Articles of Agreement
Document 1798Articles of agreement outlining agreed prices on rations and other articles, outlining expectations for both parties.
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Articles of Agreement,
Made on the twenty-ninth day of August, Anno Domini, one thousand seven hundred and ninety-eight, between James M'Henry, secretary of war of the United States of America, of the one part, and James O'Hara of Pittfburgh, in the state of Pennsylvania, of the other part.
THIS agreement witnesseth, that the said James M' Henry, for and on behalf of the said United States of America, and the said James O'Hara, 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, viz.
1st. That the party of the second part, his executors, and administrators,¹ shall deposit, supply, and issue all the rations herein specified, and which shall be hereafter required of him, for the service of the United States, from the first day of October, one thousand seven hundred and ninety-eight, to the thirtieth day of September, one thousand seven hundred and ninety-nine, at the respective places, and following prices.
For every complete ration issued at Oswego, twenty-one cents and two tenths.
For every complete ration issued at Niagara, twenty-one cents and two tenths.
For every complete ration issued at Presqu-isle, twenty-four cents.
For every complete ration issued at Detroit, twenty-five cents and nine tenths.
For every complete ration issued at Michilimackinac, twenty-eight cents and two tenths.
For every complete ration issued at Fort Franklin; fourteen cents.
For every complete ration issued at Pittfburgh, seventeen cents and eight tenths.
For every complete ration issued at Le Beuf, fourteen cents.
For every complete ration issued at Cincinnati, sixteen cents and two tenths.
For every complete ration issued at Greenville, fourteen cents.
For every complete ration ifsued at Picque town, fourteen cents.
For every complete ration issued at Loramie's ftore, fourteen cents.
For every complete ration issued at Fort Wayne, twenty-eight cents and two tenths.
For every complete ration issued at Fort Defiance, sixteen cents and two tenths.
For every complete ration issued at any place, below Fort Defiance, on the Miami river, to Lake Erie, sixteen cents and two tenths.
For every complete ration issued at Fort Knox, and Ouatanon; on the river Wabash, twenty-one cents and two tenths.
For every complete ration issued at Mafsac, twenty-one cents and two tenths.
For every complete ration issued at any place or places on the east fide of the river Mifsifsippi, above the mouth of the river Ohio, and upon the Illinois river, thirty cents and six tenths.
For every complete ration issued at any place or places, on the east side of the Mifsifsippi river, below the mouth of the river Ohio, to the southern boundary of the state of Kentucky, twenty-one cents, and two tenths.
For every complete ration ifsued at any post or place in Kentucky, excepting on the Mifsifsippi, fourteen cents.
For every complete ration ifsued at any place or places, on the east fide of the Mifsifsippi river, below the southern boundary of the state of Kentucky, to the southern boundary of the state of Tenneflee, twenty-one cents and two tenths.
For every complete ration issued at Knoxville, Tellico block-house, and at other posts or places in Tenneflee, excepting on the Mifsifsippi, seventeen cents and eight tenths.
For every complete ration ifsued at any place or places on the east side of the river Mifsifsippi, below the southern boundary of the state of Tenneflee, to the southern boundary of the United States, twenty-four cents.
Should any rations be required at any places, or within any other districts not specified in this contract, the price of the same shall be hereafter agreed on, betwixt the public and the contractor, but it is to be understood, that it is in the option of the public to require the delivery of the rations at any of the enumerated places, or posts, though designed to be consumed at other places or posts, paying the stipulated prices at the places of delivery; provided, that if the contractor shall have been required to deposit provisions at one place or post, and shall afterwards be required to remove them, to be delivered at another place or post, at which the price of the ration is lower than at the first mentioned place or post, the price to be allowed for such provisions so remov'd shall be that which is stipulated to be paid at the said first mentioned place or post, together with the expenses of transportation to such other place or post.
2d. That the ration to be furnished, and delivered, by virtue of this contract, shall consist of the following articles, viz.
Eighteen ounces of Bread or Flour.
One pound and a quarter of Beef, or three quarters of a pound of Pork.
A gill of Rum, Brandy, or Whiskey.
And at the rate of, two quarts of Salt,—four quarts of Vinegar,—four pounds of Soap,—and one pound and an half of Candles, to every hundred rations.
It is understood however, that if the quantities of the component articles of a ration shall be reduced by law, the price to be allowed therefor, shall be proportionally reduced. And it shall be in the option of the party of the second part to issue Beef, Pork, or Bacon, and in all cases where salted provisions are issued, the article of Salt shall not be required; that in the delivery of Bread, Flour, or Meat, one per cent shall be deducted from the grofs weight of every parcel weighed, for draft and waftage, but each parcel weighed, shall include no greater number of rations, than are sufficient for a regiment, nor shall there be any allowance where it comprises less than one hundred rations: in lieu of this allowance, the commanding officers of corps and detachments may require deliveries by companies; it is also understood, that the commanding officer may at any time, and at all times, as he may think proper, require of the party of the second part, Flour instead of Bread:
That where the price of the ration shall be twenty-one cents, and two tenths of a cent, that of each of the component parts shall be as follows:
Bread, or flour, - - fix cents and three tenths,
Meat, - - - fix cents and three tenths,
Liquor, - - - seven cents and three tenths,
Small parts, - - - one cent and three tenths,
That where the price of the ration shall be fourteen cents, that of each of the component parts shall be as follows:
Bread, or flour, - - four cents and one tenth,
Meat, - - - four cents and fix tenths,
Liquor, - - - four cents,
Small parts, - - - one cent and three tenths.
That where the price of the ration shall be seventeen cents and eight tenths of a cent; that of each of the component parts shall be as follows:
Bread, or flour, - - five cents and one tenth,
Meat, - - - fix cents and nine tenths,
Liquor, - - - four cents and five tenths,
Small parts, - - - one cent and three tenths.
That where the price of the ration shall be sixteen cents and two tenths of a cent, that of each of the component parts shall be as follows:
Bread, or flour, - - five cents and fix tenths,
Meat, - - - five cents and five tenths,
Liquor, '- - - four cents and one tenth,
Small parts, - - one cent.
That where the price of the ration shall be twenty-four cents, that of each of the component parts shall be as follows:
Bread, or flour, - - seven cents and eight tenths,
Meat, • - - - fix cents and three tenths,
Liquor, - - - eight cents and fix tenths,
Small parts, - - - one cent and three tenths.
That where the price of the ration shall be twenty-five cents and nine tenths of a cent, that of each of the component parts shall be as follows:
Bread or flour, - - seven cents and one tenth,
Meat, - - - seven cents and five tenths,
Liquor, - - - ten cents,
Small parts, - - - one cent and three tenths.
That where the price of the ration shall be twenty-eight cents and two tenths of a cent, that of each of the component parts shall be as follows:
Bread, or flour, ÷ - - eight cents and fix tenths,
Meat, - - - eight cents and three tenths,
Liquor, - - - ten cents,
Small parts, - - ,- one cent and three tenths.
That where the price of the ration shall be thirty cents and fix tenths of a cent, that of each of the component parts shall be as follows:
Bread, or flour, - - ten cents and one tenth,
Meat, - - - nine cents and one tenth,
Liquor, - - - ten cents,
Small parts, - - - one cent and four tenths.
3d. That the supplies shall be furnished by the party of the second part, at the posts of Oswego, Niagara, Presque Isle, Detroit, Michilimackinac, Fort Defiance, and Fort Wayne, in such quantities, as that there shall always be sufficient for the consumption of the troops for the space of fix months in advance, in good and wholesome provisions, to consist of salted pork, or beef, or both, and a correspondent quantity of flour, and other articles, forming the ration: And that there shall be, if required, at each of the other posts mentioned, and provided for in this contract, such quantities of like provisions, as shall be sufficient for the consumption of the troops, for the space of, at least, three months in advance.
4th, That no whiskey, but such as has paid the excife, shall be purchased by the said James O'Hara, for the purposes stipulated in this contract.
5th. 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 furvey shall be held thereon, by two disinterested persons, one to be chosen by the commanding officer of the post, and the other by the said James O'Hara, 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 James O' Hara, or his agent, shall fail, or neglect to appoint a person, to inspect the said provisions, within five days after notice being given by the commanding officer of the post, which notice shall 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.
6th. That the Brigadier 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 James O'Hara.
7th. That whenever any articles constituting the whole, or any part of the ration, shall not be in store, and withheld from the officers and soldiers; 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.
8th. That the said James O'Hara, 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.
9th. That all lofses sustained by the depredations of an enemy, or by means of the troops of the United States, with regard to the articles composing the rations, as well as to 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 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.
10th. That 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 officer of the army, or of any post, to whom application may be made, the same can be done, without prejudice to the service, and that the party of the second part 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.
11th. That at all stationary posts, proper store-houses shall be provided on behalf of the public, for the reception and safe-keeping of the provisions deposited from time to time, at such posts respectively.
12th. That at such of the said posts, or places, where the issues shall not exceed fifty rations per day, it shall not be incumbent on the party of the second part to employ a commissary for the issuing of rations, but rations may be delivered in bulk; the vouchers for which shall be a receipt, or certificate from the officer commanding at any such post, who shall provide for and direct the issues thereat; regard being had that the deliveries be proportioned to the number of troops, at such posts, and the instructions which shall have been given to the contractor by the Brigadier General, or commanding officer of the army. It is also agreed, that at the last mentioned posts, the contractor shall, when the season will permit, furnish the troops with a portion of fresh meat.
13th. That the party of the second part, his executors, and administrators, shall render his accounts to the proper officer of the treasury, for settlement, at least once in every fix months, agreeably to such form, as by the Comptroller of the treasury may be established and made known to him.
14th. That all such advances of money as may be made to the said James O'Hara, towards the supplies to be furnished, pursuant to this contract, and all such sums of money, as the Commander in chief may be obliged to disburse, in order to procure supplies, in consequence of any failure on the part of the said James O'Hara, 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 fix per centum per annum, from the time of such expiration, until the same shall be actually repaid.—And that if any balance shall on any settlement of the accounts of the said James O' Hara, 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 party of the second part, his executors, or administrators.
In WITNESS WHEREOF, the said Secretary of War on behalf of the United States, hath hereunto subscribed his hand, and affixed the seal of the War Office of the United States; And the said James O'Hara hath hereto set his hand and seal, the day and year first above written.
(L.S.)
Signed, sealed, and delivered } JAMES McHENRY,
in presence of }
JOHN CALDWELL, JAMES O'HARA. L.S.)
Jos. PARROTT.
Type
Contemporary Printed Copy of Letter/Document (other than PL/PD)
Description
Articles of agreement outlining agreed prices on rations and other articles, outlining expectations for both parties.
Date
08/29/1798
Author
Recipient
Sent from
Pittsburgh
Collection
Document number
1798082900001
Page start
1
Notable persons
James McHenry
James O'Hara
John Caldwell
Parrott
troops
Secretary of War
Loramie
Notable locations
Pittsburgh, Pennsylvania
Oswego
Niagara
Presque-ille
Detroit
Michilimackinac
Fort Franklin
Le Beuf
Cincinnati
Greenville
Picque Town
Fort Wayne
Fort Defiance
Miami River
Lake Erie
For Knox
Ouatanon
Wabash River
Massac
Mississippi River
Kentucky
Ohio River
Knoxville
Tellico
Tennessee
Notable items
Prices
rations
bread
flour
rum
brandy
whiskey
beef
pork
meat
liquor
candles
vinegar
salt
soap
bacon

