NO. 9—$424,000 PER ANNUM.

_This article of contract_, made the fifteenth day of February, in the

year one thousand eight hundred and fifty-three, between the United

States (acting in this behalf by their Postmaster General) and Albert C.

Ramsey and Edward H. Carmick, William H. Aspinwall and Edwin Bartlett, of

the city of New York; Silas C. Herring, Elihu Townsend, Simeon Draper,

and R. B. Coleman, of the same place, _witnesseth_: That whereas, by an

act of Congress, passed March 3, 1845, entitled “An act to provide for

the transportation of the mail between the United States and foreign

countries, and for other purposes,” the Postmaster General is authorized

to contract for the transportation of the United States mail between any

of the ports of the United States and a port or ports of any foreign

power whenever, in his opinion, the public interests will thereby be

promoted; and whereas, by another act of Congress, passed March 3, 1851,

entitled “An act to establish certain post-roads in the United States and

the Territories thereof,” the Postmaster General is authorized to enter

into contracts, for a period not longer than four years, for transporting

through any foreign country the mails of the United States, and that in

making such contracts, the Postmaster General shall be bound to select

the speediest, safest, and most economical route; and whereas notice has

been given by advertising, in accordance with the directions of said

act, for inviting proposals for mail contracts, under and by virtue of

the acts aforesaid; and whereas Albert C. Ramsey and Edward H. Carmick

have been accepted, according to law, as contractors for transporting the

mail on route No. 9, from Vera Cruz, via Acapulco, to San Francisco and

back, twice a month, according to the schedule hereinafter mentioned, in

thirteen days each way, being an extension of two of the trips on the New

Orleans and Vera Cruz line through Mexico, for the purpose of conveying

the mail, and thus making one through-line in sixteen days between

New Orleans and San Francisco, at and for the sum of four hundred and

twenty-four thousand dollars per year, for and during the term commencing

from the time Congress shall ratify this contract, and ending four years

from that date, with the right reserved to the Postmaster General to

continue it one year longer, at the same terms:

Now, therefore, the said Albert C. Ramsey and Edward H. Carmick,

contractors, and Silas C. Herring, Elihu Townsend, Simeon Draper, Robert

B. Coleman, William H. Aspinwall, and Edwin Bartlett, their sureties,

do jointly and severally undertake, covenant, and agree with the United

States, and do bind themselves:

1st. To carry said mail within the times fixed in the annexed schedule

of departures and arrivals, and so carry until said schedule is altered

by the authority of the Postmaster General of the United States, as

hereinafter provided, and then to carry according to said altered

schedule.

2d. To carry said mail in a safe and secure manner, free from wet

or other injury, in weather-proof bags and vehicles on the land

route, and in a separate and convenient apartment on shipboard, to be

suitably fitted up under order of the department, at the expense of the

contractors, for the assorting and safe-keeping of the mails, and for the

sole and exclusive occupation, use, and accommodation of the Post Office

Department and its mail-agent, if the Postmaster General shall require

it for the use and accommodation of the mail and mail-agent, and such

mail-agent is to be conveyed without further charge.

In case the contractors fail to furnish such suitable accommodations,

the department shall have the right to provide the bags, vehicles, or

apartments, or other suitable accommodations, at the expense of the

contractors.

3d. To take the mail and every part of it from, and deliver it and every

part of it into, the post office at San Francisco, and to and from

the mail steamers at Vera Cruz on the New Orleans and Vera Cruz line,

and also to deliver and receive the mails at San Diego and Monterey,

regularly by each trip going and returning, as is now done by the

“Pacific Mail Steamship Company.”

They also undertake, covenant, and agree with the United States, and do

bind themselves, jointly and severally, as aforesaid, to be answerable

for the person to whom the said contractors shall commit the care and

transportation of the mail, and accountable to the United States for

any damages which may be sustained by the United States through his

unfaithfulness or want of care; and that the said contractors will

discharge any carrier of said mail whenever required to do so by the

Postmaster General; also, that they will not transmit by themselves or

their agent, or be concerned in transmitting, commercial intelligence

more rapidly than by mail, and they will not carry out of the mail

letters or newspapers which should go by post; and that they will not,

knowingly, convey any person carrying on the business of transporting

letters or other mail matter without the consent of the department;

and further, that the said contractors will convey, without additional

charge, post-office blanks, mail bags, and the special agents of the

department, on the exhibition of their credentials.

They further undertake, covenant, and agree with the United States,

that the said contractors will collect quarterly, if required by the

Postmaster General, of postmasters on said route, the balances due from

them to the General Post Office, and faithfully render an account thereof

to the Postmaster General in the settlement of quarterly accounts, and

will pay over to the General Post Office all balances remaining in their

hands.

For which services, when performed, the said Albert C. Ramsey and Edward

H. Carmick, contractors, are to be paid by the said United States

the sum of four hundred and twenty-four thousand dollars a year, to

wit: quarterly, in the months of May, August, November, and February,

through the postmasters on the route, or otherwise, at the option of the

Postmaster General of the United States; said pay to be subject, however,

to be reduced or discontinued by the Postmaster General, as hereinafter

stipulated, or to be suspended in case of delinquency.

It is hereby stipulated and agreed by the said contractors and their

sureties, that the Postmaster General may increase the service or change

the schedule, he allowing a pro rata increase of compensation within the

restrictions imposed by law for the additional service required; but the

contractors may, in case of increased service or change of schedule,

relinquish the contract, on timely notice, if they prefer it to the

change.

It is hereby also stipulated and agreed by the said contractors and their

sureties, that in all cases there is to be a forfeiture of the pay of a

trip when the trip is not performed, and of not more than three times

the pay of a trip when the trip is not duly performed and no sufficient

excuse for the failure is furnished; a forfeiture of at least one-fourth

part of it when the running is so far behind time as to lose connexion

with a depending mail, unless it is shown that the same was not caused

by neglect, or want of proper skill or misconduct, and a forfeiture of

a due proportion of it when a grade of service is rendered inferior

to the mode of conveyance above stipulated; and that these forfeitures

may be increased into penalties of a higher amount, according to the

nature or frequency of the failure, and the importance of the mail; also

that fines may be imposed upon the contractors, unless the delinquency

be satisfactorily explained to the Postmaster General in due time, for

failing to take from or deliver at a post office, or a steam-vessel,

the mail, or any part of it; for suffering it to be wet, injured, lost,

or destroyed; for carrying it in a place or manner that exposes it to

depredation, loss or injury, by being wet, or otherwise; for refusing,

after demand, to carry a mail by any vessel or other vehicle which the

contractors run or are concerned in running on the route beyond the

number of trips above specified; or for not arriving at the time set in

the schedule, unless not caused by neglect or want of proper skill, or by

misconduct. And for setting up or running an express to transmit letters

or commercial intelligence in advance of the mail, or for transporting

knowingly, or after being informed, any one engaged in transporting

letters or mail matter in violation of the laws of the United States, a

penalty of five hundred dollars may be exacted for each offence, and for

each article so carried.

And it is hereby further stipulated and agreed by the said contractors

and their sureties that the Postmaster General may annul the contract for

repeated failures; for violating the post office laws; for disobeying

the instructions of the department; for refusing to discharge a carrier,

or any other person having charge of the mail by his direction, when

required by the department; for assigning the contract without the

consent of the Postmaster General; for setting up or running an express

as aforesaid, or for transporting persons, conveying mail matter out of

the mail as aforesaid; or whenever the contractors or either of them

shall become a postmaster, assistant postmaster, or member of Congress;

and this contract shall in all its parts be subject to the terms and

requisitions of an act of Congress passed on the twenty-first day of

April, in the year of our Lord one thousand eight hundred and eight,

entitled “An act concerning public contracts.”

And it is hereby further stipulated and agreed by the said contractors,

that the steam-vessels for the service between San Francisco and Acapulco

shall be of a class contemplated by the act of Congress, passed March

3, 1845, entitled “An act to provide for the transportation of the mail

between the United States and foreign countries, and for other purposes;”

and that the same shall be delivered to the United States, or their

proper officer, on demand made, for the purpose of being converted into

vessels of war, according to the tenor and terms of the said act.

And it is hereby further expressly understood that this contract is to

have no force or validity until it shall have received the sanction of

the Congress of the United States, by the passage of an appropriation to

carry it into effect.

In witness whereof, the said Postmaster General has caused the seal of

the Post Office Department to be hereto affixed, and has attested the

same by his signature; and the said contractors and their sureties have

hereunto set their hands and seals the day and year set opposite their

names, respectively.

S. D. HUBBARD, _Postmaster General_. [SEAL.] March 3, 1853.

WM. H. ASPINWALL, [SEAL.] March 3, 1853.

EDWIN BARTLETT, [SEAL.] March 3, 1853.

_By Wm. H. Davidge, their Att’y_.

ALBERT C. RAMSEY. [SEAL.] February 25, 1853.

EDWARD H. CARMICK. [SEAL.] February 25, 1853.

SILAS C. HERRING. [SEAL.] February 25, 1853.

ELIHU TOWNSEND. [SEAL.] February 25, 1853.

SIMEON DRAPER. [SEAL.] February 25, 1853.

R. B. COLEMAN. [SEAL.] February 25, 1853.

THE MEXICAN OCEAN MAIL AND INLAND COMPANY, [SEAL.] February 25, 1853.

_By Robert G. Rankin, President_.

Signed, sealed, and delivered by the Postmaster General in the presence

of—

JAMES LAWRENSON.

R. T. MCLAIN.

Ramsey & Carmick, contract. Letter from the Postmaster General transmitting copy of a conditional mail contract; also copies of correspondence relative to the same · 第 4 / 27 题