[Articles of Agreement between the Secretary of War James McHenry and James O'Hara — A Copy] Articles of Agreement made on the twenty Seventh day of August, Anno Domine One thousand seven hundred and Ninety Eight, between James McHenry Secretary of War of the United States of America of the one part, and James O'Hara of Pittsburgh in the State of Pennsylvania of the Other part. This Agreement witnesseth that the Said James McHenry for and on behalf of the 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 bind with each Other as follows, Viz. 1^st. That the Party of the Second part, his Heirs Executors & Administrators 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 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 Boeuf, 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 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 [undecipherable: probable reading Ouiatanon] on the River Wabash, Twenty one Cents and two tenths. For every complete Ration issued at [undecipherable: probable reading 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 State of Kentucky, 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 Southern boundary of the State of Tennessee, twenty one cents and two tenths. For every complete Ration issued at Knoxville, Tellico Block house and at other posts and 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 Southern boundary of the State of Tennessee 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 between 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 removed, 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 Port. 2^nd. 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 one half of Candles to every hundred Rations. It is understood however, that if the quantities of the Component articles of a Ration Should be reduced by Law, the price to be allowed therefore 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 Gross Weight of every parcell weighed for draft and Wastage, but each parcell 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: six cents and three tenths. Meat: six 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 & six tenths. Liquor: four Cents. Small Parts: One cent and three tenths. That when the price of the Ration Shall be Seventeen Cents and Eight tenths, that of each of the Component parts Shall be as follows. Bread or Flour: five Cents and one tenth. Meat: six 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, that of each of the Component Parts Shall be as follows. Bread or Flour: five cents and six tenths. Meat: five cents and five tenths. Liquor: four Cents and one tenth. Small Parts: One Cent. That when 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: six Cents and three tenths. Liquor: eight Cents and six tenths. Small Parts: One cent and three tenths. That when 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. Viz. 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 six 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 one tenth. Liquor: ten Cents. Small Parts: One cent and four tenths. 3^rd. 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 two months, in advance, in good and Wholesome Provisions, to Consist of Salted Beef or Pork 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. 4^th. That no Whiskey but such as has paid the Excise Shall be purchased by the said James O'Hara, for the purposes Stipulated in this Contract. 5^th. 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 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 parts 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 Lawfull 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 before Aforesaid. 6^th. 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 for to be delivered, Kept up, Shall have Power to [strikethrough: appoint] Supply the deficiency, by purchase, at the risque, and on account of the said James O'Hara. 7^th. 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 thereof 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 there for the Payment of the Articles so withheld, Shall be made in money, by the Contractor or his Agent at the Contract Price. 8^th. That the said James O'Hara, or his Agent shall at each Post or place, where Supplying 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. 9^th. 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 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, of the Component parts And at the 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. 10^th. That Escorts and Guards for the safety of the Provisions, and for the protection 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 of supplies 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. 11^th. 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. 12^th. That as much of the said posts or places, where the Issues shall not exceed fifty Rations per day, it Shall not be encumberd 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 thereof, Regard being had, that the deliveries be Proportioned to the number of Troops at such Post, 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. 13^th. That the party of the Second part, his Executors, and Administrators, Shall render his accounts to the proper Officers of the Treasury, for Settlement, at least once in every six months, [strikethrough: Agreeably] Agreeably to such form, as by the Comptroller of the Treasury may be established and made known to him. 14^th. 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 [strikethrough: procure] 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 Six Per Centum Per Annum from the time of such expiration, until the same Shall be Actually repaid. And that if any balances Shall on any Settlements of the accounts of the said James O. Hara, his Executors, & 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 [strikethrough: unnecessary] unreasonable delay on the Part of the Officers of the United States, Shall be given to the Settlement of the Accounts, 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. James McHenry James O. Hara Signed, sealed and delivered in the presence John Caldwell J. O. [undecipherable] [seal] Knoxville April 9^th 1799 the above is a true [strikethrough: copy] copy of the original Hugh Stewart [Copy of a copy] [Attest:] [undecipherable]