depots for the preservation of the gunpowder belonging to the United States, and whether the public service requires the establishment of such depots."

The subject of establishing a depot for the reserved powder not wanted for ordinary use, in one receptacle, and where the least possible injury would result from explosion, engaged the attention of the War Department some ten or twelve years since. An inquiry into the propriety of establishing such a depot, together with an examination of a proper site therefor, was intrusted to a board composed of the general-in-chief of the army, the Chief Engineer, and the inspector of armories and arsenals. The report of that board was published, and is to be found in Executive Document No. 2, 2d session 27th Congress, vol. 1, pages 341 to 344. The measure then recommended by the board has lost none of its importance since. The public service requires the establishment of such depots more now than then; for the increase of population in the vicinity of the stores of gunpowder at the arsenals has increased the risk of personal safety, and also the hazard to which the stores are exposed by such contiguity. This proximity of magazines of gunpowder has also been complained of by property-holders in the immediate vicinity, as injurious to the value of their property. This inconvenience and danger have caused remonstrances against the evil in some cases, and petitions for the removal of those deposites of gunpowder. So great was the anxiety of the people in the neighborhood of St. Louis arsenal, that it became necessary, about a year ago, to adopt measures for removing the powder magazines from that arsenal to the reserved military lands some seven miles from the city. One magazine has already been built on the site selected, and a second commenced. The two will store about 10,000 barrels of powder, as much as it may be advisable to provide in that part of the country at present. The site will readily admit of additional magazines should it become desirable to increase the deposite in that quarter.

The place suggested by the board, whose report I have before referred to, as a site for the depository to supply the southern and a part of the Gulf coast, is, in my judgment, altogether suitable. Two large magazines capable of storing conveniently 5,000 barrels each, of gunpowder, would be sufficient there, one of which should be erected soon.

The views of the board in regard to the main depot are full and judicious, and leave nothing to be added on that subject. The amount of storage ultimately to be provided will not probably be required for many years, and under the present circumstances I do not think it would be advisable to do more than purchase the land and erect two, or at most three magazines.

The total supply of powder which it is estimated should be [provided and kept in store for all military purposes, including supplies for the forts erected, in progress, and proposed, may be stated in round numbers at 90,000 barrels. We have now at the arsenals, independently of the supplies in charge of the troops in garrison and in the field, about a million and a quarter of pounds of powder in casks, and about half a million of pounds made up into ammunition for cannon and small-arms-in all about one and three-quarter millions of pounds, or 17,500 barrels. In addition, there are supplies of nitre and sulphur at the arsenals sufficient to manufacture about four millions of pounds, or 40,000 barrels of powder. These materials can be kept in their present depositories without danger.

I enclose a statement showing the quantity of powder now in store at the arsenals in the vicinity of some of our large cities, and near to dense and increasing population.

I may state, in this connexion, that my attention has recently been called to the necessity of having a fire-proof magazine for the storage of the powder required for the Pacific coast. The provision now made for this purpose is temporary and unsafe, and I propose, as soon as I can obtain the necessary data, to submit an estimate for a permanent fire-proof magazine to be located at Benicia.

The resolution of the Senate is returned herewith.

Very respectfully, your obedient servant,

Hon. C. M. CONRAD,
Secretary of War.

A. K. CRAIG,

Col. of Ordnance.

Statement of the quantity of gunpowder at the principal United States

1st Session.

REPORT

OF

No. 57.

THE SECRETARY OF WAR,

IN ANSWER TO

A resolution of the Senate, calling for information in relation to contracts made with officers of the army to furnish supplies to the government.

APRIL 8, 1852.

Read, referred to the Committee on the Judiciary, and ordered to be printed.

WAR DEPARTMENT,

Washington, April 7, 1852.

SIR: I have received a copy of a resolution of the Senate, directing the Secretary of War" to inform the Senate: First, whether any of the officers of the United States army have been contractors to furnish supplies to the government of the United States; Secondly, if such cases exist, what were the rates of such contracts as compared with those of other persons contracting for the same things, to be delivered at the same time and places ; Thirdly, the names of the officers making and sanctioning such contracts; and lastly, as to the measures, if any, which have been taken by the depart

ment in such cases."

In reply, I beg leave to report, that some two months since, it was reported to me that certain officers of the army, stationed in California, had been engaged in purchasing articles of supply for the army, and selling them at a profit, to the government. On investigating the matter I found that Brevet Lieutenant Colonel Hooker had been summoned before a courtmartial, ordered by Brevet Brigadier General Hitchcock, commander of the 10th military department, charged with "conduct unbecoming an officer and a gentleman," in being engaged in such transactions.

The evidence in the case established, beyond all doubt, that the accused and 2d Lieutenant Brevet Captain Alfred Gibbs did contract with 2d Lieutenant George H. Paige, second infantry, acting assistant quartermaster at the post of Sonoma, in California, to deliver to him at said post one hundred and fifty tons of hay at the rate of $35 per ton, and that the hay was delivered and paid for at that price, and that they realized on the whole transaction a profit of about $12 per ton; also, that the accused did contract to deliver to the same officer, at the same place, one hundred cords of wood, at $8 75 per cord.

Brevet Lieutenant Colonel Hooker was "fully and honorably acquitted." This decision is only to be explained on the supposition, that, in the opinion of the court, it is not "unbecoming an officer and a gentleman," to engage in such transactions.

The proceedings of the court were submitted to Brevet Brigadier General Hitchcock, by whose order the court had been convened, and the sentence was confirmed by him. In justice to that officer, however, I herewith append an extract from his order, confirming the sentence, in which, while he seems to admit the right of officers to make such contracts, he strongly condemns the practice.

As regards the prices at which these articles were contracted for, as compared with those of other persons contracting for them at that post, about the same time, the Quartermaster General reports to me that the price for hay had varied considerably; as high as $50 50, $60, $62, and $75 per ton had been paid for it; but in the same month in which this contract was made, Assistant Quartermaster Allen had purchased hay at $15 less per ton. The price paid for the wood, as compared with that previously paid, does not appear high. It was proven, however, before the court-martial, that public notice was given for proposals, and that in both instances the officers were the lowest bidders.

As there was no law or regulation prohibiting_officers of the army from contracting with the government, and as Brevet Lieutenant Colonel Hooker had been "fully and honorably acquitted by the court," not only of the charge, but of every specification, I did not feel that I should be justified in recommending to the President the adoption of a course which, under other circumstances, I might have felt it my duty to recommend.

Brevet Captain Gibbs, who was associated with Lieutenant Colonel Hooker in one of these contracts, presented himself in person at the department, frankly acknowledged his error, but solemnly protested, that when he engaged in this transaction he was not aware that it would be considered improper. For this reason, and on account of his youth and previous high character as an officer and a gentleman, I considered that he would be sufficiently punished by a reprimand.

I deem it but just to both these officers to add, that this erroneous opinion as to the propriety of these transactions was not confined to themselves. They appear to have been known to all the officers at the post. Major P. Kearney, who commanded the post, and whose duty it was to watch over the disbursements, signed the contract as an attesting witness; and two other officers (Paymaster Leonard and Assistant Surgeon Campbell) were sureties for its faithful performance.

I came to the conclusion, however, that some means should be speedily adopted to prevent a repetition of such an abuse. As soon, therefore, as I was informed of these transactions, I addressed a letter to the Committees on Military Affairs, both of the Senate and House of Representatives, recommending that a law should be passed prohibiting similar abuses in future. A copy of this letter is herewith transmitted.

Several weeks having elapsed, and not finding that any action had been taken on the subject by either committee, I issued a regulation, a copy of which is herewith transmitted. I do not consider, however, that this regulation supersedes the necessity of an act of Congress. Besides that a law carries with it a higher sanction than a mere regulation of the department, the sentence of a court-martial for violating the latter would be at the discretion of the court.

Since the receipt of the resolution of the Senate, I have learned of other operations of this kind, in which both Lieutenant Colonel Hooker and Brevet Captain Gibbs were engaged. The department is now investigating them.