LAWRENCE J. GUTTER 
 
 Collection of Chicogoono 
 
 THE UNIVERSITY OF ILLINOIS 
 AT CHICAGO 
 
 The University Library 
 
33d CONGRESS, [HO. OF REPS.] Ex. Doc. 
 
 1st Session. No. 71. 
 
 CONTRACTS HARBORS AND RIVERS ON LAKE MICHI- 
 GAN. 
 
 MESSAGE 
 
 FROM THE 
 
 PRESIDENT OF THE UNITED STATES, 
 
 TRANSMITTING 
 
 Copies of contracts, 8fc.,for the improvement of harbors and rivers on Lake 
 
 Michigan. 
 
 
 
 MARCH 3, 1854. Referred to the Committee on Commerce. 
 
 To the Home of Representatives of the United States : 
 
 In compliance with the resolution of the House of Representatives of 
 the 23d January last, " that the President of the United States be re- 
 spectfully requested to furnish this House with copies of all contracts 
 made by, and correspondence subsequently with, the Chief of the Bu- 
 reau of Topographical Engineers, for furnishing materials of wood and 
 stone for improving the harbors and rivers on Lake Michigan, under 
 and by virtue of the act ' making appropriations for the improvement of 
 certain harbors and rivers,' approved August 30, 1852," I transmit a 
 letter of the Secretary of War, submitting a report of the colonel of 
 topographical engineers, enclosing copies of the contracts and corre- 
 spondence called for. 
 
 FRANKLIN PIERCE. 
 
 WASHINGTON, March 1, 1864. 
 
 WAR DEPARTMENT, WASHINGTON, 
 
 February 27, 1854. 
 
 SIR : I have the honor to acknowledge your reference to this depart- 
 ment of the resolution of the House of Representatives of the 23d ultimo, 
 "that the President of the United States be respectfully requested to 
 furnish this House with copies of all contracts made by, and correspond- 
 ence subsequently with, the Chief of the Bureau of Topographical En- 
 gineers, for furnishing materials of wood and stone for improving the 
 harbors and rivers on Lake Michigan, under and by virtue ot the act 
 
2 H. Doc. 71. 
 
 'making appropriations for the improvement of certain harbors and 
 rivers,' approved August 30, 1852," and respectfully submit a report of 
 the colonel of topographical engineers, with copies of the contracts 
 and correspondence called for by it. 
 
 Very respectfully, your obedient servant, 
 
 JEFFN. DAVIS, 
 
 Secretary of War. 
 
 To the PRESIDENT. 
 
 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, February 24, 1854. 
 
 SIR: I have the honor to acknowledge your direction to report upon 
 a resolution of the House of Representatives of the 23d January, 1854. 
 
 The resolution calls for copies of all contracts made by, and corre- 
 spondence subsequently with, the Chief of the Bureau of Topographical 
 Engineers, for furnishing materials of wood and stone for improving 
 the harbors and rivers on Lake Michigan, under and bv virtue of an 
 act making appropriations for the improvement of certain harbors and 
 rivers, approved August 30, 1852. 
 
 The only contracts known to this bureau which come within the 
 call of this resolution, are the contracts dated January 21, 1853, with 
 Calvin C. Parks, esq., of Waukegan ; the contracts dated March 8, 
 1853, with Sweet, Ives and Hawley, of Milwaukie; and the contract 
 of R. L. Phillips, esq., of New Buffalo, dated January 13, 1853. 
 
 Copies of these contracts, and of all the correspondence in relation 
 to them, are herewith submitted. 
 
 Respectfully, sir, } r our obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Topographical Engineers. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, September 23, 1853. 
 
 SIR: The applications and representations of Messrs. Sweet, Ives 
 and Hawley, having been submitted to the Secretary of the Depart- 
 ment of War, and having been revised by him, he has made the follow- 
 ing decision: 
 
 "As the order of July 12th applied strictly only to future receipts o* 
 materials, the materials delivered to and received by government 
 agents before that order reached them, will be paid for ; but I decline 
 to make any modification of that order, or the instructions given in 
 pursuance of it. 
 
 " JEFFERSON DAVIS, Secretary of War. 
 
 "WAR DEPARTMENT, September 23, 1853." 
 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 
 Colonel Corps Topographical Engineers. 
 Messrs. SWEET, IVES & HAWLEY, Milwaukie. 
 
H. Doc. 71. 3 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, September 2, 1S53. 
 
 SIR : In reference to the letters of the 24th and 26th August, from 
 Sweet, Ives & Hawley, I have the honor to report: 
 
 The only directions given by this office to the agents who were to 
 receive under the contract with Sweet, Ives & Hawley were those re- 
 ceived from the War Department, namely : " Tlje materials may be 
 received of the contractors at contract prices, if furnished in quantities 
 and at times to meet the demand of the work ; in default of this they 
 may be purchased in open market. July 11, 1853." 
 
 Finding some embarrassment in the minds of agents upon the fore- 
 going decision, a report of the 8th of August was submitted from this 
 bureau, which states: "My view of the decision of the honorable Secre- 
 tary is as follows : Contracts not being fulfilled were void and forfeited; 
 but as an indulgence to the contractors, they could deliver materials 
 (when wanted and as require.d,) for which they would be paid .at con- 
 tract prices. Materials so delivered would be in the form of a purchase 
 from contractors at contract prices. In default of such deliveries the 
 agent could purchase in open market from any one." Upon this re- 
 port was endorsed : " The understanding of my decision expressed by 
 Colonel Abert is correct. August 10." 
 
 If I understand Mr. Sweet's desire, (Sweet, Ives & Hawley,) it is to 
 have taken from them, and paid for by the United States, such materials 
 as they have on hand, and to continue to receive from them materials 
 on the same terms, (to the extent of quantities as stipulated in the con- 
 tract,) without reference to the conditions stated by the honorable Sec- 
 retary in his decision of the llth July, namely : "if furnished in quan- 
 tities and at times to meet the demand of the work ;" or, as explained 
 in the decision of the 10th August, the contractors could " deliver mate- 
 rials (when wanted and required,) for which they would be paid at 
 contract prices." 
 
 It is not in my power consistently to recommend an acquiescence to 
 the foregoing proposition ; but,' as the utmost limit, it is respectfully sug- 
 gested that such materials as the contractors had on hand and ready 
 tor delivery at the several stations at the time the decision of the llth 
 July was received, by each agent at each station or place, may be re- 
 ceived and paid for at contract prices, in the form of open purchase ; 
 provided such materials, on proper inspection, should be of the qualities 
 and kinds required, and as described in the contracts. 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Topographical Engineers. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, July 8, 1853.. 
 
 SIR: I have the honor to submit a letter from the agent, Carswell, of 
 Racine. It is not in my power to give directions in reference to his 
 
4 H. Doc. 71. 
 
 question about receiving materials from the contractor without author- 
 ity from the War Department. 
 
 In my opinion the contractor has failed, as the time of delivery is as 
 much an element of the contract as prices or materials. 
 
 The enclosed copy of a letter from the agent at Erie, Mr. Lints, 
 will inform the honorable Secretary of the effects of extending time to 
 contractors. It is therefore respectfully suggested 
 
 1. That the agent be allowed to receive such articles as shall have 
 been delivered (on the receipt of instructions to that effect,) and to pay 
 for the same according to contract prices and stipulations. 
 
 2. That, the contract being void by failure of the contractor, the 
 agent be authorized to procure other and additional articles, as wanted, 
 by open purchase, or by contracts or agreements made by himself. 
 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 
 Colonel Corps Topographical Engineers. 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 RACINE, WISCONSIN, 
 
 July 2, 1853. 
 
 SIR: On the 31st day of May I submitted to you a statement of the 
 condition of the harbor at this place, together with my views as to the 
 best mode of expending the means appropriated, to which communi- 
 cation I have received no reply. 
 
 I have to inform you that Mr. Parks, the contractor, had his iron all 
 ready for delivery by the 31st day of May, and stone enough to fill one 
 contract delivery by the 30th day of June. 
 
 He has also ready for delivery upwards of four hundred pieces of 
 oak timber, and I am informed that he has one hundred pieces more 
 shipped and now on the way here. As the time for delivery as per 
 contract has expired, you will please inform me with regard to receiv- 
 ing it or not. 
 
 You will also please send me the blanks necessary to be used in the 
 discharge of my duties. 
 
 Respectfully, your obedient servant, 
 
 J. A. CARSWELL, 
 U. 8. Agent, Racine, Wisconsin. 
 J. J. ABERT, 
 
 Col. Top. Engineer*. 
 
 NATIONAL HOTEL, WASHINGTON, 
 
 September 28, 1853. 
 
 On the 23d of October, 1852, notice was given for the receipt of 
 proposals for the delivery of materials for the building of harbors on 
 the shore of Lake Michigan, in Wisconsin and Illinois. Bids were to 
 be received until the 20th of December, 1852, and the time between 
 
H. Doc. 71. 5 
 
 
 
 the 20th of December, 1852, and the 7th of February, 1853, was con- 
 sumed in negotiating with other parties for the furnishing of the materials 
 wanted as per advertisement. 
 
 On the 7th day of February, 1853, the War Department addressed 
 me a note, of which the following is a true copy : 
 
 " Should Calvin C. Parks, esq., decline to take the contract for 
 materials at Waukegan, it will be offered to you, as the next lowest 
 bidder. Please inform me, without delay, whether you will accept it 
 or not. 
 
 " J. J. ABERT, Col. Top. Engineers.'' 
 
 Said letter was mailed to me at Milwaukie, Wisconsin, the place of 
 my residence, where it arrived on the 14th of February, and was 
 remailed there, and directed to me in this city, where I received it on 
 or about the 20th day of February. To this letter I replied immediately, 
 that we (Sweet, Ives and Hawley) would take the contract. 
 
 A notice to the same purport was received, and answer returned, 
 in relation to the contract for furnishing materials for Milwaukie, She- 
 boygan, and Manitowoc harbors, all in the State of Wisconsin, which 
 had been assigned to one William F. Chittenden, of the State of Michi- 
 gan, which he declined to execute. 
 
 I called upon. Col. Abert about the same time, and inquired as to 
 the time when the contracts would be in readiness to execute. He 
 replied that his clerks were very busy, and it would require a few 
 days to prepare them, but that he would give me notice when they 
 were ready. 
 
 I was in Col. Abert's office several times, and talked with him con- 
 cerning the result of the Waukegan contract. 
 
 On the 4th day of April I received, through, the post office in this 
 city, a letter from Col. Abert, of which the following is a true copy. 
 
 " SIR : I have received your letter of the 2d instant. It was intended 
 to offer the contract for Waukegan to the next lowest bidder in case 
 Mr. Parks declined, as he had intimated an intention to do. But he has 
 declined too late for such a purpose, as no' successor could fulfil the 
 contract, the period for first delivery, according to advertisement, 
 having passed by. You were therefore informed, when in the office 
 yesterday, that as times of delivery must be altered, different prices 
 would follow, and new advertisements would have to be made before 
 contracts could be made. On these accounts I did not intend to ad- 
 vertise for new proposals, but would obtain materials as wanted, and, 
 as heretofore, by purchase. In reference to the principle of reducing 
 the quantities of materials of a contract, you were informed in a letter 
 dated 26th February. You are no doubt informed of the right reserved 
 by the department to reduce quantities, (but not prices,) so as to bring 
 the aggregate othe contract below the appropriations, and to leave 
 means for the preservation and using of the materials to be supplied 
 under the contracts. There is no objection, on my part, to your appeal 
 to the War Department on these matters, against the action of the 
 bureau, as you intimated. Allow me to add that your letters are rather 
 premature, as we have no contracts in this office with Sweet, Ives and 
 Hawley. These parties have not yet signed and returned the contracts 
 
6 H. Do< 71. 
 
 which were sent leathern ; nncl a note from the chief clerk of this office 
 (of about the llth or 12th of March,) directed to you, and inviting you 
 to call at this office and execute the contracts, has not been attended to. 
 
 " J. J. ABERT, Col. Top. Engineers." 
 
 On receiving this letter, I immediately went to the post office in this 
 city, and showed the postmaster the same, and requested him to search 
 for the "note" referred to as having been directed to me "about the 
 llth or 12th of March," by the chief clerk of the Topographical 
 Bureau. On search, he found the "note," which had been in the post 
 office about twenty-three days, during which time I had daily called 
 at the post office and inquired for letters. The postmaster was made 
 satisfied, on the representations of his clerks, of whom I had made 
 daily inquiries for letters, that I had made such frequent inquiries; 
 and thereupon he wrote to Colonel Abert that it was not my fault, but 
 the fault of the post office, that I had not duly received said "note" 
 (above referred to) from the chief clerk of the Topographical Bureau. 
 
 On inquiring of Colonel Abert for the contracts above referred to, I 
 was informed by him that they had been forwarded to Milwaukie, 
 Wisconsin, the place of my residence. On their arrival in Milwaukie, 
 my agent in that city immediately despatched them, by a special mes- 
 'senger, to me in this city, (Washington,) where he aYrived with them 
 on the 7th day of April, and on the 8th (the day following) the con- 
 tracts were fully executed. But, previous to executing the contracts, I 
 declined signing them, for the reason that the time for the first delivery 
 of materials had passed by, (on the 30th of March,) and for the further 
 reason that, by the time we could arrive in Wisconsin, where the work 
 was to be performed and the materials delivered, the second delivery 
 of materials would be due, (on the 30th of April.). Colonel Abert, 
 however, informed me that they should be obliged to "tamper with the 
 time for delivery;" that it would be necessary to close the matter by a 
 purchase of the materials from the contractors, at contract prices, 
 without reference particularly to the contract, and thus avoid going 
 over the whole ground again. With this understanding, I signed the 
 contract in good faith, and entered upon immediate arrangements for 
 preparing and furnishing the materials. But, on or about the 1st of 
 July, I was not a little surprised when I was notified by the disbursing 
 agents at the different points at which the materials were to be deliv- 
 ered, that they were instructed by the Topographical Bureau not to 
 receive any materials whatever, except in strict accordance with the 
 letter of the contracts. 
 
 I immediately wrote to Colonel Abert, setting forth the facts that I 
 had a large amount of the materials (timber, stone, lumber, and iron) 
 on the ground and ready for delivery, which the agent refused to 
 receive, in pursuance of orders from the Topographical Bureau ; and 
 that I hoped he would, without further delay, give such instructions to 
 the different agents as would enable me to deliver the property and 
 receive the money for the same, and thereby relieve me of embarrass- 
 ments consequent upon the transaction. He accordingly sent a circular 
 letter to the different agents, of which the following is a copy : 
 
H. Doc. 71. 7 
 
 " The materials may be received of the contractors at contract 
 prices, if furnished in quantities and at times to meet the demands of 
 the work. In default of this, they may be purchased in open market. 
 
 " JEFFN. DAVIS, Secretary of War. 
 
 "My 11, 1853." 
 
 Upon the receipt of the above instructions, the agents still further 
 refused to receive and pay for the materials, and wrote for an expla- 
 nation of the instructions of the Secretary of War; whether it was 
 intended that it was imperative on them to receive the materials and 
 pay for them, or only discretionary. In reply to which, Col. Abert 
 sent them a circular letter, of which the following is a copy : 
 
 " Contracts not being fulfilled, were void and forfeited; but, as an 
 indulgence to contractors, they could deliver materials, (when wanted 
 and as required,) for which they would be paid contract prices. Mate- 
 rials so delivered, would be in the form of a purchase from contractors 
 at contract prices. In default of such delivery, the agent could pur- 
 chase in open market, of any one. 
 
 " J. J. ABERT, Col. Top. Engineers. 
 
 "August 8, 1853." 
 
 As the representative of the contractors, duly authorized to speak 
 for them, all that I now desire is, that the government will carry out 
 and fulfil its engagements, by receiving and paying for the materials on 
 the ground ready for delivery. If the government desires the balance of 
 the ma'erials contracted to be delivered, we are ready to fulfil on our 
 part; but if the government desires to be released from its engage- 
 ments so far as relates to the balance of materials, (not now ready for 
 delivery, but which are in a state of forwardness,) then we are willing 
 so to release it. But, for the materials now on the ground and ready 
 for delivery, we feel that we are fully warranted in insisting that we 
 are entitled to payment, without further delay ; and we beg leave to 
 add, that further delay would be ruinous to the contractors. 
 
 It will be observed that the government had entered into a contract, 
 in which it wa's stipulated that certain materials should be furnished, 
 at a time which had already transpired, with the understanding, on the 
 part of the contractors, that if the materials were furnished in time to 
 meet the demands of the several works upon which the materials were 
 to be used, they would be received and paid for at contract prices. * 
 
 The circular letter of the Secretary of War, above referred to, (of 
 July 11, 1853,) seems to be in accordance with the spirit of the trans- 
 action as understood at the time. 
 
 The materials above referred to, as on the ground and ready for * 
 delivery, were furnished in time to meet the demands of the several 
 works upon which they were to be used, and in no instance have these 
 works been delayed for want of said materials, which fully appears 
 from the reason now assigned by the agents for not.receiving the ma- 
 terials and paying for them ; which is, that they are not yet wanted. But 
 they say that when they are so wanted, they will then give us notice 
 of the same, and receive and pay for them. It will be remembered 
 that the reason previously assigned (on or about the 1st of July) why 
 
8 H. Doc. 71. 
 
 the materials were not received, was, that they were not ready for 
 delivery at the time specified in the contracts. 
 
 In view of the foregoing statement of facts, the question arises, if the 
 materials were wanted at the time they were ordered and contracted 
 for they not having been supplied from other sources why are they 
 not now wanted? 
 
 I have the honor to be, your obedient servants, 
 
 SWEET, IVES & HAWLEY. 
 By ALANSON SWEET. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 WASHINGTON, April 2, 1853. 
 
 SIR : I inferred from your conversation with me on yesterday that 
 it is now your intention to withhold from me and my associates (Messrs. 
 Ives and Hawley) the privilege of furnishing the materials for Wauke- 
 gan, according to the contract offered by you to us by your note of 7th 
 of February last, and accepted by my note in reply thereto. 
 
 Will you be kind enough to inform me whether, in this, I was cor- 
 rect ; and also what action you intend to take in relation to the con- 
 tract. 
 
 When Mr. Parks declined to take it, as provided in your note of 7th 
 of February, I supposed that the contract between us and the govern- 
 ment was complete, and that nothing remained but to perform it. 
 
 If you decline to give us the work, I must beg that the whole sub- 
 ject, with all the papers, be referred to the War Department for further 
 action in our behalf, or for its decision, at least, as to whether we are 
 not entitled to the contract. 
 
 Your obedient servant, 
 
 ALANSON SWEET, 
 For SWEET, IVES & HAWLEY. 
 
 Col. J. J. ABERT, 
 
 Chief Topographical Bureau, Washington. 
 
 MILWAUKIE, Av gust 9, 1853. 
 
 DEAR SIR : The stone for the harbor for Milwaukie I purchased of 
 a Mr. Jones ; they were measured, by agreement between myself and 
 Mr. Jones, by disinterested parties, and 1 paid for them according to 
 such measurement being 400J cords. I called upon Mr. Gunnison 
 to accompany the parties while they were taking the measurement, 
 that he might satisfy himself with the measurement, and that the stone 
 reported were all there. He refused to accompany the parties meas- 
 uring, or even to notice the pile of stone, or to have anything to do in 
 the matter. This was, I think, on one of the two last days of June 
 last. A few days since I called upon Mr. G. to measure the stone, 
 and give a certificate as per instructions from your department. He 
 
H. Doc. 71. 9 
 
 treated me in a manner that may be considered anything but pleasant, 
 telling me that he would go and measure the stone when he Ivad convenient 
 time. I requested him to give me notice of the time when he would 
 measure the stone, that I might be present, stating where a note to 
 that effect would find me, and the place indicated being not more 
 than four hundred feet from his office. He went on to measure the 
 stone a few days after, privately, or without giving me any notice of 
 his intention so to do, and, to my surprise, made the measurement fall 
 short of the amount for which I had paid, nearly 25 per cent. I was 
 not present at the time the stone were, measured for Mr. Jones, as 
 before stated, and I have been this morning and examined the pile of 
 stone, and I am satisfied that this deficiency grows out of the conspiracy 
 against me, to which I alluded in a letter to you on or about the 27th 
 of June last; and I now wish you would appoint some parties here 
 the expense of which I will pay to measure this pile of stone. I 
 would be perfectly willing to have the Hon. J. P. Walker, of the 
 United States Senate, appointed as one ; this would throw the respon- 
 sibility upon him, he being a strong advocate, as you know, for the 
 "straight cut" for the Milwaukie harbor. The difference in measure- 
 ment amounts to nearly $800 too much for me to lose. I have written 
 to Mr. Geo. Harrington in regard to this matter, who will call upon 
 you. 
 
 I have the honor to be, your obedient servant, 
 
 ALANSON SWEET. 
 
 Col. J. J. ABERT. 
 
 MILWAUKIE, June 27, 1853. 
 
 DEAR SIR : On my return from Red river, on the 25th of May last, 
 I found Messrs. Ives and Haw ley, contractors with me for materials for 
 harbors on Lake Michigan, at this place. They gave me to understand 
 that the weather had been so wet and bad, and so much mud, it was very 
 difficult to haul timber, and therefore they had been unable to comply 
 with the first and second deliveries. However, they said, if I could make 
 such arrangements as would furnish them with the necessary means, 
 they could " fetch up" by the first of July. I complied with their re- 
 quest, and placed to their credit unlimited means to be used for that 
 purpose. 
 
 Becoming a little alarmed during the last week, I have been to the 
 different points and places of delivery. I find from ten to twelve thou- 
 sand dollars invested all round, but not materials enough yet to fulfil 
 the contract, and I am therefore entirely at your mercy. I do not pre- 
 tend that I am not in fault for the non-fulfilment ; it is my fault for be- 
 ing connected with men of this stamp, who had not the necessary 
 energy, and not yours ; therefore I have only to plead " guilty" gen- 
 erally, and beg your indulgence. 
 
 We have at Waukegan some stone delivered ; we have also timber 
 to some extent on the lake shore, ready to raft to the same. point ; yet I 
 must acknowledge that the place has been treated with some consid- 
 erable negligence, and there is not as much " material" on hand as there 
 
10 II. Doc. 71. 
 
 should be for the amount of money used at that point. But there is 
 some excuse for the neglect, it being so difficult to obtain good men and 
 teams to do the necessary labor. Mr. Gamble, the superintendent, tells 
 me that it is the worst place to get anything done that he was ever lo- 
 cated in. 
 
 As to Milwaukie, we have the full amount of stone delivered ; the 
 timber is nearly all upon the beach of the lake, within a few miles of 
 the harbor, north and south, and the balance up the river some eight 
 miles, nearly ready to be rafted. At Sheboygan, the stone are all de- 
 livered, and a good portion of the timber ; I cannot state exactly the 
 amount. What is not delivered is hewed and rapidly being hewn, 
 within a few miles of the harbor. At Manitowoc, the bad state of the 
 roads and the country generally, on account of the wet, has prevented 
 the delivery of any great amount of " material ;" but it is all prepared 
 and being prepared within a few miles some to be rafted and some 
 to be hauled. The stone are all picked up and hauled to the road-side 
 about four miles from the harbor, ready to be forwarded as soon as the 
 roads will permit ; some are being hauled now. The lumber, I think, 
 will be feady at Manitowoc, Sheboygan, and the other two places, with- 
 in a few days. 
 
 The iron I ordered myself at Pittsburg: they showed me samples; 
 and it is to be of the best quality good enough for anything. But it 
 had to be manufactured expressly for the purpose, on account of length. 
 The bills of lading have been received and the iron paid for, and I hope 
 it will be on the ground at the time, but it may be behind a few days. 
 
 Now, sir, what I wish to ask at your hands is, that I may be permit- 
 ted to go on and deliver the materials that we have now on hand at the 
 different places, as well as the balance that is near by, and designed for 
 the contract; and, if possibly consistent with your duty to the depart- 
 ment, you will allow me to finish up the contracts in full, either by 
 purchase from me or otherwise. I have induced my friends to make 
 pretty heavy advances, and my object is to save them if possible. It 
 all depends now upon what you can do for me. 
 
 Within the last twenty-four hours I have been advised of a conspi- 
 racy going on in this city against me, in relation to the "material" for 
 this place, and it may extend further; that is to say, the old "clique" 
 here, that have always been abusing you and, for the reason that I had 
 dared to speak favorably, and thereby endorsing your acts, have also 
 meted out to me no small measure of abuse a re now conspiring to pre- 
 vent your purchasing or taking the stone and timber, or either, on the 
 contract or otherwise. The plan is to prevent the sub-contractors, who 
 have furnished the property at the different points, and particularly at 
 this place, from letting us have it on the payment of the money, as is 
 provided for in our contracts with them, (the sub- contractors ;) and after 
 our contract with the department is forfeited, they step in and sell the 
 same materials to the government at an advanced price from their con- 
 tracts with us, and of course greatly to our injury. 
 
 I am disposed to think that your agent here is not wholly ignorant of 
 this matter; yet I may be wrong. Now what I desire is, that if you 
 please, you will give such instructions to your agent, Mr. Gunnison, as 
 will prevent this fraud. It may be said that we must rely upon our 
 
 " 
 
H. Doc. 71. 11 
 
 contracts with these sub-contractors; but these men are irresponsible; 
 and, without your aid, I fear that I shall be seriously injured, and the 
 injury come really from our common enemy. 
 
 Since the foregoing was written, I have had an interview with Mr. 
 Gunnison, and am fully satisfied that the foregoing suggestions are true, 
 and that he is privy to the same, although I have no tangible evidence 
 at present. 
 
 Nothing but your interference in preventing Mr. Gunnison from buy- 
 ing the timber and stone that were got out for me from these parties, 
 will save me; for the moment they find that they cannot sell to Mr. G., 
 they will be willing to take pay of me, according to contract, and de- 
 liver the property. 
 
 Enclosed herewith you will find a power of attorney to Mr. Blossom 
 (who hts made the advances) to receive the payments. 
 
 I have written to Mr. Harrington to call on you in relation to this 
 matter. 
 
 Now, my dear sir, all is in your hands. Inasmuch as there cannot 
 be much done here, and at the point north of this place, this season, 
 would you not be justified in letting me go on with the contracts? 
 Yours, with great respect, 
 
 ALANSON SWEET. 
 
 Col. J. J. ABERT. 
 
 MILWAUKIE, WISCONSIN, 
 
 August 23, 1S53. 
 
 DEAR SIR: Yours of the 15th is received and contents noted; in 
 which you say that Mr. Gunnison, the agent of this office at Milwaukie, 
 will be instructed to pay for the materials as a purchase from Sweet, 
 Ives & Hawle^y, without regard to the contracts, except so far as the 
 prices of the materials are concerned. 
 
 In your letter of instruction of the 15th you say to Mr. Gunnison that 
 the materials are to be received as a purchase -from the contractors, 
 without regard to the contracts, except as to the price for which they 
 are to be furnished, which Mr. Gunnison has received; but yours of 
 the 12th instructs Mr. G. to receive, or, in your words, "as an indul- 
 gence to the contractors, they could deliver materials, when wanted 
 and as required, for which they would be paid at contract prices." 
 
 This letter Mr. Gunnison construes to mean and read that he shall not 
 receive nor pay for any of the materials tendered to him by the con- 
 tractors until the time they are wanted to be used in the work. I think 
 this construction is very much strained ; and I further think that you 
 intended to have the materials received when tendered, and paid ibr ; 
 but, if we are to wait for the receipt and payments until they are 
 wanted to put into the work, in all human probability we shall have to 
 wait till June next. This would be ruinous to the contractors. 
 
 Now, my dear sir, I hope you will look at the case of the contractors 
 without delay, and so order Mr. Gunnison at this place, that he will 
 receive and pay for the property now ready for delivery without further 
 delay or equivocation on his part. As I have intimated to you before, 
 
12 H. Doc. 71. 
 
 I fully understand why Mr. G. causes this delay, and out of which 
 serious embarrassments are falling upon the contractors, and will ope- 
 rate ruinously upon us if we cannot get our money. I hope you will 
 consider our case favorably and at once. 
 
 Yours, with great respect, 
 
 SWEET, IVES & HAWLEY, 
 By ALANSON SWEET. 
 Col. J. J. ABERT. 
 
 NOTE. The six thousand dollars you have sent Mr. Gunnison is now 
 deposited in a little bank in this city, which, according to their report, 
 is more than half the money they have on hand, and (you can under- 
 stand) would cripple them seriously if drawn out. It was deposited 
 there for the reason that the parties owning the bank went hisecurity 
 to your department. 
 
 A. SWEET. 
 
 MILWAUKIE, August 24, 1853. 
 
 DEAR SIR : To my surprise I received a note this morning from She- 
 boygan informing me that Mr. Newland, your agent at Sheboygan; 
 interprets your letter of instruction of the 12th instant to mean that he 
 shall not receive or pay for any materials from the contractors, Sweet, 
 Ives & Hawley, until they are actually wanted and necessary to be 
 placed in the work, which, in all human probability, would prevent us 
 from realizing our money for the materials till some time next summer. 
 If this should be so, the delay will prevent us from furnishing any mate- 
 rials whatever, as the property we are providing, and have provided, 
 will have to be sold at sheriffs sale, or otherwise, that we may realize 
 means to meet our liabilities. We cannot think for a moment that you 
 would allow us to suffer in that way; and we think it was the intention 
 of the Secretary of War, in his letter of instructions of the 12th of July, 
 to receive and pay for the property as fast as we could deliver it. 
 Will you look to this matter at once, and by so doing relieve us from 
 embarrassments that are really injuring us now, and from which we 
 cannot extricate ourselves without your aid ? 
 Yours, with great respect, 
 
 SWEET, IVES & HAWLEY, 
 By ALANSON SWEET. 
 
 Col. J. J. ABERT. 
 
 MILWAUKIE, August 26, 1853. 
 
 SIR : I wrote you a few days since in reference to our contract for 
 materials for harbors on the western shore of Lake Michigan ; but, 
 from facts which have come to light since, I deem it not improper to 
 address you again. 
 
 It appears that Captain Webster, now in Chicago, has been made 
 general superintendent of all the works in which we are engaged. 
 
H. Doc. 71. 13 
 
 Mr. Hawley, one of the contractors, has, ju*t returned from Chicago, 
 where he had an interview with Captain Webster to ascertain what we 
 could rely upon for the receipt of, and payment for, the materials fur- 
 nished and now on hand, when we learned from Captain Webster that 
 it was the design of himself and the agents and that they are endeavor- 
 ing to prevent us from receiving pay for the materials at contract prices 
 as decided in the Secretary of War's letter of the 12th of July to the 
 different agents to force us to sell our materials to Captain Webster, 
 or agents here, at such price or prices as might be agreed upon by 
 Captain Webster and ourselves. 
 
 1 had mistrusted that this conspiracy was going on for the last month, 
 but had no means of coming at the facts until the proposition was made 
 by Captain Webster to Hawley to that effect. 
 
 Now, sir, as we have intimated before to you, we have gone on in 
 good faith and procured a large amount of material at the different 
 points, and have become involved in so doing by taking from banks, on 
 short time, means to acomplish the object ; that paper is now due, and 
 becoming due, to a very large arqount. 
 
 Captain Webster and those operating with him will understand this 
 matter, and they can act with great certainty. They can procure the 
 materials that we have furnished for less money than the contract price, 
 for the reason that, if we are left to their mercy, we must sell to them 
 at such price as they think proper to set upon our property, or we must 
 suffer it to be sold at sheriff's sale ; and, in that case, there are no parties 
 in this country that want that kind of property ; hence it must go at 
 whatever price Captain Webster deems proper to pay, if your depart- 
 ment allows him to carry out his project, or allow his associate to 
 do so. 
 
 Sir, we cannot for a moment think that you will allow us to be sacri- 
 ficed in this way. We think that the letter of the Secretary of War 
 of the 12th of July last contemplated a different state of things, and 
 that he intended that we should receive pay for materials already de- 
 livered, and all that should be delivered, as fast as wanted ; but, if not 
 delivered as fast as wanted, then the materials to be bought in open 
 market ; and, with this view, we have been acting in good faith, and 
 have become involved to a considerable amount, since, in labor and in 
 procuring the materials requisite, but have not been able, as yet, to 
 obtain the first dollar from government to aid us in the matter. We 
 sincerely think and hope that, as soon as you are aware of this state of 
 things, you will issue such orders as will relieve us from our present 
 embarrassment ; and, if it is the design of your department not to take 
 the balance of the materials referred to in the letter of the Secretary of 
 War of the 12th of July last to the different agencies, you will cer- 
 tainly advise us, that we may discontinue our labor, and consequent 
 further embarrassment in the matter. 
 With gr%at respect, yours, 
 
 SWEET, IVES & HAWLEY, 
 By ALANSON SWEET. 
 Hon. J. J. ABERT, 
 
 Colonel Corps Topographical Engineers. 
 
14 H. Doc. 71. 
 
 MILWAUKIE, August 24, 1853. 
 
 SIR : I find, on going to Sheboygan to get the materials at that place 
 received, and to realize the money lor the same, that Colonel Abert has 
 ordered all the agents with whom we are dealing to receive none of the 
 property until the same is wanted to be placed in the work, as } T OU 
 will see by the following copy of a clause of his letter of the 12th in- 
 stant: " Contracts not being fulfilled are void and forfeited; but as an 
 indulgence to the contractors, they could deliver materials, (when 
 wanted and 'as required) for which they would be paid at contract 
 prices." 
 
 This course certainly is unfair, as the contractors are not able to lay 
 out of the use of their money. The money is invariably obtained from 
 banks, and on short lime, and the materials may not be used for years, 
 and some of them never; yet, by your very indulgent decision on the 
 12th of July last, the contractors were encouraged to go on and make 
 further investments in materials, and are now at work delivering mate- 
 rials, which they would not do if they supposed they were not certain 
 of the government's taking and paying for the same. If the order of 
 Colonel Abert is sustained the property will be sold at sheriff's sale, 
 and the contractors totally ruined. Will you, sir, notice this matter ? 
 With great respect, yours, 
 
 SWEET, IVES & HAWLEY, 
 By ALANSON SWEET. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 WASHINGTON, September 19, 1853. 
 
 SIR : There having been some misunderstanding as*to the meaning 
 and intentions of the department by its decision of the 12th July last, in 
 relation to the materials required for harbor improvements on the north 
 western lakes, and feeling desiious of meeting the views of the depart- 
 ment so far as possible, we have the honor to submit for decision the 
 following questions, viz : 
 
 1. Shall not the timber and other materials which have been delivered 
 and receipted for by the government agent be forthwith paid for? 
 
 2. Shall not the timber and other materials (iron, &Q.) which are 
 upon the spot, ready for formal delivery, be forthwith inspected, and if 
 accepted, be at once paid for ; most of which were ready for inspection 
 before the 12th July last, the date of your decision referred to? 
 
 3. Will the materials now being prepared be inspected, received, 
 and paid for on delivery at the proper points, on notice thereof being 
 given to the government agent ? 
 
 4. Shall we proceed with despatch to prepare tnd deliver the bal- 
 ance of the materials of all descriptions as called for in the contract ; 
 and will they be inspected, received, and paid for on notice of such de- 
 livery being given to the agent, provided they shall be delivered as fast 
 as the works actually require? 
 
H. Doe. 71. 15 
 
 
 
 We would add that, under the decision of the 12th July, we pro- 
 ceeded in good faith to prepare and deliver additional materials, upon 
 the supposition that the intention of the honorable Secretary of War was 
 to have received and paid for, at contract prices, all materials deliv- 
 ered prior to such being required for use. We are very desirous that 
 the money shall be forthwith paid for all materials receipted for or 
 ready to be inspected at the date of that decision of the 12th July ; any 
 further delay will be ruinous to us. We are ready to proceed with the 
 balance if the department s desires. We beg the department to in- 
 struct its agent to pay us at once for that receipted for, and also that 
 ready to be inspected ; and we await its decision on the other proposi- 
 tions. 
 
 If you do not feel authorized to give an affirmative decision to our 
 various propositions herein submitted, we respectfully request a refer- 
 ence to the jjpnorable Secretary of War. 
 
 We are, most respectfully, your obedient servants, 
 
 SWEET, 1VES & HAWLEY, 
 By ALANSON SWEET. 
 
 Col. J. J. ABERT, 
 
 Chief of Topographical Engineers. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, September 21, 1853. 
 
 SIR: I have the honor to submit to the consideration and decision of 
 the honorable Secretary of War, a letter from feweet, Ives & Hawley, 
 of the 19th September. 
 
 This letter embraces the following propositions : As a preliminary 
 remark, I will state that, the contract being void because of non-fulfil- 
 ment, these propositions embrace certain indulgencies to the contrac- 
 tors, to which they make claim on the ground of preliminary expenses 
 and labor, in efforts to fulfil the contract. 
 
 1st proposition: " Shall not the timber and other materials which 
 have been delivered and receipted for by the government agent be 
 forthwith paid for?" 
 
 The government agent had no right to receive and receipt for ma- 
 terials, except under the contract. To that extent namely, for timber 
 and other materials received under the contract the proposition is not 
 objectionable ; but for materials which have been received not under 
 the contract, I cannot vary from the recommendation in the report from 
 this office of the 2d September instant. 
 
 2d. " Shall not the timber and other materials (iron, &c.) which are 
 upon the spot, ready for formal delivery, be forthwith inspected, and, if 
 accepted, be at once paid for ; most of which was ready for inspection 
 before the 12th July last, the date of your decision referred to?" 
 
 Cannot recommend any decision involving more than is stated in my 
 report of 2d September instant. 
 
 3d. " Will the materials now being prepared be inspected, received, 
 and paid for on delivery at the proper points, on notice thereof being 
 iven to the government agent?" 
 
16 H. Doc. 71. 
 
 I think not, unless the government agent wanting said materials shall 
 make demand for the same in writing, giving (ten days) notice, stating 
 kinds and qualities. On default of delivery under such notice, govern- 
 ment agent to buy of any one. In all cases, materials to be rigidly 
 inspected. 
 
 4th. " Shall we proceed with despatch to prepare and deliver the 
 balance of the materials of aK descriptions, as called for in the con- 
 tract; and will they be inspected, received, and paid for on notice of 
 such delivery being given to the agent, provided they shall be delivered 
 as fast as the works actually require?" 
 
 I think not. The agent should be the judge when materials are re- 
 quired, and the kinds. His notice, not that of the former contractor, 
 should govern. Delivery should not be made faster than he (the agent) 
 shall require, who shall give (ten days) notice of his wants. 
 
 For fear of error, I submit the original letter of Sw^et, Ives & 
 Hawley with this report, and, reverting back to my report of the 2d 
 September, and to the views of this, respectfully recommend 
 
 1st. That the agents be authorized to purchase and pay for " such 
 materials as the contractors had on hand and ready for delivery at the 
 several stations at the time the decision of the llth July was received 
 by each agent at each station or place ; may be received and paid for, 
 at contract prices, in the form of open purchase, provided such mate- 
 rials, on proper inspection, should be of the qualities and kinds re- 
 quired, and as described in the contracts." 
 
 2d. That no further delivery shall be made of right by the con- 
 tractors, but only, on ten days' notice, under written application from 
 the agent, and be paid for at the prices stated in the contract. If con- 
 tractors fail punctually to deliver on said notice and application, then 
 the agent is authorized to purchase of any one in open market. In all 
 cases the materials to be rigidly inspected, according to description 
 and direction of the contracts. 
 
 Respectfully, sir. your obedient servant, 
 
 J. J. ABERT, 
 Col, Corps Top. Engineers. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, October 1, 1853. 
 
 SIR: I have the honor to acknowledge your direction to report upon 
 a letter from Sweet, Ives and Hawley, (by A. Sweet, esq.,) of the 28th 
 September. The letter is to be considered as an appeal to the War 
 Department, from the decisions which have been made in reference to 
 certain contract matters. 
 
 The letter speaks of facts and of an engagement with the govern- 
 ment. Of the facts I can say nothing : all the facts are, in my judg- 
 ment, involved in the contracts, which it must be presumed parties 
 read before signing, and contemplated to make when they made bids, 
 under advertisement for proposals. 
 
* H. Doc. 71. 17 
 
 There is no engagement whatever with parties. The engagement 
 was the contracts, which parties failed to fulfil. 
 
 The appeal is now for an extension of indulgence, namely : to re- 
 ceive and pay for all materials now on the ground (at the several 
 places) and ready for delivery. He submits this proposition, as the 
 carrying out and fulfilling of a government engagement. 
 
 I am aware of no such engagement, or of any authority for such an 
 idea. All that has been decided in the case is as follows : That mate- 
 rials on hand and ready for delivery when the decision of the War 
 Department of the llth July was received, at each several place, should 
 be received and paid for, as purchased materials, at contract prices, 
 after due inspection, &c. . 
 
 2d. That future receiving of materials should be regulated by future 
 wants of the works and future demands of the agent ; preference be- 
 ing given to the failed contractors in these cases, if they could supply 
 in time. 
 
 Mr. Sweet contends that failures to deliver, under the contracts, have 
 not occasioned delays to the works. 
 
 He forgets that this is not a suitable point for his consideration, and 
 that by failure to deliver according to contract, no materials were re- 
 ceived. Materials may have been held by the contractors, and have 
 been ready for delivery soon after failure ; but these could not be re- 
 ceived by agents, who had the contracts for their guide ; and this very 
 delay and failure have occasioned all the delay and discussion which 
 have followed, and the decisions Irom which he now appeals. 
 
 Seeing no adequate reason for changing the views which have been 
 presented in reports from this office, or for changing the decisions which 
 have been made by the War Department, I will conclude this report 
 by submitting all the papers in the case to the revision and final decis- 
 ion of the War Department. 
 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps fop. 'Engineers. 
 
 Hon. JEFFERSON DAVIS, 
 
 Secretary of War. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, December 29, 1853. 
 
 SIR: That I might answer correctly the inquiry in your note of the 
 9th instant, circulars were written to all the agents at places for which 
 Sweet, Ives and Hawley had contracts. Answers having been re- 
 ceived, I now submit a report. 
 
 Manitowoc agent, Temple Clark, esq. By letter from the agent, 
 dated 17th December, 1853, it appears "that there are no materials at 
 that place ready for delivery under th Sweet, Ives and Hawley con- 
 tract." Certain sub-contractors have materials on hand and for sale, 
 which at contract prices would amount to $1,420. 
 
 The owners or sub-contractors will sell these materials for $970. 
 
 The materials consist of 70 cords of stone, and 4,000 feet of timber. 
 2 
 
18 H. Doc. 71. t 
 
 The agent reports that the above enumerated materials are in the pos- 
 session of the sub-contractors, who will not deliver them on account of 
 Messrs. Sweet, Ives and Hawley. 
 
 Sheboygan agent, D. Newland, esq. By letter from the agent, dated 
 December 19, 1853, it appears that, "I am not aware of there being 
 any materials ready for delivery at this place, under the Sweet, Ives 
 and Hawley contract, except the following : 
 
 6,000 Ibs. of 1 |-inch boll iron $240 00 
 
 20,000 feet of pine plank 300 00 
 
 received as per report for July." 
 
 Mdwaukic agent, H. W. Gunnison, esq. By letter dated December 
 15, 1853, it appears that there is "the following list of materials now 
 ready for delivery under said contract, and the contract prices thereof:" 
 6,000 Ibs. 1 -inch bolt iron $300 00 
 
 327 cords of stone for crib ballast 3,270 00 
 
 3,570 00 
 
 'Waukegan agent, Wm. Gamble, esq. By letter dated December 
 15, 1853, it appears that "all materials ready for delivery" at that 
 place, under the Sweet, Ives and Hawley contract, consist of 
 
 29 cords of ballast stone $348 00 
 
 5,980 Ibs. 1^-inch round common Pittsburg iron, (contract 
 
 requires best bolt-iron) 299 00 
 
 
 
 * 647 00 
 
 The agent also reports outstanding claims against above, amounting 
 to $26 42. 
 
 In my opinion, the iron as above described could not be received ; 
 nor do I think we have anything to do with the "outstanding claims." 
 I presume these last have been reported as liens upon the materials, 
 which would- have to be adjusted before the materials could be deliv- 
 ered by those who have them in hand. 
 
 Taking these reports, however, without abatement from any cause, 
 it appears that the whole value of materials ready for delivery at all 
 places, on account of the Sweet, Ives and Hawley contract, is $5,637. 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Top. Engineers. 
 A. CAMPBELL, Esq., 
 
 Chief Clerk War Department. 
 
 Q WASHINGTON, January 13, 1854. 
 
 Levi Blossom, attorney, with full powers from Sweet, Ives and Haw- 
 ley, presents the following statement as to materials furnished and ready 
 to be delivered for harbors at Milwaukie, Sheboygan, Manitowoc, and 
 Waukegan, on the west shore of Lake Michigan, on the first day of 
 July last : 
 
H. Doc. 71. 19 
 
 At Milwaukie, per local agent's certificate accompanying this state- 
 ment 
 
 327 cords of stone, at $9 $2,943 00 
 
 6,000 Ibs. round iron, at 4 cents 270 00 
 
 3,213 00 
 
 Sheboygan, 6,000 Ibs. round iron, at 4 J cents. . $270 00 
 Manitowoc, 4,000 Ibs. round iron, at 4 cents. . 180 00 
 Waukegan, 6,000 Jbs. round iron, at 4 cents.. 270 00 
 
 720 00 
 
 3,933 00 
 Add 10 per cent, reserved 393 30 
 
 4,326 30 
 
 The three last above-mentioned 'items I have not the local agent's 
 act for ; but all the above material was on hand, and the same was 
 tendered to the local agents at the several points on the first day of 
 July last, except at Manitowoc, where there was no agent to make the 
 tender to. The agents at Milwaukie, Sheboygan, and Waukegan, 
 declined receiving the same and giving receipts therefor without further 
 instructions from the department. At that time Mr. Gunnison, the 
 local agent at Milwaukie, wrote to the department for such instructions, 
 which were received in Milwaukie about the first of August, during 
 his absence. Immediately upon his return I called upon him, and on 
 the 6th of August, under said instructions, he gave me the accompany- 
 ing certificates for iron and stone delivered at Milwaukie. 
 
 On the 8th of August last, I forwarded said certificates to Colonel 
 Abert ; and as I did not obtain the money on them, I have not since 
 taken the trouble to travel some three hundred miles back and forth on 
 our lake coast to procure the other certificates from the local agents at 
 the other points for the iron herein mentioned. Now, if the department 
 will pay me the sum of three thousand two hundred and thirteen 
 dollars at this time, being the amount due according to the certificates 
 of Mr. Gunnison, and make an order for the further payment of the 
 sum of seven hundred and ninety dollars when they procure the 
 proper certificates that the iron herein before" mentioned is at Sheboygan, 
 Manitowoc, and Waukegan, making in all the sum of three thousand 
 nine hundred and thirty-three dollars, and add the 10 per cent, hereto- 
 fore reserved, I will cancel the contracts and close this matter up. 
 
 The reason why I urge the payment for the iron delivered at the 
 several points is, because it is of an unusual size for common work ; 
 while it is there on hand, and just what the government contracted for, 
 and must have when they proceed with the work. Hoping that this 
 matter will meet your favorable consideration, and that I may have an 
 answer at your earliest convenience, T am, your obedient servant, 
 
 LEVI BLOSSOM, of Milwaukie, 
 Attorney for Sweet, Ives Sf Hawley, with full powers. 
 
 Hon. JEFFERSOX DAVIS, 
 
 Secretary of War, Washington, D. C. 
 
20 H. Doc. 71. 
 
 The gross sum asked for by the foregoing letter is four thousand three 
 hundred and twenty-six dollars and thirty cents, to make a final and 
 complete settlement. 
 
 L. BLOSSOM, Attorney. 
 
 WASHINGTON, D. C., April 2, 1853. 
 
 SIR : When I talked with you last in relation to the materials to be 
 furnished by myself and associates (Messrs. Ives & Hawley) for the 
 harbors of Milwaukie, Sheboygan, and Manitowoc, I understood you 
 to say that you wished to reduce the amount of materials to be fur- 
 nished about one-half. This, I think, would be unfair, as we bid for 
 the work with the understanding that the amount was to be reduced 
 only in case it exceeded the appropriation, and then only so far as to 
 bring it within the appropriation. If you insist upon the reduction, I 
 must ask that the matter be referred to the War Department, to see 
 whether we are not entitled to furnish the whole amount. 
 Your obedient servant, 
 
 ALANSON SWEET, 
 For SWEET, IVES & HAWLEY. 
 Col. J. J. ABERT, 
 
 Chief Topographical Bureau. 
 
 BUREAU OP TOPOGRAPHICAL ENGINEERS, 
 
 Washington, February 14, 1854. 
 
 SIR : I have received a letter from L. Blossom, esq., attorney for 
 Sweel, Ives & Hawley, of the 4th instant. This letter concludes with 
 the following remarks : "As I hold the iron and stone in my own name, 
 why would not a bill of sale direct from me to the government be suf- 
 ficient? It would do away with all complication about the matter. 
 This is Captain Webster's suggestion, and I submit it for your con- 
 sideration." 
 
 "Why would not," &c. Because such a course would take the 
 demand to that extent out of the pale of the decision of the Secretary, 
 which was expressly to relieve the contractors, Sweet, Ives & Hawley. 
 The decision states, "the agent at Milwaukie having given certificates 
 of the delivery by Messrs. Sweet, Ives and Hawley," &c., &c. 
 
 The decision of the Secretary is your guide. Your accounts will be 
 judged accordingly, and purchases should be made accordingly. A 
 form avoiding plain direction of this decision, however simple in ap- 
 pearance, may in the end prove more complicated and embarrassing. 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Col. Corps Top. Engineers. 
 Capt. J. D. WEBSTER, 
 
 Corps Top. Engineers, Chicago, Illinois, 
 
H. Doc. 71. 21 
 
 NEW BUFFALO, April 18, 1853. 
 
 DEAR SIR: As there appears but little probability that the materials 
 for the harbor will be used for some time, I would respectfully ask 
 that the completion of my contract be extended to the last of July, 
 instead of the last of June. Such an extension would confer a great 
 favor on me, and cannot in any way inconvenience the United States, 
 as it appears,to me. Your influence in favor of said extension would 
 greatly oblige 
 
 Your ooedient servant, 
 
 R. S. PHILLIPS. 
 
 Col. J. J. ABERT, 
 
 Corps Top. Engineers, Washington. 
 
 P. S. I find great difficulty in getting the long timber, as I can only 
 find it on wet ground, and the winter was so unusually mild that we 
 had no sleighing in the woods. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, July 12, 1853, 
 
 SIR: Your letter of the 1st June was submitted to the War Depart- 
 ment, as you were advised by letter of the 7th instant. 
 
 The decision of the honorable Secretary in reference to contract mat- 
 ters is as follows : 
 
 "The materials may be received of the contractor at contract prices, 
 if furnished in quantities and at times to meet the demand of the work ; 
 in default of this they may be purchased in open market." 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Topographical Engineers. 
 
 SAMUEL HALE, Esq., 
 
 United States Agent, Kenosha, Wisconsin. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, May 26, 1853. 
 
 SIR : Your letter of the 20th May has been received. The embar- 
 rassment to which you are exposed, and the apprehension of " ruin" on 
 your p^rt, are matters of regret ; but it appears to me that it is in your 
 power to avoid the consequences you apprehend by pursuing the course 
 indicated in my letter of the 16th instant. 
 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 
 Colonel Topographical Engineers. 
 R. S. PHILLIPS, Esq., 
 
 New Buffalo, Michigan. 
 
22 H. Doc. 71. 
 
 NEW BUFFALO, May 20, 1853. 
 
 DEAR SIR : I wrote to you about a month since, soliciting an exten- 
 sion of my contract from the last of June to the last of July, on account 
 of the unusual stale of the roads, &c. 
 
 The whole country is completely submerged in water, and it is im- 
 possible for me to haul my timber out of the woods until we get some 
 dry weather; a large amount of which is about sixteen miles from here, 
 and has to be hauled over two miles tlyough wet low-land to the lake 
 shore, and then rafted to this place. (That was the only place at 
 which I could get my long timber; and it is really a fine lot of timber.) 
 I have had a quantity on the lake shore for some time, but the weather 
 has been such that I could not raft it ; shall do so, however, as soon as 
 the weather will permit. A large proportion of my stone is delivered 
 on the pier at Chicago ready tor shipment, and a propeller chartered to 
 deliver it here, but there has not been any time for the last month when 
 a vessel could leave Chicago with a cargo of stone and land it at this 
 point. 
 
 The iron is on the way from Pittsburg, and will be here by the last 
 of the month, as per advisement just received. 
 
 Now, sir, as you are undoubtedly aware we have had a very unusual 
 winter and spring, which has been exceedingly unfavorable for getting 
 out timber, you will readily perceive that it has been very much to my 
 disadvantage; but if God spares my life, and the department over 
 which you preside will grant me the extension asked for, the whole con- 
 tract shall be well and faithfully performed ; but if, on the contrary, 
 you insist on the fulfilment, to the letter, as to the different times, &c., 
 then, sir, I am ruined, and must submit. But as the government will 
 sustain neither loss nor inconvenience by granting the favor I am asking, 
 I hope and trust such action will be taken as will enable me to save 
 myself from loss and ruin. Your good influence is respectfully soli- 
 cited by 
 
 Your obedient servant, 
 
 R. S. PHILLIPS. 
 
 Col. J. J. ABERT. 
 
 P. S. As I received no answer to my former letter, I hope you will 
 answer this at your earliest convenience, and oblige 
 
 R. S. P. 
 
 OFFICE OF PUBLIC 
 
 Kenosha, July 1, 1853. 
 
 SIR: Mr. Parks has entirely failed to fulfil his contract made with 
 the department for materials lor the harbor at Kenosha. He has the 
 iron in Kenosha, which I declined receiving, on account of its not being 
 ready for delivery until a few days before the time specified in his con- 
 tract for the third delivery of materials. Timber, stone, and plank 
 none has been delivered. 
 
H. Doc. 71. 23 
 
 Mr. Parks called on me a few days since, and stated that he would 
 go on and fulfil his contract, and deliver the materials as fast as they 
 would be needed for the work, if the department would allow him to 
 do so, and that he would give security for the faithful performance of 
 the same. 
 
 I am, very respectfully, your obedient servant, 
 
 SAML. HALE, U. S. Agent. 
 
 Col. J. J. ABERT, 
 
 Corps Topographical Engineers. 
 
 OFFICE OF PUBLIC WORKS, 
 
 Kenosha, June 1, 1853. 
 
 SIR : Yours of the 23d of May is received. Mr. Parks has failed 
 to deliver any materials, as specified by the terms of his contract, viz : 
 31st of March, 30th April, and 31st May, excepting the iron, which he 
 has had in Kenosha several days. It was shipped to me, but I have 
 not received it on his contract. 
 
 I stated to you, in my communication of the 26th May, what Mr. 
 Parks said in relation to fulfilling his contract made with the depart- 
 ment, to which I would refer you. 
 
 If he should hereafter bring on any of the materials, I should not 
 receive them on any other conditions than to be subject to y our appro- 
 val or disapproval, and shall await your instructions in the matter. 
 
 The city have been raising the piers, so that they will be four feet 
 above the level of the water when they finish putting on what timber 
 they now have on hand, which will be in a few days. 
 
 Pine timber can be delivered here at Is. per foot, if needed, and 
 the other materials as stated in my communication of the 26th- of 
 May. 
 
 I remain, sir, very respectfully, your obedient servant, 
 
 SAMUEL HALE, U. S. Agent. 
 
 Col. J. J. ABERT, 
 
 Corps Topographical Engineers. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, July 12, 1853. 
 
 SIR: Your letter of the 7th instant has been received. The decision 
 of the honorable Secretary upon contract matters having been made, 
 has been communicated to the agent at Racine and the agent at Keno- 
 sha, at which places you have contracts for the delivery of materials. 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Top. Engineers. 
 CALVIN C. PARKS, Esq., 
 
 fVaukegan, Illinois. 
 
24 H. Doc. 71. 
 
 RACINE, WISCONSIN, July '2, 1853. 
 
 SIR : On the 31st day of May I submitted to you a statement of the 
 condition of the harbor at this place, together with my views as to the 
 best mode of expending the means appropriated, to which communica- 
 tion I have received no reply. 
 
 I have to inform you that Mr. Parks, the contractor, had his iron all 
 ready for delivery by the 31st day of May, and stone enough to fill one 
 contract delivery-by the 30th day of June. He has also ready for de- 
 livery upwards of four hundred pieces of oak timber, and I am in- 
 formed that he has one hundred pieces more shipped and now on the 
 way here. As the time for delivery, as per contract, has expired, you 
 will please inform me with regard to receiving it or not. 
 
 You will also please send me the blanks necessary to be used in the 
 discharge of my duties. 
 
 Respectfully, your obedient servant, 
 
 J. A. CARSWELL, U. S. Agent. 
 
 J. J. ABERT, 
 
 Colonel Topographical Engineer*. 
 
 WAUKEGAN, July 7, 1853. 
 
 SIR: Several weeks since, Mr. Carswell, the agent at Racine, in- 
 formed me that he had sent for money to pay for the materials delivered 
 under my contract, and at the same time he sent to the department a 
 copy of my written assent to a change of the quantity of materials pro- 
 posed by him, subject to the decision of the department. He has 
 repeatedly informed me since that he has received no money, nor any 
 information relative to the decision upon the proposition referred to. I 
 have delivered several thousand dollars' worth of materials at Racine, 
 for which I confidently expected the money long since, but have been 
 disappointed. I do hope that the money may be sent to the agent 
 without further delay, that I may be saved from ruin. 
 
 It is also necessary that the matter relating to a change of quantity 
 of materials be decided soon, as I have already as much hewn timber 
 at Racine as can be used under the present appropriation, should Mr. 
 Carswell's proposition, which I assented to, be sanctioned by the de- 
 partment. 
 
 I am ready, and willing, and able, to fulfil my contract with govern- 
 ment to the letter, except as to matter of time, both at Racine and 
 Kenosha, if I can receive my money at stated periods of delivery, (less 
 10 per cent, retained,) and I can deliver the materials as fast as 
 they can be used. In case of failure, I would pay all damages accruing 
 to the government. I have all the materials on hand and within my 
 reach, and have purchased and fitted up a vessel expressly to carry 
 out my contract. But it is wholly out of my power to carry on my 
 business without receiving something for my materials that have been 
 delivered. 
 
 Should there be any preliminary questions to be settled previous to 
 the payment of the money, ! hope and pray that they may be referred 
 
H. Doc. 71. 25 
 
 to some officer here, to avoid further delay, which would be ruinous to 
 me. Please let me hear from you by return mail. 
 Truly, your obedient servant, 
 
 CALVIN C. PARKS. 
 Col. J. J. ABERT, 
 
 Corps Topographical Engineers, Washington. 
 
 P. S. The whole of the iron was delivered at Kenosha early in the 
 month of May, before the agent had received his money. . On receiving 
 the money, he declined to pay for the iron, because it was not de- 
 livered on the day fixed by the contract. I stated to the agent that I 
 was then ready and would hold myself in readiness to proceed to 
 deliver the other materials, if I could have an assurance of receiving 
 my money for them and there the matter stands. Will you have the 
 kindness to instruct Mr. Hale to pay me for the iron ? 
 Ycfurs, &c., 
 
 CALVIN C. PARKS. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, May 16, 1854. 
 
 SIR: Your'letter of the 18th April has been received. No modifica- 
 tion of the terms of the contract can be allowed ; but if you will agree 
 to dispense entirely with the third delivery under the contract, then, 
 and in that case, the second delivery can be made in the month of 
 June, which will close the contract; otherwise, as before stated, no 
 modification of the terms of the contract can be allowed. 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Col. Corps Top. Engineers. 
 R. L. PHILLIPS, Esq., 
 
 New Buffalo, Michigan. 
 
 This agreement, made this 8lh day of March, 1853, between J. J. 
 Abert, colonel of the corps of topographical engineers, in the service 
 of the United States, acting with the consent, and under the direction, 
 of the honorable Charles M. Conrad, Secretary of War, of the first 
 part, and Alanson Sweet, Stephen W. Ives, and Abel Hawley, of Mil- 
 waukie, in the State of Wisconsin, of the second part, witnesseth : 
 
 That the said Alanson Sweet, Stephen W. Ives, and Abel Hawley, 
 do hereby agree and contract to furnish and deliver for the harbor con- 
 struction about to be commenced at Waukegan, Illinois, at such points 
 as may be designated by the officer or agent superintending the same, 
 the following described materials, to wit : 
 
 Two hundred and thirty pieces hewn white-oak timber, thirty-two 
 feet long, twelve inches square. 
 
 Two hundred and seventy-five pieces hewn white oak, thirty feet 
 long, twelve inches square. 
 
 Four hundred pieces hewn white oak, twenty-five feet long, twelve 
 inches square. 
 
26 H. Doc. 71. 
 
 Sixty thousand feet, board measure, three-inch pine plank, six inches 
 wide. 
 
 Six thousand pounds IJ-inch best bolt iron, in pieces twelve and 
 fifteen feet long. 
 
 Three hundred and fifty cords good hard stone for crib ballast, each 
 cord to measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One-third of the timber, plank, and iron, by the 31st day of March 
 next; one-thiscl by the 30th day of April next; one-third by the 31st 
 day of May next. One-third of the stone by the 30th of April ftext; 
 one-third by the 31st day of May next; one-third by the 30th day of 
 June next. 
 
 The articles, as delivered on these several specified days, to be 
 measured and inspected by the officer or agent in charge of the con- 
 struction of said harbor ; and if approved and received, to be paid for 
 at the prices hereinafter stated, less ten per Ctntum thereof, which per 
 centum will be retained from the contractor until the contract snail 
 have been fully executed, when the amount so retained will be paid to 
 him. And in case of a failure to complete the contract, the amount of 
 the retained per centum will be forfeited to the United States, in 
 addition to, and irrespective of, any other penalty which may attach 
 to the non-fulfilment of this contract. The aforesaid Colonel J. J. 
 Abert, acting as before stated, contracts and engages that payments 
 shall be made to the party of the second part, before named, at the 
 following prices, viz: 
 
 For two hundred and thirty pieces hewn white oak, 12" X 12" X 32', 
 eighteen cents per foot. 
 
 For two hundred and twenty-five pieces hewn white oak, 12" X 12" 
 X 30', eighteen cents per foot. 
 
 For four hundred pieces hewn white oak, 12" X 12" X 25', eighteen 
 cents per foot. 
 
 For sixty thousand feet, board measure, three-inch pine plank, six 
 inches wide, twelve dollars per thousand feet. 
 
 For six thousand pounds 1^-inch best bolt iron, five cents per pound. 
 
 For three hundred and fifty cords good hard stone for crib ballast, 
 twelve dollars per cord. 
 
 It is further agreed and contracted that this contract shall not be 
 assigned or transferred to any other person or p3rsons, without special 
 permission, in writing, first obtained from the War Department, and 
 that no member of Congress shall be admitted to any share or part of 
 this contract, or to any portion of the benefit to arise therefrom. 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate the party of the first part at Washington city, 
 the 8th day of March, 1853, and the parties of the second part at 
 Wauke2;an, Illinois, the day of March, 1853. 
 
 J. J. ABERT, [L. s.] 
 
 Col. Corps Top. Engineers. 
 
 Signed and sealed by J. J. Abert, in presence of 
 GEO. THOMSON. 
 J. R. DORSE Y. 
 
H. Doc. 71. 27 
 
 ALANSON SWEET. [L. s.] 
 STEPHEN W. IVES. [L. s. = 
 ABEL HAWLEY. [L. s/ 
 
 Signed and sealed by Alanson Sweet, Stephen W. Ives, and Abel 
 Haw ley, in presence of 
 
 A. R. GRAY, for S. W. Ives. 
 
 J. L. BARSTOW, for Abel Haw ley. 
 
 W. A. Cox. for Ives, Hawley & Sweet. 
 
 This agreement, made this 13th day of January, 1853, between J. 
 J. Abert, colonel of the corps of topographical engineers, in the service 
 of the United States, acting with the consent and under the direction 
 of the Hon. Charles M. Conrad, Secretary of War, of the first part, and 
 R. L. Phillips, of New Buffalo, State of Michigan, of the second part, 
 witnesseth : 
 
 That the said R. L. Phillips does hereby agiee and contract to fur- 
 nish and deliver at the harbor of New Buffalo, Michigan, the following 
 materials, to wit : 
 
 One hundred and fifty pieces hewn white-oak timber, thirty feet long, 
 fourteen inches square. 
 
 One hundred and fifty pieces hewn white-oak timber, forty feet long, 
 fourteen inches square. 
 
 One hundred pieces hewn white-oak timber, sixty feet long, fourteen 
 inches square. 
 
 Ten pieces hewn white-oak timber, sixty feet long, sixteen inches 
 square. 
 
 One hundred round white-oak piles, thirty feet long, to square at the 
 big end fourteen inches. 
 
 Nine thousand pounds best quality 1^-inch bolt iron, in. pieces 12 or 
 15 feet long each. 
 
 Three hundred cords of good hard stone for crib ballast, each cord 
 to measure 128 cubic feet. 
 
 To be delivered a follows: 
 
 One-third of the timber and iron by the 31st day of March next; one- 
 third by the 30th day of April next; one-third by the 31st day of May 
 next. 
 
 One-third of the stone by the 30th day of April next; one-third by 
 the 31st day of May next; one-third by the 30th day of June next. 
 
 The articles, as delivered on these several specified days, to be 
 measured and inspected by the officer or agent in charge of the construc- 
 tion of said harbor; and if approved and received, the quantity so ap- 
 proved and received to be paid for at the prices hereinafter stated, less 
 ten per centum thereof, which per centum will be retained from the 
 contractor until the contract shall have been fully executed, when the 
 amount so retained will be paid to him ; and in case of a failure to 
 complete the contract, the amount of the retained per centum will be 
 forfeited to the United States, in addition to and irrespective of any 
 other penalty which may attach to the non-fulfilment of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 
28 H. Doc. 71. 
 
 and engages that payments shall be made to the party of the second 
 part before named, at the following prices, viz: 
 
 For 150 pieces hewn white oak, 14" X 14" X 30', the sum of $517 50. 
 
 For 150 pieces hewn white oak, 14" X 14" X 45', the sum of $1,012 50. 
 
 For 100 pieces hewn white oak, 14"X14"X60 / , the sum of $1,680. 
 
 For 10 pieces hewn white oak, 16" X 16" X 60', the^sum of $240. 
 
 For 100 round while-oak piles, 30 feet long, to square at the big end 
 14", the sum of $270. 
 
 For 9,000 pounds best quality 1^-inch bolt iron, the sum of $427 50. 
 
 For 300 cords good hard stone, the sum of $3,000. 
 
 In testimony whereof, the parties to this agreement have hereunto 
 set their hands and seals, the day and year first above written. 
 
 J. J. ABERT, [L. s.] 
 
 Colonel Corps Topographical Engineers. 
 
 R. L. PHILLIPS. [L. s.] 
 
 Signed, sealed, and delivered in presence of 
 GEO. THOMSON, 
 H. R. CROSBY, 
 
 Witnesses to signature of J. J. Abert. 
 A. BENNETT, 
 THOS. R. BOWES, 
 
 Witnesses to signature of R. L. Phillips. 
 
 This agreement, made this 8th day of March, eighteen hundred and 
 fifty-three, between J. J. Abert, colonel of the corps of topographical 
 engineers, in the service of the United States, acting with the consent 
 arid under the direction of the Hon. Charles M. Conrad, Secretary 
 of War, of the first part, and Alanson Sweet, Stephen W. Ives, and 
 Abel Hawley, of Milwaukie, in the State of Wisconsin, of the second 
 part, witnesselh : 
 
 That the said Alanson Sweet, Stephen W. Ives, and Abel Hawley, 
 do hereby agree and contract to furnish and deliver for the harbor con- 
 struction about to be commenced at Manitowo^, Wisconsin, the fol- 
 lowing described materials, to wit : 
 
 One hundred and sixty pieces hewn white-oak timber, thirty- two 
 feet long, twelve inches square. 
 
 Two hundred pieces hewn white-oak timber, thiry feet long, twelve 
 inches square. 
 
 Three hundred pieces hewn white-oak timber, twenty-five feet long, 
 twelve inches square. 
 
 Forty thousand feet, board measure, three-inch pine plank, six inches 
 wide. 
 
 Four thousand pounds 1^-inch best bolt iron, in pieces 12 and 15 
 feet long. 
 
 Two hundred and fifty cords good hard stone for crib ballast, each 
 cord to measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One-third of the timber, plank, and iron by the 31st day of March, 
 one-third by the 30th day of April, one-third by the 31st day of May, 
 
H. Doc. 71. 29 
 
 1853 : one- third of the stone by the 30th day of April, one-third by the 
 30th day of May, one-third by the 30th day of June, 1853. 
 
 The articles, as delivered on these several specified days, to be meas- 
 ured and inspected by the officer or agent in charge of the construction 
 of said harbor ; and if approved and received, to be paid for at the prices 
 hereinafter stated, less ten per centum thereof, which per centum will 
 be retained from the contractor until the contract shall have been fully 
 executed, when the amount so retained will be paid to him ; and in 
 case of a failure to complete the contract, the amount of the retained 
 per centum will be forfeited to the United States, in addition to "and 
 irrespective of any other penalty which may attach to the non-fulfil- 
 ment of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 and engages to pay, or cause to be paid, to the party of the second part, 
 the following prices, viz : 
 
 For one hundred and sixty pieces hewn white oak, 12" X 12" X 32', 
 the sum of $921 60. 
 
 For two hundred pieces hewn white oak, 12" X 12" X 30', the sum of 
 $1,080. 
 
 For three hundred pieces hewn white oak, 12" X 12" X 25', the sum 
 of $1,350. 
 
 For forty thousand feet, board measure, three-inch pine plank, six 
 inches wide, the sum of $480. 
 
 For four thousand pounds 1 J-inch bolt iron, the sum of $200. 
 
 For two hundred and fifty cords good hard stone, for crib ballast, 
 the sum of $2,500. 
 
 It is further agreed and contracted that this contract shall not be as- 
 signed or transferred by the contractors to any other person or persons 
 without special permission, in writing, first obtained from the War 
 Department, and that no member of Congress shall be admitted to 
 any share or part of this contract, or to any portion of the benefits 
 to arise therefrom. 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate the party of the first part at Washington city, 
 the eighth day of March, 1853, and the parties of the second part at 
 
 Milwaukie, Wisconsin, the day of March, 1853. 
 
 J. J. ABERT, [L. s.] 
 
 Col. Corps Top. Engineers. 
 
 Signed and sealed by J. J. Abert, in presence of 
 GEORGE THOMSON, 
 J. R. DORSET. 
 
 ALANSON SWEET. [L. s." 
 STEPHEN W. IVES. [L. s/ 
 ABEL HAWLEY. [L. s/ 
 
 Signed and sealed by A. Sweet, S. W. Ives, and A. Hawley, in pres- 
 ence of 
 
 CHARLES JAMES, for Alanson Sweet. 
 
 A. R. GRAY, for S. W. Ives. 
 
 J. L. BARSTOW, for Abel Hawley. 
 
 H. F. Cox, for Sweet, Ives & Hawley. 
 
30 H. Doc. 71. 
 
 This agreement, made this 21st day of January, 1853, between J. J. 
 Abert, colonel of the corps of topographical engineers, in the service 
 of the United States, acting with the consent and under the direction 
 of the honorable Charles M. Conrad, Secretary of War, of the first 
 part, and Calvin C. Parks, of Waukegan, State of Illinois, of the second 
 part, witnesseth : 
 
 That the said Calvin C. Parks does hereby agree and contract to 
 furnish and deliver, at the harbor of Racine, Wisconsin, the following 
 described materials, to wit : 
 
 Three hundred and sixty pieces hewn white-oak timber, thirty-two 
 feet long, twelve inches square. 
 
 Four hundred and fifty pieces hewn white-oak timber, thirty feet 
 long, twelve inches square. 
 
 Six hundred and forty pieces hewn white-oak timber, twenty-five 
 feet long, twelve inches square. 
 
 Ninety thousand feet, board-measure, 3-inch plank, six inches wide, 
 the usual length of flooring plank. 
 
 Nine thousand pounds 1^-inch best quality bolt iron, in pieces twelve 
 and fifteen feet long. 
 
 Three hundred and fifty cords good hard slone for crib ballast, eacn 
 cord to measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One-third of the timber, plank, and iron by the 31st day of March 
 next ; one-third by the 30th day of April next ; one-third by the 31st 
 day of May next. 
 
 One-third of the stone by the 30th day of April next; one- third by 
 the 31st day of May next; one-third by the 30th day of June next. 
 
 The articles, as delivered on these several specified days, to be 
 measured and inspected by the officer or agent in charge of the con- 
 struction of said harbor; and if approved and received, to be paid for 
 at the prices hereinafter stated, less ten per centum thereof; which per 
 centum will be retained from the contractor until the contract shall 
 have been fully executed, when the amount so retained will be paid to 
 him ; and in case of a failure to complete the contract, the amount of 
 the retained per centum will be forfeited to the United States, in addi- 
 tion to, and irrespective of, any other penalty which may attach to the 
 non-fulfilment of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 and engages to pay, or cause to be paid, to the party of the second 
 part, the following prices, viz : 
 
 For three hundred and sixty pieces hewn white oak, 12" X 12" X 32', 
 the sum of $1,382 40. 
 
 For four hundred and fifty pieces hewn white oak, 12" X 12" X 30', 
 the sum of $1,620. 
 
 For six hundred and forty pieces hewn white oak, 12" X 12" X 25', 
 the sum of $1,920. 
 
 For ninety thousand feet, board-measure, 3-inch plank, six inches 
 wide, the sum of $1,080. 
 
 For nine thousand pounds IJ-inch best bolt iron, the sum of $540. 
 
 For three hundred and fifty cords good hard stone for crib ballast, 
 the sum of $2,537 50. 
 
H. Doc. 71. 31 
 
 It is further agreed and contracted, that this contract shall not be as- 
 signed or transferred by the contractor to any other person or persons 
 without special permission, in writing, first obtained from the War De- 
 partment ; and that no member of Congress shall be admitted to any 
 share or part of this contract, or to any portion of the benefits to arise 
 therefrom. 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate the party of the first part at Washington, the 21st 
 day of January, 1853, and the party of the second part at Waukegan, 
 Illinois, the 18th day of March, 1853. 
 
 JOHN J. ABERT, [L. s.] 
 Colonel Corps Topographical Engineers. 
 Signed and sealed by J. J. Abert, in presence of 
 GEO. THOMSON. 
 J. R. DORSEY. 
 
 CALVIN C. PARKS. [L. s.] 
 
 Signed and sealed by Calvin C. Parks, in presence of 
 J. D. WEBSTER. 
 WM. GAMBLE. 
 
 This agreement, made this 21st day of January, 1853, between J. 
 J. Abert, colonel of the corps of topographical engineers, in the ser- 
 vice of the United States, acting with the consent and under the di- 
 rection of the Hon. Charles M. Conrad, Secretary of War, of the first 
 part, and Calvin C. Parks, of Waukegan, Slate of Illinois, of the second 
 part, witnesseth: 
 
 That the said Calvin C. Parks does hereby agree and contract to 
 furnish and deliver at the harbor of Kenosha, (fbrmeily Southport,) 
 Wisconsin, the following described materials, to wit : 
 
 Three hundred and sixty pieces hewn white-oak timber, thirty-two 
 feet long, twelve inches square. 
 
 Four hundred and fifty pieces ditto, thirty feet long, twelve inches 
 square. 
 
 Six hundred and forty pieces ditto, twenty-five feet long, twelve 
 inches square. 
 
 Ninety thousand feet, board measure, 3-inch pine plank, six inches 
 wide the usual length of flooring plank. 
 
 Nine thousand pounds 1 J-inch best quality bolt-iron, in pieces twelve 
 and fifteen feet long. 
 
 Three hundred and twenty-five cords hard stone for crib ballast, 
 each cord to measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One- third of the timber, plank, and iron, by the 31st day of March 
 next, one-third by the 30th day of April next, and one-third by the 
 31st day of May next. One-third of the stone by the 30lh day of April 
 next, one-third by the 31st day of May next, and one-third by the 30th 
 day of June next. 
 
 The articles, as delivered on these several specified days, to be 
 measured and inspected by the officer or agent in charge of the con- 
 
32 H. Doc. 71. 
 
 struction of said harbor ; and if approved and received, to be paid for 
 at the prices hereinafter stated, less 10 per centum thereof; which per 
 centum will be retained from the contractor until the contract shall 
 have been fully executed, when the amount so retained will be paid 
 to him ; and in case of a failure to complete the contract, the amount of 
 the retained per centum will be forfeited to the United States, in addi- 
 tion to, and irrespective of, any other penalty which may attach to the 
 non-fulfilment of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 and engages to pay, or cause to be paid, to the party of the second 
 part, the following prices, viz: 
 
 For three hundred and sixty pieces hewn white oak, 12" X 12" X 32', 
 the sum of $1,382 40. 
 
 For four hundred and fitly pieces ditto, 12" X 12" X 30', the sum of 
 $1,620. 
 
 For six hundred and forty pieces ditto, 12" X 12" X 25', the sum of 
 $1,920. 
 
 For ninety thousand feet, board measure, 3-inch pine plank, six 
 inches wide, the sum of $1,080. 
 
 For nine thousand pounds 1^-incb best bolt-iron, the sum of $540. 
 
 For three hundred and twenty-five cords good hard stone for crib 
 ballast, the sum of $2,437 50. 
 
 It is further agreed and contracted, that this contract shall not be 
 assigned or transferred by the contractor to any other person or per- 
 sons without special permission, in writing, first obtained from the War 
 Department, and that no member of Congress shall be admitted to any 
 share or part of this contract, or to any portion of the benefit to arise 
 therefrom, 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate the party of the first part at Washington city, the 
 21st day of January, 1853, and the party of the second part at Wau- 
 kegan, Illinois, the 18th day of March, 1853. 
 
 J. J. ABERT, [L. s.] 
 Colonel Corps Topographical Engineers. 
 
 Signed and sealed by J. J. Abert, in presence of 
 
 GEO. THOMSON. . 
 
 J. R. DORSEY. 
 
 CALVIN C. PARKS. [L. s.] 
 
 Signed and sealed by Calvin C. Parks, in presence of 
 J. D. WEBSTER. 
 WM. GAMBLE. 
 
 This agreement, made this eighth day of March, 1853, between J. J. 
 Abert, colonel of the corps of topographical engineers, in the service 
 of the United States, acting with the consent and under the direction 
 of the Hon. Charles M. Conrad, Secretary of War, of the first part, 
 and Alanson Sweet, Stephen W. Ives, and Abel Hawley, of Milwaukie, 
 in the State of Wisconsin, of the second part, witnesseth : 
 
H. Doc. 71. 33 
 
 That the said Alanson Sweet, Stephen W. Ives, and Abel Hawley, 
 do hereby agree and contract to furnish and deliver, at the harbor of 
 Milwaukie, Wisconsin, at such points as may be designated by the 
 officer or agent superintending the construction of the harbor at that 
 place, the following described materials, to wit : 
 
 Two hundred and forty pieces hewn white-oak timber, thirty-two feet 
 long, twelve inches square. 
 
 Three hundred pieces hewn white oak, thirty feet long, twelve inches 
 square. 
 
 Four hundred and twenty pieces hewn white-oak, twenty-five feet 
 long, twelve inches square. 
 
 Sixty thousand feet, board-measure, 3-inch plank, six inches wide. 
 
 Six thousand pounds 1^-inch best bolt iron, in pieces twelve and 
 fifteen feet long. 
 
 Four hundred cords good hard stone for crib ballast, each cord to 
 measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One-third of the timber, plank, and iron by the 31st day of March, 
 one-third by the 30th day of April, one-third by the 31st day of May, 
 1853. 
 
 One-third of the stone by the 30th day of April, one-third by the 
 31st day of May, one-third by the 30th day of June, 1853. 
 
 The articles, as delivered on these several specified days, to be 
 measured and inspected by the officer or agent in charge of the con- 
 struction of said harbor ; and if approved and received, to be paid for 
 at the prices hereinafter stated, less ten per centum thereof; which per 
 centum will be retained from the contractor until the contract shall 
 have been fully executed, when the amount so retained will be paid to 
 him ; and in case of a failure to complete the contract, the amount of 
 the retained per centum will be forfeited to the United States, in addi- 
 tion to, and irrespective of, any other penalty which may attach to the 
 non-fulfilment of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 and engages to pay, or cause to be paid, to the party of the second 
 part, the following prices, viz : 
 
 For two hundred and forty pieces hewn white-oak timber, 
 12" X 12" X 32', the sum of $1,382 40. 
 
 For three hundred pieces hewn white-oak timber, 12" X 12" X 30', 
 the sum of $1.620. 
 
 For four hundred and twenty pieces hewn white-oak timber, 
 12" X 12" X 25', the sum of $1,890. 
 
 For sixty thousand feet, board-measure, 3-inch pine plank, six inches 
 wide, the sum of $840. 
 
 For six thousand pounds IJ-inch best bolt iron, the sum of $300. 
 
 For four hundred cords good hard stone for crib ballast, the sum of 
 $4,000. 
 
 It is further agreed and contracted, that this contract shall not be as- 
 signed or transferred by the contractors to any other person or persons 
 without special permission, in writing, first obtained from the War De- 
 partment ; and that no member of Congress shall be admitted to any 
 3 
 
34 H. Doc. 71. 
 
 share or part of this contract, or to any portion of the benefit to arise 
 therefrom. 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate the paity of the first part at Washington city, the 
 8th day of March, 1S53, and the party of the second part at Milwau- 
 
 kie, Wisconsin, the day of , 1853. 
 
 J. J. ABERT. [L. s.] 
 
 Signed and sealed by J. J. Abert, in presence of 
 GEO. THOMPSON. 
 J. R. DORSET. 
 
 ALANSON SWEET. [L. s.J 
 STEPHEN W. IVES. [L. s.J 
 ABEL HAWLEY. [L. s.] 
 
 Signed and sealed by Messrs. Sweet, Ives & Hawley, in presence of 
 CHAS. JAMES, for Alanson Sweet. 
 A. R. GRAY, for S. W. Ives. 
 J. L. BARSTOW, for Abel Hawley. 
 W. H. Cox, for Sweet, Ives & Hawley. 
 
 This agreement, made this 8th day of March, 1853, between J. J. 
 Abert, colonel of the corps of topographical engineers, in the service 
 of tire United States, acting with the consent and under the direction 
 of the Hon. Charles M. Conrad, Secretary of War, of the first part, 
 and Afenson Sweet, Stephen W. Ives, and Abel Hawley, of Milwaukie, 
 in the State of Wisconsin, of the second part, witnesseth: 
 
 That the said Alanson Sweet, Stephen W. Ives, and Abel Hawley, 
 do hereby agree and contract to furnish and deliver at the harbor of 
 Sheboygan, Wisconsin, the following described materials, to wit: 
 
 Two hundred pieces hewn white-oak timber, thirty-two feel long, 
 twelve inches square. 
 
 Three hundred pieces hewn white-oak timber, thirty feet long, 
 twelve inches square. 
 
 Four hundred pieces hewn white-oak timber, twenty-five feet long, 
 twelve inches square. 
 
 Sixty thousand feet, board measure, 3-inch pine plank, six inches 
 wide. 
 
 Six thousand pounds 1^-inch best bolt-iron, in pieces twelve and 
 fifteen feet long. 
 
 Three hundred cords good hard stone for crib ballast, each cord to 
 measure one hundred and twenty-eight cubic feet. 
 
 To be delivered as follows : 
 
 One-third of the timber, plank, and iron, by the 31 st day of March, 
 one-third by the 30th day of April, and one-third by the 31st day of 
 May, 1853. One-third of the stone by the 30th day of April, one-third 
 by the 31st day of May, and one-third by the 30th day of June, 1853. 
 
 The articles, as delivered on these specified days, to be measured 
 and inspected by the officer or agent in charge of the construction of 
 said harbor ; and if approved and received, to be paid for at the prices 
 hereinafter stated, less 10 per centum thereof; which per centum will 
 
H. Doc. 71. 35 
 
 be retained from the contractor until the contract shall have been fully 
 executed, when the amount so retained will be paid to him; and in case 
 of a failure to complete the contract, the amount of the retained per 
 centum will be forfeited to the United States, in addition to, and irre- 
 spective of, any other penalty which may attach to the non-fulfilment 
 of this contract. 
 
 The aforesaid Colonel J. J. Abert, acting as before stated, contracts 
 and engages to pay, or cause to be paid, to the party of : the second 
 part, the following prices, viz : 
 
 For two hundred pieces hewn white oak, 32' X 12" X 12", the sum of 
 $1,152. 
 
 For three hundred pieces hewn white oak, 36' X 12" X 12", the sum 
 of $1,620. 
 
 For four hundred pieces hewn white oak, 25' X 12" X 12", the sum of 
 $1,800. 
 
 For sixty thousand feet, board measure, 3-inch pine plank, six inches 
 wide, the sum of $720. 
 
 For six thousand pounds 1^-inch best bolt-iron, the sum of $300. 
 
 For three hundred cords good hard stone for crib ballast, the sum of 
 $3,000. 
 
 It is further agreed and contracted, that this contract shall not be 
 assigned or transferred by the contractors to any other person or per- 
 sons, without special permissi n, in writing, first obtained by the War 
 Department, and that no member of Congress shall be admitted to any 
 share or part of this contract, or to any portion of the benefit to arise 
 therefrom. 
 
 In testimony whereof, the said parties have signed and sealed this 
 contract in triplicate ; the party of the first part at Washington city, 
 the 8th day of Mirch, 1853, and the parties of the second part at Mii- 
 
 waukie, Wisconsin, the day of March, 1853. 
 
 J. J. ABERT, [L. s.] 
 Colonel Corps Topographical Engineers. 
 
 Signed and sealed by J. J. Abert, in presence of 
 GEORGE THOMSON. 
 J. R. DORSE Y. 
 
 ALANSON SWEET. [L. s.] 
 STEPHEN W. IVES. [L. s.] 
 ABEL HAWLEY. [L. s.] 
 
 Signed and sealed by Alanson Sweet, Stephen W. Ives, and Abel 
 Hawley, in presence of 
 
 CHAS. JAMES, for Alanson Sweet. 
 
 A. R. GRAY, for S. W. Ives. 
 
 J. L. BARSTOW, for Abel Hawley. 
 
 W. H. Cox, for Sweet, Ives and Hawley. 
 
 BUREAU OF TOPOGRAPHICAL ENGINEERS, 
 
 Washington, January 19, 1854. 
 
 SIR: I have the honor to acknowledge your direction to report upon 
 a letter from Levi Blossom, esq., attorney of Sweet, Ives & Hawiey, 
 
36 H. Doc. 71. 
 
 contractors, asking payment for materials delivered at the harbors of 
 Milwaukie, Sheboygan, Manitowoc, and Waukegan, on the west shore 
 of Lake Michigan, by said Sweet, Ives & Hawley, namely: 
 
 At Milwaukie 327 cords stone, contract price $10 $3,270 00 
 
 6,000 Ibs. round bolt iron, contract price 5 cents 300 00 
 
 3,570 00 
 
 At Rheboygan 6,000 Ibs. iron, contract price 5 cents 300 00 
 
 At Manitowoc 4,000 Ibs. iron, qonlract price 5 cents 200 00 
 
 At Waukegan-^6,QQQ Ibs. iron, contract price 5 cents 300 00 
 
 Total.. .. 4,370 00 
 
 These materials are said to have been tendered on the 1st July, 
 1853, but were not then received by the agents for want of authority. 
 
 The Milwaukie materials are certified to as having been delivered 
 on the 6th day of August; but, for the other places, Mr. B. has not 
 with him certificates of delivery. 
 
 By the records of this office the following facts appear, namely : 
 
 Manitowoc agent, Temple Clark, esq. By letter from the agent, 
 dated December 17, 1853, it appears "that there are no materials* at 
 that place ready for delivery under the Sweet, Ives & Hawley con- 
 tract." Certain sub-contractors have materials on hand and for sale, 
 which at contract prices would amount to $1,420. The owners or sub- 
 contractors will sell these materials for $970. The materials consist 
 of 70 cords of stone and 4,000 feet of lumber. 
 
 The agent reports that the above enumerated materials are in the 
 possession of the sub-contractors, who will not deliver them on account 
 of Messrs. Sweet, Ives & Hawley. 
 
 S/tcboygan agent, D. Newland, esq. By letter from the agent, dated 
 December 19, 1S53, it appears that, "I am not aware of there being 
 any materials ready for delivery at this place, under the Sweet, Ives & 
 Hawley contract, except the following : 
 
 6,000 Ibs. of l;Hnch bolt iron $300 00 
 
 20,000 feet pine plank 240 00 
 
 received as per report for July." 
 
 Milwaukie agent, H. W. Gunnison, esq. By letter dated Decem- 
 ber 15, 1853, it appears that there is "the following list of materials 
 now ready for delivery under said contract, and the contract prices 
 thereof:" 
 
 6,000 Ibs. li-inch bolt iron $300 00 
 
 327 cords stone, for crib-ballast 3,270 00 
 
 Total 3,570 00 
 
 Wauktgan agent, Wm. Gamble. By letter dated December 15, 
 1853, it appears that " all materials ready for delivery" at that place, 
 under the Sweet, Ives & Hawley contract, consist of 
 
 * Mr. Blossom states that the agent is in error; and, to his personal knowledge, iron was 
 shipped to Manitowoc on account of contractors, and is in store there. 
 
H. Doc. 71. 37 
 
 29 cords of ballast stone $348 00 
 
 5,980 Ibs. l|-inch round common Pittsburg iron, (contract 
 
 requires best bolt iron) 299 00 
 
 The agent also reports outstanding claims against the above, amount- 
 ing to $26 42. 
 
 Total value of above articles as reported $4,699 00 
 
 Deduct claims reported by Waukegan agent 26 42 
 
 4,672 58 
 
 The proposition of Mr. Blossom is to the following effect: that al- 
 though these were not delivered, technically, under the decision of the 
 honorable Secretary of the llth July, 1853, yet, being ready soon after 
 that time, and actually there now, that they be now received and paid 
 for at contract prices that is, that they be purchased at those prices ; 
 .then all future claims, of any kind or nature whatsoever, by said con- 
 tractors, under any equitable considerations of their contracts, or of the 
 decisions of the War Department, be considered as closed and aban- 
 doned, so that this settlement would be a final and conclusive settlement. 
 
 Mr. Blossom does not contend that the deliveries of his statement are 
 contract deliveries, or that they were delivered under a rigid construc- 
 tion of the decision of the honorable Secretary ; but he contends that 
 they were fair deliveries, under the equitable considerations of said 
 decision, as they had to be ready to meet " wants of the works." These 
 wants had to be anticipated, to meet the contingencies of the War De- 
 partment decision. But, unfortunately for the contractors, the wants of 
 the works did not at the time require these, and they are therefore yet 
 on the hands of the contractors, agent, and attorney. The materials 
 will, however, be wanted if the works progress, and are of that kind 
 which cannot be obtained at short notice. 
 
 It is therefore recommended 
 
 1. That materials actually on hand, as reported by agents, be bought 
 and paid for. 
 
 2. That no more be paid for the materials reported at Manitowoc, 
 than what the agent reports the sub-contractors as willing to sell for. - 
 
 3. That before paying for these materials at any place, all liens and 
 claims upon the same be adjusted, so that said materials, when deliv- 
 ered to the United States, shall be delivered free of all costs and charges, 
 except the charges of the bill of sale. 
 
 4. That the attorney of the contractors give his written consent to 
 this arrangement, and abandon, in writing, all further claims in law or 
 equity in reference to said contracts, and in reference to any decisions 
 of the War Department in reference thereto. 
 
 Respectfully, sir, your obedient servant, 
 
 J. J. ABERT, 
 Colonel Corps Top. Engineers. 
 Hon JEFFERSON DAVIS, 
 
 Secretary of War. 
 
3? !/?