A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
On the other hand, the construction of five ships of great speed,
and sufficiently strong for war purposes, and the services of passed
midshipmen on board of them, so as thus to augment the contingent force
and the actual efficiency of the Navy, were among the inducements of the
Government to enter into the contract.
The act of July 21, 1852, provides "that it shall be in the power of
Congress at any time after the 31st day of December, 1854, to terminate
the arrangement for the additional allowance herein provided for upon
giving six months' notice;" and it will be seen that, with the exception
of the six additional trips required by the act of July 21, 1852, there
has been no departure from the original engagement but to relieve
the contractors from obligation, and yet by the act last named the
compensation was increased from $385,000 to $858,000, with no other
protection to the public interests provided than the right which
Congress reserved to itself to terminate the contract, so far as this
increased compensation was concerned, after six months' notice. This
last provision, certainly a primary consideration for the more generous
action of the Government, the present bill proposes to repeal, so as to
leave Congress no power to terminate the new arrangement.
To this repeal the objections are, in my mind, insuperable, because in
terms it deprives the United States of all future discretion as to the
increased service and compensation, whatever changes may occur in the
art of navigation, its expenses, or the policy and political condition
of the country. The gravity of this objection is enhanced by other
considerations. While the contractors are to be paid a compensation
nearly double the rate of the original contract, they are exempted from
several of its conditions, which has the effect of adding still more to
that rate; while the further advantage is conceded to them of placing
their new privileges beyond the control even of Congress.
It will be regarded as a less serious objection than that already
stated, but one which should not be overlooked, that the privileges
bestowed upon the contractors are without corresponding advantages to
the Government, which receives no sufficient pecuniary or other return
for the immense outlay involved, which could obtain the same service of
other parties at less cost, and which, if the bill becomes a law, will
pay them a large amount of public money without adequate consideration;
that is, will in effect confer a gratuity whilst nominally making
provision for the transportation of the mails of the United States.
To provide for making a donation of such magnitude and to give to the
arrangement the character of permanence which this bill proposes would
be to deprive commercial enterprise of the benefits of free competition
and to establish a monopoly in violation of the soundest principles of
public policy and of doubtful compatibility with the Constitution.
Public-domain text, read in full here on John Shaqi.
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