The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 320
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320
CONGRESSIONAL GLQfiE.
district court of the United States for the western
district of Virginia, was read the second time.
The bill to authorize the Secretary of the Treas-
ury to make an arrangement or compromise with
any of the sureties on the bonds given to the United
States by Samuel Swartwout, late collector of the
customs in the port of New York, was taken up
and considered, as in committee of the whole, re-
ported to the Senate, and ordered to be engrossed
for a third reading.
Mr. SEVIER presented a petition frohi John
Dillard, relative to his claim under a contract for sup-
plying provisions to the Indians: referred to the
Committee on Finance.
The bill requiring one of the judges of the circuit
court for the District of Columbia to reside hereaf-
ter at Alexandria, was taken up and considered, as
in committee of the whole, reported to the Senate,
and ordered to be engrossed for a third reading.
The bill to incorporate the Georgetown College, in
the District of Columbia, was taken up and consid-
ered, as in committee of the whole, reported to the
Senate^ and ordered to be engrossed for a third read-
ing.
The bill to direct the disposition of certain un-
claimed goods, wares, or merchandise, seized as be-
ing illegally imported into the United States, was
taken rip as in committee of the whole.
Mr. WOODBURY inquired what committee the
bill was reported from.
Mr. BERRIEN said it was reported from the
Committee on the Judiciary, in consequence of a
suggestion made in the report of the Secretary of
the Treasury. It was to provide for the disposition
of small parcels of goods seized in consequence of
the infraction of the revenue laws; which, under the
present law, cost the United States more than the
value of the goods themselves. The object of the
bill was to provide for the sale of parcels of goods
of and under the value of $100, after such notice
was given as was proper to enable persons to come
forward to claim them.
Mr. WOODBURY did not make the inquiry with
any view of opposing the bill. He would merely
suggest to the chairman, whether the bill ought not
to be taken cognizance of also by the Finance Com-
mittee. He threw out the suggestion, but would not
move such a reference.
The bill was, however, reported to the Senate,
and ordered to be engrossed for a third reading.
Mr. BAYARD, from the Committee on Naval
Affairs, reported back, with an amendment, the bill
to establish an armory, or dock-yard, at or near
Memphis, in the State of Tennessee.
The bill te afford relief to certain contractors with
the government—that is, extend to them the time for
fulfilling the contracts for casting cannon and balls,
&c., was taken up, as in committee of the whole.
On motion by Mr. HAYWDOD, a blank in the
bill was filled up with 12 months; thus extending
the contracts that length of time.
The bill was then reported to the Senate.
Mr. BAYARD proposed an amendment to the 2d
and 3d sections, exempting from the operation of
these sections all contracts made or to be made for
supplying cannon and balls.
Mr. HAYWOOD remarked that the bill was re-
ported from the Committee on Naval Affairs, on the
suggestion of the Secretary of the Navy. Accord-
ing to the construction given to the act of Congress
remodeling the Navy Department, the Secretary has
no discretion to grant an extension of time on con-
tracts, as was the former usage. There were a
number of petitions presented the committee praying
for an extension of contracts. The committee direct
ed him (Mr. Haywood) to report a general bill pio-
viding for all cases. He suggested to the senator
from Delaware that it would be better to let the bill
lie over till to-morrow, and prepare a new section,
embracing the principle he wished to embody in tins
bill—that js, of granting extension of contracts, not-
withstanding there may be persons ready to enter
into new contracts to furnish the same articles at a
rate 75 per cent, lower than they were furnished by
the contracts proposed to be extended. If the Sen-
ate was willing to extend these contracts without
modification, and to pay 75 per cent, for the ftr\ o;■
of granting the extension, he would have to remain
satisfied.
Mr. BAYARD paid that his amendmen had not
reference to any particular contract which had been
made by the government. The Senator from
North Carolina [Mr. Haywood] was right in say-
jng tiiat obligations having been made on behalf of
partiular companies to contract to furnish cannon
and ball, the committee who had the bill under con-
sideration, preferred, in consequence of a recommend-
ation of the Secretary of the Navy, reporting a
general bill, with the limitations and guards contain-
ed in the second and third sections; because it was
not supposed that there would be any propriety in
withholding an extension of these contracts, even if
the government would, in point of fact, be able to
have the work done at a cheaper rate now, than
when the original contracts were made. The bill,
a's reported, was a very just and proper one; but it
did not make that particular application to the case
which he desired it should. The making of can-
non was one of the most important and difficult op-
erations in the fabrication of implements of war. It
was a very expensive business, and required to be
conducted with great caution and skill; and there-
fore nothing on earth could be worse policy in the
government than to let out contracts to the low-
est bidder. So particular were the European
powers in regard to this matter, that in the con-
tracts which they entered into for the mak-
ing of cannon, they always sent an officer of
standing and experience, whose duty it was to
watch every stage in the business, from the begin-
ning to the end; and for the reason that the charac-
ter of the cannon depended more on a thorough
knowledge of the material of which it was fabri-
cated, than upon any proof it could afterwards be
subjected to. The test to which it was applied in
proving it, might destroy the value of the weapon;
and every proof certainly lessened its value, till an
ounce of powder would cause it to explode. Noth-
ing could be told by mere proof. The conclusion to
which scientific men in Europe had come, was,
that the great security consisted in a knowledge of
the material of which the cannon was made; that it
should be uniform, and of good quality; and thus,
being assured of the excellence of the material, the
subjection of every weapon to proof would not be
necessary, afler the first had been tried. For this
reason, nothing would be more unwise than this pol-
icy of letting out contracts for the fabrication of can-
non to the lowest bidder. The necessity for the
amendment had grown out of the act of the last ses-
sion, which required that all contracts should be let
out to the lowest bidder. The department, in making
its estimate for the last year, had adopted a uniform
price for cannons; for, from long experience, they
knew at what price the manufacture could be safely
conducted to insure good cannon; and he found, up-
on turning to the report which came from the bureau,
this year, that the estimated price of cannons was
the very price which was to be given to the contract-
or whose memorial was before the Senate and the
committee when the act passed.
Some years ago, at the suggestion of Mr. Poin-
sett, who, at that time, presided over the War De-
partment, a commission was appointed for the pur-
pose of visiting Europe, with a view to ascertain the
manner in which cannon were fabricated for the use
of the different governments. They visited all the es-
tablishments of the kind in Sweden, France, England,
and Austria; and upon their return, having thoroughly
examined every mode, they made a very able and
elaborate report to the department, which was sub-
sequently introduced to the notice of the Senate,
he believed, on the motion of the Senator from Mis-
souri, [Mr. Benton.] Upon turning to page forty-
eight of this report, it would be found that the sug-
gestion which he [Mr. Bayard] had made, was
distinctly stated, as the result of their observation.
Heie Mr. B. read on extract from the report,
showing that, from the observation of the commis-
sion, a knowledge of the mateiial of which can-
nons were manufactured, was of more importance
than any proof to which they could afterwards be
subjected. This was the conclusion to which they
had' come. It would be seen that in most of the
countries in Europe, except England, the can-
nons were manufactured m national foundries;
but in England, where contracts were made
with private establishments, officers were inva-
riably appointed by the government to exam-
ine and oversee the choice of the material,
and to superintend the progress of the work. The
bill which was introduced at the last session of Con-
gress, had more especiulfy reference to supplies of
provision and clothing; and it was not thought, in
that overwhelming species of legislation for retrench-
ment and reform, to exclude that particular portion
which related to contracts for cannon. The Sec-
retary of the Navy said, that inasmuch as Congress
had passed a general law of that kind, excluding
all contracts, it was not competent for him to con-
tinue any particular contract. The committee, under
these circumstances, and at the suggestion of the
Secretary, reported this bill, with an additional pro-
vision. They said, in this provision, that contracts
should be extended, except where the articles could
be had at a cheaper rate than was provided for in
the contracts proposed to be extended. There had
been but one contract made by the government, as
he undersood the case; and by that, the cannons
were to be furnished at what he considered a very
reduced rate; but he had been told that the price was
sufficiently high to insure the best material and
workmanship; and upon turning to the report which
was made by the bureau, he found that in estimating
the number of cannons, they estimated these at the
very pijce which had always been given. This
estimate was founded upon a knowledge of the sub-
ject, and the committee deemed that it would be suf-
ficient to insure a faithful fulfilment of the contract,
under the limitations which he had submitted
to the consideration of the Senate. The ob-
ject was simply to examine into, and find by what
contractors it would be most likely the work would be
done in the best manner, and not alone in the cheap-
est. It did not seem, however, to him, that it was
at all necessary to change the present contract, by
taking it from the company in Richmond, Virginia,
and transferring it to another. That company had
contracted for one hundred guns. They had_ sup-
plied sixty of them. A letter which he held in his
hand, addressed to Commodore Crane, threw snvne
light upon this subject, and he would read it. [Here
Mr. Bayard read the letter referred to.] It would
be seen that, in making a contract of this kind, it was
not all iron which was fit for the purpose. It re-
quired a particular description of iron. The best in
Europe for that purpose, was the Swedish iron. The
board of commissioners, who had visited Europe,
reported that it had been proved by experiments,
that its strength was most remarkable. Their great
object was to ascertain the quality of that iron,
which they succeeded in doing. It was found that
the iron furnished by the company in Richmond,
approached very nearly, in its peculiar properties, to
the material of which the'Swedish nine-pound trial
guns were made, and which excited so much sur-
prise in consequence of their great strength.
From a report, which he held in his hand, it ap-
peared the guns already furnished to this gov-
ernment by the compRny, were highly satis-
factory. The reason why the contract had not
been fulfilled before the passage of the act
which confined all contracts to the lowest bidder,
was, that their furnace got out of order; otherwise
they would have fulfilled their contract. Finding,
however, that the guns which they made after this
were not of the same quality as those made before,
they suspended the work, for the purpose of repair-
ing their furnace. They would now be ready to go
on and fulfil their contract in a few months; and the
only question was, whether this company should
be permitted to furnish guns, and renew their con-
tract, or whether the contract should be given to
some other company? Past experience had shown
that the cheapest cannon were not the best. It had
also shown how necessary it was to have instru-
ments of war which could be depended upon. The
bursting of cannon had been added with disasters
too appalling to be forgotten? He recollected one
case—on board the Essex, he believed. A gun
which had been run out at the stern with a view to
protect that part of the vessel, burst, and killed six-
teen men. The consequences of such disasters were
deplorable. It was not merely the loss of life which
was to be considered, but the dispiriting effects and
the dread which such accidents produced upon tile
minds of men having not only to contend against the
guns of their enemy, but to run the risk of being
killed by those with which they hoped to defend
themselves. Mr. B. here referred to another case,
which he read at some length.
All this went to show how important it
was that not only the guns should be of
a proper material, but that the balls should also be
of a proper material; for, in either case, if there was
a deficiency, the consequence would still be the
same. In the statement to which he had just referred,
tho ball itself being imperfect, it became wedged in
the muzzle of the gun; and the result was, the gan
exploded. It was, therefore, quite as important that
the balls should be made of proper material as the
gun itself. Upon a review of the whole subject, he
had adverted to the practice which prevailed in Eng-
and in regard to this matter, and he would now re-
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/344/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.