Articles of Agreement made this 17th day of October in the year 1800, between Benjamin Stoddert Secretary of the Navy, for and in behalf the United States of the one part and Henry Foxall of the County of Philadelphia of the other part by: 1st That the said Hery Foxall engorges to deliver at his own proper Cost and expense for the use of the Navy of the United States, at some Convenient Wharf on tide Water accessible to Vessels drawing nine feet Water, in Pennsylvania or Maryland to be designated by the said Secretary of the Navy or his Successor in office, one hundred and forthy eight Iron Cannon of such dimensions and caliber, and agreeably to such drafts as shall be [undecipherabel] time to time determined on, and furnished by the Secretary of the Navy for the time being. the smallest gun however not to carry a ball less than nine poinds weight, and the largest to carry a ball of not more than forty two pounds weight: the whole to be complicated within twelve Months from the datehereof, if the same shall be so soon required by the Secretary of the Navy [undecipherable] at latest within eighteen Months. 2.dly The saif Cannonare to be cast solid, and be truly and straight in the Centre of the piece from the Nuzzle to the Breech, and the bore shall correspond with each given caliber. 3dly The said Cannon shall be inspected and proved at the expense of the United States agreeably to such rules and regulations as are or may be presented for proving Guns by the War Department of the United States, and under the direction of such person or persons as may be appointed for that purpose by the Secretary of the Navy for the time being, who shall attend the[undecipherable] to when ever the said Henry Foxall shal require it; he knowing not less than Fifteen Guns ready to be proved. should any of the guns burst in proving, the said Henry Foxall ready covenants to pay the expense of the Poweder. 4.th If the said Benjamin Stoddert or his Successor should require any of the Guns to be made lighter than usual that is, lighter than two hundred pounds weight, for each pound weight of vall they shall be [undecipherable] lated to carry, a reasonable allowance is to be made to the said Henry Foxall over and above the prices herein after stipulated. the rule in such cases has been to pay, as if the Gun actually weighted at the rate of two hundred pounds to each pound of Ball deducting the price of the Iron saved. But it is thought that this rule will be too liberal in guns of large Size. 5thly The said Secretary of the Navy for himself and his Successor, engages to allow and Cause to be paid to the said Henry Foxall for every Ton weight of the said Cannon made of Common Iron of the full weight as recited in the last proceed. ing in which, one hundred and thirty dollars and for every ton weight of the said Canon made of the Keep Triste Iron of the weight aforesaid, one hundred and thirty three dollars, and one third of a dollar ad for those of lighter weight in proportion to the weight of Ball, as is also provided for in the said article and it is understood that the said Cannon are to be made out of the Keep Thistle Iron, if the said Henry Foxall can procure sufficient quantities of the said Iron, in due time. 6thly The said Secretary of the Navy agrees to advance to the said Henry Foxall, on his giving Bond with Satisfactory Security for the faithful performance of this Contract the sum of eighteen thousand dollars

• and the said advance of eighteen thousand dollars shall be deducted - from the first deliveries of Cannon at the rate of one half the amount of the account of each delivery until the whole shall be accounted for. The residue of the payments for the said Cannon are to be made on the delivery of every Fifteen Guns or more inspected and proved as aforesaif, [undecipherable] Certificate of the person or persons appointed to inspect and prove them, that Fifteen or more Guns are ready to be delivered. 7thly In case any of the Guns shall be directed to be made lighter than usual as is provided for in article 4th and such Guns burst in the proving, they shall nevertheless be paid for deducting the price of the Metal saved. In witness to hereof the said Parties have the [undecipherable] unto set theidr hands and seals the day and year f??t above written.

Sealed and delivered in the presence of Ben Stoddert [signature followed by a paper seal]

Ch W Goldsborogh

Jeremiah Nicols Junr Henry Tropall [signature followed by a paper seal]

Mr. Foxall urging that eighteen months may be too short a time for the completion of this contract, especially out of the Iron of the Keep [undecipherable] , - it is agreed that twenty five months shall be allowed him, provided the Public shorts not sooner than occasion for the Guns, in which case, he is [undecipherable] for the Secry of the Navy, in due time - and is then to exert himself when the Guns completed sooner than 18 months, is practicable. Ben Stoddert

Henry Foxalls Contract for 148 Cannons Oct. 17.th 1800 Enld Pha 38 a41)