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turmoil in the building of thirteen shirs, and Mr. CLARK. The Senator from Nevada or whether they be rich, makes no difference thirteen such ships, my friend from New Hamp- | finds fault with me that I insist upon time in in the justice of the Government. If a man shire seems to count the very minutes of time this contract, and he says, why insist upon is rich and has earned well of the Government against him as a reason why this Government time? McClellan was so many months in he should be paid. If he is poor, and has not should not be just to him. To that kind of Washington before reaching the Chickahominy, earned well of the Government, then he should reasoning I object. I insist upon it that the and so many months so and so.

Let me

not be paid. It is not by any such standard very severe criticisms of the Senator from tell the Senator from Nevada that his allu that I wish to try these men. New Hampshire, so fully answered by the dis sion to that general and to time in that con Nor do I wish to have this matter lie over tinguished Senator from Indiana, were not fair nection was an unfortunate one. I did not that I may examine it; for I have said nothing upon this report or upon the bill.

have him in my mind, if the Senator so sup about examining it. I wish it could be laid Now, sir, as little as I know of legislation, I posed. If McClellan had come to time, as over, or I wish some different scheme could be think I see a way in which the distinguished these contractors ought to have come to time, devised by which we might do justice, as I Senator from New Hampshire could have we should have saved hundreds of thousands | said, individually in these cases, each case by shown his fairness much more clearly to my of lives. If at the battle of Fair Oaks he had itself and for itself, and not lump them in this mind. He declares to you that some of these come to time, he might have gone into the city | way, and by a general bill give them twelve per parties are entitled to remuneration. Then, why of Richmond. If at the battle of Malvern cent. on the contract price. As I said before, does he not move to strike out such as are not Hill he had come to time, he might again in that way a man may get more than he is entitled to recover, in his opinion? He says have gone into the city of Richmond. Again, entitled to or he may get less than he is entihe will vote to postpone the bill. That is a if after the battle of Antietam he had come tled to. They should not be leveled down in very easy thing for a Senator to do; but it is a to time, he might have destroyed Lee and his that manner, but each should have according very hard thing to be endured by those who are army.. And now, says the Senator, forsooth, to what he deserves. groaning under burdens they can hardly bear, what is the value of time? Why, sir, if Meade Now,” says the Senator from Nevada, for honest toil, honest labor, and honest mate had come to time after the battle of Gettys "why does not the Senator from New Hamprial that they have given to this Government in burg we should have saved hundreds and thou: || shire move to strike out a case?" Because I the hour of her direst necessity. It is very easy sands of lives; and who shall say that if we had have not had time to examine the cases through. for my friend from Missouri and my friend from had these ships, we should not have shortened I have not had time to examine any one of these New Hampshire to say, “We will postpone it | the war and saved lives? The allusion was an cases sufficiently to enable me to say that the for another year," when the very case shows unfortunate one from the Senator from Nevada man may not be deserving of something, though you that every one of these parties who has for his argument, in my judgment. Sir, I am on the showing he makes he is not entitled to not gone over already is tottering on the very playing no Shylock with these contractors, and it. I might strike out some that were deseryverge of bankruptcy. Oh, postpone it! Give the Senator should know it.

ing. If I were to move to strike out so that my friend time to read the pamphlet! If we Mr. NYE. I have not said so. I asked if the bill should pass as I think it ought to pass, will only postpone it, he is going into it very the Government was prepared to play Shylock. || I would move to strike out forty-one and leave thoroughly; he will spend the vacation in read. I did not say the Senator was, by any means. only one, whoever he might be, and try that, ing the literature of double-ender iron-clads, Mr. CLARK. The Government is playing and then take the others up afterward. That and next winter he will come here ready to be no Shylock.

is the way we ought to legislate, one by one, appointed, if the exigencies of the country Mr. NYE. That is what I claimed, that it as we do in other cases, and not in this colshould require it, a naval constructer! should not.

lective method. Sir, we have here the testimony of two men Mr. CLARK. It deals generously with these Now, Mr. President, one word in regard to who have grown grey in the service of this people when it extends the time and takes the what was first said by the Senator, that this country, two naval constructers whose fame is vessels off their hands, when they have finished board had examined the weight of these ennot bounded even by our own shores, who have them, and pays them the full contract price for gines. Where is the evidence of it? This been consulted by other countries, long-tried them. It does not say to these people, “You board was not established for any such purand faithful servants of this Government, and have delayed the performance of this work for pose. It was not established to report upon they substantially indorse the testimony of these months; six, eight, nine, ten, or eleven months, the weight. contractors. Sir, I insist upon it, that when and therefore we will not pay you ;" but it takes Mr. NYE. Here is the evidence of it. I these men come here they are entitled to an the vessels nearly at the end of the war, some. read from page 21: I have taken no pains to ascertain times within eleven months of the end of the

"That the excess of cost, over and above the conhow Senators are going to vote on this ques war, when they are comparatively useless, or tract price, was due to the greater weight of engine tion; but if these men are to be buried amid not half the value they would have been if than the contractors wero led to expect them to be, the ruins of their misfortune, bury them now; they had been in time, and pays them the full

Mr. Isherwood, chief of the Bureau of Steam Enfor burial would be a relief.

gineering, having assured them that they would not Do not keep them price; and yet the Senator from Nevada says exceed those of the Paul Jones class, (three hundred hanging upon the tenter hooks of uncertainty time, time." Sir, as we grow old we learn and seventy-four thousand pounds.)" till frost time again, and then the Senator the value of time. The Senator knows the

Mr. GRIMES. Who says that? from Missouri or the Senator from New Hamp value of time; and he knows it is sometimes

Mr. NYE. Mr. Henry W. Gardner, of the shire may not have got fully booked up on the true, as Napoleon said, that a moment lost is

firm of Gardner & Lake, contractors for the subject, and will move to postpone it for an the chance of future wretchedness; and espe engine and boilers of the double-end vessel other season. Sir, quick poison is better than cially so in war. This Government was in war; Pawtuxet. slow; and if this Senate has made up its mind such a war as the world had not seen.

"Whereas the weight of one built by them was six that the rule of conduct they will establish is straining every nerve, purchasing merchantmen

hundred and thirty thousand pounds; that the total to take two and a half millions of money from for transport ships and for naval purposes, cost, including cost of collection of bill and intercitizens of this country, do it now. If the blow arming them, and doing everything it could to

ost," &c. must be struck, let it fall now. create a navy, contracting with these people to

There is the evidence. already has been greater than they can endure. deliver ships within a given time, and they Mr. CLARK. Is that all the evidence? My friend from California knows that hundreds failing for nearly a year, this Government has Mr. NYE. No, sir; by no means. of thousands of dollars are involved in his own not played Shylock; but after the war is over Mr. CLARK. Where is the rest? State, where the men have advanced their own these gentlemen come and beseech the Gov

Mr. NYE. Here it is in several cases. money and have carried their loss like good ernment to be generous. Yes, let the Govern Mr. CLARK. Will the Senator turn me to soldiers and patriots. ment be generous, but let it be intelligent in

the rest? Mr. President, all that I regret is, that this its generosity and reward those most who served Mr. NYE. Yes, sir. I will turn you to the whole subject had not been referred to the hon it best.

atestimony of Mr. William Boardman, on page orable Senator from New Hampshire originally, Mr. President, I have said that I do not like 44, which you did not read, but which was read and then we should have had set forth exactly this method of legislation. I know very well, || by the Senator from Indiana: what ought to be paid, and what ought not to and the Senator from Nevada must know very "That the excess of cost was owing to the great be paid. I hope that this motion to postpone well, that when these men are put into a bill rise in labor and material and difficulty in procuring will not prevail, but that the bill will be passed

the same. There are many reasons why the engines together-I do not say that he or the commit.

cost more than the amount of contract: first, when as amended on the motion of the Senator from tee put them into a bill together-but he knows the engines were contracted for, drawings and speciIowa; it is throwing at least a crumb to hungry very well that these men came here together for fications were not furnished us, and we were totally men, which is ever grateful.

ignorant as to the weight of said engines, boilers, the very purpose by collective influence of push

&o. From the best information and belief, we wero Mr. GRIMES. My amendment has been ing a thing of this kind through.

led to suppose the machinery would weigh three adopted.

Mr. NYE. I do not know any such thing.

hundred and eighty or three hundred and ninety Mr. NYE. That amendment being adopted, Mr. CLARK. I well know such a thing.

thousand pounds, and have to say that the raw mate

rial was worth about the amount of the contract, for I hope the bill will pass. I am entirely satis Mr. NYE. Very well; you may, but I do the reason of the great excess of weight of motal fied that it will be in consonance-and I make not.

over and above our estimate." this remark in view of the inquiry that the Sen Mr. CLARK. It is very apparent that by And you will find it in two or three other ator from New Hampshire made whether the the force of one given to the other, the thing || places in the report. tax-payers would like it-with the judgment of is to be carried through by joint weight and Mr. CLARK. But that does not state the the people of this nation that they sh:ll not joint influence. Some of these men may be, || weight of the engines. take the labor of a man who has labored faith as the Senator says, poor; and some of these Mr. NYE. It states the weight of one enfully for them and he go unrequited. Sir, this men may be rich, and if they are not misre- gine, and the engines of the double-enders is all that I desire to say on this question. ported, are rich; but whether they be poor, are all alike.


It was

Their agony



Mr. CLARK. Only one man, so far as I

I am no especial admirer of General The question being taken by yeas and nays, know, states the weight of the engines. George B. McClellan ; but I speak this for resulted-yeas 11, nays 24; as follows: Mr. NYE. The fact appears

justice. After having captured Yorktown, YEAS-Messrs. Clark, Davis, Doolittle, Guthrie, Mr. CLARK. They state generally that with a worse siege than the first time when Henderson, Howe, Kirkwood, Riddle, Sherman, they weighed more. Yorktown was taken, the history of which is

Trumbull, and Wade-11. Mr. NYE. Will the gentleman allow me to indicted in the Rotunda, he advanced and

NAYS-Messrs. Anthony, Chandler, Conness, Cra

gin, Foster, Grimes, Harris, Hendricks, Howard, make a suggestion ?

lacked simply the support that he required in Johnson, Morgan, Morrill, Nesmith, Nye, Poland, Mr. CLARK. Certainly. his own programme as a military man accord

Pomeroy, Ramsoy, Sprague, Stewart, Sumner, Van

Winkle, Willey, Williams, and Wilson-24. Mr. NYE. The fact appeared clearly before ing to the strategy that he had stated. Per

ABSENT-Messrs. Brown, Buckalew, Cowan, Cresour committee that the weight of the engines | haps the Senator-soldier from New Hampshire well, Dixon, Edmunds, Fessenden, Lanc of Indiana, of the double-enders was about the same. I has learned the retreat of the Ten Thousand and

Lano of Kansas, McDougall, Norton, Saulsbury,

Wright, and Yates-14. will ask the Senator from Indiana if he did || Moreau out of the Black Forest ; perhaps he not so understand it ? went with Hannibal and Napoleon across the

So the motion was not agreed to. Mr. HENDRICKS. Yes, sir. I under- | Alps; perhaps he has fought on many fields ;

The PRESIDING OFFICER. The quesstood when the specifications and drawings || perhaps he is able to lay down with Machia. tion now is on concurring, in the Senate, with came to be examined they corresponded. velli the science and art of war.

I say those

the amendments made in Committee of the Mr. NYE. They were alike. remarks about General George B. McClellan

Whole. Mr. HENDRICKS. There was no differ are unwarranted, for he was a gallant man

Mr. HENDERSON. I now move to recomand a patriotic man. It is still a question

mit the bill and the amendments to the ComMr. GRIMES. It is due to Mr. Isherwood | pending whether he was a great general or

mittee on Naval Affairs. and to the Navy Department to state that they not. Laughter.]

Mr. CONNESS. I wish simply to say in say that to each one of these contractors to Mr. RIDDLE. Mr. President, these extra connection with my votes on this proposition, whom the $82,000 was paid the specifications neous questions, I think, should not be lugged | that I voted against the postponement because were delivered when the contract was made. into a debate on so important a matter as this. it is within my knowledge that some of the The drawings were not delivered, but the || On a former occasion, some days since, I ex claimants comprehended by the bill deserve specifications were placed in their hands. pressed my views upon this bill, and told the what is due them by the Government, for

Mr. HENDRICKS. That was when the Senate that I would discuss it hereafter if || I believe sums are due them by the Governcontract was signed, not when the work was necessary. That discussion I think now un ment. But, although I believe that, I can. commenced.

necessary. I then said, and I intend to ad not vote for the bill in its present shape. I Mr. CLARK. The point to which I wish here to it at present, that I would vote for the cannot agree to give twelve per cent. to parties to call the attention of the Senator from | amendment of the Senator from Iowa, and if

who it has been clearly shown in the Senate Nevada is, that only one person undertook to that amendment should be adopted I would are not entitled to a dollar, in order that those state the weight of these engines before the vote for the bill. I infinitely prefer now the || who are deserving shall be paid. Legislation board. The board was not established for any motion of the honorable Senator from Mis of that kind cannot have my vote. It is not such purpose. The board was simply estab- || souri, and why? What is the reason for it? measured, in my opinion, by justice, for when lished to ascertain and to report what was the It is to enable us to winnow the wheat from we speak of justice we must never forget that cost of the work.

the chaff. It has been shown us that some of there is more than one party who requires it Mr. NYE. Will the Senator allow me to these allowances ought to be made and some

at our hands. No addition, in my opinion, ask him a question ?

ought not to be made. Now give us time to can be made at this time to the public indebtMr. CLARK. Certainly.

examine into this matter. There is no me edness without the perpetration of a crime. It Mr. NYE. How could they ascertain what | chanic suffering from this delay; the mechan is an absolute crime, in my opinion. I say for this work cost unless they ascertained the ics are all paid off; and I venture to assert, myself that nothing can induce me to perpeweight of the engines and machinery? and challenge contradiction, that nearly every

trate that by my vote. Mr. CLARK. "In various ways. I do not one, if not every one, of the gentlemen who I am willing to vote the uttermost farthing know how specific the bills may have been. I made these contracts had made a fortune out

that shall be ascertained to be due to any or do not know whether these gentlemen put in of the Government before he lost something

all of the contractors who are parties comprethe weight of the raw material; whether they on these contracts. It was their own option | hended by this bill; but only upon an examiput in the weight of the engines or whether that they took the contracts. They made their

nation of the cases; and I believe, and have they fixed their bills in some other shape, upon contracts with their sub-contractors before they believed from the beginning, that a specific the day's work or in some other way. That || assumed the great contract, and if they lose on

examination of each case will lead to the paydoes not appear here, and that is the very one and we are compelled to compensate them

ment of those who are most worthy at the point. They could put bills of cost in differ for that loss, should they not, with the same earliest period of time. ent shapes, and, I dare say, did put them in || propriety, come back and pay us the excess of It may be, Mr. President, that the Senate different shapes. I dare say the material cost what they made upon the others? Would not may pass the bill in its present form. If they differently to different individuals. Some, per that be justice? Would not that be fair to the

shall do so of course I have no condemnation haps, would pay more and some less. This Government?

to utterin advance of what a majority may do; commission was appointed for the purpose of The details which are cited by Senators on

but until it is done by a vote of the Senate, ascertaining the cost over and above the con this floor are comparatively unimportant. If

I shall not believe that the Senate of the Unitract price and allowance for extra work, and these gentlemen have just claims upon the ted States will pass the present bill or any report the same to the Senate. That was their Government, let them present their claims to

bill made up as it is, comprehended as it is, work, to ascertain the cost, not to ascertain the the Court of Claims; or, if they prefer it, let || putting upon the same level every class of equities on the other side; not to say what was them bring their individual cases before the claimants entitled to every degree of considrequired by the contractand what was furnished Senate, and have them examined upon their eration. My opinion is that it should be comby the contractors, but simply to ascertain the || merits. I may vote, perhaps, for all of them; mitted for the separate examination of the cost and report that. I desire a very different certainly for some; but let us have the just claims. Whether that committal should be to thing; I desire that the equities on the other claims presented separately from the unjust the Committee on Naval Affairs or not is a side should be stated in regard to the cost, and claims. I am not going to discuss this ques- question for the Senate to decide. I am perthat we should have the whole matter intelli tion; but I repeat now what I have said here- || fectly willing that it should go there with ingently before the Senate.

tofore, that if we are going to make this allow structions to them to report upon each case Mr. McDOUGALL. I do not rise to discuss ance, if we are going to open the door, there separately. I am prepared upon such a plan this question, but only to make an observation will be no closing it. As was remarked by the to be even generous as well as just to those in reply to the Senator-soldier from New Senator from New Hampshire, why cannot

who are found emimently worthy by the examHampshire. He has talked about the battle your wagon-makers come in for an additional ination to be made. My own choice would be of Fair Oaks and said something about Mal. allowance? Why cannot your contractors who

to commit it to the Committee on Claims of vern Hill, and he has spoken about a general contracted to deliver hay for twenty dollars a

this body. who is absent. The maxim de mortuis nil ton and had to give thirty dollars for it come Mr. CLARK. We do not want it. nisi bonumapplies to the absent as well as in for additional pay? Where are you going Mr. CONNESS. The Senator, who is chairto the dead.

to stop? That is the question. My plan is man of that committee here, says he does not Mr. CLARK. Put in the dead. [Laughter.] to postpone the subject, or rather it is the plan || want it. I knew that; and although the Sen

Mr. McDOUGALL. He will live beyond of the Senator from Missouri, and I shall vote ator has discussed this measure with a clearyour period. General George B. McClellan for that with all my heart. I trust the Senate ness and acumen that commonly belong to was an excellent soldier and a true patriot. will postpone the bill in order that we may him on every subject, and evidencing the inIf General McDowell had been allowed to winnow out the wheat from the chaff.

dustry that is of so much value to this nation, make his movement as he was directed, ac- | The PRESIDING OFFICER, (Mr. Doo I have so much confidence in the Senator's cording to General McClellan's advice, down LITTLE in the chair.) The question is on the sense of justice that I believe the cases having to Yorktown to support him, he would have motion of the Senator from Missouri, [Mr. merit would receive due consideration at his been in Richmond very shortly. Cowardly HENDERSON,] that this bill be postponed until hands. men withheld his forces for the defenses of the first Monday of December next; and upon It was suggested by the Senator from Nevada, Washington, and therefore General McClel that question the yeas and nays have been

who addressed the Senate a few moments ago lan had not the material with which to ad. ordered.

on this subject, that the chairman of the Com.


mittee on Claims had now committed himself carrying through those that may have less this time by the adoption of this proposition, upon the subject. I do not understand that merit than others. It is hardly just to the

and that the Government will save money by when a Senator performs the duty incumbent Naval Committee to say that they would allow paying all these persons twelve per cent. I upon him here of analyzing closely the claims themselves to become the instruments of re think they will be benefited and the Governthat are presented for the public consideration | porting any bill or any claim to the Senate ment will be benefited. I think the proposiand payment he is committing himself against that they did not believe to be deserving of tion ought to be adopted. a measure. While the uttermost farthing that is merit and which they did not believe ought to

Mr. CONNESS. "I need not say, as I have due should be paid by the Government to whom passed be by the Senate.

already spoken all I desire to say on that subit is found to be due, the uttermost farthing at I conclude these remarks without going into | ject, that I differ very much from my friend the present time should be also kept in the any examination. I hope the suggestion of from Oregon in the opinion he has expressed; Treasury if it belongs there; and I should feel the Senator from California may prevail, and but I rise to suggest that I think it is apparent for one that I was performing my part but illy that if the bill is to be recommitted it will go that it will be found on a slight examination here if I did not by my votes sustain such utter to the Committee on Claims or some other that the subject can be divided into classes

If the instructions are to go with this committee. I do not want it recommitted my. when it comes before the Senate again and motion, or it is to be the understanding that | self; I have no desire of that kind.

that although there are forty-two cases they when the bill is recommitted to the Committee The PRESIDING OFFICER, (Mr. Doo need not come before us in forty-two bills; nor on Naval Affairs they are to examine each LITTLE.) The pending motion is to recommit need even the examination be conducted except case and report at the earliest period of time the bill to the Committee on Naval Affairs. as to classes. I think that it is not so inuch of during this session, so that it may be acted Mr. WILLEY. I suppose the question a work as is imagined and that if the bill be upon, what is due to each of these contractors, could be as well tested on the recommitment, recommitted it will be found to be more easily I shall give a vote for that recommittal; but to which I am opposed, by moving to amend and readily performed, and that we shall act in its present shape I desire to say that the that motion so that the bill may be referred upon it with more promptness and, I will not bill cannot receive my vote on its passage. to the Committee on Claims, which motion I repeat, with more justice. I have felt, Mr. President, called upon to make.

I am very glad the suggestion is made to make this statement more particularly because The PRESIDING OFFICER. The Senator || commit the subject to the Committe on Claims. constituents and friends of mine are interested from West Virginia moves to amend the mo I wish to say again that I have no doubt the in some of these claims. I shall as a matter tion to recommit by referring the bill to the honorable chairman of that committee will act, of rourse, both in the gratification of my feel Committee on Claims.

not only with justice, but with generosity toward ings and in rendering them justice at the earliest Mr. CLARK. I think we had better perhaps | these claimants. The case, as has been stated, period of time, seek the opportunity of serving try the motion to recommit to the committee has been fully discussed here, and I think it them to that extent. If they expect anything from which the bill came.

I think there is no may be conceded that it is the sentiment of beyond that they expect service that they can doubt the Senate have confidence in that com the Senate to act with generosity toward these not receive at my hands. I am in favor of the mittee. I am sorry the Senator from West claimants, and I have no doubt that it will be earliest examination of their claims, and the Virginia should have understood that I in examined with that view and with reference to payment of the greatest amount that shall be tended to accuse the sub-committee of making || that sentiment and opinion; and I hope that found to be their due, and I have no doubt that up this bill in this way for the purpose of car that course will be taken. their claims will stand the closest test of exam rying one claim by means of another. What Mr. DAVIS. I would suggest to the Senination and comment when the facts are pre I meant to say was that these people who went ator from Missouri that he add to his motion sented to this body.

before the board had done it for the purpose an instruction to the committee to report sepMr. WILLEY. Mr. President, if this bill of carrying one with the other. I did not arately upon each case. I presume that each is to be recommitted, speaking for myself only || make any charge upon the committee.

case has its distinctive facts and features, and as a member of the Committee on Naval I do not feel quite willing, so far as I am I confess it struck me as somewhat improper Affairs, I hope the suggestion of the honorable || individually concerned, after having expressed to group in a single bill as many cases of difSenator from California will prevail and that myself so freely in regard to some of the ferent claims, each claim sustained by a differit may go to the Committee on Claims or some claims, that the bill should go to the Commit ent state of fact, as are embodied in this bill. other committee. I have not deemed it neces tee on Claims, and solely for the reason that Another thought has occurred to me in rela. sary to participate at all in the discussion, not I feel that some of these people coming here tion to this matter. Some of these claimants because I had not examined the claims suffi with claims might not feel that confidence they may have had other contracts with the Goyciently to satisfy myself, but because I saw the ought to feel in a committee examining the ernment and upon those other contracts they bill was being discussed by other Senators matter. They might feel that I was preju- | may have made large profits, two or three more competent to do justice to the case, and diced against their claims.

times the amount of their losses on the conperhaps more familiar with the subject. My Mr. WILLIAMS. I hope this amendment tracts embodied in this bill. When a man conown convictions upon the subject from the which has been proposed by the Senator from tracts with the Government, as a general rule examination I have given the case are very Iowa [Mr. GRIMES) will be adopted and an end he must risk his contract and he must make or clear. My mind is made up very conclusively put to this controversy. Everybody knows that lose by it according to his judgment and accordon the merits of these claims. Therefore I do in a case of this kind we cannot ascertain the ing to his vigilance and energy in the execunot think it is justice to the Senate to recommit facts with mathematical accuracy; and all we tion of his contract; and when he has made the bill to the Naval Committee, if the other can do is to approximate to justice. This sub-profitable contracts with the Government, and members of the committee feel toward the ject has been examined by a board constituted consequently has received large profits, is it claims as I do. I trust that if it is recommitted for that purpose; it has been reëxamined by | just to the Government, is there any claim of at all, the suggestion of the Senator from Cal the Naval Committee; it has been elaborately justice in his favor that he shall retain all the ifornia may prevail

, and I know of no better discussed here before the Senate; and now I || large profits which he has made upon other committee to which it could go than the Com say it will be more economical for the Govern. contracts and shall be indemnified in a conmittee on Claims. I am satisfied that although ment, if there be any persons in this number tract on which he has made a loss? I think there may be a difference in the merit of these presenting claims not just in law or equity, to not. It seems to me that the committee ought different claims, there is not a claimant in the pay them the twelve per cent. rather than to to be instructed to report a separate bill in bill mentioned that is not justly and honestly, | protract this litigation and controversy; and it relation to each case, and that Senators might before the country and the Senate, entitled to will be better for the men entitled to more than have an opportunity of withholding any remumore than the bill will give him.

twelve per cent. to have the twelve per cent. neration in favor of parties who have made In reference to the difficulty in regard the at th time than to be compelled to wait year || large profits upon other contracts. I therefore form of the bill, I have not been able to see after year and finally get in the end perhaps a suggest to the Senator from Missouri that he the point in the objection made. I think there || larger sum. I am in favor, so far as I am indi add to his motion that the committee, to whatcan be no more difficulty because several claims | vidually concerned, of settling the question at ever committee it may be referred, be required are included in the bill than there would be in this time.

to report a separate bill in relation to each the case of the naval appropriation bill or any Now, sir, if the proposition that has been claimant whom they deem entitled to relief. other general appropriation bill which contains suggested should prevail, and each one of these Mr. HENDERSON. I decline to accept many distinct appropriations for various ob claims should be brought before the Senate and that amendment to my motion. I prefer that jects. The report upon these claims is dis before Congress by itself, and discussed as ex the bill shall go back to the same committee tinct and separate; the claims themselves are tensively, as no doubt it would be, as the claims from which it came, since the discussion of the set forth separately in the bill; and it is just have been upon this occasion, very much of question. I do not desire that it shall be sent as easy to modify any one of the claims or to the time of Congress will be occupied with this to the Committee on Claims. I have entire strike it from the bill entirely as it would be subject, and I do not believe there is any prob- | confidence in the Naval Committee, and after to modify an appropriation bill or to strike it | ability that we shall ascertain the facts in the the facts that have been developed here in the from the bill entirely.

case and be more likely to do justice after all discussion I think the Committee will do what I do not think that the honorable Senator that time and trouble than we are now. So far is right. I have no doubt about that. If they from New Hampshire has done the sub-com as I am concerned, I have listened to this dis report back the amendment of the chairman of mittee of the Naval Committee justice when cussion and heard what has been said on both the Naval Committee I cannot say that I shall he urges upon the Senate that cases contain sides; and I believe that justice will be pro vote against it; but I would rather they would

ag less merit than others are included in the || moted, that it will be more to the advantage of reëxamine it. I think the Senate would be whole, in an omnibus bill, for the purpose of the claimants to have the question decided at better satisfied if there was a reëxamination.





I do not ask that the committee report sepa I hope we shall vote on this proposition and that all the evidence, all the facts offered in this rate bills; I do not want them to do so; they refer it back to the Naval Committee.

case, concur in showing that this business on may class the cases.

Mr. MORRILL. I am very much in the the whole was a bad business for the contractMr. GRIMES. I think there would not be an position of the Senator from Missouri; that is, The general judgment of the committee absolute necessity for a separate bill in each I know nothing very specially about this case. now is that at least twelve per cent. is due these

I think the cases could be classified. I have a general impression resulting from a contractors. There is no danger that injustice For instance, the cases of the hulls could be l general reading of the case and from some will be done by the Government if that much put by themselves. There are some cases that || observations upon the case as it has progressed is allowed; much more is claimed, and much spring out of the manufacture of wooden hulls || here. But what occurs to me is this: what are more, I believe, the majority of the committee of vessels entirely; others were different classes we to gain by sending it back to the Commit concluded to report to the Senate. of vessels, and different classes of engines. tee on Naval Affairs? We send it back to One other thing should be considered: how Four or five or six bills might cover all the them for what purpose; with what expecta does this case come here? The question was

tion? Is it said that any new light has been || here last year, presented to the consideration Mr. HENDERSON. I think the country elicited by the debate? Are we satisfied that of the Senate, and on the whole it was thought will be better satisfied and the Senate will be this committee have been corrected in their best to refer it to the Department out of which better satisfied to have this measure go back judgment, instructed, or informed by this de these contracts originated, who were supposed for reëxamination ; and if the committee shall, || bate, so that they are in a better condition now to have some information of course of the whole upon that reëxamination, decide that we ought | than they were when the debate began? If so, affair, to appoint a commission--a commission to pay these claims, I am sure that I do not un there might be some hope ; but if they are all of its own choice, a commission of its own men, derstand the subject sufficiently to put myself of the opinion of my honorable friend from who would sit upon these cases, hear all the against the allowance; but I think facts enough West Virginia, [Mr. WILLEY,] I should have evidence, and make up a judgment. That was have been developed to satisfy me anyhow that very little expectation of their changing much a commission appointed on one side ; it is what there are some claims here that ought not to this report.

in ordinary parlance we should say was an ex be allowed. I suggest further, that the way the Is it expected by those who propose to send parte arbitration, arbitrators chosen entirely bill now stands the Senator from Massachusetts the report back to the Naval Committee that on the part of the Government; not in the or[Mr. SUMNER] has secured the adoption of an new evidence is to be taken? Is there any dinary law parlance an indifferent arbitration, amendment to pay two other claimants. I do new evidence to be offered? Is it to be re but an ex parte arbitration, arbitrators chosen not know whether their claims have ever been turned to the committee with instructions to by the Government itself, Government emexamined by the committee or not. I do not reinvestigate and take new evidence? If not, | ployés, Government officers. Certainly a presuppose they have.

what is to be gained by a recommittal ? sumption ought to arise, I submit, that so far Mr. SUMNER. They are only to be paid It is to be recommitted, I hear it suggested, as the Government is concerned it has had an what they shall prove before the Department for the purpose of classification. How valua- || umpire of its own choosing. Nobody says it

Mr. HÉNDERSON. I am not satisfied with ble that would be, I do not know. It might was not intelligent; nobody suggests that it has that sort of legislation. They never were before aid the Senate somewhat in its investigation, not been indifferent; nobody suggests that the the board, as I understand. I did not under possibly ; but after all it would not enlighten award has not been the result of full considerstand that the Senator's amendment provided the judgment of the committee, and so far as ation; and now I think the fair deduction is that those cases should be examined by the results are concerned they would reach the that the Government interests, at least under Department.

same things precisely. And now all of us can these circumstances, were duly considered. Mr. NYE. The amendment is that they see that this is a question of confidence to some Then, in addition to that, it has had a further shall stand on the same footing with the others, | little extent. I feel that I, to some extent, am safeguard. That report coming into this Senthe same percentage being allowed as in the to vote on this as a question of the confidence ate has been referred to one of your first comother cases.

I repose in the committee and the commission. | mittees, and you have the evidence of the manMr. HENDERSON. Now, let me suggest I believe the allowance is reduced now, on the ner in which they have attended to their duties, that if the amendment of the Senator from motion of the honorable Senator from lowa, and to-day I understand that all that committee Iowa, the able chairman of the Naval Commit the chairman of the Committee on Naval Af concur in the judgment and belief that at least tee, should be adopted, that pays twelve per | fairs, to twelve per cent. on the contracts or twelve per cent. ought to be paid these per. cent. on the entire amount of the contract price. twelve per cent. on some definite sum. That

Under these circumstances, I rose only The amendment of the Senator from Massa I understand now to be the judgment of that to suggest that I shall vote, not to recommit, chusetts is to be included, of course, bringing committee; I believe the entire committee. but for the bill. in two contracts that have never been examined, The moving of the amendment by the honora The PRESIDING OFFICER. The Senaand very large contracts, as I understand ; those ble chairman conveyed to me the inference that tor from Missouri moves to recommit this bill contractors will be paid twelve per cent., too, that is his judgment; and now I understand the to the Committee on Naval Affairs, to which though the committee has never examined committee are agreed that at least twelve per the Senator from West Virginia moves an those cases at all. The committee has not cent. ought to be paid. I understand the sug amendment to commit it to the Committee on reported that they are entitled to anything; the gestion of the Senator from West Virginia to Claims. board has not examined those claims; and all be that there are no claimants named in the The amendment was not agreed to. I have to satisfy me that they are entitled to bill who ought not at least to have that much. The PRESIDING OFFICER. The quesanything is the proposition of the Senator from Now, sir, if we are to act on that basis, what tion now is on the motion of the Senator from Massachusetts." That upon a great many rad on earth is to be gained by longer delay in re Missouri to recommit the bill to the Commitical measures would be amply satisfactory to turning this to the committee? The classifica

tee on Naval Affairs. me; but I do not know that I can vote twelvetion which is suggested as possibly being an Mr. CONNESS called for the yeas and per cent. upon two large contracts merely || advantage to us, after all I conceive will be of

nays, and they were ordered; and being taken, because these gentlemen are thought by the very little use to us. I have read this report, || resulted-yeas 13, nays 23; as follows: Senator from Massachusetts to be as meritori and at one time I went through it somewhat

YEAS- Messrs. Chandler, Clark, Conness, Davis, ous as those reported upon.

with a view to make up a general judgment Doolittle, Guthrie. Henderson, Howe. Kirkwood, Now, I do not think we are legislating prop about it; and I think there is specification. Riddle, Sherman, Trumbull, and Wade-13.

NAYS-Messrs. Anthony, Cragin, Foster, Grimes, erly. Senators may think that I am putting | Although there is general aggregation, there is

Harris, Hendricks, Howard, Johnson, McDougall, myself in the way of doing justice to meritori


each case is set down by itself and each Morgan, Morrill, Nesmith, Nye, Poland, Pomeroy, ous characters when I know nothing about case was considered by itself.

Ramsey, Sprague, Stewart, Sumner, Van Winkle, the subject. That may be true. I think it is I have made up my mind that on the whole,

Willey. Williams, and Wilson--23.

ABŠENT-Messrs. Brown, Buckalew, Cowan, Cresaltogether likely that if the committee will | if it came to a general vote, I should vote for well, Dixon, Edmunds, Fessenden, Lane of India reëxamine this question and report back to this bill, not that I have examined each case in ana, Lane of Kansas, Norton, Saulsbury, Wright,

and Yates-13. the Senate that I am mistaken, and that I am detail and have become satisfied of its particuinterfering in a thing about which I know | lar merit, but I do not forget the general fact

So the motion was not agreed to. nothing, I shall be perfectly satisfied. I do that this work was done at a time when every

Mr. HENDERSON. I have but one more not know that I shall put myself in the way body must know that in the nature of things it motion to make in regard to this bill, and then, here again. I differ with the Senator from was impracticable to do the thing without los if the Senate desire, they can pass it. I move Oregon. He says the cheapest way to do this ing money: The Government was pressing in that the pending bill and the amendments be thing is to vote the bill and get rid of it. It these shops in all directions. They were crowded committed to the Committee on the Judiciary has suggested itself to my mind that to-mor with work. They gave up their own private en with instructions to report a bill by which the row morning I will bring a suit against my || terprises to facilitate the public service; and I | claimants may institute their several actions in friend from Oregon. He says that when à think we all know enough of the general dis

the Court of Claims and recover such amount claim is prosecuted against a defendant the orders of the country, the general disruption of

as will reimburse their actual cost in executing best way is to pay it. I will only make my business affairs, to know that it was impracti the contracts. I ask for the year and nays. claim against my friend very large, and he will cable in the nature of things that these business || [“ No, no."'] I withdraw the call. pay me twelve per cent. to get rid of me, I || operations could have gone forward under the The motion was not agreed to. suppose, as the cheapest way to settle the circumstances at all economically to the con

Mr. KIRKWOOD. For the purpose of ascersuit. . tractors.

taining what is the precise judgment of the

But I am not going to argue the question, Senate on this matter, I move to amend the money by it. (Laughter.]

because I am not sufficiently posted on the par- || billMr. HENDERSON. I will say no more. ticular facts to justify it. I mean to say simply



tor from Iowa will allow the Chair to state the Mr. KIRKWOOD. If I can succeed in wood, of Cincinnati, Ohio, who built the Tippecanoe, question. The bill is in the Senate, and the || amending the original bill

whose contracts have been completed to the satisfac

tion of the Department, and who were prevented question is on concurring in the amendments Mr. GRIMES. Let me inquire of my col

from appearing before the naval board, they shall made as in Committee of the Whole. Shall | league if he does not think the sentiment of be entitled to tho same rate of compensation as is the question be taken on the amendments sep the Senate has been sufficiently tested on the

authorized to be paid to other parties building the

same class of vessels and machinery; and such payarately? subject, when they refused to commit the bill

ment to be made to them, out of any money in the Mr. GRIMES. I think they had better be to either of the committees suggested for the Treasury not otherwise appropriated, under the sutaken separately. purpose of separating these different claims. pervision of the Secretary of the Navy, provided the

evidence submitted for his examination fully estabThe PRESIDING OFFICER. The first || I believe the Senate, by a vote of almost two lishes the right of the said parties to such amount of amendment will be read.

to one, decided that it should not be done. compensation. The Secretary read the first amendment Mr. KIRKWOOD. I am not certain of Mr. CLARK. I believe there is no amend. adopted in Committee of the Whole, which that; and for the purpose of being assured of ment now pending. was to strike out the original bill after the en it, I move, if it be in order, to strike out of

The PRÉSIDING OFFICER. There is not. acting clause, and insert in lieu of it the fol the original bill this item on page 8:

Mr. CLARK. I move the following amendlowing:

To the Globe Works, of South Boston, Massachu ment as a new section: That the Secretary of the Treasury be directed to setts, upon the machinery for the Iosco and Massa

And be it further enacted, That the sums hereby pay, out of any money in the Treasury not otherwise soit, $59,577 99.

authorized to be paid to the partics herein named appropriated, to the several parties the awards made in their favor by the naval board organized under

I have before me the report of the board shall be in full for all work done by said parties on the resolution of the Senate adopted March 9, 1865, showing the reasons why this award was made.

the vessels and machinery for which said sums are

respectively paid, and if accepted by any of said parthe awards being made under date of December 23, It is one of the cases to which the Senator ties shall be on that condition; and none of said par1865, and reported to the Secretary of the Navy:

from New Hampshire called attention. This Provided, That the payment shall not, in any case,

ties shall be entitled to said sums until he shall exoexceed twelve per cent. upon the contract price, is the explanation given in that case:

cute a receipt in full for said claim. except in the case of the Comanche, in which case

The amendment was agreed to. “The contracts for these vessels were dated by the the award shall be paid in full.

Navy Department August 15, 1862, in which they were The bill was ordered to be engrossed for a The PRESIDING OFFICER. The ques. allowed seven months, or until March 14, 1863, to

third reading, and was read the third time. complete the machinery and deliver the vessels to tion is on the first amendment. the Government, but the Massasoit was not so com

Mr. TRUMBULL. On the passage of the Mr. KIRKWOOD. After the vote is taken, pleted and delivered until the 9th of January, 1864. bill I ask for the yeas and nays. will it be in order to move an amendment to nor the Iosco until the 18th of January, 1864, the the bill as amended? principal cause of delay being the difficulty in ob

The yeas and nays were ordered ; and being taining workmen, as the demand for the services taken, resulted-yeas 22, nays 11; as follows: The PRESIDING OFFICER. It will be of men in the Army and Navy was so great, and

YEAS-Messrs. Anthony, Cragin, Foster, Grimes, Mr. CLARK. I think the Chair is under a also on account of the number of vessels being built

Harris, Hendricks, Howard, Johnson, McDougall, mistake. The Senator wants to amend the by the Government, making it impossible, with the

Morgan, Morrill, Nesmith, Nye, Ramsey, Riddle, scarcity of labor, to fulfill the contracts within the

Sprague, Stewart, Sumper, Van Winkle, Willey, original bill by striking out, as I understand given time."

Williams, and Wilson-22. him, some of the names in the original bill.

The only reason assigned for the delay is

NAYS-Messrs. Clark, Conness, Davis. Doolittle, Mr. KIRKWOOD. I want to do just this: that they could not get hands to do the work,

Gutbrie, Henderson, Howe, Kirkwood, Sherman,

Trumbull, and Wade--11. I want to get a test vote, if I can, in the Sen.

and we are called upon for that reason to pay ABSENT-Messrs. Brown, Buckalew, Chandler, ate. I intend to move to strike out one of

them $29,789 for each vessel. I think that Cowan, Creswell, Dixon, Edmunds, Fessenden, Lane these appropriations.

of Indiana, Lane of Kansas, Norton, Poland, Pomethey ought not to be paid that amount for that Several Sexators. Which one?

roy, Saulsbury, Wright, and Yates--16. reason, and therefore I move to strike out this Mr. KIRKWOOD. I take the first one for || item.

So the bill was passed. machinery. Mr. CLARK. I desire to make a suggestion

ADJOURNMENT TO MONDAY. Mr. JOHNSON. That is no test vote.

to the Senator from Iowa. It is the evident Mr. RAMSEY. I move that when the SenMr. KIRKWOOD. I want to see whether symptom of the Senate that they will take the ate adjourn to-day, it be to meet on Monday it is the intention to consider these matters

substitute instead of what will be left of the next. separately or altogether. I think the evidence bill if this item be stricken out. Then are we The motion was agreed to. in regard to this one is such that it ought to be

not wasting time in this way? stricken out. Whether I can do that at this Mr. KIRKWOOD. This will be out of the

MESSAGE FROM THE HOUSE. time, or after the amendments are passed upon,

substitute as well as of the bill, as I under A message from the House of RepresentaI do not know. stand.

tives, by Mr. McPherson, its Clerk, announced Mr. SHERMAN. The Senator can very Mr. CLARK. Not at all, because the sub that the House of Representatives had passed easily do it by a simple proviso, providing that stitute refers to the report.

without amendment the joint resolution (S. R. no portion of the money shall be paid to the Mr. KIRKWOOD.* Does not the substitute No. 56) authorizing the Secretary of the Treascontractors who built the particular vessel. refer to the bill?

ury to adjust the claim of Beals & Dixon In my judgment, that is the only way to reach it.

Mr. CLARK. No, the substitute does not against the United States. Mr. KIRKWOOD. I am not familiar with

refer to the bill; it refers to the original report The message further announced that the the rules. I will state what I want to have of the board.

House of Representatives had insisted on its done. I want to strike out the allowance to

Mr. KIRKWOOD. If the Senate are deter amendments to the bill (S. No. 26) to encourthe Globe Works for the machinery for the

mined to pass this measure as it is, be it so. I age telegraphic communication between the wooden double-ender Iosco, if I can get at that am sure this claim to which I have called at United States and the island of Cuba and in some way. Mr. McDOUGALL. It has been ruled before

tention ought not to pass. As, however, my other West India islands, and the Bahamas,

amendment is supposed to be wasting time | disagreed to by the Senate, and agreed to the that until the amendments of the Committee without any object, I withdraw it.

conference asked by the Senate on the disaof the Whole have been acted upon in the Sen The PRÉSIDING OFFICER. The ques greeing votes of the two Houses thereon, and ate, it is not in order to move amendments. So it has been ruled several times. I have seen

tion is on concurring in the first amendment had appointed Mr. Thomas D. Eliot of Masit here. Whether the ruling is right or not, I

made as in Committee of the Whole as a sub sachusetts, Mr. CHARLES O'NEILL of Pennsylstitute for the original bill.

vania, and Mr. Nelson TAYLOR of New York, do not know; but that has been the ruling: The amendment was concurred in. Mr. CLARK. I think the proposition is a

managers of the conference on the part of the

House. very clear one. The Senator from Iowa (Mr.

Grimes] moves a substitute for

the whole bill; || amendment, made as in Committee of the
tion now is on concurring in the remaining

ENROLLED BILLS SIGNED. and it is in order, certainly, before the substi

The message also announced that the Speaker tute is voted upon, to amend the bill which is Whole, to add an additional section.

of the House of Representatives had signed the proposed to be stricken out. The Senator from

Mr. GRIMES. I move to amend that amend

following enrolled bills; and they were thereIowa (Mr. Kirkwood) proposes to amend the

ment by inserting the words "such amount of" upon signed by the President pro tempore: original bill by striking out one item from the

before the word "compensation' at the close A bill (S. No. 158) to facilitate the settlement bill, so that it will leave then, to the choice of

of the amendment, so that the Secretary of of the accounts of the Treasurer of the United the Senate, either to take the substitute of the

the Navy may pay these claimants if upon in- | States, and to secure certain moneys to the Senator from Iowa, [Mr. Grimes,] or the vestigation he shall conclude that they are people of the United States, or to the persons amended bill.

entitled to such an amount of compensation to whom they are due, and who are entitled to Mr. CONNESS. But that will not reach as is allowed in the previous section.

receive the same; his object.

Mr. SUMNER. Certainly, I have no objec A bill (S. No. 255) to remit and refund cerMr. KIRKWOOD. Will it be in order for tion to that.

tain duties; and

Mr. HENDRICKS. That amendment, I me now to move to amend the original bill in

A joint resolution (S. R. No. 56) authorizthe respect which I have indicated?

understand, refers the question to the Secre- || ing the Secretary of the Treasury to adjust the The PRESIDING OFFICER. I undertary of the Navy.

claim of Beals & Dixon against the United stand from the suggestion of Senators accus

Mr. SUMNER. Yes.

States. tomed to preside that it is in order to move The amendment to the amendment was agreed

HOUSE BILLS REFERRED. to perfect the original bill before the vote is

to; and the amendment, as amended, was contaken on striking it out and inserting a substicurred in, as follows:

The message further announced that the

House of Representatives had passed the fol. tute. So the motion of the Senator from Iowa,

SEO. - And he it further enacted, That in the cases in that state of things, is in order. of Donald McKay, of Boston, Massachusetts, who

lowing bills and joint resolution, in which it built the Ashuelot and machinery, and Miles Groen- li requested the concurrence of the Senate; and

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