Contract for Troop Supplies
Document 1799An agreement between James McHenry, Secretary of War, and James O'Hara who pledges to provide rations and other supplies for the use of the troops within the States of Virginia, Maryland, Pennsylvania, and Delaware.
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Articles of Agreement,
Made on the tenth day of [undecipherable] Anno Domini, one thousand seven hundred and ninety-nine, between James McHenry, Secretary for the Department of War of the United States of America, of the one part, and 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 [undecipherable] 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 [undecipherable] his Executors or Administrators, shall supply and deliver all Rations, to consist of the articles hereinafter specified, that shall be required at forts or for the use of the United States, at all, and every place or places, where troops are or may be Stationed, marched or recruited within the limits of the States of Virginia, Maryland, Delaware and Pennsylvania, thirty days notice being given, of the post or place, where rations may be wanted, or the number of troops to be furnished on each march, from the first day of January which will be in the year Eighteen Hundred, until the thirty-first day of December included in the same year, at the following prices, that is to say, at any place where rations shall be issued within the States of Virginia and Maryland, thirteen cents and seven tenths, and at any place where rations shall be issued within the States of Delaware and Pennsylvania, fourteen cents and eight tenths. That where the price of the ration shall be thirteen cents and seven tenths, that of each of the component parts shall be as follows:
Bread or Flour — six cents.
Meat — five cents and four tenths.
— one cent and six tenths.
Spirits — one cent and seven tenths.
That where the price of the ration shall be fourteen cents and eight tenths, that of each of the component parts shall be as follows:
Bread or Flour — six cents and five tenths.
Meat — five cents and five tenths.
— one cent and eight tenths.
Spirits — one cent and ten tenths.
Second. That the rations be furnished and delivered to such of the aforesaid shall consist of the following, viz.—Eighteen ounces of Bread or Flour, or when neither can be obtained, of one quart of Rice, or one and a half pound of Sifted or bolted 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, in the ratio of four pounds and Candles at the rate of a pound and a half to every hundred rations; and whenever the Commander in Chief of the Army, or the commanding officer of any separate department, or garrison, shall, in express, halt a gill of Rum or Whiskey, or other ardent Spirits, an Alaundance [undecipherable: Allowance] thereof shall be so issued, Vinegar at the rate of two quarts to every hundred rations. It is understood and agreed, that when the proper ration shall make no stipulation for ardent Spirits, they to be in litu of the fame, and a reduction in the price of every such ration, of which ardent spirits do not compose a part, to be made conformably to a Scale hereinafter adopted.
It is understood that it shall be in the option of the officer or officer commanding an army or a great military divisi[on], in all cases of contracts provided for by this contract, to direct when and how often salted or fresh Beef shall be issued by his general orders; to be promulged a reasonable time before the like is in conformance; that in all cases where these provisions are issued, the articles of salt meat not required, shall, the contractor shall always keep the flour in twenty days notice, and the couple of Bread or Flour for the remainder of the week so directed.
Third. That Supplies shall be furnished by the said [undecipherable] at the fortified places and military posts, that are or may be established in the State aforesaid upon the requisition of the commander of that army, in, that quantities as shall not exceed what is sufficient for the troops to be there furnished, for the space of three months in advance, in good and wholesome provisions, confirming of the proportions of, all the articles forming the ration.
It is understood that if the contractor shall have been required to deposit provisions at one place or post and shall afterwards be required to remove them, thedeliveries at another place or post, the expense of such transportation to such other place or post, shall be borne by the United States.
Fourth. That no Whiskey or ardent Spirits but such as the article has been paid upon, shall be purchased by the said [undecipherable] for the purposes stipulated in this contract.
Fifth. That whenever and as often as the provisions stipulated to be furnished under this contract shall, in the opinion of the commanding officer of the post or place, where they are offered to be issued, be unfit for use or for, a Survey shall be held thereon, by two disinterested persons, one to be chosen by the commanding officer, and the other by the said [undecipherable] or his agent, and in case of disagreement, a third person to be called by mutual consent, who shall have power to condemn any part of the provisions, as to them may appear unfit to use. But if the said [undecipherable] or his agent, shall fail or neglect to appoint a person, to inspect the said provisions, after reasonable notice in writing, it shall be permitted to 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 such post or place, in case of absolute failure or deficiency in the quantity of provisions contracted to be delivered and issued, shall have power to supply the deficiency by purchase, at the risk and on the accounts of the said [undecipherable] [undecipherable].
Seventh. That whenever any rations are collected on or any of the rafts, the bills exhibited for some from the officers and soldiers, due bills for the given therefor payable within two months, by delivery of the articles which compose it. If at the expiration of the said two months, the contractor or his agent, shall not deliver the articles specified in the said due bills, within ten days after demand being made therefore, payment for the rations so with held shall be made to money by the contractor in his agent on the contract price.
Eighth. That all losses sustained by the depreciation of an enemy, or by means of the troops of the United States, in articles intended to comprise, to the ration under this contract, being the property of the contractor as well as in other property immediately tied to it in furnishing the same, shall be paid for at the contract prices of the rations, or the component parts, and an an appraisal value of the other articles, on the deposition of one or more suitable characters, and the certificate of a commissioned officer, where the same can be obtained, accompanying the circumstance of the lots, and the amount of the articles for which compensation is claimed.
Ninth. 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 at any post or with any expedition may be made, the same cannot be done without prejudice for the Service, and that the said [undecipherable] shall not be answerable for any deficiency or lossless or any of the said posts or places where he shall have upon statutory proof, that such deficiency was occasioned by the want of proper escorts or guards.
Tenth. That at all Stationary posts, proper Store-houses shall be provided on behalf of the public for the purpose of Storing any of the provisions hereinafter provided from time to time, at such posts respectively, and the contractor shall have no toll or rent for the same.
Eleventh. That the said [undecipherable] his Executors or Administrators shall render to his their accounts to the Accountant of the Department of War, for Settlement, at half stated in every three months, agreeably to such forms as by the Comptroller of the Treasury may be established and made known to him.
Twelfth. That the said [undecipherable] shall provide quarters for the failures or rations that may be stationed at, or any provisions warehouses, wherever he is required to keep or Supply rations, and that all utensils, and in general, whatever the furnishing of the rations may require, and [undecipherable] all Supplies of fuel and lights, and is agreed by the said by whom the Department of War, which was will be, that a monthly pay allowable pay for the quarters and transportation provided, and the Supplies of fuel and the rations, be fixed, the requisition immediately, furnished by him, and also a consultant of the total cost and ferror, agreeably to the scale to be fixed by him for that purpose.
Thirteenth. That at such advances of money as may be made to the said for and on account of the Supplies to be furnished, pursuant to this contract, and at such times of money, as the commanding officers of the troops or rations that are or may be within notice of the said [undecipherable] may be to be disbursed in order to procure Supplies in consequence of any failure on the part of the said [undecipherable] in complying with the requisitions herein contained, shall be duly accounted for by the said [undecipherable] [undecipherable] 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 cent. per annum, from the time of such expenses until the Same shall be actually repaid. And that any balance shall on any Settlement of the accounts of the said [undecipherable] his Executors or Administrators, be found to be due to him or them, for or on account of the rations, which shall be Supplied pursuant to this agreement, the Same Shall immediately be paid. And that no unreasonable or unnecessary delay on the part of the officers of the United States, Shall be given to the Settlement of the accounts of the said [undecipherable] his Executors or Administrators.
In Witness Whereof, the said Secretary of War, for and 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, [undecipherable] hath hereunto set his hand and Seal the day and year first above written.
[seal] James McHenry [seal]
Signed, sealed and delivered,
in presence of
John [undecipherable]
Type
Printed Document Signed
Description
An agreement between James McHenry, Secretary of War, and James O'Hara who pledges to provide rations and other supplies for the use of the troops within the States of Virginia, Maryland, Pennsylvania, and Delaware.
Date
09/10/1799
Author
Recipient
Sent from
War Office
Collection
Document number
1799091090001
Page start
1
Notable persons
James McHenry
James O'Hara
John Caldwell
Nathan Jones
Secretary of War
troops
Notable locations
War Office
Virginia
Maryland
Pennsylvania
Delaware
Notable items
Rations
supplies

