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       Fourth.  That no whiskey, or ardent spirits, but such as the excise has been paid upon, shall be purchased by the said William Colfax or his Agent 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 unfound, 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 William Colfax 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 William Colfax 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 William Colfax.



           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 by the contractor or his agent at the contract price.



               [undecipherable] [undecipherable] sustained by the depredations of an enemy, or by means of the troops of the United States, in [undecipherable] ntended 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.



          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 William Colfax shall not be answerable for any deficiency of supplies, at any of the said polls 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 William Colfax 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 or them. 

    Twelfth.           That the said William Colfax 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 William Colfax for and on account of supplies to [undecipherable] furnished, pursuant [undecipherable] this [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] disbursed, in order to procure supplies, in consequence of any failure on the pat of the said William Colfax in complying with the requisitions 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 actually be repaid. And that if any balance shall, on any settlement of the accounts of the said William Colfax his executors or administrators, be found to be due to him or them, 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 William Colfax his executors or administrators.

HD IN WITNESS whereof, the said Secretary of War, for and on behalf of the United Staes, hath hereunto subscribed his name, and affixed the seal of the War-Office of the United States ; and the said William Colfax hath hereto set his hand and seal the day and year [undecipherable] above written.

Signed H. Dearborn Wm Colfax

Signed, sealed and delivered } in the presence of

Jno Newman [undecipherable] Rogers


Wm Colfax