[undecipherable] [Copy] Copy of a Contract m[ade on] the 14 May 1800 for Supplying Rations in the State of N^o Carolina from 1 Jan^y to 31 Dec^r. 1800 Dan^d Wheaton at 16½ cents Dan^d Wheaton Con^t *Articles of Agreement*, made on the fourteenth day of May + Anno Domini, one thousand eight hundred _____ between [strikethrough: James W: McHenry] James M^cHenry Secretary for the Department of War of the United States of America, of the one part, and Daniel Wheaton of the County of New Hanover and State of North Carolina Merchant of the other part. THIS AGREEMENT WITNESSETH, That the said [strikethrough: Secretary of War] James M^cHenry for and on behalf of the United States of America, and the said Daniel Wheaton 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 Daniel Wheaton or his _____ executors or administrators, shall supply, and issue all the rations, to consist of the articles hereinafter specified, that shall be required of him or them 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 state of North Carolina _____ thirty days notice being given, of the post or place, where rations may be wanted, or the number of troops to be furnished on their march, from the first day of January which will be in the year one thousand eight hundred until the thirty first day of December then next ensuing both days inclusive at the following price, that is to say, at any place where rations shall be issued within the state of North Carolina aforesaid, Sixteen Cents and a half. That the price of each of the component parts of the ration shall be as follows viz; [undecipherable: probable reading "Bread"] or flour [Seven] Cents —— 7 Cents [M]eat —— Six Cent —— 6 Cent Liquor —— Two Cent —— 2 Cent Small parts —— One Cent and a half 1½ Cent —— 16½ Cents *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 separate 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 hereinbefore inserted. 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. *Third.* That supplies shall be furnished by the said Daniel Wheaton _____ at the fortified places and military posts, that are or may be established in the state aforesaid upon the requisition of the commandant of the army, in such quantities as shall not exceed what is sufficient for the troops to be there stationed, for the space of three months in advance, in good and wholesome provisions, consisting of due proportions of all the articles forming the ration. It is understood that if the contractor shall be 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, the expenses of 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 excise has been paid upon, shall be purchased by the said Daniel Wheaton _____ 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 unsound, or unfit for use, a survey shall be held thereon, by two disinterested persons, one to be chosen by the commanding officer, and the other by the said Daniel Wheaton 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 Daniel Wheaton 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 each 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 risque and on account of the said Daniel Wheaton. *Seventh.* That whenever any articles constituting the whole, or any part of the ration, shall be withheld from the officers and soldiers, due bills shall be given therefor, payable within two months by 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. *Eighth.* 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, at 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. *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 of any post, to whom application may be made, the same can be done without prejudice to the service, and that the said Daniel Wheaton _____ 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. *Tenth.* 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. *Eleventh.* That the said Daniel Wheaton his _____ executors, or administrators, shall render his or their accounts to the Accountant of the Department of War, for settlement, at least once in every three months, agreeably to such form as by the Comptroller of the Treasury may be established and made known to him. *Twelfth.* That the said Daniel Wheaton _____ when directed by the proper officer, shall provide quarters for the soldiers or recruits that may be at any time at any recruiting rendezvous, where he shall be required to supply and issue rations, and also, the means of transportation for the soldiers or recruits, on their removal from the same; and also supplies of fuel and straw, in quantities prescribed by regulations adopted by the Department of War with which he will be furnished, and it is agreed that he shall be allowed on the settlement of his accounts, the monies he shall actually pay for the quarters and transportation provided, and the supplies of fuel and straw, agreeably to the regulation mentioned, furnished by him and also a commission of two and one half per cent. on monies disbursed by him for the same. *Thirteenth.* That all such advances of money as may be made to the said Daniel Wheaton _____ for and on account of the supplies to be furnished, pursuant to this contract, and all such sums of money [undecipherable] commanding officer of the troops or recruits that are or may be within the _____ _____ to be disbursed, in order to procure supplies, in [undecipherable] of any failure on the part of the said _____ shall [undecipherable] be only 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 balance shall, on any settlement of the accounts of the said Daniel Wheaton 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 Daniel Wheaton 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 Daniel Wheaton _____ hath hereto set his hand and seal the day and year first above written. Signed James M^c Henry Sec^ry of War [seal] Dan^l Wheaton [seal] Signed, sealed and delivered in the presence of Rob^t Donaldson Sterling Wheaton By the Secretary of War in presence of William Burton In^o Newman Wilmington N^o Carolina August 1800 Re executed by Daniel Wheaton by Signing Sealing and delivering in presence of Dan^l Wheaton [seal] In^o Shuter G. I. M^c Ree