Washington sentinel., 1853-12-10

to Texas in the settlement of the boundary of
New Mexico, and not yet issued, but retained
under the proviso to the boundary bill. The
late administration decided that all the stock
of Texas mentioned in that proviso must first
be released to the United States before the
stock could be issued, and the present admin
istration determined not to disturb that de-
cision. The consequence is that the creditors
of Texas remain unpaid, although many are
willing to file their stock and release all claim
on the United States, and receive the proper
ton of the $5,000,000 accorded to them by
Texas, while the United States, with abundant
means to pay, cannot do so, and the debt re-
mains liable to claim for interest, which,
under the act, could not well be refused.
Attention is also called to the fact that the
treasury building does not afford sufficient room
for the accommodation of the clerks of the de-
partment, and that the land Office, belonging to
the Department of the Interior, is now accom-
modated in the building to the exclusion of part
of the clerks of the Third Auditor, and of all
the clerks of the First and Fifth Auditors. The
basement rooms in the treasury building have
been found SO damp and unhealthy as to make
it proper to rent building, and remove part OF
the clerks of the Third Auditor from the base
/
been accommodated in the building occupied
by the State Department; but the secretary,
requiring the rooms for his own clerks, request
ed the removal of the Fifth Auditor and his
clerks, and a building was rented and that Of
fcer removed to it. The rented buildings are
not as safe for the records as the rooms of the
treasury building, and there is great inconve-
nience in having part Of the clerical force out
of the building, and beyond immediate control.
Attention is also called to the fact that James
Collier late collector of San Francisco, was in
dicted for falling to pay over the revenue col
lected by him, and for loaning it in violation Of
law. He was arrested under a writ issued in
accordance with the laws of the United States,
and when about to be conveyed by the marshal
to California to answer the indictment, was
taken out of his custody by writ of habeas cor
pus, issued by Judge of the State OF Ohio, and
set at large. There is no law to transfer such
cases to United States judge, and no provi-
sion for an appeal from the decision of the State
judge.
Attention is called to the acts of Congress
giving authority to rent warehouses and other
buildings tor the use of the custom-houses
There seems to be no limitation to the autho
rity to rent, other than the discretion OF the
collector and the sanction of the Secretary
Under pretence of this authority a contract
was made by my predecessor with Eldridge,
under date Of the 2Sth August, 1851, to con-
struct four warehouses in, San Francisco, to
be finished in eighteen months, and to rent
them for the term of ten years from time OF
completion, at the agreed rent of $1,000 per
month each, subject to revaluation every two
years. Another contract was made on the
24th Of February, 1853, with Theodore Ad
ANS, to construct another building, and rent it
for ten years at $25,000 per year, the rent to
be fixed anew every two years. Upon exami-
nation it was thought that there was no autho-
rity given to the Secretary to make these
leases. The Eldrdge buildings had been con-
structed and about sixteen months rent paid,
twelve months of it in advance, to the first Of
January, 1854, and the Adams contract had
Just been made. Notice was given to Eldridge
that the contract with him was considered to
have been made without sufficient authority,
and that the buildings would be abandoned
after the time to which the rent had been paid
in advance Notice was given to Adams that the
contract with him was considered to have been
made without authority of law, and that the
building would not be accepted, nor the contract
to rent considered binding on the United States.
The attention of the department has since been
calledto Joint resolution of Congress inrelation
to the bonded warehouses in the city OF New
York, the proviso to which, it was contended,
gave the Secretary authority to make these con-
tracts and leases, but which, under propercon-
struction, gives no such authority. 1t was subse-
quently thought that the acceptance of the
Eldridge houses by the collector and the Secre-
tary, and the payment of the rent in advance,
might be deemed a renting within the authori-
ty given to the collector and Secretary; and
notice has been given that the buildings will
be retained until Congress shall decide upon
the subject. The notice to Adams has not
been withdrawn, and the building will not be
accepted unless Congress shall declare the con-
tract and leasing obligatory. 1t is submitted
to Congress that this authority to contract for
buildings and renting for long periods, if it
really exists, requires modification and restric-
ton within proper limits
An exhibit also accompanies this report,
showing the number of persons employed at
each port, with the expenses.
The resolution Of the Senate of the 10th of
January, 1853, requiring the Secretary Of the
Treasury to have prepared and submitted to
the Senate, at its next session, a general reve-
nue. law, with a view of superseding all exist
ing laws upon the subject, &C., has claimed at
tention; and some progress has been made in
the work, which it is expected will be pre-
sented, in whole or in part during the session,
and in time for the consideration of Congress.
The circular instructions issued by me from
time to time, and not herein before mentioned,
also accompany this report.
All which is respectfully submitted
JAMES GUTHRIE,
Secretary Of the Treasury.
To the Hon. LINN BoYD,
Snaalar of tho Housa of Represp ntati yas