or justice, prevent me from being paid the reasonable value of the work, unrestricted by the contract prices if I have done work, as I claim, radically different from the work I contracted to do.

In the bill framed for my relief I ask nothing but fair and equitable compensation for the work done by me. I have done it to the satisfaction of the government. I have done it economically. I can show fully and satisfactorily every item of the cost of the work. GEORGE WILLIAMS.

DISTRICT OF COLUMBIA,

County of Washington:

Personally appeared the within named George Williams, on this the 17th day of May, 1878, and made oath to the truth of the within writing by him signed before me. JOHN BAILEY,

EXHIBITS.

Justice of the Peace.

EXHIBIT A.

Articles of agreement entered into Dec. 13, 1875, between Major Walter McFarland of the one part, and Matthew G. Kennedy of the other part, for work on the third, fourth, fifth, and sixth sections of the canal around Big Muscle Shoals, in the Tennessee River.

Articles of agreement entered into this thirteenth day of December, eighteen hundred and seventy-five (1875), between Major Walter McFarland, Corps of Engineers, U. S. Army, for and in behalf of the United States, of the first part, and Matthew G. Kennedy, of Hanceville, in the county of Blount, State of Alabama, of the second part.

This agreement witnesseth that the said parties have mutually agreed, and by these presents do mutually covenant and agree, to and with each other in the manner following, namely: That the said Matthew G. Kennedy shall, in conformity with the advertisement and specifications hereunto attached, and which form a part of this contract, do the work of repair and improvement in the third, fourth, fifth, and sixth sections of the canal around Big Muscle Shoals in the Tennessee River, at the following rates, namely: Clearing and grubbing, at the rate of thirty-five dollars ($35) per acre; earth excavation, at the rate of fourteen (14) cents per cubic yard; construction of slope wall, at the rate of one dollar and seventy-five cents ($1.75) per cubic yard; earth embankment at the rate of twelve (12) cents per yard in the third and fourth sections, and thirteen (13) cents per cubic yard in the fifth and sixth sections; rock excavation at the rate of one dollar and ten cents ($1.10) per cubic yard in the third and fourth sections; and ninety-five (95) cents in the fifth and sixth sections. That all materials furnished and work done under this contract shall, before being accepted, be subject to a rigid inspection by an inspector appointed on the part of the government, and such as shall not conform to the specifications set forth in this contract shall be rejected. The decision of the engineer officer in charge as to quality and quantity shall be final.

That the said Matthew G. Kennedy shall commence work under this contract on or before the twentieth day of December, eighteen hundred and seventy-five, (1875,) and shall complete the same on or before the thirty-first day of May, eighteen hundred and seventy-six (1876).

That payment shall be made when the work contracted for shall have been delivered and accepted, reserving ten (10) per centum from each payment until the whole work shall have been so delivered and accepted.

And it is also agreed that if, in any event, the party of the second part shall delay or fail to commence with the delivery of the material or the peformance of the work at the day specified herein, or shall, in the judgment of the engineer in charge, fail to prosecute faithfully and diligently the work in accordance with the specifications and requirements of this contract, then, in either case, the party of the first part, or his successor legally appointed, shall have the power, with the sanction of the Chief of Engineers, to annul this contract by giving notice in writing to that effect to the party (or parties, or either of them) of the second part; and upon the giving of such notice, all money or reserved percentage due or to become due to the party or parties of the second part by reason of this contract shall be and become forfeited to the United States; and the party of the first part shall be thereupon authorized, if an immediate performance of the work or the delivery of the materials be, in his opinion, required by the public exigency, to proceed to provide for the same by open purchase

or contract, as prescribed in section 3709 of the Revised Statutes of the United States: Provided, however, that if the party (or parties) of the second part shall by freshets, ice, or other force or violence of the elements, and by no fault of his or their own, be prevented either from commencing or completing the work, or delivering the materials at the time agreed upon in this contract, such additional time may, in writing, be allowed him or them for such commencement or completion as, in the judgment of the party of the first part, or his successor, shall be just and reasonable; but such allowance and extension shall in no manner affect the rights or obligations of the parties under this contract, but the same shall subsist, take effect, and be enforcible precisely as if the new date for such commencement or completion had been the date originally herein agreed upon.

And it is further expressly understood and agreed that no claim whatever shall at any time be made upon the United States by the party or parties of the second part for or on account of any extra work or material performed or furnished, or alleged to have been performed or furnished, under or by virtue of this contract, and not expressly, bargained for and specifically included therein, unless such extra work or materials shall have been expressly required in writing by the party of the first part or his successor, the prices and quantities thereof having been first agreed upon by the contracting parties, and approved by the Chief of Engineers.

And it is also further agreed by the parties of the second part, as required by the 14th section of the act of Congress approved July 17, 1862, that neither this contract nor any interest therein shall be transferred to any other party or parties, and that any such transfer shall cause the annulment of the contract as far as the United States are concerned.

Tennessee River, Improvement, Muscle Shoals Canal.

U. S. ENGINEER OFFICE, Chattanooga, Tenn., September 28th, 1875. Sealed proposals, in duplicate, will be received at this office until noon on Monday, November fifteenth (15), 1875, for the excavation of earth, rock, etc., in the construction of the canal around Muscle Shoals, in the Tennessee River, between Florence and Dacatur, Alabama.

Specifications and forms for proposals will be furnished on application to this

office.

SPECIFICATIONS.

WALTER MCFARLAND,
Major of Engineers.

The work to be done under this advertisement is limited to the repair and enlargeent of the upper half of the old canal built around Big Muscle Shoals in the Tennessee River, forty years ago. The canal is now in a ruined condition; the tow-path embankment being broken in many places, the dams and lock-gates carried away, the canal trunk partly filled with earth and sand, and both bed and banks covered with a heavy growth of timber and brush.

The work to be done consists of clearing and grubbing, the removal of the material that has washed into the canal, the repair, heightening, and strengthening of the embankment, and the widening and deepening of the canal trunk.

The material to be removed is EARTH, often mixed with sand, gravel, and loose stone, it to be designated as earth in the bids; and ROCK, consisting of limestone mixed with flint. The thickness of rock to be removed varies from four (4) feet to a few inches.

The material has in no case to be raised over twelve (12) feet, or to be moved in general over one hundred (100) feet, the extreme width for the proposed canal. The greater part of it will be carried over the canal embankment and deposited on the tside. A part of it will be used to heighten the embankment about two feet. The breaks in the embankment will be repaired by removing from the sides and bottoms of the breaks all vegetable mould and growths of all kinds, and filling the opening thus prepared with material similar to that composing the rest of the em bankment, placed in layers twelve (12) inches in thickness, and well rammed.

The embankment is to be raised and strengthened where necessary, in a similar way, and the outer and inner slopes are to be shaped as required.

The outer slope of the embankment is to be protected where required by a dry stone apron or slope wall, the stone to have beds not less than twelve or eighteen inches quare, and to be carefully laid by hand.

The work is divided into seven sections, as follows:

SECTION 1. Extends from First Creek to Second Creek, a distance of about one mile and a half.

SECTION 2. Extends from Second Creek half way to Bluewater Creek; length, about one mile.

SECTION 3. Extends from the lower end of section 2 to Bluewater Creek; length, about one mile.

SECTION 4. Extends from Bluewater Creek, near station 1,140, to station 1,190, about one mile.

SECTION 5. Extends from station 1,190 to station 1,240, about one mile. SECTION 6. Extends from station 1,240 to station 1,290, about one mile. SECTION 7. Extends from station 1,290 to station 1,340, about one mile, its lower end being a little more than one mile above Four Mile Creek.

Grubbing and clearing.-About twelve acres per lineal mile. Embanking.-About thirty-five hundred cubic yards per lineal mile. These quantities are given as approximations only; and it is to be clearly understood that if they shall at any time be reduced, by reason of any change which the government may decide to make in the proposed dimensions of the canal, such reduction is not to be assumed as the basis of the claim against the government for damages or loss of prospective profits on the part of the contractor.

The line of the canal is intersected by various small creeks, against whose overflow it may become necessary for the contractor to protect his work by throwing temporary dams across the canal. These dams would be from seventy to one hundred feet in length, and their cost, as well as the cost of any other temporary protections which his work may require, must be borne by the contractor himself.

Bidders will bid for one or more sections as they may choose, but separate bids will be made for each section.

Each bid must cover all the work to be done in the section to which it relates, and must give the proposed price of, first, grubbing and clearing, per acre; second, earth excavation, per cubic yard; third, earth embankment, per cubic yard; fourth, rock excavation, per cubic yard; fifth, slope wall, per cubic yard.

Special attention is called to the printed instructions to bidders to be found on the second sheet of the form of proposals.

Work must be begun, under the contracts to be formed, by the first of December, 1875, and must be finished by the thirty-first of May, 1876.

Bidders are advised to examine the work in person before offering their bids. An engineer is stationed at Florence, Alabama, who will accompany them to and over the work when desired, and will furnish such additional information as may be required.

WALTER MCFARLAND,
Major of Engineers.

No member of Congress, officer or agent of the government, or any person employed in the public service, shall be admitted to any share herein, or any benefit which may

arise herefrom.

In witness whereof the undersigned have hereunto placed their hands and seals the day and date above written.

(Executed in quintuplicate.) Witnesses: PAUL LE HARDY.

PAUL LE HARDY.

WALTER MCFARLAND, [L. S.]
Major of Engineers.
MATTHEW G. KENNEDY. [L. S.]

I do solemnly swear that the copy of contract hereto annexed is an exact copy of a contract made by me personally with Matthew G. Kennedy; that I made the same fairly, without any benefit or advantage corruptly to the said Matthew G. Kennedy

or any other person; and that the papers accompanying include all those relating to the said contract as required by statute in such case made and provided. WALTER MCFARLAND,

Major of Engineers.

Subscribed and sworn to before me this 12th day of January, 1876.

EXHIBIT A 2.

Power of attorney.-Matthew G. Kennedy to George Williams, dated August 11, 1876. SECOND COMPTROLLER'S OFFICE, August 15, 1876. The within power of attorney is, in my opinion, "sufficiently formal, and will warrant the payment to the attorney of moneys to become due for work performed under the contract.”

(S'gd)

C. C. CARPENTER,

Comptroller.

Know all men by these presents that I, Matthew G. Kennedy, of Hauncoville, Blount County, Alabama, do hereby constitute and appoint George Williams, of Keokuk. Lee County, Iowa, my true and lawful attorney, in my name, place, and stead to receive and receipt for any and all moneys due and to become due to me under the contract made between myself and Major Walter McFarland, of the United States Engineers, for work on sections three (3), four (4), five (5), and (6) six, on the canal around Big Muscle Shoals,” in the Tennessee River, dated the thirteenth (13) day of December, eighteen hundred and seventy-five (1875), hereby authorizing my said attorney to sign and execute any receipts, vouchers, and papers, and do all other acts and things that may be necessary and proper in the premises, in my name and behalf, the same as if I were personally present and did the same.

And in consideration of moneys advanced and to be advanced to complete my said contract, I make this power irrevocable.

In witness whereof I have hereunto signed my name and affixed my seal this the 11th day of August, 1876.

Witness.

T. G. LAMBERTH:

T. M. GREEN.

THE STATE OF ALABAMA,

Lauderdale County:

MATTHEW G. KENNEDY.

J. William B. Taylor, a notary public in and for the State and county aforesaid, hereby certify that Matthew G. Kennedy, whose name is signed to the foregoing power of attorney, and who is personally known to me to be the identical person who executed the same, this day personally appeared before me, and, being informed of the contents of the said instrument, acknowledged the same to be his voluntary act and deed.

Given under my hand and official seal this the 11th day of August, A. D. 1876. WM. B. TAYLOR, Notary Public.

STATE OF ALABAMA,

Lauderdale County:

I, James Jackson, judge of the probate court for said State and county, which court is a court of record, hereby certify that Wm. B. Taylor is a notary public for this county, duly commissioned, and his acts are entitled to full faith and credit. Given under my hand and seal of office, at Florence, this 11th day of August, A. D. 18762

JAMES JACKSON,
Probate Judge.

[EXHIBIT B.]

Articles of agreement entered into March 31st, 1876, between Major Walter McFarland, Corps of Engineers, of the one part, and George Williams, of Keokuk, Iowa, of the other part, for the construction of locks numbers three (3) and four (4) of the Muscle Shoals Canal.

Articles of agreement entered into this thirty-first day of March, eighteen hundred and seventy-six (1876), between Major Walter McFarland, Corps of Engineers U. S. Army, for and in behalf of the United States, on the first part, and George Williams, of Keokuk, in the county of Lee, State of Iowa, of the second part.

This agreement witnesseth that the said parties have mutually agreed, and by these presents do mutually covenant and agree, to and with each other, in the manner following, namely: That the said George Williams shall, in conformity with the advertisement and specification hereunto attached, and which form a part of this contract, furnish the material and do the work required in the construction of the locks of the Muscle Shoals Canal, designated in the addendum to the specifications as numbers three (3) and four (4), at the following rates, viz:

1. Earth Excavation-Fifty (50) cents per cubic yard.

2. Rock Excavation-Two dollars ($2.00) per cubic yard.

3. Cut Stone Masonry-Sixteen dollars ($16.00) per cubic yard, set.

4. Rubble Masonry-Seven dollars ($7.00) per cubic yard, laid.

5. Concrete-Seven dollars ($7.00) per cnbic yard, laid.

6. Timber-Five dollars ($5.00) per thousand feet, board measure, laid.

7. Wrought Iron-Six (6) cents per pound, in place.

8. Cast Iron Five (5) cents per pound, in place.

9. Removal of Masonry of all locks-One dollar ($1.00) per cubic yard.

And it is further agreed that the stone of the old locks, which are to be taken down, is to be used as far as practicable in the construction of the new locks, and for all stone so used the party of the second part shall pay as follows:

10. Stone used as Facing-Two dollars ($2.00) per cubic yard.
11. Stone used as Backing-One dollar ($1.00) per cubic yard.
These amounts to be deducted from the amounts of his estimates.

That all materials furnished and work done under this contract shall, before being accepted, be subject to a rigid inspection by an inspector appointed on the part of the government, and such as does not conform to the specifications set forth in this contract shall be rejected. The decision of the engineer officer in charge as to quality and quantity shall be final.

That the said George Williams shall commence work under this contract on or before the first day of May, eighteen hundred and seventy-six (1876), and shall complete the entire work contracted for on or before the thirtieth day of June, eighteen hundred and seventy-seven (1877).

That payment shall be made when the work contracted for shall have been delivered and accepted, reserving ten (10) per centum from each payment until the whole work shall have been so delivered and accepted.

And it is also agreed that if, in any event, the party of the second part shall delay or fail to commence with the delivery of the material or the performance of the work at the day specified herein, or shall, in the judgment of the engineer in charge, fail to prosecute faithfully and diligently the work in accordance with the specifications and requirements of this contract, then, in either case, the party of the first part, or his successor legally appointed, shall have power, with the sanction of the Chief of Engineers, to annul this contract by giving notice in writing to that effect to the party (or parties, or either of them) of the second part; and, upon the giving of such notice, all money or reserved percentage due or to become due to the party or parties of the second part by reason of this contract shall be and become forfeited to the United States; and the party of the first part shall be thereupon authorized, if an immediate performance of the work or delivery of the materials be in his opinion required by the public exigency, to proceed to provide for the same by open purchase or contract, as prescribed in section 3709 of the Revised Statutes of the United States: Provided, however, that if the party (or parties) of the second part shall by freshets, ice, or other force or violence of the elements, and by no fault of his or their own, be prevented either from commencing or completing the work, or delivering the materials at the time agreed upon in this contract, such additional time may, in writing, be allowed him or them for such commencement or completion as, in the judgment of the party of the first part or his successor, shall be just and reasonable; but such allowance and extension shall in no manner affect the rights or obligations of the parties under this contract, but the same shall, subsist, take effect, and be enforceable precisely as if the new date for such commencement or completion had been the date originally herein agreed upon.