The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-12


branches OF said road at Preston instead of Little
Rock the department will permit the TO be done by
some route not further west than TO Springfield Missouri
thence by Fayetteville, Van Buren, and Fort smith, in
the State Of Arkansas to the said junction. at the
town Of Preston, in Texas but said new line will be
adopted the express condition that the said contractors
shall not claim demand from the department. or from
Congress- any increased compensation for account
Of such change in the route from St. Louis of the point
Of junction of the two routes from Little Rock 70 Pres
ton and the further express condition that whilst the
Of lands TO which the contractors may be entitled
under the act Of Congress may be estimated either
Of said branches from Preston to ST. Louis Memphis,
at their option yet the said contractors shall take
half of that amount each of said branches that
neither shall have advantage In the way Of stations
and settlement the other and in said contract
os, In selecting and locating their ands shall disregard
this condition. give undue advantage TO Of said
branches over the other the department the
power Of discontinuing said route from St Louis TO
Preston and to hold said contractors and their suretes
to the original route and terms expressed and set forth in
| the body of this contract"
In pursuance Of the above orders and proceedings,
the 18th day of September, 1857 the following contract
was entered into between the department and the
tractors whose bid had been accepted:
No, IL, 2,578.-S 5000, 900 per annum.
This article Of contract made the sixteenth day of Sep
tembcr in the year thousand eight hundred and fifty
sevcn between the United States ctng in this behalf by
their Postmaster GeneraD and John Butereld, of Utica
New York; William B. Dinsmore, of New York city, Vim.
G. Fargo, of Buffalo, New York; James " r. Gardner of
Utica, New York; Marcus L. Kinyon, of Rome, New
York; Alexander Holland, of New York city, and Hamilton
Spencer, of Bloomington Illinois, and Danford N Barney
of the city Of New York Johnston Livingston of Living
ton, New York; David Moulton, Of Floyd New York
and Elijah r Williams, Of Buffalo, New York, witness
eth
That whereas John Butterfeld William b. Dinsmore
William G. Fargo James v. p. Gardner, Marcus L. Kin
yon, Alexander Holland, and Hamilton Spencer, have
been accepted according to law contractors for
porting the entire letter mail agreeaby to the provisions
of the Ilth 12th and 18th sections of act of Con-
gess approved March 3, 1857 (making appropriations
for the service of the Post Office Department for the s
cal year ending June 30 1852 from the Mississippi river
to San Francisco, California, follows viz from st.
Louis, Missouri and from Memphis Tennessee converg-
ing at Little Rock, Arkansas thence, via Preston Tex
or may be found advisable, to the best
point of crossing the Rio Grande above El Paso and not
far from Fort Fillmore thence, along the road be-
ing opened and constructed under the direction of the
Secretary of the Interior, to Fort Yuma Caor
MIA thence through the best passes and along the best
valleys for sae and expeditions staging San Francisco
California and back twice week, in good four horse
post coaches spring wagons suitable for the
vcyance of passengers as well as the safety and
curity of the mails at six hundred thousand dol
lars year, for and during the term of six years,
commencing the sixteenth day of September, in the
year thousand eight hundred and fifty eight and
ending with the fifteenth day Of September in the year
thousand eight hundred and sixty -four: Now there
fore, the said John Butterfeld William b. Dinsmore,
William G. Fargo James " r. Gardner Marcus L. Kin
yon, Alexander Holland and Hamilton Spencer contrac-
tors, and Danford N Barney, Johnston Livingston David
=
y and severay undertake. covenant and agree with the
United States and do bind themselves lst To carry said
letter mail within the time fixed by the law above refer
red that within twenty-five days for each trip and
according to the annexed schedule of departures and ar
rivals I'd To carry said letter mail in safe and
manner, free from wet other injury, in boot under
the drivers seat other place. and in preference
passengers and to their entire exclusion if its weight
and bulk require it 3d. To take the said letter mail and
every part of it FROM deliver it and every part Of 1t
at each post Office the route that may hereafter be
established the route, and into the post office Mt each
end OF the route and into the post Office at the place at
which the carrier stops at night one there kept and
If Office Is there kept, to lock it up in
place; at the risk Of the contractors
They also undertake, covenant, and agree with the
United States and do bind themselves jointly and sever
ally aforesaid to be answerable for the persons to
whom the said contractors shall commit the and
transportation of the mail and accountable to the Uni
ted States for any damages which may be sustained by
the United States through their unfthfuness of
care and that the said contractors will discharge any
carrier of said mail when required to do by the POST
master General Also that they will not transmit by
themselves their agent be concerned in transmit
ting commercial intelligence rapidly than by mail
other than by telegraph and that they will not carry
OF the mail letters newspapers which should by post
and further the said contractors will convey without nd
dtona charge 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 quar-
terly if required by the Postmaster General of post
masters 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 John
Buttcrcld, VIM b. Dinsmore, William G. Fargo James
v. p. Gardner, Marcus L. Knyon, Alexander Holland
and Hamilton Spencer contractors to be paid by the
United States the of six hundred thousand dollars
year. to wit quarterly in the months of May, August
November and February through the postmasters the
route otherwise at the option of the Postmaster Gen
to he
to be reduced or discontinued by the Postmaster General
hereinafter stipulated to be suspended in case Of
delinquency.
1t is hereby also stipulated and agreed by the said
tractors and their sureties that in all there be
forfeiture Of the pay Of trip when the trip not run
and of not than three times the pay Of the trip
when the trip is not and sufficient excuse for the
failure is furnished and forfeiture of due proportion
of il when grade of service is rendered inferior to the
mode of conveyance above stipulated and that these
foreitures may be increased into penalties of higher
amount according to the nature frequency of the fail
and the Importance of the mail also, that fines may
be imposed upon the contractors unless the delinquency
be satisfactorily explained to tho Postmaster General in
due tmc for failing TO take from deliver at post of
flee the said letter mail any part of it for suffering 10
TO be wet injured, lost, destroyed for carrying it in
place that exposes it to depreciation loss
mAnd to convey letter mail by any coach or wagon
which the contractors regularly concerned in
running the route beyond the number Of trips above
specified for not arriving at the time set in the
schedule. And for setting up running express to
transmit letters commercial intelligence in advance Of
the mail, for transmitting knowingly after being
informed, any engaged in transporting letters mail