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 Pittburgh, 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, Shall deposit, Supply, and issue all the rations herein provided, and which Shall be called for or required, for the Service of the United States, from the last day of October, one thousand Seven hundred and ninety-eight, to the thirtieth day of September, one thousand Seven hundred and ninety-nine, Successively, at the 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 Presque-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 Pittsburgh, Seventeen cents and eight tenths. For every complete ration issued at Le Bœuf, 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 issued at Piqua town, fourteen cents. For every complete ration issued at Loramie's Store, fourteen cents. For every complete ration issued at Fort Adams, twenty-eight cents and two tenths. For every complete ration issued at Fort Defiance, twenty cents and eight tenths. For every complete ration issued at any place, between Fort Defiance, on the Miami river, to Lake Erie, fourteen cents and two tenths. For every complete ration issued at Fort Knox, on the river Wabash, twenty-one cents and two tenths. For every complete ration issued at Massac, twenty-one cents and two tenths. For every complete ration issued at any place or places on the east Side of the river Mississippi, 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 Mississippi river, below the mouth of the river Ohio, to the Southern boundary of the United States, twenty-one cents and two tenths. For every complete ration issued at any post or place in Kentucky, excepting on the Mississippi, fourteen cents. For every complete ration issued at any place or places, on the east Side of the Mississippi river, below the Southern boundary of the State of Kentucky, to the mouth of the Ohio, twenty one cents and three tenths. For every complete ration issued at Knoxville, Tellico block-house, and at other posts or places in Tennessee, excepting on the Mississippi, Seventeen cents and eight tenths. For every complete ration issued at any place or places on the east Side of the river Mississippi, below the mouth of the Ohio, to the Southern limits, to the Southern boundary of the United States, twenty-four cents. Should any ration be required at any place or places, other than the places not Specified in this contract, it Shall be in the option of the public to require the delivery of the rations at any of the enumerated places, at a price to be the price to be understood, (which Shall be in all cases where listed provisions are used, 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 gross weight of every parcel received, for draft and wastage; 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 Seventy rations: In lieu of this allowance, the commanding officers of corps and detachments may require deliveries by companies or Smaller parties; but the contractor is therefore obligeable within two months, 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 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 two 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 Six tenths, Liquor, - - - four cents, Small parts, - - - one cent and three tenths, That where the price of the ration Shall be Seventeen cents, that of each of the component parts Shall be as follows: Bread, or flour, - - - five cents and one tenth, Meat, - - - fix cents and two tenths, Liquor, - - - five cents, Small parts, - - - one cent and three tenths, That where the price of the ration Shall be Extended to twenty-four cents, 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, - - - [undecipherable], Small parts, - - - one cent. That where the price of the ration Shall be twenty 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, - - - five cents and five 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 Six 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 fix tenths, Liquor, - - - ten cents, Small parts, - - - one cent and four tenths. 2d. That the Supplies Shall be furnished by the party of the Second part, at the posts of Oswego, Niagara, Presque-Isle, Detroit, Michilimackinac, Fort Franklin, and Fort Wayne, in Such quantities, as Shall there find four ways be Sufficient for the consumption of the troops for the Space of Six months in advance, in good and wholesome conditions, to consist of Such pork, or beef, flour, Salt, Spirits, and vinegar, Soap and Salt, 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 Supplies, as from these posts it may be most convenient to furnish, for the Space of, at least, three months in advance. 4th. That Such articles of Stock as are paid the excise, Shall be furnished by 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 the 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 Six per centum, per annum, from the time Such Surplus might have been applied, until actual payment: 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 on account of the consideration to be by him given, pertinent 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. 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 Substitute one article for another, and in all cases where failed provisions are used, 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 gross weight of every parcel received, for draft and wastage; 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 Seventy rations: In lieu of this allowance, the commanding officers of corps and detachments may require deliveries by companies or Smaller parties; but the contractor is therefore obligeable within two months, as he may think proper, require of the party of the Second part, Flour instead of Bread. 3d. That the Suppliers of the Said James O'Hara, Shall at every post or place, where the Same 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. And it Shall be at the rate of, two quarts of Salt—four quarts of Vinegar,—four pounds of Soup,—and one pound and an half of Candles, to every hundred rations. 7th. That all losses Sustained by the depredations of an enemy, or by means of the troops of the United States, with regard to the articles of Supplies of provisions, as well as all other property necessarily used in transporting the Same, Shall be paid for at the contract price of the rations, or the current prices of the articles appraised values, (when the Same can be obtained) ascertaining the cost thereof, and the certificate of a commissioned officer which compensation or payment — 10th. That escorts and guards for the Safety of the provisions, and for the protecting of the cattle, against an application 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 preservation of the Supplies, the rent from those Store-houses to be paid by the party. 12th. That at Such of the Said posts, or places, where the Stores Shall not exceed fifty rations per day, it Shall not be incumbent upon the party of the Second part to employ a Special agent 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 the issuing of Such rations thereof; regard being had that the deliveries be proportioned to the number of troops, at Such posts; and the deficiencies which Shall have been given him, the contractor Shall, when the Same Shall be in the Standing officer of the army. It is also agreed, that at the Said 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 or officers of the United States, Shall once in every Six months, agreeably to Such forms as by the Comptroller of the treasury may be established and made known to him. 14th. That 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 procuring Said Supplies, in consequence of a 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 the 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 Six per centum, per annum, from the time Such Surplus might have been applied, until actual payment: 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 on account of the consideration to be by him given, pertinent 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. 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 officers, to appoint Such person, as he may think proper, to inspect the Same; and when So done, it Shall be lawful to condemn as aforesaid. 5th. That the Brigadier General, or person appointed by him, to whom Such articles of absolute failure, or deficiency, by purchase, at the request, and on account of the Said James O'Hara. 7th. That if any articles constituting the whole, or any part of the ration, Shall not be in Store, and withdrawn from the officers and Soldiers; a deduction therefore Shall be 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 expected 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 agent, Shall at each post where the Same 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 losses Sustained by the depredations of an enemy, or by means of the troops of the United States, fame, Shall be paid for at the contract price of the rations, or the current prices of the articles, or at appraised values, (when the Same can be obtained) ascertaining the cost thereof, and the certificate of a commissioned officer which compensation or payment — 10th. That escorts and guards for the Safety of the provisions, and for the protecting of the cattle, against an application 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 preservation of the Supplies; the rent from those Store-houses to be paid by the party. 12th. That at Such of the Said posts, or places, where the Stores Shall not exceed fifty rations per day, it Shall not be incumbent upon the party of the Second part to employ a Special agent 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 the issuing of Such rations thereof; regard being had that the deliveries be proportioned to the number of troops, at Such posts; and the deficiencies which Shall have been given him the contractor Shall, when the Same Shall be in the Standing officer of the army. It is also agreed, that at the Said 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 or officers of the United States, Shall once in every Six months, agreeably to Such forms as by the Comptroller of the treasury may be established and made known to him. 14th. That 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 procuring Said Supplies, in consequence of a 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 the 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 Six per centum, per annum, from the time Such Surplus might have been applied, until actual payment: 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 on account of the consideration to be by him given, pertinent 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, the day and year first above written; And the Said James O'Hara hath hereunto Set his hand and Seal, the day and year first above written. [L.S.] JAMES McHENRY, [L.S.] Signed, Sealed, and delivered in presence of John Caldwell, JAMES O'HARA. [L.S.] Jo. Parrott.