GENERAL HOWARD'S STATEMENT.

The Hon. Fernando Wood, introducing his charges against me, used these words:

"That General Howard had been guilty of malversation and dereliction of duty on the following points:

First, That he has taken from the appropriations made for, and the receipts of, that bureau, more than five hundred thousand dollars, improperly and without authority of law, for the Howard University, hospital, and lands.'

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In reply, I do not deny the amount alleged to have been appropriated to the Howard University, including all the buildings constructed therewith, the hospital, with its several wards and out-buildings, and the lands, so far as the indirect aid in their purchase and the necessary grading and sewerage connected with the structures. are concerned.

But I do deny that this amount, or any amount whatever, with my knowledge and consent, has been expended "improperly and without authority of law.”

A portion of this money has been expended in the structures themselves.

By reference to the appropriation act, approved March 2, 1867, it will be seen that Congress appropriated $500,000 to the rental, repairs, and construction of buildings for the education of the people committed to my charge, and for asylums; this was for the fiscal year ending June 30, 1868. Subsequently, by act of Congress of July, 1868, all unexpended balances in the hands of the Commissioner not required for the legitimate purposes of the bureau are devoted to the work of education, according to the laws already existing. These laws, and the authorized regulations of the bureau under them, directed the educational aid from the regular appropriation to rental, repairs, and construction, the transportation of teachers, and supplies for the schools, also to the payment of superintendents, clerks, and agents, engaged in the school work. This method of expenditure was set forth in my request for the appropriation, and is evidently intended by the wording of the act of July, 1868 (section 2).

The freedmen's hospital in this District, including the main structure, all the wards and necessary outbuildings, was demanded in the reduction of the number of hospitals in different parts of the country. It was necessary to make provision somewhere for the aged, the infirm, the deranged, and the imbecile that were already on our hands, for whom it was impossible to make provision in the different States. Very many came from Virginia, Freedmen's Village, for example, where there were none to take care of them. The former system of providing for these indigent people in families became im

practicable, especially where large numbers of the inhabitants had lost their property by the war. Families to which some of the freed people belonged had become scattered or extinct, and where this was not the case I had no power of compulsion. I could not send a decrepit or imbecile freedman to a family that refused to receive him. Upon breaking up the hospital at Louisville, Kentucky, neither the State nor the city could be induced to take charge of the poor inmates, and I was obliged to bring many of them here. In my judgment the hospital, or, more accurately, the asylum for aged and infirm freedmen, became an absolute necessity Possibly the "improperly and without authority of law" may have been asserted in the charge because the government did not itself hold the land upon which these buildings were erected. There was no other method of holding land than by trustees. The act of Congress, approved March 2, 1867, which provides that the Commissioner may transfer sums of money from the "Freedmen's and Refugees' fund" to institutions incorporated shows a recognition of the organizations which may properly execute the trusts conferred by the several laws bearing upon the subject of education. There was no direct method of holding land by the government, either for educational buildings or asylums, provided for in the law itself; therefore I chose two methods that I deemed safe and right: one to use corporate bodies that from their charters could properly receive and execute the trusts imposed, and the other by an order, or orders, to impose special trusts upon selected trustees to carry out the object of an appropriation, or to aid me in the exercise of existing discretionary power. The latter method has been employed in very few cases indeed, and only when some pressing necessity seemed to me to render this course unavoidable.

The trustees of Howard University had their powers conferred by Congress, and willingly undertook, not only the work of education pertaining to the classes especially committed to my charge, but offered me the advantage of a portion of their land for the asylum. Certainly the University in its medical department receives benefits from the asylum, and will do so as long as it shall continue. Yet I can conceive of no better advantages, none more economical, than are here afforded to me as Commissioner of the bureau for its purposes. It is found by the testimony that a portion of the $500,000 named was transferred to the University for its use. This came from the "Freedmen's and Refugees' fund" and was therefore in exact accordance with the act referred to above (act of March 2, 1867).

If it be claimed that the University charter does not call for the education of refugees and freedmen, or their children, the answer is, that its charter is not limited; that in the reception of all the funds derived from the government the University corporation formally accepted the conditions expressed in the order of transfer and in the contrac's for building. The deeds of transfer of the buildings also expressly demand and secure the fulfillment of this important condition. The uniform interpretation of the law with reference to "Refugees' and Freedmen's fund" has been, as it was doubtless originally intended, to comprehend any incorporated institutions that would obligate themselves faithfully to educate refugees and freedmen and their children.

The preliminary meetings of the trustees of the Howard University show beyond question that the original design was the education of freedmen and their descendants: and the classes in the several departments, from its beginning till now, show that that design has been carried into execution-the charter is not limited, but was intended to comprehend this object.

Do I not, then, rightly claim that the appropriation made for, and the receipts of the bureau which have been devoted to the Howard University, hospital, and lands, have been used properly and with express authority of law?

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Second, That portions of the land alleged to have been sold for the benefit of the Howard University fund were disposed of improperly to members of his own family and officers of his staff.”

The second point is not true. No members of my family nor officers of my staff have owned any of the land. Some officers of the bureau have purchased land, as did other people, at the market price, and I have never in any way sought to influence or control the sales in their favor.

"Third, That bonds issued in aid of the First Congregational Church of the city of Washington were taken in payment for a portion of this land, which have not yet been redeemed or paid, nor have they been returned in his official accounts as such."

The third point is not true; certainly I have no knowledge of any such transaction. If it were true it would in no way apply to me, for I could not officially account to the government for the property of the University.

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Fourth, That the University building and hospital were built of patent brick furnished by the American Building-Block Company; in which General Howard, Charles Howard, General E. Whittlesey, and J. W. Alvord, all attached to the bureau, were interested as stockholders."

The fourth point, so far as my interest in the Washington BuildingBlock Company is concerned, is not true. I was in the company, but left it before commencing to build the structures of the Univer sity of the material in question.

The other gentlemen named remained in the company, as I firmly believe, with no intention of wrong-doing.

The operation in the manufacture gave employment to a large number of colored men that were then out of employment. The specimen material seemed excellent, and they believed they were doing a good work by this investment of their means with no very considerable prospect of profit at the low price at which they pro-posed to furnish the block. The business head and manager, as well as the employés at the yard, had no government position. As now appears, no dividend was ever declared, and these gentlemen have realized nothing thus far from their investment.

Fifth, That the specifications for the construction of those buildings provided that the material used in their erection should be taken from the brick made by this company, thus preventing competition, and securing the use of that brick, and no other, for that purpose."

The fifth point is a mistake. By reference to the University,

hospital, and dormitory contracts it will be seen the specifications were confined to the class of material, viz.: "American building-block," not to the company, as specifications always do provide for specific material in any given building. The competition, it is true, was not great, because this company could make block for less than it could be made and transported from New York and Philadelphia, where were the nearest works of manufacture.

The company never put the block or its heavier material, e. g. the corner blocks, water-table, &c., at as high prices as at New York. I was much pleased with the building-block; the recommendations were abundant from our first scientific men and experts; the specimens were handsome, those that had age were very fine. Our trus tees, without any exception, approved of the material and asked for its use by a unanimous resolution.

The University and dormitory stand so firmly that experts and experienced builders express complete confidence in their safety and durability. I have had no mercenary motive whatever in the use of this patent block.

"Sixth, That the brick so used was unfit and nearly worthless; parts of the building have fallen down in consequence, and other parts have since been repaired and rebuilt, at an expense of $13,000.”

The sixth point will certainly not apply to the University nor to the dormitory, and I doubt not a different report would have been made even of the hospital building had it not been subjected to so unfavorable conditions in building-to frost, thaw, and heavy rain.

It will be observed that the University, including all that was added to perfect the structures and the present hospital building, including the loss, compare most favorably in point of cost with any other large buildings in this city or elsewhere.

"Seventh, That by his consent and knowledge lumber belonging to the government was used by this company and appropriated to its own benefit, being resold to its employés."

The seventh point is far from being true. The University did lease an old building or buildings to the company (Coyle's old sand lease of one acre became the company's), and the University repaired these buildings; I never authorized the issuing of lumber to the BuildingBlock Company.

Once an officer said to me that some lumber had been improperly taken to the works, and I told him to demand payment of the company if this was true, as has been shown in the testimony of Major Brown. Eighth, That he pays rent to the Howard University from the funds of the bureau for the privilege of a headquarters."

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The eighth point is true. I have rented most of one floor and part of another for the purposes of the bureau since the building became the property of the University, not before. When in town the buildings I was obliged to rent cost much more, and the pay went to private parties, while now the money goes to pay the teachers of the children of freedmen. In this way we have economy to the government and have secured good accommodations for the bureau work.

"Ninth, That he draws three salaries, viz.: one as a brigadier general in the United States army, another as Commissioner of the Freedmen's Bureau, and a third as head of the Howard University."

STATEMENT OF GENERAL HOWARD.

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The ninth point is in no sense true. The salary of the president, which is fixed by the recorded resolution, I have never drawn. To draw the salaries of Commissioner and of my rank in the army at the same time would not be possible. I have never attempted it. I have drawn my army pay and allowances, which are less than I would have received commanding a department. The sum fixed by law for the Commissioner has been saved.

"Tenth, That he has paid from the funds of the bureau over $40,000 for the construction of the First Congregational Church in this city, taking the church bonds in return, which he has either returned in his accounts as cash on hand or sent South for the purposes of the bureau."

The tenth point is surely not sustained by facts. The treasurer and agent of the University and the treasurer of the incorporated Normal School at Richmond, Va., did invest in the notes or bonds, secured by deed of trust upon the church property, but not by my orders or instructions. The security is good, and I have no doubt of the propriety of this investment. The institutions have suffered no loss by it, and it is intended by all parties concerned they shall not. Eleventh, He has advanced a large sum from the funds of the bureau to the Young Men's Christian Association of this city, taking their bonds in payment, which have been sent to Tennessee to help the Freedmen's schools in that State."

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The eleventh point is not true at all. I have only given my private subscription to the Young Men's Christian Association, and never directly or indirectly any government funds whatever. did sell, as has been shown in evidence, $1,500 of the Young Men's Christian Association stock that I held, to a corporate body, the Fisk University, guaranteeing it at par, and have since fulfilled my guarantee.

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Twelfth, That he caused or knowingly allowed lands in this city, owned by an officer of the bureau, to be transferred to a freedmen's school in North Carolina, the officer taking the money appropriated for that school and the school the lands in this city; thus perpetrating a fraud both upon the government and the freedmen."

The twelfth point gives, as I view it, a false impression. Surely no officer of the bureau, other than myself, has ever, to my knowledge, transferred any lands to any freedmen's school. If there is blame in the actual transaction doubtless referred to in this point I alone must bear it. I received through J. M. McKim, Secretary of the Freedmen's Union Commission from England, some money to invest in land for freedmen, or in some agricultural operation connected with them. It was when the black men were not so popular as they are now, and lots could not be purchased by those in need except for cash. Through Dr. J. M. Thompson I learned that I could obtain a square or half square of land from Moses Kelly, Esq., by the payment of part cash and the rest in mortgage notes with deferred payments. I wrote to Mr. McKim and asked if I had not better invest the money (about $1,000) in this land, and sell lots on time to the freedmen, and as the money came in reinvest it for a similar purpose. He expressed his cordial approbation of my plan.