other papers or documents not included in parts B and C, and to be printed in 8vo. B.-Treaties and other documents printed in confidence for the use of the Senate. C.-Tabular orders of the day, circular letters, lists of yeas and nays, lists of members of the House of Representatives, lists of committees, orders of funeral processions, rules of business in 8vo, rules of business in 12mo, and all other matter not enumerated above, and not embraced in either of the other classes of printing of a miscellaneous character, in royal octavo, 4to post, or folio cap, or any other size not otherwise specified herein, nor in any of the other classes of printing. Parts A and B, by the contract, are to be printed in small pica type, in pages of a uniform and particularly described size, each page to contain 1,705 ems if in small pica; and if in brevier, to contain 2,870 ems; and each document in part A is to be numbered and paged consecutively for binding, in the same manner as is done with the "Reports of Committees" and "Executive Documents." By the terms of the resolution of the Senate of March 20, 1849, the "Opinions" in question had to be printed in pages of a different size, containing a different number of ems, and with differently arranged headings, without numbering; and involving, besides, a large expense for new type and other materials, and for a quality of paper far superior to that required by the contract, as stipulated for parts A and B. The document could not, therefore, be embraced in either of those parts. It necessarily, therefore, falls in part C, which contains the residuary portion of the class "Miscellaneous." The printing of part C, as to the adoption of either of the various sizes. therein specified, and as to the kind or description of forms, paper, and type to be used in the execution of the work, is to be directed by the Secretary of the Senate in each case, as it may occur. The work embraced in part C of the miscellaneous class is to be executed at the following prices: "For the composition, in whatever type may be required, per 1,000 ems, 12 cents; and for press-work, paper, folding, and stitching of 100 copies, per page, for tabular orders of the day, 10 cents; for circular letters, &c., 10 cents; for lists of yeas and nays, 10 cents; for lists of members of the House of Representatives, 10 cents; for lists of committees, 10 cents; for orders of funeral processions, 10 cents; for rules of business in 8vo, 10 cents; for rules of business in 12mo, 8 cents; and for all other matter not enumerated above, or when the same cannot be computed as above, including composition, paper, press-work, &c., of any size whatever, not herein specified, per 100 copies, $2. The document in question is not one of those "enumerated above,' and is moreover of a size "not herein specified," and is therefore clearly to be paid for at $2 per 100 copies. It is true the words "per page" are omitted; but this omission is supplied by the context. Thus, the first rate specified is: "For press-work, paper, folding, and stitching for 100 copies per page, for tabular orders of the day, 10 cents; for circular letters, &c., 10 cents, (per 100 copies per page being understood;) "for lists of yeas and nays, 10 cents," (per 100 copies per page being again understood;) and so on until the last rate specified, being "for all other matter not enumerated above, or where the same cannot be computed as above, including composition, paper, press work, &c., of any size whatever not herein specified, per 100 copies," (the words "per page" being again understood,) "two dollars." It is to be observed that all these several rates are parts of one sentence, all separated from each other in a similar manner by a semicolon, and all rendered equally specific and equally intelligible by the words omitted being understood. It is to be further observed, that if the words "per page "be not understood. in this rate, the rate of compensation for any work done under it would be altogether uncertain; for, if not limited and reckoned by the page, it must include the whole matter printed, whether it be of one single page of 8vo, or 1,000 or more pages of folio; and thus, while the printer would be entitled to demand as much for a single page, or even part of a page, as for an entire large volume, he would be obliged to furnish for two cents a document of 1,000 folio pages! Suppose, for example, the printer to Congress had been ordered to print the Census-which, at the time the contract was made, was supposed not improbable: if it consisted of the same number of pages as the last Census, and the same number of copies (10,000) were ordered, and if the rate $2 per 100 copies had been construed to mean copies of the entire work, the printer would have been obliged to furnish for $200 what Congress had paid, in 1840, $80,000 for-that being the amount paid for printing 10,000 copies of the last Census. It is true that a charge of $2 per page per 100 copies would, in this particular instance, where a large number were ordered to be printed, bring this document to a very high price-far higher, indeed, than such printing is intrinsically worth; but there might be other documents which would be but fairly paid for at that rate, and others again which would be worth a great deal more; and the person who takes the hazard of printing either is as much entitled to the benefit, where it turns in his favor, as he would be bound to submit to the disadvantage, where it was against 'him. The risk of what he might be called upon to print under so comprehensive a description, was one of the things considered in proposing the price to be paid; but if he is held bound to print matter that subjects him to loss at that rate, and is not entitled to that rate when it brings him a profit, there is neither reason nor equity in the contract. When the document in question was ordered to be printed-in extent much beyond what had been looked for under the contract for that description of printing for the fifth class, and affording a large profit-the risk which the printer had incurred by his contract in regard to the matter to be printed under that part of the fifth class was thereby greatly dimin ished; he therefore consented that his charge for the work should be reg ulated by what, under all the circumstances, should be deemed reasona ble. And he agreed to relinquish a large portion—about two-thirds-of what it would amount to at the contract rates, in the confident hope that if upon other portions of his contract he sustained any losses, Congress would reimburse him the amount thus relinquished. He did not deem it just to himself, however, to reduce the charge to what the work would be worth if executed by him, or any other printer, as a separate and distinct job, independent of any contract. He was still subject to the risks of that contract in regard to all other matter which he might be required to print under it. He was also entitled to consider, and was bound to consider, and did consider, that in the execution of all his contracts, taken as a whole, he would probably be a loser; and he had an equitable as well as a legal right to make up, by his profits on the job in question, what he was certain to lose on others. This is a principle which prevails in all such contracts. And he respectfully submits, that the question to be considered on this occasion is, not what is the intrinsic worth of this document, but what the printer is legally entitled to receive for it under his contract. Upon this question, he considers the views here presented as conclusive. Before leaving this part of the subject, it may be pertinent to remark here, that the profits which the printer received for the "Opinions" do not equal the loss which he has sustained in printing two of the documents of the present session-an assertion which can be substantiated by the evidence of several practical men; and, moreover, that it is now well ascertained that upon all his contracts taken together the Senate printer will be a considerable loser, even if the full amount which he claimed for the "Opinions" should be awarded to him. At the time when the Senate printer consented to limit his charge for the document in question to $12,500, it was uncertain what would be the extent of the work: it was supposed by some, indeed, that the number of pages might amount to twice as many as they afterwards proved to be. This was a risk the Senate printer had then to meet. When the work was done, therefore, he did not consider himself at all bound to give up any portion of the sum to which he had limited his charge, and to which he had given himself an additional claim by the new risk he had run. Having relinquished a large portion of what he would have been entitled to under a strict construction of the contract, he was every way entitled to what he might claim under its modified form. Having now stated fully and fairly the reasons upon which he based his claim, and on which it was allowed, the undersigned begs to state, that he has examined the contract of his predecessors on this part (C) of the fifth class, (Messrs. Tippin & Streeper,) and finds, that had the Senate ordered the "Opinions" to be printed on the 3d of March, instead of the 20th, those gentlemen would have been entitled to receive for the same $8,391 12-and this without the shadow of a doubt. This, it is true, is somewhat less than the undersigned received for the same; but it goes to show what has been heretofore said as to the unfairness of picking out a particular document on account of its exorbitant price, without taking into consideration the losses incurred upon other portions of the work. Had T. & S. been fortunate enough to procure the printing of this job, it would have but barely indemnified them for what they had sunk on their contract; but they did not succeed, and were left, after two years' hard service, to suffer a loss of several thousand dollars. Having thus established, as he thinks he has, his right both in law and equity, and having shown that, by reducing the amount which he might in strictness have claimed, he is desirous to act with perfect fairness in the matter, the undersigned begs leave finally to state First. That the clause in the contract under which this job was done is the only profitable clause in the whole contract, as sad experience proves. Secondly. That this is the only job that has been done under this clause of the contract. Thirdly. That all the other clauses are seriously severe and losing ones. In conclusion, he proposes that if Congress should, in its wisdom and justice, think fit to grant more liberal terms for work done during this session, whether to serve the public interests by expediting the execution of the public work, or from any regard to the suffering interests of the contractor, he is willing that this job, though lawfully done under the contract and now paid for, should be thrown with the rest of the work, and placed on the same footing; and the excess received by him be admitted as a charge against him in the settlement of his accounts. All which is respectfully submitted. SIR: In answer to your letter of yesterday, I have the honor to state that the reasons which governed the late Clerk of the House of Representatives (Mr. Campbell) and myself in allowing the charge for printing the document referred to, are substantially the same as those presented in Mr. Belt's communication in support of the charge. I have the honor to be, sir, your obedient servant, The Hon. SOLON BORLAND, ASBURY DICKINS, Chairman of the Committee on Printing, Senate. The Committee on Pensions, to whom was referred the petition of Frederick Dixon, beg leave to report: That the petitioner sets forth in his petition that he has received several hurts and wounds while serving his country in the northwest, in the war of 1812, and in subsequent wars with the Indians; and although he does not furnish sufficient proof to warrant the proper department in placing him on the pension list, the committee are satisfied, from the personal knowledge which senators from lowa and Wisconsin have of the petitioner, and of his services, sacrifices, and wounds, that he is a proper subject for the national bounty. They therefore report a bill for his relief. |
