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Also, John Caperton, Thomas Harvey, Augustus Richards, Amos Adams, and John A. Collier, to be inspectors of the customs. I am, very respectfully, your obedient servant,
W. M. MEREDITH,
Secretary of the Treasury. J. COLLIER, Esq., Collector of Customs,
Port of San Francisco, District of Upper California.
WASHINGTON Crry, April 4, 1849. Sir: During my stay in the city, and while making the necessary arrangements for my early departure for Upper California, I have felt no little anxiety as to what might be the state of things on my arrival at San Francisco, and what facilities might be found on the spot to enable me to carry into execution the revenue laws of the country. I must have, in the first place, a suitable building, or buildings, to protect the public property committed to my care, and there ought to be warehouses sufficient to store the goods that may and no doubt will be imported. Shall I find these indispensable buildings on my arrival? Upon this subject I have endeavored to inform myself, hy conversation with persons who have been upon the spot, and by communication with others who have friends now residing there. All concur in saying that it will be next to impossible to find a building suitable for an office, or for a warehouse, should one be required. I take it for granted that the government desires to extend to the people of California all the facilities which the commerce, now rapidly increasing, of the country, may require. The cities upon the Atlantic seaboard have been greatly favored in this particular, and millions have been expended for that purpose. As yet, nothing has been done for California. The question, then, which I disire to submit to your consideration, is this: * Ought not some measures to be adopted, previous to my departure for so distant a point, for the purpose of securing the erection of suitable buildings for the accommodation of the collector, and for the convenience of shippers of merchandise to that coast?”! Upon this subject I cannot withhold the expression of my own opinion. Something ought to be done. Good policy seems to require that I should be enabled to say to that people on my arrival, the government are making the necessary preparations for all these things, and they will be forwarded as speedily as the nature of the business will permit. In looking over my instructions, I find that upon the subject of warehouses I am to be governed by the instructions heretofore issued from th department to the various collectors in the United States. These instructions require the collectors in all cases to give a preference to fire-proof buildings, and such as are particularly described by the department. Acting upon these instructions I cannot, in view of all the information I have been enabled to collect, hesitate to recommend that arrangements be made for the erection of such buildings as are deemed indispensable by the collector, at the earliest period possible. It is true, I cannot say to what extent these buildings may be required. Judging, however, from the amount of shipments already reported, and the number of vessels advertised to leave the several seaports, large buildings must and will be required.
I respectfully submit these suggestions to the consideration of the department. The necessity of my immediate departure will excuse the haste in which they have been drawn up. I desire to discharge my whole duty, but it is evident that this cannot be done unless the necessary means are provided. Very respectfully,
J. COLLIER, Collector of Customs for the district of Upper California. Hon. WM. M. MEREDITH,
Secretary of the Treasury.
Wednesday evening, April 4, 1849. Sır: I have just received the enclosed letter, containing propositions to erect buildings for the accommodation of the customs at San Francisco. I have, of course, made no reply, but desire to submit it to your consideration, presuming, however, that nothing will be determined upon until you shall hear from me, on my arrival at San Francisco. I could do no jess than submit it to you. Very respectfully,
Collector, C., &c. Hon. W. M. MEREDITH,
Secretary of the Treasury.
WASHINGTON, April 4, 1849. Sır: Understanding that it is the opinion of the Secretary of the Treasury that the government of the United States may not want as many stores: at San Francisco as I offered to rent in my proposition to the department, and that the power to contract for such stores has been delegated by law to the collectors, I proceed to make such modifications in my original proposition as may meet the demands of government.
Myself and associate are willing to build eight stores of the character we first proposed, following the plans as submitted by Geo. Law, esq., of New York, (for stores in that city,) which were left with the late Secretary of the Treasury, and approved by him.
Of the stores I propose to build, five must be taken by the government the moment they are finished, at an annual rent of seven thousand dollars, payable quarterly-it being distinctly understood that, as soon as the increasing commerce of San Francisco shall require more store room, the collector shall rent the additional stores, upon the same terms.
We stipulated for two years' time in which to complete the building of the stores; but our own interest is a sufficient guaranty that they will be built at the earliest practical moment. Yet it must be borne in mind that we will have to ship all our material from the Atlantic cities, (a six months voyage,) and a single accident to a vessel bearing the material, which no insurance could prevent, might delay us six or eight months; but, should
no unforeseen difficulty arise, we confidently believe that we will have the stores ready for use within twelve months.
The plans of Mr. Law, by which we purpose to be governed, were made out with great care, and are on file in the Treasury Department. Very respectfully, your obedient servant,
DANL. SAFFARRANS. Col. Jas. COLLIER,
Collector, San Francisco.
TREASURY DEPARTMENT, April 7, 1849. SIR: The confirmation of “William Prentiss,” under date the 1st instant, nominated by you to be an “inspector of the customs for the district of Upper California,'' is hereby revoked; and you are requested to withdraw said nomination. I am, very respectfully, your obedient servant,
W. M. MEREDITH,
Secretary of the Treasury. J. COLLIER, Esq., Collector district U. California,
Now at Steubenville, Ohio.
TREASURY DEPARTMENT, April 10, 1849. Sir: It is deemed proper to call your attention to the subject of the deputy collectors and inspectors of the customs recently appointed by you, with the approval of the department, and to state that before those officers, can, in pursuance of law, enter upon the discharge of their respective duties or be allowed compensation, they must qualify by taking the oath or affirmation prescribed by law—such oath or affirmation to be taken before yourself, as collector of the district to which they respectively belong, and transmitted to the department. For your information, a form of the oath or affirmation, to be taken by the deputy collectors as well as by the inspectors of the customs, has been prepared, and will be found on the opposite page of this letter. Very respectfully,
C. B. PENROSE,
Acting Secretary of the Treasury. JAMES COLLIER, Esq.,
Collector of district of Upper California, now at Stcubenville, 0.
STEUBENVILLE, April 12, 1849. SER: Yours of the 7th instant, revoking the confirmation of William Prentiss, (nominated by myself as inspector of the customs for the district of Upper California,) was received on yesterday. In accordance with your request, I withdraw said nomination. I regret that I am unadvised as to his location in Illinois, and that I cannot, therefore, give him notice of what has transpired.
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 movements.
, , fic Hon. WM. M. MEREDITH,
Secretary of the Treasury.
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,
W. M. MEREDITH,
Secretary of the Treasury, JAMES COLLIER, Esq., Collector of Customs, district of Upper California,
now at St. Louis, Missouri.
Articles of agreement made and concluded this twenty-cighth day of
April, in the year eighteen hundred and forty-nine, by and between Daniel Safarrans 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 men. tioned, 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 when. ever 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, havę 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.