Whilst the Committee do not deem it important to decide this question, they say, that in their judgment it would require a very liberal construction of the law to bring these sales within its provisions.
It also appears that on the 21st day of November last, Mr. Belknap made application to the Secretary of War for the purchase of from one to two hundred and fifty thousand United States muskets, flint-locks and altered to percussion, at $2.15 each; but the Secretary alleges that the acceptance was made under a misapprehension of the price bid, he supposing it was $2.50 each, instead of $2.15.
Mr. Belknap denies all knowledge of any mistake or misapprehension, and insists upon the performance of his contract.
The present Secretary refuses to recognize the contract, and the muskets have not been delivered to Mr. Belknap.
Mr. Belknap testifies that the muskets were intended for the Sardinian government.
It will appear by the papers herewith submitted, that on the 29th of December, 1859, the Secretary of War ordered the transfer of 65,000 percussion muskets, 40,000 muskets altered to percussion, and 10,000 percussion rifles, from the Springfield Armory and the Watertown and Watervliet Arsenals, to the Arsenals at Fayetteville, N. C., Charleston, S. C., Augusta, Ga., Mount Vernon, Ala., and Baton Rouge, La., and that these arms were distributed during the spring of 1860 as follows:
| Percussion muskets. | Altered muskets. | Rifles. | |
|---|---|---|---|
| To Charleston Arsenal, | 9,280 | 5,720 | 2,000 |
| To North Carolina Arsenal, | 15,480 | 9,520 | 2,000 |
| To Augusta Arsenal, | 12,380 | 7,620 | 2,000 |
| To Mount Vernon Arsenal, | 9,280 | 5,720 | 2,000 |
| To Baton Rouge Arsenal, | 18,580 | 11,420 | 2,000 |
| 65,000 | 40,000 | 10,000 |
All of these arms, except those sent to the North Carolina Arsenal,[[12]] have been seized by the authorities of the several States of South Carolina, Alabama, Louisiana and Georgia, and are no longer in possession of the United States.
It will appear by the testimony herewith presented, that on the 20th of October last the Secretary of War ordered forty columbiads and four thirty-two pounders to be sent from the Arsenal at Pittsburg to the fort on Ship Island, on the coast of Mississippi, then in an unfinished condition, and seventy columbiads and seven thirty-two pounders to be sent from the same Arsenal to the fort at Galveston, in Texas, the building of which had scarcely been commenced.
This order was given to the Secretary of War, without any report from the Engineer department showing that said works were ready for their armament, or that the guns were needed at either of said points.