David Davis

“ The claimant here had a valid and regular executory contract to furnish a number of arms of a certain description at a fixed price. It was made upon the exhibition of a sample, which proved satisfactory to the agents and experts of the government. The arms were to be inspected by those agents and experts according to that sample; and they were to be rejected if found unsatisfactory, and accepted if found satisfactory. Arms of the kind contracted for were delivered, and upon full inspection by the experts of the United States, were accepted and appropriated to the contract. ”

“ It is always in the power of parties to compromise their differences. One way of doing this is by arbitrators, mutually chosen, but from such submission neither party is at liberty to withdraw after the award is made. The condition of the government creditor is better than this, for if dissatisfied with the allowance made him by the commission, he can refuse to receive it, or can accompany his receipt of it, if he chooses to take it, with a proper protest. ”

“ Nor has the Court of Claims found that any of the arms were not 'good, serviceable arms, fit in all respects for use in the field.' The court has found that the sample arm 'was not equal to the Springfield refle,' and that 'the Justice arms were far from being a first-class arm.' But that might well be, and yet the arms might nevertheless have been good and serviceable. Indeed, Lieutenant Treadwell states that while they were inferior to the Springfield arm, and could not have passed inspection if subjected to that standard, he believed they would prove 'good and serviceable.'
3. ”

“ Nor will it be denied that where a party offers to furnish articles like guns to the government, whose officers are experts, subject to the inspection of those officers by a samble delivered and examined at the time, and, after acceptance of the offer, the guns are delivered and inspected, approved and received in good faith, the government is concluded by the determination of its official inspectors and advisers, and cannot withhold payment of the agreed price on the ground that the guns were not suitable to the public service. ”

“ When the claimant exposes the error of the first report, he protests against any repudiation of the contract on the part of the government. Afterwards he receives, in due course of business, from the Treasury Department, a draft for $2301.25 and certificates of indebtedness for $6000, and, in a letter to the United States Treasurer, he acknowledges the receipt of this draft and these certificates, amounting in all to $8301.25. He gives no other receipt or acquittance. ”

“ But if they could be, the character and amount of the deduction from the face of the voucher preclude the idea that he took, or meant to take, the reduced amount in satisfaction of this debt. By the manner of stating this account in the auditor's office, the government proposed to enforce restitution of over $8000 already in the pocket of the claimant, for arms not embraced at all in this voucher. A reduction was made of the price, not only of 472 muskets in this voucher, but of over 800 other muskets long since paid for ”

“ It showed that many of the guns were made up of parts of condemned muskets; that the stocks were of soft, unseasoned wood, and were defective in construction; that most of the barrels abounded in flaws; that many locks were defective, that the sights had been merely soldered on, and came off with the gentlest handling; that the bayonets bent 'like lead,' and came off, and that so many of the guns burst that the men were afraid to use them ”