[Docket: Contract from 1^st day of October 1799 to 30^th Sep^t 1800] Articles of Agreement, [1799 Aug^y. 1] Made on the first ——— day of August Anno Domini, one thousand seven hundred and ninety-nine, between James M'Henry, secretary for the department of war of the United States of America, of the one part, and James O'Hara of 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. First. That the said James O'Hara ——his executors or Administrators, shall deposit, supply, and issue all the rations herein specified, and which shall be hereafter required of him or them, for the use of the United States, from the first day of October, one thousand seven hundred and ninety-nine, to the thirtieth day of September, one thousand eight hundred, at the respective places and prices following: For every complete ration issued at Oswego, fifteen cents. For every complete ration issued at Niagara, fifteen cents. For every complete ration issued at Presque-isle, sixteen cents and eight tenths. For every complete ration issued at Detroit, sixteen cents and eight tenths. For every complete ration issued at Michilimackinac, nineteen cents and three tenths. For every complete ration issued at Fort Franklin, thirteen cents. For every complete ration issued at Pittsburgh, thirteen cents. For every complete ration issued at Le Bœuf, fourteen cents. For every complete ration issued at Cincinnati, thirteen cents. For every complete ration issued at Greenville, thirteen cents. For every complete ration issued at Picquetown, thirteen cents. For every complete ration issued at Loramie's store, thirteen cents. For every complete ration issued at Fort Wayne, nineteen cents and three tenths. For every complete ration issued at Fort Defiance, thirteen cents. For every complete ration issued at any place below Fort Defiance, on the Miami river to Lake Erie, thirteen cents. For every complete ration issued at Fort Knox, and Ouatanon, on the River Wabash, fifteen cents. For every complete ration issued at Massac, fifteen cents. 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, twenty cents and three 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, sixteen cents and three tenths. For every complete ration issued at any post or place in Kentucky, excepting on the Mississippi, ten cents and two tenths. For every complete ration issued at Knoxville, Tellico Block-house, and at other posts or places in Tennessee, excepting on the Mississippi, fourteen cents. For every complete ration issued at St. Stephens on the Tombigbee, or Mobile, 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 removed shall be that which is stipulated to be paid at the said first mentioned place or post, together with the expences of transportation to such other place or post. Second. 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, or when neither can be obtained, of one quart of rice, or one and an half pound of sifted or boulted Indian meal, one pound and a quarter of fresh beef, or one pound of salted Beef, or three quarters of a pound of salted pork, and when fresh meat is issued, salt at the rate of two quarts for every hundred rations, soap at the rate of four pounds, and candles at the rate of a pound and an half for every hundred rations; and whenever the Commander in Chief of the Army, or the commanding officer of any seperate detachment, or garrison thereof shall so require, half a gill of rum or whiskey, or other ardent spirits, and whensoever supplies thereof shall be on hand, vinegar at the rate of two quarts for every hundred rations. It is understood, and agreed, that when the proper officer shall make no requisition for ardent spirits, there shall be no issue of the same, and a reduction in the price of every ration, of which ardent spirits make no component part, be made conformably to a scale hereinafter agreed upon. It is understood, that it shall be in the option of the General or officer commanding an army or a great military district in all cases, not otherwise provided for by this contract, to direct when, and how often fresh or salted meat shall be issued, by general orders, to be promulged a reasonable time before the issue is to commence; that in all cases, where salted provisions are issued, the article of salt shall not be required; that the Contractor shall always issue flour two days in every week, and the option of bread or flour for the remainder of the week be with the Contractor; that in the delivery of bread, flour or meat, one per cent. shall be deducted from the gross weight of every parcel weighed, 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 one hundred rations: in lieu of this allowance, the commanding officers of corps and detachments may require deliveries by companies. That where the price of the ration shall be fifteen cents, that of each of the component parts shall be as follows: Bread, or flour, six cents, Meat, six cents Half a gill of liquor, two cents, Small parts, one cent, That where the price of the ration shall be sixteen cents and eight tenths, that of each of the component parts shall be as follows: Bread, or flour, six cents, Meat, six cents and five tenths, Half a gill of liquor, three cents, Small parts, one cent and three tenths, That where the price of the ration shall be nineteen cents and three tenths, that of each of the component parts shall be as follows: Bread, or flour, eight cents, Meat, seven cents, Half a gill of liquor, three cents, Small parts, one cent and three tenths. That where the price of the ration shall be thirteen cents, that of each of the component parts shall be as follows: Bread, or flour, four cents and five tenths, Meat, five cents and five tenths, Half a gill of liquor, two cents, Small parts, one cent, That where the price of the ration shall be twenty cents and three tenths, that of each of the component parts shall be as follows: Bread, or flour, eight cents, Meat, eight cents, Half a gill of liquor, three cents, Small parts, one cent and three tenths, That where the price of the ration shall be sixteen cents and three tenths, that of each of the component parts shall be as follows: Bread, or flour, six cents, Meat, six cents, Half a gill of liquor, three cents, Small parts, one cent and three tenths, That where the price of the ration shall be ten cents and two tenths, that of each of the component parts shall be as follows: Bread, or flour, four cents, Meat, four cents, Half a gill of liquor, one cent and five tenths, Small parts, seven 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, five cents, Meat, six cents. Half a gill of Liquor, two cents, 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 twelve cents and seven tenths, Meat seven cents, Half a gill of Liquor three cents, Small parts one cent and three tenths. Third. That the supplies shall be furnished by the said James O'Hara at the posts of Oswego, Niagara, Presq'isle, Detroit, 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 six months in advance and at the Fort of Michilimackinac, in such quantities, as that there shall always be sufficient for the troops, for the space of nine 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 of the said James O'Hara —— furnished 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. Fourth. That no whiskey, or ardent spirits, but such as has paid the excise, shall be purchased by the said James O'Hara —— 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 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. 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 James O'Hara —— Seventh. 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 with-held.—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 with-held, shall be made in money, by the contractor, or his agent, at the contract price. Eighth. 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. 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. 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 general 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 said James O'Hara —— 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 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; and the contractor shall suffer no loss for want of such stores. Twelfth. That the said James O'Hara 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 all 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 six 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 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 James O'Hara —— his Executors, or Administrators. IN WITNESS whereof the said Secretary of War on behalf of the United States, hath hereunto subscribed his name, 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 M^cHenry Sec^y of war James O'Hara [Seal] Signed, Sealed and delivered } in presence of } John Caldwell N. Jones