted, That the said
company shall permit all public property belonging to purchase, lease, receive, and hold real estate, and The next amendment was to insert as a new
to the United States to pass through said canal and any other property which shall be deemed necessary section after section (eleven] fifteen :
sewer free of all chargo or toll; and the said comfor the use of said company; but all such real estate or other property, whether public or private, shall bo Sec.16. And be it further enacted, That in ordertonid
Congress a just and truc account of their reacquired by purchase of the same upon terms to be the said District of Columbia Canal and Sewerage agreed upon between said company and the owners Company in fulfilling tbe objects and requirements of
ceipts and expenditures, with a statement of the clear of any property which said company may desire to this act, the use of that part of the Washington canal,
profits thereof. lease or purchase for the purposes aforesaid; and in and bridges crossing said canal, for the purposes afore The amendment was agreed to. case the owners of such property cannot agree upon
said, between the junction of Virginia avenue and a the terms of the sale thereof, or. point near the foot of Seventeenth street west, at the
Mr. WILLEY. I propose further to amend And in lieu of these words to insert :
mouth of Tiber creek, and for the width of seventy the bill by adding at the end of section eigh
feet, to be determined by a line drawn through the teen "and that the same may be altered, The said company are hereby authorized and em center of said canal or channel and extended therepowered to take, purchase, and hold for the purfrom on either side thirty-five feet, be, and the same
amended, or repealed by Congress.' poses of this act, so much real estate and other prop aro hereby, vested in the said District of Columbia Mr. CLARK. Put it at the end of section erty as shall be necessarily required for the proper Canal and Sewerage Company, to have and to hold
twenty. I have drafted an amendment to strike construction of the canal and sewer aforesaid, and the same for the use and benefit of the said company.
out "and" in line two of section twenty, and for the construction of all proper and convenient Mr. WADE. I move to amend the amendbasins, locks, reservoirs, docks, and wharves, to be
add at the end of the section, "and shall be connected with said canal and sewer. And where the
ment in the eighth line by striking out sevsaid company shall not be able to procure such real enty?' and inserting “ eighty-two,
subject to alteration or repeal;'' so that the So as to
section will read : estate by purchase from the owner thereof, or the make it read, "for the width of eighty-two owner thereof.
That this act shall be deemed a public act, shall The amendment was agreed to.
Seventy feet is exactly the width of the
take effect and be in force from and after its passage, canal, leaving no chance for a tow-path or any and shall be subject to alteration or repeal. The next amendment was in section [six] || thing of the kind; eighty-two feet is what the Mr. WILLEY. I accept that. ten, line thirty-eight, to strike out "and" and committee agreed upon.
The amendment was agreed to. to insert:
The amendment to the amendment was Mr. CLARK. I will now move to amend But no such inquisition shall be had until after | agreed to. ten days' notice thereof has been served on the owner
the amendment of the committee in section of the real estate so to be taken, when he resides in Mr. WADE. It ought to be further amended | eight, line four, by striking out the words the the District of Columbia, or by publication of notice so that they can build the canal and save re remaining four fifths of shares of stock” and in one or inore of the daily newspapers published in the city of Washington for twenty days where such
building one bank, for which purpose I move inserting "and" in place thereof; so that it owner resides beyond the said District. When the to strike out the words “ through the center of will read, “that the said president and directors, owner is a feme covert, the notice shall be to her and said canal or channel and extended therefrom | and their successors, shall have full power to her husband; when he is a minor, to his guardian; and when he is non compos mentis, to his committee,
on either side thirty-five feet'' and insert "any demand and receive of the stockhol rs, in or the person having the charge of his estate. The. where between the banks of said canal, equal proportion, and from time to time as they The amendment was agreed to.
to leave them to make it between the old banks | shall judge necessary;"' and then to insert after The next amendment was in lines fifty-one, where they please.
necessary” the words "such sums as may fifty-two, and fifty-three of section (six] ten, to
Mr. CLARK. I think you had better look remain unpaid on any shares of stock, sub
into that. strike out the words:
scribed;" so that the clause will read :
Mr. WADE. I see no objection to this lanAnd in case there be good cause shown, said in
That the said president and directors, and their quest may be set aside, and said chief justice shall guage, "to be determined by a line drawn any. successors, shall have full power to demand and redirect another inquisition to be taken in the manner where between the banks of said canal," so
ceive of the stockholders, in equal proportion, and above described.
from time to time, as they shall judge nccessary, such that they can use one bank or the other. By the
sums as may remain unpaid on any shares of stock. And in lieu of them to insert: language as it is now, they might have to build
The amendment to the amendment was Where good cause is thus shown, the said chief up from a line drawn through the middle, so justice sball set aside gaid inquest, and appoint another similar commission, who shall qualify in the as to be compelled to make two banks when I agreed to; and the amendment of the com
mittee, as amended, was adopted. same manner, and whose inquisition shall be taken, they could use one bank to an advantage. returned, filed, and confirmed, or set aside for good Mr. WILLEY.
Mr. WILLEY. I move to amend the sec
The previous part of the cause shown, in the same manner as the first inquibill requires the canal to be seventy feet wide
ond section, in line thirty-six, by striking out sition was taken, returned, filed, and confirmed, or at low-water line. This clause as it now stands
the words set aside. And such cominission and inquisition shall
or near” and inserting "its terbe renewed as often as may be necessary until the requires thirty-five feet on each side, which
minus in ;' so that the clause will read : inquisition made shall be confirmed.
would only be seventy feet wide. That would And thence to the Chesapeake and Ohio canal at The amendment was agreed to. leave no room at all for making a tow-path.
its terminus in Georgetown. Dr. JOHNSON. I call the attention of the It ought to be wider, in order to give them the
The amendment was agreed to. member from Ohio to what, perhaps, is a mis privilege of making a tow.path.
Mr. JOHNSON. The amendmers which