Page images
PDF
EPUB

the pay. The committee think not. But the notice made the case still stronger, as the Auditor must have perceived that it was given to protect the rights of the petitioner, it being in his handwriting. And what makes the equity of this case stronger is the fact that, in December, 1839, Stark sold to the petitioner all his interest in the contract and in the property employed in carrying the mail, so that, at the time he drew this draft, he had no interest in the concern.

"It is true it does not appear that this sale of the interest of stock was communicated to the Auditor; yet the notice was at least some evidence that there had been some change in the interests of the partners, or their relations to the contract. It was notice that the petitioner who wrote the letter wished to protect his own rights.

"The committee, therefore, are of opinion that the act of the Auditor, in paying the draft to James Gould, was clearly illegal, contrary to the usages of the department, and manifestly unjust to the petitioner, who was, at the time it was drawn, entitled to the whole pay arising under the contract. They therefore report a bill to pay him the amount of said draft, wrongfully paid out of the money due on said contract."

1st Session.

No. 201.

IN SENATE OF THE UNITED STATES.

SEPTEMBER 17, 1850.
Submitted, and ordered to be printed.

Mr. WHITCOMB made the following

REPORT:

[To accompany bill S. No. 350.]

The Committee on Patents, to whom were referred the memorial and papers of Thomas J. Godman, asking an extension of a patent granted him for an "apparatus for scalding hogs by steam" on the 13th day of February, 1835, to run fourteen years from the date thereof, have had the subject under consideration, and report:

That, after a full examination of all the facts, it appears that the patentee has expended in perfecting and bringing into use said invention the sum of $1,106; that, notwithstanding the proof is clear that he has used ordinary exertions to sell and dispose of the right to use said invention, he has not as yet received from the sale of the same but $352 25; that within the last few years the merits of this invention have become more apparent, and its general utility admitted, promising to yield something like a recompense for the inventor's labor and skill, if the extension asked for be granted. The said Godman, before the expiration of his said patent, filed his application before the Commissioner of Patents, as the law directs, and claimed an extension for seven years. It appears that the Commissioner refused the prayer of the petitioner, but his reasons for this decision are not given; and your committee believe, after a full examination of the case, that no good and sufficient reason can be given. It is the policy of this government, and the part of wisdom, to pursue in all such cases that course which gives a reward to all who by their genius contribute to the aggregate knowledge and wealth of the country. The invention of Mr. Godman comes under this head; it is a great auxiliary in the branch of business with which it connects itself; and your committee, deeming it just, right, and proper that a further opportunity be given him to profit by his invention, accordingly report a bill for his relief.

1st Session.

No. 202.

IN SENATE OF THE UNITED STATES.

SEPTEMBER 18, 1850.
Submitted, and ordered to be printed.

Mr. Rusk made the following

REPORT:

The Committee on the Post Office and Post Roads, to whom was referred a resolution of the Senate, adopted on the 27th day of May lust, in the following words, viz: "Resolved, That the Committee on the Post Office and Post Roads inquire and report to the Senate the facts in relation to the respective contracts for building mail steam-ships, and for the transportation of the United States mails between New York and Liverpool, between New York, Havana, and New Orleans, and Havana and Chagres, and between Panama and San Francisco and some point in Oregon; whether said ships have been completed in the manner and at the times stipulated in the contracts, respectively, and, if not, what reasons are assigned therefor; whether such delay, if any, has been detrimental, under all the circumstances, to the interests of the government and the requirements of the service; whether any of said ships have been increased in their tonnage, dimensions, and machinery, and, consequently, in their value and effectiveness for naval and mail purposes, and the probable cost of those required by the terms of the contracts, and those actually constructed; whether the mail service is now performed by said lines, respectively, according to their contracts, and what compensation has been paid therefor; and whether any further provisions of law be necessary to secure the more effectual performance of said service, and the other objects contemplated by said contracts,"-have given to the same their most careful consideration, and respectfully report:

In the discharge of the duty assigned them, your committee have thought it best to state, as plainly and concisely as possible, what has taken place between the government and the contractors for the lines mentioned in the resolution, respectively, and therefore propose to dispose of each in the order named in the resolution. With a view to the proper investigation of the subject, your committee, through their chairman, addressed notes to the Postmaster General, the Secretary of the Navy, and each of the contractors, requesting them to furnish, for the information of the committee, copies of all documents connected with the transactions in question, and such other information as might be deemed necessary to answer the inquiries devolved upon them by the Senate; and, in answer thereto, received reports, accompanied by the copies of documents here

unto annexed.

The following report of Commodore Perry and Commander Cunning

[ocr errors]

ham, to whom an order had been addressed by the Secretary of the Navy, covering the resolution of the Senate, bearing date the 27th of May last. furnishes perhaps the most accurate information that can be obtained with regard to the extent to which the contractors for the several lines of steamships have complied with their respective engagements:

NEW YORK, June 12, 1850.

SIR: In obedience to the order of the Navy Department of the 5th instant, covering a resolution of the United States Senate, bearing date the 27th May ultimo, we have the honor to submit the following report:

In view of a better explanation of the subjects on which we are called upon to report, we have arranged the inquiries of the Senate under for several heads, and have replied to them consecutively, and with reference to each respective contract.

First. Resolved, That the Committee on the Post Office and Post Roads inquire and report to the Senate the facts in relation to the respective contracts for building mail steam-ships, and for the trans portation of the United States mail between New York and Liverpo between New York, Havana, and New Orleans, and Havana a Chagres, and between Panama and San Francisco and some point Oregon; whether such ships have been completed in the manner and the times stipulated in the contracts, respectively, and, if not, wh reasons are assigned therefor."

With respect to the contract for transporting the United States between New York and Liverpool, entered into by E. K. Collins a associates, and dated the 6th of March, 1846, the contractors stipula to build five steamships-four to be ready in 18 months from date contract, and the fifth to be completed as early as practicable. By subsequent law of Congress, the time for the completion of E. K. Collis contract was extended to the 1st of June, 1850.

Of the vessels above referred to, four have been launched-the " lantic," of 2,845 tons; the "Pacific," of 2,707 tons; the "Arctic," 2,856 tons; and the "Baltic," of 2,723 tons, registered measureme The fifth has not yet been commenced. The "Atlantic" was inspecte. on the 5th of April, and the "Pacific" on the 13th of May last, and they & now employed under the contract in the transportation of the mails. T "Arctic" and "Baltic" will, it is expected, be ready for inspection August next.

The ships of Collins's contract are required to be of not less than 20 tons burden, with engines of not less than 1,000 horse-power. In nage, it will be seen that they considerably exceed the prescribed lim and the effective or working power of their engines is not less than 1,50 horses; though, according to the old rule of Watt & Bolton for est mating the power of steam-engines, their nominal power is a little sh of 1,000 horses.

In manner and materials of construction of these vessels, the terms the contract have been complied with, excepting that, instead of engi of direct action, those with side levers have been substituted. (See s companying paper, marked A.)

The contract of Albert G. Sloo, dated April 20, 1847, was for the ca struction of five steam ships-four to be of not less than 1,500 tons burde

« ՆախորդըՇարունակել »