Contract for Alexander Dalrymple Orr to Provide Rations
Document 1800Articles of Agreement between Samuel Dexter, Secretary of War, and Alexander Dalrymple Orr of Mason County Kentucky to provide rations east of Mississippi River, below mouth of Ohio, to southern boundary of Kentucky, in Tennessee, and within the Cherokee boundary.
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Articles of Agreement,
Made on the fifteenth day of August Anno Domini, one thousand eight hundred — between SAMUEL DEXTER, Secretary for the Department of War of the United States of America, of the one part, and Alexander Dalrymple Orr of Mason County in the State of Kentucky, of the other part.
THIS AGREEMENT WITNESSETH, That the said SAMUEL DEXTER, for and on behalf of the said United States of America, and the said Alexander Dalrymple Orr — 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 Alexander Dalrymple Orr — 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 eight hundred — to the thirtieth day of September, eighteen hundred and one at the respective places and prices following:
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, and within the said State, Ten Cents and two mills.
For every complete Ration issued at Knoxville, at all posts and places within the State of Tennessee, at South West point and at Tellico Block-house, Twelve Cents.
For every complete Ration issued at St. Stephens or at [undecipherable] other Fort or post on the Rivers Mobile or Tombigby, Twenty one Cents.
For every complete Ration issued at any place or places within the Cherokee Boundary, below the Southern Boundary of the State of Tennessee and within the boundary of the United States, Fourteen 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 separate detachment, or garrison thereof shall so require, half a gill of rum or whiskey, or other ardent spirits, and whenever 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 promulgated 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 dreft 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 Ten Cents and two mills, that 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 mills,
Small parts - - - - - - - - - - - Seven mills.
That where the price of the Ration shall be Twelve Cents, that of each of the component parts shall be as follows;
Bread or flour - - - - - - - - - four Cents,
Meat - - - - - - - - - - - - - - - five Cents,
Half a gill of liquor - - - - - two Cents,
Small parts - - - - - - - - - - - One Cent.
That where the price of the Ration shall be Twenty one Cents, that of each of the component parts shall be as follows;
Bread or flour - - - - - - - - - eight cents,
Meat - - - - - - - - - - - - - - - eight cents and seven mills,
Half a gill of liquor - - - - - Three Cents,
Small parts - - - - - - - - - - - One Cent and three mills.
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.
*Third.* That the said Alexander Dalrymple Orr shall furnish such quantities of like provisions at each of the posts and places above mentioned and provided for in this Contract, 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 Alexander Dalrymple Orr — 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 found, or unfit for use, a survey shall be held thereon, by two disinterested persons, 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 Alexander Dalrymple Orr 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 Alexander Dalrymple Orr.
*Seventh.* That whenever any articles constituting the whole, or any part of the ration, shall not be in store, and or articles withheld from the officers and soldiers due bills shall be given therefor, 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 therefor, payment for the articles so withheld shall be made in money, by the contractor, or his agent, at the contract price.
*Eighth.* That the said Alexander Dalrymple Orr 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 Alexander Dalrymple Orr — 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 the 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 Alexander Dalrymple Orr, 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 to him.
*Thirteenth.* That whenever the Secretary of War shall, in pursuance of this contract, and on account thereof make advances or payments to the said Alexander Dalrymple Orr — — — — — — — the said Alexander Dalrymple Orr — — — — — — — shall receive as cash, if requested by the said Secretary, drafts from the Secretary of the Treasury in his favor, on the collectors of the revenues or other persons holding public monies in the vicinity of any of the posts.
*Fourteenth.* That all such advances of money as may be made to the said Alexander Dalrymple Orr 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 Alexander Dalrymple Orr — 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 Alexander Dalrymple Orr — 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 Alexander Dalrymple Orr his executors or administrators.
AND WHEREAS, by a certain agreement made on the first — — — day of August 1799 — between JAMES M'HENRY, then Secretary of War, and James O Hara — — — — — — of the State of Pennsylvania — — — — it was stipulated, that the party of the second part should deposit Three — months supplies of rations at the posts and places herein before mentioned, if the same should be required,
it is agreed between the said SAMUEL DEXTER and the said Alexander Dalrymple Orr —
*First.* That an inventory shall be taken as soon as possible, which shall comprise all such supplies as shall have been delivered on or before the last day of September next, by virtue of the said agreement, and shall on that day remain unexpended.
*Second.* That the inventory shall be taken in the presence of the commanding officer of the post, and the party of the second part or his agent, and duplicate receipts given therefor by the said party of the second part or his agent expressing the quantity and quality of each article.
*Third.* That the party of the second part shall account to the [undecipherable] for all the supplies which shall be receipted for, as in the preceding article, he being allowed however a [undecipherable] and an half per cent. as a full allowance for wastage, leakage, and damage of whatever nature, excepting only that [undecipherable] may be occasioned by fire, water, an enemy, or by the troops of the United States.
*Fourth.* That the party of the second part shall issue all the [undecipherable] aforesaid, to the troops at the several posts; in rations to consist as follows, viz.
Eighteen ounces of bread or flour.
One pound and a quarter of fresh, or one pound of salted [undecipherable] three quarters of a pound of salted pork.
Half a gill of rum, brandy, or whiskey.
And at the rate of two quarts of salt, two quarts of vinegar [undecipherable] pounds of soap, and one pound and an half of candles to every hundred rations.
*Fifth.* That the said party of the first part shall pay or cause to be paid [undecipherable] the said party of the second part, one cent for every ration which he shall issue as before recited; as a full compensation [undecipherable] trouble and expence in issuing the same.
IN WITNESS [undecipherable] the said Secretary of War, on behalf of the United States hath [undecipherable] hereunto subscribed his name, and affixed the seal of the [undecipherable] War-Office of the United States; and the said Alexander Dalrymple Orr — — — — hath hereto [undecipherable] and seal the day and year first above written.
Signed Saml. Dexter
D. Orr [seal]
Signed, sealed and in presence [of]
Jno. Newman
Hez Rogers [undecipherable]
[undecipherable]
Memorandum
It is hereby further agreed by and between the parties to the within Contract as following;
That at each and [undecipherable] mentioned in the aforesaid Contract, where the whole of the small parts of the Ration shall be estimated at one Cent, the [undecipherable] composing the small parts, shall be as follows.
Cents
Four pounds of soap - - - - - - - - at thirteen Cents per pound - - - - - - 52.
Two quarts of Salt - - - - - - - - - at eleven Cents per quart - - - - - - - - 22.
One pound and an half of Candles at Sixteen Cents per pound - - - - 24.
Two quarts of Vinegar at one Cent per quart - - - - - - - - - - - - - - - - - 2.100
That at each and every place where the whole of the small parts shall be estimated at one Cent and three tenths of a Cent, the value of the different articles composing the small parts shall be as follows.
Four pounds of Soap - - - - - - - - at fourteen Cents per pound - - - - - - 56.
Two quarts of Salt - - - - - - - - - at twenty one Cents per quart - - - - - 42.
One pound and an half of Candles at twenty cents per pound - - - - - 30.
Two quarts of Vinegar - - - - - - - at one Cent per quart - - - - - - - - - - 2.130
That at each and every place where the whole of the small parts of the ration shall be estimated at Seven tenths of a Cent, the value of the different articles composing the small parts shall be as follows.
Four pounds of Soap - - - - - - - - at nine Cents and an half per pound - 38.
Two quarts of Salt - - - - - - - - - at Six Cents per quart - - - - - - - - - - 12.
One pound and an half of Candles, at twelve cents per pound - - - - - 18.
Two quarts of Vinegar - - - - - - - at one Cent per quart - - - - - - - - - - 2.70
In Witness whereof the 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 Alexander Dalrymple Orr hath hereunto set his hand and seal the fifteenth day of August in the year of our Lord, one thousand eight hundred.
Sealed and Delivered in the presence of us Signed Saml. Dexter
A.D. Orr [seal]
Jno. Newman
Hez Rogers
Type
Document Signed
Description
Articles of Agreement between Samuel Dexter, Secretary of War, and Alexander Dalrymple Orr of Mason County Kentucky to provide rations east of Mississippi River, below mouth of Ohio, to southern boundary of Kentucky, in Tennessee, and within the Cherokee boundary.
Date
08/15/1800
Document number
1800081500101
Page start
1
Note
Partly illegible.
Notable persons
Samuel Dexter
Alexander Dalrymple Orr
contractor
James McHenry
James O'Hara
John Newman
Hez Rogers
Notable locations
Mason County, Kentucky
Mississippi River
mouth of the Ohio River
Kentucky
Knoxville
Tennessee
South West Point
Tellico Block house
St. Stephens
fort
Mobile River
Tombigby River
Cherokee boundary
Pennsylvania
Notable items
articles of agreement
rations
price
bread
flour
rice
sifted or boulted Indian meal
fresh beef
salted beef
salted pork
soap
candles
rum
whiskey
ardent spirits
vinegar
parcel
small parts
excise
survey
provisions
store
bills
monthly abstract
losses
depredations of an enemy
escorts and guards
compensation
stationary posts
store houses
cash
supplies
surplus
inventory
duplicate receipts
wastage
leakage
damage
articles of agreement
rations
price
bread
flour
memorandum

