with the engine, machinery, fixtures, and tools thereunto belonging or accompanying the same, belonging to the United States Navy Department, for the space of eighteen months from the first day of May next ensuing; the said Parker binding himself and his assigns to set up the said mill and put the same in operation within four months from the first day of May aforesaid. A minute inventory of the machinery, tools, and fixtures, shall be taken in duplicate, the said Parker binding himself and his assigns to return the same, according to the inventory aforesaid, to the proper officer of the United States in like order and condition in which he received them, the usual wear and tear in such cases only excepted, whenever, under this contract, he can be called on to do so. For the term of three months from the commencement of sawing no rent shall be exacted, but from and after that time the said Parker binds himself and his assigns to furnish, upon the order or requisition of any commanding officer of the United States navy in the bay of San Francisc› or at Monterey, such sawed lumber for the use of the navy as the mill may be able to cut from any lumber on hand or which may be sent to the mill by such naval commander, to be used ashore or afloat, but for naval purposes only, as he may require, the price of which shall not exceed cost and charges of procuring, transporting, and sawing; the said lumber for naval purposes is to be received at the mill, and the quantity of lumber so called for is not to exceed, in any one month, one-third of the average capacity of the mill for sawing in that period. It is understood that, in addition to the saw-mill, a grist-mill not yet arrived has been ordered to this station. Should the same arrive in any reasonable time, it is understood and agreed that it also shall be turned over to the said Parker, who shall put it up and run it in connexion with the saw-mill for the same length of time; for the use whereof he (the said Parker) agrees and contracts to grind into breadstuff or horse feed any grain sent to the mill suitable therefor, for the use of persons or teams in the employment of the navy at or about San Francisco, free of toll, to any extent not exceeding two days in any one week or at the rate thereof. If, contrary to all reasonab e expectation, the government should require the steam engine, mills, &c., for their own use before the expiration of this contract, in that case, provided the mills have not cleared all costs and charges for setting up and putting to work, and a fair business profit thereon, referees shall be appointed by the parties respectively to ascertain and name the sum, if any, necessary to reimburse the party aforesaid in all the costs and charges and profits aforesaid, which, when duly ascertained, will be paid by the United States to the aforesaid Robert A. Parker or his assigns. For the faithful performance of all the undertakings on his part, as herein contained, the said Robert A. Parker binds himself or his assigns in the penal sum of one thousand dollars, lawful money of the United States. Witness our hands and seals at San Francisco, California, the day and year first above written. THOMAS AP C. JONES, [L. S.] SANCELITO, August 20, 1849. For a valuable consideration I have this day sold to James McCormick all my right, title, and interest in this contract. In witness whereof, I have set my hand. ROBERT A. PARKER. Know all men by these presents that I, James McCormick, of San Francisco. State of California, in consideration of the sum of four thousand five hundred dollars to me in hand paid by Aristides Welch, of San Francisco and State aforesaid, the receipt of which is hereby acknowledged, do hereby sell, assign, set over, and transfer unto the said Aristides Welch, his heirs, and assigns, all my interest and claim in the foregoing written agreement, and everything therein contained, and all benefit and advantage which may be derived therefrom, together with all my interest in a certain award made on the day of one thousand eight hundred and by John N. Hambleton on the part of the United States, and Talbot H, Green on my part, as the assignee of Robert A. Parker, for And I constitute the said Aristides Welch my attorney irrevocably, with full power and in my name to do everything necessary for the complete recovery and enjoyment of all my rights and interest under the said foregoing agreement and the said award, and all the benefit and advantage that may be derived therefrom, giving and granting to my said attorney full power and authority to do all acts necessary to be done in as full and ample a manner as I could do, and I do hereby ratify and confirm all the acts of my said attorney. Witness my hand and seal this twenty-eighth day of August, one thousand eight hundred and fifty one. JAMES MCCORMICK, [L. s.] Sealed and delivered in presence of JOHN A. TERHUNE, JOHN W. HUDSON. STATE OF CALIFORNIA, County of San Francisco: On this 19th day of September, A. D. 1851, personally appeared before me the county clerk of said county, Robert A. Parker, known to me to be the person who is described in and who executed the foregoing instrument of writing, who acknowledged to me that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. [L. S.] Witness my hand and seal of office this 19th day of September, 1851. JOHN E. ADDISON, Clerk. By JAS. D. GALBRAITH, Deputy Clerk. On this 28th day of August, A. D. 1851, before me, a notary public duly commissioned and sworn for the county of San Francisco, Rep. C. C. 199-2 California, personally came James McCormick, known to me to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. [L S.] Witness my hand and seal of office. LUCIAN HERMANN, STATE OF CALIFORNIA, County of San Francisco, 88 : Notary Public. I, John E. Addison, county clerk of San Francisco county, hereby certify that Lucian Hermann, whose name is attached to the foregoing acknowledgment, was at the time of signing and is now a notary public in and for the county of San Francisco, duly qualified, commissioned, and sworn, and that his signature is genuine. [L. S] In testimony whereof I have hereunto set my hand and affixed Deputy Clerk. SANCELITO, July 9, 1850. We the undersigned referees in a case of the United States Navy Department, and James McCormick, assignee of R. A. Parker, respecting a saw-mill belonging to the United States government, at Sancelito, California, after a careful examination of the contract, in the premises, and of all the accounts exhibited, find in the true meaning and spirit of that contract, as follows: The whole expense for erecting the saw-mill, and putting $45,951 22 $20,184 58 $25,766 64 We therefore find a balance due James McCormick, assignee of Robt. A. Parker, of twenty-five thousand seven hundred sixty six dollars and sixty four cents. JNO. W. HAMBLETON, Referee on the part of the Navy Department. On the part of Robt. A. Parker's assignee. SANCELITO, July 9, 1850. Inventory of effects purchased for the steam saw mill at Sancelito, all of which have been used and some rendered worthless, which I take at the price affixed by the referees: The appraised value is $2,000, at which the referees decided, James McCormick, the assignee of Robt. A. Parker, should receive them. JAMES MCCORMICK. SANCELITO, July 9, 1850. The original of the within inventory has been charged to James McCormick, in the settlement between the United States Navy Department and him as assignee of Robert A. Parker, and that he is entitled to the within named articles. JNO. W. HAMBLETON, Referee on the part of the Navy Department. TALBOT H. GREEN, Referee on the part of the assignee of R. A. Parker. The above is a correct copy of the original. JOSEPH WILSON, United States Navy Agent. WM. L. HUDSON, Commander and senior officer present. U. S. SHIP VINCENNES, August 26, 1851. FLAG-SHIP SAVANNAH, Benicia Roads, January 28, 1850. SIK Please take notice (the honorable Secretary of the Navy, having instructed me by letter dated December 1, 1849, to place the steam saw-mill, belonging to the Navy Department of the United States, recently set up at Sancelito, by you under your written contract made and entered into with me on the 7th day of April, 1849,) that you are hereby required to transfer and deliver over to the purser or navy agent for the port of San Francisco, on the 30th day of April next ensuing the date hereof, or to such other persons as may be duly authorized to receive the aforesaid mill, with all things pertaining thereto, according to the terms, conditions, and true intents and meaning of said contract above cited. Mr. ROBERT A. PARKER. THOMAS AP C. JONES. SAN FRANCISCO, April 26, 1850. SIR I enclose an extract from a letter received from the Navy Department by the last mail, relating to your contract with me for the use for a limited time of a steam saw-mill belonging to the United States. Be pleased to furnish me, with as little delay as possible, the fullest information you can, to enable me to comply with the Secretary's letter, as well as to regulate further action in regard to the mill and its employment. Very respectfully, &c., THOMAS AP C. JONES. Commander-in-chief United States Naval Forces Pacific Ocean. Mr. ROBERT A. PARKER, Of the Steam Saw-Mill, San Francisco. Extract of a letter from the honorable Secretary of the Navy, addressed to Commodore Thomas ap C. Jones. UNITED STATES NAVY DEPARTMENT, "SIR: Your despatch No. 91 of the 28th of January, with its enclosure has been received. "You will be pleased to cause an accurate account to be made, and report to the department of the cost and charges of setting up and putting in operation the steam saw-mill at San Francisco, for the purpose of ascertaining whether the mill has cleared itself." "If under the terms of the contract entered into with Mr. Parker, the mill has already relieved itself, then you will resume the possession of the said saw-mill, and, if your means will enable you to do so, you will use the same for the preparation of such timber, &c., as may be necessary for the purposes of the squadron under your command. "If, however, upon a careful examination, it is ascertained that Mr. Parker would be still entitled to remuneration thereunto, then you are ordered to permit the mill to remain in his possession until he is reimbursed for the costs and charges of its erection under the contract, |