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''Fourth.'' That no whiskey, or ardent spirits, but such as has paid the excise, shall be purchased by the said Daniel Vertner, or his Agent for the purposes stipulated in this contract.

''Fifth.'' That whenever or as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post, be unsound, or unfit for use, a survey shall be held thereon  by two disinterested persons, one to be chosen by the commanding officer of the pose, and the other by the said Daniel Vertner or his agent, and in case of disagreement, a third person to be chosen by mutual consent, who shall have power to condemn such part of the provisions as to them may appear unfit for use.

But if the said Daniel Vertner or his agent, shall fail, or neglect, to appoint a person to be in writing; then, and in that case, it shall be lawful for the said commanding officer to appoint such persons as he may think proper, to inspect the provisions, under oath, with power to condemn as aforesaid.

''Sixth.'' That the commanding general, or person appointed by him, at each post, in case of absolute failure, or deficiency, in the quantity of provisions contracted to be delivered and kept up, shall have power to supply the deficiency by purchase, at the risque and on account of the said Daniel Vertner.

''Seventh.'' That whenever any articles constituting the whole, or any part if the ration, shall not be in store, and withheld from the officers and soldier, due bills shall be given therefor, payable within two months by the delivery of the articles withheld. If, at the expiration of the said two months, the contractor, or his agent, shall not deliver the articles expressed in the said due bills, within ten days after demand being made therefor, payment for the articles so withheld shall be made in money, by the contractor, or his agent, at the contract price.

''Eighth.'' That the said Daniel Vertner or his agents, shall, at each post, or place, where supplies shall be required, under this contract, render a monthly abstract to the commanding officer thereof, specifying the quantity and species of the supplies on hand.

''Ninth.'' That all losses sustained by the depredations of an enemy, or by means of the troops of the United States, in articles intended to compose rations, to be issued under this contract, being the property of the contractor, as well as in other property necessarily used in transporting the same, shall be paid for at the contract price of the rations, or the component parts, and at an appraised value of the other articles, on the deposition of one or more creditable characters, and the certificate of a commissioned officer, when the same can be obtained ascertaining the circumstances of the loss, and the amount of the articles for which compensation is claimed.

''Tenth.'' The escorts and guards for the safety of the provisions, and for the protecting of the cattle against an enemy, shall be furnished, whenever, in the opinion of the commanding general of the army, or of any post, to whom applications may be made, the same can be done without prejudice to the service, and that the said Daniel Vertner shall not be answerable for any deficiency of supplies, at any of the said posts or places, if it shall appear upon satisfactory proof, that such deficiency was occasioned by the want of proper escorts and guards.

''Eleventh.'' That at the stationary posts, proper store houses shall be provided on behalf of the public, for the reception and safe keeping if the provisions deposited from time to time, at such posts respectively; and the contractor shall suffer no [obscured] of such stores.

''Twelfth.'' That said Daniel Vertner, his executors, or administrators, shall render his accounts to the proper officer for settlement, at least once in every six months, agreeably to such form as by the Comptroller of the Treasury may be established and made known to him.

''Thirteenth.'' That whenever the Secretary of War shall, in pursuance of this contract, and on account thereof make advances or payments to the said Daniel Vertner the said Daniel Vertner shall receive as cash, if requested by the said Secretary, drafts from the Secretary of the Treasury in his favour, on the collectors of revenue or other persons holding public monies in the vicinity of any of the above mentioned posts.

''Fourteenth.'' That all such advances of money as may be made to the said Daniel Vertner towards the supplies to be furnished, pursuant to this contract, and all such sums of money as th commander in chief may be obliged to disburse, in order to procure supplies, in consequence of any failure on the part of the said Daniel Vertner -"- in complying with the stipulations herein contained shall be duly accounted for by him, by way of set off, against the amount of such supplies, and the surplus, if any, repaid to the United States immediately after the expiration of the term of this contract, together with an interest at the rate of siz per centum per annum, from the time of such expiration until the same shall be actually paid. And that if any balance shall, on any settlement of the accounts of the said Daniel Vertner, his executors and administrators, be found to be due to him or them, for or by reason of the rations which shall be supplied, pursuant to this agreement, the same shall  immediately be paid. And that no unnecessary or unreasonable delay, on the part of the officers of the United States, shall be given to the settlement of the accounts of the said Daniel Vertner his executors or administrators.

AND WHEREAS, by a certain agreement made on the Fourth day of September, 1800 between Samuel Dexter <s>James M<sup>c</sup>Henry</s>, then Secretary of War, and Edward Thomson, of the state of Pennsylvania it was stipulated , that the party of the second part should <s>deposit</s> furnish <s>months</s> supplies of rations at certain of the posts hereinbefore mentioned, between the first of Octoberl, 1800, and the 30<sup>th</sup> of September; 1801; and where as on the commencement of this contract, supplies furnished under the said agreement may remain to be issued at the said posts-

it is agreed between the said Henry Dearborn <s>Samuel Dexter</s> and the said Daniel Vertner:

''First.'' That an inventory shall be taken as soon as possible, which shall comprise all such supplies as shall have been delivered on or before the last day of September next, by virtue of the said agreement, and shall on that day remain unexpended.

''Second.'' That the inventory shall be taken in the presence of the commanding officer of the post, and the party of the second part or his agent, and duplicate receipts given therefor by the said party of the second part or his agent expressing the quantity and quality of each article.

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Fourth. That no whiskey, or ardent spirits, but such as has paid the excise, shall be purchased by the said Daniel Vertner, or his Agent for the purposes stipulated in this contract.

Fifth. That whenever or as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post, be unsound, or unfit for use, a survey shall be held thereon by two disinterested persons, one to be chosen by the commanding officer of the pose, and the other by the said Daniel Vertner or his agent, and in case of disagreement, a third person to be chosen by mutual consent, who shall have power to condemn such part of the provisions as to them may appear unfit for use.

Sixth. That the commanding general, or person appointed by him, at each post, in case of absolute failure, or deficiency, in the quantity of provisions contracted to be delivered and kept up, shall have power to supply the deficiency by purchase, at the risque and on account of the said Daniel Vertner.

Seventh. That whenever any articles constituting the whole, or any part if the ration, shall not be in store, and withheld from the officers and soldier, due bills shall be given therefor, payable within two months by the delivery of the articles withheld. If, at the expiration of the said two months, the contractor, or his agent, shall not deliver the articles expressed in the said due bills, within ten days after demand being made therefor, payment for the articles so withheld shall be made in money, by the contractor, or his agent, at the contract price.

Eighth. That the said Daniel Vertner or his agents, shall, at each post, or place, where supplies shall be required, under this contract, render a monthly abstract to the commanding officer thereof, specifying the quantity and species of the supplies on hand.

Ninth. That all losses sustained by the depredations of an enemy, or by means of the troops of the United States, in articles intended to compose rations, to be issued under this contract, being the property of the contractor, as well as in other property necessarily used in transporting the same, shall be paid for at the contract price of the rations, or the component parts, and at an appraised value of the other articles, on the deposition of one or more creditable characters, and the certificate of a commissioned officer, when the same can be obtained ascertaining the circumstances of the loss, and the amount of the articles for which compensation is claimed.

Tenth. The escorts and guards for the safety of the provisions, and for the protecting of the cattle against an enemy, shall be furnished, whenever, in the opinion of the commanding general of the army, or of any post, to whom applications may be made, the same can be done without prejudice to the service, and that the said Daniel Vertner shall not be answerable for any deficiency of supplies, at any of the said posts or places, if it shall appear upon satisfactory proof, that such deficiency was occasioned by the want of proper escorts and guards.

Eleventh. That at the stationary posts, proper store houses shall be provided on behalf of the public, for the reception and safe keeping if the provisions deposited from time to time, at such posts respectively; and the contractor shall suffer no [obscured] of such stores.

Twelfth. That said Daniel Vertner, his executors, or administrators, shall render his accounts to the proper officer for settlement, at least once in every six months, agreeably to such form as by the Comptroller of the Treasury may be established and made known to him.

Thirteenth. That whenever the Secretary of War shall, in pursuance of this contract, and on account thereof make advances or payments to the said Daniel Vertner the said Daniel Vertner shall receive as cash, if requested by the said Secretary, drafts from the Secretary of the Treasury in his favour, on the collectors of revenue or other persons holding public monies in the vicinity of any of the above mentioned posts.

Fourteenth. That all such advances of money as may be made to the said Daniel Vertner towards the supplies to be furnished, pursuant to this contract, and all such sums of money as th commander in chief may be obliged to disburse, in order to procure supplies, in consequence of any failure on the part of the said Daniel Vertner -"- in complying with the stipulations herein contained shall be duly accounted for by him, by way of set off, against the amount of such supplies, and the surplus, if any, repaid to the United States immediately after the expiration of the term of this contract, together with an interest at the rate of siz per centum per annum, from the time of such expiration until the same shall be actually paid. And that if any balance shall, on any settlement of the accounts of the said Daniel Vertner, his executors and administrators, be found to be due to him or them, for or by reason of the rations which shall be supplied, pursuant to this agreement, the same shall immediately be paid. And that no unnecessary or unreasonable delay, on the part of the officers of the United States, shall be given to the settlement of the accounts of the said Daniel Vertner his executors or administrators.

AND WHEREAS, by a certain agreement made on the Fourth day of September, 1800 between Samuel Dexter ~~James M^cHenry~~, then Secretary of War, and Edward Thomson, of the state of Pennsylvania it was stipulated , that the party of the second part should ~~deposit~~ furnish ~~months~~ supplies of rations at certain of the posts hereinbefore mentioned, between the first of Octoberl, 1800, and the 30^th of September; 1801; and where as on the commencement of this contract, supplies furnished under the said agreement may remain to be issued at the said posts-

it is agreed between the said Henry Dearborn ~~Samuel Dexter~~ and the said Daniel Vertner:

First. That an inventory shall be taken as soon as possible, which shall comprise all such supplies as shall have been delivered on or before the last day of September next, by virtue of the said agreement, and shall on that day remain unexpended.

Second. That the inventory shall be taken in the presence of the commanding officer of the post, and the party of the second part or his agent, and duplicate receipts given therefor by the said party of the second part or his agent expressing the quantity and quality of each article.

Revision: 1801/xqc22_4.jpg

Revision as of 15:05:46, 1 August 2019 by Esmithberger

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