United States v. Adams (74 U.S. 463)/Opinion of the Court

APPEAL from the Court of Claims.

The suit was founded on the petition of Adams, claiming a balance against the government on contracts with General Fremont, commanding the Western Military District, for the construction of a certain number of mortar-boats and steam tug-boats, to be used on the Western rivers in the late civil war. The contracts were alleged to have been made on or about the 24th of August, 1861, for the mortarboats, at a cost of $8250 each; and on or about the 10th of September following, for the steam tug-boats, at the cost of $2500 each. The petitioner was also to build cabins and pilot-houses, and construct steering apparatus, and windlasses on the steam-tugs, for which he was to receive the sum of $1800 in addition for each boat.

After these boats were constructed they were received into the service of the government by the orders of the Secretary of War. This was in the latter part of November, 1861. Previous to this, on the 14th of October, of that year, General Fremont was superseded in his command. And, in consequence of representations of frauds and irregularities committed by General McKinstry, the chief quartermaster of the army of this military district, who had charge of making contracts for supplies and materials necessary for equipping the troops for the expedition contemplated, and who made the contracts, among many others, in question, the Secretary of War, by order of the President, suspended payments upon all contracts within the department until an investigation could be had into the charges thus made.

General McKinstry was afterwards dishonorably dismissed the service for frauds found to have been committed against the government while serving as chief quartermaster of this army. And, after his suspension, on the 25th of October, 1861, the secretary, by a like order, appointed a board of commissioners 'to examine and report, to the Secretary of War, upon all unsettled claims against the military department of the West, that had originated prior to the 14th of October, 1861, the day General Fremont had been superseded.' This board, composed of three gentlemen of the highest intelligence and character (Messrs. David Davis, Joseph Holt, and Hugh Campbell), met, without delay, at the city of St. Louis, the headquarters of the military department in which the irregularities and frauds in its administration, as charged, had been committed, and entered upon their duties; first giving notice to all persons holding claims against the government to present them for examination, with such proofs and explanations as the claimant might think proper to exhibit. Under this notice, the petitioner, on the 10th of December, 1861, presented his claims, which were as follows:

The United States to Theodore Adams, Dr.

For building 38 mortar-boats for the United States, as

per order of Major-General Fremont, herewith

attached, August 24, 1861,........ $313,500

Deduct this amount, paid by Major McKinstry on the

--- day of ---........... $75,

Deduct this amount, paid by Major A. Allen,

quartermaster, 7th to 12th November, 55,

On this account the commissioners allowed the

petitioner........................ $75,959 24 For building 4 hulls for tug-boats for the United States,

as per contract herewith, dated September 10, 1861,

by Major McKinstry, quartermaster, at $2500 each,. $10,000

For building 4 hulls for tug-boats for the United States,..........................................

as per contract herewith, by Major McKinstry,

quartermaster, dated September 21, 1861, at $

each,............................. 10,000

For building 8 cabins for tug-boats for the United

States, as per contract herewith, dated September

20, 1861, by Major McKinstry, quartermaster, for

$1800 each,....................... 14,400

Deduct amount already paid,........ 9,000

Balance,........................... $25,400