and insert "delivered in Washington." In regard to payment, besides the sum of five thousand dollars to be paid on the completion and acceptance of the design, I shall require the additional sum of ten thousand dollars on the completion of the large model in plaster, when in readiness for the foundry. Therefore in line sixteenth for the word "model" read "design;" striking out all after that word and inserting "and ten thousand dollars on the completion of the model for the foundry." The remainder to be paid when the statue shall be ready for delivery. T. J. TREADWELL, H. K. BROWN. Brevet Lieutenant-Colonel, Recorder of the Commission, Washington, D. C. [4th inclosure.] ORDNANCE OFFICE, War Department, SIR: In answer to your letter of the 8th instant, relating to the terms of the informal contract for the equestrian statue to the late Lieut. Gen. Winfield Scott, I have to say that you have in some degree misinterpreted the intention of the commission as expressed in the draught of the contract submitted to you. It was not the intention, nor was it expected that you would be responsible for the pedestal, the putting it up, or its cost in any way; the terms "put in place" means simply put on the pedestal to be provided for it, and it was supposed that the superintendence and responsibility of the artist would be necessary in order to secure its being done in a proper manner. With respect to the duties of the commission they are very plainly expressed by the terms of the joint resolution and the order convening them. They have nothing to do with anything else. They propose to act with liberality toward you up to the extent of these terms, and have no disposition to place any bar upon you as to what you may conceive to be proper remuneration hereafter, over and above that named in the rese lution; with this they can properly have no interference, neither can they submit any unasked suggestions. It is presumable that the price named in the joint resolution designating you as the artist must have been founded upon some data, supplied by your self to the author of the resolution. With regard to the size of the group, the commis sion deferred to your better judgment and accepted the dimensions you gave. I satisfied, from a conversation with the president of the commission, as well as from the views expressed by its members at our late meeting, that they would not feel anthorized by their instructions or the terms of the resolution to insert in the contract submitted to you, after the words "twenty thousand dollars," "or such other sum as Congress, in its discretion, may see fit to award," &c., because it would be improper fo them to advise Congress on this point, in view of the fact that the resolution provides among other stipulations, "at a price not exceeding twenty thousand dollars," &c. I am satisfied, also, that the commission would not recommend the payments to be made as you propose, but will adhere to the terms they proposed. As before stated, the duties of the commission are specific: You must, if you undertake the work, do it on such terms as the commission are authorized to recommend ta be given to you. I doubt not that you will find that you are dealing with a liberal Government if you undertake the work, but you must take the risk. I submit agai the informal contract for your further consideration, which, if agreed to by you, I think the terms of it may be arranged at an early day. I am, very respectfully, your obedient servant, T. J. TREADWELL, Brevet Lieutenant-Colonel, Recorder. H. K. BROWN, Esq., [5th inclosure.] NEWBURGH, April 17, 187. DEAR SIR: Yours of the 12th instant, accompanying informal draught of contract for the erection of an equestrian statue of General Scott, is received. As the commission seem unwilling to adopt any of my suggestions in regard to the contract, I desire them to prepare one in accordance with their own views of right, and I will sign it, believing the Government will not allow me to suffer loss in the cer struction of this work. I have never doubted that I was dealing with" a liberal Government," but I should have been glad if I could have had the approval of the comm sion or the Secretary of War in appealing to it. There is one passage in your letter which it would be injustice to myself to pass over. You say, “It is presumable that the price named in the joint resolution designating you as the artist, must have been based upon some data supplied by yourself to the author of that resolution." So far is this from being true, that no correspondence or word ever passed between the author of that resolution or any other person and myself upon this subject, nor did I know that such an act was contemplated, until some time after the resolution had passed the House. The verbal statement which I made to you, to the effect that the cou mission for this work was given to me without any solicitation or knowledge, must have escaped your memory, or you could not have supposed that I was endeavoring to practice a fraud upon Government by naming one price as a basis for the action of Congress, and another to the commissioners who were appointed to carry out the resolution based upon it. The price of my work is not a matter of donbt or guess with me. My experience enables me to calculate the cost with some certainty, and I have never named but one price for this work. I should be sorry to be placed before Congress in the false light in which this places me before the commission, but I trust this statement will exonerate me from all charges of double-dealing. When in Washington a short time since, I called upon the Hon. John A. Bingham, of Ohio, the author of the resolution, and in a conversation with him upon this subject, I stated to him that the sum appropriated was entirely insufficient for a work of the maguitude suggested. His reply was in the following words as near as I can recolleet: "Congress had no idea the size this work ought to be, or its relative cost; go on with it, and when it is necessary, Congress will make further appropriation." And he suggested that there be inserted in the contract, after the words "twenty thousand dollars," "or such other sums," &c., the form of words which I submitted to the commission. I did not, therefore, think "it would be improper" to insert them. I cannot understand what objections the commission can have in recommending the payment to be made as I propose. It is customary, when the model is completed in plaster, for the artist to receive one-half of the whole amount to defray expenses of workmen, casting, &c., and at that time I shall need every dollar of the sum named in my last letter, to enable me to go on with the work. I here repeat, that if the commission will send me the formal contract, such an one as shall be satisfactory to themselves, I will accept it at their hands, and proceed with the work, in which I feel some pride and interest. Yours, very respectfully, T. J. TREADWELL, H. K. BROWN. Brevet Lieutenant-Colonel, Recorder of Commission, Washington, D. C. ORDNANCE OFFICE, WAR DEPARTMENT, SIR: Your letter of the 17th instant has been received. So soon as a full meeting of the commission can be had I will submit to them the correspondence for their consideration. I beg to assure you that none of the members of the commission entertain the thought that there was anything underhanded in the connection of your name with the amount named in the resolution, and that stated by you as necessary to compensate for a statue of definite size; nor is there any disposition to put you in a false light or position in this connection whatever. I will notify you of the result of our consultation as soon as possible. T. J. TREADWELL, Brevet Lieutenant-Colonel, Recorder. ORDNANCE OFFICE, WAR DEPARTMENT, SIR: I have the honor to submit for your consideration photographs of the design of Mr. H. K. Brown, of Newburgh, N. Y., the artist named in the resolution of Congress, approved March 2, 1867, to execute an equestrian statue of the late Lieut. Gen. Winfield Scott. The report of the commission, with accompanying papers, was submitted to the Secretary of War May 6. The design submitted by Mr. Brown meets the approval of the commission, but they recommend the following modifications: To omit the holsters, make the saddle-cloth after the regulation pattern, put the sash lower on the body so as to cover the lower button of the coat. Change the position of the bridle-arm, to make it more natural. Very respectfully, your obedient servant, T. J. TREADWELL, Brevet Lieutenant-Colonel, Recorder of the Commission. Gen. U. S. GRANT, Acting Secretary of War, Washington, D. C. The bill (H. R. 785) for the relief of the Sea-board and Roanoke Railroad Company. FEBRUARY 16, 1874.-Referred to the Committee on Military Affairs and ordered to be printed. WAR DEPARTMENT, The Secretary of War has the honor to transmit herewith to the House of Representatives, in reply to a communication from the Committee on War-Claims, House of Representatives, dated January 29, 1874, inclosing bill (H. R. 785) for the relief of the Sea-board and Roanoke Railroad Company, and requesting such information as may be shown by the records of the War Department in regard to the same, a copy of the report of the Quartermaster-General, dated February 10, 1874, together with copies of statements A and B, therein referred to, relative to the claim of the said Sea-board and Roanoke Railroad Com pany. WM. W. BELKNAP, QUARTERMASTER-GENERAL'S OFFICE, Washington, D. C., February 10, 1874. SIR: I have the honor to return herewith the letter from the clerk of the Committee on War Claims, dated January 29, 1874, with copy of House bill No. 785, "For the relief of the Sea-board and Roanoke Railroad Company," requesting that the "committee be furnished such information as may be shown by the records of the War Department in regard to the same; stating also whether or not claim has ever been made by the said railroad company for use of its road and rollingstock by the Government, and, if so, what has been the action of the Department on the same"-and to state that the Sea-board and Roanoke Railroad was captured from the rebels about the middle of May, 1862; that a portion of it (about 17 miles, from Portsmouth to Suf folk) was used, as circumstances required, until July 1, 1865, when the company was permitted to resume possession of it. A considerable quantity of railroad iron, railroad material, and rolling-stock was also captured and used by the United States until the close of the war, when such of it as had not been worn out, consumed, or laid upon other railroads, and could be fully identified as belonging to the company, was returned to it. The property captured, movable and immovable, as near as can now be ascertained, is shown by the accompanying statement, marked A. The movable property returned to the company is shown by the accompanying statement, marked B. About 13 miles of iron was removed from the line of this road, a portion of which was laid upon other roads in Virginia, which were used by the United States military authorities. This iron was left upon the roads where laid when they were restored to their former owners, the United States leaving all questions of ownership of such iron to be settled by the railroad companies amicably, or through the courts. Such of the iron remaining in possession of the military officers as had not been laid upon other roads, on being identified as belonging to this company, was returned to it. Claim was made by the railroad company in October, 1862, for com pensation for the use of the road, upon which I recommended to the Secretary of War, which recommendation was approved," that rent be not paid for the time which has elapsed," stating "that the road was cap tured by the arms of the United States, and has been stocked and run at the expense of the United States." I further recommended "that the gentlemen claiming to represent the company (Messrs. M. Robinson, W. L. Savage, G. R. Vickers, and N. Frazier) "be offered the opportunity to resume passession of the road upon paying the cost of the stock which has been put upon it by the United States, and binding themselves to operate the road at the prices which are paid for military transportation to the railroads generally, under the schedule agreed upon by the Railroad Convention," and Messrs. Robinson and Savage were informed of this action. I find no record of any assent on their part to these terms, and I conclude none was ever given, for the military authorities continued to operate the road as herein before stated. Neither do I find any record of any agreement or proposition of the railroad company to leave the road and appurtenances in the hands of the Government, claiming only suc compensation for its use as would be just and equitable. In 1864, claim was again made for the use of the road, and for prop erty belonging to it which the Government had converted to its ow: use; but no definite action was taken upon the claim. In 1865 the company asked the Government to furnish it iron rails. chains, spikes, cross-ties, &c., necessary to res-tore the road to its former usefulness and efficiency. Upon this request, in a report to the Secretary of War, I said: "I cannot recommend that other iron, &c., in possession of the United States, be delivered to this or any other railroad as compensation for that which, having been taken up during military operations, has been used or removed to other railroads. All such iron having been in pose session of the public enemy and captured, should be held as having become the property of the United States, at least so far as the War Department is concerned. To adopt any other rule, it seems to me. would lead to inextricable confusion and dispute." |