[Article of agreement]
Document 1791Official agreement making Alexander Hamilton Executor of Theodasius Fowler's estate.
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Articles of Agreement made on the twenty eighth day of October One thousand seven hundred and Ninety, between Alexander Hamilton Secretary of the Treasury of the United States of America, for and on behalf of the said United States, of the one part, and Theodosius Fowler of the City of New York, of the other part—
This Indenture Witnesseth, That the said Alexander Hamilton for and on behalf of the United States of America, and the said Theodosius Fowler for himself, his Heirs, Executors and Administrators, have mutually covenanted and agreed, and by these presents do mutually covenant and agree to and with each other as follows:
First. That the party of the second part his Executors and Administrators, shall supply and issue as many Rations, to consist of the articles hereinafter specified, as shall be required of him for the service of the United States for and during the year One thousand seven hundred and ninety one, at the places and prices herein after declared, that is to say,
At any place or places between York Town in the State of Pennsylvania and Fort Pitt, [undecipherable] Fort Pitt and York Town, at four and three fourths ninetieths of a Dollar—
At any place or places between Fort Pitt and Venango, and at Venango, at eight and one half ninetieths of a Dollar—
At any place or places between Venango and Le Boeuf, at Le Boeuf, between Le Boeuf and Presque Isle, at Presque Isle, and between Presque Isle and the mouth of Cayuga River, at eleven and one half ninetieths of a Dollar.
At the mouth of Cayuga River, and at any place or places on the route from Fort Pitt to the mouth of Cayuga River, by the way of Big Beaver Creek, at nine and one half ninetieths of a Dollar—
At any place or places between Fort Pitt and Fort M'Intosh on the river Ohio, and at Fort M'Intosh, at four ninetieths of a Dollar—
At any place or places between Fort M'Intosh and the mouth of the River Muskingum, and at the mouth of the River Muskingum, at five and seven eighths ninetieths of a Dollar—
At any place or places between the mouth of the river Muskingum, and the mouth of the Scioto River, and at the mouth of the said River Scioto, at seven ninetieths of a Dollar—
At any place or places between the mouth of the Scioto River and the mouth of the Great Miami, [at the mouth of the Great Miami,] and from thence to the Rapids on the falls of the Ohio, and at the said Rapids, at four and three fourths ninetieths of a Dollar—
At any place or places from the Rapids of the Ohio, to the mouth of the Wabash, thence up the said Wabash to Post St. Vincennes, and thence up the said river Wabash to the Miamis Villages, at thirteen and one half ninetieths of a Dollar.
At any place or places from the mouth of the Wabash River to the mouth of the River Ohio and at the mouth of the said River Ohio, at four and one half ninetieths of a Dollar—
At any place or places on the west side of the River Mississippi, from the mouth of the Ohio River to the mouth of the Illinois River, at seventeen ninetieths of a Dollar—
At any place or places on the east side of the Mississippi, between the mouth of the Ohio and the River Margot, at fifteen ninetieths of a Dollar—
At any place or places from the said River Margot to the river Spicouis exclusively, at fourteen ninetieths of a Dollar—
At any place or places from the mouth of the River Tennessee to Overchappo or Beans Creek on the said River inclusively, at twelve and three fourths ninetieths of a Dollar—
At any place or places between the mouth of the Great Miamis, up the said Miamis, to, and at Picque Town, and thence over to the Miami Villages, on the waters of the same name, which empties into Lake Erie, at fifteen and one fourth ninetieths of a Dollar—
At any place or places from the mouth of the Miami River to the Miami Villages, at fourteen and three fourths ninetieths of a Dollar—
At any place or places from the Miami Villages to Sandusky, at Sandusky, and from Sandusky to the mouth of Cayuga River, at fourteen [undecipherable] ninetieths of a Dollar—
At any place or places between the mouth of the River Arranskeesquias, and up the said river to the Tippecanoes, and at the Tippecanoe, and thence over to the Cayuga River, and down the said river to its mouth, at nine and one half ninetieths of a Dollar—
Secondly. The Ration shall consist of the following Articles—
One pound of Bread or Flour,
One pound of Beef, or three quarters of a pound of Pork,
Half a Gill of Rum, Brandy or Whiskey,
One quart of Salt,
Two quarts of Vinegar, } Per hundred Rations
Two pounds of Soap,
One pound of Candles,
Thirdly. That where the price of the Ration shall be four and [undecipherable] ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 1¾
Beef 2
Whiskey 1
Small parts ⅞
4⅞
That where the price of the Ration shall be eight and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2⅝
Beef 3⅝
Whiskey 1¾
Small parts ½
8½
That where the price of the Ration shall be eleven and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 4
Beef 5
Whiskey 1⅝
Small parts ⅞
11⅜
That when the price of the Ration shall be nine and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 3½
Beef 3½
Whiskey 2
Small parts ½
9½
That where the price of the Ration shall be six ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2
Beef 2¾
Whiskey 1
Small Articles ¼
6
That where the price of the Ration shall be five and seven eighths ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2
Beef 2¾
Whiskey 1
Small parts ⅛
5⅞
That where the price of each Ration shall be seven ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2⅝
Beef 3
Whiskey 1
Small parts ⅜
7
That where the price of each Ration shall be five and three fourths ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2⅝
Beef 3
Whiskey 1
Small parts ⅜
6⅝
That where the price of each Ration shall be thirteen and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 4⅝
Beef 5⅝
Whiskey 3
Small parts 1
13⅞
That where the price of the Ration shall be seven and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 2⅝
Beef [undecipherable]
Whiskey 1⅞
Small parts [undecipherable]
7½
That where the price of the Ration shall be seventeen ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 6⅝
Beef 6⅝
Whiskey 3
Small parts 1
17
That where the price of the Ration shall be fifteen ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 5⅝
Beef 5⅝
Whiskey 3
Small parts 1
15
That where the price of the Ration shall be fourteen ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 4⅝
Beef 5⅝
Whiskey 3
Small parts 1
14
That where the price of the Ration shall be twelve and three fourths ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 5
Beef 4⅝
Whiskey 2¼
Small parts 1⅛
12¾
That where the price of the Ration shall be fifteen and one fourth ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 5⅝
Beef 5⅝
Whiskey 3⅞
Small parts 1
15⅝
That where the price of the Ration shall be fourteen and three fourths ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 5⅝
Beef 5⅝
Whiskey 2⅞
Small parts 1
14¾
That where the price of the Ration shall be fourteen [undecipherable] ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 5½
Beef 5⅞
Whiskey 2¾
Small parts [undecipherable]
14
That where the price of the Ration shall be nine and one half ninetieths of a Dollar, that of each of the component parts shall be as follows:
Bread 3⅝
Beef 3⅝
Whiskey 2
Small parts [undecipherable]
9⅜
Fourthly. That the party of the second part his Executors and Administrators, shall render his or their accounts to the proper Officers of the Treasury for settlement, at least [undecipherable] months.
That immediately upon the execution of a bond in obligation to bind himself with these presents, by the said Theodosius Fowler, together with two sufficient Sureties, to the satisfaction of the Secretary of the Treasury for the time being, in the sum of One hundred thousand Dollars, with condition that the said Theodosius Fowler his Executors and Administrators shall well and truly perform and execute all and singular the covenants and agreements herein contained on his and their part to be performed, there shall be advanced and paid by the said United States to the said Theodosius Fowler his Executors or Administrators the sum of Ten thousand Dollars on account of the Rations to be furnished as aforesaid.
That on the [blank] day of January next, there shall also be advanced and paid by the said United States to the said Theodosius Fowler his Executors or Administrators the further sum of Ten thousand Dollars on the account aforesaid. And that if any balance shall on any settlement of the accounts of the said Theodosius Fowler his Executors or Administrators be found due to him or them, for or in respect of the Rations which shall be supplied pursuant to this agreement, the same shall be immediately 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 party of the second part his Executors or Administrators.
Fifthly. That all losses sustained by the depredations of the enemy, or by means of the Troops of the United States, shall be paid for at the component prices of the articles captured, or destroyed, on the depositions of two or more credible characters, and the certificate of a commissioned Officer, ascertaining the circumstances of the loss and the amounts of the articles for which compensation is claimed—
Sixthly. That the accounts of the [party of the] second part shall be rendered [undecipherable] to the [undecipherable] connected, or by such other [undecipherable] as the Comptroller of the Treasury may hereafter [be] established and made known to them—
In Witness whereof the said Secretary of the Treasury on behalf of the United States, hath hereunto Subscribed his hand and affixed the Seal of the Treasury; and the said Theodosius Fowler, hath hereunto for his hand and [set] the day and year above written—
[Seal]
Alexander Hamilton
Secretary of the Treasury
Sealed and delivered
in the presence of
J. Hardy
Wm. M'Morris
J. Meyer
Chas. G. [undecipherable] Witnesses to the signing by the
Secretary of the Treasury
Theodosius Fowler [Seal]
Whereas in the foregoing articles of agreement the words "at Post St. Vincennes" have been omitted, it is understood by the parties and hereby declared that the troops at that Post shall be supplied at the rate of thirteen and one half ninetieths of a Dollar per Ration—
And Whereas in the said articles the place "Beaver Creek" has been erroneously inserted, it is hereby declared and agreed between the contracting parties, that the paragraph relative to the supplying of the troops at the mouth of the Tennessee shall be construed as follows, Viz:
At any place or places from the mouth of the River Tennessee to Overchappo, or Beans Creek on the said River inclusively, at twelve and three fourths ninetieths of a Dollar—
In Witness whereof the said [undecipherable] and the said Theodosius Fowler have hereunto Subscribed their hands, and the said Theodosius Fowler hath hereunto affixed his Seal, this first Day of November One thousand Seven hundred and ninety.
Alexander Hamilton Theodosius Fowler [Seal]
Secretary of the Treasury
Witness
J. Meyer
[undecipherable] Francis
[Treasury Department]
Feby 18th 1793
On this and the preceding twelve pages is a true Copy of the Contract between the Secretary of the Treasury and Theodosius Fowler, compared with the Original on file in this Office—
[undecipherable: Joseph Nourse?]
True Copy from the Records
at the War Office—
W. Bankson C. C.
Type
Copy of Signed Document
Description
Official agreement making Alexander Hamilton Executor of Theodasius Fowler's estate.
Date
02/18/1791
Author
Sent from
War Office
Collection
Document number
1791021890001
Page start
1
Note
original document signed by Fre[derick] Co[xxe]. True copy signed by P.B. B[unk]smith. Neither name exists in our files.
Notable persons
Alexander Hamilton
Theodasius Fowler
Fre[derick] Co[xxe]
P.B. B[unk]smith

