As I shall have occasion, before leaving, of submitting several nominations for your consideration, I shall defer making any at this date to fill the vacancy which has thus occurred. I am making every exertion to leave at the earliest possible moment. My business affairs, of course, require some attention previous to my departure. I will advise you from Cincinnati or St. Louis of my move ments. Very respectfully, Hon. Wм. M. MEREDITH, J. COLLIER, Collector, &c. TREASURY DEPARTMENT, April 20, 1849. SIR: I have to acknowledge the receipt of your several letters of the 4th instant and that of the 12th instant, from Steubenville, Ohio. Should you have arrived at any definite conclusion on the subject of procuring proper warehousing accommodations at San Francisco, Upper California, and for the custom-house, referred to in your letters, you will find the enclosed form an aid in enabling you to put any agreement you may make on the subject in proper form, for submission to this department for its sanction. I am, very respectfully, your obedient servant, JAMES COLLIER, Esq., Secretary of the Treasury. Collector of Customs, district of. Upper California, Articles of agreement made and concluded this twenty-eighth day of April, in the year eighteen hundred and forty-nine, by and between Daniel Saffarrans of the first part, and the United States of America, by James Collier, collector of the district of San Francisco, California, acting by the direction and authority of William M. Meredith, Secretary of the Treasury, of the second part. The said party of the first part, for the considerations hereinafter mentioned, doth for himself, his heirs, executors, and administrators, hereby covenant with the said party of the second part, that he will well and substantially erect, build, and finish a store or building in said San Francisco, of the dimensions and description hereinafter mentioned, the whole subject to such modifications and alterations as the said collector of San Francisco shall require or approve, to wit: Said stores to be four stories high, twenty-five feet wide, and one hundred feet long, to be constructed of iron and brick, so far as may be necessary to make them strictly fireproof, and to be built in the strongest and most approved manner, the said collector reserving to himself the sole power and privilege of selecting the site or ground upon which said store or stores shall be erected. It is further understood that said collector is to lease said store or stores of said party of the first part for the term of fifteen years. The rent per annum to be determined upon and fixed by the collector, at the time said store or stores shall be erected and received by said collector. And the said party of the first part doth further covenant, that he will erect and finish said store in such manner as the said collector shall require or approve, so that the said store shall be ready for occupancy on or before the first day of September, eighteen hundred and fifty. And the said party of the first part doth further covenant, that whenever the said store shall be erected and finished and ready for occupancy to the acceptance of said collector, he will lease, and he doth hereby lease, the said store to the said party of the second part for a term commencing on the day when the said collector shall approve and accept of said store, and terminating on the expiration of the term aforesaid, to wit: fifteen years from the time they are received by said collector, upon the terms and conditions and for the rent hereinafter mentioned. And the said party of the first part doth further covenant, that the said store is free from all incumbrance, and that the United States shall not be liable for any lien upon said store during the term aforesaid, or any other claim of any nature whatsoever, except only the rent hereinafter stipulated, and that he will keep the said store in good order and sufficient repair-injuries arising from the misconduct of officers of the government only excepted. And the said party of the second part do hereby covenant with the said party of the first part, his heirs, executors, and administrators, that whenever the said store shall be ready for the occupancy to the acceptance of the said collector, they will hire and lease of the said party of the first part the said store, upon the terms and conditions and for the period herein mentioned; that they will pay rent for the said store, at the rate of dollars per annum, said rent to be paid quarter-yearly on the first of January, April, July, and October; and that the said rent on said store shall commence as soon as the same be ready for occupancy and accepted by the said collector as aforesaid. And it is further agreed by the said parties of the first and second parts, that should the said store be destroyed or injured by fire, or the action of any of the elements, so that the same shall become untenantable, the said party of the first part shall rebuild and repair the same as soon as practicable; and the rent of said store shall cease and remain discontinued during all the time the occupancy of said store shall be interrupted or prevented from the causes aforesaid, or any other cause not arising from the act or default of the Secretary of the Treasury or the collector aforesaid. In testimony whereof, the said parties to these presents, on the day and year first above written, have hereunto, and to two other copies of the same, interchangably set their hands and seals, the said party of the first part in person, and the United States by James Collier, collector, acting as aforesaid; and William M. Meredith, Secretary of the Treasury, in evidence of the authority aforesaid and of his approval of the premises, has hereunto affixed his official signature. DANIEL SAFFARRANS. [L. S. [L. S. Collector of the District of Upper California. Signed, sealed, and delivered in presence of SAML. T. WYLIE. N. HEADINGTON. STATE OF OHIO, Hamilton county, sct: Personally appeared before me, the undersigned, a notary public in and for the county and State aforesaid, on this twenty-eighth day of April, A. D. eighteen hundred and forty-nine, Daniel Saffarrans and James Collier, the parties to the foregoing instrument, and severally acknowledged the same to be their voluntary act and deed for the uses and purposes therein mentioned. In testimony whereof, I have hereunto set my hand and affixed my SAML. T. WYLIE, Notary Public. The foregoing articles of agreement are approved on the following express reservations and conditions only, to wit: First. That wherever the name of James Collier, collector of the dis trict of San Francisco,. California, is mentioned, or where the words collector or said collector are used, they shall be deemed and understood to mean and apply to the collector of the district aforesaid in his official capacity for the time being. Second. That this agreement is understood and intended to apply to the construction and renting of one "store or building" only, and to no more, unless hereafter deemed necessary, and then rented with the approbation of the Secretary of the Treasury. Third. The rate of rent to be paid for the building to be agreed upon by the collector, subject expressly to the approval of the Secretary of the Treasury. Fourth. The rent stipulated for to depend upon and to be paid out of appropriations expressly made by Congress for the purpose, and from no other source, or according to the existing laws at the time of payment. In witness whereof, I, William M. Meredith, Secretary of the Treasury, have hereunto signed my name and affixed the seal of the Treasury Department, this eighth day of May, in the year of our Lord one thousand eight hundred and forty-nine. [L. S.] W. M. MEREDITH, Secretary of the Treasury. I, William M. Meredith, Secretary of the Treasury, do hereby certify the within to be a correct and true copy of the original, one file in this de partment. In witness whereof, I have hereunto signed my name, and affixed the seal of the Treasury Department, this fourteenth day [L. S.] of May, in the year of our Lord one thousand eight hundred and forty-nine. W. M. MEREDITH, Secretary of the Treasury. CINCINNATI, April 26, 1849. SIR: Having reached this city several days since, and, after some delay, completed my arrangements, I shall leave this afternoon for St. Louis. Considering it necessary to take with me a reliable force, I respectfully nominate the following gentlemen as inspectors, who will, on our arrival at San Francisco, be located at the several ports of entry, or delivery, as may be thought advisable after looking over the ground, to wit: Abraham Bartol, Sheldon W. McDonnell, William Smyth, Alexander A. Marshall, Andrew Randal, John C. Fulton, Charles Pixley, Heland R. Hulburd, Jesse O. Goodwin, John A. McDonnell, Edward S. Tremain, John Myers, Joseph Adams, jr., Albert G Lawrence, W. N. Jackson, Levi Beardsley, jr., Abraham Kentzing, jr., William Wood. Should you approve of these nominations, may I ask you to say by telegraph at St. Louis, "approved." I enclose the oaths of office administered to E. D. Collier and John A. Collier. I will advise you previous to our departure from Fort Levenworth. Very respectfully, Hon. W. M. MEREDITH, Secretary of the Treasury. J. COLLIER, Collector, &c. TREASURY DEPARTMENT, May 2, 1849. SIR: Your letter of the 26th ultimo, dated at Cincinnati, Ohio, submitting a list of nominations of inspectors of the customs for the district of Upper California, is received. The nomination of Abraham Kentzing, jr., as inspector of the customs for the district mentioned, is approved. It is not deemed expedient to approve the other nominations submitted, for the following reasons: The act of 3d of March, 1849, "requiring all money receivable from customs and from all other sources to be paid immediately into the treasury, without abatement or reduction, and for other purposes," prohibits the expenses of collecting the entire revenue from customs from exceeding a certain specified sum per annum; it consequently becomes the duty of the department to take care that the expenses of the respective districts shall be placed on such a footing as to preclude any probable excess of expenditure for collecting the revenue beyond the sum designated and appropriated for the object by the act referred to. The appointment of the complement of the subordinate officers, already sanctioned, to accompany you hence to California, was authorized by the department, in view of the peculiar circumstances connected with this new district, and in order to avoid any embarrassment or delay on reaching your destination, for a prompt entry on the discharge of your official duties. Whatever additional inspectors or other subordinate officers of the customs, after entering on the discharge of your duties, you shall find necessary for the due collection and security of the revenue in your district, may be selected from suitable persons residing in said district; as likewise in regard to filling any vacancies that may occur in the complement already authorized. In making such appointments you will be governed by the directions given in my instructions to yourself under date of the 3d ultimo. Very respectfully, JAMES COLLIER, Esq., W. M. MEREDITH, Secretary of the Treasury. Collector of the district of Upper California, now at St. Louis, Mo. COLLECTOR'S OFFICE, SAN FRANCISCO, SIR: This office has never as yet been supplied with any locks for ships" hatches, nor with any gauging or weighing machines, nor measures of any kind; and this being a new country, it is impossible to purchase such things here. There should be sent here from three to five hundred locks for ships' hatches and storehouses: these should be of various sizes; some fifty pair of scales and balances, of different kinds and sizes; and a quantity of measures, of different kinds, &c., and sizes; and also a quantity of gauging rods, &c.. All of these articles are much wanted; also, want a few copies each of the different revenue laws, tariffs, &c., and all blanks, such as registers, crew lists, &c., that are furnished by the government; and also sea letters. The business of this office is of much more importance than the department at Washington has any conception of, and there are many things here that need regulating and advising about, and which I should have addressed the department about long since, but have been expecting the collector (Col. Collier) daily for the last three months. If Col. Collier does not arrive before the departure of the next steamer, I shall take the liberty to report upon many points of importance; the present system adopted here makes it impossible to conform with the law in many respects. Shall the mail steamers, running from this to Panama, be allowed to purchase coal, intended for consumption on the route from this to Panama, free of duty? So far they have been doing so, but I can find no law which will justify the course pursued. The department here is suffering much for the want of the articles I have asked for in this letter. Very respectfully, your obedient servant, Hon. W. M. MEREDITH, J. D. CARR, Acting Deputy Collector. Secretary of the Treasury, Washington city, D. C. SAN FRANCISCo, November 13, 1849. SIR: I am at last at my post. The delay attendant upon my arrival has been to me a source of great anxiety, and given me much trouble. I can only say that I have been in the hands of others, over whose movements I had no control. Remonstrances and importunities were alike disregarded. I have suffered much of hardship, of privation, and toil, and encountered no little of peril. We were compelled, for several days in succession, to fight our way through hostile bands of Indians, but escaped without the loss of life on our part, and with but one man wounded, he having both bones of his arm broken. It is with great regret that I have to state, also, that in crossing the Colorado four persons were drowned, and that one of the number was Captain Thorn, of New York, who was in command of the dragoons. At some future period I hope to give you some account of my pilgrimage, and of the miserable country we have passed over. At present, owing to the early departure of the steamer, I have barely sufficient time to advise you of the condition of things in the "State of California," and of the business of this office. |