Smiley Expedition Company Shares
(Editors note: Documents are from archives of Francis W. Lodge located in private collection of Kim Paterson of Australia, who is a direct descendant (great great grandson) of Capt. Francis W. Lodge, who was sent by Lloyd’s of London to recoup insured treasure in the loss of the steamer “Golden Gate.” The below transcriptions were in longhand and were copied from the original notarized printed forms near the time of the originals as part of an investigation by Capt. Lodge. They are here-in transcribed from the longhand of 1862 to electronic format for the first time this date November, 2009. Joe Kelly Hughes, transcriber)
Source document: link.
Original Document Page 1
On this Fourteenth day of November AD One thousand Eight hundred & Sixty –two before me Henry Haight, a Notary Public in and for said City and County duly commissioned and sworn personally appeared James L. Fowler. Thomas Wallace and Jared F. Greenman to me personally known to be the individuals described in and who executed the annexed instrument and who severally acknowledge to me that they executed the same freely and voluntarily and for the uses and purposes therein mentioned. In witness whereof I have herein set my hand and affixed my official seal the day & date year first above written
Original Document Page 2
Articles of agreement entered into this Twenty first day of November AD 1862 between James L. Fowler of the city and county of San Francisco State of California, party of the first part, and Thomas J.L. Smiley, L.H. Meeker and Jared F. Greenman all of the City, County and state aforesaid parties of the second part. Witnessed that whereas the said parties of the second part have on the day and year above written entered into an Agreement to subscribe the Capital of ($5000) Five thousand Dollars for the purpose of fitting out the Schooner “Potter” to proceed to the wreck of the steamer “Golden Gate” to recover if possible the treasure from said vessel. It is hereby agreed and mutually understood between James L. Fowler the said party of the first part and Thomas J.L. Smiley, L.H. Meeker and Jared F. Greenman all parties of the second part that James L. Fowler shall be placed in full command of said schooner “Potter”and shall act as Captain of the Expedition and for his service and the
Original Document Page 3
use of his diving apparatus and whatever interest or interests he may give to the divers or crew of said vessel, he shall receive (50) Fifty per cent of the net amount of all moneys, gold or silver coins, bars, dust or other valuables that he or any of his agents, divers, or men under him may recover or receive from the wreck of the said vessel. And it is further agreed by and between the said parties of the second part and the said party of the first part, that the said parties of the second part shall pay all expenses of the expedition namely charter of vessel, outfit, wages of the crew and divers, provisions and supplies for said Expedition, all custom house charges etcetera that may be legally incurred by the said Captain James L. Fowler.
J.F. Greenman Seal
Original Document Page 4
I Henry Haight a Notary Public in and for said city & county do hereby certify that the foregoing is a true & correct copy of the original this day compared by me with said original. Witness my hand and official seal this 25th day of November AD 1862
Henry Haight Notary Public
Nov. 26, 1862
For and in consideration of the sum of One thousand dollars to me in hand paid by Chas Upton of Santa Clara the receipt of which is hereby acknowledged I do hereby sell, assign & transfer all my right, title interest both in possession & in expectancy in & to the above contract or agreement & in & to all the benefits & receipts to be derived there from to the said Chas. Upton
Witness Henry Haight,
Original Document Page 5
Articles of Agreement entered into the thirteenth day of November One thousand Eight hundred and Sixty-two. Between James L Fowler of the city and county of San Francisco State of California party of the first part and Jared F. Greenman and Thomas Wallace of the city, county and state aforesaid, parties of the second part witnessed as follows:
That whereas a Company is being formed for the purpose of fitting out an expedition to proceed to the wreck of the “Golden Gate” for the recovery of the treasure and whereas that the said James L. Fowler is to receive (50) Fifty per cent of the profits arising from whatever treasure or other valuables that may be recovered by him, his agents or assigned (50) per cent of the stock representing the capital of the company in consideration of his services, and the use of the diving apparatus it is agreed and understood between the said James L.
Original Document Page 6
Fowler of the first part and Jared F Greenman and Thomas Wallace of the second part, that for and in consideration of services rendered and to be rendered by the said Thomas Wallace and Jared F Greenman to the said James L Fowler he the said James L Fowler hereby agrees and binds himself his heirs assigned executors and administrators to transfer unto the said Jared F Greenman on his order (15) Fifteen per cent of all moneys, either coins Gold dust or bars of Gold or silver or other valuables that he, his agents or assigned may receive or recover from the wreck of said vessel and he also binds himself, his heirs, assigned, executors and administrators to transfer unto the said Thomas Wallace or his order (15) fifteen per cent of the stock of said company or (15) per cent of all moneys, either coins, gold, dust, bars of gold or silver or other valuables that he his agents, or assigned may recover or receive from the wreck of
Original Document Page 7
And it is agreed between the said James L. Fowler of the first part and Thomas Wallace and Jared F. Greenman of the second part that he said Thomas Wallace and Jared F Greenman binds themselves, their heirs, assigned executors and administrators unto the said James L. Fowler that they shall well and truly perform all acts for the successful advancement of the interests of the said James L. Fowler. Jared F. Greenman and Thomas Wallace to wit that in the event of information from the said James L. Fowler that the expedition is likely to prove a failure and that from the elements or other causes it shall be considered by the said James L. Fowler impossible to recover the treasure in whole or in part that they shall dispose of the stock held by the said James L. Fowler, Jared F. Greenman and Thomas Wallace at the best prices that can by them be realized and
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that the proceeds of the sale be divided to each in proportion to the amount of stock they held.
Dated at San Francisco this thirteenth day of November AD 1862
Original Document Page 9
The Undersigned have this day entered into an Agreement whereby they bind themselves their heirs, assigned, executors and administrators to subscribe the sum of ($1000) One thousand Dollars each, for the purpose of charting the Schooner “Potter” and fitting her out in provisioned to and paying wages of divers and crew to proceed to the wreck of Steamer “Golden Gate” and to recover if possible, the treasure in wreck of said vessel. And they further agree that in accordance with an agreement entered into this day by the undersigned and Captain James L Fowler who shall be in command of the expedition and for whose services and that of his crew they hereby agree to give to said James L Fowler (50) Fifty per cent of the net amount recovered from said vessel; they the undersigned shall each receive (10) Ten per cent for each share of the net amount recovered from said wreck making a total to the
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Undersigned of (50) Fifty per cent of all moneys, gold or silver coin bars or dust or other valuables that may be recovered from the wreck of said vessel by the said Captain James L Fowler his agents, divers or crew. And it is further agreed that the sum of ($4000) Four thousand dollars shall be paid into the hands of the Treasurer this day and the sum of ($1000) One thousand Dollars or ____ Dollars each when the assessment is made by the Treasurer for further necessary expenses.
It is further agreed that each share shall have one vote at any meeting of the Company. And it is further agreed that Thomas J.L. Smiley shall be Treasurer of the Company.
Witness Henry Haight
Original Document Page 12
For and in consideration of the sums of One thousand Dollars to me in hand paid by Chas. Upton of Santa Clara the receipt of which is hereby acknowledged I do herby sell, assign and transfer all my right title & interest both in possession & in expectancy in & to the above agreement & in & to all the benefit and receipts to be derived there from to the said Chas Upton.
San Francisco, Nov. 21, 1862