[Copy] Articles of Agreement madon on the twentieth day of December in the year of our Lord eighteen hundred Between Samuel Dexter Esquire Secretary of the Department of War of the United States of America of the one part, and Henry Foxall of or near the City of Philadelphia in the State of Pennsylva[nia] of the other part. This Agreement Witnesseth that the said Samuel Dexter for and on behalf of the United States of America and the said Henry Foxall for himself his heirs Executors and Administrators, and every of them, have mutually covenanted and agreed, and by these presents do mutually covenant and agree to and with each other as follows. First. That the said Henry Foxall shall deliver for the use of the United States, to such person as may be designated by the Secretary of War, Forty Iron Cannon to be twenty four pounders, and thirty Iron Cannon to be thirty two pounders; one half thereof within one year and the other half within two years from the date of this Contract, provided that if the said Henry Foxall shall be particularly urged by the Secretary of the Navy for the time being for the completion of Guns for the use of the United States under a Contract between the said Secretary of the Navy on behalf of the United States and the said Henry Foxall a reasonable prolongation of the above mentioned term shall not affect or invalidate any part of this agreement. Second. That all the said Cannon shall be cast in the solid, bored with competent Machinery, and smoothed on the outside, from any asperities, in a turning Machine. Third. That the aforesaid Cannon shall be formed agreeably to draughts to be furnished by the Secretary of War, at the expence of the United States, and submitted to the said Henry Foxall for his approval, and it is explicitly agreed and understood, that no allowance shall be made to the said Henry Foxall on account of errors in the said draughts, and that inefficient Cannon cannot be received and paid for, although formed in every particular, conformably to the said draughts. Fourth. That the said Cannon, after having been bored and before undergoing any proof, shall be examined by a person or persons to be appointed on behalf of the United States in the presence of such other person as may be named by the said Henry Foxall, or in case he shall not name any person, after due notice, by the person or persons appointed on behalf of the United States alone, who shall compare each Cannon with the draughts provided as aforesaid and shall reject all such as are not perfectly conformable therewith without further proof or examination and all Cannon that shall be found conformable as aforesaid he or they shall then proceed to prove agreeably to Instructions from the Department of War and the most approved and established rules for the purpose. Fifth. That all instruments proper to be employed to ascertain dimensions, and discover cavities or holes, in the internal and external parts of Guns may be used for the purpose. Sixth. That the Inspector of Artillery or other person appointed to examine and prove the said Guns, shall mark all such he may reject agreeably to Directions from the Department of War, and the weight of each Cannon which he may receive as conformable to the draught and having stood the proper proof shall be marked on the left Trunnion. The Balls required for the proof to be furnished at the expence of the Contractor, who shall also bear the expence of weighing and marking the Cannon. Seventh. That the said Cannon after being approved and receipted for, shall be delivered by the said Henry Foxall at his own proper cost and expence; at a Wharf on the bank of some River Creek or water, where a decked vessel of Sixty Tons burthen, can load and unload. Eighth. That the United States shall be at the expence of examining and proving the said Cannon and of the powder used in proving them, and shall when required send a person to prove such of them as shall be ready, provided the number is not less than twelve, but the first proof may be made of a less number. Ninth. That Ten thousand Dollars shall be paid to the said Henry Foxall upon the execution and on account of this Contract; and that whenever and as often as any quantity of Cannon not amounting to less than five thousand Dollars, according to the price herein after named, shall be examined proved received and delivered, the one half of the amount of such delivery shall be paid to the said Henry Foxall his Executors or Administrators; and when the whole number hereby contracted for shall be delivered the balance that may then be due shall be immediately paid to the said Henry Foxall his Executors or Administrators. Tenth. That the said Samuel Dexter [strikethrough: or the Secretary] of War for the time being, shall pay or cause to be paid to the said Henry Foxall his Executors or Administrators the price of one hundred and thirty three Dollars thirty three cents and one third of a cent per Ton, for all Cannon that shall be delivered by virtue of this Contract. [strikethrough: Eleventh.] It is further agreed by and between the parties to this Contract, that the said Samuel Dexter for and on behalf of the said United States do hereby lease unto the said Henry Foxall his Executors and Administrators the Furnace lately purchased by the United States called Keep Trysts Furnace situate in Berkeley County in the State of Virginia for three years from the date hereof, provided the said Henry Foxall his Executors or Administrators shall so long be under Contract for the fabrication of any Cannon, Mortars, Balls, Shells, or other articles for the use of the United States; and that he shall be permitted to take any quantity of Iron Ore that may be necessary for the work of said furnace from the Bank on the River Potomac lately purchased by the said United States and that the sum to be paid to the United States for the rent of the said Furnace as well as for the ore he may take and use under this Contract shall be fixed and determined on or before the expiration hereof by three disinterested and reputable men, one of which shall be chosen by the Secretary of War for the time being, one by the said Henry Foxall his Execut[ors] or Administrators and the third by the two so appointed, and the decision of those three men or of any two of them shall be equally valid and binding as though the sum which they may award, were agreed upon and declared in this Contract. In Witness whereof the said Samuel Dexter, Secretary of War, on behalf of the United States hath hereunto subscribed his name, and affixed the seal of the War office; and the said Henry Foxall hath hereunto set his hand & seal, the day and year above written. Signed Sam^l Dexter Henry Foxall [seal] Signed Sealed and [undecipherable] in the presence of Jno. Newman Hez. Rogers A true Copy John Goulding