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CKAUCDB 
 
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 On the United-Stateii) 
 
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 »T THJB 
 
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 Late Contractor for the State of New-Yorh, See. 
 
 '' 1/ 1' f if 
 
 /I 
 
 FOR SERVICES DURING THE 
 
 KAXE WAR. 
 
 NEW-YORK, 
 too 
 
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^ 1 
 
 INTRODUCTION. 
 
 IV/icti claims to a larf^c amount are placed in ap- 
 peal before the President and Heads of Department, they 
 necessarily call for the examination of a multiplicity of 
 documents, ichich, ickcn in manuscript, appear tedious^ 
 and are read with great difficulty by the Tribunal to 
 whom appeals are made. Nor will the other important 
 concerns of the executive Department admit of time for 
 the satisfactory perusal of a mass of separate touchers 
 and papers. 
 
 With a sincere desire to give the Government all 
 the information relating to his claims, the present claim- 
 ant has been induced to place before the 2)ropcr Tribunal 
 his case in its present shape. In the exercise of that li- 
 berty which belongs to every independent mind, he hai, 
 made such notes and remarks on other documents as 
 have an immediate bearing on his claims^ as the necessi- 
 ty of his defence required. 
 
 In our defence, we 7nay be allowed to express our wrongs 
 with honest indignation, especially if principles are set up 
 in bar of our just rights ; and opposed, as loe believe, to eve- 
 ry maxim of law ana reason. The mistakes of the 3d jiudi- 
 tor may be excused, but to attempt to invalidate a contract and 
 principles establishedin a former settlement,is an abuse of pow- 
 er, that immediately concerns the nation's honor and the peace 
 of society. The present claimant, however, disclaims any dis- 
 respect to the authorities of Government, or 'any considera- 
 tions but those of personal regard to the Accounting Officers. 
 
 Every person is interested in all pecuniary claims 
 upon the United States, and as each contributes a portion 
 to the ng^tional treasure, so every citizen must rejoice in 
 the administration of strict and impartial justice, in 
 whatsoever relates to the distributionof the public funds. 
 
 105565 
 
 
/' 
 
 .frnr^r. ^oc«m^7i^5, Correspondence and Remon- 
 
 strance, were not commenced or printed with any view 
 of hem^ placed before Congress or the public, Except 
 only, tn an eventual appeal to that august body 
 Jor a rearms of grievance from the decisions of the Ac- 
 countmg Officers of the Treasury Department Thtis 
 the right oj the humblest citizen 'as exercised in the most 
 arbitrary governments, Andunder the peculiar circwm^ 
 stances of the present case, should the claimant be dritm 
 to seek for justice to fhehighest Tribunal prescribed by the 
 Constitution, altho' he might reasonably complain-^still 
 he only regrets the delay which has resulted in the loss of a 
 session of Congress. But as the gentleman who now pre^ 
 sides over the War Department has declared he wilt de- 
 cide, and decide promptly on all the claims and that the 
 present claimant should receive the benefit of every decis- 
 ion as granted toothers in similar cases ; the undersigned 
 rests his cause tcith perfect confidence of receivins 
 erentnal justice. ^ ^ ^ 
 
 4 
 
REMONSTRANCE, &c. 
 
 The undersigned, late Contractor for the supply of 
 the Troops and Armies of the United States during 
 the late war, having suffered many grievances, in conse- 
 quence of that rule of justice and equity being withheld 
 from him, which is believed to have been administered 
 to others by the proper department, is now compelled to 
 make known, in a solemn and condensed form, his man- 
 ifold wrongs, and to appeal for redress to the well-known 
 justice of the Government, under the decisions, laws 
 and Constitution of his country. 
 
 And tiotwithstandin ^ the presumed popularity of the 
 third Auditor, who has rejected his claims or referred 
 them to the second Comptroler, the undersigned will fear- 
 lessly and positively declare, before God, his country and 
 the world, that the third Auditor has been guilty of 
 manifest perversion, in his construction of the Law and 
 the Contracts, of misstatement of facts, and is false in 
 his premises and principles, and erroneous in his arith- 
 metical statements. 
 
 That he has assumed dictatorial powers in equity, 
 which alone have been exercised and belong of right to 
 the War Department, or to Congress. — (See note a.) 
 
 That he has denied, that the casks and packages have 
 been paid for by the United States, in the settlement of 
 
 ii 
 
Contractors' accounts, when the facts are fully recorded 
 that for troops on the march, or on board of transports, 
 casks and packages have been always paid for at a fair val- 
 uation. — (b.) 
 
 He denies to the claimant a general principle in- 
 volving the payment of casks in past cases as not appli- 
 cable to the present, differing only in the amouut of the 
 claim. — (b.) 
 
 That when packages have been captured by the ene- 
 my, or destroyed by the troops of the United States— 
 which packages and boxes are requisite and necessary for 
 the transportation of the provisions, he denies that they 
 should be paid for, when the sixth article of the contract 
 expresaly provides for the payment. — (b.) 
 
 H^ ^pnm to the present claimant the same jus- 
 ripe ftfld eqv|jt|^ thftt h^s bjijen granted by an original and 
 gqflpral depisipji of the War Department, dated October 
 l^t W'^, granting pay for caskJ and packages to anoth- 
 er cJmmftRt.—(p.) ^ 
 
 |l^ aUpWs HP validity to the decision of the Honor- 
 able Sepietftry of War, of 27th January, i81«, directing 
 \\i gpp^r^l term^ t|ie accounting officers to grant all po^- 
 Ir^Ptors' claims for requisitions made on the contractors, 
 which requisitions were not authorized by the contrja,ct.— 
 
 He depjes the claimant official copies of depigipnp 
 pf rtip War Department, made i|i other cases fqr 
 similar and like pompenaation, vvhiph deeision^ by every 
 rule pf this Qovernment, are the property of the people, 
 ftftj} every citizen is entitled to a copy who has claims on 
 the U^ted States.— (p. j 
 
 He denies to the claimant pfficial copies of his own 
 documents, which documents are of vital importance in 
 ijie prpspcution of his clainis.T— (d.) 
 
 He defies a condensed report of the gallons or gills 
 of Whiskey actually furnished by the claimant to thp use 
 9f Ae United States after tjie passage af a law by Con- 
 gress laying a tax on Whiskey fiistilled within the United 
 States, and that he I xs insulted the honor and dignity of 
 
\v 
 
 tli« Urtllcd States, by alledging that lio will not furnish 
 documents that may raise or establish charges against the 
 United States. — (d.) 
 
 Tliat instead of referring, as jtistice and luirhdriit^ W6uld 
 dietttte/ tlie jparty aggrieved by an act of Congress, passed 
 94th J»ly, 1813, (laid for wise ahd bentjficial purpb^esj ib 
 that ougMst body for redress of the grieyance, which afc't to 
 th0 party H^grievedtvas *'«x post facto/^ artd uhec(uiv6ca!- 
 Yfimpdirs their eentract to the full dnaount 6f the Tax, hte 
 has arrdgantly dismissed thfe claim by that favorite aiid 
 magic «vord, " inadmissible." — (e.) 
 
 That he has erroneously alledged that tiie late coiiifiii^ 
 tor received 12 1-2 per cent, the wastage on tlie ^oss il- 
 mount^ and one cent for the issue of each ration of the pro- 
 ▼ision delivered oh boardof transports in the desceifii of thfe 
 St. Lriwrence, in 1813, as well as on the net amount issued 
 6ri the termination of the expedition, when in fact nocreJ- 
 H has beeti grafted to the late contractor for the perquis- 
 ites on the gross or net amount of provisions issued, ai- 
 fhbugh tho services and duty were performed by the A- 
 gents of the contractor, by the express orders of the com- 
 manding General. — (f.) He has deniedi tJie late co^ 
 
 tractor compensation for being compelled, contrary to 
 every stipulation of his contract, to receive an excefes df 
 806,338 Rations of Flour over the other component parts 
 of the tatiofts left in deposit by Augustus Porter, arid 
 
 British captured Flour : That the damages lor this 
 
 breach of the contract is at a moderate estimate ;^9^,iSfO 14 
 ^errts^ itnd that the contractor was not botind to issue any 
 of the above deposit. — (g.) 
 
 That the general decision of the War Department, of 
 27th January, 1816, requires the accounting oj^cer io 
 grant damages for the issue cfprorisions not warranted 
 by the cdntract. — (o.) That the third Auditor has ob- 
 jected to this claim, by alledging that the contractor fe- 
 cerve^ the provisions Without objection, when it must 
 have been well known that he did object, and pro- 
 tested again^ deceiving the provisions in unequal 
 ^ropottion®,' and that his letter of protest was duly 
 
 m 
 
 /'/ 
 
 
^fmm 
 
 'I 
 
 received, and a copy filed in the records of the War Of- 
 fice. — (o.) 
 
 That he has irrelevantly replied to this claim, hy insinu- 
 ating that the claimant left a deposit in unequal propor- 
 tions, and instances one place or deposit only ; whernas, 
 had he stated all the circumstances, it woufd have been 
 seen that the general mass of deposits left by the contrac- 
 tor was in equal proportions, or nearly so, v.ithin th'^ state 
 of New- York; and that they were received by the order 
 of the War Department, and that this constituted no com- 
 plaint on the part of his successor, or objection on the part 
 of Government, is admitted, but, on the contrary, he, 
 W. D. Chever, successor to the present claimant, ac- 
 knowledgey emphatically in an official letter, directed to 
 the accountant's Dopaitmeut, that the deposits being une- 
 qual in the component parte constituted no hjection on 
 his part, and that he was bound by his contract to 
 receive them at any place or post, and that these de- 
 posits were essential io the fuljillmcnt of his contract 
 with the United States. And yet the third Auditor has 
 denied to the present claimant nn official copy of W. D. 
 Chever's letter, so essential to the refutation of the im- 
 proper remarks of the third Auditor.— (h.) 
 
 That he has erroneously alledgcd, that, in September, 
 1815, and m January, 1816, when the contractor actual- 
 ly received payment of monies long due him from the 
 
 United States, the contractor was not a suffi^rer.- 
 
 He unblushingly alledges, " the deferred payment was 
 made in September 181.5, in treasury notes, believed to 
 be from 3 to 4 per cent above par," when in fact full 
 ^stimony has been given in certificates of Messrs. 
 Prime, Ward, and Sands, and others, tliat treasury notes 
 were at that time fr(5in 8 57-100 to 11 per cent below 
 specie ; and in truth troj;s)iry notes were not known to 
 be above specie at any time. — (i.) 
 
 That the contractor furnished a certificate of the cash- 
 ier of the State Bank at Albany, showing ^7,839 22-100 
 to have been paid by him in interest for funds borrowed 
 to purchase Government supplies, between 1813 and 
 
\J 
 
 \ 
 
 1816, a Rmnll part Iiavin^ been borrowed in 1013 • 
 
 Th . in ohjccting to this cliiim tor interest, the third Au- 
 ditor lias (liisingcnuously asked the second CJonMitroHer, 
 
 " if inteicrst can be claimed on logins made in 18113?" 
 
 Thus substituting the minor for the major proposition. 
 
 (x.) — Contrary to tlie rule of trutii, and o\viy principle 
 of justice. — (k.) 
 
 That the third Auditor has not replied or remarked to 
 the claim of the contractor in hin letter of i8th Septem- 
 ber, 1823, for dam.'iirca und interest on his protested and 
 dishonored bills drawn on the U. States, in 1814, for 
 200,000 Dollars.— (k.) 
 
 That lie has disregarded the unqualified instructions 
 and general decitsions of the Wnr Department of 27th 
 January, 181G, which thus directs : " T/i. iccomitavt 
 in settling the accounts of contractors /o^ 1814-15, will 
 allow all claims, supported by evidence, of loss sustaiii- 
 cd hf payment of interest, or damages in consequence 
 of the Department Icing unable to make the necessary 
 advances,''^ 
 
 That he has been in the habit of calling on the Sec- 
 retary of War for special decisions, maidng special what 
 ought to be general, and by his own confession purpose- 
 ly concealing those decisions from the public by bury- 
 ing them in the ma«s of documents of his office. ' 
 
 That in suspended claims for hides of bullocks cnrf- 
 tured or destroyed by the ememy, which bullocks were 
 slaughtered on tjie Niagara frontiers for the !ise of the 
 army, he has said, that they must not be paid for, because 
 the hide was not necessary to the trnn:^])ortf!tion of the 
 bullock, although the third article of the Contract de- 
 clares that all articles necessarily u.-cd in transportation, 
 shall be paid for at a fair price or valuation ; liiis clnl.-n 
 for ^1750 was suspended in former settlement of 181;'). 
 
 That he has denied the opening of an account foi the 
 correction of an error, in fact, if the correction should 
 operate against the U. States, and constantly pleads a. 
 settled or concliuh^d account (l) against a solvent claim- 
 ant, for an unsettled item or balance, and for a service 
 
 % 
 
 I w 
 
,« 
 
 pro\^ed and ddmitted, ^ontlriualfy i*^f)eati!i(g " tM kccmnt 
 was closed, and finally disposed of by a fornter s^tle- 
 ment," — arfd although the balancfe claimed was for a dis- 
 tinct service, and equivalents rendered, aiid not embraced iii 
 former accounts. Yet he has suggested to the second 
 Comptroller, and given his opihion, that a principle (not 
 an error) involving a construction of the Latv of Con- 
 tract, may be overruled against any person who has or 
 may have pecuniary transactions with the U. States, at 
 any per od however remote, and although tlrtly ntay hat6 
 been settled by and passed the ordeal of the T^eMr^ 
 department, and the competent authorities of this Oo- 
 yernment, provided they go as an offset or a charge to an 
 individual claimant, to the prejudice of his reputation, ihh 
 injury of his repose, destruction of his property, and to 
 the ruin of himself, his friends, and family : thuig virtually 
 impeaching the previous acts of this government, by cal- 
 ling in question the principles and decisions of the Wafr 
 xiepartment, as his caprice or whim may dictate ; making 
 his own statement of facts, and construction of contracts, 
 to suit his own views and to meet his otvn wishes.--(See 
 liis suggestion to second Comptroller.) 
 
 That the exercise of such an awful prerogative i« ty- 
 rannical, dangerous, and oppressive, and in the togt^age 
 of enlightened and impartial civilians "such pretensions 
 alone are dangerous as precedents, alarming and oppres- 
 sive to every citizen, destructive to the peace of society, 
 and of the civil institutions of our countiy, established 
 by a profusion of blood and treasure : such principles 
 may, indeed, save the nation's money, but at the expense 
 of the nation's honor, and at the sacrifice of the knoWn 
 laws of the 13. States, and of the common law of the land. 
 
 That, in the assumption of those unheard of powers he 
 has wilfully or blindly committed the grossest errors ftnd 
 blunders, admitting, (which is totally denied)' the new 
 principle which he has set up as the rule which ought to 
 have govcrncvi the former settlement.— (See hi^ sfdf€- 
 
 7f>nt.^ 
 
 V 
 
d 
 
 Tliat he has stated, that 768,3^0 rationg of flour, di^r 
 posited under the claimants contract, dated Nov. 7, 1811^ 
 which he was ordered to take up witliin the existing peri»> 
 od of that contract, and which consequently could only 
 be charged with the money price of the rations, should 
 have been debited to him at the money price of the 
 subsequent contract of the 25tli of Feb. 1813, when 
 he must have been blind, or else have known that 
 the first contract made np stipulation, condition, or 
 provision to carry the balance of supplies, if any, t^ 
 the next cpotract, and that the second contract made 
 no stipulation, condition or provision to take up in- 
 ventory, or issue any rations left on hand from the first 
 contract, and consequently the government could only 
 charge the money price of each ration to the contractor 
 under the special contract ; (m.) that they did so, to the 
 disadvantage of the contractor, by charging the gross 
 amounts of deposits, at original places of deposit, instead 
 of distant and subsequent places of issue, making the 
 contractor responsible for losses by carriers, boatmen and 
 teamsters, and all wastage and natural decay in transit, 
 and lastly, underwriter for all hazards by sea and land : 
 and this position and settlement made nine years ^nce 
 w^fe assumed by the present third auditor then chief 
 clerk, who now or lately has declared that the contractor 
 had claims on the United States to the amount of ,$flOO,- 
 000, btuthe would ransack othe^: offices to see if he could 
 ^f})t r^M^e offsets, or establish nevy^ principles for the go** 
 ^ernmei^t of old settlements, aud that such new positions 
 ^b4 principles were the converse of all laws, and highly 
 4^i:pgatory to the justice, honor and dignity of the United 
 Stfites. (n,)— The following is an abstract of his blunders 
 !Qin thi^ head ;— Taking as premises, that the provisions 
 (4410 barrels of flour) making 768,320 rations of 18 oz. 
 charged by the United States at the contract price of 7th 
 ^oy. ^81 ir— 4 cents, should have been charged at the con- 
 Urt^ct price of 25th Feb. 1813 7 1-2 cents, makinsr a dif- 
 
 wc^ro-nnt^ 
 
 js.'^-.^^-sax.——- •^-a 
 
 r^f d(^<^ PiOQ AH-ino 
 
 ftl/T 
 
 .y-,%!\.:i^ -XV- 
 
 rrii/>n a+cifo 
 
 TT iSiViZ 
 
 mor« + 
 
 
 1C3 £>fvnfr\nn^n/itM 
 
 and not founded in the contracts — that of the above-7fi%-. 
 
- 1 
 
 li 1 
 
 H 
 
 10 
 
 320 rations of flour 348,444 4-9ths coiitained in 2000 
 barrels, were baked into hard bread at the expense and 
 by order of the United States in April 1813 and estimat- 
 
 tor^ I %T ""^ \^? ^' ''^^'''^ ^'""'^^ ^^r each barrel of 
 19b lbs of flour, which at the rate of 12 oz. the ration 
 
 lllT\.u c u . 466,666 5-9 Rations 
 
 J^educt therefrom the above, - - 348,444 4-9 
 
 And there remains - - - 11 8 222 1-9 
 Which is the true excess of Bread rations, calculating at 
 
 . The net amount of which, at 7 1-2 cents after deduct- 
 ing perquisites of issue, is - ;g7 315 
 
 Jfaafji'^^'t' ^^'^ ^^''^ ^"^^^^' *^^« ^^i^^^da charge 
 of 466,666 5-9 Rations, at 7 1-2 cents, net amount of 
 which IS - . . ;$28 875 00 
 
 And credited 348,444 4-9ths Rations at 
 four cents instead of seven and a half 
 
 ^®"^^' " ' - - 11,324 44 4-9, 
 
 ^ Leaving a balance of - 17,550 55 ^-Q* 
 
 These 348,444 4-9 rations, at the price 
 Ot seven and a half cents, amount to 21 ,560 00 
 
 l*rom which deduct the amount above 
 credited, - - _ 11,324 44 4-9 
 
 And there appears a diflference and ) ^ - 
 
 aL gross and pali)able error \ o* 10,235 55 5-9, 
 
 The true balance being as above stated, 7,315 00 
 
 1 his palpable error and attempt of charging 466,666 
 .->-9th rations of Bread, when 348,444 5-9lh mtion^ of 
 I he sumo, vvere before charged, in the 766,320 rations 
 auova,*/ his new and unheard of principles had been 
 correct might have involved in utter ruin, a citizen in- 
 ..ompetent to detect the error, and whose fortune was 
 
 ZT"f.?^^f-T^"V^ ^"^ y^^ ^^'' arithmetical state- 
 T V,M ^^"'.^ ''"*^'^'^' '^ exhibited in all the formality 
 of due deliberation, and of debit and credit after a long 
 ^nd protracted investigation ; to the great scandal of his 
 djjpartment, and in direct impeachment of his bna«t. 
 m compcteiiey and correctness. And again, 
 
 ^/<i' 
 
^■^^'^ 
 
 11 
 
 ■ I'hc third Auditor has forgotten, or been ignorant or 
 blind to the unqualified provision and stipulation of the 
 contract referred to, viz. That the choice of issuing 
 Bread or Flour is expressly five days in the week with 
 the contractor, and if any gain is made by issuing bread 
 instead of flour, it is decidedly at the option of the con- 
 tractor to receive the rations of flour instead of bread 
 which was the case, and was so charged and settled bv 
 the United States in 1815. ^ 
 
 The Government in no instance can demand a sur- 
 render of, or wrest from the contractor a right guaran- 
 teed by an express stipulation of his contract, because it 
 may be to their advantage to do so. And if they bake 
 their deposit flour into hard bread by their own ao-ents 
 to save It from consequent decay or condemnation, a*s was 
 the case, they cannot compel him to receive it, except as 
 flour at 18 oz. ; because the right of baking all flour has 
 been acceded to the contractor, and the express and posi- 
 tive right to issue flour or bread is secured to him " five 
 days m each week ;" and, should he have been compelled 
 by any arbitrary proceeding to receive it baked into soft or 
 hard bread, he calls upon the third Auditor to say by 
 what legal rule of the contract it could have been charcred 
 to him, a« amj time, at any other rate than the money- 
 price of the contract, 4 cents, and at the rate of 18 oz. 
 tor each ration, and not at 12 oz. as stated by the au- 
 thority of the third Auditor. 
 
 The only legal and true construction of the contract is 
 then, that it the Government by the express consent of 
 the contractor, assumes the right of baking the flour into 
 bread, and afterwards calls upon the contractor to take 
 It and issue it, they could only charge the same at the 
 money-price of the contract under which he was bound 
 to receive the same, which contract was that of 7th of 
 November, 1811, at 4 cents, and at 18oz.— The result 
 would be as follows : 348,444 4-9th rations of flour con- 
 tained m 2,000 bbls. baked into hard bread, and are said 
 to have been delivered to the contractor's a^ent at 175 
 iva, VI iittisi wiciiu ior eacn Durrei, 
 
 B 
 
 laking 350,000 Ib^, 
 
ife 
 
 it 
 
 I t 
 
 whicli at iha iegdl rate of llB 6z, for each ration is, 
 
 deduct 
 
 311,11 > 11-100 rations, 
 
 .amounting to, aft 
 ing wastage anid pe^rcehtage of issue at four cents — > 
 ^10,111 il 11-lOb.— Now Ihe U. States have by thrnr 
 ovm a<^ dhargocl the contractor in the settlement of 1815 
 with the same rations eft 4 c^tlts, deducting perquisites 
 of issue, wastage, ifec. j^l 1,524 44 4-9th — so that the 
 third Auditor stands convicted of involving the Govern- 
 ment in an error, which, if corrected, will now be to the 
 debit oiTthe United States, and to the credit erf" the cbn- 
 tract|dr of ;^1,213 33 35-100.— Yet the third Auditor has 
 tvilftlny or blindly, attempted to impeach the fbrmer set- 
 tlement of his predecessor, which settlemeirt tvas legaHy 
 hi favor df the United States.* 
 
 The late contractor cattiibt close these teihat-fcs with- 
 out stating that he holds the principle to be self-evi- 
 dent, ihat the 'Government, in the settlement of every 
 item in accouiits with individuals, are bound to sanctioh 
 the acts of their authorised functionaries, and make them 
 valid ; and h would be a contradiction to usage, to the 
 com IP on law, and to reason, to sUj.pose that the powdr 
 ot a new Secretary of War, dfter a lapse of years, or a 
 nev/ Auditor, could nidlify the official acts of his prede- 
 cessor. This indeed would be assuming a prerogative 
 that Legislative bodies seldom have exercised, and which 
 is forbid % sound policy and justice.— -(But as to his 
 
 • 12 az. porft and 18 tfz. nf bread or flour In a ratbn between the con- 
 ttactor «nd the Uniipd vStates. The officer of the Army may say (A, m 
 his uwn qptiou or pleasure) "I \»i!l receive 8 oz. of mess pork and li oz. 
 biscuit in lieu of prime pork or s-ift bread."— But the wliprnal conditido 
 between the (r Slates &nd the cuntracior is the rule of seitlemejit. 
 
 The premises of ih^ ihlrd Audifoi are bwsed on (he presumption that 
 the contractor commuted with the offirers at 12 02 of hard bread in 
 Kfu of IS oz. of soft bread, aind that he ought therefore to b' ch«r<'r.i for 
 th«>|)rovis:onsdtf!ivered,t6hlm at the same rat^— which, to say ih Ihst 
 of it, is en assumpiinn ndt warranted by the contrtt<t or the'fa. ts ; he 
 migm Bs w.>ll say. the contractor has often tlniea commuted with the of- 
 i}tei,4 bvv|ri,ving them money in lieu of provisions, therelore the coniraclor 
 jlwil account u.r rations w.* have delivered him, at the rate of the conimtr- 
 talioii instead of the money-price of the rntidn. Now tire rations wheft 
 
 delivered to the Cnntrartrir Aro («hnrh«H tn tilm in to>n»>^*. nn^ «,»« ... /,..,j . 
 
 w th the wasiafje And perquisite of issue first deducted- and, according to 
 lleiis;.j.r and ruli's oi settlement, he is only Hcrountable at the money- 
 price of the couiroct under which he received them. ^^ 
 
13 
 
 tOVVN CASEyHE SCORNS TO PLEAD A SETTLED ACCOUNT, IP VS 
 THAT SETTLEMENT Ufl eVfor in fact HAS BEEN MAp-fi A- 
 
 GVPJST THE United States.) — That, however, he denie», 
 ft! (J confidently rests op his reply to the third Auditor 
 of diii October last, as a full and complete refVitatioh of 
 the new principle set up by him. — (See opiniong of 
 Spencer f Kent, and Emmstf.) 
 
 Let us calmly look back aiid see what the contractor 
 has done to deseiTe the evasions and procrastinations of 
 the third Auditor. Let us see whether the official acts df 
 the injured :party have not been marked with a spirit of 
 consistency and honor, that stamps the suggestioiisi and 
 remarks of that oipcer with a character that would violate 
 the public faith, prostrate the laws, aild destroy, one of 
 the fundamental and sacred principles of the. Constitu- 
 tion — And is the painful silence, the patient forbear- 
 ance under the wrongs which the undersigned has so 
 long and so seriously suffered, never to end? 
 
 Has the late contractor ever received' any compensa- 
 tion from the United States, as acting Quarter-Master, for 
 himself or his agents, fcr the transportation of public 
 supplies on the waters leading to Lake Ontario, during 
 the late war, and on the northern frontier after the dis- 
 aster of the Campaign of 1813. — (See Orders of War 
 Department and correspondence.) ^" > >< J 
 
 Was not the transportation done with economy, at re- 
 duced prices, and with a full and entire accountability fOr 
 <lll the articles transported ; and did not the late contract- 
 or assume in the absence of store-keepers, and in the de- 
 ficiency of the staff, the gross amount of public provis- 
 ions at the original place of deposit, instead of subse- 
 quent and distant places of issue, thus saving the United 
 States from the loss of a single ration ?- — '-(See forms 
 and manner of transportation, 8cc.) 
 
 Have the United States or their officers ever legally 
 charged the contractor with a default or deficiency of 
 supply under the trying exigencies of the tiines, and the 
 
 tvr ofJdme^ Madison, late president ; John Armstron^^ 
 
« 
 
 14 
 
 late ^ecrefary of War, and colonel Macomb Jatc Md^ 
 jor-GeneraL) « 
 
 Have the profits exceeded a reasonable conipcnsationr 
 and under all the hazards of numbers, amount, and a lonff 
 year of prospective uncertainty, have they been commensu- 
 rate to the profits of an ordinary mercantile transaction ? 
 
 Has the ration within the State of New- York cost thi' 
 Government over the contract price, and was not that 
 price low, when compared to the then high price of pro- 
 visions r =• f * 
 
 1 c?nT "''^*^^, ^'^^'"^ ""^^^^ contracts made by him since 
 1809 been the lowest, and have not the proposals been 
 public, fair and open to every competitor, and have they 
 not always been promulgated to the people several 
 months before the;^ were made ? 
 
 Did he not in his first contract with the United States 
 sacrifice 1 cent and 2 mills on each ration for a period 
 ot seventeen months, by being compelled to take less 
 than his original proposal, notwithstanding that original 
 
 Fe'THd p'—roT ""^"^^ ^'''" ''''^'''" ^""^^ ^^'''" ^"^ ^^^^^ 
 Did he not relinqmsh seven mills on each ration 
 for the port of New- York and for Greenbush, in 
 his last contract of 25th February, 1813, with a spirit of 
 consistency and hberality, and with a view of conforming 
 to his original proposal, when in fact that proposal wa« 
 not accepted at the time, and the subsequent rise in the 
 P"^? ?SF<^vision authorised the additional price ? Let 
 oflicicml documents speak— f^^c letter of lOth Scvtcm- 
 her, 1823, to the third Auditor.) *^ ^ 
 
 Did he not sustain the land transportation of EiVrhtv 
 ThcHisand Dollars value of Flour and Whiskey ft-om 
 southern Atlantic ports to New- York, when the coa™ 
 am harbor were effectually blockaded, 'and had he ship- 
 ped them as he had a right to do hy the consent of the 
 
 w3n '"/l T'^ Y '^'^ ^'^V^^^^^on in his proposal e 
 M would have been captured, and the loss of th^ V, 
 
 states would have bfifin to tK« f.. 11 . _^ .i i- 
 
 ment.-~(p.) ^ "^ " "*"'"""' "^'"^ *^"P- 
 
iim since 
 
 15 
 
 Did hot the actinsr secretary of War, and secretary o£? 
 the Treasury offer and invite proposals to receive subscrip- 
 tions to the loan of twelve millions, in 1815, and by his let-, 
 ter to the present claimant agree to take the Warrant then 
 due by the United States to the amount of 181,000 dollars 
 as a part of the subscription aforesaid, 100 in stock for 95 
 of the debt, and when the proposal was accepted, was 
 the stock given, or a satisfactory explanation, for this 
 breach of faith ?-~(Sre secretary A. Dallasi' htter.) 
 
 Did not General Wade Hampton invade and usurp 
 to^r?.^^ ^^ ^''^ contractor, jeopardise the campaign of 
 1813 by establishing a military commissariat, and has 
 pal indemnity been granted, although Government ac- 
 knowledge the outrage, and have granted a part in miti- 
 gation ?~Balnnce due ^4,500. 
 
 r?o I "^^ *^^^ contractor relinquish the perquisites of 
 of 12 1-2 per cent, and one cent for issue Tor all the lar^re 
 amount of provision deposited by him, and left on hand 
 on the 1st of June, 1814, which percentages were his by 
 law and by contract, and would have amounted to area- 
 «onable profit of and was not this waived 
 
 to the advantage of the United States in their new con- 
 tract, or contemplated commissariat ? And what has ho 
 received m return ? Let facts and an impartial people 
 testify — (See letter \Oth Sept. 1823.) 
 
 Has he ever nskcd a favor of any administration, or re- 
 quired decisions not applicable to every man's condition 
 and to every citizen's case : * 
 
 Has he not sufTeied a loss, ])y the rule of allowance to 
 ethers, for furnishing casks, boxes, and packages, used 
 and kept by the Government, of ^^25,908 61 and a fur- 
 ther loss of casks and packages captured bv the enemy 
 and destroyed by the troops of the U. States of ^'4,805 86 
 — (q.) 
 
 Has he ever received the 12 1-2 percent on tho <rross 
 amount, or the net amount of issue, to the troops m the 
 descent of the St. Lawrence in 1813? and vet tho ih\rA 
 auditors remark shows most clearly that it is his rio-ht, but 
 h© pleads that tho porqui^ito of this i^uo should bo a bar- 
 
16 
 
 *'to the claim for the lo^s of packages and vessels belonging 
 to the contractor in currying the provision in the'desctnt 
 ^foresaid : thus pleading the allowance undQr the stipula- 
 tion of one articjie of the contract against tlie positive wtio- 
 
 jjjjation of a distinct article (f) - 'f- ,f . ii 
 
 Has he ever received any damages, for the excess 
 Qf one component part of the ration, over the others, of 
 l^orter's deposit, and captured flour, which is ^9,190 
 14-100. — (r) . n . ..r 
 
 Has he received the aipQunt of transportation of provig- 
 ^)ns, intended for ds^posit, or in transit for that purposes, 
 ^t Canandaigua and Genesee river, his agent being subse- 
 quently directed to remove immediately the said suopli^ 
 OS a substitute for those that had been captured aii^ de^ 
 troyed by the invasion of the Niagara frontier, and which 
 Wpplies were promptly furnished by order of the Com- 
 manding Gen€iral without availing himself of his le^al 
 right of 30 days nojtice on the sudden call, ^nd for 3ie 
 ^mediate subsistence of the Militia enroled in the sei:- 
 vice ; although payment of the said transportation i^ 
 provided for m the spirit and meaning of the third articlp 
 of the contract, and the decision of the Secretary of Waf 
 of 27th July 1816, amounting to $13,136 24.— (s) 
 
 Has not the contractor sufl'ered a loss of interest and 
 ^amages by his drafts being protested, which from the 
 time of unquestionable and acknowledged right to iaw, 
 to the time the precise balance was ascertained, would 
 be together by the rule as paid to others— ^35,625 Otf. 
 
 — (T.) 
 
 And did he not receive the official pledge of the Hon- 
 orable Secretary of War that the balance should imme- 
 diatehj be paid him on the settlement of his accounts f 
 And does not the contract likewise solemnly declar^ 
 that the United States shall immediately pay all balan- 
 ces ? Yet the payment was delayed with the loss of in- 
 terest from March, 1815, to January, 1816, ramounting 
 to $10,000) and then paid in Treasury Notes', at 8 to ll 
 percent below par, makini? a further losa nf <i22\\^ 
 
 2p,oo.— (K.) ' -^ ;-• "' ^^'^^^ 
 
^7 
 
 Hdve not (tet'ipiohs been mifi^lo by the departiftetit j^rartf* ' 
 hii,' in Home ca^ea in general, in others, in specijil term*, 
 alhiwances for loss on treasury notes, protested bills, and 
 defbrred payment ; while, irtderrtnification to the present 
 claimant has constantly bdeh evaded, notwithstanding hit 
 froqnent remonstrances.^ (See Correspondence ) And 
 is not the present claimant the greatest suffbrer in a ta« 
 faid on one of the essential articles which he was bound td 
 •supply under the contract Folemnly made by the public 
 functionaries, beffore any official notice or law had beet 
 promulgated, taxing the said articles, which by the certi^ 
 ficate of resj)ectab!e distillers raised the price of the arti- 
 cle 20 cents per gallon. — At 14 1-2 cents per gallon the 
 minimum damages, based on the return of gallons distill- 
 ed in 1814, and the duties that occurred in 1815, the most 
 favorable data for the Government, absolutely impaired 
 his contract to the amo'int of ^45,709 51-100. (u) 
 
 After these facts anc^ the considerations that follow, how 
 could the undersigned hesitate in making known his de- 
 mands growing out of the positive conditions of his con- 
 tracts, and recognised by the administration in favor of 
 others, under circumstances deemed not more favorable 
 than his own. Should the undersigned have hesitated, it 
 would have been an acknowledgment of the weakness of 
 his cause, or at least an admission that he had not the 
 ability to establish his claims for exact and entire justice. 
 He feels assured, however, by a consciousness of his own 
 integrity that justice will be granted to him by his country, 
 and he fully and confidently reposes for a redress of hia 
 wrongs and the eventual accomplishment of his legitimate 
 rights in the representatives of a just and enlightened peo- 
 ple, and in the mean time, does in the most solenm and 
 formal manner protest against the acts of the third Audi- 
 tor, believing as he does that he has not acted by au- 
 thority of the Government or head of the war department. 
 
 But if his official conduct has been sanctioned by tiie 
 Head of the Department, the undersigned does as free- 
 ly and solemnly protest against the said acts — in denying 
 him the just rights of a citizen, in refusing hiiu copies o'f 
 his own documents, so necessary in case of accident to the 
 
18 
 
 War Office, and in refuHin^ him copies ofdeciHions made 
 from time to tune, which dc^cinionH may have given cr« K 
 Its to other contractors in the settlement' of their accounts 
 —He protests against tlic report ol'the third Auditor as a 
 mass of errors, nusrcpresentations and false reasonin-r 
 from facts neither estabhshed, nor possible to be estab" 
 li8h,,d ; and as the undersigned's life is uncertain, he is 
 bound by the most sacred obligation to his child;en, to 
 demand that this protest be placed on the files of the 
 War Department, and likewise another copy to be filed 
 with the records of his accounts. ly '^ ^^ nim 
 
 ELBERT ANDERSON. 
 
Id 
 
 *i MIk >J ,'!!. 
 
 
 (a.) The duty of the third Auditor is to examine ac- 
 counts and facts of the service being performed, and if 
 any dispute arises as. to tlie construction of the law and 
 .contracts, the Secretary of War decides afi well as on the 
 oquity of the claim. The Comptrpller is the Law-Offi- 
 xer, and appeals arc made to liim from the decision of 
 Tlitx Secretarv^oh the law and contracts, and from him to 
 Cpiigress, Thfit the third Auditor has assumed all the 
 povvcrs of three distinct branches of Government^ is evi- 
 dent to any person who will read his extraordinary report 
 on the contractor's claims. — See remarks on 3, 7 andQ 
 claim, and his suggestiong to second Comptroller,) 
 ^,v(b.) In the settlement of contractor's accounts, the 
 cases are numerous, in which boxes and packages have 
 .been paid for by the United States, and always for troo{)s 
 on the march, or oi^ board of transports ; the officer re- 
 ceiving the provision, merely gives an endorsement 6n 
 the back of the abstract, for the number of casks or pack- 
 ages. Thelirst issue the present claimant made, was to 
 a detachment bound to N. Orleans, in 1809. The Sec- 
 retary of War, William, Eustis, ordered the casks to be 
 paid £br. 
 
 (Sixth article of the contract.) 
 
 ^ (b.) That all losses sustained by depredation of an 
 enemy, or Ijy means of the troops of the U. State??, in ar- 
 
 c 
 
 w\ 
 
 NOTl!:S ANB KEFERENCES TO .FACT5, fee 
 
 J, 
 
20 
 tides intended to compose rations, Sec. as well as im 
 
 OTHER PROPFRTY NFXtSSARILY USED IN TRANSPORTING THE 
 
 SAME, shall be paid for at the contract price of the ra- 
 tions, &c. " and at an appraised value of the other artu 
 Cleg, on the deposition of one or more creditable charac- 
 ters, and the certificate of a commissioned officer, when 
 the same can be obtained, ascertainiRg the circumstance 
 ot the loss and the amount of articles for which compen- 
 0ation IS claimed." '^ 
 
 (b.) On the books of the War Office the followinff 
 decision is recorded ; * 
 
 War Department y October 1% 1814. 
 
 SIR, 
 
 Your letter of 3d inst. inclosing the contract, cor- 
 respondence and accounts of James Byers, Esq. contrac- 
 tor, has been received.^ 
 
 The question submitted to this D>epartment, appeari 
 to have been anticipated in Mr. Byers' proposal of Jan- 
 uary J7th, 1812, to furnish the deposits referred to, re- 
 Bervmg to himself a claim on the Government for reason- 
 able and equitable allowances beyond the price stipulate 
 eo in his contract for all supplies furnished before that 
 contract should take effect. "* ^n ^ 
 
 It does not appear hy the contract referred to, that 
 Mr. Byers was hound to furnish casks and boxes,— or 
 %n other wwdg, it does appear that when the ratiom 
 were issued the casks and boxes belonged to the contrac- 
 tor ; if, therefore, the casks, boxes, S^c. have not been re- 
 turned to him, and are charged .u a fair price, the «. 
 mount should be passed to his v -^Vc 
 
 I am, sir, very respectfully, 
 
 Your obediont servant, 
 
 r- 1 1 rp T i^'S""^*^^ ^^^' MONROE. 
 
 Colonel T. LEAR, 
 
 Accountant War Department. 
 
 After the lapse of several months, and at the time the 
 present claimant's casks account was presented, the fol- 
 
lowing uitcrpoktioo uud codicil was added and interliu- 
 «id to the document on the fdes of the Accountant De- 
 nartment, the original record in the books of the war 
 oliict; remain3 unaltered, as above. , 
 
 "The above allowance to Mr. Bvers for casks and 
 boxes, was intended to compensate him for his trouble 
 and expense sustained in supplying rations, and making 
 deposits before his contract commeiiced, and no allowance 
 for casks or boxes must be made except in cases of spe^ 
 cial contract with this Department. , 
 
 (Signed) JAMES MONROE. 
 
 Col. T. Lear, • 
 
 Account. War Dept." 
 
 (c) It will not be denied that a requisition for a de* 
 posit must necessarily embrace (jhe packages as mu<ih as 
 an order for goods on the other side of the Atlantic, na- 
 turally implies that the importer phftll put them in packa- 
 ges ; yet the merchant on the other side charges the 
 packages and the purchaser on this side in usage, and 
 law is bound to pay the valqe. Hence the Vequisition for 
 deposits of provision is authorised by the contract, but 
 the packages are not .authorised by the coptraot, and as 
 the Government never claim the packages after they have 
 been emptied of their contents in the current issue of con- 
 tractors, so when they forcibly hold them and never return 
 them to the contractor, they must clearly be paid for, and 
 by Mr. Crawford's general decision of 27th of January, 
 ^he U. States are bound to pay the value of the packages. 
 (See the argument on file on this claim, and the opiuiona 
 of Pmckney, Emmet, Kent and Spencer, nlarked Q. 
 
 (d) See correspondence with third auditor, letter to 
 him 13th and 25th Sept. anrl his reply the 26th, in which 
 he confirms the verbal statements alluded to in previous 
 correspondenoei The decision of all the courts in the 
 U. States are recorded for the use and benefit of the peo- 
 ple and the Contitution of the U. States, as well as the 
 
 '" ••'"'=" '^'^"'.vKj, ic-owgiiiscs liiengiiioi every Citizen to 
 
 demand access to these records as well as all other records 
 that have a bearing on his rights and claims. The third 
 
 ^ '/ 
 
M 
 
 2S 
 
 «wve<t V Kl^-'V '« demand may l,„ve been desl 
 
 eumonfH «n,r '""PV""' o'^oAeial copies off heir own io- 
 moms «««, on file, „hat would be ti.e consf nuonrcT,, 
 
 oitiwns tH nl I • i. n"f^* expressly guarrantees to the 
 
 (See ?«t art de ^ZffK^" "T^" '™P'^""g <=ontrac,s." 
 
 exprea.ya4t;ed^rR vf '''•'•^™'*"^^ »< *« 
 
 that the Ci!f'f,3 « «"«»«'' jninister, and is his boast, 
 
 validatl, ri! f enacting regulations which might in- 
 9^1*1™ f" ""' compact, or affect the sacred tewtof 
 
 STaTJ'""T^ •^«'^««" individuals '■TS'^ 
 rrr Tfc *""" ''"^ papers, vol. 1, page 244.) ^ 
 
 ^ ~gi^^r ^^''-'-^ -^^ p-i-n, 4s^ 
 
 din? remark nnrlL ""'''*""•« -^Port on claim 3d, eonck-. 
 «nd''s.arme„, '"""«?to^'« •'efi'totion in his reply 
 
 Iral^dat^r^WrPef 1«T.'''T ^L''' 'l,"*^ »'«» *e con- 
 Crawford, d«"ed 27th inn 1«tf?"''''^i"°" «f ^«'^- 
 'opay";illolfsttl";,^'i'r^^^^^^^^^ 
 ro,u,rab,e by the contract." 'C alsTr comr o"t 
 
 ed for by the comrtto.t " '"? '"^^ '''^ ''''"•""•"*^ ««"- 
 

 23 
 
 dim Sth.^"*'"" *"'" ""^ '«P°rt of the third Auditor on 
 
 ^ 56'4^^^' ■'T"*"' l^^'"•'»' '«'5, paid 5 J,„. me. 
 00,/a0 4J " 2 June " " 28 Ann. i oik 
 
 ^ 7,38934 « 10 July « .< Ifon^' I « 
 
 o» 87,S89 34-100 It IS found were paid in JanUarV 1816 
 
 n treasury notes, dated the 21«t *jf that month Kr.«iii 
 
 interest until paid or funded, about whicHrme WeS 
 
 »o;.«n.s understood were from 3 to 4 ^r ceTabo^".? 
 
 to Mr. Anderson m August 1815 in treasury note* « 
 
 FilrLTf^oTr^^ "T ""'•' "'^^ «bove';a^""tu:T 
 *.xtract from the certificate of Prime Wnr^J »«^v4 a»kj 
 
 «,d Nevins and Townsend, whichtieS ty S 
 taissionerand dated New-York Nov. 10 18^ ^ ^"': 
 "We hereby certify that upon an exaSon of J 
 *ooksit.appears that U. S. treasury noterinlhi^mnA!! 
 *e,«o„ the first »/ September, 1 8 ^^"r^entptr 
 aule m specie, and on the Iltii of .!an. 1816at<>t jWa 
 per cent, payable inspecie." "••»l«) at 91 43-100 
 
 ■-•?3nhe differonce between the valno rtJiAo ..« 
 
 received by the eomractor and sloJe lltl ,^T^ ""*** 
 
 .eceived as certified above, wasl^lLltoTo*'"^"*''* 
 
 (K.; J^ he exhibition of that corrifipntn„ro i 
 fy to show that thejoint capitlrof tt con.rLZ LTI" 
 associates wore insufficient to enable thZ^fZi? t^ 
 putoions of the contract, without adv'reffrom' 'f '* 
 mehts by the government, or loans from ^-,^1?.!^'" 
 K>nciple of common law reco-mizcd hv „ 11 ™ " ' " 
 
 Jhe non-payment of a sum orSSj H,';,™ '"^ 
 U,o Joss of interest, which noccssarilv folToJ, ,,," '"'^^'^ 
 debt, until both principle and InK 'i'^rfit,,""^'""' 
 [&c repfy ott claitn Oth, and opinim,, T1 r <S, ; "? • '" 
 <rt t^c. Crawford of mh J, J. 18 16^1 ^~^^' *"*""* 
 
 . (l.) The government in 1 8 14 charged mn „-;#i, 
 sions saidtohavfi bo»n lotvi„ j„.,.J: . Sf 'L"" withprovi- 
 
 ing to #2593 78-andai;h;;:iiT,Ts''(dmilfri';^T'',""'- 
 p«Jvi«ions werem,«., and thnVof course '^ ,""" "'^^« 
 wrong, the third Auditor ^'^'^^^t^^ 
 
 i, 
 
 i 
 
 I 
 
 f 
 

 24 
 
 the amount, because the account he says is closed—and 
 because also tnat he erroneously gave A. Porter credit for 
 the amount, whicherrortheclaimant pointed out at the time 
 u was made, and now furnishes full and ample testimony 
 on the subject [See third Auditor^ s objection to claif^ 
 4» *>> 4, 5 and 6.] , ^^■ 
 
 J J ; {H.) Extract from the contract made with Gen. Dear- 
 Dom lor the issue of the provisions which had been de- 
 K«. 1^/^ contractor during the year ending the Slst 
 
 rSf — Article first, ' v 
 
 •.'rlk u\';" ^'^^'^"^^^ «l^all be taken as soon as possible 
 which shall comprise allsUch supplies as shall have been 
 actually delivered on or before the last day of MaViasiSL 
 »na shAll on that day remain unexpended." ' j z • 
 
 1 he operation of this contract is altogether retr'dspeo^ 
 tive, and the price m money was 14 cents per ration* aad 
 toe price of the component part of flour 4 cents, 
 ^.^nder the contract dated 25th Feb. 1813, which weiA 
 Into operation on the 1st of June 1813, the money price of 
 the ration was 17 K2, and the compound part of flour 7 1-2 
 cents— this contract for deposits as well as issue from de- 
 posits, IS prospective, and embraces what shall be issued 
 and deposited, between the first of June 1813 and 31 st of 
 May 18 1 4 at the money price 17 1-2 cents. [See com- 
 
 These simple facts prove conclusively that the settle'- 
 ment of March 1815 was strictly according to law and the 
 lacts. And yet the third Auditor erroneoudy states V the 
 provisions were deposited under the first contract to be ia- 
 sued under the second; and that the latter contract fixes 
 the price at 7 1-2 cents instead of 4 cents ;" had he said that 
 tills ought to have been the condition it would have been 
 modest, but that would not ai.swer his purpose, and in 
 his eagerness to discover errors in the settlement with his 
 predecessor in March 1815, he sets out by making two 
 bo d assertions, neither of which are true. Now I will 
 help him a little, and show him that it never was 
 intenaed bv th« Wnr Ti^r^t,^*^ *■ *u_ -_j^_ -i» .i 
 
 Department to General Dearborn, dated 16th March, 
 UU.3, after contrart of 25th Feb. 1813, directs him to 
 
25 
 
 carry into execution the contract with the claiman* »„ 
 .««ue the rations of the former deposit; the toH^cS 
 of which contract, is recited above in the contracrwUi! 
 Gen Dearborn. (See contractor's reply on file, Zd 
 larther arguments and facts, dated 6th October, 1823. " 
 
 OPINIONS. 
 
 Mr. Anderson has submitted the report of the thiM 
 auditor to the second comptroller, and his repl es theret^ 
 for my consjderat on ; I do not understand Ltmy S: 
 
 which Mr A^^nr" •"• ""^ "'"^"'"'y ofth^prin^tfon 
 Ifll^ l^r.w^f'^""? ««<=«"»'« "'ere settled in ■karch 
 .1815, but that It IS asked as to the propriety of a re-^, 
 
 I^coiT"gh?,!fl r'='P.'-.»»dof 4ain Vni'^th^ 
 account. Should I have misconstrued the request mad« 
 to me, no possible injury or inconvenience can wis" tl 
 Mr. Anderson, because I think he has met and mo^t t.^ 
 cessfully refuted the new principles on which Se temi 
 of the former account have been questioned. IndSt 
 would no, be m my power to present his argument^ 1„ a 
 
 exfeTth'rr'™"" "' '°^'''"^' 'hanhf hashimsVf 
 The contracts made between the Government and an 
 individual can be construed and interpreted by no oth^ 
 rules or princip es than those which govern contract^ 
 between private. ndividuals; the same rales also wS 
 bind and conclude mdividuals in a settlement of accZts 
 must conclude the Government, now the third auS 
 insists that the rations of flour and hard bread! mendoned 
 mhis report, should have been charged at 7 T-lS 
 whereas they were charged only at 4 cents. This "el 
 pends entirely upon the question, whether the Z.rL 
 question was received under the contracrof 7 Nov 18, " 
 and IS to be governed by its provisions or by those in /l.« 
 conti ct of 25th Februiy 1813. This was not 1 n,.! 
 !i°".",f .'^'"V .- ifitwas,^t is not pr:t:nld°th"ar,l' 
 ..uD«ui.u oi me lacts produced the "settlement that h"n'. 
 been already made. No new fact has beeTd scovired 
 nor has any, then supposed to be true, been ascertS 
 
 I'! 
 
 4 ■ 
 
 A 
 
 r 
 
vM 
 
 i. 
 
 ;ii 
 
 to bo unfounded. The question then involves only the 
 leg-al construction of these contracts. The Government 
 by Its constituted agents, acting within the scope of their 
 authority, agreed in the meaning and interpretation of 
 these contracts, and solemnly decided so far as it could 
 decide bythe final settlement and payment of that ac- 
 count, that Mr. Anderson received the flour in question 
 linder the contract of 7th November 1811, at four cents 
 per ration. 
 
 It is a well understood principle of the common law, 
 and It 18 believed to be acknowledgod by the Jiighest 
 tribunals of justice in the United States, and in the seve- 
 ral states of the Union, that when an account is once set- 
 tled and the balance is paid, both parties are precluded 
 and estopped from insisting afterwards, that the settle- 
 tnent proceeded on a mistake of the law or on a misap- 
 fjrehension of the legal effect of their contract upon whicli 
 the settlement took plf^ce. ^ I? 
 
 ^ A contrary principle would be most alarming in all 
 cases, butm contracts with the Government it would be 
 peculiarly unjust and oppressive; no man who had con- 
 tracted with the Go\'«rnment, after having settled with 
 It through Its authorised agents, (the only way in which he 
 could settle) upon principles acceeded to by both parties 
 could ever assure himself of a final termination of his 
 contract. If the Government could not be bound by 
 such a settlement, in which no error of fact had taken 
 place, then in as much as the statute of limitations could 
 jiot be pleaded against the Government, such accounts 
 might be overhauled at a period ^owever remote. A 
 doctrine pregnant with such consequences cannot be 
 sound, neither would there be any reciprocity between 
 the parties for the individual contracting with Govern- 
 ment, woiUd be clearly bound by such settlement, most 
 certainly tlie Government ought to be equally bound 
 Ocfober 2, 1823. 
 
 (Signed) A. SPENCER. 
 
V 
 
 27 
 
 Mr. AiK 
 
 t e report of Mr. Hagner, the\wrd audhof '"to'W?"' 
 the second comptro ler, in favor of nnm./ u *^""''' 
 ment of accounts made between the n'inn ^.""^ "«"'«- 
 of the Government and him f„" March ^I 81 ^.'r"'"^' 
 with a copy of his replies to that renort » ^' ^^^'^*' 
 with the contract of 7th Nov. 181 and thl ??i- '"«''•''«' 
 blanks of that contract by Gen De„rJ "'."^."P '''» 
 tract of the Secretary of War of 2^,1 r S'V""'^ '^^ •'"n- 
 
 and the contract of iiueofThesaml'dt^''™'"-^ '«'^' 
 
 I have examined the same nnH l7„ . 
 
 opinion of the Hon. Mr.X;ncer iZ" ""'''^'^ '" «''« 
 case where there is no fraud nor m It °*""*'^«'' ' '» » 
 n would appear to me to be moT.U^ "" P"'"' °<" f««» 
 dent, and accordingly iniuriol Lr®^""""' "^ "P'^^e- 
 rights ofindividualf LreGwer^menT.r'''^'' '" ">« 
 ment after a lapse of years, on TsuSon T" " '""'.«- 
 the legal construction of the cont?a?t T f'^l ^7°' '■» 
 not permitted, (and the objection sTnfini?^!''""*'"'''" "" 
 respect to the Governmen/) to open a3 "'°"^«'' '» 
 the ground of a mistake of law, when th! f/"'=°""* "» 
 made with full knowledge of d The U^! ««"l«ment was 
 derstand or apprehend from tL °'^' ^ «•<> "ot un- 
 
 .ubmitted, th^tVTe1;iLTn*:armTde" ^^i'r '^^- 
 any misconstruction of the comract« „ eM^^' "Pon 
 Mr. Anderson; but be that as h mV Z ''" "¥' "^ 
 sound policy as well as the estal i^ ^' ■ P"nciples of 
 of equity, forbid the opemW of ac „^ 7'".' ^^, '«^ «"d 
 upon the suggestion of any mistatpT ' '^"''y '''°««'<J. 
 or misapplicltion of prindpC Tl, •=°"^"-"«ion of law 
 ed for fraud or mist^e Xatter^Scr ""'^ ''" °P^°' 
 
 j 
 
 iVew-For/^, October 30th, 1823. 
 
 JAMES KKJVT. 
 
m 
 
 
 " I have perused the papers submitted to me, by Mr. 
 Anderson, respecting a suggestion from the third auditor 
 of the treasury, to the second comptroller, that the setde- 
 ment made by the Government with Mr. Anderson, in 
 March 1815, (the balance of which w as then paid) should 
 be opened on alledged mistakes. 
 
 It is scarcely my province to consider whether the al- 
 legation of mistakes be or be not well founded, but I con- 
 fesis the examination! have been able to give the con- 
 tracts, leads me to doubt their existence. The third 
 auditor contends that flour deposited under the contract 
 of the 7th Nov. 1811, but issued under the contract, or 
 rather after the commencement of the contract of 25th of 
 Feb. 181^, should be charged to him at 7 cents instead^ 
 of 4 cents per ration, as it was deposited under the conV 
 tract of 7th Nov, 1811, Mr. Anderson was only allow-- 
 ed for it 4 cents per ration and by the contract with Geiu 
 Dearborn, he only stipulates to account for it after de- 
 ducting 12 1-2 per centfor wastage, that accounting must 
 be at the contract price for lt> when deposited. Suppose 
 Mr. Anderson had never ma^le a second contriaot with 
 Government, but had closed his connection with iton the 
 last of May, 1813, and had. then delivered up to its agents 
 this very flour, he certainly could not have demanded for 
 it deduction of more than 4 cents per ration ; nor if it 
 had been wasted or lost, could behave been charged 
 more. Why then should he on keeping it be charged 
 more without a special agreement ? The contract of 
 25th Feb. 1813, makes no provision for the charge insist- 
 ed on by the 3d auditor, it only agrees upon the price 
 Mr. Anderson shall be allowed for the flour Ac furnishes. 
 If Government had demanded 7 cents for it on the com- 
 mencement of the second contract, he might have said 
 " that will yield me no profit— take it and do with it what 
 you like ; I will purchase my own flour when I find it 
 most for my advantage." As to the hard bread, the stores 
 left by A. Porter, and the captured flour I can find no 
 pr.rvision relating to them in either contract, and must 
 p-esume tjiey were settled for, on such terms, as at the 
 tune seemed reasonable to all parties. But even if I ^ 
 
, by Mr. 
 1 auditor 
 le settle- 
 trson, in 
 1) should 
 
 rthe al- 
 ut I con- 
 he con- 
 he third, 
 contract 
 tract, or 
 r25thot: 
 I instoadi 
 the conr 
 y allow- 
 ith Geiij 
 fter de^ 
 ingmust 
 Suppose 
 iact with 
 it on the 
 s agents 
 ndedfor 
 nor if it 
 charged 
 charged, 
 itract of 
 e insist- 
 le price 
 rnishes. 
 he com- 
 ave said 
 I it what 
 [ find it 
 le stores 
 find no 
 id must 
 i at the 
 I if I lie 
 
 S9 
 
 wrong in this reasoning, and fliat the former settlement 
 was erroneous, the error was in the construction of the 
 contracts, whicli is a mere error in law. The payment to 
 Mr. Anderson, in March 1815, was voluntary, and with 
 a full knowledge of all the facts and circumstances of the 
 case. As a lawyer, then 1 cannot hesitate in saying that 
 a similar settlement between two individuals could notl)e 
 opened, even if the statute of limitsitions interposed no 
 objection. There is no fraud or mistake of fact, and 
 neither a court of law nor of equity would entertain an 
 application for that purpose. I do not believe Govern- 
 ment either claims or enjoys the privilege of disregard- 
 ing these principles of law and equity, which, under sim- 
 ilar circumstances, individuals must abide by; ^ 
 ailthough the statute of limitations may not interpose a 
 legal bar against it, yet the great length of time that had 
 elapsed, ought to operate on its discretion with a force 
 equal to the obligations of a law. 
 
 THOS. ADDIS EMMETT 
 
 New-York, Nov, 1, 1823. 
 
 P 
 
 I 
 
 I 
 
 c 
 
80 
 
 (n.) There can be no doubt that the gettlemont o^* 
 18i5 was correct, legal and founded on princip^r:^- ,he 
 
 XI: '"'' """^ P^'T '^"' P""^'"' at once the oquhr 
 ed wfth r '"" •^'""?' ""^ contractor by his being chC^ 
 ed with the provision m mass at original places of depoi 
 instead of distant and subsequent places of issue. Messrs 
 Spencer, Kent and Emmett in giving their pinion were 
 not required to confirm what wai clew and pikin but Aey 
 were required to say as jurors, whether the goiernS 
 had any power or right to call in discussion anew ^d 
 principles of the former settlement on the ground of '»it! 
 to WZa„ or contract. The peace of sof iety? the pT"- 
 cip^es of the common law, and the rights of every citizen 
 are involved in this question, those gentlemen 27r a care" 
 ful reading and examination of the contracts &c volunte- 
 
 I J 
 
SI 
 
 CORRESPONDENCE AND ORDERS. 
 
 w A T War Departmmt, FA. 2hth, \W2. 
 
 £,. Anderson Jr. — Sir, 
 
 .jj-.- . Y°"'' V "^^ "'" ""^ 1^''' '"«'• is received. In 
 addition to the ordinary issues under your contract von 
 are required to provide rations sufficient for twenty-fivo 
 tliousand men, for two months ; calculating the issues of 
 meat, to consist wholly of salted beef and pork, or near?„ 
 in those proportions. The object being'^to secure th^ 
 flour and salted meats ; the procuring of the other part, 
 of the rations may be delayed for the present. AlbZ 
 Troy and Lansingburg, may be considered as the princi- 
 pal places of deposit, but where your purchases are made 
 at considerable distance from them, the removal maTbo 
 delayed until farther advised. This may particular^ an 
 
 YouwiU inform this Department of your progress an<J 
 iZ'Z^ "^°" ""^*^''" purcl Jes irvinVrt 
 Respectfully 
 
 Your ob'd't serv't. 
 
 Elb£rt Anderson, Jun. ^' ^^®TIS. 
 
 Sir, 
 
 J>epartm€nt of VTar, August 6, IS12. 
 
 A n^Pf '^"^"^^ ^^^"^J' ^^^ ^"*^ 3^ have been receiv 
 IL Jt .d^P^^^^^f revisions by Anderson and Bve ." 
 should be inspected where they are, in order to save the 
 transportation of such as mav becondemnprl nftl !!"',! 
 you wni order them to th^sa places wherelhey may be 
 
 tnoss 
 
 t 
 
 i 
 
 u 
 
 I 
 
8$ 
 
 are Lt urn er oW -adon ?n """^ !" grater advantage, vou 
 they are bound to mnlr.h .''"P'"^ "'" contractors, but 
 
 your troops, vou will li.£„ , \ "'"king disposition ol' 
 
 quire Miij:tZVz^zzm:7s''"T f° ^'^- 
 
 copy ofhis orders herewUbcncIoLi "'''"'' ^"P'"""." 
 
 I have &c. 
 Gen. H. Dearborn. W.fiUSTlS. 
 
 Mr. And^fol,'^"'"^'"' ^''«^'^' Sept. 2Stb, 1812. 
 Contractor for the Army, 
 
 hand next sprinlontake'ct^^^ '"'" ^"^ '" '>»»'' "» 
 your present confmc" flour ^^nT^T' *". rPP"«« ""^er 
 for rations for ten S^i/™!'':'?."''''""'' beef, sufliciem 
 rou should take.et:rc^:i'>i;^- --^ -^ 
 « our» With esteem, 
 
 H. DEAKBORN. 
 
 Sir- Department of War, Nov. 27th, 1812. 
 
 arrangetn^ wouM b?lf?*'r,^^'« '"'^'««'> »»•« 
 
 ia-eingthe deS o/ potior 'whrchT'HT^^ '""^ 
 quired of them. Mps^,-/* i ' . "^'^ been re- 
 pressed aXgneL omak'^r"'''"'^ Byershaveex- 
 yousliouIdfmdhXthe^ht ? "'""' : "»'' '■""'«« 
 in preference TotW alms V ^'■''''' »° employ them 
 
 .be blank attachedt JfltXts^^rdt^^^^ " '^" 
 1 have the honor, &c. 
 
 Maj. Gen. Hen^ Dearborn, Plattaburg."^' ^^^''^'^- 
 
\^ 
 
 m 
 
 >>> 
 
 Ilead'Quarterfy Albfmf/, December 10, 1812. 
 iMr. Anderson, 
 
 Contractor for tho Army, 
 
 Sir — You will please to remove all the flour 
 provided for the Army, on the banks of the St. Lawrence 
 near Ogdensbur^h, to Riisaeltown, excepting such as may 
 be necessary for the current issues. 
 Your luuiiblp servant, 
 
 H. DEARBORN. 
 
 ^IR, 
 
 Albany, December. 19, 1812. 
 
 You will please to have on hand in the vicinity of 
 Sfeckett's Harbor, and to see deposited at those places by 
 the first of April, throe montlis rations for one thousand 
 men. 
 
 ^ , , ^ H. DEARBORN, 
 
 inr. Anderson, Contractor. 
 
 •d 
 
 Head Quarter s^ Dec, 26, 1812. 
 Mr. Anderson, 
 
 Contractor for the Army — or his A<Tent, 
 
 Sir — Of the deposit, which you have been 
 requested by the Secretary of War, to have on Lake 
 Champlain, for three month's rations for ten thousand 
 men, you may place one thousand eight hundred bar- 
 rels of flour j in suitable proportions, at one or more of the 
 following places, on boatable water leading to Oswego— 
 viz : Rom Onondagua and Cayuga. 
 Youi- bumble servant, 
 
 H. DEARBORN. 
 
 ^^ar Department, Feb. 8, 1813. 
 Sir — 
 
 A force from four to six thousand men mav be con- 
 centrated on some point of the St. Lawrence or Lake 
 Ontario, and will make necessary supplies of provisions 
 equal to the aubsistenco of this number of men for three 
 
'I 
 
 34 
 
 months, coimtinir fjom tlie firsf nf M„ i 
 
 --of deposit Hiroulci be^ll^^^^^ "^^^' ^''^"^P' 
 
 C<»M 
 
 ^n 
 
 Vh 
 
 lu- 
 
 ^ "•.rr»«.r, juu iiuvo at or near Ofr.i«« u""" --'^♦vfigo. 
 enter ,mo your calculation a^ th.v ^ ^1^ "''« "^^^ "''^ 
 otJmr purposes. ' ' ^*''>^ '"^r be required for 
 
 1 am sir, very respectfully 
 Sir,— ■^««'- I'o'A, i;^«i. ] 3, 1 8 1 3. 
 
 your loitoVlfZmiZri '■'■°'" i^^^^^ ""d «"•"<» 
 
 my agents at SacketCfCb; O """«''''««'y instructed 
 eveiy exertion to obta „ thetl?;'^? ■ "",'' Ro^^. to us. 
 For this purpose I have tranl*^ L71-""'i'' '^'•«000n,en. 
 m the State Bank. Sha CvT r^ "''' '? ""*'' "^J't 
 department for thatrcaukition„ T" 'P '^'•«"' «" your 
 as last a,lvised. You? Z^^^^^^^^ ? the eurrent issues 
 
 "oat of Government sha iT oomX , 'm ''' '"P"'' '"the 
 the nutun, of n.y business v^U™dmit '" "« P'^^Pt'y >» 
 
 Ihave the honor toremainyourob'tserv't * 
 
 Hon. John Armstrong ^- ^^^DERSON, Jr. 
 
 s,H,-The Q"arteT;;^rg:t,7vlr' ".• [«'^- 
 
 will give the necessary instructions fl^tf''™'''' ""*' yo" 
 keepmg of the provisbn whic Zv hj ^ '''"f ''"'••'^«- 
 pos.t for the Army by the contrw? '"' furnished in de- 
 .s approaching, tlLe TpoTirwrn L"' •''" ^™ «ea«on 
 tention, and it is presumed yortiir^"""^ particular at- 
 tlm arrangements f^r issu^g agreelbl .o?h ''''"''^ "l"*" 
 ol this department of 27th Nov 1812 the instructions 
 I have the honor to be 
 
 Very respectfully. Sir, 
 
 Your ob't serv't 
 
 M, 
 
 Jiiaj. Uen. Henry Dearborn, 
 
 Sackett's Harbor. 
 
 JOHN ARMfflnno 
 
 A Will Ur. 
 
d5 
 
 lieaa Quarters^ Albany ^ April 4, 181S. 
 Elbert AnclorHon, Escj. 
 
 Contractor for the State of N. York, 
 
 Sir — Yoii will not fuil of having at Sackett's 
 Harbor, by the 20th day of the present month, one thou- 
 sand barrels of pork and beef, twelve hundred barrels of 
 flour, fifty thousand pounds of hard bread, six thousand 
 gallons of spirits, with a due proportion of soap, vinegar 
 and candles. And you will also have ready at Oswego 
 by the 15th day of May, to be forwarded on the shortest 
 notice, 200,000 complete rations ; and in the mean time be 
 prepared for current issues of rations for 4000 men ai 
 Sackett's Harbor, and 2000 at Utica, Rome and Oswego, 
 as the troops may be in greater or smaller proportion at 
 the three last mentioned places respectively, and with 
 suitable depots of rations at Green-Bush, Schenectady, 
 liittle-fttlls, Utica and Rome for supplying troops, on 
 their march from Green-Bush to Lake Ontario. 
 
 The supplies demanded by this order to be deposited 
 at Sackett's Harbor and Oswego, will be taken from the 
 deposits belonging to the U. States, while the current is- 
 sues will be furnished by the Contractor on the general 
 stipulation of his contract. You will superintend and di- 
 rect the issues of those rations which will be furnished 
 from the public deposits as well as those issued under your 
 present contract, you will have correct accounts kept of 
 what you receive and issue from the public deposits, and 
 you are hereby authorised to receive such parts of rations 
 from the store-keepers, with whom they have been depos- 
 ited cm account of the U, States, as circumstances may 
 require, 
 
 H. DEARBORN. 
 
 flim, 
 
 Albany, April 14, 1813. 
 
 You will please to take suitable measures for hav- 
 ing the whole of the provisions destined for the Army, on 
 tiic uoruerg oi i^akc Ontano, m readiness for being con- 
 veyed by water to Sackett's Harbor, or to any other part 
 
 .i 
 
Your humble servant, 
 Elbert Anderson, Jr. Esq. Contracto"- '''^^''^^^^- 
 
 r„l T ,f-^"'^.?T'^'^'>*^*^e last order.! 
 Mr A„de'soi"'fo. h.''^ ^^'^"^ '' P^y '^^ Contractor, 
 
 Sacketfs Harbor, July 20, 1 8 1 3. 
 
 ROBERT SWARTWOUT. 
 
 if 4 
 
 SIR^ -A'^w- For^, 4t?n7 8, 1818. 
 
 DeplrtmrtSw^V^cuttZ^^^^^ 
 
 vouchers; that Department tSs'lV^verSr if 
 
 the examination of accoiinf«i w/hJoU • r ^ aiiatory m 
 
 new contr«r.t« v!l 1 <^V act. The advance on the 
 
 trprldt^tfortrTaserTst '»"'='' ^'''•"^'*- 
 
 furnished for Febru™v I sh«Tl Hr "^ «<"=<»•»«« ^'e now 
 
 fcr fh„ „..-.„_:: "^^'y-.'..^''*'.' ">^aw on your department 
 
 ,- .... VU.....V «»ue« oi March, estimating that" issue at 
 
 4 . . ■ 
 
S7 
 
 ^3n,000 ; it will exceed that amount, as the troops in- 
 crease daily in this state. 
 
 I have the honor to remain, 
 Your obedient servant, 
 
 ELBERT ANDERSON, Jun. 
 Honorable JOHN ARMSTRONG- 
 
 Albany y April 14, 1813. 
 Sir— 
 
 I thatl depend on you for not only the transport 
 tdtion of the provisions for the Army on Lake Ontario, 
 hut also for the issuing the same, excepting at Niagara, 
 previous to the 1st day of June next — and I trust you will 
 have suitable characters employed for the purpose. 
 
 Yours &/C. 
 
 H. DEARBORN. 
 Elbert Anderson, Jr. Esq. 
 
 
 (extracts.) 
 
 Utica, 21st April, 1818. 
 
 As soon as the provision can be forwarded from 
 Oswego to Sackett's Harbor, I feel confident the supplie > 
 will be ample. Those requisitions for the first expendi- 
 tures will be the most difficult, as the sub-contractor has, 
 in consequence of the great and unexpected increase of 
 troops, been released from furnishing any portion of the 
 deposit. We have at this place and Rome, an average of 
 2,Q00 men, and the contractor is making daily sacrifices 
 to meet the current issue. The current issue for the 
 harbour exceeds 4,000 men, and daily increasing. On 
 thejemoval of the troops from Plattsburg, I directed my 
 agent to cause a drove of cattle, provided for that post, 
 and that had been stall-fed by me, to be drove to Sackett'i 
 Harbor. I fear they have been swampt in the Chateau- 
 gay woods, as I have not heard of their arrival. I hav« 
 
98 
 
 this day «ent a man in Chenango county to obtain -.0 l.r a.I 
 for the Harbour. Beef now at the Harbour, «8 j„.r 00 
 Ib8 I have made a contract with a powerful co.nnany 
 of Butchers and Drovers to supply all rations of fresh 
 beef on the frontiers an.l the Canadas after 1st of Ju'^ 
 1 he arrangement .s distinct, and I believe, well organiz- 
 ed for the beef department. Until the 1 st of June great 
 and heavy losses are daily accruing to myself and aglnts 
 m consequence of the alarming scarcity of provision! ' 
 General Dearborn has mvested me with Quarter-Mas- 
 ters powers to transport the public provision from Cavu- 
 ga and Rome to Oswego, &c. and my vouchers for those 
 disbursements will be simple, and comprise the expense 
 by the voucher of the receiving and delivering^sCe.' 
 keeper for the several amounts paid by them. I am rea- 
 dy to give my services to effect the objects of the Secre 
 tary of war and Government; but it must be expected 
 hat >,e Accountant of the War F apartment shall pS- 
 ly examine and place to my credit my vouchers asCoX 
 received If we soon move into Canada, it will be ne- 
 cessary to have the line of store-keeper, organized- will 
 you, or the commanding General difect thif to be dore 
 General D has given me some instructions on this head 
 but no sufficiently char on one side, nor extended to 
 meet the emergencies that may arise. *^««»"led to 
 
 Shall I close this letter by the usual cant of the Con- 
 tractors v,z. of losses, &c. &c. } No ; it is sufficient 
 for you o know, that the campaign was fixed after vo, 
 came into ofhce-that the supplies had to be obtained fo 
 a large force, in a motemcnt of troops more rapid tim 
 any thing that has occurred since thf war, anZhat th 
 country was previously drained of all its usual re ources 
 Ihe subsistence of the horses at this place costs three 
 tunes the subsistence of the soldier : corn lOs. 6d!.-oat^ 
 8s. per bushel All I shall do at present shall be o prav 
 for the 1st of June; I shall feel so much satisfaction on 
 he arrival of that day, that I shall treat all the army^^ To- 
 . . . ,^ ^ayugii lu push tlni suppiies from that 
 quarter, duarter-master General Swmwout 7a.sed 
 
39 
 
 tlirough to-day. No news from the harbor ; last acoountB 
 18th ; PJlotilla yet in the ice. 
 
 With sentiments of respect, 
 Your ob'd't serv't. 
 
 ELBERT ANDERSON, JUN. 
 
 P. g. — Mr. Jenkins will forward to superintendant of 
 public supplies, Blank forms drawn up by me at Albany, 
 marked A. for delivery in deposit, and Blank form B. for 
 the delivery again to the contractor, for issue. I hope 
 they will be approved. 
 
 Hon. JOHN ARMSTRONG, > 
 Secretary of War. 5 
 
 •>' 
 
 Geneva, April 26, 1818. 
 Sir 
 
 I ha\e no instruction what stock of provision to 
 aupply for Gen. Lewis' Army. Is it expected he will be 
 at York U. C. by 1 st of June ? If so, he must be suppli- 
 ed from a new deposit not yet required. \/e have em- 
 ployed all the boats we could find to transport the provis- 
 ion from Cayuga to Oswego ; 700 barrels of meat have 
 gone down, and about 1500 barrels flour. I hope in 
 God's name the public boats will carry them to the Har- 
 bor. All the private boats have been purchased b? 
 Government on the Onondaga and small waters, and we 
 now have to pay a great price to transport the deposit, 
 meat, flour and bread to Oswego. My greatest appre- 
 hensions are that the great force at the Harbor will eat us 
 up. before the provision can arrive by water from Oswe- 
 go. I hope my fears will be groundless. 
 
 My principle stores will be laid up on the Cayuga, 
 mouth Gennesee river, Sodus Bay and Oswego, those will 
 constitute the principal depot for provisions. Will you 
 say what stock is required in deposit to be conveyed 
 over in case Vvc cross f Let mc have authority to call 
 for the public boats, or we shall never be able to get it 
 
40 
 
 W 
 
 down to Oswego. It takes several days to go and return 
 from Cayuga to Oswego. 
 
 I remain, in haste, &c. 
 
 Your obedient servant, 
 
 E* ANDERSON, Jr. 
 
 Si*— 
 
 Cayuga, April 28, 181 3. 
 
 Since my last, Mr. Townsend has returned from 
 the Harbor. Gen. Dearborn and about T 500 men had 
 left there on Friday, they stood off on Saturday morning 
 as I suppose for York. I am highly gratified that every 
 thing relating to the supplies, required for the 15 days of 
 mm expedition, was promptly furnished by my agent, I. 
 Foster, and that he assures me he has sufficient until 
 the supplies reach him from Oswego, (fee. I this day 
 send down 250 barrels hard bread. We have four large 
 ovens going at this place, and bake 60 barrels hard bread 
 a day, and we daily send the pork, beef and whiskey, but 
 we have very few boats. I see more and more the ne- 
 eessity to have some power by the General or Secretary 
 of War, and that my calls for boats must and ought to be 
 complied with. I am now acting in the ca')acity ofQuar- 
 ter-Master, Contractor and Commissary. I go to 
 Oswego to-day, and to the Harbor on Friday. We anx- 
 iously look for good news from the Lake operation ; if it 
 comes to-day it will have a good effect on the election. 
 I remain with great respect, 
 Your obedient servant, 
 
 „ , , , ELBERT ANDERSON, Jr. 
 
 Hon. John Armstrong, Sect'y of War. 
 
 Sacketfs Harbor, May 1, 1818. 
 Sir — r - ^ 
 
 Your's of this day's date received, in reply will 
 observe that you are permitted to make use of five of the 
 Batteaux, belonging to the Government, now at Oswego* 
 for the purpose of transporting provisions from Oswego 
 
41 
 
 to tliis place , or from and to such other place or places 
 as may become necessary until otherwise directed • but 
 previous to any boats being sent to any place more dis- 
 tant trom this post than Oswego, the Commanding Officer 
 at this post will be notified or consulted as to the time 
 when the boats shall go further from thence than Oswe- 
 go. You will please to furnish such men as may be em- 
 ployed on account of Government, with rations while so 
 employed. 
 
 You will furnish the necessary store room for the pro- 
 vision, or direct yours to do so, and if the Commanding 
 Officer at this post shall not furnish a store-keeper, you 
 will appoint a proper person, and name him to the Com- 
 panding Officer, for his approbation. With respect to 
 issues at this post, while I have the command, consolida- 
 ted returns signed by the Commanding Officers of Reffi- 
 giments, and approved by myself or by Capt. Charles E. 
 1 oby, my aid will be recognized. 
 I am, sir, respectfully 
 
 Your humble servant, 
 
 ^OHN CHANDLER. 
 
 Albert Andereon, Esq. ^''^' ^'^^^^^* 
 
 n 
 
 g. _ ^ew- York, May 1 2, 1 8 1 3. 
 
 y[^^I^- ' J,^^^ ^^^ ^^® pleasure of a personal inter- 
 view with Maj. Gen. Dearborn, among other instructions, 
 1 received the enclosed orders of April I4th-.I immedi- 
 ately took measures for their execution, and by Gen 
 Dearborn s request, I wrote to Maj. Gen. Lewis, to re^ 
 quest him to give the earliest information of the number 
 ot rations required on the Niagara frontier, on\he 1st of 
 June J and to inform me of what amount of supplies 
 would be left on that day by Mr. Porter. 
 
 In absence of Gen. Dearborn, I had the ,honor tn nr?- 
 dre,^ a note to Gen. Chandler, commanding atSackett's 
 Harbor ; his reply which is annexed, embraced all the 
 objects of my inquiry. 
 
41i 
 
 The Army, in its present state of or£rani.....ioii, ims 
 never been directed to consolidate tli(3ir provision returns, 
 but every Officer commanding detachments and contpa- 
 nies has thought himself at liberty to draw rations on liis 
 own authority, when it is well settled that the contractor 
 is not bound to obey the recjuisition, but of the ( Command- 
 ing Officer onhj. It is undoubtedly the duty of Quarter 
 Masters of Regiments to cause all the Company returns 
 to be consolidate(l, to be signed by the Commanding 
 Officer of the Regiment, and countersigned by the Com- 
 manding Officer of ■ '.f post, who will give a voucher for 
 those returns in a " n.outhly abstract." We are collect- 
 ing the Army at one point, and we are about entering the 
 enemy's country ;— subaltern Officers may be taken pris- 
 oners or be killed, before an abstract can be had. In 
 fact, it would be impossible to issue on those multiplied 
 returns, some without order or date. And it becomes 
 indispensable that an order should proceed from the War 
 Oflice to the Inspector General or the Commander in 
 Chief on this subject, that will be permanent and apply to 
 the cases that daily occur. 
 
 What supplies are required at Buffidoe and Niagara ? 
 li Porter leaves any provisions on hand on the \st of 
 June, is an inventory to be taken, and are they to be. 
 issued by the new Contractor f The first of June will 
 soon be at our heels, and this requires attention. 
 With sentiments, &c. &c. 
 
 ELBERT ANDERSON, Jr. 
 
 Hon. John Armstrong, 
 
 Secretary of War. 
 
 By a letter from General Lewis, of the 28th inst. 
 I learn, that all the flour purchased by order of Ceneral 
 Smith last fall on the Niagara, is yet there and untouch- 
 ed. You may avail yourself of this and do it promptly. 
 I know not how much Mr. Porter may have on hand 
 now, and as little do I know what he 'may be able to 
 
-it) 
 
 \vi\\i) ill store when hi.s contract will end. If thiiisfs ijtt 
 jis I liojxr and have reason to boliovo tliey will, large do- 
 niaiids upon you will soon ho nuido at and about fc^ackott's 
 llarhor. 'I'lio Uli licginiont is on its inarcli from Mas- 
 wachnstjtts, about (iiO strong, and Major i)ix will bot out 
 from iJaltimort) with a battalion of the 1 1th in a few days. 
 Another battalion, uncU^r Major Case, will leave Phiia- 
 del[)hia in a week or ten days, and a third under Lieuten- 
 ant-Coh>n(3l Preston, iri, perhaps, now at Sunsberry, 
 (Pennsylvania.) When all the threads are asaembled 
 the ball u ill be a large one. 
 
 The Campaign has opened auspiciously, 
 four's, respectfully, 
 
 J. AUMSTPiONG. 
 12th May, 18Ui, War VqmrtmcuL 
 Eldert Anderson, Esq. — N. York. 
 
 SIR, 
 
 New- York, 3Iay\\, 1813. 
 
 I this day enclose Mr. Simmons my accoujit for 
 current issues for the month of March, amounting to— 
 ^(jl. 774,59 6. 
 
 In my letter of the fith of April, I had the honor to es- 
 timate the issue of this month at only $38,000 lollars, and 
 drew accordingly, indicating the issues of April and May 
 on the same ratio. 1 shall be justified in drawing for 
 one hundred and twenty thousand dollars, but I shall for 
 the {)resent draw for the month of April only. 
 
 I have many mouths to feed, and the abstract for depo- 
 sit you re(iuired, as well as the remainder on Lake 
 Champlain, will soon be completed. All I ask, is a 
 prompt settlement of my accounts, by the Accountant's 
 department. Surely Mr. Simmons does not wish to be 
 reminded that, " no officer of the United States shall im- 
 pede the settlement of the Contractor's accounts." 
 I am, sir, &c. &/C. 
 
 EL15ERT ANDERSON, JUN. 
 
 Hon. John Armstrong, Secretary of War. 
 Wasiiington, D. C 
 
 W 
 
 '\ 
 
Sir— 
 
 44 
 
 New- York, May 18, 1813. 
 
 iliXTRACT, 
 
 Your favor of tlic 12tli is received. I feel m-ont 
 pleasure in congratulating you en the favorable com- 
 mencement of^he campaign. The war will soon term - 
 nateon Lake Ontar o. Since my letter to you of tl.elTh 
 Lewis '" '" ' communication from Maj. Gen 
 
 With respect, &c. 
 Hon. John A.™stro„. ''^^^^^ ANDERSON. 
 
 «;,. I. - , . New-York, June 5, -[Z-i% 
 
 ibou loo rjnn"' •■,'«'«"V" ^"'''""« «' !''■'"«='' Milk, 
 about 300 to 400 per day. It is impossible to procure 
 
 supplies ,n Frauklm County, and Gen. Dearborn exnres! 
 sed a wtsl, they should . ome to Plattsburg and receive ra- 
 tions from the public stores. ici-fc've ra 
 
 Would not the public interest be promoted byorderin<r 
 the Indian agent, Gen. Moore, to cause the Ind ans t! 
 
 nfZ r^Tr ^'""' '^^ P"''"« ^•"'•^^ «n Lake Cham- 
 plain, or, shall I continue to make current issues of ra- 
 tions to hose Indians on the signature of the Officer 
 commanding at French Mills. 
 
 I am sir, &c. 
 
 Hon. John Armstrong. ^"^^^^^ ANDERSON, Jh. 
 
 1ho^^^^T^'^'^'f"^^'''^'^^°"^^'""^^ at a sacrifice to 
 he contractor, although not *' authorised by the con- 
 iract. 
 
 Tn *!.« n ^^l""'^ Q^'aricrs, Niagara, June 26tk, 1313. 
 1 o the Contractor or Agents, 
 
 feiR — You will ivifhniit /loln^r ♦«K^ _ir_-^-,_i 
 
 su.es foi having a supply of Pork and other articles now 
 
15 
 
 ^n hand nfico..ury to complete tho rations transportea 
 iVurri tho nearest deposit to tins place by land. 
 
 II. DEARBORN, 
 
 Colonel Elisha Jenkins, , \ 
 
 a M. G. Dth Military Dintrict. ) ,, * i 
 
 '^' Sir^-You will be pleased to pay Mr. Anderson, 
 
 the contractor, tor the transportation of t»\;; F---;;^^;; 
 
 rected by the within order, on the production ot the pi op 
 
 er vouchers fur the same. 
 
 ROB'T SWARTWOUT. 
 
 Upper Canada, Fort George, July 15, 1813. 
 "Mai. Gen.H. Dearborn, 
 
 Or Officer commanding 
 
 N'uiffara Frontier, 
 S,R_On the 3d inst. whilst at Albany, 1 had the 
 hnnnr to reccive a copy of your order of the 26th ult. 
 Tsm ttedto me by ifj agL Mr. Thorne ; although it 
 was not legal to call on the present contractor to fill the 
 rSfo/i^ar^. of rations left in deposit by Mr. Por- 
 tT^vhen his contract particularly spec fies, that deposits 
 are to be made at fortified places and military posts tor an 
 Army, there to be stationed for three months in due pro- 
 poUon of all articles composing the rat^ion. Yet "^^^^^^^^^ 
 the impression that the Government will maki^ suit cd^h 
 and equivalent arrangements for those sacnjices ha 
 are and must be made, 1 have lost no time in the prompt 
 pxpcution of that order. « , 
 
 Myagent, Mr. Thorne, left Fort George on the 2nh 
 ult. and'on the 3.1 of July, every team that eoul.l be procu- 
 red was puth, requisition to conrey the provision to I oi 
 
 r, <•..,,. r:„.,o,™ Snilua mid Cayuaa, a distance ol 
 
 100 milci^, over almost an impassable road. 1 likewise 
 
 tymniriiiiii 111, . 
 
AO 
 
 ordorod three hontf? to ]on<] nl O 
 •'i^n n vvitli vvliiskcy, j,„r!^. 
 
 I\' 
 
 swr 
 
 £f(i and j>rocccd to 
 
 <o',\\) ;mi(1 vin(!ir.|,..* 
 
 mnko. I shall „„|y ,,sk ,„ ,,,,„, ,i„. ,|,.,„,,i, j, ,.,.;,,,i,.f, | '^ 
 
 Ml l„. oo,„,„.||c.,l fo .on.l lh,„, il,,. „ I ' f V, 
 
 River, Gnrun,l,.^r,„, I>„„|„„, ,, i,|„ s , ' o "'''"'' 
 an.1 r am compelle.l lo call on v, , I'o I ' i! r,l "'''rr ' 
 ^.a,.s a„.l ,..a,„. (i.. .iKMnn.sil::;!;- w^ Z't'." 
 
 CC.1 ,n ,(,.pos„s, a,s it ap,„..ars .liliicul. ,o pro. o . • nc 
 cc.s.,ry coavoyanco by private co„t,actl J tl,at p":. 
 
 I likowiso nnilrrstan.l timt an or.lor l,as I.Pon is.,,.,! 
 for I he pM,rl,a«. oC 200,000 n„ion» «i(l,in my Z He ? f 
 ^"Pl'ly.* r must hos leave respectfully t. v , n, i 
 am protest a.^aiast this (.rocllu-o, as U., li ,' to h u c 
 «n,l jroparflize n.y pr,.se„t nn.l future arran-'^^ne , s ,r 
 tl^ ,lue executioa of my c.atract ; as not l.ein^ ~n.e I 
 by any fa,l,u-e of special terms of that eoatract at nil, ?l 
 ins to <lostroy,l,at confalence so neces y i " 1" . ^"^ " 
 an,l finally ,o enhance the valu,. „f all ,|,c ,uticl "^com ' 
 mnrr 1„. rations, l.y placing the p,ncl,ase," ,, 1^3 ^X: 
 ofe^c/wrhtaut and ararieim,, Lh/n:, rrc"ti rV'Zt 
 Mivn so unequal, l.y giving one pa,-,y , n.li a ,e,l!,ow7f: 
 purchase at any price, ,vl,ilst tJ,e'o,h,.r is , ,Cst' rilv It 
 iricte,! I.y Ins ontract ; an<l lastly, |,y a'l ,'^ to I, L^ffl 
 
 .,.J,I"'"^ J?,"*'''","''''^'' "'°^'' ■•nnsons, and on reconsid 
 r.aoon ot this subject, recall your oners which^Tin 
 
 scat Lit}, ot the articles most wanted. 
 
 I Jiave, &c. 
 
 ELBERT ANDERSON. 
 
 \ TJic.*e were to fill the deficiency of Porter'. drnn^^If 
 and Ins IS the hotter of notice and protest Sd 3' f 
 yot the thn-d auditor says the contractor dd no 1 e^f 
 I Jie order was recalled. ^lanui object — 
 
47 
 
 Fort George, Jalij 16,181 o. 
 
 Gen. Boyd, 
 
 Coiuiiiiindinu- Ninfffira FrontliT, 
 
 {<ii- — I v('st(»r(lay iindcMstodd tlr^t Grn. Doar- 
 l)()rii had n'sionod llio nominnnd oftlio Army on thin 
 (Vontiorto you — \ have? tlicrctoro the honor to onf/losf an 
 official coniiminictition on ll>o yuhjoct ofsupplics, n!(|nirrd 
 lor your army. An oarly answer as to tiie r.um!)er oftho 
 rations required to be deposited tor this ju»sf, will ho 
 thankCully received. As the pork ordered over land must 
 necessarily be a lonir time in its transportation, 1 would 
 suiiirest a recjuiNition on the principal biKeher, throu<^di 
 m(i,Tor beeves on the foot e(iual to twenty or thirty days 
 in advance. 
 
 Ihave, <&rc. 
 
 ELliERT ANDERSON, Jr. 
 
 
 BiR, 
 
 All»any, Sept. 3, 1813. 
 
 I h. ye the honor to draw on you vmi\ox date of 
 September 1, 1813, for one hundred and eight thousand 
 dollars, in favor of Isaiah Townsend, l^sq. This draft 
 is predicated on the actual issue of .hme and .lidy, and the 
 presumed issue of Auiiust — the tal)le enclosed will show 
 the datn. I should have sent on the abstract as herein 
 stated for .Tune and .Inly, but expect they would be more 
 acceptable to the Accountant of the War Department to 
 embrace the w-hole quarter. l>y the issue of the preced- 
 ing quarter, it will be seen what will be required for the 
 quiirter commencing 1st September, independent of any 
 deposit that is, or may be orde'-ed — being for the regular 
 force, ^^2.56,601 17, w'hich sum 1 shall draw for at some 
 future period. In addition to that fund, I am ordered to 
 supply 1,500 Militia at Ningara, and 2,UUU at Sackeft's 
 Harbor, which are ordered out for 90 days service, whi(di 
 will require a fund of ^^55,125 0. I hr ve drawn for fifiy 
 thousand dollars to meet that expenditure, in favor of.?. VV. 
 Yates, Esq. Cashier, at sight, dated 3d inst. which will be 
 
^ . 
 
 48 
 chnrirod on iiccount of issiios rcniiirnrJ i)^ ,vir.- .. I 
 
 Hon. JoI.„ An„.,ron,, ec-'v/vvT™^*'''' •'^^• 
 
 V 
 
 I um, sir, your obedient servant, 
 Mr. T],ornc-Contracto^. ''• ^^^MSTRONG. 
 
 SackeWs Harbor, Sept. 30, 1813. 
 
 ! 
 
 <S4IR Albany, Nov. 15tli, 1813. 
 
 jv. bo eo„.sun.e,l by regular i.4ue by 15tl Jammrv 18 ' 
 t becomes necessary to look for otller resources h/tJui 
 10 meet tlie < emmiils of llie .-mnv 'ri,„ ♦ • 
 
 «lH)..nen|s, Inst ,o St. Joln.'s, tl,«a 18 milc^ by " d to 1 ? 
 
 p™ne tl.on „ga,n 9 n.iles to Montreal ; wwii'by'uil: 
 
 i. , 1 ,"""' ■"-' >=»"^<'y"l direct to Montreal vvitMess 
 
 •ear l;;;,M'Tr ";;"'«^""- *" S-^-l --asons of tC 
 Jtui. I «„„1 I , ,er...tore sua-i,est tiiat the Hon. Secreta 
 
 y '> V. m- authorize the public «tore keepers to receimto 
 d ;.i .rr;,*'"^''f '•""■■ '""'Village, and itSaekt. fs 
 
 J I lu 
 
 f'Oivii liic nvor to equal udr 
 
 I 1 
 
 uiitaf''o ys 
 
 ttihsporiiuiuii iri eneciL'd 
 iron: tjie JI;irbour, 
 
iitid 
 
 4«> 
 
 Thn rations tobolnid up for deposit shoulfl ho in sncli pro- 
 portion m to nu!et tlm cxcoHsofnuuit, Slc. on Lnko Chuni- 
 plain, which onglit to be as two of flour nnd licjuor to one of 
 meat. A «rnall 8upj)ly of flour couhl he had on tiic^ shores 
 of Lake Chaniphiin, but not in time to be removed bcjfore 
 next Spring — all of which is respectfully submitted by 
 
 Your ob't servant, 
 
 E. ANDERSON. 
 Hon. John Armstrong, Sec'ry War. 
 
 p.S. — The consumption of the deposit ia estimated from 
 15tii of this montii at Montreal at the ratio of 12,000 men. 
 
 [Note — This letter was written when Hampton had the 
 Commissariat m his own hands, and Gen. Wilkinson was 
 descendinfiT the St. Lawrence, and had to call on him im- 
 mediately on his airival at the French Mills for bread- 
 fltufls.] 
 
 Sir— 
 
 The supplies for the use of the posts on Lake 
 Ontario, will be deposited at the Moiithof Geiicssce. Sali- 
 na, Falltown, on the Oswego, and for the Troops further 
 to the east at Vergennes, or other secure points towards 
 or at the head of Lake Champlain. The quantities at 
 these points g^hall be indicated as early as possible. 
 Your's respectfully, 
 
 JOHN ARMSTRONG. 
 Elbert Anderson, Esq. 
 
 Nov. 16, 1813, War Department 
 
 ^ 
 
 Sir 
 lowin 
 
 on 
 
 War Department, Dec. 2d, 1813. 
 
 You will make deposits of provisions at the fol- 
 places ; — Whitehall, Vergennes and Plattsburg, 
 Lake Champlain — and at Sackctt's Harbor, Falls of 
 
'& S3 
 
 50 
 
 jte advanced po«„, to twelv; thoujaml o" Ir'''l,'.''''' 
 bc<,„ s,v..„ to collect at Platt.bur.. a) the nroj ion, ^^ 
 iiMleposrt at other points on Like f't ,,""*'' 
 tl.e.e yo„ will i».ue 4reeabir.o the ordc T< v'' '.'''"" 
 born oCthe 4th oC April, l»13 •"""-"'^""' ^<^"- JJ^"- 
 
 made, 'ho QnartSL ^Ge ;c:^ar',^ir'l'''' T'^ 
 to iaeilitate transportation and ^ca^es in u?' T'^"'' 
 
 tnu.port,to,oave^hetne,n.e,i■oVcrbr;:S^ 
 ccl. I am, sir, ixv^poctfuljy. &c. 
 
 |4 
 
 n 
 
 c 
 
 <] 
 
 c 
 
 € 
 
 SIR, 
 
 Head Quarters, Malone, Dec, 20, 18 J 3 
 (Extract.) 
 
 state ontos!''''K^';h!!^°"'",""'^"['r '° "'« f«"°wing 
 ;..;;',' '""' "*/',"' ''"'naged flour remaining on hand 
 
 brL'ri. r;;!rtTnorted t^''""fY,"*'t '•'«'="«• 
 
 ouiliti, nf „.t' • "Porteuto be at 1 lattsburg, tlie 
 qua.ity of wliich is unascertained. Here then sir vn,. 
 I;«ve the whole stock of flour nn,l i^.^JlT'}',''"' ^"" 
 
 n.-v. 1 ,. . — "•' ''^'A" vjii xiunu lur 1(311 
 
 fct. Lawrence 
 
 ^^wusaiid iiicii, foniiiiicr a CordgiUbal the 
 
 .'I 
 
51 
 
 10 Lake Champlain, wWch without a speedy supply^^^^^^^^^ 
 may be compelled to abandon, or tlie mo.t tatal conse 
 quences must necessarily arise. 
 ^ You inform me that your prospects on the sid^^^^^^^ 
 Champlain are almost hopeless, but that you l^ave^^^^e 
 ouarter of Utica flattering prospects oi a pr^n^P^J^"^ 
 2omnetent supply. Let me then entreat ot you sir, to 
 3y eve y exJrtion, and strain every nerve to accom- 
 Xl these expectations, and relieve the troops as speed- 
 Flv Uoossib le. To accelerate your operations, the 
 t a^Kterbeneral has order, to co-operate w^^^^^^^^^^^ 
 by every means in his power ; and I "^^^^^ hope that^^^^ 
 joint efforts may avert consequences that I tremble at 
 
 the thought of. JAMES WILKINSON. 
 
 James Thome, Esq. co-partner and agent of Elbert 
 
 Anderson, Esq. Army Contractor. 
 
 (Extracts.) 
 
 Plattshurgh, Sept. 18, 1813. 
 
 ^'''~ If vou will be so good as to state in writing your 
 inten^ion 'asverbally staled to clay, to supply and i^^^^^^ 
 «11 raiions required for subsistence for the 1 roops ot the 
 V stateTand Militia on this station, independent of my 
 LrucTons o^^^^^ it will confirm that high opinioa 
 
 iTave Tyou candor and frankness, and which you per- 
 Ss Matter so deeply interesting to me --^l^^^; 
 tial in the future claims I may have on the Government, 
 
 With respect I am, &c. 
 
 ^ ELBERT ANDERSON. 
 
 Mfli Gen. Wade Hampton, . 
 
 landing the Army on Lake Champlam. 
 
 Head Qtiarters, Cumberland-Head, Sept. 19, 1813. 
 
 ^"~ I am this moment favored with your letter of yes- 
 
 tP'dav'8 date- It is my intention to maKe no ui>- 
 
 «5on you a. contractor, until the public .uppheswUh 
 
 1 I '* 
 
 f 
 
 ..MliiKlliI JO^'m 
 
. 52 
 
 which you '-nve nothing to do, and for the imie of which 
 my arran^roments have been made, before 1 knew vni, 
 ^::S^:'' -"— = andWti/n'ot'pTbible 
 
 I have the honor to be, &,c. 
 Elbert Anderson, Esq. ^^ ^^MPTON. 
 
 \% ■ X' 
 
 , % disappointment is not to be roo-rettpa ' fm' .♦! 
 18 a crisis in the campaign which o'u.J In '- '^J"''''^^'^'^ 
 
 tlie public. ^ ^n^f^pendent of any inconvenience to 
 
 e^u.on of ti. .„5, ta.e„t"l ^^^:7r:^ '^^ 
 
 With sentiments of great respect, I am &,c 
 Hon. John Armstrong, Sec'ry™""^^ ANDERSON. 
 
 gir Plattsburgh, Nov. 18th, 1813. 
 
 1 am directed by the Commnndinff General W TT 
 ton, to give notice to any arront of Mr An f^^P" 
 
 Contractor, that, as theimy ave tatif w^^^^^^^ "^^'"^ 
 the duties of the C(,ntracior in r.lnf- ! ^^^''l"''**^^*'-^* 
 the A.my, will ^LZon^.^^^^^^^^^ 
 himself accordii) criy. ' ^"^ '' *^^ P^^'^«« govern . 
 
 Most respectfully, 
 
 JAMES THOMAS. 
 
 James Thorne, Agent &c. '''*'^ ^''' ^^"'^'^ ^^''- 
 
53 
 
 PlattsburgK Nov. 18, 1813* 
 
 ^"~ I am directed by Major General W Hampton to 
 
 "outract with the uf States for l u« purpose. 
 
 Mo.cre»pccti«.ly^^^ THOMAS. ' 
 Col and Qr. Master Gen. 
 Elbert Anderson, Esq. New-York. 
 
 iVctc-Tor^, -ZVb^-27, 1813. 
 ^'''"" In the absence of the Hon. Secretary of War, I 
 
 nntulpiice with Gen. W. Hampton. 
 ^ I have forebore to urge the force of my claims, and the 
 iniurv I would sustain by the refractory disposition of 
 'S.^4. Hampton, because I did not wish to «nar t lie 
 oneration of Government at so momentous a period in the 
 cSan- those reasons are now at an end, and if I am 
 toXime my duties, this is the moment for the President 
 of IheU. slates to give instructions through the proper 
 
 ^'Tbe "leave through yon, sir, to assure tfie President 
 nf the senthnents of respect in which I hold his charac- 
 ter and Si always be happy to obey his commands. 
 
 I v^uWui sir vour ob t. servant, 
 
 I lundia, su, y^j;,^^j^j^,^, ANDERSON. 
 
 Daniel Parker, Esq. 
 
 Plattshurg, Dec. 22, 1813. ^ 
 
 ^^^' I have 1 een informed that the Accountant of the 
 
 War Department has prepared a btatement o my ac- 
 
 ■^!!.^Z .hTln«t Contract, and that the principal pomt 
 
 Cuuuta xv.-r ."- ; -; ,, *V.ootu nn^ OackageS 
 
 Permit 
 
 decision 
 for provision 
 
 allowance of casks 
 that has been placed in depos 
 
 
54 
 
 , 'f> m 
 
 jne, sir, to state to you, that this claim is so clear and 
 just, and 8o well established by former precedent, that I 
 am persuaded you will not hesitate a moment in allows 
 ing the charges. The first issue I ever made under my 
 first contract in 1809, was for troops on the move for N. 
 Orleans ; Dr. Eustis decided that the casks and packa- 
 ges did not constitute any part of my contract, and that 
 they must be paid for. In truth, sir, any Corps or De- 
 tachment on the march that draws for rations, and re* 
 quires casks or packages, they have been allowed on be- 
 ing endorsed on the back of the abstract, or a separate 
 receipt. Our contract is for rations, and when deposits 
 are r^^quired, the casks are furnifc;hed for the convenience 
 of -jovernment to preserve the provisions. Exclusive of 
 these considerations, we have furnished deposits of four 
 and sa/t meat, when our contract says the option of 
 bread for five days in seven, shall be with the contractor, 
 and fresh beef to be issued in due proportion, or conform- 
 able to regulations of the Commander in Chief. 
 
 You must be aware, sir, that the contract of lost year 
 was fulfilled with great hazard and the most indefatiga- 
 ble exertion on the part of the contractors, who had been 
 called upon to make deposits — when they had to contend 
 with the difficulties of a scanty crop— the exorbitantly: 
 hii^h price of all the articles of supply, flour especially, 
 wliichwas 12 dollars per barrel, when our contract-price 
 was only seven dollars, 34-100, including the barrels ; 
 and these difiiculties were increased by the liberality of 
 our Government allowing the Contiactors for the Army 
 of Spain ami Portugal to be competitors in our market. 
 
 The Honorable fc:*ecretary knows 1 feel great solicitude 
 in having my accounts speedily closed, and in doing jus- 
 tice to nic he will have due regard to my claim and the na- 
 tional inie;est. Yours, &c. E. ANDERSON. 
 hon. John ArniKHong, Sec'ry of War. 
 
 
 CTT? 
 
 Platfsburgh, January 11, 1814. 
 
 The public service imperiously demands that at 
 least ninety days' sound and wholesome rations, aaily 
 
* 55 
 
 issues for 6000 men should be deposited at the French 
 Mills, also at Chateaugay-Four-Corners for 2000 men, 
 daily issues, and in like manner at this place four thous- 
 and rations, daily issues. No circumstance which it may 
 be practicable to avert, should obstruct the most prompt 
 execution of this requisition, which ought to be carried 
 into complete effect by the 2d of next month. 
 
 To prevent the effects of the enterprize of the enemy/ 
 which we ought to look for, the sleighs or waggons em- 
 ployed by you in the transport, should march in consid- 
 erable numbers, and on application to the Commanding 
 Officer, he is directed to furnish the necessary escorts to 
 Chateaugay. With consideration and respect, I have 
 
 the honor to be your ob't serv't, 
 
 ^® ^ JAMES WILKINSON. 
 
 Elbert Anderson, Esq. Contractor for Army supplies. 
 
 
 Head Quarters, Batatia, Jan. 2^, 1814. 
 
 The Contractor 
 
 Will deposit without delay provisions 
 for the troops in the United Stc.tes service, at the following 
 places, viz : at Williamsville, 1 75,000 rations 
 
 ^ ' Batavia, 225,000 " 
 
 Warrens Ridge-road, 100,000 *' 
 Your's, 
 
 A.HALL. 
 Maj. Gen. of Niagara Frontier. 
 
 Memorandum.— I shall require Maj. Allen, Contrac- 
 tor's agent, to deposit at Batavia 50,000 complete rations 
 of provision, and in like manner to deposit at Canandai- 
 gua 150,000 rations, these deposits will be made as a sort 
 ef reserve. W.SCOTT. 
 
 ' Col. of 2d Regiinent of Artillery. 
 
 n 
 
 
 glR,— The movement of the troops requires that you 
 should take up and t;ausport all the provision and storei 
 
«t this post, Malone, nnd Vl , 
 
 1 i'e bread at Qmreau,' I v ' ''""^ '»«"es. '' 
 
 "Old w destroyed. w2^"^' ' . """'iewned, sJionlH K 
 ««. «;<-, j.o«r«/ "'"'' «"««ideration and' ^X,, | 
 
 J- TWne, E.q. Contractor'/lSt^ WILKINSON,' 
 
 (Extract.) 
 
 Sir— 
 
 ^'■"'■^'"•'^.^^S. 8, 1814 
 stress Gen. Wi?ki„ ', ^""^ f"""-- Corners T^'^ P*""' 
 
 Genera) Hall fo'ejasj"^^"- you cop/es otCl-r^f 
 
 ^ itii groat respect, ^^^eriiirient. 
 
 i am your's, &c. 
 Won. John Armstrong, Secret^^J^,^^ J/^^^^^ 
 
57 
 
 Extract from a letter to James Ma (ft son, late Presu 
 dent, dated Westchester, 12th Oct. 1323. 
 
 *' I now take the liberty to send you inclosed copies 
 " of letters which were the subjects of confidential con- 
 " ference at the period they were written,* and likewise 
 " a late letter from the former head of the War Depart- 
 *' ment. Can I flatter myself with any expression of 
 " your views of my past services, such as one citizen may 
 *' render to another in his best recollection of past e- 
 " vents." I am, &c. 
 
 ELBERT ANDERSON, 
 
 c r^ , ^ , o , IaixXq Contractor. 
 
 * Dated 2d 8^ 6th Jan. 1813. 
 
 SIR, 
 
 Montpelier, Oct. 22, 1823. 
 
 The attention of the Executive of the U. States 
 bemg divided among the several Departments, he cannot 
 be supposed as particularly acquainted with the transac- 
 tions under each, as the respective heads of them. What 
 I can say with truth and pleasure in your case is, that ev- 
 ery thing I recollect to have known of your agency in 
 supplying the army during the late war was favorable to 
 the abihty and zeal with which the trust was executed. 
 With friendly respects, 
 
 FiK . A ^ 1. ^^^^^^ MADISON. 
 
 liiibert Anderson, Esq. 
 
 DEAR SIR, R'^dHook,AuguHX%n^. 
 
 I received your letter of the 4th instant a day or 
 two ago ; 1 am, as you well know, no great panegyrist of 
 either dead or living public functionaries ; but this fact 
 notwithstanding, it by no means follows, that I should 
 have any hesitation in speaking favorably of them, or of 
 their conduct, when the latter shall have been such as, 
 in my opinion, entitled them to nraisp. On thJa o.««o,.oi 
 principle, and under the best recollections I have of the 
 manner in which you disciiarged your duty as an Army 
 
 mdm 
 
 .^ M 
 
/ 
 
 58 
 
 I 
 
 Contractor, I havo no scruple in saying, that it was both 
 able and honest, fulfilling as far as was perhaps post- it)le 
 underthe circumstances of the times, the injunctions of the 
 law, and the objects and expectations of the Government, 
 and, on some occasions, showing a disposition to promote 
 the success of pending military operations by doing rather 
 more, than less, than was prescribed by the letter of your 
 contract. 
 
 It was the joint effect of this disinterestedness and of 
 the opinion entertained of your general capacity for bu.>i- 
 ncss, that induced me, with the approbation of the Presi- 
 dent, to sound you on the subject of su[)plying the Army 
 by a Commissariat, instead of contracts, and virtually to 
 offer to you the direction of a department of that descrip- 
 tion. This fact is perhaps the best illustration I could 
 give of the consideration in which you were held by the 
 Executive of that day, and which takes a new force from 
 the circumstance, that when the offer was declined by 
 you, it was not made to any other person. 
 
 I am, dear sir, respectfully your obedient humble ser- 
 vant, JOHN ARMfcJTROJNG. 
 Elbert Anderson, Esq. 
 
 IVasfdngton City, IVovemhcr SO, 1823. 
 Dear Sir — It is but justice to give you credit for the 
 f)art which you bore in the late war with Great Britain, 
 when you not only exerted yourself to sustain the admin- 
 istration by all the means in your power, but likewise ef- 
 ficiently combatted opinions which were hostile to the 
 interests and liberties of the people. To your exertions 
 in the Commissariat, the army, serving on the northern 
 and southern frontiers of the State of New- York, was pe- 
 culiarly indebted, and has acknowledged with gratitude 
 your prompt and sufiicient supply of those articles of sub- 
 sistence essential to their well being, at a time it was dif- 
 ficult to supply the troops with necessaries of any descrip- 
 tion. That the administration was satisfied with your 
 conduct in the important and arduous duties which you 
 had undertaken, is well known, and as far as your opera- 
 
5$> 
 
 lions have come under my observation, T hnve hnd every 
 reason to l)o pcrlnctly sutistied not only with your zeal, 
 activity and syHtem, but with the liberality and perfect 
 tairnoss of your dealings, to say nothing of the gratuitous 
 supplies of vegetables to the Hospitals for the use of the 
 sick and wounded. 
 
 With ser*"ments of respect and esteem, 
 I remain, dear sir, 
 
 Your most ob't. servant, 
 
 ALEX. M'COMB, Maj. Gen. 
 Elbert Anderson, Esq. 
 
 Bloomficldy Ontario Co, N, Y. Oct. 27, 1823. 
 Elbert Anderson, Esq. 
 
 Sir — By your request I have examined and compa- 
 red the vouchers, orders, &c. which took place and oc- 
 eurrcd on the Niagara frontier, in the winter of 1813 and 
 1814, between you as Army Contractor, by your agent 
 Nathaniel Allen, Esq. and myself as commanding officer 
 on that station. At the time I assumed the command, the 
 frontier had in part been laid waste by the enemy, viz : 
 from Fort Niagara to the Falls — and all the public pro- 
 visions, stores, &c. in that quarter had been destroyed. 
 And on the 30th of December 1813, the remaining part 
 of the Frontier, to wit : BuiFuloe and Black-Rock, togeth- 
 er with all the supplies for the Army, were likewise de- 
 stroyed. 
 
 Thus situated, I called on your agent. Major Allien, 
 for immediate supplies, which he furnished with promp- 
 titude, without availing himself of the thirty days notice, 
 as I understand w^as allowed by the contract — and no 
 doubt those supplies were furnished in most instances at 
 a much greater expense than they would have been, had 
 the usual time been taken to have completed tlie several 
 requisitions, viz : the 1st bearing date the 24th Decem- 
 ber 1813, and directing ten thousand rations to be deliv- 
 \:icu Hi uupuHit liuur xjuvvjkiuii. — iiu, liiu Oil oi January 
 1814, directing thirty thousand meat rations to be fur- 
 nished at Williamsville. — 3d, the 9th of January 1814, 
 
 H 
 
 Ml 
 
 Mm 
 
>»ii$imimm'mmm 
 
 U ' 
 
 eb 
 
 
 rii 
 
 
 I 
 
 
 #nthe Public f^tore-kceper at Hand ford's Landing. — Alb 
 the lUth of January 1814, for one hundred thousand 
 complete rations, to be deposited at Williamsville. — 5th^ 
 dated 20th of January 1814, for viz : 
 
 175,000 complete rations at Williamsville. 
 
 225,000 do do » Batavia. 
 
 100,000 do do " Warren's on Ridge-road* 
 
 And I am well satisfied that the greater part of the sup- 
 plies, furnished to fulfill the above requisitions, were ta^ 
 ken from the place or places where the purchases were 
 severally made, and transported directly to the severtU 
 deposits pointed out by my orders. And I may further 
 add that the places of deposit* were in some instances 
 entirely out of the direction of the posts to which my 
 orders directed the supplies to be carried, and consequent- 
 ly the transportation of them to the original places of 
 deposit at the time, would have been attended with seri^ 
 ©u« inconvenience to the United States. 
 1 am, sir, most respectfully, 
 
 Your obedient humble servant, 
 
 AMOS HALL, 
 Late 3Iajor Gen,, 
 
 * Places of original deposits, hy order of the secreta' 
 Ty of ^ar was, Fail-town, Gmnessee river* IFage 1€ 
 fiaimfor transj^ortation* 
 
 
)U8and 
 — 5th^ 
 
 «] 
 
 I 
 
 ;-roacl4 
 Hi sup- 
 ere ta- 
 were 
 ^evertU 
 further 
 itances 
 ih nij 
 quent- 
 ces of 
 h seri^ 
 
 i 
 
 I, 
 
 r Gen,, 
 
 ecreta- 
 age 16 
 
 I 
 
 CONTRACTS, DOCUMENTS, &c. 
 
 ARTICLES OF AGREEMENT made on the 7th 
 day of November, Anno Domini one tliousand eight hun- 
 dred and eleven, between William Eustis, Secretary for 
 the Department of War of the United States of Ameri- 
 ca, of the one part, and Elbert Anderson, Junior, of the- 
 city of New- York, of the other part. 
 
 This Agreement Witnesseth, That the said Wdliara 
 Eustis for and on behalf of the United States of Ameri» 
 ca, and .lie said F" ert Anderson, Jun. his heirs, execu- 
 tors and adminis.-ators, 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 Elbert Anderson, Jun. his heirs, 
 executors or administrators, shall supply and issue all 
 the rations, to consist of the articles hereinafter specifi- 
 ed, that shall be required of him or them for the use of 
 the United States, at all and every place or places wherQ 
 troops are or may be stationed, marched or recruited 
 within the limits of the State of New-York (Niagara and 
 its dependencies excepted) and the State of New-Jer- 
 sey, thirty days notice being given of the post or place 
 where rations may be wanted, or the number of troop* 
 to be furnished on their march, from the first di " 
 June, eighteen hundred and twelve, until the thirty 
 
 of 
 
 -'•Miniiiiiii III 
 
' 'l' 
 
 ■aatcssaSB??" 
 
 clay of Mr>y, cicrhtocn liundnMl and thirteen, nt the iul- 
 louing pricoM; that in to wny, at nny phico uhcMr nilion* 
 ehall 1)0 i.NNUod witliin the city and liarhor of New-York 
 
 lor tliirtfM'n cents li 
 
 iv(; nnii.s jx^r ration, vvnnin all other 
 parts of th(; State of New York at fourteen oentM per ra- 
 tion, and within the State; of New-Jers<'y for fifteen cent* 
 iive mills per ration. Where the price of tlic ration is 
 thirteen cents five mills, the component parts thereof 
 fihall he, for meat five cents, brei.d or flour four cents, 
 liquor three cents five mills, small parts one; cent. Where 
 tlie price of the ration is fourteen cents the component 
 partslhereof shall be for meat five ccjnts fivt; mills, Hour 
 or bread four cents, liquor three cents five mills, small 
 parts one cinil. Wh(;re the ])rice of the ration is fifteen 
 cents five mills, the component parts shall be, for meat 
 8ix cents, flour or bread fiv(^ cents fivt? mills, licpior three' 
 cents, Rmall parts one cent. Thv prices of the conq on- 
 eiit f)art8 of the small parts of the ration shall be ei«?litcen 
 cents per pound for candles, twelve cents five mills per 
 pcumd for soap, four cents Wva mills per cjuart for vine- 
 gar, and two cents five mills per qujut for salt. 
 
 Second. That the ration to be furnished and deliver- 
 ed by virtue of this contract, shall consist of thc^ fi)ll(»w- 
 ing articles, viz : One pound and a quarter of beef, or 
 three quarters of a pound of pork, ei<»ht(H'n ounces of 
 bread or fiour, one gill of rum, whiskey or brandy, and at 
 the rate of two quarts of salt, four quarts of vinegar, four 
 pounds of 8oa]), and one pound and an half of candles, 
 to every one hundred rations. 
 
 It is understood, that it shall be in the o})tion of the 
 general or officer conmianding an army or a great mili- 
 tary district, in all cases not otherwise provided for by 
 this contract, to direct when and how often fresh or salt- 
 ed meat shall be issued by general orders, to be promul- 
 gated a reasonable time before the isssue is to commence ; 
 that in all cases where salted provisions are issued, the 
 article of salt shall not be recjuired ; that the contractor 
 shall always issue fiour two days in every week, and the 
 option of bread or Hour for the remainder ofthcweekbc 
 with the contractor. 
 
Third . Tbnt RupfOioH Hlmll ho fiirnislird by the said 
 FJlMit AiuKi.soii, Jim. iiJH ln.'iiw, (jx('(ut«>rH or ndrninis- 
 tnilor.s, lit the forlilicMl placoH mu\ military powtM, lliatara 
 or inny ho rntablishrd in iIk; Slates of Now-York and 
 N(!\v-J(rsf!y aforfiHaid upon the rcriuiwitioii of the com- 
 nii'iidantortli* arrijy or a post, in siicli (juantitios a»HhaIl 
 not excci'd wliat is hiillicicnt for the troo]>s to bo there 
 jstntioned, for the space of tliree months in advance, in 
 jrood and whoh;soine provisions, ronsistin«jf of due pro- 
 portions of all the articles fonnin«rthe ration. And liio 
 taid KllitMt Anderson, Junior, wIuju recjuired by tlie Sec- 
 retary of War, shall, instead ol'the anh^sit spirits men- 
 tioned, furnish to the troops of the United Slates, station- 
 ed in the harbor of N(!W-York, an eciinvalent in jrood malt 
 lic|uor or lii»ht wines, at such season oftheyear,as in tiie 
 opinion of the Tresident of the United States, may be 
 necessary for the j)reservation of their health. 
 
 It is understood that if tiie contractor shall l)creqfured 
 to depor it provisions at one place or post and shall after- 
 wards be re<iuired to move thorn, to be delivered at anoth- 
 er place or j)ost, the expenses of transportation to mch 
 other place or post shall be borne by the United Statcjs. 
 It is also understood that all supplies are to be ori^nnally 
 delivered at the posts where they may be re<piirod, with- 
 out expense to the United States. 
 
 Firurth. That whenever and as often ns the provis- 
 ions stipulated to be furnished under this contract, blmll 
 in the opinion of the conmianding oflicer of the post or 
 place, where they arc offered to be issued, be unsound, 
 imtit for use, or of an unmerchantable quality, a survey 
 shall be held thereon, by two disinterested persons, ono 
 to be chosen l)y the commanding oiticer, and the other 
 by the said Elbert Anderson, or I'm ^jTont, and in 
 case of disagreement, a third i)erson to b- hosen by mu- 
 tual consent, who shall have power to condemn such part 
 of the provisions as to them may ai)j)ear unlit for use. 
 But if the said Elbert Anderson, .Tun. or his agent, sliall 
 fail, or neglect to appoint a person to inspect the said 
 provisions, after reasonable notice in writing, it shall be 
 permitted to the said conmianding officer to appoint such 
 
 X 
 
 i^ 
 
"Tf^ 
 
 ■<flWHWiW nn i .»iii] i ' I I I M il l III ■ mi ii m , 
 
 64 
 
 ■pf^rsons as lie may think proper, to inspect the provisions, 
 I) ' uiiiler oath, with power to condemn, a« aforesaid. And 
 
 all provisions condemned by sucii survey may be destroy- 
 ed by the commanchng officer. 
 
 Fifth. Tiiat tlie commanding general, or person ap- 
 pointed by him, at each post or place, incase ofabfeolute 
 failure, or deticiency, in the quantity of provisions con- 
 tracted' to be delivered and issued, shall have power to 
 supply the deticiency by purchase, at the risk and on ac- 
 count of the said Elbert Anderson, Jun. his heirs, exec- 
 utors or administrators. 
 
 Sixth. That all losses sustained by the depredations 
 of an enemy» or by nu.'ans of the troops of the United 
 ^T.jf«:s, in articles intended to compose rations, to be is- 
 sued umler this contract, being the property of the con- 
 tiaclor, as well as in ot property necessarily used in 
 transporting the same, sh.all be paid for at the contract 
 price of thc° rations, or the component parts, and at an ap- 
 praised value of the otlior articles, on the deposition of 
 one or more creditable characters, aud the certificate of 
 a commissioned officer, when the same can be obtained, 
 asct^rtaining the circumstances of the loss, and the amount 
 oi'die articles for which compensation is claimed. 
 
 Seventh. That the escorts and guards for the safety 
 of the provisions, ai'.d for the protecting of the cattle 
 a'^ainst an enemy shall ^^c lurnished, whenever in the 
 opinion of the commune ng othcer of the army, or of any 
 post, to whom application may be made, the same can be 
 dune without prejudice to the service, and that the said 
 Elbert P. ndersoii, Jiui. his heirs, executors or adminis- 
 trators s'lall not be answeral le for any dc'ficicncy of sup- 
 plies, at any of the said [>osts or places, if it shall appear, 
 uj^on satisfactory proof, that such deficiency was occa- 
 sioned by the want of proper escorts and guards. 
 
 Ei'.rhth. That at all stationary })osts, proper store- 
 houses shall be provided on behalf of the public, for the 
 reception and safe-keeping of the provisions deposited 
 from tinse to tiu'.e, at mvh. posts respectively ; and the 
 eontriictor siiull sulVer no lo?j;3 for want of such stores. 
 
\ 
 
 
 mnth. That the said Elbort Anderson T t • 
 Iie.rs, executors or administrators, .h.U rcmj;. i"' '''' 
 their accounts to the Accountant of thnn '''' ^''* 
 
 War, for settlement, at least once if evtry^h?^^^^^^^ 
 agreeably to such form as by the snirl Z! ^^'^n^^^S 
 be established and made known to! "^"^^""^^^"^ "^'^7 
 
 Tenth. That all such advance«j f\i' m,^« ^ 
 made to the said Elbert Ander'on H^l.nfJ "' """^ ''<' 
 or admini^trato,., for and on accost ^ft.r^;^'";" 
 be furnished, pursuant to this contract and nil ^.'^." 
 of money as the commandin.. officer of ,t.„ T '"'' """"' 
 cruits that are or may be wi^h'in ti e Stafe^^h.™"''' "'■•'■"■ 
 ed, may cause to be'di. mrsed, in onleTto no"''"''""- 
 phes, in conseouence of any failure on ,, J "'■*';"l'- 
 said Elbert Anderson, Ju„. C ^ ^xecmorr: nf •'"' 
 istrators m comolvii -^ witli fl.o . "*' .^.^^'"o'^f or admin- 
 
 toined, shall be ^5 acc^um ^^ir ", ^ I'' ^•°"- 
 of set-off against the amount of such ^^„/t- ^l'^''^ 
 •urplus, if any, repaid to the United Si^,^'"' ""?•' "'*' 
 after the expLtio'; of ti.e term o 'tis cm;;^^''''.?'^ 
 with an mtetest at the rate of six per cen^m ? ' ''^'^"""' 
 frovt the time of such expiratln uT\^' •''"•'«'"""'. 
 be actually repaid. And tiatif a„; balaice "inll'"' '''"" 
 settlement of the accounts of the JahJ Elbert A ,' ?" '"^ 
 Jun h.s he.rs, executors or administrato s he f "'"f "' 
 be due to h m or them on •.,.^n„„7 .-.? ' ? ""'"<' '" 
 .haU be supplied, pu^ua^ntr Ca^i to^^^^^^^^ -'-•. 
 shall tmmediateh, be paid. And fl.„, „ ' '''" ''"'«« 
 or unnecessary delay,Cn he oart of I," ""^^^^°""Wo 
 United StatesfshallboiTiven to?he sen "*"":" "''"'^ 
 counts of the said ElbSr Anl on Juri:" ?' -""^ "- 
 ecutors or administrators. iSe'd hLl T' *^- 
 member of Con^i-ress sh- 1! /','"?'' ' owever that no 
 
 part of this corSort L^Lnt'Tto '" "7 ^'"'^'^ «' 
 arise therefrom. ''="''^"«=nt. or to any benefits to 
 
 ^%F^J!^^^.^y^-rcof, the said Scrr.t„.,. .. ,rr. 
 Jur ana on Oe/iaif of the UnitfH Sit^i^"~' Y ''\ 7^^' 
 
 L 
 
1 1 
 
 
 
 •i t 
 
 ,.1 . 1, W|, i y I . ii j i . i>i ' W. -»■ 
 
 66 
 
 i;/ft.rf J^^mon, J...-r, hath hereto srt his hand 
 Veal the da.j and year pnt aboce wntten. 
 
 W. EUSTIS. 
 (Seal U. S.) 
 
 ELBERT ANDERSON, JUN. 
 
 (L. B. E. A.) 
 
 Signed scaled, and delivered > 
 ° in the presevce cf > 
 
 DANIEL PARKER, 
 JOHN J. ABERT. 
 
 MirTTT^T^FAS bv certain agreement made on the 
 
 WHERt^ACJ, oy *^ hptween W. Eustis, Se re- 
 
 7th day of November 8n between^ ^^^^^ ^^ 
 
 r Cr itta^ i^^^^^^^^^^^ the deposits of three 
 New-York, It was f ■ ^ be reqmred. Now 
 
 &<=. r"ti::Seib; s"'''- '^- «''^ ^- ''"'^'' 
 
 t''«j:,«'"'"?'n:S Henry Dearborn, that when issues are 
 
 4?':) ^XttttC^":^;-. be taken a, soon as 
 Ftrst. i liat an " ■' jj y^h suiiplios as shall 
 
 'i^::^i;i3T;"Xv^tueo.-the sL agreement, and 
 '•^f "r&trv"r;t,fan betaUen in the 
 
 P-^V'l'j:trr4r iv n'tlilrX by thJsaia party ol" 
 
 Ill i/'^-o^'.O' 
 
 ^„.,r..-The rations arc charged at tU money price of 
 Ike conlruci, nd not in land. 
 
67 
 
 • shall be receipted for, a, in thi Lei r'' ""'^f'''"' "•*'*'='' 
 ing allowed however a de'lLl/nf,"''!"^ ""','='«• •>« de- 
 cent as a full allowance for wl!, of twelve and a half per 
 of whatever natuTexcemirr T^' ''^^^S"^ ""'' ^amaffe 
 occasioned by fire w^l?""^"'"'^ ^""h 'o^sesasmay be 
 the United slfel' ' " '"""^' "' l-^- "'" '^oops of 
 
 posts, in ra'tions to cSL fofHrv^P: '' '"« --"^ 
 
 of a pound of pork ^ ^^'^' ^^ ^^'^^^ gwarfer^ 
 
 One gill of rum, 'brandy or whhkev 
 
 orcS-to I' pa!Sr&?Lt"- p- ^«" p«^ 
 
 one cent for every ration wCrj,^ k „"•"' ^"'^''^ ?««• 
 recited, as a full compensMi™ f f^"" "'"" "^ ^^^^'^ 
 pease in issuing the s^me '" "'°"'''*= ""^ ex- 
 
 and affixed his Seal^ Zd hT^ "f't ^*'' "«'»«. 
 ««oj)e jm«««. "' '** *'«2' "'"i y«<M- last 
 
 H. DEARBORN. (L. S. H. D.) 
 
 ELBERT ANDERSON. 
 
 ^gned scaled, and delinked ) ^^" ®' ^- ■^•> 
 
 *n tlie pregmce of i 
 
68 
 
 War Department, Nov. 27, 1812. 
 
 SIR. , fri-'Vi,pr29th, you were informed 
 
 Tn my letter "f^Vf'^^//;;;, [the contractors for 
 that arrangements wouia be made w ^^^^ _ 
 
 issuin- the deposit of provisions « men ^^^^, ^ 
 
 ed of them. Messrs. Anderson and Bycr^ <^ P ^^^^j^ 
 Willingness to make the issues ; ^^^ «» ^« A „. 
 
 i,nd it for thepiMic interest ^^ ^^'^Jldtojai thebknk 
 i:ce toother agents, f^f^'^J'^'^-y. ^ 
 
 a,tached to their contracts accord^g^y^ ^^.^ 
 
 i have the honor to be very respectiimy, j^y^^,jg_ 
 
 "^'S-General Henry Dearborn, Plattsburg. 
 
 By the President of the Wed States of Anurica. 
 A piaOCLAMATION. 
 
 WHKKEAS the Co^^^l^ |lt ha'vl 
 virtue of the Constituted Authoutyve.te ^^^^^^^ 
 
 declared by their AC, b^» '"^^'^'^JL between the U- 
 of the present mon'h, that w A ^^^^^^^^ ^^^ ^^^ 
 
 nited Kingdom of <^f^^* reunited States of America 
 Dependencies t^iereof .^'-^^^;,,„y,„, I JAMES 
 and their T^^^^^^^^^'fthp United States of America, 
 
 MADISON, Pf «"'<'"* Imne to all whom it may con- 
 do hereby proclaim *« J"""" ;° ^„ ^sons holding 
 cern : And I do specially «'Vl«'n °" T J^it„ of the Unit- 
 Offices, Civil or Mil-tary, ""de *e =iu^^^^^^^^^^ j„ ji,„,,„g. 
 ed Slates, that they be v>g"«nt «^^ \,,g,,t; . And I do 
 ing the duties respectively '"^f »^^^', .f tUe United 
 moreover exhort »' " in?rv • as theyvalue the pre- 
 
 States, as they ove "'«>^ — ^.l^f^Vand valor of their 
 cious heritage derived f.om the viu ^^^^^^ ^^ 
 
12. 
 
 rmed 
 irs for 
 squir- 
 sed a 
 hould 
 )refcr' 
 blank 
 
 ur ob't 
 
 ns. 
 
 mca. 
 
 ates, by 
 m, have 
 nth day 
 1 the U- 
 aiid the 
 America 
 JAMES 
 Vmerica, 
 nay con- 
 5 holding 
 the Unit • 
 discharg- 
 Vnd I do 
 e United 
 e the pre- 
 X of their 
 forced on 
 I they con- 
 ne Provi- 
 xertthem- 
 
 i 
 
 I 
 
 selves in preserving order, in promoting concord, ia 
 maintaining tiic authority and the eliicac> of the laws, 
 and in supporting and invigorating all the measures winch 
 may be adopted by the Constituted Authorities, ior ob- 
 tainmg a speedy, a just, and an honorable peace. 
 
 //* testimony whereof^ I have hereunto set 
 SEAL, my hand, and caused the seal of the U. tttates 
 to be affixed to these presents. 
 
 Done at the City of Washington, the nine- 
 teenth day of June, one thousand eight hun- 
 dred and twelve, and of the Independence of 
 the United States the thirty sixth. 
 
 (Signed) 
 By the President. 
 (Signed) 
 
 JAMES MADISON. 
 
 JAMES MUNROE^^ 
 
 Secretary of State. 
 
 (circular.) 
 
 New- York J June 24, 1812. 
 
 Sir- 
 In addition to my Circular of the 20th May, (a 
 duplicate of which you will find inserted below) I now 
 enclose you the President's Proclamation, announcing a 
 Declaration of War against Great Britain and her De- 
 pendencies. At this important epoch in the history of 
 our country, it becomes me in my official capacity to call 
 yoiir attention to the duties assigned to you respectively, 
 as Agents or Sub-Contractors for the supply and issue of 
 rations to the Troops of the United States 
 
 Your principal has contracted with the govern- 
 ment to supply all rations that may be required in the 
 States of New- York and New- Jersey, containing a mari- 
 time frontier extending from the Eastern extremity of 
 Long-Island to the Capes of the Delaware, and of a 
 Northern inland frontier from Niagara to the outlet of 
 
 .«>^|lMM 
 
 . i -. . ii-rnrini'-f I i % i r-ir > 
 
■•■ir^iipipMMi" 
 
 70 
 
 Lake Champlain. You must at one view perceive the 
 S(.at of war your country is justly and necessarily en craved 
 in, and your united exertions are of the utmost impoitance 
 HI the contest for our rights as an independent nation, 
 you are associated with your principal in the share of 
 censure, if censure is due, and you are to partake with 
 Jiaa in the applause that your countrymen may be dispo- 
 sed to give your honest exertions. For the want of ac- 
 tivity and mdustry in the general and subordinate con- 
 cerns of tills department, disasters may occur that misht 
 other wue have been avoided, if the proper steps required 
 oj youhad been takenin time. You have previously been 
 instructed to look to the resources of your district, and to 
 intorin me, at proper intervals, what reliance can be pla- 
 ced on your district, county or town, for supplies that 
 may be re(]Uired. This necessary information will ena- 
 ble me to communicate with the Commanding General, 
 and state to him where and how supplies may be had with 
 the least inconvenience to the public service. By pos- 
 sessing this information, it will give me time to meetary 
 scarcity m your district, by transporting supplies from 
 other places or either of the deposits. 
 
 You have likewise been instructed not to offer or 
 issue any Provision that should appear unsound, or of an 
 unmerchantable quality. For this purpose it will be 
 necessary for you to be extremely vigilant, frequently ex- 
 amming the state of your issues, and take especial care 
 tiiat your fealt Provisions at this season of the year has 
 Its proper quantity of salt, and each barrel full of o-ood 
 pickle. Our country is blessed with plenty ofwholewme 
 pod; and as the health and vigor of the Army depend 
 iij a great measure on a strict and faithful fulfilment of 
 your duties, you are seriously to reflect if, at this crisis, 
 yi)ur talents and resources are fitted for the station you 
 now hold ; and should you conclude to decline this Agen- 
 cy, you will immediately inform me, so that other arrange- 
 ments may be made in season. 
 
 .^«: '" addition to the just and proper scrutiny of the 
 Olhcprs ot the Army, the eyes of the public will be con- 
 tmuuiiy upon you; and wlthuut the 'greatest prudenee 
 
)ive the 
 ^n gained 
 •ortance 
 nation, 
 hare of 
 ke with 
 ! dispo- 
 t ofac- 
 te con- 
 i might 
 squired 
 \y been 
 , and to 
 be pla- 
 3s that 
 ill ena- 
 eneral, 
 id with 
 y pos- 
 set apj 
 3 from 
 
 iffer or 
 r of an 
 vill be 
 tly ex- 
 1 care 
 r has 
 ' good 
 Resume 
 epend 
 3nt of 
 crisis, 
 n you 
 Vgen- 
 ange- 
 
 )fthe 
 
 lenee 
 
 71 
 
 and discretion on your part, your station at this time will 
 excite the envy of some and the jealou.sy of others. You 
 are not now to learn, that men are as different in their 
 sentiments and opinions as in their countenances and 
 numbers ; consequently you may expect that your best 
 exertions will noi always be rrwarded, and that univer- 
 sal satisfaction is not to be expected — but this will not 
 deter you irom doing your duty. You will listen to ob- 
 jections against your Provisions with patience, and in- 
 vestigate any complaints with temper and moderation; 
 at the same time you will maintain your own rights, and 
 the just rights of your principal, with dignity aiid firm- 
 ness. Go straightforward in the path of your duty, and 
 you vvill sooner or later obtain the good opinion of the 
 Oilicers, the love and respect of the Soldiers, and what is 
 more, the aj>probation of your own conscience. 
 
 You will have the enclosed instructions mac^e 
 known to those who supply Recruiting Rendezvous in 
 your district ; and it will be proper at this time to give 
 publicity to that article of the contract which regulates 
 the condemnation of unmerchantable Provisions. 
 
 The Contractor requires all Agents and Sub-Con- 
 traciors to issue, on the 4th of July next, one gill of 
 Whiskey to each man in his district, and one bushel of 
 Peas or Beans to every sixty men, or an equivalent in 
 other vegetables, being extra from their allowance by 
 law, which issue will be charged to me when you trans- 
 mit your next account, separately from the abstract. 
 
 (copv.) 
 
 Article Fourth of Contract for the Supply and Issue of 
 Rations, dated 1th day of November , 1811, commen- 
 cing the 1st of June, 1812, ending Slst of May, 1813. 
 
 " That whenever and as often as the Provisions 
 stipulateil to be furnished under this contract, shall, in 
 the opinion of the Commanding Officer of the post or 
 I'.i,. v.- rrti'.!^ i"^j "•i«- viiriicu lu ue iBsucu, uu uijsouna. 
 
 it 
 
 <( 
 
 uiihtior use, or of an unmerchantable quality, a survey 
 
;/x 
 
 :1 
 
 n 
 
 !SV 
 
 4 ** 
 
 «' shall be hold thoroon by two ilisintnrrstc.l persons, 
 «' one to be chosen by the Commanding Ollicor, i!m- ..iiier 
 '' bvthe said Elbert Andkrson, Jun. or his A;-^eiit, and 
 *« in case of disaj^reement, a third person to be choseii by 
 *' mutual consent, who shall have power to conden.n s.ich 
 " part of the Provisions as to them may appear unlit or 
 "use- but if the said Elukri Am)i:uson, Jun. or ins 
 " A-rtMit, shall fail or ne^dect to appoint a person to in- 
 «' s.rrct the said Provisions, after reasonable notice m 
 writinLr, it shall be permitted to the said Commanding 
 Ollicer to appoint such persons as he may t unk pro|u.r 
 to insoect the Provisions, under oath, with power lo 
 .. (M„idenin as aforesaid ; and all Prormom condcm. rd 
 - 6// such surccij, may he destroyed by the Commandu.s 
 
 " ^ •^"'*'" ELBERT ANDERSON, Jr. 
 
 Army Contractor* 
 
 
 r 
 
 m 
 
 New- York, May 20, 1 8 1 2, 
 Annexed you have the arrnnoements now in ex- 
 istence for the supply and issue of rations to the 1 roops 
 oi' iU United States. When Troops move out ot youi 
 district, either to recruit or on a march, you wdl be pleas- 
 ed to forward notice of such movement immediately to 
 the Aoent in the district they move to, likewise a dupli- 
 cate ot* such notice will be transmitttul to me. It is ex- 
 pected the Commanding Officers will give notice m he 
 
 irst instance, and state the '' ""»"b^';,«^ ^^^^^f, ^' ^^^^^^ 
 iiished on the march or at a station." By this n^eans 
 ope and timely supplies will be furnished to meet any 
 ludHcn moven Jn, oV Troops. Agents of d-mc^s -d 
 distribute blank abstract terms to the Recrumng Ren 
 dezvous within their limits, and they will considei them- 
 selves accountable that the blanks in the abstract are fil ed 
 ui) aorecably to the original returns, and signed by ti.e 
 (Commanding Ollicer. ^The dates ought to correspond 
 ^vlth the number of days inclusive, and the days with the 
 number of men, and the column of remarks nmst s.a.. 
 to whom issued, (to Troops under the command ot, ^c) 
 
 »«4h 
 
73 
 
 (to Recnilfs, ,tfi.) (to Militia, &c.) Tl.o toml nnmlmr^f 
 
 eor„(>c„.,M„ r.,ot of .1,0 nl.strnct. l)„pli "S „b L ," 
 f> o „ tho bosmning to the cn,l of onch m, nth arc rcn, rod^ 
 
 e;t;;i,'omh:"""'"'""' '""•""""^ '" ■"" "^ "-"^" 'f 
 
 sunnl.>s%ml'?r " ';"' M ^^'""''' '^'=- "'"'^ district of 
 su|){)jies and pluce of residoncc 1 
 
 ELBERT ANDERSON, Jr. 
 
 Arimj Contractor. 
 
 Washington, Dec. 28, 1812. 
 
 Tlie Honorsible Secretary of War 
 SIR, 
 
 In behalf of myself anrl associates, I will simvlv 
 an rations that may be required for the tro^p of t^ I ^ 
 fetate^, marched, stationed or recruited within the (itv 
 
 S ff w "i^T^^i "? 'r^"^-»'' ^-- tire '^ 
 
 •J- . o o 
 
 Liquor 3 5 
 
 Small parts l 
 
 Bread or Flour 4 g 
 
 In all other parts of the State of New- York incliidlf 
 
 pLwT? ''Ti ".[^^ ^^ ^'^- '^'-^^^^ ont^:^. 
 
 plain, at 17 cents 5 mills, to wit ; v>««iii 
 
 Meat 5 g 
 
 Liquor 3 5 
 
 Small parts 1 
 
 Bread or Flour 7 5 
 
 n^i^f J!:i„^?f of Novv-Jc-soy, 16 cents 2 and an 'half 
 If tl,e troops of the United States should enter the 
 
}n 
 
 ^a. 
 
 n 
 
 \f 
 
 74 
 
 Canadas at any time prcviotis to tbr 31st of May, imi, 
 this proposiul will oinljrace all supplies that nmy be re- 
 quired in the enemy's country, tVom Fort George along 
 the whores of Lake Ontario and the river St. Lawrence, 
 until it intersects the out-let of Lake Champlain. 
 
 'l! j ^ rice of the rations to he augmented in propo"* 
 tiovi (u liie difliculty and expense of transporting in the 
 enemy's country, with a reserve on the part of the United 
 States to reduce the; component part of the bread ration, 
 to bear a proportionate value to the other parts of the 
 ration, when the price of bread-stutf shall, in the opinion 
 of the Honorable Secretary at War, justify such altera- 
 tion or reduction. 
 
 The Honorable Secretary at War wi'l perceive that, 
 the price of the comj)onent parts of the ration are the 
 same as the present contract, the bread or flour except- 
 ed : And that the price of this article is not in i)ro{)ortion 
 to its increased value and alarming scarcity of bread on 
 the northern frontier. 
 
 When the price of the bread ration is 4 cents 8 mills, 
 the value of flour is at the ratio of $8 35 per barrel, when 
 the flour ration is estimated at G cents 2 1-2 mills. — Note, 
 The value of Flour is only 10 dollars 87 1-2 cents per 
 barrel. 
 
 It is believed that all the other component parts of the 
 rations are estimated as low as possible : The article of 
 liquor bearing the highest proportion, being subject to 
 great leakage and wastage ; and in consequence of the 
 partial importations of foreign spirits, and the very high 
 price of grain in our own country, there must be an inev- 
 itable rise take place in the value of home distilled spirits. 
 
 The aforesaid projjosjd is made without reference or 
 regard to any oi)position bid, but from a perfect know- 
 ledL'c of the intrinsic value of the articles contracted to 
 be delivered and issued, and the difliculty of obtaining 
 bread-stuif and liquor, without transporting from south- 
 ern Atlantic ports, early in the spring, to places contigu- 
 
 -J. 
 
 v:i4,v-i-i,«..i..,^=...- 
 
 
imv \)ii re- 
 iv^e along 
 Lawrence, 
 tin. 
 
 Ill propo • 
 in^ in the 
 the United 
 ?.id ration, 
 irts of the 
 he opinion 
 jch altera- 
 
 75 
 
 ouB to the Northern Frontier. All nf «,k- u • , 
 •ubmitted by •^" ^^ ^n»«H m humblf 
 
 Your ob't servant, 
 
 ELBERT ANDERSON, Jr 
 
 ^oLZci^^^^^^ the Hudson 
 
 tion on Flour. ^ ^^ '"^ ^ ^^"' ^ 1-2 mills per ra- 
 
 l>epartmmt of War, Aug. IQ, J82a. ^' "^^ ^^^- 
 
 ccive that, 
 on are the 
 ur except- 
 ])ro{)ortion 
 )f bread on 
 
 Its 8 mills, 
 rrel, when 
 Is. — Note, 
 I cents per 
 
 arts of the 
 ! article of 
 subject to 
 ince of the 
 3 very high 
 le an inev- 
 led spirits, 
 ference or 
 feet know- 
 itracted to 
 ' obtaining 
 rom south- 
 es contigu- 
 
 -0 
 
W' 
 
 ^k- 
 
 I \ 
 
 k 
 
 i 
 
 lil 
 
 Winhin^tom , January 2, 1813. 
 MR, — Tn compliance with a request of the Ilononiblc 
 Sw-retary at IV ar, \ now have tlie lionor to annex n ntate- 
 nient oi the probable value of a ration within the District 
 of New-York, and its northern and western frontier. 
 
 Artielci rrtmpoiiiif tlir 
 
 Primt Beef 
 «♦ Pork 
 
 Flour 
 
 Liquor pr gallon 
 
 SMALL FART*. 
 
 4lb». sonpa lOti 
 1 I lbs. Cjindles 
 1 gallon Vint'^ai 
 Salt Hverfige pr q, 
 
 pncu at 
 N. ynrk 
 per tmi- 
 
 No. of 
 rations 
 in CRCh 
 bbl. tie 
 
 ^* 00 
 1450 
 1150 
 a 
 
 12 00 
 64 
 
 40 
 
 24 
 18 
 
 2iJ 
 
 160 
 
 tnliie to 
 (bu barrel 
 
 Eta 
 
 
 (A 
 g 
 
 8 80 
 
 S " 
 
 > ^ 
 
 266^1 5 5 14 6i>t\, 
 174i 6 71U 75 
 
 32 
 
 3 A 
 
 84 5 
 
 c =: 
 5 5 
 
 6 7-; 
 
 64 
 
 Gen. expense of issue 5 pr cent 
 
 Transportation as per weight 
 of a ralion 
 
 Weight of packa- 
 geb cumpoiied of 
 barels, casks and 
 boxes. 
 
 IB 
 
 
 91 
 
 a 
 
 lb ozjib ozoz jo 7, Total weight 
 1 11 21 4121 of a ration 
 
 lb oz. 
 
 2 8^ 
 
 4J2jof a 
 
 aver. '33\ of the whole 13 
 
 3 5; 
 
 REMARKS. 
 
 A Inwof 7 13 p^reeot 
 ID Uiueiuji beef in Uetuil. 
 
 A gain in makinE hread 
 Iwbare ve bave Oven', ind 
 pultnhle Hakera of 10 to 13 
 
 ' l-l'per cent 
 
 ^ lo«n on liqiinr in iMk- 
 ri(t i«aHtag« of 10 to IS 
 r cent. 
 
 15 1 
 
 71 
 
 3 1 
 
 18 9^ 
 
 ( i-a 1-.. 
 
 r The (aln to be obtained 
 1 in the current ip«ii«, ia 
 I mad* in the purehanc of a 
 1 lar^p s'orli of provisions 
 ; ami in teasoni and periocils 
 ( nbeo thu market is loweit 
 
 TranRportatlon and RISK 
 tc I'latfslnireh. OinPKO, 
 Niajara and Ojiletuburj 
 by water from places cnn- 
 tiEuous for a [.pnnanent 
 dependence of articles com- 
 posing the ration«— valued 
 at one dolar per hundred 
 pouodn Rt. 
 
 PER RATIOIT. 
 
 Errors Excepted 
 
 All of which is respectfully submitted by your obedi- 
 ent servant, E. ANDERSON, ' 
 
 Hon Wpf'rv r»f* A^Qi. AA7aol>i<i.^t^n 
 * This letter and the suhsfqnt-nt <'u«« of o n inst. were written 
 Quest of Hon. Jamos Monroe, tu be ia.'ti beiorc the Ptesident. 
 
 J UN. 
 
•y 2, 1813. 
 e Ilononibic 
 mex n Htat«;- 
 n the District 
 rentier. 
 
 ItEMARKS. 
 
 eiuK beef in detuil. 
 
 (tin In mikinE hreid 
 le ne liavc Oven.. v\<\ 
 ihle Hakera of 10 to 13 
 
 ercent 
 
 loss on liquor in lealt- 
 siKt ivBHtage of 10 to tS 
 (.or cent. 
 
 be (sin to be obtained 
 the current ip«ini, is 
 )• in ilie purehaiie of a 
 ■p stork of provisions 
 in iieasoni and |ierioda 
 io ttiti marliel is loweit 
 
 ransportjtlonanflRTSK 
 I latlsl)Hr)rii. OiKBgo, 
 F«ra and Ouilenihurj 
 water from places con- 
 nus, for t [<(*rinanent 
 tndenre of articles com- 
 DK the rations— valued 
 ne dolar per tiuudred 
 id« wt. 
 
 'ER RATION. 
 
 ^^our obedi- 
 
 )N, J UN. 
 
 written by re- 
 t. 
 
 I 
 prit 
 
 77 
 
 EXPOSE, 
 
 f,l""?f/ V" ""'"". '^"'"^'"^ "f ^or, and Seere. 
 Ury of tlie 1 rcmury, by re,pusl of Homrable Janu* 
 
 gj,. Washington, Jan. 6, n\% 
 
 I have mafuroly considered the subject that occu- 
 
 r conversation yesterday, as it respects u UrlmiU 
 
 ■>t tlie rations that may be recpiired below thi con. 
 
 V ., 'ft" "'T ^"""^ y '"" "'" i^'- Lawrence : and 
 
 v,a. ...th.lence and respect I now liave tlie honor to Mats 
 my views on tins iin]>ortant subject. 
 
 1 have before slated, and I believe it is fully under- 
 wood by the Government, that it is one of the first and 
 essential reti-.isues ot a well-regulated compaign, to hava 
 suitable Magazines at convenient places " (br^he receu- 
 tion and safe-keeping of provisions that shall be depog- 
 ited from tune to time." Those magazines should be 
 remote from the depredations of the enemy, yet be local! 
 ly situated, in j.laces best calculated for the accommoda- 
 tion of the resources of the surrounding country, whilst 
 a he same time, they should possess the advantages of 
 water communication to such points as the army may 
 coacentiate. The a.^ount of provision to be placed in 
 deposit, must be regulated t,y the proportionate number 
 
 the army, the duration of service, and the loca sup! 
 pl.es that may be relied on within the enemy's country 
 If he number of men to be victualed is ascertained, yet ii 
 wUl bkew.se be ot .mportance to the person holding him- 
 self responsible tor the supply, that he should be wtll nc- 
 qua.i|tedw.th the water and la.,d communications throu4 
 winch the troops may pass, so as to estimate with precfa- 
 
 kmt', ifnl" ■ "" ■■«":"« ."'"t.^oy he required ; besides 
 It must be obv.ous to all, that the train of Horses and the 
 
 w.11 naturally .ncrease the demand and price of bread- 
 
 1 «haU 1'/°"' r '"'' '["'' "'.'"" ""^ o^mpelled to march. 
 I shaU not eo at length m the examination of what r»- 
 
 i 
 
I// 
 
 wm 
 
 ■i' \* 
 
 i 
 
 * 
 ioufees of bread-stuff can be relied on at places contigu- 
 ous to the probable seat of War, because it might be 
 considered as the exaggerations of one who is interested 
 in the picture that he should draw, of the wants of a 
 . country, generally overflowing with corn, but now by the 
 visitations of Providence,* reduced to a bare and scanty 
 supply for the subsistence of its own inhabitants : But it 
 wiH be of great importance to state that, admitting the 
 next ensuing crop should be productive and abundant, 
 yet the late period it is collected, the early setting in of 
 the frost, and the difficulty of transporting by land to 
 •uitable mills, are insurmountable obstacles, to its coming 
 in aid of the next campaign. 
 
 But if any reliance should still be plpced on the con- 
 tingency of the next harvest— what will it avail, if the 
 troops of the United States should have moved in ad- 
 vance, and should have actually entered the enemy's 
 country. In the months of October and November the 
 roads on the frontiers are impassable,! and the difficul- 
 ty of transportation is increased by the early impediments 
 of ice m the navigable waters. And if the army should 
 make a rapid movement near the vicinity of the Capital 
 of Lower Canada, those hazards and difficulties increase 
 in the ratio of distance from our own Frontier, without a 
 competent and ample magazine is laid up in the rear.— 
 Should a military position be taken on the river St. Law- 
 rence whilst the waters are open, and a due proportion 
 of the iccessary supplies of four and liquors be drawn 
 from the sea-board in season to be trausported to the 
 waters of Lake Champlain— then, and then only, can the 
 Gorernment safely rely on the subsistence of her army 
 even should they advance to the investment of the For- 
 tress of Quebec, by a winter siege. If a general maga- 
 zme should be established at Montreal, which would be 
 the point of conceiitration for all minor stores, on Lake 
 Ontario ana Champlain, then the transportation to a point 
 
 * The crops of Wheat io the Nonhern aad Western froutkrof New. 
 York, as .8 jell kuoivn, failed aud was damaged hy the wet season oflSl?. 
 
 tOenRanptoo could not come to Gen. Wilkinson ai French Mi Ha 
 With supplies ID Now, 1813, only on pack horses-^' Failure campaigr. J 8 1 3.' 
 
79 
 
 . e waters of the St. W^nce afe'doH 0^ 'T'""^ ^^ 
 time superiority or the natural obstn,ot^f„ e " ^^ '""""a- 
 ence of transportation by carri^ ^ S t^,'','''-Jiff:er- 
 
 8 mfavorof the water communication H ? • *' "* ^to 
 aspcedy anclcertain transpona .n, Tn h. ' ^V°''"^"io 
 wquires a military povver and H^n ■''''''''''"^'''^"""''•v 
 the civil arrangem'en'Js of ill tnC-r"!' "' '"'^""^ 
 civil contract would always b^ V.^ul, *~P'""^"'''' H'" 
 appointment-and CTlMh^n 1 !'° "•'•<"""» '•"'<I di«- 
 previously seized all he means of ^ Power would have 
 own purpose. Thufto "^re a d2r"-'°" ''«'•««• 
 ration below Montreal, w dldenen, „P'"'^ '"'"• ""•• 
 
 men to be supplied. Tl e "moumnf "r ""^'^'^^ °f 
 be obtained lif places conti~'„ tl^^''"^ •''•''''"^y 
 
 shall be secured on the sea-board before ' *,''* "'"'^ 
 
 enhanced by the doman.l abro I or t ,n ! P'"" '''"" ^° 
 the value of transpcrtat on n ul^ !' , T"^ "^ '">'"«: 
 
 Pend on the «.««JofLL«'«»'^ ->''-"'"''''' ''"■ 
 «<«<,». The first, it'lZlT,' '"fj"T". "-^ tramport- 
 
 mont to a«certai:;,'arrt' ^'mtl'" ;• r '"^''^•''••'- 
 wcrease or diminish the pronortTnn AV ,' *""""y '^''1 
 oppose theu. The last Cst rest o^f 1'"' '''^""•"' '<> 
 eies, that no human foresigl LTcon ' I ™,'"'"=''"- 
 considerations I conlH n„, ■ ''"""^O'- Under such 
 
 Wscdf-that c^nfid e a„d tZ!":^;''''.''*'' ^'"'-^ ' -- ' 
 the property of my friends nn 1^?. ^'""""■■*^' "'=" are 
 I profess for my co untry 'l "c^^ ii i, '"'".""f '«"«^a'io„ . 
 hazard the vital in.erest^of.e ctl or *"; v ^ "= °'"'' ""J 
 responsibility so frauo-ht will, iiiffi '• ^ ""i'<^«a!iiiiff a 
 events. I iLe the e re t^ ~"7'''^ ""'"^^-cn 
 having a special orgamzcd ZpllZ f"'"'"'''"'^ «'' 
 ^-l^^the public provision ^^^^3^^^^^^^^ 
 
I// 
 
 
 li 
 
 f 1! 
 
 ( 
 
 'h 
 
 ^ 
 
 80 
 
 enemy's country, tlie contractor to provide store-houses, 
 anci to trani^i'cr tiie provision depot^ited, to the othccr hav- 
 'iu<y charge ol' tlic trans[u)rtation ; obtaining hm receipt 
 as a vouciier ; tlie provision to be again delivered to tiio 
 contractor's agent at such place or j)lace« as the issue 
 may be re(]iiired ; under this, or a simih^r arrangement, 
 I would extend llie sui)ply at any place below the Sorrel, 
 or the interior, at the prices named in my proposal, with 
 such allowance for leakage and wastage and expense of 
 
 issue, as shall be commensurate to its actual value. 
 
 This value is now lixed by the Blanks attached to the 
 contracts. The only condition 1 shall ask, will be, to 
 possess correct iitformatiou as to the required supplies 
 for the next Campaliin, and funds to obtain the means 
 of its execution as early as possible. 
 
 1 have the honor to remain your ob't servant, 
 
 E. AiMiEUSUN, JuR. 
 The Hon. James Munroe, Sec'ry of War. 
 
 NciD'York, January 20, 1813. 
 Hon. James Munroe, 
 
 Sir — I am under the necessity to inform you, that 
 the verbal information that I had the honor to give you 
 in my last interview is more than verified as to the new 
 and unexpected rise in salt meat. It now appears that 
 the principal part of beef and pork has not only been pur- 
 chased up in the market, but that the purchasers have 
 been in tlie interior of this state and New-Jersey, and have 
 obtained all that was to be disposed of. Prime pork has 
 l)een sold at ^\^ to 16 per barrel ; my maximum 14. 
 (iO-lUO per barrel, as per statement. Prime beef has 
 been sold at $12, my mitxiinum is $8. 80-1 UO. Under 
 those circumstances it (;ertainly could not be expected that 
 1 should hold myselt bound by my bid on the 28th Dec. 
 when the Government has not thought proper to close 
 with my otl'er. 
 
 To avoid any misunderstanding on this subject, I now 
 iluu'cfore, amcoinpeiied to state that it would not be ad- 
 
"f!»*%. 
 
 tore-houses, 
 ; otiicer iiav- 
 iiis receipt 
 verud to tiie 
 as the issu€5 
 rrungemunt, 
 V the Sorrel, 
 oposal, with 
 I expense of 
 
 1 value. 
 
 Lchecl to the 
 i, will be, to 
 •red sujjplies 
 it the means 
 
 ant, 
 ON, JuR. 
 
 r20, 1813. 
 
 >rm you, that 
 • to give you 
 B to the new 
 appears that 
 aly been pur- 
 ehasers have 
 sey, and have 
 ime pork has 
 naximum 14. 
 me beef has 
 lUO. Under 
 expected that 
 lie 28th Dec. 
 oper to close 
 
 ubject, I now 
 Id not be ad- 
 
 81 
 
 rnment 
 
 viseable for the Government to make the contract 
 
 pnce named in the bid. If they wish securky rnd"' clu^ 
 
 execution of the engagemetit of this public and mr or 
 
 tant muure but still I shall, ifimmerlAtd^ ^STm 
 
 myself bound to make the contract for the interior of te 
 
 s^ e .tnd no^ ''^^i^^ of Or^ 
 
 no and M. Lawrence, and agreeable to my oMcial hffZ. 
 
 on that subject at the price there named/ flTj'lZ 
 
 he rations must be advanced for New-York and Green 
 
 bush, to meet tiie increased value of salt L u w^ ? t" 
 
 presume would be low at 15 1 -2 ce^L SlVZ's."'"' ' 
 
 1 nave the honor to be 
 
 With sentiments of respect, 
 Your obedient servant,' 
 
 ELliERT A NJDERSON, Jun. 
 
 War Department, Fchruari/S, 1813. 
 
 Sir— 
 
 wahiad.stateo/New-YoKdtjt; , 'v^^^ 
 
 nvc given tl,e preference to your'.s. It wouh bTl'Jl 
 tlierelore t mtyou should reu.iir to iM . ,i ^"" 
 
 aa possible, thLtl.e^oulIact'm^^"'' clit'j! "' P™"'^^"^ 
 
 I am, (fcc. 
 
 E. Anderson, Jan. Esq. N. Yorf ™ AnMSTKONG. 
 
 «.„ .rvofwarsmd,thePresi(leniina ^ei <(avs win '^e a.t.ng 
 
 Se.iaiu a secretary o vrar, and the .ignatur.ol rhe L v "T"^''' '" '"* 
 g.v.n to the contract. After the LuZior e uu- h] ^^'n"^' T" ' ?" 
 
 ve mem, yet on his ..rnval in W» t,: '* ^^ pve thts notice to tiie go- 
 
\/A, 
 
 I 
 
 11 • 
 
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 ! 
 
 I.-I 
 
 82 
 
 ARTICLES OF AGREEMENT, made on the Tvven^ 
 ty-Fifth clay of'Fobriiary, Anno Domini, One Thousand 
 Eight, Hundred and Thirteen, between Jolin Armstrong, 
 Secretary for the Department of War of the United- 
 States of America, of the one part, and Elbert Anderson, 
 Junior, of the City of New- York, of the other part. 
 
 This agreement witnesseth, that the said John Arm* 
 strong, for and on behalf of the United States of America, 
 and tlie said Elbert Anderson, Jun. his heirs, executors 
 and administrators, have mutually covenanted and agreed, 
 and by these presents do mutually coveneyit and agree to 
 and with each other, as follows, viz : — 
 
 i^/r.s^.— Tliat the said Elbert Anderson, Jun. his heirs, 
 executors or administrators, shall supply, and issue all the 
 rations, to consist of the articles herein after 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 m,ay be stationed, marched or recruited 
 within the limits of the State of New- York and the Wes- 
 tern and Northern vicinity, within the Canadas, 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 June, eighteen hun- 
 dren and thirteen, to the thirty-first day of May, eighteen 
 hundred and fourteen, both days inclusive ; at the follow- 
 ing prices, that is to say, at any place where rations shall 
 bo issued Aviiliin the City and Harbor of New- York, and 
 tlie e]icam(>mcnt of Greenbush, at fourteen cents eight 
 viilh per ration : at all other places within the state of 
 New-York and the Canadas, at seventeen cents five 
 mills per rntion : provided, however, that for all rations 
 requir(!d witiiin the enemy's territory, the price of thera* 
 tion shall be augmented in proportion to the expense of 
 transportation and issue in the enemy's country. The 
 Hupplies having been delivered on account of Govern- 
 ment at nuigazincs, designated for that purpose, within 
 the state of New-York, and when it may become neces- 
 sary, the public agents, boats and teams shall be employ* 
 ed in transporting- from such depots by order of tho Qom? 
 
?**H?*^*'PIPWSK'"Jf 
 
 n the Tvvea- 
 ; Thousand 
 Armstrong, 
 the United- 
 t Anderson, 
 • part. 
 
 John Arm* 
 of America, 
 3, executors 
 and agreed, 
 nd agree to 
 
 n. his heirs, 
 issue all the 
 r specified, 
 use of the 
 laces where 
 ►r recruited 
 d the Wes- 
 idas, thirty 
 (lere rationis 
 )e furnished 
 iteen hun- 
 y, eighteen 
 tlie follow- 
 ations shall 
 -York, and 
 :ents eight 
 he state of 
 cents five 
 all rations 
 e of the ra» 
 expense of 
 itry. The 
 >f Govern-' 
 3se, within 
 )me neces- 
 )e employ* 
 f tho C^oajy 
 
 83 
 
 nianding General, on representation of the Contractor 
 or his proper agent, that such transportatL a" ^^^^^^^^ 
 
 ea. also, tiiat the Cunfactor shall at all times have reamn- 
 ane notice, when and where deposits are to be muTfor 
 transportation into the enemy's country L wellaTtt ? 
 mount required for that puV^o/l^Wc t^^^^^^^ 
 
 ~::ZiTT^ ""^« ''^''' -^»'^^' tirpnl'of the 
 five S r ' '^ I''" T"' '^^^" ^«' ^'^^ ^'^^^ five cents 
 Quor ttp^!^^^^^^^^^^ four cents eight mills ; li- 
 
 the or i of t^^' ^'t' ""• ^'' '"^"^^ P^^'^«' ^"^ «^«t. Where 
 price nftl '■''"'^" '' seventeen cents five mills, the 
 pnce of the component parts of the same ,w \ be for 
 meat, five cents five mills, bread or flour nVZ 
 
 cem"'^4 Z"-' ''7\ '''''' ''''' "^"^^ ^ -- i-«« - e 
 pam of th^ f i f n^f component parts of the small 
 LnHI. . f " "'^^^i ^^' ^'S^^^^^n cents per pound for 
 candles ; twelve cents five mills per pound for so-m fi ..r 
 cents five mills per quart for vinlgak and two cem^ 
 mdls par quart for salt : Provided also^that thfthirtv 
 
 be unde^^^^^^^ rations may be wanted shall not 
 
 oe understood, to apply when the rations are taken from 
 any deposu previously made on account ZITgJ:^^- 
 
 &.o»rf. That the ration to be furnished and deliver- 
 JttlT"" ''^'^" «°"*™«'-«hall consist of the fonS 
 artic es, v.z : one pound and a quarter of beef, or three 
 
 br::rrflou?r'''^n't"' P^V -?'"-> -nee' ol 
 Dread or flour ; one gill of rum, whiskey or brandv • and 
 
 at the rate of two quarts of salt, four quarts of IV^ar 
 four jDoundsof soap, and one pound and an ha f of cat' 
 dies to every hundred rations. 
 
 .reb. ral, or Officer commandmg an army or a great mill'- 
 tar;- dtstnct. .n all cases not otherwise provided fob»^ 
 me^rshailtf '''"^K T!"" -.'J '"ow ofte'n fresh or I^ ,e5 
 
 rreion Jil^ . "k V ^'l'"™' "'•^'^^^ '" ''« promulgated 
 a re4«onable tune betore the issue is to commence ; th| 
 
 :1'i 
 
 I 
 
[//, 
 
 ■«mMI»> 
 
 f 
 
 vf 
 
 H 
 
 I 
 
 , ! 
 
 1 all cuaos wli 
 
 «4 
 
 iltcd provisions 
 
 >(1, the iiiticlc 
 
 issue 
 of salt shall not be rc(|uired ; that the Contractor shall 
 always issue Hour two days in every week, and the option 
 of bread or flour for the reniainder of the week to be with 
 the Contractor. 
 
 Third. That supplies shall be furnished by the said 
 Elbert Anderson, Jun. his heirs, executors or administra- 
 tors, at the fortified places and military ))osts, that are or 
 may be established in the limits aforesaiil, upon the requi- 
 sition of the Commandant of the army or a post, in such 
 quantities as shalll not exceed what is sullicient for the 
 troops to be there stationed, for the space of three months 
 in advance, in good and wholesome provisions ; consist- 
 ing of due proportions of all the articles forming the ra- 
 tion. 
 
 It is understood that if the Contractor shall be required 
 to deposit provisions at one place or post, and shall af- 
 terwards be required to move them, to be delivered at 
 any other jyface or post, the expenses of transportation 
 to such other place or post shall be borne by the United 
 States. It is also understood that all sup})lies are to be 
 originally delivered at the posts where they may be requi- 
 red, without expense to the United Btatee. 
 
 Fourth. That wdienever and as often as the provis- 
 ions stipulated to be furnished under 1 his contract, shall, 
 in the opinion of the Commanding Officer of the post or 
 place where thoy are ollered to be issued, be unsound, 
 unfit for use, or of an unmerchantable quality, a survey 
 shall be held thereon, by two disinterested persons, one 
 to be chosen by the Commanding Officer, and the other 
 by the said Elbert Anderson, Jun. or his agents, and in 
 case of disagreement, a third person to be chosen by mu- 
 tual consent, who shall have power to condemn such part 
 of the provisions as to them may appear unfit for use: 
 but if the said Elbert Aaderson, Jun. or his agent, shall 
 foil or neglect to appoint a person to inspect the said pro- 
 visions, after reasonable notice in writing, it shall be per- 
 mitted by the said Commanding OflTicer to appoint such 
 persons as he may think proper, to inspect the provis- 
 
^yas M£gilJltwpif -. 
 
 '^mi^. 
 
 , the Jiiticle 
 motor sliall 
 (I the option 
 ik to bo with 
 
 by the said 
 administra- 
 , tliat are or 
 )n the requ'i- 
 )ost, in sijjch 
 icnt for the 
 hree montlis 
 ris ; consist- 
 ning the ra- 
 
 be required 
 nd shall af- 
 delivered at 
 ansportation 
 r the United 
 ies are to be 
 lay be requi- 
 
 the provis- 
 titract, shall, 
 r the post or 
 be unsound, 
 ity, a survey 
 persons, one 
 ud the other 
 ^ents, and in 
 losen bv rnu- 
 nn such part 
 nfit for use : 
 
 affent, shall 
 the said pro- 
 shall be per- 
 ippoint such 
 , the provis- 
 
 ^5 
 
 ions, under oalh, with power to condemn, as aforesaid. 
 And all provisions condemned by such survey or inspec- 
 tion^ may be destroyed by the Commanding Officer. 
 
 Fifth. Tlmt the Commanding General, or persoft 
 appointed by him, at each post or place, in case of abso- 
 lute faihu-e or deficiency in the quantity of provisions con- 
 tracted to be delivered and issued, shall have power to 
 supply the deficiency by purchase, at the risk and on ac- 
 count of the said Elbert Anderson, Jun. his heirs, execu- 
 tors or administrators. ♦ 
 
 Sixth. 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 issu- 
 ed under this contract, being the property of the Con- 
 tractor, as well as in other property 7icccssarily used in 
 transporting the same, shall b(3 paid for at the contract 
 price of the rations, or the comi)oncnt parts, and at an 
 appraised value of the other articles , on the' deposition of 
 one or more credible characters, and the certificate of a 
 Commissioned Officer when tho same can be obtained, 
 ascertaining the circumstances of the loss, and the amount 
 of the articles fc which compensation is claimed. 
 
 Seventh. That escorts and guards for the safety of the 
 provisionf, 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 dono 
 without prejudice to the service, and the said Elbert An- 
 derson, Jun. his heirs, executors or administrators shall 
 not be answerable for any deficiency of supplies, at any 
 of the said posts or places, if it shall appear, upon satis- 
 factory proof, that such deficiency was occasioned by the 
 want of proper escorts and guards. 
 
 Eighth, That at all stationary posts, proper store-hous- 
 es shall be provided on behalf of the public, for the recep- 
 tion and safe keeping of the provisions deposited from 
 time to time, at such posts respectively; and the Contrac- 
 tor shall suflTer no loss for want of such stores. 
 M?ttk. That the said Elbert Anderson, Jun. his heirs, 
 
 n 
 
 "'^ 
 
 -r 
 
 h I ! 
 
<«4MMI 
 
 86 
 
 executors, or nf^ministratora, shall renrler liis or their ac- 
 counts totho Accountant of tho Department of War, for 
 settlement, at least once in every three months, agreeably 
 to such form as by the said Accountant may be establish- 
 ed and ma(fe known to liim or them. 
 
 Tenth. Tliat all such advances of money as may be 
 made to the said Elbert Anderson, Jun. his heirs, execu- 
 tors or administrators, for and on account of the suppliea 
 to be furnished,, pursuant to this contract, and all such 
 sums of money as the Commanding Officer of the troops 
 or recruits that are or may be within the limits aforesaid 
 in ay cause to be disbursed, in order to procure supplies, 
 m consequence of any failure on the part of the said 
 Elbert Anderson, Jun. his heirs, executors or adminstra- 
 tors in complying with the requisitions herein contained, 
 shall be duly accounted for by him or them by way of set- 
 off, against the amount of such supplies, and the surplus, 
 if any. repaid to the United States, immediately after the 
 exj.iration of theterm 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 re- 
 payod and that if any balance ihall on any settlement of 
 the accounts of the said Elbert, Anderson, Jun. his heirs 
 executors oradminstrators, be found to be due to him or 
 them, for or on account of the rations which shall besuppli- 
 
 cd,pursuauttothisagreement,the.§a//wsAa//*//j»ic6/««^c/y 
 he paid, and that no unreasonable or unnecessary delay 
 on the part of the officer^^ of the United States, shall be 
 given to the settlement of the accounts of the said Elbert 
 bert Anderson, Jun. his heirs, executors or adminetrators, 
 provided, however, that no niembcir of congress shall be 
 afhiiitted to any share or part of this contract ; or to any 
 benefit to arise therefrom, 
 
 IN WIT NESS whereof the said Secretartf of War, 
 for and on behalf of the United States,' hath here- 
 unto subscribed his name, and affixed the Seal of 
 the War Office of the United States; and the said 
 
 n s 
 
 ivV 
 
 '*"^^ln^^HI 
 
 ! ' ■'! ' ' EliJjIl ' iJiil^' 
 
B7 
 
 Elhert Andernon, Jun. hath hereunfo set his hana 
 and seal the day and year first above written 
 
 JOHN ARMSTRONG. 
 (Seal U. S.) 
 
 ELBERT ANDERSON, Jun. 
 
 Signed sealed, and delivered ) 
 in the presence of \ 
 
 D4NIEL PARKER, ^ 
 
 GEORGE BOYD. 
 
 Whereas by a certain ajrroement marie on the 25th Voh 
 uary eighteen hundred & thirteen, Between JolmW 
 etmng, Secretary at war, and Elbert Anderson Jun nf 
 of State of New-York , it was stipulated tttS/a.a,:! 
 ofProvision maybe re(,uired of the said Andersori for 
 armies & troops of the United States. Now ttTCe it i« 
 
 an inventory shall be taken as soon as practicable whl^h 
 shall compnse all such su,,plies as slmirhave bee^ acm 
 ally deposited for the United States by virffe of the S 
 Agreement and a cer, ificate of such inspection and inven- 
 tory formshed to the said Elbert Andirson Jun o" to 
 
 Second. That where issues are to be made from «//•/, 
 depomU, the said Anderson or his agent shall be cTedon 
 for that purpose, and duplicate receipts if ven therefor 
 by the saul party of the second part oHiisa.rent emres 
 «ng the quantuy and quality of each article." ' ^ ^' 
 
 imrd. 1 hat the party of the second mi-f „t,„ii 
 count to the United StStes'for all the su^irs w£'sh„lf 
 be receipted for, as in t\io preceding artlle^ZwLt ft 
 lowed hovvever a deductionof twelv^ and a half r^" cen 
 «. a fuU allowance for wastage, leakage and damage of 
 
 tn 
 
 ■•'■I 
 
■ T i:. 
 
 I 
 
 18 
 
 whatever nature, excepting only sucli lossoa as iiuiy he 
 occasioned by fire, water, an enemy, or by the tro())S of 
 the United States. ^ 
 
 Fourth. TImt the party of the second part shall 
 account to the United States for all the supplies whicli 
 ahall be receipted for, a» in the preceding article, issue all 
 supplies as 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 beef, or 
 
 three quarters of a pound of pork. 
 One gill of rum, brandy or whiskey, 
 and at the rate of two quarts of salt, four quarts of vinegar, 
 four pounds of soap, and one pound and an half of can- 
 dles to every hundred rations. 
 
 Fifth. That the said party of the first part shall pay 
 •r cause to be paid to the said party of the second part, 
 one cent for every ration which he shall issue as before 
 recited, as a full compensation for his trouble and ex- 
 pense in issuing the same, the transportation being fur- 
 nished by the Government when the same may become 
 necessary, and always at the public expense within the 
 enemy's country. 
 
 IN WITNESS whereof, the said Secretary of War, 
 on behalf of the United States, hath hereunto sub- 
 scribed his name, and affixed the Seal of the War 
 Office of the United States ; and the said Elbert 
 Anderson, hath hereunto set his hand and seal the 
 day and year last above written, 
 
 JOHN ARxMSTROxNG. 
 
 (^EAL U. S.) 
 
 ELBERT ANDERSON, Jun. 
 
 Signed sealed, and delivered > 
 in the presence of \ 
 
 DANIEL PARKER, 
 GEORGE BOYD. 
 
 I 
 
 wm 
 
ioa as tuny he 
 tilt! tru()|)S of 
 
 id part Hlmll 
 ipplic's which 
 tide, issue all 
 /eral posts, in 
 
 k. 
 
 rts of vinegar, 
 I half of can- 
 
 )art shall pay 
 J second part, 
 sue fts before 
 ible and ex- 
 on being fur- 
 may become 
 10 within the 
 
 'ary of War, 
 
 iercunto sub- 
 
 of the War 
 
 said Elbert 
 
 and seal the 
 
 30N, Jul). 
 
 War Department May 1 7, 1 8 1 3. 
 
 # 
 
 Hir— 
 
 copy ofvW,ieh w.,1 ^^"LS r? Cr^^TT'''. « 
 
 lol'Uive to the kin.l JTLXZ f ^'""' '°«'™cted 
 entitle yo„ to ucroJit for dcplits ""'''"'' ""'='=^^'^^ '^ 
 
 I am sir, 
 Your's, &e. 
 
 Elbert Anderson, J„„. ''^"^ ARMSTRONG. 
 
 Army Contractor. 
 
 CIRCULAR-INSTRUCTIONS. 
 
 0?pT-tTe„rX^rt~n^^^^^ 
 wl.ole number, as per fo "m ~;ed •"''0.,?^ ''"'^^ '!!« 
 signature of tlie senior officer ,vi1f? ' "".'""^•se the 
 company return : butTtbeh^rmn " •'"'""■^•^ «° «»<=!, 
 
 ta-y^'pra'ctiee to embrlee th'v^ir ret rne'I^f .""/'" 
 the contractor will issue the whole or dilih . "='""'"le, 
 company. Attheendofeacl.monfh.l ""^ '° ^^^ 
 
 inserted in an abstract from tr ! * '''""'•"^ «''" be 
 
 endorthe.a/.»<Z..t;i"„ : formanr "'"'"' '° "'« 
 scribed. Ifany extra liquir.oottrnaiT"" P'"''- 
 are issued, the total amount Afi ?• • ^""^ "'^a ration 
 
 tra (if any mu.\te ~^ ^S '^ ?-f //f '''^, ''^- 
 the foot of the provision return Tvtll "^ '^ '''''^'*' at 
 the certificate of the momhlyT.t. acl Tl '" ",'" ^"'^^ "^ 
 marks, should ahvavs cio InJn f„ 1 The column ofr«. 
 • ;:^o *.oo^. on a X^^:^;^^ir^^, 
 
 leT;r«t ntif S^u^^-'^^ ^t eVet 
 
 Officer^tthestatio^ntWrrittL^LtrT^.f"^ 
 
 j-'wvjxi issue 
 
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 IMAGE EVALUATrON 
 TEST TARGET (MT-3) 
 
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 18 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 f(? 
 

 
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 ^ 
 
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i|-'ilf.-i«iirit.i^fiii?TIBrr-ii1>rTTTFS^3^5gaiJM-lW|W*.M 
 
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 !li\ 
 
 9e 
 
 can be inserted in the abstract of rations issued at that 
 post ; but if* no senior Officer should be at the post> yoUj^ 
 will have a blank abstract specially filled for the provis- 
 ions, furnished to troops on the march, and the officer hav- 
 ing command, will »ign the same when you issue the ra- 
 tions. 
 
 l^he blanks are filled up in the returns annexed, and 
 the- days drawn for are four, being as few as are gener^ 
 alii/ drawn for in the regular service ; but commanding 
 ojjicers have an undoubted right to tary the number of 
 dai/s. 
 
 All commissioned Officers whilst in the service of the U. 
 States, are allowed by law, according to rank, a respec- 
 tive number of rations per day in kind or 20 cents in lieu, 
 by the war departn^^iit, for each ration, wliich is designa- 
 ted their subsistence account. If any officer should be 
 stationed at a remote place, where it may be his interest to' 
 draw his subsistencQ in kind, from the contractor, 
 in lieu of money from the war department, or 
 paymaster, it will be necssary to furnish the con- 
 tractor a special return, that the rations are a part 
 of his subsistence for the number of days mention- 
 ed ; or, if an officer should take a waiter from the line of 
 the army, and give him maintenance at his own expense, 
 he can draw rations in kind or commute with the contrac- 
 tor in money, in lieu for such waiter's rations as a 
 soldier from the line ; the waiters' name ought likewise 
 to be mentioned in the return. This, as well as every 
 provision return, must be signed or countersigned by the 
 commanding officer at the post or place where the rations 
 are furnished. It is hardly necessary to remark, that 
 tlie contractor will receive no more for the aforesaid ra- 
 tions, than the general contract price. 
 
 i 
 Your's respectfully, 
 
 ELBERT ANDERSON, Jr. Coniractof 
 
 \ 
 
isued at that 
 he post, you J 
 r the provid- 
 le officer hav- 
 issue the ra- 
 
 nnexed, and 
 s are genera 
 :ommatiding 
 e number of 
 
 vice of the U. 
 ik, a respec- 
 cents in lieu, 
 his designa- 
 er should be 
 lis interest to' 
 ! contractor, 
 )artment, or 
 h the con- 
 ? are a part 
 lys mention- 
 m the Hne of 
 )wn expense, 
 1 the contrac- 
 rations as a 
 light likewise 
 i^ell as every 
 igned by the 
 re the rations 
 remark, that 
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 W^«r Department, 3fai/ Wt/i, 1814. 
 
 Sir — 
 
 to be on h«nd on ,l,e f,r»t of jtc noT Yf,,r'^.^r''''''-'J 
 returns of ti.e same to be made to hi. n ."'" """'"' 
 receipts given by the sto "-ke^.pcrs to ?,"'"'""'«'"' """1 
 traetor. Ti.ese returns LSi', " i n' T''"' 'T 
 f^p .ken and ./.,., u.o provirs w'^rpos^ 
 
 -aKee;^::rti:;^:::;:i;r:::3mr^''""^"'^ '« •>« 
 
 new contractor, orotht^r nti3n i '"^ ^''''"^' ""^il tlie 
 
 I have the honor to be, &c. * 
 
 Maj. Gen. Brown, and to ) ''''"^ ARMSTRONG. 
 Maj. Gen. Izard. \ 
 
 Commanding onLakc Ontario and Champlain. 
 
 (ciRCIILAn.) 
 
 Washington, May IGt/i, 1814. 
 
 dlR, 
 
 ™pply o^f^atufeSef t'n."-' "f -"'™ct for the 
 
 that f y you will eau^fa 1 X abS^e Tof i""" ' '^',"' 
 completed and sio-ned bv tlio^I: ,r °' "*^"*'^ '« ''" 
 
 and you will deliv^erln eno'^t a Mh °"''"'' "' "'^ P°^*' 
 belonging to the eontrSr , fT"'"""'' ^''" ''»'■« 
 Deputy Quarter-MX, niT' , ""''' ,*^to'«-keeper or 
 
 pr.vi.i..,„,,,;,r;Ksi re X' r rT""4 
 
 !i^ 
 
 I 
 
 I 
 
 li 
 
 i 
 
■*• 
 
 >i 
 
 98 
 
 and where received ; those vouchers will constitufe th« 
 contractor 8 credit with the War Oepartnient, a.id will 
 be transmitted without delay to my a(rent at Albany 
 
 You have been required to forward a copy of all re- 
 ceipts you may have given for puhlic promsion received 
 by you or your Deputies ibr i«3ue-particularly HpecilV- 
 ing from wiiom, and what deposit those supplied have 
 been received. It is charged upon you to comply with 
 this injunction, so as to enable me to close up my accounts 
 w^dgive Gomrnmeut credit for such prokiL as have 
 been received for issue. 
 
 As your agency will dose on the first day of .Tune 
 next, you are directed to make out an account current in 
 the form that has been prescribed to you, and transmit 
 the same o my agent at Albany, with your signature at- 
 tached to the same You need not be reminded that the 
 most accurate vouchers are required for expenditures ap- 
 pertaining to public accounts, duly certified by senior of- 
 ficers, and that like vouchers will scrupulously be expected 
 in your purchase and expenditures in behalf of your pr.n- 
 Oipal. With great respect, (fcc. ^ V "■ 
 
 ELBERT ANDERSON, 
 
 T rru -n . , ^^^y tJontractor. 
 
 James Thorne, Esquire, and others. 
 
 Sir 
 
 Washington, May 25th, 1814. 
 
 I have the honor to inform you that I have volun- 
 tarily repaired to this city with a full expectation that mr 
 accounts for current issues and deposits ruler my con~ 
 tract, dated November 7th 1811, and whch expired on 
 the 31st of May 1813, would have been duly audited, and 
 an ofticud report made on the balance of that contract 
 1 have now remained in this city thr.e weeks, anxiously 
 oxpectuig a report from your department on the balance 
 ol lliat contract, as well as a report on the vouchers ren- 
 dered to your office up to the 28th of February 1814 for 
 supplies und«r my contract, dated 25th February, 181g 
 
nstitufe th« 
 It, and will 
 Albany, 
 y of all re- 
 oil received 
 irly Hpecify- 
 pplies have 
 umply '.vith 
 ny accounts 
 ioa as 1juv« 
 
 ay of June 
 t current in 
 id transmit 
 gnature at- 
 ed that tiie 
 iditures ap- 
 ^ senior of- 
 e expected 
 your prin- 
 
 SON, 
 
 titractor. 
 
 h, 1814. 
 
 ave volun- 
 )n that rny 
 r my con- 
 ixpired on 
 dited, and 
 
 contract, 
 anxiously 
 3 balance 
 hers ren- 
 
 1814, for 
 try, 1818. 
 
 I shall repair as soon a« pcMisible to New-York, and 
 •hail bo pleasod to receive suc4, instructions from you as 
 wd enable nie to close with satisfaction all my accoums 
 and as soon as the present contract terminates. 1 shall 
 lose no time ,n furnishing your department an aoroun{ 
 current, in such form and manner, as shaU easily ha 
 prescribed. ^ • 
 
 \/ith respect, I remain your most Obt. Servt. 
 
 rv « ^ ELBERT ANDERSON. 
 
 VVm. Sinnjons Esq. Accountant's Dept. 
 
 (True copy) Peter llagner, Auditor. 
 
 ^IR rr^^ u^ Jackets Harbor, July, 1814. 
 
 SIR. To enable me to provide for the imwidinulsh 
 nsience of the Army of\he United Stat^nS: '"^^ 
 trict. I shall need the whole stock of provisions nurchaT 
 cd by X\.^lateContraclor, and on hind tnZn^tci 
 on the Ut. of June I therefore, ohHgafe myself t^^^ 
 ceivc the same wherever it may haveheen deposited at 
 my contract prices of the ^e^eral component pZts^^^^^^ 
 tions, notwithstanding there may hy an mfdueproZ. 
 Hon of some articles, and a deficiency of otherV Th^ 
 eommanding General of Posts or the Officers of ihe Qr! 
 Mr. Genl s. department, I presume have authority, to dc- 
 liver oyer the articles to my authorised Agents, on Teir 
 gmng the necessary vouchers, which f shall inst;uct the« 
 
 1 conceive my self entitled to all the benefits of this nr 
 rangement as they are secured to me by my contract 
 and his will also preclude all controversy whicrS 
 
 rdtLTd%:r*"^ ^^^ ^-^^-^^^ — ^-^i^- 
 
 lam respectfully, Sir, your ob't. servant, 
 1 William Simmons, Esq. Accountant War Dep't. 
 
 • This is given as a copy of the letter callec? for rrom Ih* fifp. nf jk- m . ■ 
 WM written by the late V^m D. f hec v r w thm ftui i,» . J *''* "**'« • >' 
 
 «f E. An.(er,on : it ckarly Thon/thrj/pp.res n L ^1 o ulauaf;^^^^ 
 dacifelothe public iiitemt aud Cheever'g ,^7 '^""^^^'P^rti wer««o*- 
 
 N 
 
 
 
•i 
 
 A' 
 
 ill 
 
 100 
 
 * 
 
 ^.^_^ * ^cio-York, Sept. 21, 1814. 
 
 ilinirotlic lionor to fonvar.l you three Genera! 
 AnstrnctH of provisions, deposited o^ Government, du- 
 rinfif the current year of my contract, dated 2rjtliVeb. 
 1813, m which 1 have char^r,,(| a„(| credited the Govern- 
 ment, with tiic amount deUverod, and afterwards recoiv- 
 •d back for isNiie by my n<rvi\t, viz : 
 ''icheduleno I for Lake Ontario vouchers No. 1 to 24. 
 I>o 2 « CJiamploin 1 13 
 
 »,:? ^"^1 . ^ " N. York & Jj^og Harbor 1 5! 
 
 Ihavohad thosft vo-icliers for transmissiion for some time 
 back, but the ditficulties that occurred atWasbington*de- 
 terred me from forwarding them, I pray you will enter on 
 the examination as soon as possible, and at this critical 
 period it wdl be pleasing to receive from your t>ffice au 
 Icknonrledirment of papers so important to thb t^djust- 
 Uflent of my accounts. 
 
 With sentiments of respect, 
 I remain, <fec. 
 
 „ „. , ,^ ELBERT ANDERSON. 
 
 Hon. Richard Cutts, 
 
 Suporintcndant Gen. public supplies, 
 Washington city. 
 
 [answer to the above t] 
 
 Siip't Gen. office, Washmgton City, Oct 14, 1814. 
 
 Sir— The several abstracts of provisions forwarded by 
 
 you to this office, have been examined ; the persons with 
 
 whom deposits have been made, will be held accountable 
 
 for the same to this office. 
 
 I am respectfully, sir, 
 
 Your most ob*t. serv't. 
 
 RICHARD CUTTS, 
 
 ..,, ^ , „ ^up. Gen. Mil. Supplies, 
 
 Libert Anderson, Esq. N. York. 
 
 of*\./ ttt'^*' "'^'' "° ^ asningtoQ and destruction of the War OiQce in latterf art 
 » September a«ih, 1814. Acknowledges the receipt, &c. 
 
 fx 
 
 *cv. 
 
 » iii w. > ii i ii i >Ai ii !i iii <wi i iM i wii WiiiMiaMM 
 
M, 1814. 
 
 101 
 
 e General 
 mifiiu, (lu- 
 25111 Fob. 
 le Govern- 
 rds recoiv- 
 
 o. 1 to 24. 
 1 13. 
 
 )or 1 5. 
 some time 
 iugton* de- 
 ill enter on 
 us critical 
 • t^ffice au 
 tlib adjust- 
 
 RSON. 
 
 14,1814. 
 
 fvarded by 
 rsons with 
 'Countable 
 
 s, 
 
 Supplies, 
 
 in latterpart 
 
 C„rn,i,ou,la,c. aud nonnacnU or. the claim of 
 SIR, Albany, March 22, I8I4. 
 
 OoHi the (in,,, i, was .n In . ' ^'1'^ ""^•' '"teifst 
 
 will make my note appear ^"tTeliunk.n .7" '""' """"^ 
 the «H (),(«)() hack n^ihi T '^ " ''"''^ "" y"" ''»r 
 
 difficult; in pr^ru^ "v.i, P'""" >'"." ""' ''«^« •«» 
 
 Yours, (fee. 
 Elbert Anderson, Sag. ^^"^^^"^^ TOV/1 JSEND. 
 
 SIR -^fes-IVZ-, XarcU 31, I8J4. 
 
 ^15U,U(K) IS not vet eoniP nn nv i "" ' i^^c, lor 
 .aea«.ountI„o;rd^-Xbted'ri;S;K^r:/2 
 
 I 
 
 I 
 
 '-■"fBF 
 
 
m 
 
 ^ t 
 
 i I 
 
 hi 
 
 7i 
 
 « 
 
 10« 
 
 Uny alone, in behalf of Government supplies exclusively, 
 1 send you the original letter of I. Townsend, of 22d 
 inst. since which I have received from him a letter of 
 Tyth, m which he says, additional drafts have I :^en 
 presented to him for payment on behalf of purchases, 
 «;c. tor J7,qU0 dollars, and not having the means where- 
 with to receive the funds, he has been comnelled to sus- 
 pend payment. Thus, sir, do I stand indebted for dis- 
 bursements in behalf of government rising 175,000 dol- 
 lars. * ^' 
 
 My «cc0unt for December and January, 181 1, is now 
 completed, and shall be sent on in a ieW days ; for the 
 two months they amount' to 191,440. 20 ; and by yester- 
 day s steam- boat I have received almtracts for the month 
 o\i^ehmQ,ry, (exclmicely of the Army at Plattsburs) 
 th^t will make the issue of FoUruary amount to 87.500, 
 making together 278,940.20. # ' 
 
 ^y this statement of that Quarter ending 28ih Febru- 
 ary, was predicated as presumed, amjunting to 288,170 
 dollars, which was 95,000 dollars less than the preceding 
 quarter ; yet for an actual disbursement of 278,940 dol- 
 lars T have drawn only 150,000 dollars. 
 
 One month of the last quarter of my contract expires 
 this day, and with the assurance before me of the pre- 
 ceding quarte/ exceeding 278,94- dollars. Yet I have 
 foreborn to draw on your department for fear at this 
 time of embarrassing t^ie finances of Government, but in 
 the course of a few days I nhall be under the necessity of 
 drawmg at a ftw days sight lor necessary funds to defray 
 the expenses of the current quarter. 
 
 Your's, &c. 
 
 „ ^ ^ , ELBERT ANDERSON. 
 
 Won. John Armstrong, Sec'ry War. 
 
 JIR, 
 
 NewYork, April 20, 1814. 
 
 I have this rlnv ^nrmarAaA fn iX^a^ A /«r>»..«.4^»..4.'^ J^ 
 
 pa tmeiit my account of current issues for th« woath tf 
 
jlusively, 
 , of 22d 
 letter of 
 Lve I ocn 
 jrchases, 
 IS where- 
 d to siis- 
 I for dis- 
 ,000 dol- 
 
 l, is now 
 ; for the 
 y yester- 
 le month 
 ttsburg) 
 
 ' SI'S"". 
 
 1 Febfu- 
 
 288,170 
 
 receding 
 
 ,940 dol- 
 
 t expires 
 the pre- 
 t I have 
 r at this 
 nt, but in 
 jessity of 
 to defray 
 
 SON. 
 
 *^ 159 18 2 
 
 20 064 67 
 2 00 
 
 ;^106 225 85^ 
 
 191 440 m 5 
 
 ^ 
 
 ^297 666 h 7 
 
 1814. 
 
 lOUtll •f 
 
 163 
 
 J- 
 
 February, 1814, aspervoucher (A-) 
 
 No. I to 72. ^ ^ 
 
 fiilitia Do m\ 
 
 No. Uo6. ^^'^ 
 
 Quarter-Master Department 
 
 Amount to 
 
 The Dec. &,Tan. amount forward- > 
 ed on 1st inst. amounted to J 
 
 JIaking a total for the Quarter ^.,d- > 
 ing28thofF<.^bruary l 
 
 In two or three days I shall visif rh^ coof ^r* 
 ment, and .hall have'tl.e honoA^lXw ,,^1™" 
 »on on the adjustment of my accounts. ^ '"'" 
 
 With great respect, I remain your ob't sery't 
 
 Hon. John Armstrong, S^^rfwJ, ^NnERSON. 
 
 True copy.-c. Vandetcnter. 
 
 8ir_I have the honor ifZl^l^o^'A'^'' , 
 
 •nd the additional credit to the a~/if '^''^'A^.S 
 received back for issue of 25.550.05..5 the rece otT'h'T 
 you will dome the favor to acknowledge a„T^ ."i"'' 
 •anietobe placed under examination = ""'^ "" 
 
 _ I have likewise the honor to endosp >m.. „ 
 .ountcurrent for the on.raet >h^ UuFe^^Itl'''- 
 which It IS found a balance due meof tflesonf r| '" 
 there are some vouchers of losses on the Salpf'! '' 
 be furnished, and othet provisions on ham fst J.fni "J- 
 those deposits of which I have given credi to tK 'if 
 Bla'os, m gross thev>Villcon.<ti„„!, „"„?[!.",•!' ">« U. 
 e. i^m... but being anxious to l«vethroffic'iTeTamt 
 

 t 
 
 I 
 
 104 
 
 nation, and a report on my accounts with a view ^o receive 
 the balance, and discharge those dcmiuidw w hu-U soiur of 
 our banks have loaned to me. I havt? lost no time in 
 making up those accounts the balance of which I feel 
 confident the justice and good faith of the government 
 will promptly liquidate. I shall th<M'efore await your an- 
 swer with considerable anxiety, and hold myself in rea- 
 diness to repair to Washington, to give your department 
 every e::pIanation that may personally be required. 
 IJiave the honor, &c. 
 
 ^ i 1^ ELBERT ANDERSON. 
 
 Tobias Lear, Esq. 
 
 Accountant War Department. 
 
 XJcW'YorJc, Octohcr 17, 1814, 
 SIR, — Enclosed you will receive the Quarter- blaster 
 General's receipt for tin; provisions placed on board of 
 boats in the descent down the St. Law/enoe, 1813. As 
 this was made only a charge iu kind of my account of 
 deposits for Lake Ontario, forwarded 22d August, 1813, 
 it was omitted to be sent to you. The receij)t given to 
 the Quarter-Master for this provision is likewise a nom- 
 inal charge against me ; tlie amount lost is the real diflbr- 
 ence, and is the only amount carried out against the Uni- 
 ted States. 
 
 In the balance as stated by me araintst the U, States 
 in general account current, viz. 203,00 1.53 2 dollars there 
 is 16,843.75 dollars under the head of contingencies, a 
 part of this arises from the augmented price of the ration, 
 and the other in violation of contract and damage done 
 me by the interference of late major-general Wade 
 Hampton. The correspondence on this subject is on 
 the files of the War Office. In making up my accounts 
 1 have studied to conform to the rules and regulations of 
 tlie accountant's department ; my agents may, in some 
 instances, have departed from tlie rules laid down for 
 their government, but \ trust in those cases, if any, the of- 
 ficers of government have been to blame ; some iirnorant 
 
 ""■^^Sr^. 
 
receive 
 li sonw of 
 time in 
 cli I feel 
 .'eminent 
 your an- 
 If in rea- 
 partmeiU 
 
 3(1. 
 
 3N. 
 
 1814, 
 r-IVtaster 
 board of 
 13. As 
 ;ount of 
 St, 1813, 
 given to 
 I a nom- 
 al dillbi*- 
 the Uni- 
 
 . States 
 irs there 
 ncies, a 
 3 ration, 
 ^e (lone 
 Wade 
 !t is on 
 ccounts 
 tions of 
 n some 
 iwn for 
 , the of- 
 rnorant 
 
 US 
 
 of their duty, nnd others pleadino- hasten n^.. 
 march, or clum-e of station. '' "^^^^^sary to & 
 
 liiave the consolation to believe ihnt ,'« r 
 
 Imlfyears' service un(ler three difibremhenH ^^1 ^"i'^ * 
 department, I have di.characd Lfn.,, ''^^ ^^ ^he War 
 
 with zeal and i^clelity. In cxpr^^^^^ P''''^'^ "» '«« 
 
 poir to Washington with uehl S! ^J^^^ngness tc re- 
 Touchers as I possess, and to ^ive ne^Sl" ""f"^'^'' 
 (If any are wanting) I consult the m^n n^? • ^.^^l^^^^^^on 
 may be derived, and the convenTerTe? V ^ ^'^-'''^^"^^^^^ 
 a final decision to my account rmy..eTli;^^^ 
 grot the I(xss of time, nor the exner s^ Jt ! -n ' ''*" "^^ »'c- 
 will cheerfully repair to yo r oKv ^' ^'^^ '"^' ^"^ 
 
 Fovideditwiilb(!^converi.ru?o yoXt^^^^^^^^ 
 
 tion re(|uired. • j"" lo give tlie exainina- 
 
 With consl.leration of personal resnnrf r . . 
 
 honor to remain your ob't servant, '""''' ^ ''a^o the 
 
 ^ Hon. Tobia. I.oar, Aoc't Wa^rfe,'^"^^^^^^- 
 A true copy otthe original on file i„ |,,is office. 
 
 J'etcr Hagner, Auditor. 
 
 ^""-York, Oct. 26, UH. 
 SIR, — My contract for the snnnl,, „<• .■ 
 tro<.p8 of the United !r<tate" r^w thfn^.l "''"'""^ *» ">e 
 
 York and the CVmadns) »'„! ^x'L 7 ".""-" "'" '^''^- 
 ation on the 31st May las, r L'eT, ^^ !'" "»'" '""it- 
 up my accounts for sumiieV 'mler i"*^ '™" '° ''""& 
 have furnished the accV^n t, „t "rtl^":' T"/™'^'' ''"^ 
 with vouchers and account cur em i„ ""','''''P'»-"neiit 
 a balance of ^263,004 53 2 da^'e ,Vt:'' "rri'"*-'"? 
 •onsiderable regret I find that the p csLro ^f !''"'' 
 w tlie accountant's department isVo ^re 1 1 '"'""'''* 
 to exclude the possibilty of his reporting nf ''''''"' "" 
 mv claims so .si could come .nZSorw, ,^ "'"■'? f 
 balance duo. me, which would C^'ZZ:!^^}'^ 
 ^^^ «.« «em<uw, wiueh have grown out of tlm7co„°: 
 
 ■# 
 
 I 
 
 (r ;l 
 
 I; 
 
 t 
 
'''i£ 
 
 i i 
 
 f, 
 
 I 
 
 1C6 
 
 tract, and likewise to pny the honvy neeoi..()(lnti(infl now 
 duo to the Banksof Allumy for tho ionns hnd ofth(;rn for 
 those supplies whicli I hope were providentially hii<! up 
 , and ir-mc to the subsiytence of the army, until this late [m- 
 nod of the campaiirn. 
 
 The Superintcndant-General of public supplies, has 
 taken up the examination of all my deposit abstracts, and 
 has advised me that these vouchees have been duly ex- 
 ammcd, and the persons who have receipted for the pro- 
 Tisions are held accountable. 
 
 As soon as the present contraator entered on the du- 
 ties ot ins office, he had the forcsij^ht to see that he coidd 
 not supply other than from those deposits which hnd beea 
 ma(h3 by his predecessor : with this view the Tfono a- 
 ble hecretary wdl perceive the necessity of brlni? provid- 
 ed with the amount of my claim, but knowinij (ns I have 
 known) the low state of the public treasury and themvat 
 increasing wants of the Governm.^it, T have forbotlo t<i 
 draw on your departmerit, but nmst now discharrn* th(> 
 obligations due to my creditors, as the period of payment 
 ^■as only protracted until my accounts could be condens- 
 ttd and forwarded to the Government. 
 
 I therefore have the honor to draw on your depart* 
 ment for One Hundred and Fifty Thousand Oollnrs, i« 
 favor of W. Fish, Esq. Cashier, atsicrht, and Fifty Thou- 
 sand dollars at 15 days after date in favor of VV.'Fish.-^ 
 One of these drafts I ouolit undoubtedly to receive i» 
 cash, as Treasury Notes are now below par three to four 
 per cent ; but if no money can bo received, I must con- 
 tent myself with the alteruative of Treasury Notes, and 
 Buffer the loss. If in dischar<.rin«T my duties as contrac- 
 tor, I have been instrumentally serviceable, I shall- re- 
 joice, and it will be my best consolation to receive your 
 approbation in what has been done, or in recciviniryour 
 future commands in any thing that may yet be done, t» 
 servvi the Government in those tryino- times that call for 
 the exertions of all. I am respectfully, &a\ 
 
 „ ^ ELBERT ANDERSON. 
 
 Won. Jas. Monroe, Scc'ry War. 
 
ions now 
 tlh'un for 
 J' iai<i up 
 s late |ju- 
 
 »lies, has 
 acthJ, and 
 duly ex- 
 ' the pro- 
 
 1 the (Ill- 
 he could 
 ind heca 
 T!on(va-* 
 If provid- 
 is I havft 
 hem-oat 
 homo to 
 nrtrr th» 
 payment 
 londens- 
 
 depnrt- 
 liars, ift 
 y Thou- 
 
 Vish 
 
 ceivo jm 
 ? to four 
 iJ8t con- 
 es, and 
 'ontrac- 
 hallre- 
 ve your 
 no- your 
 one, t» 
 
 call for 
 
 JON. 
 
 107 
 
 War Department, Oct 81, 1814. 
 
 As soon as your accounts are acted upon and spttl^,! 
 
 went of wliioh, no tunc will be lo«t, any balance thlh 
 may be due you shall be promptly paid. 
 
 It IS impossible to nrcept or pay your draffs nnfil « 
 setilement of your accounts is made ^ ^ """' * 
 
 .e/yunt? "" '""""' '" "^^ ^-^V^^tfi'lly. »ir, your ob.dient 
 Mr. Elbert Anderson, late Cont^.^ W^'"''- 
 
 New- York, 1 a Noy. 1814. 
 
 I rcceiyed your letter of the 31 st ult. in due cour<,P 
 From the tenor of that letter, I indulged the honn^!,' 
 
 KS.tnft""^'''^ ^¥' have beetsetrd t- 
 lore the I5th mst, when my draft on you for 50,000 dol- 
 lars became due, and it consequently honored or that 
 they wou d haye been in such stite o/forwardnes/al to 
 haye justified your payment of it, especially aH is n« 
 
 uushope, 1 have been chagrined by the mail of vestPr 
 daybnngmgme a notice of protest. InSpainfarsi 
 uation, I must beg leaye to say, that althou-h 1 haye en 
 to rehance on the faithful fulfilment byle Goyer"-' 
 ment of tts contracts with me,* I may not be abHo b- 
 fusc the same spirit into all those vyho are my cred °o " 
 and who haye giyen me that credit in eonseZ>nce of my 
 preyious punctuality. Notwithstanding the freedom^U^ 
 which I thus express my feelings on this subject, I beg 
 
 ' K 
 
108 
 
 W to assure you that 1 fully roly on your promise, that 
 no tune shall bo lost in the sotllouKnU of my accounts 
 and that tho buhinco will bo punctually paid. And if I" 
 could further be informed when that time ia likely to ar- 
 rive, It would greatly obliiro me. 
 
 I have the honor, &c. 
 
 EDVVAUD MITCHELL, 
 
 •• , ., ^ Attorney for Elbert Ander8on. 
 
 Hon. Jas. Munroc, Socry War. 
 
 SIR, 
 
 Department of War, ArcovufauVs 
 Office, March 10 Ih, liJ15. 
 
 Your accomit for supplies furnished under con- 
 
 tract dated 7th Nov. 1811, has thia day been adjusted, 
 and a balance found due thereon to the United States of 
 one thousand eight hundred and thirteen dollars, and 
 thirty-one cents, which stun will be carried to your debit 
 m account under contract of 25th Feb. 1813. 
 
 The aforementioned balance dilfers from your state- 
 ment in a sum of ;$'27,9i0 CkS-IOO, which you will find 
 fully explained in a statement of differences herein clos- 
 ed tor your govcnment. 
 
 I am with respect, sir, your ob't serv't, 
 
 FIT . A ^ r. TOaiAS LEAR. 
 
 Elbert Anderson, Esq. 
 
 Department of War, AccountanVs \ 
 Office, March 14, 1815. 5 
 
 Sir—Your account for supplies furnished under coil- 
 tract, dated 25th February, 1813, has this day been ad- 
 justed, and a balance found due you thereon oUne hun- 
 dred and eighty-one thousand, two hundred and forty- 
 thrcedollars,andffitj-seven cents, which sum has accord- 
 ingly been reported to the Secretaiy of War for payment 
 
 Ihe aforementioned balance differs from your state- 
 .,, ,, ,,„,„ ^.. ^^i^o^^^ 'iu-iui;, wnicii i» iuiiy explain- 
 
iac, that 
 coounts, 
 Uul li't 
 ly to ar- 
 
 ELL, 
 
 ulersoii. 
 
 or con- 
 (Ijusted, 
 tales of 
 irs, and 
 'ur debit 
 
 ir state- 
 ^'iIl find 
 sin clos- 
 
 2AR. 
 
 ler cori- 
 een ad- 
 ne hun- 
 i forty ' 
 ayment. 
 r state- 
 explain- 
 
 109 
 
 ^Itlc^nf "^"^ ^' ''^^'^^"^- ^---^^-cd for you, 
 I urn witli respect, sir, your ob't s-^/v't - 
 Elbor. Anderson, E.q. TOBIAS LEAR. 
 
 EXTRACT. ^ 
 
 Sir rr.r.f 11 ^''"^- ^ork, March so, IS15. 
 wiR,— .Conformable to your reniif^^t f «^, »^'^^^' 
 
 p.™. .,r,i,. w„;, ,£;;2S Slt.^' ' """" 
 
 1 lie balance now claimed is, as I boforp ^tnt'^A r 
 plie« furnished previous to I«t ^f J, ne isl f •^'^A^^^^^P- 
 asked of the JuLice of the Unitll S;U^'okvVSt^ 
 if in treasury notes, to bear even date with the Hf^l* 
 tracted, or at least, to bear date the 27fTnJ7yf''T 
 
 wh.ch was paid but protested as shewn to CbvW 
 
 ^f^tTJ " "'■''•'"'"■' '"'"• " conscious of havin-T ran- 
 aered " some service to tlio atntp " i„i,..ii * 
 
 nor do I tbinkyou wis to Inv'e ^v l"'^'"' T"'?"'' 
 
 I have the honor to remain 
 
 Hon A. J. Dallas, Sec. of War. 
 Washington City, 
 
 Sir— A k;]] 1 , (Georgetown, Nov. 2d, 1814. 
 
 cr»tir7of W T'J }]I /^"'•^^^^on James Munroe; Se- 
 
 TsU Lf2'n';f; '^?? dollars, dated 27th Oc ober 
 
 terted'arfcl!?!:^!^ '-^^ has been pro- 
 
 - i....;^. „, uic i ifc'waejii, JUirectors, & Co. 
 
 i ! 
 
 I 
 
 4^ 
 
 
p 
 
 lit 
 
 of the Bank of Columbia for non payment, and will b« 
 returned to them. 
 
 Your's, &c. SAML. CRUSE, for 
 
 W.SMITH, Not. Pub. 
 
 The bill ftr 50,000 dollara at 15 davs date, was likewise proteiteH ia 
 due (orm ; copieiaud ceiiiiicaiea ol ^lotcst forwarded by W. kuh, Esq. 
 cashier. 
 
 (Extract) 
 
 SIR, 
 
 NcwYorky April 12, 1815. 
 
 I now have the honor to advise you that W.Fish, 
 Esq. Cashier, will receive the amount in Treasury notes at 
 the par value, fundable at 7 per cent, agreeable to the 8th 
 section of tha law passed 24ih Feb. 1815, for the issue 
 of 25,000,000 for the benefit of the public creditor ; under 
 this section of the law I must consent for the present to 
 rcceire payment : But in receiving Treasury notes in 
 payment, it is not to be understood that I am debarred from 
 a just nnd equitable claim for interest that has accrued 
 for the advances made to governm«nt, for the subsistence 
 of armies of the United States. 
 
 I hare the honor to remain your ob*t serv't, 
 
 ELBERT ANDERSON. 
 Hon. A. J. Dallas. 
 
 (Extract.) 
 
 New- York, May 1 5, 1 8 1 5. 
 SIR, 
 
 I have a well grounded hope that you will now 
 fulfil the pledge made by the Hon. James Monroe, i« 
 his letter of 3 1st Oct. 1814, and extinguish this claim, 
 by giving 6 per cent stock at yotir offer of 95 of debt for 
 100 of stock, or give me the amount in Treasury notes^ 
 
Ill 
 
 •re wiiling to ro^ei.JTfZV^l^l^f^tX^^ 
 
 will do mr.'h. f "''"."'"og""!"' «" 'I'e Oovernme„t,t vol 
 w II do mo the favor to state n your reelv tlic irrnnn.i 
 which I may hope for a settlement. ^ ^ ^ ""'"^ °" 
 
 Hon. A. J. Dallas. 
 
 E. ANDEKSON. 
 
 of funds at the treaJurv b, t frn^ .1 r"™ "'® """" 
 
 «Ppropriation. l^e LretlTo v7""' "^""/'''''""'''^ 
 
 I was unaware of tlie state of wf ? ' "^' """"'n'r. 
 Hence, when I sai, LtTlt^i^i^LWT'^i-'""?- 
 ed at par, or at the rate of 95 poi cenf i^nffn ' ?''^"'"'- 
 that it should be legally paid or f,,ni,l r °"'y "«'»" 
 
 wasanappropriatiof to^amhor-ze it. ' "' """^ 
 
 Hoo. Secrelarr after recent "f^if ""''"We. It »il! be Men ihat Ihe 
 .ion ,or .ulH,i/e„ce" a7Sci°„, ' " '"''°""'' '"« '"'"PP'opm- 
 
 jif 
 
MMI 
 
 if-, 
 
 11« 
 
 But the Act of Congress, respecting the issue of treas- 
 ury notes, has been misunderstood. It docs not author- 
 ize the payment of claims in those notes, beyond the 
 amount of actual appropriations. It only authorizes a 
 payment in those notes, wjiere the debt is ascertained ; 
 and an appropriation for payijig the debt has been mudo 
 by law. Mr. Anilerson's debt is ascertained ; and it 
 could be paid in treasury notes, or it might be received 
 in subscription to the loan ; but for the single constitu* 
 tional reason, there is no law that appropriates money to 
 pay it ; the general appropriation being exhausted. 
 
 An effort is making, in a lawful manner, to enrich tho 
 appropriations ; and the Department may be able, not 
 only to subsist the Army for the current year, but to pay 
 off, at least, a part of the arrearages. On this ground, 
 however, nothing is meant to be promised in Mr. Ander- 
 son's case, more than in numerous other cases, greater in 
 amount, if not greater in h(^rdship. 
 
 6thj June 1815. 
 
 I 
 
 Sir— 
 
 War Department, June 20th, 1815, 
 
 On the 15th of March last, a warrant issued in 
 your favor, agreeably to the certificate of the accountant 
 of this Department, for one hundred and eighty-one thou- 
 sand two hundred and forty three dollars and 37-100, the 
 balance found to be due to you on your late contract ; 
 the payment of which has only been delayed by the want 
 of funds to meet this item of Army expenditures. When- 
 ever an appropriation shall be made by Congress for the 
 .subsistence of the Army, and which no doubt will be one 
 of the first acts of the approaching season, your draft in 
 favor of W. Fish for the above amount, will be duly hon- 
 ored by this Department. 
 
 I am, sir, very respectfully. 
 
 Your obd't servant, 
 
 A. J. DALLAS. 
 Elbert Anderson, Esq. — Late Army Contractor, JV. Y. 
 
'•'TS-imnk.mm 
 
 IIS 
 
 Department of War, 10 July, jgjg. 
 
 li 
 
 SIR, 
 
 Elbert AnJer.o„ the muMhiT.",''^''' "f "= '"''""'o 
 dred ,,nd fifty.,,,, dollars an?4r,nn""^""'' ««^''"''im- 
 dol lars of whicl. can immedla i|v ll '• [T^ "'""^ond 
 Baltimore,* and tl,e rosK^ue wf'; h! '^7'^ ^ " '''■''" «» 
 gress «lmll make the neiessarv L '""•' '^''^"^''er Con- 
 
 I Imve tile honor to U^Z ^ "PProprintien. 
 .ervunt, '^"°' '° ^^ "'"r re.pectfully, your obedient 
 
 E. Ander,on, Esq. New-York. ^^*^' ^"^"AM. 
 Sir- Department of War, 12th July, ms. 
 
 by c°.'o«K:fe„varfo'r i'i'« •^r"--* 
 
 there ..due you seren thousand hi i."","'^ "*'5, that 
 ty nine dollars and thii-iv ft.? "^^ hundred and eigh- 
 
 comract, which w II M"/«f"'«. °" "ecount of y?„ 
 "■ake the necessary apprSLT"" "' ^""^reaa Jhall, 
 ^liave the honortobe, 
 
 With great respect, 
 
 Your obedient, 
 
 Elbert Anderson, Esq.-N. York. ^^^' ^^AHAM. 
 
 (Extract.) 
 DEAR SIR, ff'aMngton, llth July, 1815, 
 
 ment«havebI^'n^epoTed'i„^S" ?'''«««veral settle- 
 •Ppropriation for the sub^s,tL. r?^''"""" ' ^"'»« *« 
 f^usted, I don't think it wml ''^ "'^. "T^ '« °«"ly 
 .^.ni;;;^^-;;^..,. " '"" ''^ P'-'«=t.cable for you to 
 
 "«« .P«« „. ,i,.10,i.i„,;;S«"' "'°""" """k P'Per of K.„.Vo,t, „d 12 
 
 y 
 
 (i 
 
114 
 
 o1>tnin full payment of your debt until now nppropriationt 
 shall liava btjeu made by (njuirross. But if full payment 
 shall tiot bo miulo bofuri this timr, I think tkrrr is no 
 douht but Congress will provide for the indrmnijication 
 of the creditor ami especially where essential eorvieoi 
 have boon faithfully rendered. 
 
 With proat roHjwet and esteem, I am, dear eir, your 
 moRt obedient servant, 
 
 E. Anderson, Esq,. TOBIAS LEAR. 
 
 (Extract from the Protocrl,) 
 
 New-York, Ai^irmt 22, 1 8 1 5. 
 
 SIR,— Tn the bejiinning of die present month I lunl th# 
 honor to uu jross you on the subject which occupied our 
 oonvcraat'iOn when last in Philadelphia* 
 
 Confonnabl* to your wish 7 forbore " to embarrnas yonr 
 mind," but proceeded to New-York in expectation of 
 hearing from you, which I understood would be in a week 
 or ten days from that time. Heretofore my faith and 
 patience has suatninwl mc in the disappointment I have 
 so often recf^ivcd from the Department since you have 
 had the honor to preside. 
 
 I am aware of the multiplicity of your duties, and your 
 Treat exertions to relieve the finances of the country, but 
 sir, may I not reasonably ask if no attention is due to ser- 
 vices long and faithfully performed, an those which my- 
 self and colleagues have rendered the (Government in 
 the most critical times. 
 
 1 therefore again have the honor to solicit from you an 
 oarly reply whether or not I can be paid in the current 
 ifp. noy of N. York or in Treasury notes at par, any pro- 
 v 'tion of the great balance now due, as may be within 
 your power as Secretary of the Treasury to grant. 
 
 I pray you to consider the freedom in which I address 
 you, as not incompatible with the respect I have for yQU 
 
 personally. . . . 
 
 I have the honor to remain vour fellow-citizon, «c. 
 
 ELBERT AJNDEKSON. 
 
 t 
 
 TT - 
 
 jion. 
 
 1 ■n.,ii^« 
 
\ 
 
 riationt 
 tiytncnt 
 r is no 
 icaiion 
 ervicoi 
 
 ir, your 
 
 :ar. 
 
 1815. 
 ha<^ tht 
 iod our 
 
 isB your 
 Ltion of 
 n week 
 ith and 
 : I Imve 
 lU havo 
 
 nd your 
 try, but 
 to ser- 
 L*h iny- 
 ncnt in 
 
 you an 
 
 current 
 
 ly pro- 
 
 within 
 
 iddresB 
 for jreu 
 
 &.C. 
 
 ON. 
 
 115 
 
 Kir ir ■'^''"'■"'"1 ^'/'"^'mfnt. April nth ^nt<- 
 
 •»"li (or KM) ,|„||„r„ :,, „,,„.. , ''- """■'""iiry ii.tOB and 
 
 I ""•. very rcnpecCully, l^l yZ ll^tj:!^ '''"'"»"•• 
 E. An(ler.on, Ksq. N. York. '^^ ■*■ ^^^'^A®- 
 
 sir~Y„,.rTrr:;i!:vf ir''::''''. -^r""" '^' ""•>• 
 
 t"l<l explicitly, ilmt „" '•^"'""■'' ' ^"'1 I1.IVC Imoa 
 
 J ""' v.^ry r,,«,,oc,/„lly, Si^. y,^, X, '™;';,^ 
 
 Mr. Elbert A,„?orson. Now-V„rk.'^' "'* ~^^^^^- 
 
 }, certify tl,mir"w« tC'"'';?' ^""" •'"' 9- '"SS- 
 
 er.|.t«fro„ul,c rccordVol ull^offit^" "" '"'""'" '"'"«' 
 
 VVM. JV. CRAWFORD. 
 
 co««.l.rablc delay w id? t';?!,^''" ",' '="".«e.|u<,nce ,.f , 
 payment of mydnd-t i fi v w'w K !' ""r"' '!'« ."^-"Pt 
 n»ce roportc.l i„ „,y f„v„r v .1,!" ' ''"'• '*"■ '■■"' "•"'- 
 
 Ij" "■me since it wn.s report vlTi ' "'" .'""•■•■«■'" "*' ""« 
 dollorn ; ,ny contract eXl' I "'""•'.v ten tliousand 
 Government nix per cent on M 'I ""'""""* '" W "'« 
 
 on settlement. Will '," at T'' '°""'' <''"^ ''"'"> 
 .^ ..ot a ju»t and „eoe»„ury principle 
 
 __ 1810, JOlli Anfll n a i ■ * 
 
 w ^2p,v„,;f/;';;;„,^,/-k^.;-i;_.ord „, „ ,.4 
 
 I>er cent, idth Mh" » 
 
 ■.r; 
 
 1 
 
 i 
 
s^msM^^im^ 
 
 I 
 
 •>' 
 
 I 
 
 
 116 
 
 •f reciprocity call on Coiif^ross to mnke the rule alike ia 
 favor of tJic public creditor.* 
 1 rem lin your obedient Hervnnt, 
 
 EL13EUT ANDERSON. 
 Hon. A. J. Dallas. 
 
 Loam itiade to haiah Touiisriid, by the New- York 
 
 ^tale Bank, 
 
 Amount, 
 
 1813, March 31, 
 " June 23, 
 " Jukj 7, 
 '* " 21, 
 « " 28, 
 August 4, 
 
 11, 
 
 25, 
 
 1814, February 23, 
 iW«y/ 4, 
 
 18, 
 Jirewc 15, 
 August 17, 
 October 19, 
 December 21, 
 
 1815, February 22, 
 ^7>ri7 jy. 
 
 
 (( 
 
 ;^ 1 0,000 
 
 10,000 
 10,000 
 10,000 
 20,000 
 20,000 
 20,000 
 20,')00 
 60,000 
 25,000 
 50,000 
 50,000 
 50,000 
 50,000 
 50,000 
 
 5(),0(;o 
 
 50,000 
 
 m 
 
 32 
 G6 
 
 1816, February 13, interest paid on the 
 last note from 2 1st June I8i5, to 8th 
 February, 181G, 
 
 Discount, 
 ^56 06 
 56 
 108 
 106 
 210 
 213 
 152 
 113 
 330 
 125 
 300 
 533 
 533 
 525 
 525 
 525 
 5i53 
 
 32 
 68 
 32 
 
 30 
 30 
 
 #1,941 
 
 30 
 70 
 
 #6,889 22 
 Loans made to John Toic7iscnd, by the New- York State 
 
 Jiank. 
 1813, 3Iay5, $20,{)00 #110 
 
 Sept. 29, 40,000 420 
 
 Oct. 0, 40,000 420 950 
 
 
 7,839 22 
 
 * l( will be seen by Ibr? lOlh article of the Contrfld, that if any balance is due the 
 gove' iiM.enr, iiie inti re;i hi i hospects back lo the lime tUe contract expired, ulthougb 
 tlie debt should sub$eijucitily bu uscuvlaiiiKd. 
 
 h 
 
3N 
 
 • 
 
 -York 
 
 count. 
 
 >6 
 
 06 
 
 )6 
 
 66 
 
 m 
 
 32 
 
 )G 
 
 66 
 
 
 
 
 13 
 
 32 
 
 )2 
 
 68 
 
 13 
 
 32 
 
 30 
 
 
 15 
 
 
 JO 
 
 
 33 
 
 30 
 
 33 
 
 30 
 
 25 
 
 
 25 
 
 
 25 
 
 
 [53 
 
 30 
 
 117 
 
 iVcwj-For/^ iSte^c 7?awA-, Avg. 2, 1823. 
 
 I certify that the preceding is an account of sundry 
 loans made to Isaiaii Townsend and John Tovvnsend by 
 the New- York State Bank, at the periods above specified, 
 with the discount and interest paid tiiereon ; which loans 
 were then represented by the borrowers, and were un- 
 derstood by the Bank to be for the purpose of carrying 
 into elfect a contract mach) by Elbert Anderson (in behaff 
 of himself and his associates) with tlie Secretary of war, 
 for supplying the United States army with provisions. 
 
 JOHN W. YATES, 
 Cashier of the New-York State Bank* 
 
 Treasury Department, Rcgr's OMce, Oct 9, 1823. 
 SIR, 
 
 In compliance with your request of the 6th instant, 
 I have to refer you to the following statement of the 
 manner in which the several drafts on the Secretary of 
 War, therein referred to, were paid ; whether the Banks 
 upon which the Treasury drew, in payment of your bills, 
 did, at the time redeem their notes in specie, cannot be 
 ascertained from the records of this office ; neilf«er do 
 they exhibit any information as to the relative value of 
 Treasury notes in other parts of the United States ; those 
 issued at the Treasury were considered as at par when 
 issued. 
 
 I am very respectfully, sir, your ob't serv't, 
 
 MICH'L NOURSE, for the Re^'r. 
 
 Note. Tliis certificate was exhihitfd to show thai the joint capital of the con., 
 tractor and liis associaies was iiotsuliicieiil to make the necessary advances 
 
 The demand of interest grows out of an ascertained debt, and accounts fiirnish- 
 ed by the creditor; and interest can be c'aimed by nsaee »>r without the usai;e of liie 
 War Depaninent, and it was so stipulated liy my proposRls, I was to possess (he ne- 
 cessary funds J these funds had always iieen yiveri tliree mori'hs in ad aine, uiitil the 
 fiscal concerns ol the United States in lbi4 became deriin«;ed. I he imensi from the 
 time the parly had a riglit to draw (three months ia advance) isrccoeiuzed iu the 
 deciaionofSecretary Crawford, of 2 Jan. 1817. 
 
 I 
 
 t 
 
118 
 
 00 
 
 CO 
 
 w 
 
 CO 
 
 t-4 
 
 c 
 
 
 o hci 
 B3 
 
 a. 
 
 o c o 
 
 ^ :? :g 
 
 B se 3 
 
 «« 
 
 
 CO 
 
 
 CO 
 
 CO 
 
 •^1 
 
 l->4 
 
 
 
 ts 
 
 C'- 
 
 -*.*» 
 
 4^ 
 
 r^ 
 
 '3 
 
 oo 
 
 • 
 
 
 • 
 
 cc 
 
 CO 
 
 Ol 
 
 H^ 
 
 lU- 
 
 r 
 
 en 
 
 Ci 
 
 Or 
 Ci 
 
 
 Q M M en 00 
 
 o o o 
 
 <» a» CO ^ ^ 
 
 C 
 
 Oi CD 
 
 o o 
 
 P 
 
 ^ -. CO 
 •^ '^ I— » 
 
 4^ 
 
 » o no L, 
 
 p 05 S ft) 
 
 ^r 
 
 90 
 
 ' . B 
 
 P 
 
 B 3 
 
 o o 
 
 3 a 
 
 2.3 
 
 * P 
 
 3 
 o 
 
 CD 
 
 
 
 '^ 
 

 3 
 
 
 
 d 
 
 119 
 
 Wo horohy certify thnt upon nn oxaminntlon of our 
 books, It appears tlmt U. S. treaaury notes in tliis nmrket 
 were ' 
 
 y ^," ^^"'ll'' <>^ April in the year one thousand ci^rht hun- 
 dred and fourteen nt [>ar, jinyahle in specie. ° 
 
 On the ein-lite(«nth of April, one thousand eight hundred 
 and fourteen at par, f);iyal)le in specie. 
 
 On the twenty-firih of April, one thousand oiMit hun* 
 dred an(l fourteen, at ninety-nine and one half per cent, 
 payable in specie. 
 
 On the twenty. ninth June, one thousand eiffht Iiundred * 
 and fourteen, at ninety-nine and one half per cent, pay- 
 able in specie. ^ ^ 
 
 On the first September, one thousand eight hundred 
 and hfteen, at eiirhty-nine per cent, payable in specie. 
 
 And on the eleventh day of .lanuary, one thousand eln-ht 
 hundred and sixteen, at ninety-one and forty-three hun- 
 dredths per cent, payable in specie. 
 Mw' Fork, 1 0th Novcinhcr, 1 P.23. 
 
 PRIMK, WARD & SANDS. 
 JVEVINS & TOWiNSEND. 
 
 City and Countij of New- York, ssi.-^On the tenth 
 day of November, one thousand einht hundred and twen- 
 ty-three, personally appeared before me, Joseph Sands, 
 known to me to be one of the firm of Prime, Ward and 
 Sands of this cily, i'^xchanoe Brokers, and acknowledr*-- 
 ed that he had executed f he within instrument in the name 
 of said Firm, and for the purposes tluMoin mentioned. 
 
 O. 11. IIICKS, Coriimissioncr* 
 
 CiUf mid Comity of Nnu- York, s.?.— On the tenth 
 day of November, one thousand ciojit hundred and twen- 
 ty three, personally apf)eared before me, Russell II. 
 Nevins, known to me to be one of the Firm of Nevins <fe 
 Townsend, of this city, Exchan^re Brokers, and acknow- 
 ledged that lie had executed the within instrument in the 
 name of said Firm, and for the purposes therein men- 
 tioned. 
 
 O. II. IIICKS, Commissioner. 
 
 M 
 
 1 
 

 I2§ 
 
 »m, 
 
 IVashingfon July 11 /A 1815. 
 
 I recolloct rccclvinsr fjio lottor ;i(l(lroaso(] to mo by you 
 while T was in the Depanniciit of War, bc.irinir dnto on 
 tho 4tli January Inst, and am sutisfietl that I assured you 
 
 thiit you should sustain no loss which I could prevent 
 
 J he troops in the Eastern 8l;ites were in great distress. 
 I was.iw.'ireof liie depri-eiation of Treasury notes; it 
 Wiis iiuhspcnsahh' to supply the troops, and it seemed (o 
 be just that, as the government couhl not furnish you 
 vvMh a paper which circulated at par in thnt quarter, yuvL 
 ought to he in<h'tnnifi(Ml against the loss arisin<r from the 
 depreciation.* I considered yo«ir case, at the time, as ren- 
 dered peculiar hy the situafion of the troops, and the 
 exigency of the public service in the quarter to which your 
 contract applied. 
 
 1 am, sir, with great res[)ect, 
 
 Your very ob'dt servant, 
 
 Signed, JAI\iES MONROE. 
 
 James Bvers, Esq. 
 
 True c ipy .—Peter llagner, auditor. 
 
 / 
 
 • "j 
 
 The Accountant in settling the accounts of Contrac- 
 tors for 1814-15, will allow all claims supported by evi- 
 dence of loss sustiiined by payment of interest or dama- 
 ges, in consequence of the department being unable to 
 make the necessary advances. 
 
 Also all losses sustained upon the issue of rations, not 
 rc()uirable by the contract. 
 
 AH claims arising from loss sustained by requisitions 
 not authorized by the contract. 
 
 * This Inter was npplif^d fo the claim of Jan-es Byprs; the principle 
 li()\v>ver IS LMiirriil, iirid shows l he just iuul enli; h:ened views of the wri» 
 ier. Tlif rrt.scoi the pre&rnt claiii.aiil was stronf;tr, and required the pe- 
 '.uliar protection of the U. >ti.tps— his ^lale a»d Ji.trni was the actual seat 
 cl war ; both Soullinn and Northern Frontiers were nien.ueH an.i icvaded 
 by a vindictive foe, and the ronsiani anu untx^jetieU culis lor the JVlililia 
 had to g^ n!€t by iQinrje^iJa.o Ewppiics. 
 
 --X. 
 
 , '■miigj'tnliiii. 
 
i'.*.«i&-^ 
 
 ^h 1815. 
 
 ! by you 
 into OH 
 I'L'd you 
 event — 
 distress, 
 otes ; it 
 enied to 
 lisli vou 
 ter, y(»u 
 oui the 
 , ns ren- 
 uid tiie 
 icli your 
 
 lOE. 
 
 auditor. 
 
 /ontrac- 
 
 by evi- 
 
 dama- 
 
 able to 
 
 ms, not 
 liisitions 
 
 principle 
 the wri' 
 \\ the pe- 
 ictual seat 
 I iiivaded 
 lie Militia 
 
 121 
 
 The Oontrnotor,^. will be required to account for all pre- 
 muun. reco.v.d u,,o,i tlto sale of bil]« negotiated by them 
 on the GoveianiKMit. ^ " 
 
 (JSiped) W.Tf. CRAWFORD. 
 
 Recnvcd hj ike Accoimiant 21tk January, \m 
 from the iSccrctarij of War. -^ ' 
 
 True copy, Peter Ilagner, Aud. 
 
 (Extracts from Pvhlk Doaments.) 
 1 he docLsions of ih(3 War ])e|,artn.(mt, .o called, were 
 wntten ,nstruct,c.ns dinMt.d to the Accountant of^ Ho 
 War Department, to ^rovorn Imn in the settlement of Con- 
 
 m Mr. 1 idtt s case, dated 27 Jarmnry i816, by the then 
 becretary of War, .successor to the one vvi o made Le 
 assurances. ^ "^° 
 
 (^cc report, Platfs case, in public documcnts^p. 8.; 
 
 Tlic first of tliose cliar-cs (viz. for 21,000) is f„r «„ 
 allowance made by the tlicii Sccrotarv of W-,r i„ JL 
 qucnce of Mr. pfatt's drafts on tl.e'civen , ;er"t W 
 protested, say 10 per ct. on #210,000 as a reasonable 
 compensation for t be damages, &c. sustained by he 
 Contractor, from the want of fun,ls, and the deL of 
 
 In point of fact, there lind been dccuiom of the Den't 
 be benefit of wbici. as Oe.:,.iou. had already tcnTx: 
 tended to Mr. I'.att ; such for instance as the dan", ;e, 
 on protested bills of exchange. There had been a 'v 
 ««m also; such tor instance as that for supplies to di,- 
 ^esse, inhabitants. But these were not 'conceded io 
 
 vl' it if •,/n''''''?" "♦ !;"y *■•'»':""« I'o had received. 
 mII ""I'P"*'"'''."^,'' '•"'"I- «" l"»i, i>iit in commcii with 
 all other accounts similarly circumstauced, and a. a mattl 
 
 ^ 
 
I 
 
 . 
 
 a£^os p?irtlciilnrly, wa« 
 
 122 
 
 ofri^uU The rlocision, ets to dam.,, ... ,,..._. „,„. 
 
 a. general decision of the War Department, establlshinff 
 a rule tor tlio accountinG: officer, in all casos.of bills dis- 
 honored and protested, on account of the inability of die 
 Government to pay, embracinir, then^tbre, all protested 
 bills which the parties had a right to draw. 
 
 (Report of if elect committee^ page 8. J 
 
 In the final settlement ofthe accounts of Mr. AndersoB 
 there was upwards of two hundred and fifty thousand 
 dollars due him, but he had no damages or extra price 
 iTor rations, allowed him in consequence of the advances 
 he made. 
 
 (See T. Rin gold's Letter, public document ) 
 
 I am of opinion upcn the witliin case that Mr. An- 
 derson IS justly and equitably entitled to interest at the rate 
 of six per cent per annum, during the period of the 
 delay of payment of the balances declared in his fa- 
 vor. The Ijalnnce due him was by the contract with him 
 to be immediately paid, and he was made chargeable 
 with the like rate of interest for any default of repayment 
 on his part. '' 
 
 ^„ ■ , JAMES KENT. 
 
 Albany, Octoher, 21, 1823, 
 
 hi 
 
 I have considered claim No. 8, and am of opinion that 
 Mr. Anderson has a just and equitable claim to interest 
 only from the period, the balances were officially declared 
 and warrants issued— the claim of interest in my judg- 
 ment rests on a solid foundation — the contract binds the 
 contractor tu pay an intercut of 6 per cent on any ba- 
 lance that may be due to the United States on settle- 
 ment of accounts from the expiration of contract 
 untd paid. The contract provides that if any balance 
 shall bo dur', tiie contractor on any settlement of accounts 
 %c sah'ic t'/iall be immedialeli/ vaid. h will ^M^t b^ 
 
 'i<>-\,i, 
 
 *• i^iMwr^i ^ --i"iy^ 
 
 •4»M 
 
M 
 
 1«5 
 
 Interest on balance official' - declared due, until 
 paid, as set forth in my account before the 
 
 second comptroller 
 Discount on 56,700 DIls. received in treasury 
 
 notes 1 Sep. 1815at 11 per cent is 6237 
 Discount on 188,632,91 received") 
 
 m treas'y notes 11 Jan. 1816, 
 
 at 8 47-100 per cent, is 
 As pr certificates Messrs. Prime, f 
 
 10,000,00 
 
 15977,20 22,114,20 
 
 Ward & Sands, and Nevins & 
 T«wnsend, J 
 
 ;S^67, 739,20 
 
 Note. Had the Government borrowed the above Rum 
 which they were bound to furnish by contract and usa^ 
 It would have co.t them at that time #20 for every hunl 
 
 onloo «or'^' ^- ^'^''' ''''^ *^^^"^ ^t SO per^ cent 
 on200,«00 IS #40,000 
 
 I 
 
 Extract from the Report of select Commttte on Fiatfs 
 claims, (page 28, session 1824.J 
 
 No. 21 Public Documents. 
 1 he sixth and last item of allowances (^21,000) was 
 for damages on bills protested. I am aware that Gov- 
 ernmentpays no interest or damages in ordinary case.. 
 
 Llirupon.^ ''' '"^^'''^ '' ^' '^"^^ '" P^y when justly' 
 
 v;Ji!!l^"'/^'^ no doubt exists but that Mr. Piatt had a 
 nght to draw, and that the Government could not pay. 
 The act passed for Mr. Piatt's relief, required the accoLt- 
 ing officers of the Treasury Department to settle his 
 claim upon just and equitable principles. 
 
 1 he universal practice and laws of nearly the whole 
 civihzed world has settled ic as a just and equitable 
 principle, that the interest and damaffes should folln^ « 
 protected bill. The second Comptroller did not Think 
 It just and etjuitabl© to allow interests and damages, and 
 * # 
 
 •••^A 
 
 * * 
 
126 
 
 hT.l^!^n *■'? ^r'^""^ T'" ^"* ^^'^^^ cost of the rations. 
 K IS also said, that no damages were paid by Mr. Piatt 
 1 Ills 18 a question never asked by tlie drawer of a bill. 
 
 Jie fact ofabdl bein;? protested, is always considered 
 asofequivalentdamaoetothe hohler to tlie amount al- 
 lowed. 1 hKs Item was considered as an allowance on its 
 own merits; it did not more than remunerate the Con- 
 tractor tor the damages sustained in having liis bills pro- 
 
 OPINION. 
 
 thi^nr'^'''??^'^''' ""S^^e^^sary delay on the part of 
 the OlTicers of tlie United-States, was to be iriven to the 
 
 settlement of the accounts of Mr. Anderson. This was 
 in7enoT!r T'rT'^ "' '"' '^"''•^'^«^' ""^ if it had not been 
 vhh '^ M rr'''^^'""^'''^^''^ not duly passed upon 
 whicasonabe diligence, he ought not to iutfer by the 
 dtlay H,« cla.m for interest upon the balances found 
 
 v^orJTi ^^^'^'Vr^'^'^T'^^ ^''^^ ^^'''^" '^'^ accounts 
 weie rendered and the vouchers furnished) from the time 
 
 t'lW-rf l'^*'.^7r' ^'1"" ^''''''^ upon, appears tome 
 veiyjustaid eqmtablo; I am of opinion, therefore, that 
 he is entitled to interest according to th^ within claim. 
 
 .n ^ JAMES KENT, 
 
 Alba7iif Oct 22, U2S. 
 
 I have coiisulered Mr. Andorson's third claim upon the 
 Cxovernmcnt, founded on the delay of the accountant to 
 settle and report upon his accounts which he alledffes 
 wtre furnished, supp.,rte(I by vouchers, in the manSer 
 and form requi red and at regular periods. In the nature 
 of things, as well as by the understanding of the parties, 
 advances were to be made to the Contractor, in anticipa' 
 tion to enable h.m to comply with his contract; his right 
 to thes.> a Ivances would necessarily depend upon the fact 
 .n . ^), ,,,^ acuuuiiiH vvuuiu lUstiiv ihein. It 
 is provider by the contract that no unreasonable or im^ 
 
 I 
 
 "«r» 
 
 i 
 
 "% 
 
! rations, 
 [r. Piatt. 
 L bill, 
 iisidered 
 uunt ni- 
 ce on its 
 lie Con- 
 cilia pro- 
 
 I part of 
 1 to the 
 liis was 
 ot been 
 d upon 
 by the 
 s found 
 ccounts 
 he time 
 s to me 
 re, that 
 laim. 
 
 :NT, 
 
 pon the 
 tant to 
 Hedges 
 nanner 
 nature 
 parties, 
 iticipa- 
 s right 
 he fact 
 iin. It 
 or iiD- 
 
 
 I 
 
 i 
 
 127 ♦ 
 
 necessary delay on the part of the Officers of the U. 
 8t"atos shall In; given to to the settlement of the accounts 
 of Mr. Anderson. If this delay took place whereby the 
 Contractor was deprived of his right to draw, three niontlis 
 previous to the expiration of his contract, it musit be 
 manifest that he he was not only deprived of funds to 
 which he was entitled, but that he might have been 
 greatly embnrrassed. In my opinion he has a just claim 
 on the Government for this infraction of the contract on 
 their part; I know of no rule of compensation so free 
 from objection, as the one which would apply in contracts 
 between individuals that would be, to compensate the 
 injured party by payjig him interest on the balance, from 
 the time the amount ought to have been settled, to the 
 period when it was actually settled. 
 
 A. SPENCER. 
 Oct. 27, 1823. 
 
 li- 
 lt seems to me, that the Contractor is entitled to inter- 
 est from the time he had a right to draw, till paid, and 
 also to damages on all protested bills he had a riffht to 
 draw, and did draw. 
 
 THOS. ADDIS EMMET. 
 
 New- York, Nov. 5, 1823. 
 
 Reply of the late Contractor to the remarks made by the 
 third Auditor, on the Contractor's claim for dama<res 
 and interest on the amount officioUy declared due me 
 as per statement : — ' 
 
 ^%P^H^ *^'^*"^ ^^^ ^^^^ reserved in all my letters to the 
 War Department, extending retrospectively to the time 
 that my contract expired— that is, 1st June, 1814 All 
 the services had been performed, and equivalents had 
 been rendered before that day ; and by every rule and 
 usage of the War Department, I was entitled on that day 
 to txie amount then due me. According to the decision 
 of the Hon. W. H. Crawford, of 27 Jan. 1816, the claim 
 
\l '4 
 
 • 128 
 
 olintorest mi^ht be cnrricd back to the 1st March 1814 
 the tunc when it is ackncwlcdrrcd I had a riirht to draw 
 in advance for funds ro(,nirrd for the ensuing quarter My 
 etterof Oct. 27,1814,^^ 
 
 that the treasury rfotes. which was then the only pavment 
 which the Government had it in their power to make 
 
 tttlarf"'??//"''^'-'""^^ ^«^^'-^' bear interest 
 from that day. jf this reasonable request had been lis- 
 tened to, I would have received some compensation for 
 the depreciation of the paper, and delay of payment in 
 he amount of interest at 5 and --5 per cent fro.n the pe- 
 riod the services, and equivalents were rendered-tha is 
 to say, the hrat day of J une 1814. 
 
 My demand under equitable considerations, according 
 tothe general decision of Secretary Crawford, would bf 
 as follows :~Take the amount of the average expendi- 
 tureof each quarter at the lowest sum of 250,000 dollars. 
 
 Interest, 
 ;^3750,00 
 
 250^000 from 1st March to the 1st June, 
 Vo from 1st June to the time when the 
 
 vouchers wcreabsolutelyfurnishedubout ^ 6250,00 
 1 J\ov. t ' 
 
 Vo from the 1st IVov. 1814, to the time ) 
 the first balance was declared, March > 5625 00 
 15, 1815. i ^__..^ 
 
 rp^ ,, . , , , TOTAL ;^15,625,00 
 
 io thit^ add damages on my bills protested 
 for 200,000, which at Id percent (the al- 
 lowance made to John H. Pi;itt on a decis- 
 ion confirmed by a aelect committee of 
 Congress) are 20,000,00 
 
 * To Ii • • * u ,,11 ^35,625,00* 
 
 1 o this IS to be added the actualinterest af- 
 ter the balance had been ascertained and 
 
 ^^f^^,^^^^' 10,000,00 
 
 and discounts on treasury notes 22, ^ » 4,20 
 
 
 r 
 
 67,739,20 
 
h 1814, 
 to draw 
 ter. My 
 equeats 
 aymcnt 
 make, 
 interest 
 !en Jis- 
 ion for 
 went in 
 the pe- 
 -that is 
 
 ording 
 )uld be 
 pendi- 
 loUars. 
 
 rest, 
 0,00 
 
 0,00 
 
 5,00 
 5,00 
 
 29 ^ 
 
 The protested drafts are the following : 
 1. Draft, dated New- York Oct. 27, i8J4, 
 on the Hon. James Monroe, at siglit pro- 
 tested at Georgetown, D. C. 2 Nov. 1814 
 as duly attested by William Smith, JJJo- 
 
 tary public, for 
 
 150,000 Dollf. 
 
 2. Draft, dated Nr w-York Oct. 27, 1814 " 
 at 15 days after dute, on the flon. James 
 JMunroe, protested at Georgetown, D. 
 C. 15 Nov. 1814, attested as above,' for' 50,000 Dolls. 
 
 200,000 Dolls. 
 The above ^35,625,00 was submitted to the third Au- 
 ditor m my letter of 8 August 1823, as the amo^Lt of a 
 claim under equitable allowances, according To the de^ 
 cisionof Secretary Crawford of 27 Jan. 1 8 1 6,1 tablish t 
 
 • Str^y oV^W'^r!^"" '' ''"^ ^^"^^^^^--'^ ^^^^- HoT 
 
 .i.^h P r ^^"^ '^''I'"'' however, as now referred by the 
 third Auditor to the second Comptroller, it will be per- 
 ceived includes none of the above claims in equi 7 ItL 
 a claim, under the tenth article of my contract comnri.in^ 
 only the interest accruing from th .^iu"e when re™ 
 actually j3aid. The cenificate of John W. Yates was 
 ^xhibited by me, not as a rule of damages, but to show 
 that thejomt fortunes of myself and my associates wero 
 not competent to furnish tiie capital rec^iirc^hTcarrv the 
 contracts into execution. The funds nUJsla,^ b tt. 
 purpose were the subject of an express stipuiutLn in nv 
 letter of proposal of 6th January 1813. ^ 
 
 The amount borrowed ol the Bank previous tn th^ 1 . 
 June 1813 is small. .See the Cen£ritid^ 
 The amount borrowed of the Bnuks at the special i'^ 
 of the real embarrassnient of the fiscal concerso/r 
 vernment: viz.^in 1814 '15 '16 constituterneLlv tl?; 
 aggregate besides other siim« hnr.o.,..^ k, .!„ ^"""^y "'^ 
 or of Banks in New-York; on his';;;;"^^;;;!^^^ 
 
 U 
 

 ( 
 
 •^ 160 
 
 very disinrremious inquiry of tho tlio third Auditor, " cun 
 dunmgcB be claimed on the •rrouiid oftlic ccrtiUeaio <d*iiie 
 bank of having Imrruwed niuney in March UJKi?" in«in- 
 uates a proposition, which the second Comptroller will 
 instantly porceivl?, is neither true nor relevant. TJio cer- 
 tificate enihracos loans nia*letVoni KUJto i3Feb. ilj j. 
 Surely coniifion decency ought to have indu';«;d him lo 
 extend his im^uiry to tiie latest jieriod when loans were 
 made from the tState Bank to the Contractor for the i)«r- 
 posc ol carrymg into operation the wi.hes and connnaniU 
 ot Government. Besides, this certihcate is not in the 
 least necessary to establish this claim ; every body knows 
 that It IS a principle of common law recognized by all our 
 courts, that the non payment of a sum or balance due is 
 itselttuH proof of the I'jss of interest, which necessardy 
 lollows the original debt until both principal and interest 
 are Imally paid. 
 
 The third Auditor has said that at the time of actual 
 payment, in I8i5 and 1810, treasury notes bore interest 
 until pmd or funded, and that at the same time, « were' 
 Jrom dto 4 per cent above par." Sir, if it be a fact, as 
 alledged by the third Auditor, that treasury notes " were 
 from 3 to ^percent above par," tiien the decision of the 
 Hon. Secretary Crawford of 27 Jan. 18-6 will compel me 
 to pay the premium on the amount so received from the 
 
 , i?^T ^y ^'^^ ^^"^^ *'"'^ ' clai'^ ^rom the justice of 
 the U. States, indemnification, for the loss I have sustain- 
 ed from the payment of my demands in treasury notes in- 
 stead of specie ; a claim which is reserved on the accounts 
 lately presented by me to the third Auditor, together with 
 Ihe right to call lor the benefit of such general provision 
 as Congress may have made, or may hereaftev make, for 
 the general relief of public creditors, who have furnished 
 supplies an( received the amount in treasury notes or in 
 notes of local banks, which were below specie value at the 
 time and place of payment. 
 
 The third auditor, however, has attempted to defeat 
 this claim by asserting that large balances were previous- 
 
 I 
 
 
 _,.■» 
 
I 
 
 tor, ** can 
 cato ui'iUo. 
 3?" iiiwin- 
 roller will 
 Tiio cer- 
 
 d hi 111 to 
 uuns w'vvo 
 V the [)iir- 
 |JIlUtln^(l^) 
 nut ia tJK! 
 dy JiMOWsJ 
 by all our 
 ICO due is 
 ccessanly 
 i iiitorodt 
 
 of actual 
 B interest 
 e, ** were 
 a fact, as 
 js " were 
 3n of tlio 
 jnipel mo 
 from tlio 
 ustice of 
 3sustain- 
 notes in- 
 accounts 
 ther with 
 provision 
 nake, for 
 iirnished 
 )tes or in 
 lue at tho 
 
 to defeat 
 previous- 
 
 
 A'-' 
 
 131 . 
 
 »/ <luo Lyme (o Govornmoi.i, <I.irinff ll,o existonr^ nf.h^ 
 
 . contraCH oC7 Nov. .811, an.l i5 Kol, IKI3 * 
 
 1 tlo uut wish, sir, ovcu in my ,|,.foi,ec i,n,Ior nil .i,» 
 
 wrongs 1 liave Huiroro.l, to cast any rrflo^iinn ,i i '''? 
 
 Auditor, or Lis prc.lecossor Mr Sin 1, ", ,,7' "'",""•'' 
 
 a I patience, wircn i.iy riglitCnl .t"::;! „'r, ' Lr^v.^^ 
 
 by assertions, not at al to the Durnos,, nr „,!.„„ .■'' 
 
 pose, not foun,ie,l in fact. AirbuZc^s Jl W. " ^ ''T' 
 
 termination of tlie contract rc'ml' e | ,^ ',^^1?!' 'f "^^ '''« 
 
 contractor, were advances voi: ^'mte ;/t,.;'^^^ 
 
 would be preposterous to plead as set <.H» t,. „ 7'!"=" '• 
 interest on delayo^l paynieli.s " *" " '=''"'" ^°' 
 
 alllTe7u^S iJ'ts'srp^L'n ""^''.^"••"or were a. 
 I cheerfully a^u^ . m nf'^wC " '"'^<=«"<=«P«ion, that 
 ascribe theLst .^^ t^tst oTI^Iv^r XtVef 
 
 final balance, ^^l.en the 1^ r; af ^ Tv ."hr'"' 
 
 and all the deposits made liv mvli... „e n * 
 
 been filed in the office^ -r,.ealWv in . ^'""-''•""'^"Miad 
 
 of tho Accountant DepaCeMitCweMnT'' "'"', '"'''^ 
 for the deposit accounT bv H^' « "^^" "" "',°^^ •"'°Pt«'« 
 
 of public fuppiiesTC S t:rx::'Ti^7::^i 
 
 oadmjmydoo,.me„tseverreceivedt;.eearLtXntio^ 
 
 If .tisdeeme,! necessary to substantiate thirdec 1™ 2 
 
 I have abundant proof— and mv |pitpr« „! 7,"^'*"'-"'". 
 
 dence that I have constantly labored to ^»J^^ t "!'" 
 
 Touchers of debits wiiJuiiev'oulrT!,lVed™. "' ""^ 
 
 Claim 6. 8ee page 14, (^O j 
 
 from Ist of January 18^ to UuL.inff,?''*" "'"''' 
 of J808 hei„» ., i/»„l_^ '° 1st June i8iu, (the contiact 
 
 ft 
 
^^sljiSw 
 
 ll 
 
 Ft 
 
 132 
 
 My bid wns presontnr] and received at proper time and 
 place, and accompanied with full and satisfactory evi- 
 
 wSf T.^'' /''"'"','. ^"^' guarantee, qualification, 
 which were fully admitted by the then Secretary of War 
 
 lwa8 8ooninformed,that the incumbent, who then held 
 the contracts for New- York as well as all the Eastern 
 fctates, had opposed me in a bid « aM 8 cents per ration, 
 or one p'iU below any other proponent;' and that there 
 W(^re precedents for this nominal and extraordinary com- 
 petition ; I lost no time in repelling this procedure with a 
 becoming spirit, and in a respectful remonstrance and 
 pro est, endeav()nng to shew the fatal tendency to the 
 .pubhc interast, ,f such nominal and qualified bids were 
 
 sa>inghe had read the remonstrance, still adhered to the 
 admission of the bid onth^ score of precedent, but was 
 pleased to add that we were both too high, and must tid 
 fegain. On the impulse of the moment, I was about to 
 take my leave, and abandon at once all connection with 
 Ijroyernment in contracts ; and I now solemnly believe 
 that my rival would in- thut case have had the contract 
 filled up at 18 cents,* but fortune directed it otherwise ; 
 niy adversary was called in and ordered to take a position 
 6n the other ^de of the room, pencil and paper were 
 handed o each of us, and the Secretary was pleased to 
 . eay the lowest price should have the contract. My ad- 
 versary s 14 cents 9 mills, mine 14 cents 8 mills. Was 
 1 not compelled to take this contract belowthe lesal claim 
 and thus the public faith violated to my disadvantaffe! 
 being equal to one cent two mills on every ration issued 
 during the contract, and is not my claim good in an ao- 
 peal lor an allowance of the additional sum of one cent 2 
 mil 8, on each ration issued per official return during afore- 
 saifl j)eriod. , ° 
 
 11 igmtt,.. 
 
3r time and 
 actory evi- 
 alificationa 
 ry of War. 
 
 then h(3ld 
 le Eastern 
 per ration, 
 
 that there 
 nary com- 
 ilure with a 
 ranee and 
 ncy to the 
 
 bids were 
 , and after 
 ered to the 
 , bul; i^iis 
 
 must bid 
 } about to 
 3tion with 
 ly beh'eve 
 5 contract 
 therwise ; 
 a position 
 iper were 
 )Ieased to 
 
 My ad- 
 Is. Was 
 gal claimi 
 dvantage, 
 on issued 
 in an ap- 
 ne cent 2 
 ingafore- 
 
 he files of the 
 lemnificationi 
 of the claim- 
 ng tbe perio^ 
 S3 of the Go- 
 »f Id c«inti«r 
 J. 
 
 138 
 
 .- OPINION. 
 
 It appears to me there cau be no doubt that Mr. Andeiu 
 •on s proposition in June i 8()8, to supply at sixteen cent^" 
 
 thetw'esf:^ '"'" T'^''' ^^ ^'^^ ^- DeparTmentt ' 
 te lowest offer : and it seems to me to be equally clear 
 
 S r"Lr'^ '' ^-r,^ r:"P^^'^^^' «^ ^^^^^teen' cent 
 per ration, * or one mill below any other proponent'* 
 
 th^rMT&'^'i''^ Butlam'also of Ve^opfnion . 
 Ind cons^,^! r"? K ^"^^^^"^"t ^ff^'-' which was accepted 
 ^ 1 ? f? ""^.^^.^^^ contract, was a waiver of his ante- 
 cedm offer, and that it concludes him from any demand ' 
 4>n Oie Government arising from his final proposition! 
 
 Albamj, Oct 2Atk, 1823. ^' ^^ENCER. 
 
 tha^M? A^^'""^' '^^^^^^" '^''^^^^^' I should conclude' 
 l:t I . ^"^^^•so" was estopped by his second offer to 
 
 Teeiiustrfrf %/^k''/^''- ^^^^^^^^ would havl 
 been just aad fair if he had not acceded to the proposition 
 of n^aking a renewed offer. This was a waive^r by hTm af" 
 
 wL thl ' ' K ''''"*^ ^"" ^""" ^^ ^P^'^i^" that his offer 
 cZnfr\'u^' ^"^**' '^ ^'^"^ ^^^^" ^'«««ived. The 
 oner ot the other competitor of the sum of 18 cents was 
 
 h/CM?? " ^P-'fi^pff- «nd the addition .he "eto tlm 
 he would take one mill below any other person, wa*. a 
 
 ::bq;uaTst!.! '"' ' ^''°"" "--^ - --'^ '-^"'^' 
 
 ^/6a«y, Oc<. 2*1, 1823. JAMES KENT. 
 
 Claim 1.— Equitable Allowance, see paffe 14 (F.) 
 Contained tn letter 10 Sept 1823, to the Third Auditor, 
 
 '^' ij WC^Cfc/ Viae HI J 
 
 .^f^^^V^^V^^^^l^^^ accompnnying lettors constitute 
 ing the contract of 25th Feb* 1813, 1 my reserve th» 
 
 m 
 
 ^i.' 
 
 i'ft>i,i"iniiliitiii'"""i4t> 
 

 134 
 
 Tiffbt of purcliasina flo„r and liquor on the Seaboard and 
 Suut.,em Aliunde |.url«. 1 did «o to the amount of 4900 
 baixels f our and hy my letters to the Secretary of War 
 dated 4th of Feb. 1 813, and 2M of March, 1 H 1 3^ I noti ' 
 
 should be insured trom capture riskn, (th«. ri.sk of the sea 
 being my own.) The risk of capture \hat ot" the U. S 
 I was answerec that the article must be shipped in 
 smal p«rce^ anc n.>t be insured, liefore Ihe s, pp„.e 
 could be etlcx'ted, the mouths of th<^ Chesapeake the 
 Delaware and the Harbour of AVw-York, wer,- ellec ua ' 
 ly blockaded by the Enemy. If | ],,! .hipped the aid 
 « cdes which were u.tended for the Armies on the North- 
 en 1^ rentier ot New- York, they would luae been inevita- 
 
 &r7r'T'^''''r'r^; ^^""'•' I'uvo sulfered a loss 
 of ;^63,7U0 exclusive of the loss of the vessels, conveying 
 the articles. 1 was under the necessity of either selliuff 
 
 OiesaidriouratthePortsofAlexandriaVa. Baltimore Md. 
 Philadelphia I a. at reduced prices, or transport overland 
 to New-- York, which latter was done by me 
 
 Is not th(^ i)rice of land carriage over that of water, a 
 f^ur charge to the United States, satisfactory vpuchers t«) 
 ^?.|"^^"^*^^ ^^** ^^"^^^ ^^^^^ transportation, 
 
 OPINION, 
 
 I have considered the within claim, the probable block- 
 ade ot the Chesapeake, the Delaware and the liarbour of 
 New-V ork, were evc-nts which the Contractor ought, and 
 probably did anticipate—but the Contract secm-es Jiim 
 ap.mst capture, It is entirely improbable, that when the 
 Contractor indicated to the Secretary of War, his inten- 
 tion to purchase Mour am \Mii.skey at tlip South, he 
 meant to incur the charge of transportation by Land. He 
 lad a nght to send by Water, and the Government was 
 consulted upe^n the subject of insurance and declined it, 
 but authorised shij nients in sninli nnrrf^U n.^! •" '':«"" 
 eut veseeis, yim blockades which ^subsequently toojc 
 
board and 
 r»t of 4900 
 y of WMr 
 ^ I notiii' 
 j)rovisi(>n 
 of tl»e sea 
 tJje U. S. 
 hipped in 
 sliippj^ge 
 •cake, tlie 
 ('U'eclual- 
 I lUii ssaid 
 »c North- 
 u inevita- 
 3(1 a loss 
 onvcying' 
 iv selling 
 
 noreMd. 
 over land 
 
 ' water, a 
 uclicrs in 
 
 le block- 
 irbour of 
 iglit, and 
 ures Jiim 
 lien the 
 is inteii- 
 3uth, he 
 nd. He 
 lent was 
 jlined it, 
 
 IS vsxiivi- 
 
 itly too^ 
 
 
 !f55 
 
 place, forbid this course as a discrete and prudent mea- 
 sure. The (Contractor 'vith a view of wnvin<r \Uv. national 
 property, instijad of Mending the provisions^inlo tlie jaws 
 of the Enemy, preferred anHuming a heavy ciiarge, rely- 
 ing on the justice of (Government. It appears to^'nie that 
 he is enlithMl upon jirinciples of manile.st Equity to be 
 jjaid the dilference between the two modes of conveyance. 
 The Contractor's motive was patriotic and honorable, and 
 as the (iov#»rnnient neaped the advantage, they ouglit to 
 afford an indemnity. 
 
 ,, . A. SPENCER. 
 
 October 25, 1823. 
 
 I have perused the within case; and I entertain no doubt 
 tliat upon the facts there stated, Mr. Anderson is equit- 
 ably entitled to iu\ allowance for the extra expense of tho 
 Land carriage to New- York. Though it was provided 
 in the Contract, that all supplies were to be delivered at 
 the posts where they should be required, without expense 
 *o the Unite<l States, yet it was also provided that all loss- 
 es sustamed by the depredations oftlie Enemy, in articles 
 intended to compose rations, should be paid for. The 
 intervention of the usual and proper means of transporta- 
 tion by Water, by the Enemy^s ships and the loss sustain- 
 ed by Mr. Anderson by ihat means, a()pears to me, to 
 fall within the Spirit and equity of that provision and the 
 loss ought to be })aid for. 
 
 JAMES KENT. 
 
 Albany, October 21, 1823. 
 
 From the circumstances detailed on the other side (the 
 risk of (Capture having been undertaken by the United 
 States, it would seem that the rransj^ortationbyLand was 
 entirely for their benefit. As if the flour had been cap- 
 tured, that event so far as related to tlie Contractor, 
 would have been equivalent to a delivery at the place of 
 
 # 
 
.„^^^ 
 
 %. 
 
 1^^ 
 
 deposit. I therefore think it perfectly equitable that the 
 United States, which received the bcnetit from the en- 
 creased expense, should bear it, 1 presume the Contractor 
 would have been bound by his contract to defray the ex- 
 pense of a Water conveyance, he should therefore still 
 contribute to that extent, towards the expense of trans- 
 portation ; but the difference between the expense of 
 JLand and Water carriage appears to me fairly* chargea- 
 ple to the Government. 
 
 Tvr V 1 XT , THOS. ADDIS EMMET. 
 New- York, November 4, 1823. 
 
 ^ <;. 
 
 ft 
 
 ^; New- York, Feb. 4, 1813. 
 
 Sir. 
 
 When I was last at the'seat of Government. I stated 
 the necessity of, and my intention to purchase Flour and 
 Whiskey at a Southern Port, for the supply of the U. S. 
 Troops, accordingly I have purchased and paid for one 
 thousand barrels of flour, in Alexandria, and one hundred 
 and fifty hhds. Whiskey at Philadelphia, to be brought to 
 this port.— The Sea risk of the whole is at my hazard, 
 the risk of the Government is the hazard of capture. I 
 deem it prudent for me to procure insurance m this place 
 to the full amount of my invoices, and I beg leave to re- 
 quest your instructions whetherl shall procure at the same 
 tinie insurance against capture, to the amount, that these 
 articles are charged to government, under my contract. 
 I am ever desirous of receiving, and obeying the instruc- 
 tions of the Government. 
 
 I have the honor, to remain, 
 
 With sentiments of respect, 
 Your ob't. serv't. 
 
 n T 1. (^»g«e<^') ELBERT ANDERSON, JR, 
 
 Hon. John Armstrong, Sect'y. at War, Washington. 
 
 A true copy.— C. Vande' Venter. 
 
 1 
 
 ^ 
 
 
I 
 
 137 
 gir_ ^^^ Department, February 1 3M, 1 8 1 S. 
 
 Yourletterofthe4thinst. has been received Vn., 
 will plea.e to «tate in what quantities the flrurTnd Jf 
 key have been shipped in the same vesspl Z t • , ?* 
 small parcels by dXrent teLeMt ^ou d nottJ^ST Id" 
 visable to procure any insurance. "* """^^ 
 
 Kespectfully, 
 
 Sir, your ob't. servant, 
 
 Elber, Anderson. J„„. E.,q. '''"'^ ARMSTRONG. 
 ^n«y Contractor, New- York. 
 
 Sir— •'**"'■ ^o'"*. 'F'«*- 18<A, 1813. 
 
 yourle«e''r"o^-K„T'" Th?S'"''"'^/V''f '«<=«'?' »f 
 order^H tr. Hi u- , ■ ^ "® ''°"'' ^ntl whiskey hasteen 
 
 and 25 tn%o fr ^"l "1 P""*'^ °*" ^bout 300 bbis flo,^ 
 prelfnJanH ,?'''''• "'^^'''^key in different vessels! ffi 
 
 p&s;"nrsL7or^=Ltt n^^^ 
 
 1 have tJie honor to remain, 
 With great respect, 
 Your ob't. servant, 
 
 .Hon. John Armstrong, ^"-^^^"^ ANDERSON, Jh. 
 Secretary of fVar, Washington, 
 
 True copy— C. Vande Venter. 
 
 Extracthtter daUd New-York, 2%d March, I8I3. 
 «uu Hiexanuna, but u w impossible notwith»t«nd- 
 
138 
 
 I roiTiain, &c. &c. 
 
 i ^ <Hnn T^i A ELBERT ANDERSON JR 
 
 ^ # «on« John Armstrong, Sec't. of War. ^"^^^^j •'«t 
 
 OPINION. 
 
 1! 
 
 Ca^^ Claim, (Q.) See page 15. 
 
 fo-Hy e„title<l ,0 a reasonab e MowTcefov thlTT," 
 boxes, packages, &c. containin. Te ratio,,, .l»^''l 
 by lum pursuant to his contracts iLl'T ' '',^'"?!«d 
 contraotpd f,^r ,.,i • u ^"'""^''V'^- ■'Canons are t le t , na- 
 
 frnm r • ^^ "'"^' ^^lien he receivp^ it 
 
 paid for— as to otlier articles tliere n, v L • ■'"' 
 according to the usaj,e of b lines, • wLh ^ '^""'"'7, 
 ti'orc always decide, because the par'ties'tttbrf """ 
 fd to have dealt with a know!o,|..e o th. ,? » ^1^"" 
 have included the value o"Z bo\ o^, L , f ' ""'' ,*" 
 
 v^LttTr^'''^ -ieie L-'^th": ';:.!;rtstui,"c5 ! 
 
 w.' ■ ■^' "! "^ "' "''" "^"g" i« ^i-^Mly the other 
 
 e^^^rndid r """^' "' ^''^'^ °*' I"""^^ *'«^« «'"'ay« been 
 
 Ji .'rf' "'«'y «="^ »'-ay» re,.,n,e,! or.llowedt-^Ihrl'' 
 i-« ivas u practice which secns to have settled the con- 
 
 ,» 
 
 •^0 
 
pass the Block- 
 ^nse ordered a 
 ^ir, every ex- 
 cute iny duties 
 
 ^SON, JR, 
 
 5. 
 
 itted to us for 
 Anderson is 
 ' the barrels, 
 lis, delivered 
 are the thing 
 lore than the 
 what it may 
 furnished to 
 ) contain it. 
 receives it, 
 ment, when 
 V that in the 
 on, &c. the 
 returned or 
 a diversity 
 usage will 
 t be suppo- 
 ige, and to 
 ' &c. in the 
 ts with Go- 
 fbe otJier 
 ways been 
 '- the places 
 enience or 
 kfcc. should 
 for to him. 
 d the con- 
 
 189 
 
 fctruction of the contract ; and when in time of war, those 
 which related to the same tiling used the same Iangua<re. 
 We think the terms used can only receive the same In- 
 terpretation. If Government intended differently their 
 change of intention siiould Iiave been expressly stated ; 
 for the Contractor must be presumed to have made his 
 bargain with a view to the established usage. No satis- 
 factory reason seems assignable why he should be called 
 upon to do more in time of war, under the same bargain, 
 than would be required of him in the event of peace 
 
 WM. PINKNEY. ' 
 THUS. ADDIS EiMMET. 
 
 ur J' . ^. .. JOS. OG DEN HOFFMAN. 
 
 Washington City, March 1 OzA, 1815. 
 
 Mr Anderson having submitted to me for my consid- 
 eration, his contracts with the Government of the United- 
 States for supplying rations, (one of which contracts beara 
 date the 25th Feb. 1 813, and was made with the Secreta* 
 ry for the Department of War) and his claim under the 
 same for a reasonable allowance for the boxes, packages, 
 barrels, mclosures, &c, containing the meat, flour, liquor 
 y^nd other component parts of the rations furnished in 
 pursuance of his contracts, I am of opinion that in all those 
 cases in which the boxes, &c were delivered together 
 with the rations, and retained on the part of Government 
 he is justly entitled ton fair and reasonable allowance for 
 the value of the inclosure. This would appear to be ac- 
 cording to the ordinary course of dealing, and tliere is no- 
 thing in the contracts from which we are to infer that the 
 beef, pork, liquor, &c. of which the rations consisted, 
 
 Note— At the same time the above op?nlan« were given, the wn'trn 
 opinion was fullj j»[iveu in favor of this claim bj xhv la'e SAMUEL DEX- 
 TER rhis opinion was l?ft in the third Audiior'p office, but is nof to be 
 FOUND. It is worthy of remark that the late S Dexter WAS ACTCNG 
 SECRETARY OF vVARAVD WAS THE AnTnOROFTHE 
 BLANK FOPM>^ OP Ttn? VPRV rrnvrn Ar<T.e rr.,, < m r. r." 
 
 CLAIM OF CASKS WERE MADE UNDER.""" ' " ' «- - * -^ 
 
 6 
 
ii^A 
 
 '■% 
 
 )) 
 
 140 
 
 were to incUide the vessel or cask or box in which they 
 wore contained, lie was simply to furnish rations, which 
 does not necessar y, or according to usage, include the 
 material tor carrying or containing iho sanio. 
 
 All. ^ . , ^, , JAMES KENT. 
 
 Albany, October 21, 1823. 
 
 I have considered the question answered in (he within 
 opinionofChancelor Kern's, as well in relerence to the 
 confrnctofthe 25th ofPebruury I Ml 3, as to the contract 
 of the 7th of November 1811, and fully concur in the 
 same. 
 
 A IK r^ 1^ ^. ^' SPENCER. 
 
 AJbany, October 24, 1823. 
 
 Copy from the Records of the War Office. 
 
 War Department, Oct. 13, 1814. 
 
 SIR, 
 
 Your letter of the 3d inst. inelosing the contract 
 correspondence and accounts of James Byers, Esq. Con- 
 tractor, has been received. 
 
 The question submitted to this Department, appears 
 
 ^^7 ?.n., f"..^''^'''ru^> ^'' ^y^'^' proposal of Jan. 
 \- V^^"*""'®^ the deposits referred to, reservinir 
 to himself a claim on the Government for reasonable 
 and equitable allowances beyond the price stipulated in 
 his contract, for all supplies furnished before that con- 
 tract should take effect. It does not appear by the con- 
 tract referred to, that Mr. Byers was bound to furnish 
 casks and boxes ; or in other words, it does appear that 
 whentherations were issued, the casks and boxes be- 
 longed to the coatractor. If, therefore, the casks, boies* 
 
 4 
 
 ■*»WMs4^iji|ifeV- 
 
141 
 
 in which they 
 I rations, which 
 ^e, include the 
 no. 
 
 ES KENT. 
 
 1 in the within 
 
 ierenco to the 
 
 the contract 
 
 concur in the 
 
 SPENCER. 
 
 Office. 
 ;«. 13, 1814. 
 
 the contract, 
 jrs, Esq. Con- 
 sent, appears 
 )posal of Jan. 
 to, reserving 
 )r reasonable 
 
 stipulated in 
 )re that con- 
 r by the con- 
 id to furnish 
 I appear that 
 id boxes be- 
 casks, boies^ 
 
 
 t"ir p. ice, the „,„oum »l,oui.l be passed to Lis credit. 
 1 am, sir, ' 
 
 Very respectfully, 
 
 Vour ob't oer vant, 
 
 Col T T A , JAMES MONROE. 
 
 ^01. 1 . Lear, Accountant War Dep't. 
 
 Heply hy the late Contractor to the Third Auditor^ s rc^ 
 7narks on the Cask Claim, 
 
 nifi^tio J'h r''"^''''^^'' ^ a" cases, entitled toindem- 
 Jllrned ''^'^^'^^"2^'' furnished and not re- 
 
 inciim.ri„ „1 ""'emnii. .1 for all losses and expenseg 
 mem h.v <=?"f<='5"?"«« of requisitions made by Govern- 
 ment, beyond the stipulation of his Contract. 
 
 he^doeJtl'^!!n'r';''L''^"""/''"'? '■'•""»•' »»'''?''•''''»■«»>'«''. 
 any kfnd ""'^'^"'J'^ »<> f"«'«l' Casks or Paclcages of 
 
 * mem fT!'trk''*fif''f''^Ses were retained by Govern- 
 ment, for the benefit and accomodation of Government. 
 
 turteH^.T''P''^'*' ^^^^^ "' P««'^«?es, were never re- 
 S o? h! <^°"«!-^?'»;--It follows, then, by an appli- 
 
 tiUed tl »n ^ "™^'' *" "'^ Contractor, lie is fairly en- 
 «ued to an adequate compensation. ' 
 
 • ,*?• J '•. This principle is admitted, fixed and annlied 
 by ;he decision of Secretary Crawford. 27tl. of SS,. 
 
 ■" * 
 
 * 
 
142 
 
 2. Independent of this decision, the principle is one so 
 obvious, so well understood, and so constantly acted upon, 
 that no ^*tatute or precedent canpossibiy increase or di- 
 minish its force. 
 
 <« 
 
 B. Tlie Contractor has always been paid for Casks 
 &c. dehvt^red along with the provi.sions, to Trcops on a 
 march, or on board of transports.— The Governni jiit by 
 a Imjttnig iiis claim in this case, admit it in all, for there 
 la no dillerence in the principle which supports the de- 
 mand, wnetiier one cask or one thousand have been re- 
 q nred and delivered. 
 
 : I 
 
 0. It is objected to this claim. 
 
 1. That the stipulation to furnish the provision, com- 
 prehends a stipulaiiun to furni.sh the casks.— This exten- 
 si.>not rights, priviledges and powers, by arbitrary con- 
 structioi), convenient a.s it may be, is in the highest deoree, 
 capricious, dangerous and unjust. I'he language ol' the 
 t^ontract is express— Jiafions m\ the things contracted 
 tor, and a ration is delinyd by the Contract, to be provi- 
 sion and provision alonu, l^he Casks, Packages, Boxes 
 &c. might have been claimed by the Contractor, at the 
 place ot deposit— iiy being left-the U. S, escaped all the 
 truubie and expense of repackage. — 
 
 2. It is objected, that the perquisites of issue were 
 intended to cover the prices of the packages.— This is 
 an Idle evasion -there is nothing in the language of the 
 Contract, to w<irrant so strange a construction. -Besides, 
 t(> this objection, there exists this unanswerable reply.^- 
 1 he; issuing Contractor receives the same perquisits, 
 wiiether he or his predecessors had furnished the casks 
 and provision. 
 
 3. It is objected, that by the usage of Merchants, do 
 
 ;'»H*i»*r^ 
 
 iSS^SimSBB 
 
nciple is one so 
 itly acted upon, 
 increase or di- 
 
 )aid for Casks 
 o Trttops on a 
 rovernmjut by 
 a//, for tliero 
 ipporis the de- 
 iiuvG been re« 
 
 rovision, com- 
 — Tills exten- 
 irbitrary con- 
 igliest degree, 
 nguage of the 
 gs contracted 
 t, to be provi- 
 3kage8, Boxes 
 ractor, at tlie 
 scaped all the 
 
 )f issue were 
 ges. — This is 
 iguage of the 
 m.— Besides, 
 able reply. — ^ 
 e perquisits, 
 3d the casks 
 
 erchants, do 
 
 143 
 
 B^pama charge i« made for Casks or Packages.-To' 
 Whs, It IS barely necessary to remark, 
 
 I. That where merchandise is required by numhrr 
 measure or weight, (as in the case at present /onsiderech 
 and not by ihc package, ca.k. box, or vessel-thc indo 
 sure IS a separate ch»rge.~2. That in many purchases 
 by the package or vessel, (as in the case of soap, candles 
 &c.) the pnckige is a separate charge—And 3d, in all ca- 
 ses the value of the inclosure is either a separate charge or 
 roments^'''''''^^ '''™''' isconsidered in the price of Iho 
 
 Oc?n mV ^r'lf'''".''^ ^^^ Honorable James Monroe, 
 vnlJ u! ' V u' " '^ ^'''"•^^" ^"^^ deliberately sanctions the 
 validity of the clann, and fhe soundness of the princiole 
 herein contended for. After having (listinctly acknowledg- 
 ed the force and generality of this principle—the question 
 IS at onceconcluded-After this, it is not pe mitled it is 
 ^possible, to debar a subsequent claimant, (in support of 
 whose demand, the arijuments of the Secretary may be 
 applied word for word, with full efJect,) from tlie recove! 
 ry of a claim vyhose merits are identically the same 
 There ,s indeed little doubt, that the principle wasor^o^: 
 nally intended as ageneralprinciple. The after construe- 
 tion g.ven to this s.ur.d and stat smanlike decision mny 
 have grown out of some policy of which the claimant^an 
 see neither the force nor the justice-That acodidlvvas 
 added, giving to the decision, of the 13th of Oct 18in 
 limited and partial interpretation, long after the gS 
 decision was recorded, will appear by reference to fhi 
 document Itself, as well as by the recL of the ' en^^^^ 
 decision which stands alone on the books of the war 
 ofKce, without alteration, erasure interpolation or codi^iX 
 
 Again, it is of no sort of consequence, when or wherp 
 or why, or how, the alteration or additioi to the dedsTon 
 was made, it is of no importance, whether the oriST 
 cision was modified or not— th^ «Hm;««;.. ./"S™?- .^ 
 ofthe cask glaim kfull sufficient and: o^era^^^'anrcan 
 
\.l 
 
 114 
 
 be no wny nffcctod by trie manner in which it wna pniti, 
 orihe additiimal reasons for vviiich it was giuntt'd. Tho 
 aixiuuonts used by tii(! Sc'crotnry in favor of Mr, liycva 
 olaim for cuwks, are imh pendent ui' his chiiin for olh'.r 
 indtunnilies. — They would remain in full forts together 
 witii tho |>rirjci|)le ihcy support, if Mr. Byera Inid never 
 reserved or nhuntained a rif»ht to claim indemnilication 
 for the <ixpenses of premature supplies. — For these arji^u- 
 nients in fact, owe iiotliiiig of their wtrength to his claims, 
 for other compensations. 
 
 If this lillo vance was designed to compensate him 
 for tho troiib a and expense su«tained in supplying 
 ratious, and uiaking def)osits before his contract com- 
 menced, why was not the allowance made under 
 the clause, which reserved to Mt liyers, indemnification 
 for such trouble and exf)ense. Tiuit clause is acknow 
 ledged to be a mphj sufficien t to justify that claim. W hy 
 acknowledge two chuMis in order to grant one ? Why 
 was tlie merits of his cask claim deliberately discussed, 
 admitted and maintained ? Why was it admitted on 
 principles which apply with precisely equal force to E. 
 Anderson's case ? Mr. Byers did not stipulate that ho 
 should be paid tor casks. To retain Mr. Byers' casks, 
 then, was no more a hardship than to retain Mr. Ander- 
 son's. Tiiere was nothing in the circumstances under 
 which Mr. Byers made his preparatory purchases ar.d 
 supplies, which gave him a greater right to the caska 
 containing these provision, than to those which contained 
 the provision bought after his contract commenced. Tho 
 losses and inconveniences, from the efleots of which Mr. 
 Byers claime(! exemption at the time, were entirely inde- 
 pendent of the loss of casks, &c. for the loss of the casks 
 would be no hardship to Mr. Byers unless they were his 
 property. And if they ware his property, the casks for 
 which E. A. now claims, were to the same extent E. A's 
 property. If the cask-claim, as is now pretended, be not 
 valid in piinciple, why was not that claim when presented 
 by Mr. B} ers, rejected ; and the iudemuilication for the 
 
h it was pnici, 
 ^lantLMl. Tlio 
 of Mr, HvfMB 
 aim fur oth'.r 
 oris togcfhor 
 ora liml luiver 
 idoinnilioition 
 or tho8o nrgii- 
 tuiiis cluiaid, 
 
 npensato him 
 in uiipitiying 
 contract com- 
 
 ma<lo under 
 idemnificatiou 
 se is acknnw- 
 claim. Why 
 : one ? Why 
 ely discussed, 
 t a(hnitted on 
 il force to E. 
 uhite that ho 
 Hyers' casks, 
 I Mr. Andcr- 
 atances under 
 lurchases ar.d 
 
 to tiie casks 
 lich contained 
 iienced. Tho 
 
 of which Mr. 
 
 entirely inde- 
 s of tlie caski 
 they were his 
 
 the casks for 
 extent E. A's 
 tended, ue not 
 hen presented 
 cation for thei 
 
 145 
 
 iiicntol tliuotlior. ""'uci lo jusiiiy the j,u^. 
 
 Em After nil, ilic fnct is tlmf M^ a_ i 
 
 18 1 2. In .hat letter, I «t,^,ulate' , o "^un ^Z //?""''^' 
 
 r;^:<tttT:::,~^^^ 
 
 the renuisit ion, bey^l l"!"^^^^^^ «it'' 
 
 may b. .een by t&tlV:^""^ "' "'^ -— t. 
 
 1. That supplies shnll Tomn^-^ i • - 
 
 be fur«a,.ea ia advance van^r^ AlbLTx/ot 
 
l\ 
 
 146 
 
 at the fortified places nnd 
 ' military posts that are or 
 may be established in the 
 States &c. 
 
 2. That these supplies 
 fihall be furnished in such 
 quantities as shall not ex- 
 ceed what is sufficient for 
 the troops to be there sta- 
 tioned. 
 
 3. By the usages of the 
 service, it ii left with the 
 contractor to issue freah 
 and salt meat alternately, 
 and when it was required 
 by general orders to issue 
 fresh or salted • meat, the 
 requisition never extended 
 to an entire week. 
 
 4. That the option of 
 issuing bread or flour five 
 days in every week, shall 
 be with the contractor. 
 
 Lan8ingbur<T,and the wes- 
 tern parts of the state of N. 
 York, which places wore 
 not fortified nor military 
 posts. 
 
 To provide rations suffi- 
 cient for 25,000 nien,at the 
 above places, when there 
 was little more than a re- 
 cruiting party at Albany, 
 and no troops at the other 
 posts or places. 
 
 To issue under the fore- 
 going requisition, salted 
 beef and pork excluLively 
 for the whole time of 2 
 months to the above 25,- 
 OCO men. 
 
 4. To furnish flour and 
 not bread. 
 
 (See latter requisition 
 page SI.) 
 
 P, To conclude, there are some circumstances, which 
 
 ^n/t M^'Tl''^^\''\'^'^''^^''^^ ^^^^" further to sup- 
 poit Mr. Anderson's claim, than that of Mr. Byers.-l 
 
 1 ; M • ^iT"" 7"^ requisition and Mr. B's. were the same, 
 w ^'%-^«-^'epo«'t8 were purchased and mnde in the 
 state of New- York, under circumstances favoratle to the 
 U. fetates, and contiguous to places which aftenvards be- 
 came the seat of War. His at places favorable to 
 /nmself, at a very great distance from the actual seat of 
 military operations, mine on vavigable waters, where 
 provision bore a higher price for home or foreign con- 
 sumption, his, at the head waters of the ConLoUrut. 
 ^vntre tiie articles were cheaper in consequence of their 
 
[igbur<3r,andthewes- 
 arts of tlje state of N. 
 wiiicii places wore 
 rtiiied nor military 
 
 provide rations suffi- 
 )r25,000nien,atthe 
 places, when there 
 tie more than a re- 
 ff party at Albany, 
 troops at the other 
 r places. 
 
 ?sue under the fore- 
 requisition, salted 
 id pork exclubively 
 whole time of 2 
 to the above 25,- 
 n. 
 
 'o furnish flour and 
 ad. 
 
 latter requisition 
 
 5umstances, which 
 n further to sup- 
 of Mr. Byers.— 
 s. were the same, 
 and mnde in the 
 ^ favorable to the 
 3h aftenvards be- 
 ies favorable to 
 he actual seat of 
 ^tle water Sf where 
 or foreign con- 
 the Connecticut; 
 sequence of their 
 
 147 
 
 
 ~Vt 
 
 ^l^^!^Z:^Lt:r^^ -'^e.. Mine 
 the use of the troop, an U " ^0. H V?"SP""'<wn for 
 places which required a h ! '" ^- *^'at««-his at 
 huodred miles, a^^ ri4 h i Z'' S"""''"" °' ^'^^^^ 
 States. And it would I' easv 1 f '"'P7««°<'the U. 
 other circu,u»,ances i„ whicK . ""'r''^ '""'l"'^*''' *« 
 wishes and views of Gov^rnl,,!"P'r'='' "'"'' the 
 E. Anderson's detri„.ent a Xt^Ca-' '"'"^'"^ '" 
 
 1- On common principles of law and equity. ' 
 ^ixm. "" '''^'^'^'°" -""^--t-y Crawford, 27th Janu- 
 
 ^orVs"d:taT,'^,;Xi'r '''T ''^''" «'"'•«< 
 
 transports ; the claim beTnl the s^^'''' "'' "" ''"""' °f 
 Cipie, and diflering only Sunt "" ""'"'" ""'' ^^'«- 
 
 4. 
 
 On the ground of merchants' usage. 
 
 5. On the decision of the Rnn i« ii>r 
 
 on the general pri«cip,e''se't fo^n tdecSr' ""* 
 
 6. On the ground of e«ra-services. 
 
 «ev;rp^^:;:,trtrct;%rmi'/rT'*^^- «'«*- 
 
 arguments and consideration^',, corroboration of the 
 Contractor has it in his poler ," ' ' "H"^*"' "■« '«t8 
 oi'mionsofprofession^m^ , present the deliberate 
 andthorougi; acqS'nce ;S"' -^T^'dinary talenta 
 entitle them to all poIlhL If ^"^'"y ''^Partn.ent of law. 
 their unquestionabr^'i:±^'^:-f«.«»<' ^?«P-t. while' 
 «;rfeE impartiality : their In^nri- "f!.:"?"' '"^^ ^^ justice, and 
 
TT 
 
 / 
 
 1 . 
 
 ! ^ 
 
 
 ' ; 
 
 1 ' 
 
 H 
 
 iJ 
 
 I 
 
 "Sir 
 
 14a 
 
 We to believe, that they were ffovernerl in f *.«.,« j '• • 
 by other than the best and the oSnf m J ' ^^^}^^^^ 
 
 and disinterested anxie^yto dCr tTe.^^^^ ^ '^"'/'^ 
 support the truUi. "iscover, to express and to 
 
 Sin 
 
 FTar Department, Fehrmry ^2d, 1812. 
 
 in the first instance/to ecu'e Ihtfia^w'"^^'^"^^ 
 Tiie providin.T the small ,,.«. ""':"«»" Ma salted meat. 
 
 layed for the preser X !, A^ '"'""*' ""^ ^ de- 
 ««cA ;>a»wX ^±,, Jl*/"''^^^*f ""'y be made in 
 
 • Aenr Hampsh re. or Wpstmins.pr il ,!''\'^a'Po'e. m 
 
 all on Connecticut river; Verirenn J pI;T ^«™ont, 
 lington. in Vermont on 1^^^ •"''''"""'' ^"- 
 
 depo.it, of which'pt:: miHerfeCnir "J 
 
 Burhngton, are considered princinal and m^!^' ^"^ *""* 
 The principal part of the provi"S that k ,1 '"''°"''"*; 
 flour, to be purchased mm, »,= i ■• ' , ^ '"^ meat and 
 pole or WeSZeAhe^.,t. hTr"" ""^''^'f" ^al- 
 [on but the /«/r»o >4 not iramelL?'' '"''I ^""'"^- 
 ble waters of the Lake R, ,T .[ "'^ °? ""« "^^ga- 
 ™ad« by you mdiffer^u ^1 nf t P"™'""'"^ """y^ 
 
 rewovalofthewhXtotlesevlrr(,i ' 'T.""^' ""^ «« » 
 mentioned, if reouhed mm r ^ f''"'*^'''^*'«P°««before 
 
 ^- M« VH»«:9~ 
 
 9^ 
 
 •• 
 
 - -l j* ^ l' .J -«-.- 
 
Jd in their decisions 
 
 )f motivejgj, a sincere 
 
 to express and to 
 
 ehruary 22d, IS12. 
 
 tained in your let- 
 )ceed immediately 
 urnish rations for 
 onths, calculating 
 of salted beef and 
 
 • The object being 
 
 * and salted meat. 
 3tions, may be de- 
 
 niay be made in 
 und to afford the 
 nevf Walpole, in 
 the State of Ver- 
 ^sorin Vermont, 
 irhaven and Bur- 
 lain, as places of 
 ^Westminster and 
 
 most important. 
 t is the meat and 
 
 one half at Wal- 
 >r near Burling- 
 Y on the naviga- 
 Lirchases may be 
 mntry, and as a 
 
 of deposit before 
 imply an addi- 
 ►arts of the sup- 
 ! distance from ^ 
 
 149 
 cd, and be transferred hereaftPr tu« • - i , 
 
 of deposit, are desi^naterwiS^^^Viel^'f e^^aS' ^'r* 
 making the purchase, to form an idea of ?L 1^ ^ " '^ 
 
 JAi&S B¥ERS. E:.q. Contractor. 
 
 A true Copy from the record. 
 C. VANDE VENTER. 
 
 (Q.) Ca>k captured an4 deHroyed....Claims und^ 
 Contract 25th Feb. IS\S. 
 
 time the requisition is made o„ Mr p hi hli " ^ be r.^.^ked, that at .be 
 Cing 1 June, I812, and lieLn LSnn » e^"'*^ ^'' '°"*''««=» ««'»'"*"' 
 in th. same situatlo^^^s^eLrto ^Z^^^^^ «"^,-» '" ^-' 
 
 Newr Yoik. JVor was Mr R.pI.' ^ ^"f ' . ^' "'*' *® '^e state of 
 U. S. until after the ?tJu;e'Bot1frj r.r'''r^ or delivered to the 
 to compel and force the Contrac or ri'l' -f ''^^ ^'^'^'^ ^^vernn^eat 
 
 1812,) wh.> couW ai^^ou^hri^'^vVLrcar;^ °" *^^ '^''•^"°« 
 
 ^^ho,(itissaid)couldnotbeleXcaVd^^^^^^^^^^ ""^ ^ »• 
 
 that Mr. A. was to be called un2 IL I ^ .' ^""^ '* °^ presumed 
 
 truth is, the GovernL^I'^belirS' he p S ' A •':nr R "'^"/f '*'''« 
 this important order with the most efficieScv>« f'^ B. would execute 
 ber, l813-DaeeS3.^ ""^ "<>« ««»c*ency. (See letter of 22d Decern. 
 
■ 150 
 
 Wa„d,l„.s-,r«y<Ml|„"^,^;,„5„?,^''""'e »04,75 were 
 He,,ce„e ofnvorSt. /-awe kV^ ji ''''"P^ofthe U. S ^ 
 
 of tl.t. rat,.)n in p,„,,or,i ,„ ,„ | ^^rffl ""8™<^'«e'l price 
 
 witl. ,„ claimed, fall., under the l^v^ Provisions, L. „» 
 and there can be no x^I'^m^TIT''}^'''^^'^'''''''''^'^^, 
 tied to the packages he 8^,;!^ I*" '^'''^''^ *« ^nti- 
 sustainedby^hedVedafonr'fnl'" ""' '"«« "^ "'««> 
 of the troops of the U. sCe" T t'?T' "''''y means 
 W so sustained were to be l\\l^T^^ ?^" "'«« «« 
 Paekages, materials, &c. coverini T ' """^ '"'"'^ "'« 
 property subject to loss and S P^'^ion^ were 
 
 contractor, ,^e de,„3 Tl 2t^ ''?'"'"y '»«« '» the 
 palpable equity of the 6tl. artfcle! " '*""' «"^ "'« 
 
 ^»a»y, Orf.22<;, 1823. ' JAMES KElVT. 
 
 ■im 
 
ance «04,75 were 
 ^••^>ops of the U. S. in 
 are cJaimed under the 
 .a" «"gniented price 
 ,'ffi^ndty and expense 
 under the Qth arti> 
 
 ^ ^oss of the packa- 
 provisions, &c. a« 
 
 ticie of his contract, 
 t that if he is enti- 
 ' the loss of them 
 "emy, or by means 
 irticlesays that a// 
 'A and sureJy the 
 3 provisions were 
 actually Jost to the 
 the terms and the 
 
 JAMES KENT. 
 
 151 
 
 to the laches of'^^^^^^^ T"^ " ^' '^"^ ""^^"'"'^^^ 
 
 a casualty of VVa'^r^fof t: roTrrt' '"!> "^'T 
 States; thefrovernniPnf I. . • troops of tie United 
 
 in n.y oplnfof ,;" C f^ ^^ f/^n^r ^''' '''r ^'^>^' 
 •est prinoinek to Iip «•,-„.• ''.""'«" "I'on the Ktrict- 
 tained. * Paid a iair equivalent for the lo»«8us- 
 
 Alhamjj Oct. 24, 1823. 
 
 A. SPENCER. 
 
 If the contractor haa nropnrp.! ti.„ 
 certificate of a CorainSprOffl °W'^''r«<'rxt and 
 6tharticleofthecon?rrT ."'■', '"««">"«! m tl.e 
 not be obtained I thtkrf." ''"^" "/hy the latter could 
 
 he is entitled to an auTmemn ""^ " ?""""'y' * """k 
 
 the encreased e.pe2-=^E:' j^X^^^^^^^^^^^ 
 
 New-York, Nov. m, 1823 "^^ ^^^^* ^^'^^'^- 
 
 
 > in which I have 
 •• «s entitled to be 
 Jres &c, delivered 
 on the part of the 
 't, that the within 
 rns claim as stand- 
 ract, which stipu- 
 lations ofanen- 
 e United States, 
 
 the Contractor, 
 oi" which I have 
 
 Jteply of the late Contractor to ih. Ti ' ;t a :,- , 
 o^* ^c. loa captured and destroyed. 
 
 of .Ie':<^rrtt?th«tLt^:jr''"' '"' '" *° '^"' «"-'« 
 
 usage, orconstrue" on for fh' "'''''''"■' '" Precedent, 
 posfibly be pretended ^1 .^ T'L'^ "' ""^ «'«''»• C«n i 
 quisite and necesTarv t'„ i '""'''' '''""''''' '^''- "^"^ "ot re- 
 contained in thoTeCd "'"^'" "'i'"'"''" "'" P™'''«'°"' 
 against such perversion tL f ""''^ ''"""'™ ^'"'^'e i* 
 
 as recorded i^„ all sett?ememl wrr"'?''''''"P'''y""'°' 
 gons, horses &c, xZ^I^^mT,, "',"'• "-""'ractors, for wa- 
 
 twctors' provision, XI ile hi '" '^»"T""'g ^on- 
 x^ ;„ r..ii , ' wijicn nave been cantnr/^rl «.. .i«, * 
 
 *d, .. .u. ana coaciustve as to the 'usagerandl^js 
 
1 
 
 I 
 
 ) ■' 
 
 
 1 1 
 
 
 ? 
 
 i 
 
 ! 
 
 ; i 
 
 152 
 T»eBnp«idfor- thelm»ti • ■ '™"«P»««. have always 
 
 to go in the Enemvl l,,m!!''''P'''"'°"i«''*'««in«d 
 the descent of the ^r I ^^' ^^ "™ "'« «n«e in 
 • Be, as may be incurred by ^eT'', '""'" "'"^'^ «P«»- 
 employmentofagentrorC Lp^nf'**"^ ^'""^^ '" "'« 
 ing thatexpeditiSi arp i...^. Tm "'^*"/P''"P«'''y '"""«'. 
 United StaLtdeLnS of fh'i"'^ '^ '^'.'- "''"^g^ "' «he 
 
 in the absence of fhe 6th a Se ^77T °''*'"^ •""* 
 candid and unfair, to dIpaH ,7. t- i ""generous un- 
 
 distinct article of the Cnnf. '" ""^'^"•«« ^'aim under a 
 crued tothecon ractoronlnv'tJ! '"''?'"?«" """ ^as ac- 
 tract. But sir wh„, nf. any other stipulation of his con- 
 
 (^.hoi„h"s e'^To onfcfaim llS"^ '"? =^ ^"<'"-'* 
 ed by the claimLt in anftPife;.™ "'^T'"^*^ «*'■?- 
 on the accounts before you anJnl/^ "^ y"!"" ^y^' 
 tractorhas received no S.Ual'^of Z' """ '''" """- 
 ofissue, either on the whole of^L ■ .Pu^l^^'tes of 
 
 at the time of the set ing ou, of 'tt TIT *"'''^^<* 
 "Uhough .he Lrvices rerfe^/llTaTd^thrru:'^ 
 
 100 charged by liim. i„ °h. Ll„~ „f 1 . 8" ''"•" """ ta of provij 
 
 iMued, be«d« .'. allowan" o"r2 1 2 oil "^T"'"!' '"'' ''«" ""'•"'y 
 u. !..«. for isue after .be e^^pedi iou waj a, S °°,i'l' ^""'•'r """"•d 
 
 f u uuu was at ead. ' (bee page 5, neteF.) 
 
 ''■"^'^''^^-'^ 
 
 ^^• ^ ' ' ' WWii i Bi^riltui i 
 
ehvered to troops 
 orts, have always 
 c^fi^Jy within the 
 
 en the intention of 
 idin^ for extra ex- 
 lie Eneray*is coun- 
 a distinct conside- 
 discussion for or 
 edition is destined 
 was the case in 
 Jh extra expen- 
 or either in the 
 ' property foliow- 
 ir charge to the 
 sites of issue and 
 
 ungenerous un- 
 't claim under a 
 age that has ac- 
 lation of his con- 
 he 8d Auditor,* 
 idvantage gain- 
 cast your eyea 
 * that tLe con- 
 purquisites of 
 aions delivered 
 --awrence expe- 
 one cent per ra- 
 
 was deducted^ 
 and* the issues 
 
 for captured casks, 
 • thp loss of provis- 
 "le St. Laurence 
 «lit for tht* crosf 
 had been actually 
 provifiioD rtturned 
 page5,neteF.) 
 
 15S 
 
 actually made by my agent on thedescent and «t tl,. ♦ 
 minauon of the expedition at the French „,ill ' ^'* 
 
 ^ 
 
 (R.) Opinions on claim No. 7 for iln^nr... • 
 tng provision, not authortedCcZZlf i^^PT' 
 ter. captured flour. Sec. on tL /Vy^ 'r?^^- ^^- 
 Janem^, There heinTnT ^*^^«!;« frontier in 
 offl^r oJrnuZ:;^^^^^^^ 
 --^^ons%m^M.^^eleier:fV^^^ 
 
 I ?mofopinion upon the within case that Mr a a 
 
 ■ f " '' ^"'"k'^ '^ ^^'"^ ^^»«able allowanL ff W^"^'' 
 
 or damage he may have sustained by b^na obbV t ""^^ 
 
 ceive an extra proportion of flour as wuL !-^'' '^' 
 
 inasmuch as the value nf ln« ^^^ withm ontioned, 
 
 ly uponpreservinrarateil^^nrnr T^T"^^ "^^^"^j' 
 ral articles to be fUrn LTed wh^^^^^^^^^^ »>etween the seve- 
 contract. ^"""^i^ed withn the contemplation of his 
 
 AViany, Oct. 22d. 1823.* 
 
 JAMES KENT. 
 
 J 
 
 I have considered claim number sev^n ««^ r n 
 
 Oct. 2i,lS23. A. SPENCER. 
 
 c.„.„r" "»*"'"'-«' -Pon .he i«„. of ration,, „„. „,„,„„. ,^ ,^ 
 
 ibt^L^J'.ltK'T.lTT'.''"' "?? «q-isi«o,„. „o, a„.ho™.. .. 
 
 --. - . = .. iwi w 9 mni vi msiructioD, page 1 20. " "^ 
 
154 
 
 m ^^"^^^"^^t^^^ unrler the Contract Mr A«^ 
 
 r;,.i.„is. What the IZm , f H , ,"' "'"' t'-e other 
 c..n,,e,c,.t to fo,m an ojinioK .":;; J, Lr''^ ""'«™'- 
 
 The (lamn<Tes sustained bv the Pr>nf,.n«f^ • 
 
 .^ J Article of the contractla. f he pro" oni^tor 
 ed ,n barns, exposed to the weather an J utdtaarpJace; 
 —See Porter's own letter. 3. There wer,. «„ "''"'^P"^"^^ 
 provided by Govorntnen. to rele^: Z'-pZTo^TZ 
 8th article of the contract and Barton's certificate 4 Th« 
 Cotnmctor's agent vva. not authorised to receTve U.t Jo! 
 
 B. On hearing that Mr. Thorne who had been forbid 
 •Ion to receive provision except in equal proportionV had 
 given a receipt, which without the sanction of t ,e comrac 
 torwas ot no validity, Mr. Anderson e.plicitely prottted 
 
 -imty of the U. States ,o cl ^e L ^ r a Vi 2* 'T "' *""^^ f"' 
 oi 7 1-2, . ^ "*^"'^ ai 4 1-2 ccMs per ratwn ia lieu 
 
^J*. Anderson was 
 
 iiA. Porfer,iiorthe 
 IS a voluiitaiy acco- 
 etterofthelSth of 
 ff his claim to com- 
 m justice, that he 
 yur over the otlicr 
 i)uance should be, 
 
 ifl vv ere otherwise 
 point. 
 
 tractor in conse- 
 • are so obvious, 
 >at any opposition 
 5 are briefly these, 
 ctor's agent to re- 
 on was illegal be- 
 ry unequal pro- 
 rations. See 
 
 ovision was stor- 
 at distant places 
 e no storehouses 
 provision — See 
 rtificate. 4. The 
 receive this pro- 
 
 lad been forbid- 
 •roportions, had 
 1 of the contrac- 
 icitely protested 
 
 ■ 5 cents per rat'on. 
 Is to I he (contractor, 
 om ihe justice and 
 itB per ration ia liea 
 
 155 
 
 ignorance oiSr„ of rr'.'" "™" ""^"' °''"'« 
 tainlv tli.> r; s/„,„ Contractor's ageut. C«r- 
 
 verned vri-'ri. • "'"'^•'/"•"'"ct ought ever to be go- 
 
 misfortunP f „ 1 ''"'"'"S^' ''"'"«'' fr"™ the error or 
 cTevoto""o tL fs'^i'!^ !', '"^rSf • .^'"•*'' *'«"« d»y« have b.-en 
 
 mjue proporuons. properly stLd, and voluntarilyr^ 
 Again, let it be recollected, that this sacrifice invnlvoJ 
 
 ful agents 'hat evT;" '^.p^vTin^l .tr ""'' "'''".'"••* ""'^ '""» "^• 
 
 Gen. Dearborn directed him to So TdZLPV""" '''"':"' ^'P«""""»- 
 tions of h:« «.:„-:„„. ^" °° * ^"'^ "'a* wai oppwed to tlie iiutrue 
 
 u 
 
i5Q 
 
 cate of N. Allen a Sm«„ fl""',"^"''' (^''''•' "'« ^'^^ifi- 
 
 the (acts) but i ^ "^~rj'?, ''"' '^'"J' '" possession of all 
 certificate of John U ',1! ' ""n!"''" '"spccted-See the 
 frontier. ^" ^""'P" <^"«"er master on that 
 
 dit!?-o'n" ZZJ: ":■ fJ"""'"" Tf '^ '■'^ «'"•■<' Au- 
 ly made by ,VIr And.r nn l .""«''","' .'I' Po^i' subscquent- 
 to refer the SecmiH P . '"",'r"— ,« ' " ''"ely necessary 
 
 wherein he exDlicifl„ Jll , *^l"'^<"'' of July, 1814, 
 oortofohjectioT " «*/'««^J^ *<«to coK,^»teto »„ 
 
 tvafv-ery^'proS; e"e;!'i;d'rr T"'*""?' '^'"'''^ --"»'« 
 over to his agen hrTf ''aii.H.ed provisions turned 
 
 is doubly entS Z thflT' '""■."■'"='o'--Mr. Ander.'a 
 
 h« protested aU,e time str? i"''"''^"' ""^ '''"■• ^''"""'^o 
 of Gen. Dearborn ' ^^ ^ "S""'^' "'« wquisitioa 
 
 i«*« and Da,nagcs in reccMng Deposits in hulk or mass. 
 
 4iti:iV^or;:;o/rrr''"' ^"'^" ^""---1 
 
 having, been IC^^^T^^ "^T r^""^ '^ '"«^ '■^<"» 
 belonging to the IJuiypH «!,. t'^ ■ ' i^ '" '''^I'osit provison 
 .. o S'oi'ieuuKedStates.in the years iSlaand 1814 
 
iiost assuredly, never 
 »t' (lecisiun of tlie Ac- 
 ed to make Jiiinr iler 
 either had the wuh 
 n of a single cent, ig 
 
 provision, the fact is 
 ?t3d, (8ee the ct-rtifi- 
 •espectabiiity and un- 
 f in possession of all 
 n inspected— See the 
 •ter master on that 
 
 «ed by the third Au- 
 d» posit subsequent- 
 t i> barely necessary 
 le letier of Mr. An- 
 ever, ofJuly, ]814, 
 e these depositSy ihe 
 ates constitutes no 
 
 lent of his accounts 
 id provisions turned 
 or— Mr. Anderson 
 '*«' by him, becau.se 
 mst the requisitioa 
 
 itsinbulkormass^l 
 
 Elbert Anderson J 
 
 iftered a loss fromi 
 
 ♦ ■eposit provis.on 
 
 ars 1813 and 1814 
 
 157 
 
 laying at tlie original places of dcnosif nnJ i. * , 
 '''"••••-nt points iu the Jtate of N 'w^Yo 1^1 ^^'"^7' « 
 -me of these place, are situated at I ct\ Sr^"'' 
 tance from the frontier, vvhero the said nl • ^^ ^^'^^ 
 re(iuirod to be issued iruV in I"^ovisions were 
 
 ^-ceoftrans;o:.i:tiirVpoZe;'^ ^^ ''^^ 
 
 occurred which mnsr hn^^i^ ^ ,"''°^'^^''*^^«tacle8 
 
 m .ge to Elbe An lo Xn • "^^'^'"^^ considerable da- 
 
 flou^r was constanti;!""; o^ rm%r.^^^ ^« '''' 
 
 fitruction of the bam-U ti." i i ^»*-' common con- 
 
 and liable to mouKlliatL "^^^^ 'T^^ 
 
 hy evaporation and Ioak^^eTthe por^^^^^ cbmmishing 
 Its pickle and thence liable to TnFnJ. «. .i ^""^^ '*^"'"« 
 ject to a heavy loss from drl^'"''#^^^^ ^*'" «««^«"l>- 
 
 tions, as well as from tho^^'i .'^'^"'"''"-^e considera- 
 
 transporting of proper V am r^ T"^^'' ^« '^^ 
 
 incurred b/ an? co'n^'^;to ,^tT=^^^^^^ 
 
 the same d stance as it wn« . J j »,, P®"y *» renjoved 
 
 E. Anderson, wruid\L7Lre^ht' pV~' "' "^'• 
 damaged >tatc ofthcpror,uion received for issue. 
 
 Master. E;AndLrrsted:rr,o'j/tt*^^^^^^^ 
 
 quantity, but more especially in the n7n l^f' ""'j' '" 
 
 was not worth more than ha f price Tn h J' "' "/"""y 
 bv the Baker, Mr Willi«m f ., i " P"'"*'' ""ed 
 compelled from asenseonusticer"' '''\.'=''«'-''Mor, «a8 
 
 aiiow^anceofsoTr/fli^rrtr; :t:'rr7^^^^^^^^ 
 
 the contract made with him for baki". common "i"""' 
 In makmg the above certificate, it may be mooerT f T- 
 
 Richmond, Ontario Co iV. 
 V' Oct. 26th, 1823. 
 
 N. ALLEN. 
 
 J 
 
! 
 
 158 
 
 BOA, .« with tlic exception of the frcsli beef. 
 Oct.26th,m3. N.ALLEN. 
 
 Value of the packages Sfc. 
 
 Br,'lH R ^'""'"•y ""d Vinegar, Barrels for flour and 
 l^rtad B«„el8 for Ueef and Pork, and Boxes for 8o"p 
 
 ■ captuled';,"": '''"^'''' "■•' P;"-'i"» P'«ce.l in de ..^ 
 Dack„™ "r "'" ^'"S"™ f"'"""- "-ere conlnined in 
 packages as aforesaid, and that they the said packal. 
 
 TsJT'"^-^ '"' "'" '^«"«Portation and safe'^ keeS 
 
 rurSa .!'«""'",• """^^ ''<'"'"•«' I^ofols containinn. 
 pork' one f 7^ '^'"••;«'« con'oi-ing whiskey and beef a«3 
 dies 2^. . I^^ach Boxes containing soap and can- 
 raHv f^.*^':?'-.?""''. <"'d tl.at the above prices are gene- 
 candles" t'^V'^r'"' ''''''• """^ Boxes containing soap and 
 candies, by the Contractor, at the time of purchasing 
 
 in 'l.r ' P'' P""" "' •'"' "*«™g« ""'"e and are inchided 
 in the general pri,,e of the meat and flour equal to 38 c 1 for 
 
 w;:;rv''bbi:''''H-"''' '""/"' "•^''' bbil'^r^d'^'t 
 
 wirskey bbls. and soap and candle Boxes, generally 
 muKe a distinct cha,-,?.. in additio., to the pr cf "f^ho 
 wiuskey, soap and candles. ^ * 
 
 A<...4,182S. MMESTHORNE. 
 
to the Cunirnctor, 
 y on the Niu^rartt 
 liiH'd in burrolH or 
 sot". 
 N. ALLEi\. 
 
 actur'a jirovisioii, 
 r is«u(! or jiuMic 
 h as H[|(Ih. and 
 'Is for flour and 
 Boxes for 8onp 
 ace<l in deposit, 
 3re contained in 
 
 said packages, 
 id safe keeping 
 id i-^kagep aro 
 rrels containing 
 :ey and beef and 
 
 soap and can- 
 rices are gcrne- 
 lining soap and 
 
 of purchasing 
 and meat bblg. 
 nd are included 
 lualto38ctifor 
 bbis, and that 
 oxes, generally 
 e price of th& 
 
 THOUNE. 
 
 159 
 
 Bad condition of A. Porter's drponit, 
 
 I certify to the best of my recollection, that the flour on 
 the \iak«:aia fionfirr received in June, 1H13, from Au<Mi8- 
 tns Porter P'.sq. by Elbert Anderson, Est;, army cont"rac- 
 tor, was in bad onh.'r. Its exposcMl situation for want of 
 uuitable {Store Houses, was alone hufticient to produce 
 liiuU^rijil injury, b.-ifinr mostly deposited in barm and 
 8hedn, but litth? (calculated to keep out the rain or to pre- 
 vent waste by plunder. 
 
 ^ JAMES TIIORNE. 
 
 Marthorov^h^ Woolen Factory, Nov. 4, 18f?3. 
 
 Extract of the orders given to my asents dated 
 iWay 24, 1813. 
 
 "Tf the provision left in deposit should not contain all 
 the articles necessary for the rations, you will forfl)with 
 advise Messrs. Mather & Thome of the deficiency, and 
 state what articles and the quantity required for issue — Jt 
 will be advisable not to give your receipt, or mak^ me ac- 
 countable for provision ir a greater quantity at one time, 
 than are absolute necessary ; especially of those articles 
 liable to waste or spoil, as Flour, Fork, or hard Br«;ad, 
 and whiskey that may be in a leaky <;oadition. 
 
 The provision should be delivered to you, in due pro- 
 portion of all articles comprising the rations." 
 Yours truly 
 fSigned; ELBERT ANDERSON. 
 
 . To the best of my recollection the above is a true copy 
 of the instructions given to James B. Leonard. 
 
 JAMES THORNE. 
 
 Nov, I, 1823. 
 
160 
 Claim for Transportation, 
 Amount ^13,136.24. (See order for depo.u.> 
 
 U rnt^ ,. ^ EXTRACT. 
 
 .b.wi b:"fc^V!:fr"*''''''.P°^'«°" Lake Onta- 
 
 .he'(„v2[o:v;.ireTmiiir rj '■^'°", .*,?.°'i"'^ p'-- - 
 
 of the Militia bvG,mr„'i.'- .""^' '«'■ "'« s"»t-ly 
 Aptil. XoS}^^'"- ^^"'-» »'•«>- ^th ad 14* 
 
 otl.cr place or post, the eln,.„!l ' <■ '' '''''"ered at an- 
 
 Dolt„:::',"r L^^^ "«"• ?-! Major Gen,. 
 
 ready in riepoit o r^c^S to I.e7"'"''' "'>''^^*^'°"'' ^^^ 
 ticiilor place or nn^t.,. 'I.^P"''""'^ « any par- 
 
 within ^^^^:t:rsv^ nr '"T 
 ehLpro;.iorrntt^rsirrr~''-^..^--- • 
 
er for deposit. 
 
 > 
 
 1 Lake Onta- 
 iiesee, Salina, 
 
 STRONG. 
 
 'ler places on 
 
 ov the sj'uply 
 
 1314. ,;See 
 
 161 
 
 ait, as would be practicable, and he would also probably 
 purchase provisions deliverable at the designated placCr 
 If after a deposit made, or after purchases with a view to 
 be deposited in a particular place, a new destination is gi- 
 ven to the provisions, it must necessarily subject the Con- 
 tractor to a loss, in the transportation ot the provisions 
 from the place designated as the place of deposit originuily 
 to the place subset, uently designated : and I am therelore 
 of opinion that this claim if supported by the facts, is a 
 legal and just one. 
 
 A SPENCER. 
 Oct 23d, 1823. 
 
 4th and 14th 
 :ive full po w- 
 
 [•ed 5 and 6, 
 5 a plain un- 
 
 be required 
 
 shall after- 
 
 ered at an- 
 
 »er place or 
 
 ajor Genl. 
 ovisions ai- 
 t any par- 
 >val cornea 
 also with- 
 liied to be 
 Lira! ly pur- 
 
 iS a uCpQ- 
 
 The clnim of Mr. Anrlerson, for transportation, in cases 
 where he conveyed v>rovisi()ns, under the orders of Cen- 
 cral Dearborn, anO General Hall, to other places ot dej)0« 
 fiit, than those under the first order of* deposit, 
 appears to be entirely correct and jusi, so far as the 
 expense of trans-^^tation was increased by a varia- 
 tion in the place of deposit. I cannot conceive 
 how a doubt can arise as to the justice and legality 
 of his claim. It is founded on the 8d article of his Con- 
 tract, with the War Department, and there is no color or 
 foundation for any distinction between the loss of provi- 
 sions diverted from the original deposit, while 'U 
 iransitUf or after they had arrived at the Stores. Iftno 
 expense and hazard of transportation, were enhanced by 
 a change of place, under the orders of the commanding 
 officers, the title to indemnity and fair compensation, fog* 
 the extra expense and risk is indubitable. 
 
 JAMES KENT. 
 
 New- York, October, 30, 1823. 
 
 The contract, the letters of Gen. Der^rborn and the order 
 of Gen. ilail only relate in terms to provisions aciUiilly 
 deposited. I do not think, therefore, that they give any 
 log'dl support to a charge for the transportation of provis? 
 
 11 
 
 1:1: 
 
ff ; 
 
 
 ■ \ 
 
 162 
 
 t;- "-lor !uul made Ins pfX^at'-.T^' »"«'■ "'« C„„- 
 
 '"" '« i"-'"vo»,e,.cc an,l ".""si I H:!;rr' •''''''• '"" 
 to )e lemii.iLTate,! for such ,.vm . ' "'' ''" "* """'1"^ 
 sii-!iiKM)avu-iii..„ce, so far ■,/,.""", ,'"""i"''''""efl ''or 
 da.o„ .or a.oerta,„'i„„" tC iTunr"'""'' "' '^^ " ''-"- 
 
 A'ew'-rorA-, iVb„. 5, ,823. '"^^^- ^^^^^ EMMETT. 
 
 In ad lition to the remnrlfc «r,o i i 
 
 «<H tife explanatory itue of vf '^n"" °" "'"• ^ •""» 
 
 Oct. 27 1«23; and r'nue^t ill^-'"';,*^'-'''- "«"' ^'«'"d 
 
 C'o.n.,trollertotl,lslettHr H.Tl """" "'" "'« '-^"d 
 
 aliy :ie,.osite,i a( H ,n Ifords si J w f'™''"*^'" l>een actu- 
 
 re'|,.,re<l, by the Socretaro/' W-?' """'■ *"•" "'^ ''''l>"-it 
 
 «o,,l,i have beon greatly increase,! „ ' y""<^'' «""«« 
 l)ut the order of GenI /r n f ,' "°' ""'>' m Storajre • 
 jor Genl. Dearborn of he'irh'.'f'; 'T'"" '"'" "^J^V 
 aWpdthe Contractor t, have del ,^7','^""''' ''■'^^ ''"- 
 ""< one cent per ration fvomaftt ^ ' "''^ ^^^ «'• 
 »"'' the lo«., ,!isk, &c. i the Li! '''""' '^ ''"f'°«i'ed 
 l'eo„ borne by the United Stated '^°"''""" ''°"''' ""'^e 
 
 I he Contractor's provision ..'i' 1,1. 
 t^.n.«|;or,e,l at his ow . Txpen"; fo"t ''' '"'''T""'^'^ ''^"n 
 li'Hl all been swept a.vav and 1 / ",","" """ '"'•"'"ier. 
 .""h«lintisho„the3l"^ofDpf r',''o''y "'<' '"vasion 
 >."? tl'e critical state of that fV , "'k^'^'''"'' ^''^W'^r- 
 "'.'•fai<U.e could not hesi,ate"o T ^^ •";" '"^a^ion a- 
 willi )ut availinir himself of I is • ■■" , ^' """• Promptness, 
 •i'o «'veral re.misi?;!;"! °'j"(.P."v.ledge of 30 days notice.' 
 ' ' "■' "' ^^'''J"f «enJ. Hall. " Had he 
 
Iv as file con- 
 "cs uro ti, j,e 
 T mny he re- 
 ■^tatew." But its 
 jter the Co/i- 
 is measure* t\tr 
 nu8t |jav<! put 
 ^ l«o is ofititic'd 
 'n|)ensated for 
 1 or my a foun- 
 
 EMMETT. 
 
 n Ilandford's 
 
 n file, I now 
 Hall, dared 
 ^i' tlie 2nd 
 n been aetu- 
 r the deposit 
 1 of the 16th 
 ited States 
 in S+ornge ; 
 >'Her of Ma- 
 d have en- 
 ' J-2perct. 
 
 deposited 
 vouid have 
 
 i(/usly been 
 at frontier, 
 - invasion 
 
 1 consider- 
 nvasion a- 
 omptne^s, 
 ivs notieft- 
 
 Had he 
 
 16s 
 
 studied hi^ own interest and delivered the provision^ nt 
 
 Hand(ord's store house, mouth of Genesee nver a , ^,1 
 
 hen taken them up for issues, he would have U^e r |v 
 
 disinterested anxiety to meet the exigencies of th t . / 
 and to avert the threatened disaster^'^'h tt^i "i:! 
 duced him to waive the exercise of a legal ri^ht Tl?e 
 provisions were purchased m.n,f (unessee rfvpr in h 
 
 rhe 3d article of the contract certainly does not sreri- 
 fically require the provision to have aclually chan. J<' [ In 
 
 Z%T." ^T ^^^^» ^^P«-^-^J i" or^ler tc> L.ke u" ,n I 
 portationa legal charge. (See 3d article of ihe iot 
 
 Claim for Tax on Whiskey. 
 
 OPINION. 
 
 The claim founded upon the within statement of faof*, 
 does not appear to be admissable at the Treasurv t1' 
 partment ; and the equity upon which the claim r"tJmu:t' 
 be addressed to the justice of Congress. I shou iT're- 
 «ume the appeal to that justice would not be made i v^^ ' 
 and Mr. Anderson has very equitable and per ua rve 
 grounds to ask for a reasonable indemnity for Le de , e! 
 ciation of the value of his contract, by the direct int7rr- 
 ence of Government with the very article on U"irh hs 
 contract with them was to operate! He cont'ac s w th 
 he Government of the U. sUs to deL^Sev 1- 
 lons at such a price, and Government then whi e the-con. 
 
 nrrearthT""'"'!'^ ""r ^" ^^^'^•'^'^■^' «-' -LeTd 
 increase the price it strikes me that Mr. A. has vct 
 
 fnri' w "^K^"" "'^"'"^ for a compensation by v!av of 
 contract " ^«J""-- ^peration'of the duty' pon'hi^ 
 
 U 
 
 ■ft 
 
 Albany, 22d, October, 1823. 
 
 JAMES KENT. 
 
I ! « 
 
 ii K- 
 
 »: 
 
 1G4 
 It Appears to me that it would be very uniust rw.t tr. 
 
 r. „!i ""a^''"* contriict under a state of thinffswliicli 
 he had no right to presume would be changed .hiring iij 
 cnlinuance. Government, to supply its own conln 
 ence or wants voluntarily made a cl.a.fge whfch ejen" -' 
 ally injured h.™ as the other contracting party md 
 probably deprived him of all his profits, the cha Z „!„ ., 
 «s well have been carried to an ext nt U at S mat 
 the execution ot the contract ruinous or impossible If 
 th.. change had been produced by the IctTa s^ t„ Jr 
 or foreign power, perhaps he would have no other !» 
 . ..rce but to throw himself on the generosity of the ^ther' 
 p ly of the contract. But where that party to the con 
 tract has voluntarily done an act so essenti lly varyh"; 
 the situation and destroying the profits of the other oar v^ 
 I -hmk he IS bound to make good the consequencerof sil^h 
 
 K ^r , nr THOMAS ADDIS EMMET 
 
 IVetc- York, Nov. &th, 1823. i-i«J.un. 
 
 Reply on Claim for damage sustained hy Tax 
 
 Whiskey. '' 
 
 on 
 
 i-,^"^)"^^ T ^^ ""i*? ^y •"«' '» "')'' to the force or iuB 
 tice o this claim and had the5d Auditor simply referred 
 the Claimant to that August body who nr, A.,,,Zr ■ 
 
 tat ^n;sr£;x-;,;r " "" '"• '" 
 
 1 he claim however, is one that addresses itself to .!.» 
 best interests and truest n„Uo„ «<•„!: r 1 . *° '"* 
 evorjealou. of i.J wn ri&"fl " ^"''^''•.''"ed nation, 
 «.e f roi,,. done ^Vt^; ^^^ -f^ 'o red res. 
 While the Constitution of our Country ^n&X mlt 
 
165 
 
 njust not to 
 atiiuatod his 
 hingsvvliicli 
 I (luring its 
 vn conveni- 
 ch essenti- 
 party, and 
 diige might 
 ouid make 
 )ssible. If 
 a stranger 
 • other re- 
 )f the other 
 t) the con- 
 y varying- 
 ther party, 
 3es of such 
 
 IMET. 
 
 Tax 
 
 on 
 
 le or jufi- 
 f referred 
 t for wise 
 ury done 
 he was 
 rax was 
 have in- 
 
 If to the 
 i nation, 
 ► redresa 
 «vn acts, 
 the most 
 
 solemn manner, the most sacred regard to the fulfilment 
 of public faith, this claim for indemniticatiitn i out that 
 must ever be ncknowledged, by the unaninu us concur- 
 rence and consent of every man in thiscomnjuniiy. 
 
 I have considered the within claim to an allowance oil 
 the article of whiskey, in consequence of the act of Con- 
 gn^ss, of the 24th of July, 181^. It is presumed to be 
 an und(!niable proposition, that the same principles 
 whicJi govern and control the contracts of individuals, 
 ought in a moral and equitable view, to be applied be- 
 tween the Government and an individual. If an individ- 
 ual had by liis own act prevented a party with whom he 
 had contracted, from the performance of his contract ; or 
 had artificially and contrary to the just expectations of the 
 other party, enhansed the price of an article contracted 
 to be deliverrd, it is beyond all doubt, that a court of e- 
 quity, would alford relief to the injured party. The Go- 
 vernment undoubtedly for wise purposes, passed the act 
 referred to, but in doing so tliey unintentionally injured 
 Mr. Anderson ; by virtually changing the nature of his 
 contract, and imposing upon him a burden which he ne- 
 ver could have contemplated wlien he entered into his 
 contract, on the 25th of February, 1813, the direct eftoct 
 of this act of the 24th of July, 1813, was to enhance the 
 price of whiskey, and thereby Mr. Anderson was prevent- 
 ed from obtaining it upon the terms contemplated by both 
 the parties to the contract. It is true that Mr. Anderson 
 took upon himself all the risks of the fluctuation in the 
 market ; but he did not take upon him the risk of the rise 
 in the price of whiskey, produced by the act of the other 
 contracting party. It must have been impliedly under- 
 stood by him, that the other party should do nothing to 
 enhance artificially, the price of whiskey. 
 
 I cannot hesitate in saying that after the Government 
 
 latcd price, then to pass an act having a material influence 
 
 
t^i-ve'^oIrS'^^^^^^^^^ "'" ^''"'-' '• foreseen 
 Ccnj;rnct? And cm it K . .• ^""*^"< ^' against t by his 
 
 >f the pric.. of whiskey sl,„,,M hi "" """''«' "'at 
 
 tl'e government, thatthco , 1? '^".''«"<;'--«l ^y an „ct of 
 e<l to ,l,e contractor Co si^S'^r ''l""'^ ^^ ""•^^^- 
 one >vul, the government , rot ^ll '"" -'"^^ "'"'"•«« " 
 he govormnent have by an acf , , '""«"°r^y. «•"! that 
 the contract, prorluced^a nmtr ^ f '*"''*''l'"^'«ly to 
 articles contracte.) to be cleared -hf" "" """ "'""^ 
 ••><l obv,ou« principle of eou tv W,,'/ , ''"f ''^ "'« " P'^*" 
 sate Mr. Ai^l.rsor/by mZnT'.lt . T '''°"''' '=""'?''"- 
 by the,r own act. Oct Ij' ills ''"' °'"^''«ioned 
 
 A SPENCER. 
 
 aer''.tt;Tr:rof 7"no?T<U 1 'r '^' t«; '■-"-•-<1 "n- 
 tlem,n, The s„me is now d a;!"^'"' '" '"""''' '^'- 
 equitable allownnee under the t^f " reasonable and 
 called to Washington bv the wr''"""^ "'"'"^ ''eing 
 
 7 Nov. VU . applicable Lt "4 ir''' ^" '"""™« "^ 
 Byers) to the t, .. e,vi,.e, cies , f «"-e"mstances to J. 
 
 Mly appear by U. ;«,d O^m;: Si^rL?'' "^" "- '^'" 
 
 ^•^j -tur. Anderson was not 
 
 HUl l tiFamiMUH I l 
 
tlie former 
 ^arci.tly an 
 n contract- 
 y the same 
 m individ- 
 
 ' foreseen 
 th of July 
 t it by his 
 !creta ry of 
 ticle, tliat 
 ' an act of 
 be alJovv- 
 r>ntract as 
 ', and that 
 iuc^ntly to 
 ne of the 
 Ilea plain 
 compeii- 
 ;casioned 
 
 [CER. 
 
 ^^ert An- 
 T* States 
 
 sbed un- 
 mer set- 
 tle and 
 s being- 
 etter of 
 tract of 
 es to J. 
 « it wiil 
 vas not 
 
 167 
 
 bound to nirni^h casks or pnekaffcs ; but it does appear 
 the said c;i.skN and padva.(3M were furnished, and were 
 noce>.>Hry t(.;- the safe kee}>ing and preservalicji of the 
 provision called for in deposit, and thai the same were 
 made at phuies and posts where tiiero were no troops or 
 ganisoiKs,as made it obliiraiory on the Contractor to obey 
 the orders for said deposits, as will be seen by reference 
 to the ovenants and conditions of his contract, dated as 
 
 ^^^^^^^'S^' 21,486,41 
 
 JJeduct amount received from deposit, 7,514,1 1 
 
 ;Jf 13,972,30 
 
 Under Contract 25, February 1813. 
 
 No. 1— To amount of provisions belonffinff 
 to the Contractor, sold by John Bliss, A. D. Q. 
 M. General, at Sackett's' Harbor, and credited 
 by him in account with U. S. for quarter ending 30 
 June 1814. - ^ 
 
 2. — 287 bbls hard bread erroneously charged 
 me, as said to have been received from A. Por- 
 ter 28,700 rations at 7 12 2152.50 
 also 394 galls, whiskey 12608 3 1-2 441^28 
 
 3.— Amount casks captured and destroyed 2,593 78 
 by the enemy as pr statement, 1901,1 1 ' 
 
 To amount casks and packages lost and de- 
 stroyed by troops U. S. in descent of the St. 
 Lawrence pr statement, 2904 75 
 
 Note.^This amount of barrels, casks, Sec, 4,805 86 
 IS charged under the 6th article of the contract 
 and under the condition of the contract allow- 
 tng an augmented price of the rations. 
 
 A 
 
 114,00 
 
 
 Forward 2 1.4ftr>.n4 
 
168 
 
 4— To 
 
 Forward 21,405,94, 
 provision 
 
 m 
 
 - « o transportation depo 
 
 I'lattsburg to Fronch Mills L 
 
 January 1SI4 pr voucliors lierowitli. 
 
 fromTi;;^,.'!-''''.''","''' r""''^' "f transportation 
 order ,!?m''^ '"'"'".'?."* Willi.mH.ill.;. |,y 
 order of Major General Hall, pr receipts here- 
 
 vJZ'T" ^?""' "'""■'"=' transportation pro- 
 v.s,o„ ,,„,„ (5 ^j^^^. ,^_^^.^H pro 
 
 cd for deposit there, and afterwards ordere to 
 Wdljamsville by order of Mai. Gen Hall 
 vouchers herewith ' ""' 
 
 7.— To damages sustained by receivin:' of 
 Aug.Porterandofcapture<l flour as well ^.s Ctli- 
 er provisions purchased by orders of General 
 Smyth and by Qr. Ms. Camp, on the N^ira 
 frontier in June 1813, there I cin<r an excess of 
 C0M38. Rations of flour over the number ^f 
 meat rations at Sets. 
 
 Note, as the contractor was compelled to 
 receive the above excess by orders of the com- 
 manding general and not by the general stio- 
 ..lations of his contract and as it will appear bJ 
 the receipts for the same it was deposited i^ 
 various places, and in " bad order" at a dis 
 fance from the posts of issue, and without suf- 
 ficient store houses &o. He asks from the 
 justice and equity, of Government, as well a^ 
 the stipi, ations of his contract, that the reason! 
 able and equitable allowance be made to hi^ 
 on the access of flour received. See his re 
 marks in rod ink on this subject in his ori.T 
 Ml accounts on file in the accountants depar - 
 
 130,43 
 
 832,87 
 
 12,303,37 
 
 9,190,14 
 
 Forward 43,94a.75 
 
169 
 
 '(\ 21,405,94, 
 
 m 
 
 d 
 
 d 
 
 130,43 
 
 n 
 
 y 
 
 832,87 
 
 12,303,37 
 
 9,190,14 
 
 8. Tod 
 
 nma«?e sustnincd by not 
 
 - — p, — , — receivi..^ ..., 
 
 bnluiK'OM otncially declared duu, for which wur 
 ranto were isnued and certitlcuteH given, viz : 
 $\Q\ 24^^,57 dated 14 March 1815 
 56 756,42 " 27 June " 
 7 3}m,34 ** 10 July ** 
 which balancGH by the 10th article of the con- 
 tract, wore immediately to be jiaid, and like- 
 wise under a pledge (making a furllKjr part of 
 my contract of !25th Vvh. HJllJ,) made by the 
 the Hon. J amen Monroe^ dated 3lHt of Oct. 
 1 1 4, pledgiiiff that the balancoH due whouUI be 
 promptly paid on H«;ttl(;mrnt of the aforesaid 
 accounts. See rec(;if)tis for time of payment, 
 and certificate of J. VV. Yates. 
 
 Reserving to my heirs jind ns;<igns the right 
 to call for the bencifit of hucIi general provi- 
 ■ion a» congroHH may have made or may here- 
 after make for the general relief of public cre- 
 ditors who have furnished f^uppliesand received 
 the amount in treasury notes or in noten of 
 local banks which were he low Hpecio value 
 at the time and place of payment. 
 
 To damages suwtained by tlio augmented 
 price of the Whiskey ration furnished under 
 contract 25th Feb. 1813. Caused by an act of 
 Congress passed 24th July I8l3 to take effect 
 1 of^ January 1814, five months before the ex- 
 piration of said contract, laying a duty on stills 
 and boilers employed in distilling spirits from 
 domestic materials during the y(!ar 1814, sup- 
 posed duty being 14 1- ,* et» per gallon, amount 
 furnished in said period is 226,045 galls, at 14 
 1-2 cts. 
 
 Forward 43,948,75 
 .gth 
 
 ( ( 
 
 10,000 
 
 32,776,52 
 
 3,94o.75 
 
 Forward 86,725,'27 
 
vy 
 
 31 
 
 i70 
 
 jln «^ r '^^*^' '^^ ^''^' '''"^' '^ took en:.cl. Ist 
 Jan. '«I4, amount or -alhMKsiurnislicd in sai.l 
 period IS mVdo, at cts.* ""'^"^'* ^" «'»'« 
 
 Washin^rton, Aug. 11, 1813. 
 
 J>lls. 8(i,?25,J7 
 
 Sir, 
 
 ALBERT AIVDEii^OiV, 
 
 Washirfnfon, im Jngvsf, 1823. 
 
 fiincerccdvedfromtho Wnfnn.rr. ^^Y'-'f'"*"- • tinve 
 nipo ..r "«JiiiuiL ^^»»and i ix'asuryr ^nts.,ofIi^iaU•o- 
 
 Ples of I'orresponi (»ncp with tl... Iw.o.i ^-^i -^'V'*^'"'*^ 
 
 red on the 3,1 of February a.J t ImJ il^'V 7' '*''"- 
 _prore^tecl biil«. Alter my accounts and vouchers had 
 
 * 89193 gallons at 14 1-2 cents U i^ q*?* uo i ■ 
 tuined in consequence of the tax, iVItoJ;^?. ' "^ '"''"'"« '*'" ^"'•^ '"" 
 
 SUI' 
 
 \ 
 
 \ 
 
 •>%' 
 
^'\ 
 
 rd 86,725.27 
 
 (I 
 
 I, 
 It 
 i\ 
 
 *' 80,725,27 
 
 sf, ] 823. 
 
 1(1 you my 
 <'|»t. (hmd 
 "j>plies of 
 States, <br 
 3. I tinve 
 officJaJco- 
 ■ (iepts. u8 
 ^carijig on 
 
 imittpo of 
 ^as reJ'er- 
 lie repro- 
 it tlioro- 
 rUvAihwly 
 :3stablish- 
 « of hills 
 •ibilifv of 
 ted bills 
 
 liibit no 
 rlarrm. es 
 
 berp had 
 
 «1 luss SUt". 
 
 
 
 '*^' 
 
 171 
 
 been furuiajbcd, claiminuf a l)alnncc of nearly $S(^0,000, 
 of which a huijo amount was su8p(>ndod, leaving a balance 
 of niorti than ,>'2riO,()(IO due mo as ollicinlly reported by 
 your dcparimcnt ; y(;t my drafts for ,^2(JU,UCMJ were dis- 
 honored and protested. 
 
 If (Government have ordered protested I)illfl to be i>aid 
 with dama«|es, as aforesai<l, a measure so just will give 
 additional evi»Ience at home and abroad of their good 
 faith and credit, and will k;ot fail to inspire the creditor in 
 future wars and emergencies, with IhatconlidenceaoesMm- 
 tial to the interests and honor of the U. {States. Under 
 these considerations, it is due to the reepect I owe my own 
 chnracter, and to the solemn regard 1 have for the welfare 
 of my posterity to make known to your department as 
 promptly as possible, that I chiim the damages aforesaid, 
 to the full extent of the usages and decisions of the War 
 Department, and to a complete understanding of my case, 
 I claim all the stipulations of my contracts or the reasona- 
 ble construction thereof, as have been granted to the 
 most favored of my cotemporaries who have faithfully and 
 truly given an equivalent in services, and have rendered 
 vouchers for the same. 
 
 My sentiments and deeply wounded feelings on the 
 subject of protested bills, have been re[)eatedly and res- 
 pectfully made known to the Hon. Gentlemen who have 
 successively had charge of the War Dep't. in 18M, &,'15 
 as will more fully appear by letters of 23, 24 and 30 
 March 1 8 1 5, &c. to If on. A. J. Dallas, Sect'y of War, now 
 on file in the War office. 
 
 With a view of all the subjects that may be called in 
 discussion, either by private or public examination of my 
 claims, I leel it a sense of duty again to call your atten- 
 tion to the balance due me, and sus[)ended in former set- 
 tlement for damages grown out of the improper interfer- 
 ence of General Wade Hampton on the northern fron- 
 tier. The interference of Gen. Hampton, with my right 
 before he had occasion to call for, or receive a single ra- 
 tion in my district of sup[)iy, was a serious injury to me, 
 inasmuch as I returned to the supply by his own request. 
 
 ^ 
 
 ,!". 
 
'I ■ 
 
 V 
 
 f 
 
 lita 
 
 17i! 
 and I,v ord^r of (I,o War Dp,,', „, 
 
 hazard, an.i i„ „« „,„,,, „, CtZj?':^ ^"""««<'" ""'1 
 tl-nt year and H,c ton.,.„n, '.,/"''" " "' '« ca".|mis„ "f 
 attributed to ,|,„ curLtor^J . „, J!^ '''^"'" *">ovo. wore 
 we fact, that (ienend lln.„^<,,i -I '""■"""s '«"<'rnnt of 
 hav.njr u.ur,„.,| ,),« no w > """ "'? «'*"""t«l.l.;. I.e 
 
 Wo cert,(,.a.,.s «ccon,,,«„yi, , ti e clai n „ .'"• '^<"'P««a. 
 majrps n( .? i(),(ioo. Tl.c a n'om., ' ''"""ated tie da- 
 
 IcnvM.., a balance now claimed S»50o' ^''■"' ""'"^<"'' 
 
 In addition to this tlmro • "J'.-^""- 
 beeves, sla„,,|„ered at Niaearjf ""f"" /°'' ="5 W-'es of 
 as suspended in stafin,,, of bir ""■''**' "'"" -f'««royc,l, 
 50-00. This is agai^ ch. me tmr;,' «"":""'^'.767: 
 the conti-aet. it cam.ot be cZi I. i "" *"'' •"■"«'<'' "f 
 required, that the hides are .^ott " ^''"'' ^'■''^'" 
 
 i..geattlo to, he place of Issue ""^''"'^ i" transport- 
 
 paid for by appraisal un, erXe ' ' m'T'!' «''""''' '«' 
 can It be said that the saineTrft ' , '" °'^""' C'ntr cj, 
 the hides of b,.oves, tha have , ,^ t'T' ^'"''"^"^ '" 
 f'".t at the time ..f capture ? I '■ , .""^'"T'l'' "■■ "^^ on 
 of casks and (laekag-, s capture' l.'l *"'''''« a'"o"nt 
 
 aforesaid article, and tli^Ci fr ' H f"-"^"'' ""'''"• "'O 
 tract, allowin. an au^inei'I J p i^e^f':!,"""' "^^ «"»- 
 pei^se of issue, &.C.. in fhe enemv' . •. " '■'"'°" ft"" <-'X- 
 
 After the vouchor , and |et"e7 1 l'".''^- 
 before your department ^hallli^l ," "'*' ''onorto lay 
 t-ny. should itt your op ;io! IL?^'''?««« « "?"' «cr/ 
 ment of any item, , he samninl Ifi ,T" ''^'"""al settle- 
 Hon Sect'y. of VVar. I , "^V^ wlif ■ " '"^?'"'^<^ to the 
 to al,ow„e . copy ofy,Ju. ^Z^H^^Z^I^ 
 
 *«■,-<»■ 
 
> tncof flu, 
 
 nilocH and 
 •»»P'»'^'n of 
 )o()8, were 
 (nornnt of 
 "t/ihlo, jje 
 '»olo rc8- 
 'f>P0Qr by 
 
 f^t'specta- 
 
 'd the (Jn- 
 
 B wns on- 
 
 aliowccf, 
 
 hides of 
 'stroyed, 
 
 rticic of 
 
 > bocf is 
 aiisport- 
 
 pressed 
 ould be 
 mtr ctf 
 ndc for 
 r are on 
 
 iinount 
 lor the 
 
 K con- 
 fer ex- 
 
 to Iny 
 1 scru- 
 settle- 
 to the 
 >dne«s 
 tioDs, 
 
 173. 
 
 that I 
 ill 
 
 my hav« limo to rn[)Ivafld plaoo sirfe by gid^ „,» 
 1 l.i.strath,i,.s. IfytMi will do mo the favor toncknowlodce 
 the receipt of ihi^ letter, and the one of the Uth i ist. in- 
 Glosincr aceiiunts, . 
 
 Vuii will irrcatly nliViite ' "' 
 
 Your ob't. aervant, 
 
 ELBERT ANDERSON. 
 ,« ,, _, _, Late Army Contractor, 
 
 reterllagner, Esq. Third Auditor. 
 
 Supphmcntarij account and claimn in Equity, 
 lo amount of ea«k« and packages furnished under 
 tract, 25lh of Feb. 1813 
 
 25 007 80 
 Less amount received \.u..k for issue, 14,175190 
 
 con< 
 
 10,921.90 
 
 20,00O.0C^ 
 
 ri^a?, ^^^^^^^ ^n ^y ^'lls for ^150,000 and 
 oU,UOO, protested, sec vouchers and protest 
 on hie. ;^200,000atl0pr. ct. ; 
 
 To interest at 6 pr. ct. fV m the tst of March, 
 the time the Contractor had a right to draw to 
 1 St of June, on 250,000, 3750 
 
 interest at 6 pr. ct. from 1st of June when all 
 the services were performed and the provisions 
 delivered, U. S. viz : 1st Nov. 6250, 10,000.00 
 
 Interest on same from ist Nov. 1814 to the - 
 
 Forward 40,921.90 
 
 *n,^« l^*"— Th' late Contractor does not think it necPssa- y to exhibit the 
 entire correspondeuce with the Third Audif.r, on (he claims set forth, nor 
 he rephes ihtreto, nor the .ujfsestion of 3d Auditor to 2d Coniptrollor, or 
 the Contractor 8 a.iswer ; morP esppcially an the 3d =iuditor has recently an4 
 since thecommenceraeut and publieaiionofth.remonstiance (March 1824) 
 corrected his error of ^10,235,35 .s contained in hi. sugge.iion to 2d 
 Comptroller, 27 bept. The Contractor hope, that the 3d Au-Jifor will yet 
 
 AnTK^°M'r*l'l'^'".r"'°'"" '«"^' misiakeiin hi, report an<Uug?e8iion>. 
 And .hould the 3d Auditor hare it in hi, power mxv or hereafter to point 
 out any m-#r the Coni^ractor has inadvertently cowmitted io his official 
 ■c^n.-nta o? -e.ence, he will not hesitate to ackuowiedee promptly ererr 
 error respectfa'ly made kaown t« him. 
 
 I 
 
 If- 
 
 ■'•fj^v^ 
 
■I: 
 
 
 : 
 
 174 
 
 |4thof\rarch, 18I5thof;mn.i i , ^""^''^ard 40,921.90 
 declared aud ^ar^amtu'r '" '^^^"^^^^ 
 
 To disc 
 
 5,625.00 
 
 notes mhT'^" ^^^^^^ '^'^^ in trea"^ 
 
 ■Discount on 188 (IV> oi ,- • i • ''^'^'^ 
 notes :I Jan laiR ' '^??'-'»'e'i m treasury 
 
 8 47-100 pre ^'■- """"^'^'''^ '^ «bove a{ 
 
 *^ 15977,20 
 
 Wew- Vork d,r„^ ^ uT^"' ""'' Alexandria to 
 
 the Bridlh r„ /afs*" ""'''""'^ '^'■"'« «=°««t by 
 
 Less the usual freight by water, S " 
 
 ^ To balance due nn ti,^ : * i' 5,949.00 
 
 ^«mpton, durina'f ^ interference of Gen. 
 
 the ^^^::ts;'^t^?yf - 
 
 «"«^e„ded i,, former account'. ""^ ^'" '"^'^ "^ 
 
 wastase'on tf:-i:su:"oTr:auL''''T ''!"' 
 flcent of thfl Sf i . - rations in the de- 
 
 pr. cJh ation ar"rr7,''; V"^ ^"^^ • 
 tract of the 25"h of^eb r if ^ '''' ^^"- 
 mentwith my account« in .^ /?' P'* ^^^^^- 
 olfice. ^ accounts m the Comptroller's 
 
 4,500.00 
 1,75000 
 
 E. E. 
 
 5,749.63 
 
 Dollars, 86,709.73 
 
 To Hon Tnhn n J^^TJ^^ ^^ appeal. 
 
 • ^'^'' ^' ^y^^]'--^ ^ecfy^ of the DepH of War 
 
 ^-y itbe permitSt/te%'''' ^^^^-^-^^823^^ 
 ^n to lay b'efore ^IX^^L'^: "^^^^^^ -ti- 
 
 ^ --•- «i«i|jiv; jaiiguage, 
 
175 
 
 m- 
 
 40,921.90 
 
 5,625.00 
 
 12,214.29 
 
 5,949.00 
 
 1,500.00 
 
 1,75000 
 
 ^49.63 
 r09.73 
 
 JVar, 
 
 1823. 
 ? citi- 
 uago, 
 
 and witli all possible deference to your better and more 
 practi.<e(l judgment, the considerations which ought most 
 to operate in the discussion and final settlement of my 
 claims. 
 
 In asking the fulfilment of public pledges made so- 
 lemn by the peculiar circumstances of the country, at the 
 time they were made, I only ask the Government to study 
 its own honor, and secure its own interest. On the invi- 
 olate purity of the public faith, reposes the safety of the 
 commonwealtli, for unless she observes in the fulfilment 
 of her compacts, a system of enlarged and liberal policy, 
 she can never expect to command, in the hour of danger 
 and in the day of trial, the full and undivided eflTorts of 
 her people. And the day may come before we are aware, 
 when Nothern America may require all the strength and 
 treasure of her citizens to defend the very existence of 
 her political liberties against the deliberate assaults of 
 confederated tyranny. 
 
 These are surely considerations which very forcibly 
 urge the necessity and the expediency of applying the 
 most equitable interpretation in the construction of all 
 contracts between Government and individuals. And 
 accordingly I feel assured that in the adjudication of my 
 claims, I shall not suffer for^e want of express or speci- 
 fic " assurances." 
 
 Had I presented myself at the seat of Government, at 
 the most critical period of the Campaigns, ofl812, 13, 14, 
 I could have addressed myself, as others did, to the fears 
 of Government. I could have alarmed them with warn- 
 ings of anticipated disasters, and have obtained codicils 
 to existing contracts or *' assurances" verbal cr written to 
 make me. good against all emergencies. 
 
 But I never will consent to ask the fulfilment of any 
 pledges or the benefit of any decisions, but such as are 
 applicable to every citizen in similar circumstances. Nor 
 do I believe that if all my claims should i;iow be granted, 
 your decision will wai t any other justification, than the 
 terms of the existinsr contracts, their stioulations and im. 
 
 ill 
 
 ii 
 
. 176 
 
 Partial construction • vpt T or« r . i , 
 
 not accept any compen^a ion Z jf '" ^"'^'"'' *•""» ^ ^^"' 
 
 ..n,e.ene„ded b, a genera, dect5ntrui:;;"S1 tt 
 
 ^y the rules and usao-eo nf th^ \tit i^ 
 =» "glit to dra,v for advance/ttn. ""?'»«•"«"«. I Imd 
 expiration ofniy cont act ri^ hroe months preceding the 
 yet my drafts weronn' ?" ""^ 'st of March, fsU 
 
 vouchers had been re^lllv f" ""^'T J^^ "'"'"'""« «-" 
 ?««» Aa»,<, bce„. grantcdZlL '^"'""f' »" protested 
 
 •'amages will be <le,ned,„e R ,, ""''•,'r''''"r'"«^'"«'«"d 
 case was one of succ, "« and . f ' ''"'■' ' l'""" '"'«" '«''' "'y 
 'fcpartment, has declarS tl « Jl Mff ''^'^ f'^'^ ^^om 
 account,, there v.asup^„Z:filltm^f'^''"T '^'^ 
 no damages or extrdmicef.^it, ' t'" ™'^' *"' '^''"'^ 
 *.?«.«« ofthcadZZs/mtdT'"''' ''"^''l«'^i«con- 
 
 weSrsrtttfcr "^'"' °^'"^ «-<i» 
 
 «ence of advances justly drmenf/r*"''",' ''" "'« ab- 
 ■sury was empty, a,.d the enemv wLp h""" •^'''" "'« •^•'«- 
 "igs and laying waste and^S^ ^"T''^ °"^ '^"'ell- 
 
 » '^■i not b;pfeaded?gl3tt":,::tS'r""'/r'y 
 banks on my own credit and tfrcr^H?- V '"''^'«■'"^ «■""> 
 
 llie purposes of governmenVn^M.'^ "'^ "•'•'"'^^ for 
 
 «t« be placed in ba. ,0 my'^i"^;,. :,'"/'-" P^f^^^-l pro- 
 
 jnaybe said I can assureVi^ • - * ' /hT,'!'^'' "''atever 
 
 l>eheve me, that tlie actiini ZJl , '""""^ y^" "'i 1 
 
 'ourfold, yet the hazard tfnttTand" ""f™"'' 
 the engagements contin.rer • STl ■ ''°™P''«ated, 
 exigencies of time place ^° .hl^.^P't ''''"'' •''° 
 -redonbtfid. U^.J^^ eh^^l^^S^t ^^PP"'^ 
 
* 
 
 177 
 
 that I will 
 Jeiving de- 
 and Silver 
 unless the 
 ' to all the 
 
 ent, I had 
 eding the 
 ch, 1814, 
 'Oiitoher, 
 imts and 
 g nearly 
 Hskonor- 
 protested 
 ^ the set- 
 er cases, 
 irestand 
 told my 
 of your 
 it of mi/ 
 ut I had 
 ' in con- 
 friends 
 he ab- 
 e trea- 
 dwell- 
 surely 
 ^ from 
 ds for 
 d pro- 
 atevor 
 1 will 
 
 srated 
 
 »ated, 
 
 St the 
 
 •plied 
 /?j 
 
 I'rH"?'"'"''"™'''"^ *" *"' "^ «" °''li»«'-y mercantile 
 iransactKin. 
 
 Sympatl.y «,r the misfortunes of a debtor is natural and 
 laudable .u private life, yet it cannot be denied that k 
 should in some measure be circumscribed in public tran- 
 sactions because strict justice can only be measured and 
 
 Ztft^^'""T''^' ""'^ ™'^''^-' L»w, an<nf-tle gen- 
 erous feelings of our nature are to be thrown into the 
 
 f,^ifi.°!i!"' ";'"""• '1 '::'".'" "" Sreat measure tend to he 
 jusufication of every defaulter on tlie books of the treasury 
 These remarks are drawn fixm. me, bec.mse it has he- 
 
 grant to tl.ose who are reputed unfortunate cre- 
 dits which may be denied to the just claims of tTe solvent 
 creditor. Hence ,t h: d become an axiom in public ran 
 sactions to obtain more money from sovernmen as ad- 
 vances than culd be oifsett by official vouchers and 
 credits at the timp of settlement. vouciitrs and 
 
 „i!!" ^'"'^'■"i'"?' emanating from the will and intelli- 
 gence of an enlightened people, such principles must an 1 
 will have a tendency todriv/a^ay eveVh|l winded and 
 honorable man from their service, a,,d leave t"etreasur^ 
 Tfh^l ""P---" e"t a<lventurers. The natio^C S 
 m the heads of department with the advice i,„d consent 
 oftlie President the I'ighest chancery powers to admfnis 
 terbetween thecreditor and the governme„t!and we cannot 
 but believ. thai e^act and impartial justic; wiU be "d- 
 mmistered to a 1 ; and yet already halo our courts taken 
 the solvem debtor under their nrnt,.,.t;„„ ^"""s idKerj 
 ot^ettstothesuitsof ti,. U.'^'; Klrre: Tee 
 that the people in their capacity of jurors conceivhIL thn? 
 justicema. possibly be de. 3d, step ,0 the reS ?f the 
 TT'a '/''''^«.'-'r"' ",'"« government whoough^ to bo 
 considered invisible and incapable of doing wron. are 
 now from the want of confidence in their LT= e !ut o 
 then- j,Ha and are to be impleaded with the d^K 
 before their own courts and jurors. How necesTary if it 
 
 I I 
 
 ,1 \ 
 11 
 
m 
 
 ruW, T f""*"' '='''"'•' '° '""■««' tl'e councils of our 
 
 i anticipate the reply to these observations timt ovprv 
 person aggreived wril finri fl.o i.„ii /""""S' '"at every 
 tliat they are ever readvt,, hL^. ' "'^"""S''''^^ "('<"> and 
 ferers an'd do jutticeto' he iTu ed ^'Tu"\f "?'* ^"'■- 
 often delayed until the heart Sen,'? , ^ !, ""' ^"^^""^ 
 relief is po'stponed .sessiorift "toLion un f ^Tf 
 sinks under the mind's hope deferred UndU. 1™! ^ 
 a generation may pass aw^y beforrrllie'ft "d nirstrj-' 
 but these circumstances shall not df^fpr tK« . T • ; 
 from the trial, and as he has eonll m ousry ZeZ'Zt 
 
 wui ne, as lite may be spared, without fear of poDular nln 
 mor or private calumny, continue to look wi h'^co,"fide„c: 
 to those universal rules of equity and justice wWchh^^^ 
 
 :nd"hl;^;r.''"'' "--^-p^-e this far^ot:Ui; 
 
 I cannot be disappointed in the result of mv anneal to tl,« 
 2d Comptroller and the protection of thetio^^PseetV of 
 War under my claims of equity and constn.Pt;r:n Jfu ^i 
 andtbe contract and for inlerJs, and d^eZ; o's^e^ 
 bills and delayed payments. Yet there is one cla m from 
 he responsibility of acting on. which I voluntaX release 
 them, nor wi I complain that it should be refeed to that 
 august body tor relief, who, no doubt for wi e purposef 
 imposed the tax "to sustain the public credit " „„ ? r 
 the essential articles which I was Cnd to furnish in a con 
 tract made by their ministerbefore the tax Z al f jZ 
 clmm ,s one that addresses Mfto the ft J'„^'mi/ij 
 truest pohcy of an enUghtenc.: ration, ever jeal2'„fiU 
 own righ^ and ever ready to redress the JonTd^LZ 
 
 tH: il thT ^'■'i" T '^"- ^''''^' the cot^tm on 
 enjojiis m the most solemn manner the 
 
 
 
1. VV Jicn 
 a of our 
 visibility 
 rainrnels 
 
 at every 
 »pen and 
 the suf- 
 t justice 
 romised 
 le body 
 le cases, 
 istered : 
 rsigned 
 his duty 
 ices, so 
 liar cla- 
 fidence 
 h have 
 •sperity 
 
 1 to the 
 ct'y. of 
 he law 
 )tested 
 n from 
 elease 
 to that 
 posps, 
 ')ne of 
 a con- 
 71iis 
 s and 
 of its 
 me to 
 ;uti()a 
 
 ^A 
 
 179 
 
 gard to the fulfihnent of public faith ; this claim for indem- 
 nification to all who have been injured, is one that must 
 ever be acknowledged by the unanimous consent of every 
 man in this community. 
 
 Should my efforts to obtain a general act for the relief 
 u{ all the sufferers under the act of congress, 24th of July 
 1813, be unsuccessful, I shall regret it, because many un- 
 fortunate claimants have died and left widows and or- 
 phans, to whom the relief would be true mercy, and legiti- 
 mate justice : as to myself I will retire with cheerfulness 
 and continue to teach my children, as my father taught hig, 
 that in all circumstances of life, a vigorous mind is suffi- 
 cient for itself; to be humble in prosperity, in adversity to 
 b' igned — by an undeviating practice of honor and 
 i .leg' >ty, and by a determined and useful employment of 
 Til: and body we shall obtain the long looked for secret 
 of tne alchymist and sage ; independence, health and hap- 
 piness. 
 
 With great respect, '' 
 
 I am, &.C. 
 
 ELBERT ANDERSON. 
 
 il 
 
 I 
 
m 
 
 # 
 
.aHi? 
 
 ^<©SfffaiT5f 3 
 
 Remonstrance and Protest, Page, 3 
 
 Note and reference to Facts, |g 
 
 Correspondence and Orders, 31 
 
 Contracts, Documenty Slc. g^ 
 
 Correspondence and Documents on claim for Interest 101 
 Equitable claims and Opinions, 133 
 
 Cask claim and Opinions, 133 
 
 Claim for captured Casks &.c. 14^ 
 
 Claim for damages, in receiving provision not required 
 
 by the Contract, I55 
 
 Claim for Transportation, iqq 
 
 Claim for tax on Whiskey, ]g3 
 
 Account current under Contract 7th of November, 
 
 1811, and 25th of February, 1813, 1 66 
 
 Letter on claims in equity, and amounts suspended in 
 
 former settlement, ^ 170 
 
 Supplementary account and claims in equity, 1 75 
 
 Letter of appeal, conclusion, 174. 
 
1^ 
 
 4 
 
 ir 
 
 ^v. 
 
 ^^1^'\ \ 
 
 l\ 
 
 
iiiPipmifiDa:^! 
 
 » 
 
 
 Beply of the late Contractor to the remarks of the Thr^ 
 Mitor, on the Claims set forth in the Supplementarif 
 Account now before the Second Comptroller, under Con- 
 tract 25th February, 1813, expiring ist June, 1814. 
 
 CLAIM I. 
 
 Cask and Packages S5,097 80. Less amount rec$ived back 
 • /or issMe, 814,175 90. Balance, ^i0,92i QO, 
 
 The present claim for packages was made with the one 
 under contract 7th November, 1811, in 1815. (See printed 
 Document, 20, 21, and 138 to 149.) Amount, page lb7, 
 S 13,972 30. This was suspended in the account of dit- 
 ferences. Tlie rejection of the claim under contract S5th 
 February, 1813, is in the following words: 
 ' « I have considered Mr. Anderson's claim, and cannot 
 assent to its being allowed; he will, if he thinks himself 
 aggrieved, take the redress of an appeal." 8th July, 1815. 
 (Signed) A. J. Dallas. , 
 
 The appeal was to be made, in the first instance, by Mr. 
 Dallas' request, and consent of Mr. Anderson's agent, to 
 the decision of the Attorney General; measures were taken, 
 and the case was to be laid before him. But Mr. Dallas 
 departed from the agreement, and placed this veto on the 
 files, leaving it still open, as the President should direct, 
 for the Attorney General's, or the Comptroller's final decision. 
 It now divides itself into two questions. 1st. Shall the al- 
 lowance be made to Mr. Anderson for the sum of 8 13,972 
 30 cents, under the head of allowances for extra services, 
 and under the peculiar exigencies of the times when he made 
 these deposites? See requisition, Feb. 25, 1812, and page 
 31, and the case, page 54, 145. 
 
 2d. Shall the cask claim be allowed on its own merits, 
 and as justly due to Mr. AnUersou, as a re^ooaablc luuciii- 
 
 \ 
 
i ^ 
 
 ' purposes and use 
 
 nity for property withheld from him f(.r 
 of iTOverument? « 
 
 This rule would be in acrordance wjth the practire and 
 usage of merchants, and founded on priucin es of ilhr. 
 
 f.ln!J'i u ^*"' **"? P'*»Pt'»'ty of B. that can be Leer 
 
 tamed by number, weight, or measure, A. h bound to return 
 
 ^LT"' """ ^'"' ^^'f ^'^'^^ **• indem^dfication. As lo the 
 practice among merchants, if A. goes to E's store or m 
 
 purchases 100 pounds of flour, a.d takes li's sTk orT«/ 
 
 us value, ho, in case of importation, or purchase of ao. il» 
 in our own country, where the article is purchased hv S^.W 
 or measure, the vessel, or package to couTl^ is ai% 
 
 It has been said the United Hlatcs have not been in the 
 practice of paying f„,. packages, c nlainiug raionT ' not 
 
 ,,« » r/ .1 ?™*' •'ecause the proposal and contracts 
 
 c" e^tht^;;* 1 "Z'' '"'^'"''"'S "' --1 contents ttht 
 tase, tney paj for the contents, in an enhanced nriri- t« 
 
 compensate for the vessel. The practicrof Govemmenf 
 
 pay lor the package in a separate charare. whenever tC 
 SLr^Ph? for provision r^uired and ricdj "d for te 
 package. This principle is applied and fixed in numero « 
 cases in my own accounts, and believed to be UieTaseT 
 
 ty7.u:llTlrTT- '^""^ '' •- "een acceZ to 
 oy repedted acts of the Government, under the snmp fnrm^ 
 
 or a df % ""i** '^ '?" U"'"-" States rnendedlem™' 
 
 gencie* ol war, to retain a large amount of nackases tl./v 
 
 dXlr h thlV*'","'''"'' .""" "■" -'-- Sid"b^ 
 
 Dresen^rir^lJ? ^T^"-"" P^^^S^- The Contractor and 
 
 ex sLnce tI^tt '^^.'"f E'"™"' "§•"«' ""<> 'he usage in 
 thennWof ,[^ JJn"""'. States received an equivaJeSt in 
 ration rtr/i "'"?' '"*'" 'Misunderstanding andconside- 
 ff«H !; u ? ™''''^' **« ""^ Contractors' afSr being emn 
 fed of Its contents. And, after they have reaped the ?dv"n 
 
 ^ 
 
tage, U would be mftnifestly unjust not to p ^ 
 party a leasouAuie vaiue for the packages retained. 
 
 the injured 
 
 ^r. 
 
 CLAIM IL 
 
 Damages on two hills exchange^ protested; 
 One for 8 150,000 ) „ ^^,, „^ 
 
 Do. 50,000 5 * 200,000 at 1 per ct. g 20,000, 
 
 The late Mr. Piatt was alloifed by the Accountant's De- 
 partment, m 1816, 10 percent, on his bills for S10,(i00dol, 
 
 iTnniTn """"^^ *"' advances due by the G(,vernmeut, 
 21,000 dollars, as a reasonable allowance for the damaees 
 on his bills being protested, Hee printed Documen* 120 
 1^1, laS, & 1S5 *^ The fact of a bill being pr«rerd:is aJ^ 
 ways considered as of an equivalent damage to the holder, 
 to the amount allowed." It is, in fact, an Allowance ou its 
 own merits, and is considered as an equivalent for the in- 
 jury done to the credit md character of the party drawing, 
 and who had a r ght to draw. The ri^ht of drawing biUs 
 is established on th^ee principles. 1st % virtue of a nre 
 vious understanding by ^ .y of an advance. 2d. After in' 
 voices or bil s of lading are received. 3d. After funds or 
 goods are m hands. The I nited States, by usage, agree to 
 pay A. in advance, he having given security for the perform- 
 ance of his engagement., it is his right, because he has 
 given a consideration for the capital to%e furnished him k 
 advance, by security and by the lowness of his bid at the 
 time of making the contract. If the contractor A. delays the 
 pniodo drawing his bHl until the Government are fuinih 
 ed with the invoice or bills of lading, the United States gain 
 the interest, and have additional securitv; they surely aie 
 doubly bound to pay the drafts. If the contractor A his 
 no on y given his invoices, but actually. deposited the goodg' 
 with all the vouchers, the United States are triply secured 
 and the obl.gation to pay his drafts is as three to one. The 
 right to draw ,s paramount and exists with all its force 
 before the right to receive, an invoice, examine the goTds 
 or test the arrnra'^v nf ♦Ko .i..^ ^„i_ _!., , .. gooas, 
 
IMAGE EVALUATION 
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 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, NY. 14580 
 
 (716) 872-4503 
 
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 riglit to draw was unquestionable, my security was on file, 
 duly approved, of six respectable aud wealthy citizens, 
 joikied in the bonds for 100,000 dollars. Hervices performed 
 and acounts rendered before drawing for S63,000 dollars, 
 making 393,000 dollars; and yet my drafts for 200,000 dol- 
 lars wei-e protested, although presented eight months after 
 my right to draw, and five months after the equivalents had 
 been rendered and received by the authority of Government. 
 The damages I received for the want of these funds, will 
 be seen by reference to my letters, page 101, lOS, 103, 104*, 
 i05, 106, and I07. In thf, great necessities and calls of 
 Government, preparatory to a statij of war, see letter of the 
 Hon. W. Eustis, secretary of War, page 31, when my 
 bonds were only S0,0G0 dollars, yet I am permitted and 
 directed to <"draw as I make my purchases." The last 
 sentence and words in my expose to supply the Government 
 previous to the contracts being signed, see paeje 80, contains 
 this express stipulation: "Correct iuformaiion as to the 
 required supplies for the next campaign, and funds to obtain 
 the means of its execution as early as possible." To show 
 you the advantage the Government reaped by the delay of 
 payment, and failure of these reasonable expectations, held 
 out to VLii when the contract was made, I will barely refer 
 you to the note, page 107. The Third Auditor, however, 
 has admitted the generality of the decision of the Secretary 
 of U ar, of S7th January, 18i6; it is for you, sir, to apply 
 the soundness of its principles. But, sir, my claim is at- 
 tempted to be defeated, by saying 1 am not a Contractor for 
 1814, and, tlierefore, do not come under the provision. My 
 contract is dated in 1813, and expired in June, 1814, yet 
 I am not a Contractor for 1814! ! Surely the Third Auditor 
 is not serious, after admitting the generality of the decision, 
 to place me beyond the pale of its provisions ! The extr. me 
 weakness of the plea, had it been made in our inferior courts, 
 "by the most petty barrister at such court, 1 should presume, 
 would cause him to blush for such a subterfuge and weakness 
 before he retired from the bar. 
 
 The letter of advice had preceded the drafts, the Account- 
 ant's Department had acknowledged the receipt of all my 
 accounts, (see original letters herewith,) and the Superintend- 
 
 " 
 
 
 # 
 
..( 
 
 J 
 
 x\^ 
 
 
 
 cnt Generd of Public Supplies advised me on the i4th Oc 
 tober, 1814, (see page 100,) thirteen days before my drafts, 
 that *< my accounts of deposites had been received and exam- 
 ined, and the persons with wliom the deposites were made 
 were held accountable fc the same/' The deposites, as 
 remaining on hand, 1st of June, it is believed, exceeded 
 aOO,000 dollars, and with this acknowledgment that all my 
 vouchers i.ad been received, the deposite accounts exceeding 
 S00,000 dollars, as actually on hand, ist of June, adjusted 
 to my credit, and other agents charged with the amount, to 
 say I was not authorized to draw, is as strange as ridiculous. 
 W bat would you think, sir, if A, with a right to draw on B, 
 m advance, should decline drawing until after the invoices 
 and bills of lading were received, the goods in store, and 
 actually transferred to the debit of a third person, and yet 
 his bills be dishonored and protested ? 
 
 The decision of the Honorable Secretary Crawford is not 
 only general, but tmbraced the two years when the Govern- 
 ment was unable to meet its pecuniary engagements. It 
 would have been preposterous to have included other yoars 
 in this provision, because, at all other periods, the United 
 States had it in their power to fulfil every engagement. If 
 any distinction is to be made it will easily be seen it is in fa- 
 vor of contracts made and dated in 1813, although expiring 
 in 1814. In 1813 the Government paid in specie, and the 
 price of provisions were at the par of specie; in 1814 the 
 Government paid in paper, and the price of provisions rose 
 to the par of paper. The contracts dated in 18 1 3 required 
 the peculiar protection of Government, more than ose dat- 
 ed in 1814. Every person conversant with the times and « 
 state of the currency, will attest to the correctness of this po- 
 «ition, and its unquestionable justice and equity. But again, 
 if my duties expired on 1st of June, 1814, or had the con- 
 tract expired 31st December, 1813, the Government still 
 had obligations to perform to a completion of this contract, 
 until all demands, growing out of their default, were satislt 
 ed and paid. 
 
 # 
 
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 I 
 
 CLAIM iir. 
 
 Claim for interest, for not receiving the usual advances, founded on 
 usage; the amount estimated by the numHer to be suppUed,aiid the 
 aggregate of the preceding quarter, the minimum estimate is taken 
 at $ 250,000,/rom \si of Mtrch, 1813, to 1st of June, 1814, three 
 months, at six per cent. - - - jg 3,750 
 
 Fromlst of June, when all services had been performed, and 
 the provision delivered tu the United States, to the 1st i/Vb- 
 vember, on J5 250,000 - - - - 6,250 
 
 10,000 
 Interest on same, from Ist JVw. 1814, ai which time my bills 
 were protestedfor j^l 50,000 & 50,000, and my accounts fil- 
 ed for 55263,000, to the time the official balance was declared 5,625 
 
 In every contract bet\^^een indkiduals and Government, 
 the individual is induced to offer a lower bid, whenever Go- 
 vernment, by any stipulation or usage, presents to the Con- 
 tractor a reasonable prospect of advantage, such, for instance, 
 as the capital or funds m advance of the required expendi. 
 ture for three prospective mouths. And if subsequent events 
 turn out to defeat the expectation of the Contractor, by defer- 
 ring the payment of advances, or, when paid, by paying in 
 depreciated paper, contrary to the expectation of the parties 
 when the contract was made, it would be oppressive and 
 unjust to deprive him of an equivalent indemnification, and 
 for advances which had already accrued and been reaped by 
 the Government, in the low pcice of the contract 
 
 It is said the only true rule of interpretation of contracts 
 with Government is to place them in analogy with individual 
 cases; it cannot be doubted for a moment, that any court tak- 
 ing cognizance of similar cases between man and man would 
 hesitate to grant relief, to the just expectation of the injnred 
 party. In the contracts referred to in 1813 and 1814, ad- 
 vances were to be made, and the usage of the Department 
 always held out those advantages to the Contractor through- 
 out the whole of the term coritracted for. In the long expe- 
 rience I have had with Government contracts, I know of no 
 exception to this general rule, "^f he exception of the last 
 quarter* as relied on by the Third Auditor, would be repug- 
 
 * About the time the balance was ascertained to be due the present 
 claimant, March, 1815, the late W. D. Cheever, successor to E. An- 
 derson, receivru an auvance on nis last quarter oi JojQD,000< ^ iet 
 
 |V 
 
6,250 
 
 5,625 
 
 HI 
 
 t> 
 
 lec 
 
 nant to the spirit and memiing of the contract?, for it express- 
 
 iJnD ''^\T ^^^*^*^^«^f«* *>/ ti^^ accounts any balance is 
 Jounddue the Um.m States, '-^ all such advances of mo- 
 NEY ehall he a setuj agaimt the account ^f supplies,'' tc 
 And the suipius, il an^v, paid to the United States immerli- 
 , ateiy alter the expiratioii of the contract, with interest at the 
 rate o s.x per cent, per ann. until the same shall actually bri 
 repaid. If advances were not made on the last quarter, 1 will 
 Jimply require, how the Contractor could be indebted to the 
 Linited htates, the surplus, if any, was immediately to be 
 paid on the expiration of the contract— there could be no 
 •Mirplus except on account of advances. 
 
 «.Jn***^'*".ul'"*^''^'''''*",''PP^y ^« *h« United States as 
 well as to the Contractor. 1 he debtor, on the expiration of 
 the contract was to pay interest, and the interest from the Ist 
 ot June, until paid, cannot be denied me by any princinle of 
 i^ciprocity and justice ?'be digni^ of the vLd^i^i^ 
 did not require a stipulation to pay advances or interest, it 
 was considered they were always ready to pay; but subse- 
 quent events, and derangement of the fiscal operations of the 
 eovernment deprived them of fulfilling their part of the con- 
 tract. ( ee my letter, page lOi, 106 ) 
 
 stir nf y"P' v"', 'TT^*. ^"""S the late war, within the 
 state of New York, the last quarter was of the greatest im- 
 portance to the country, and the successful operations of the 
 next campaign, because large deposites, exclusive of the cur- 
 rent and general issue, were required to be left on band to 
 be issued by a new C»)ntractor or Commissariat. (See letter 
 ot my successor, page 99, and 20th October, 1814, pa -e 105 
 
 ma±fo/ ^!^^' '^'^^ ""^T ^^'^ S^-° f- 'j^^ Com 
 Z?nf f fZ ^"^ """"'^t. ^" *^^" ^^^P"*^*^* «» hand on the 
 fnlf T ^"* r'"^' '^^'''^ '^«»^^ constitute the Contrac 
 tor's vouchers (See page 97, 08 ) This was done, and the 
 vouchers furnished and filed in thejlccountant's Department 
 as fast as the m^il brought them from the frontiers to the Cot,, 
 factor's office in New York; «„d it was the balance of the e 
 deposites that was furnished on the 19th October, 1814 
 which constituted only 89,000 dollars of / >^63,004 58 J 
 (See letter Oct. 15 1814, page 103.) Tl<^ ^e had been 
 
8 
 
 previously furnished, as will appear fully by reference to the 
 files of the War Office and Accountant's Department. (Se» 
 page 100.) For my practice was uniformly to send triplicate 
 condensed statements of my accounts, to the War Depart- 
 ment, Superintendent General's Department, and Account- 
 ant's Department, and constantly urging and requesting the 
 settlement of my accounts. (See letters, pages 43, 54, 98.) 
 
 And here let me be permitted to state that the delay in the 
 settlement of my accounts — for you will fin J, page 108, that 
 my accounts of contract 7th November, 1811, were not set- 
 tled or reported on until 10th March, 1815 — was not only 
 the loss of interest to me, and the deprivation of investing the 
 earning of my contracts, but that this delay lost me the most pro- 
 pitious period of ray life, which, under other circumstances, 
 might have gained me honors in a department which my coun- 
 try and the Executive considered my qualifications worthy 
 of sustaining. (See letter,; page 57.) Can any person think I 
 would have declined this <tistinguished station, if my accounts 
 had not been hanging up in the Accountant's Department, 
 for the term of two past years, and under two contracts; for 
 lifid I accepted the offer it would have involved me in the 
 complexed situation of compound and voluminous accounts, 
 that, in all probability, might have destroyed my peace, and 
 in case of accident to the War Office, ruined my family and 
 friends 
 
 1 ask your consideration for this digression, but really to 
 hear the Third Auditor speak of delay in the se ling my ac- 
 counts, as a matter of every day's occurrence, is strange, al- 
 though he candidly admits they were regularly furnished at 
 stated periods, they were in most cases furnished every month 
 instead of every quarter, yet I am to suflFer for the default of 
 the tenth article of my contract, which says, no officer of the 
 United States shall impede the settlement of my accounts. 
 But I was often told the reason of this delay; and the Third 
 Auditor, then chief clerk of the Accountant's Department, 
 may remember the semi official excuse, other Contractors^ 
 accmnts are more urgent than yours; we believe you to he 
 correct and solvent, and the balance in your favor, but ice 
 have others who are doubtful in circumstances and security, 
 and whom we have reason to believe have more advanced to 
 them than they can offset by supplies furnished. This Ian- 
 
 I, 
 
9 
 
 ice to the 
 it. (See- 
 ;riplicate 
 Depart- 
 Vccount- 
 stins; the 
 '4, 98.) 
 ly in the 
 08, that 
 not set- 
 lot only 
 sting tlib 
 nostpi'o- 
 [Stances, 
 ay coun- 
 worthy 
 1 ibink I 
 accounts 
 artment, 
 acts; for 
 B in the 
 ccounts, 
 ace, and 
 aily and 
 
 [•eally to 
 ^ my ac- 
 mge, al- 
 lished at 
 "y month 
 efault of 
 er of the 
 ccounts. 
 e Third 
 artment, 
 ractors' 
 m to be 
 but tee 
 wcuriti/f 
 meed to 
 "his lan- 
 
 guage, m «ubs ance, was creditable to the parties who so nar 
 rowly watched tlie interests of the United 8taLsthon!.h!; 
 must be confessed, a little at my expen e anc^^rma'^and 
 opposecl to the express stipulation of my contract TsSUTn 
 .on on th,s case, and reply on former cL of in ristTpT^^^^ 
 
 CLAIM IV. 
 
 822,214 20 
 
 i\jK^ T*"^*"^ f "^i^'^^ ^^y* *'*^ assurance and SSTS 
 the Secretary, dated 1 1th July, 1815, page 120, which U t 
 
 tor for Massachusetts, nearly 30,000 dollai^ fo receiving 
 Treasury notes m lieu of specie, was on the ground of h"f 
 coutract being i„ a particular part of the UnSed State 
 where provision could not be purchased without specie The 
 
 menced previously, viz. 1st of June, 1814. 
 
 tracts of'i8^T"rf ^ *"' ''"""r'y *? '"^^^^^ «^^* the con. 
 tracts of 1813, ^14, were made under a specie currency, 
 
 tMs neH^W T'-'P"".'^^^^^ l"^' ^^'^ ^^Ontmctors fo^ 
 this period (exclusive of the principles of the constitution 
 
 "u^enZTr""'-^ any asLranc'e) were, therefo^ no? 
 on y entitled to specie payment on the principle of prioritv 
 but on grounds of manifest equity, for they give the equiva 
 lent in the price of the contract. ^ In the early part of isl*" 
 
 t'ract th^ \"^'r^' ^f'' ^'' »y«r« ^«"^°»" «d hi« con! 
 Zlnl in 1 fl symptoms of depreciation and embarrass- 
 fn,?*i! fiscal concerns of Government were exhibited, 
 
 and they were obliged to resort to an issue of paper in the 
 
 Af tf ""^ '^"^?"^^ ''''''' Thi« circumTnce, and 
 tne tact, that excessive issnps nf hnnir ««..«» ;„ *u^ _--j ji. 
 
10 
 
 u 
 
 itatfts, hpgnn sensibly to raise the price of provision, and 
 every article of necessity bore a high price in proportion to 
 the wiJidrawal of all specie to the epsteni bank.s. Hence, 
 a Contractor, in ISl'i, bid in proportion to the price of pro- 
 Vision in the middle states, for, after all, these were the mar- 
 kets that suppli 'd the provision for the east. This will, at 
 once, account for the gradual rise of the contracts to meet 
 the apparent scarcity «f specie, and the real and actual de- 
 preciation of the superincumbent paper. 
 
 Need 1 appeal to the most ordinary understanding, whe- 
 ther the Contractor of 1813 '14 did net require the pr(»tec- 
 tion of Government still more than the Contractor of 1H14 
 '15? And, again, the precious metals were as high at New 
 York as at Boston, except the mere difference of removal, 
 which, piobably, never exceeded a half per cent. 
 
 The '* peculiar state of the troops" of the state of New 
 York, with a vindictive foe constantly menacing her south- 
 ern and northern frontier, "made it indispensable to sup- 
 ply them; and, as Government could not furnish paper that 
 circulated at par, in that quarter, you ought to be indemni- 
 fied against the depreciation " The remainder of this ex- 
 cellent letter is still stronger as it concludes; is general in 
 principle; and will apply, word for word, to the present 
 claimant's case. See page 1 20. 
 
 But 1 have been told, 1 lack " assurances," and, consent- 
 ing to receive Treasury notes long after the balance had been 
 declared due, precludes me, and fixes the inadmissibility 
 of this claim. Sir, « feel my Government insulted, if this is 
 meant as an assertion of a principle, or a rule of proceeding, 
 if the fact stated by the Third Auditor be even true. Be- 
 cause you did not repair to Washington during "critical 
 periods" of pending military operations, and alarm the 
 Government by threatening to abandon your contract, and 
 obtain " assurance" that you would be paid in paper, equal 
 to specie, you are estopped from this claim! Because, arter 
 a long period of delay, you received Treasury notes when 
 we had nothing better to offer; therefore, you are debarred 
 from the after decisions of the Department! Pag;e 120. 
 
 The Third \uditor has too much discernment to plead a 
 atop law, or act of limitation, because he must know it would 
 
 » 
 
 ,/> 
 
 ■•: \ 
 
 ■i f 
 
m, and 
 rtion to 
 Hence, 
 of pro- 
 be mar- 
 will, at 
 to meet 
 tual de- 
 
 g, whe- 
 protec- 
 )f 1814 
 at New 
 emoval, 
 
 of New 
 r south- 
 to sup- 
 per that 
 idemni- 
 this ex- 
 leral in 
 present 
 
 consent- 
 ad been 
 ssibility 
 f this is 
 needing, 
 e. Be- 
 * critical 
 irm the 
 ict, and 
 r, equal 
 se, arter 
 ;s when 
 ebarred 
 
 20. 
 
 plead a 
 t would 
 
 ^ 
 
 I 
 
 
 ■i I 
 
 11 
 
 1)6 derogatory to the honor and dignity of Government, and 
 opposed to the principles of the ctaislitutiuu; and, knowing 
 by his own sense of private rectitude, that conscientious in- 
 dividuals never resort to such unworthy excuses, hut, it is 
 to be regretted, that he has, on many occasions, endeavored 
 to impress it on the minds of the appellate tribunal, ^Hhis 
 item or claim was not before tnade.^' 
 
 When 1 took what the Government had in their power to 
 give, it was in part, and not because my right to future in> 
 dcmnification was surrendered, or waived. The official cor- 
 respondence will show the reverse of such surrender. I had 
 the constitution as my protestor, and I believed, and still 
 believe, the Government will apply every principle of justice 
 and equity to all claimants. 
 
 At the time my accounts were settled, in part, the United 
 States were, as now, a sovereign power, and could not be 
 sued, or impleaded liefore our courts, as a debtor; I patiently 
 awaited the period when her intel igent statesmen would 
 apply relief Subsequent to the payment of the then ascer- 
 tained balance, and only by accident, have 1 become ac- 
 quainted with the fact of the existence of the general prin- 
 cipte, of Secretary Monroe's letter of 11th January, 1815, 
 and Secretary Crawford's general decision of 27th January, 
 1816 These enlightened Statesmen, seeing the justice and 
 equity of these claims, have admitted the principles. I ask 
 the application in as strong a case as can possibly exist. 
 
 In September last, when the claim of interest on the as- 
 certained balance was under discussion (wliich claim is now 
 fully admitted as legitimate in his last report) the 3d Auditor 
 appears to have anticipated this claim for loss on Treasury 
 notes, and sets forth, that, when the first sum of 56,700 
 dollars was paid. Treasury notes were believed to be above 
 par, and when the last balance of 188,000 dollars was 
 paid, " IVeasury notes were likewise three to four per cent, 
 above par." See page S3. If he stated this, then, as a fact, 
 it would only be necessary to confirm it, and the Honorably 
 Secretary Crawford's principle of repaying the premium 
 will apply. But the certificate of Messrs. Prime^ Ward, 
 and Sands, and Nevins andTownsend, (the very bestevi^ 
 
 
 T«1 
 
 -ST n I mi A ci vt^l atk l/kXf 
 
 ^1 
 
' V 
 
 12 
 
 book, of Messrs. P 1 W.T.'. ''«"«;™«»"ls of the 
 speclable broktrs! ' *'"' ®»'"''» "r other re- 
 
 resppeocT wi«. 'Z'Zrl^Vf'Z'^-l!^''^''''^ "' ""^ ="" 
 ins Hecretary of War, resened ,11 i! '^?'"'y' »»•• ^ct- 
 . Auditor's declaration to thrin.. ^ "§'"'' "'« Third 
 conclusion ol my leitcr ofii^h ,^'"'l""*"'"'»tan<lins. '> he 
 tl>f follottine cleclamii^n '^'"''''' 1^'*' P«S« '09, hj 
 "As a publifc'ed toTrhoiri" '^'""^1"'' °'' ^"hdmwn! 
 
 receiving T..eas..ry notes in ]Zl' ^K ?*°' '^J*' "B"' in 
 flood that I am dJbamd Cr/" '/' "." ""' *" ''« ""'ler- 
 uterest that has ~dfZJ •""" "'* *1""'''''« claim for 
 for the subsistence™ IlvlfTrT'"''''! '" G»vemment 
 'he correspondencerincInSthp ? l^""','' '*'*'««5" ""d «» 
 and SSd .i„s„,(, spVak iVo„ «lt« "^ 1<!«. May, 1815, 
 
 ^z. of the emi.si„i under the 8lh sec ,"1 „f ^^T-''^ H"*^'' 
 February, bearing interest mdfun^Zt " '*""»' ^^'h 
 To the best of mv rprnllo,..;„ V"' *'^ "* *«"«»' Per cent 
 
 fl.e United su2r„Tl:^z\":::\''fif'^'t^hri::L 
 
 cent and! presume the recoTds„rH "r""* *' '«^«" P« 
 establish that fact. '*' "^ ""* treasury will fully 
 
 Mr^DalW mt "m '"fV"^' '^''' " -'" appear by 
 and S3d Auj,u.a?relT„;ent ir f ' *'«' ,'^,"''' "^ J""" ^0^ 
 propriatioB.' Could lie bo .n7l '^''"'i ^"^ ^»"' «' ap- 
 Jnade i« May, 1813 bv mvml K^" ''^«'' ""•'SO'I '» be 
 The Third An-ti. ' i ^ ^ ™''' '" Jannaiy, (816? 
 
 offered in Xf iV ^to "S *"'' <■-* »" ■"-o"'. that I 
 debt for 100 if' stock |,eTho„Td if JT*- r'"^"^ "* 9-' of 
 offer was made to me bv the Hon ^ '"' ''i"'" """" the 
 thorized organ of G„ve™me„t th ♦!. "^""-^ "*""'• "«' au- 
 offers on those terms for the dlhf ,?„" ""*" '''"'d^- '" ""c^ive 
 
 the debt due me, 188,000 dollars. 
 
 •» I 
 
 I 
 
! 
 
 18 
 
 and honor of the United CLh«<" * '"-'" ""* "*''" 
 oblivion; but a, the Third Auditor '"'/«f' ''«<■" buried in 
 "«, an,l if the plishted feitl. nf /., ^ * ■''' ""' ""'" "gainst 
 redeemed hy tEe S f' '^, .^'i;' XTld ' br ' • """ '« "" 
 
 o«.<e,a,edpa,n.ent,a?dtL'ri"eS:ri^^^^^^^^^^ 
 
 CLAIM V. 
 
 ^^' usual fnisluty^ater.' ^^^ ^ 
 
 8 5,949 00 
 
 buur^^are':S5lVeS:te^^^^ ^ "t ^^ 
 
 tractor must resort to thosrm^rtl ? l"^'?' ""*' "•« ™n. 
 quor, the northern parts of the IT^^ fu^'!'"' *'"«■* ^"^ «- 
 an adequate supply- sucirlnr,.!^*'^ '^i'"' "»' fumishinff 
 
 , uary, 1813, p. 78;) thev rnnl!;? .■ '..P' ^*' *"'' 6th Jan- 
 ' the parties at the time LT 'ft"'','!? "'" "nderstandin? of 
 notice was given, T± Tat Un^ ^' P"'^''.''* '^"^ "ade, 
 ?hould be made aS cfmure 1. """'''''"'' '^'"""a-ce 
 in letter of I3th pfb "ary Pa" c 1 1' .""'!?"' '"^ ^•"""i""'' 
 and opinion, p. 134, u7'^it) %&'' ^f ''"«' ?«§« 183. 
 o be sh^ /i„ ,„;,!«) J he a^^c e^.«.re o^ered 
 
 in part of friight, and had I „" "."' '"' P™""'"*' *» 'a^e 
 whole, it wouFd lave been decEr' ''''f.^" ""^« 'he 
 and ftey would have berintlt ^^XC:?, '" "•" "'•1-' 
 
 encT'lVtrelXr^lJ- !^f^r.'^~-^^ The differ- 
 
 ".e equity Of the ^^s^^^: ■f:T&::,:^t^ 
 
14 
 
 benefit, and tlie act of governmeut in refusing privilege to 
 charter vessels for a whole c rgo, nacessariiy precluded the 
 •upply by the ordinary clianuels. 
 
 li 
 
 CLAIM VI. 
 
 To Balance due on the interference of Gen. Hampton, during the 
 summer of IBI 3, paid in part by the United States informer 
 settlement, ----- S4y500 00 
 
 The rule as stated for adjustment of this violation of 
 my contract, was adopted by the Government; that is, l>y 
 the actual return of the force from tlie Atljutaut Generu.'s 
 office, and to allow the per centage and issue. This, al- 
 though I was ready to go into the proof that the damages ex- 
 ceeded 55SO,GOO, excluded the necessity of proof; hut inst'^ad 
 of adhering to the principle after it had been acceded to by 
 both parties, they, by virtue of their sovereign will and pow- 
 er, gave me 12| per cent, leaving the one cent per ration 
 suspended. Jt will be remembered, this usurpation on the 
 part of Gen. Hampton, considerittg the time of year, during 
 its existence, which was the only period calculated to pro- 
 vide meat, and manufacture flour; and when the supply was 
 resumed, the roads and state of the mills on that frontier, 
 greatly embarrassed the contractor. But the truth is, my 
 credit and reputation were greatly injured in the eyes of 
 those ignorant of the military usurpation on the part of Gen. 
 Hampton and the temporary distress and deficiency at 
 French Mills, and the deranged state of the commissariat, 
 were attributed to me, when, in fact, I was removed from 
 all responsibility. 
 
 ^ My agents were ready 1j issue, and myself on the ground 
 in September, a drove *f cattle were prepared, and large 
 damages paid to butchers, and others were actually incur- 
 red in the contemplated issue. As the Government fixed the 
 principle of IS^ per cent, and one cent per ration, I claim 
 what was acceded to as the measure of damages, and ask 
 the balance suspended, 584,500. See page 50, 51, 52, 53, 
 
16 
 
 ivile;;e to 
 :iu(ied the 
 
 v> 
 
 during the 
 in former 
 S4,5'J0 00 
 
 olation of 
 lat is, l>y 
 Generk.'s 
 This, al- 
 mages ex- 
 ut inst'^ad 
 led to by 
 and pow- 
 )er ration 
 on on the 
 iTf during 
 id to pro- 
 ipply was 
 frontier, 
 ;h is, my 
 I eyes of 
 ■t of Gen, 
 ciency at 
 missariat, 
 ved from 
 
 le ground 
 
 nd large 
 
 !y incur- 
 
 fixed the 
 
 I claim 
 
 arid ask 
 
 ,52, 53, 
 
 s "• 
 
 CLAIM VII. 
 
 To/ve hundred and Jive Be>f Hides, captured and destroyed (m tht 
 J>ringur('. frontier, in November and December, 1813, an su»uend^ 
 €d informer account in IB 1 5, - . . . 81750 00 
 
 This claim for captured property, like that of captured 
 casks and packages, containing provision, is a i only pro- 
 vided for by the sixth articl-: of the contract, which says, 
 " *^** articles necessarily used in transporting provision," 
 &c. The tallow is paid for either in t? >. live or dead ani- 
 mal, because that is " a part of the ration," or intended to 
 be made into soap or candies. A boat, vessel, wagon, 
 horse or ox, is to be paid for by apprais'l, if ci. -jing liie 
 ration, and used as t!^^ means of transporting \ow, 1 will 
 ask, when the comman'ling officers require fresn beef, if the 
 hide is not necessarily used ♦* in transporting the beeves?'' 
 Does the Third Auditor mean to say, the bullock shall 
 be stripped of its hide first, and then marched to the fron- 
 tier to be slaughtered? It is not necessary, surely, to 
 say one word more as to this claim being strictly under the 
 sixth article, and for articles necessarily used in transport- 
 ing the meat ration? 
 
 But u hat says the Third Auditor to the claim under that 
 extensive and general .article of my contract, that provides 
 for this among other casualties in the " increased expense 
 of issue m the enemy^i country:" If 1 lose my horse by bad 
 roads, or capture iu the enemy's country, am I not to be. 
 paid for my !,orse? The capture of the hides is amons: the 
 contingencies, and the increased expense of issue in the^ene- 
 
 SillT"*'^^ ^If" ^^^*"'^ f"''"^^''' '' «"^»^ «» t»»i« point. 
 Butm this case, I suppose he would call upon me to show 
 
 inri ^^'^/^^^^^'^ «"»^ of the Niagara frontier, where thecap- 
 Np^ri ^^'**'"^*»^" *«?k place, was in the enemy's country, 
 f^eed 1 state, sir, that the occupation of territory by sudden 
 rruption, or permanent conquest, politically, and accordins: 
 to the laws of war, make it the enemy's country, so lone as 
 w/r'"'*'''']'^''^'' ^^^ ^^'^'^y *« «^^irittim it ? If the helves 
 
qwfj 
 
 / 
 
 / 
 
 Iff 
 
 CLAIM VIIL 
 
 TQn\ per cent, allowance for Leakage and fFn^fng^nu th. • 
 theliationsin the descent of the St^LawrmT^^^^^ '^ 
 
 cent per ration, as praoiUei for by the c X? £5^^^! Tsis'' 
 
 &5749 06 
 
 " If, therefore, these provisions were t-ihcn ft-nm .1^^ -i 
 
 "ie i.i| per cent, md one cent per ration, for issnp- anri if 
 ?:te" " "'^ '"*'^^'^ '' ^"^ 1- -"^^S« oraUrancTlc;' 
 the™ hTlndifX^ ^"^''' t^'"-^ **^*'^"Sli the medium 0/ 
 
 hTr'riomri'n J"."'^,? ^'^^ clepositesJhlttadTe^n 
 cnar^ea to me, with the aUowance of the 12 ner cent an.l 
 
 r^jLst mv r Z^ "T"^* ^' ^^''^^""«»' **»^t i« a plea 
 against ray claim, for casks captured and destroyed contain 
 
 ing the gross amount of those provisions on tirvelT exDe" 
 tec -^.^^^^^^ ^-^ ^^«^ ^-S. 
 
 At the conclusion of his remarks on this claim now before 
 us, he corrects his former error so far, as to say, the whole 
 of the provision was passed over to the charge of the Qua ! 
 ter Master General, making him accountabll for the loss; 
 and the nett amount does not appear in the accounts as de- 
 posite; of course, the i3| per cent, and one cent for issue, was 
 
 as the Third Auditor now admits, accompanied the exmM- 
 tion, and issued the same. See letter after my accounts had 
 beenfurnished,p. 104, Oct.l7, 1K14. 
 ^ To illustrate the case, F will barely state, that the provi- 
 8ion might, «n par#, have been the deposites alluded to by 
 me I hird Auditor, and charged to the contractor in " ma^s," 
 T . "1 L, ^J other and distant places of original dip^isites. 
 At^.ackett^s Harbor there never was a public deposite, un- 
 a. uve uiODiiis after the expedition sailed, although a depo 
 
 V* 
 
 •K> 
 
theis^ae of 
 3, and one 
 
 'eb. 1813, 
 &5749 06 
 
 tleposites 
 n allowed 
 
 le; and if 
 v&noi for 
 
 tedium o^ 
 •efore he 
 le provi- 
 liad been 
 ent. and 
 3t shown 
 1 a plea 
 contain- 
 y cxpe- 
 actually 
 t of the 
 — , but 
 termin- 
 
 V before 
 e whole 
 e Quar- 
 le loss; 
 
 as de- 
 ne, was 
 
 agent, 
 ixppdi- 
 its had 
 
 provi- 
 
 to by 
 mm," 
 losites. 
 e, un. 
 
 depo 
 
 #4> 
 
 17 
 
 site had been ordered at that place as early as December, 
 
 lllf' the nf'^'TI' '^''- ?««P^S«33/ In February 
 i»ld, he plan of the campaign was changed from Lake 
 Champkin to «ackett^s Harbor%n Lake OnTario he^ce as 
 
 and before they could be deposited, (to the loss of his lU 
 percent, and one cent per ration,) they were daily consist 
 bee letters, April SI, 26, 28, ISl^, page 37, 38, 39 Tde 
 positc was not made, as no intermediate agent was appoint- 
 ed to receive tliem, nor store houses provided: hence aU the 
 deposites on that lake, and the daUy ^urcAa..., were ^ 
 tocSvp'r'rn h'^^^^^ andwereVonsumed,^o an extend 
 
 the Tnn^' ,T ^'''T'*^ **»" U"^*^^ ^^at^s', as well as 
 he deposites of the contractor. Hence, when the expedi- 
 
 eJTnrcS " ""'''''' '"''' '''' P'^^^^^^»« wereV^The 
 
 boa^d'so 3^^"*''^^'^ I"' ^^\ expedition was placed on 
 Doa^d 30 or 40 beats, and could it be otherwise than that 
 
 taLf ir/hi"' ' fT''""'' ^^*"^"y i^^'^^d ^as ascer. 
 
 tamed m the progress of the expedition. The Contractoi- 
 
 Tho L";7f '^'^ ^^ *^^* ^^^"^^i« principal agent Mr' 
 ^1a I ?"* ^**"' assistants followed the expedition, and is 
 wlA]!:wf"""^'**rS«*'- This receiving and deliverii; 
 
 i»sTot"to mlke?W,Tl^'' ^K^^'^' « 181*, not know. 
 
 enS to t*e cS°n?'/v""" »«™»'''"'y ^oWoy, that 1 am 
 
 petiaUv .V/;i'f!'l"-°'^ *'f P"' <=«'««S« and issue, more e,- 
 
 ..= „. «ius, expeuse by my agents atteading 
 
> aiTa » 
 
 \ 'v 
 
 18 
 
 tZiT't' ^"l^i«"» the terms and meaning of mv con- 
 tract " allowing the augmented price of the ration ''^ 
 1 am now about to take leave of the Third A«,iu« a 
 
 ro all his remarks. Candor induces me In «av ti,« ¥k' i 
 Auditor has gone into the examination of th! .nL ^"^ 
 account, and claims, as reportr^to vo„ on .L F^ "'".'*7 
 ivith feelings and views le^s hostUerm/riJhtst'd'S 
 than on a former occasion, and with a., La^ ,. ^® 
 
 ndiyidual cases; they are as broad as the earth? and as ex 
 tensive as the Heavens. It is in vain fn n*f \ . « 
 them to time or space. "* ^'^ ^"'""A^' to confine 
 
 I cannot close this subject without remarking that all ih^ 
 facts of service and equivalent are ad^t ed, or tt denifd 
 and my vouchers correct and valid, with the only exSon 
 of the small claim of 114 and 136 dollars in n^r^Lf^ ^- T 
 ed in Aiie-iis^ lasf. ««.i **»«!„• ^L' '** ^^^®""t furnish- 
 earn August last, and those, in the opinion of the Third 
 Auditor, suspended for further explanation. My claims 
 thus admitted as genuine and true, but "not admiLble un! 
 der the regulation of his Department," it only remind fm 
 me to request the examination of the case by the C." 
 tary of War, and ask his decision on the claims in equ^j 
 and of you to enforce the law, and apply the decisions 2f the 
 Department that have governed in other cases 
 ^^ ith considerations of high respect, 
 
 I remain your obedient servant, 
 
 ELBERT ANDERSON, 
 
 W'fl«/,v«-/^« r «« -« . -^"^^ Contractor. 
 
 Washington, June 30, 1824. 
 
 Richard Cutts, Esq. 
 
 Second Comptroller, Treasury Department 
 
 >' 
 
 / 
 
 \\ 
 
v 
 
 / 
 
 19 
 
 The following questions have been submitted to me for my 
 opinion, by Elbert Anderson, Esq. late Army Contractor. 
 
 1. Whether he is justly entitled^to the customary damages 
 on two bills drawn by him on the Secretary of War, in Oct 
 1814, amounting to 300,000 dollars, and protested for non 
 payment, inasmuch as his vouchers and account cunent had 
 been previously furnished to the War Department, and he 
 was entitled to draw ? 
 
 2. Whether he be entitled to indemnity from G'overnment 
 for loss on depreciated Treasury notes, which, when paid to 
 him, were % 22,114 below par value? 
 
 In answer to the first question, 1 am of opinion that Mr 
 Anderson is clearly entitled to the customary allowance of 
 damages according to the law merchant, and which are part 
 ot the law of the land, upon these bills protested. " The uni- 
 versal practice and laws of nearly the wliole civilized world 
 has settled it as a just and equitable principle, that the in- 
 terest and damages should follow a protested bill.^' This 
 was the observation contained in the report of the select 
 committee on Mr. Piatfs claims, and it was well founded in 
 justice and m law, and I cannot hesitate to believe that the 
 Government of the United .States will at once perceive, ac 
 knowledge, and admit the obligation of these rule»«nd usaees 
 Which are prescribed to individuals in their dealings with 
 6acn otner. 
 
 In answer to the second question, I am of opinion that 
 Mr. Anderson .s entitled to a fair and just indemnity against 
 tte depreciation of the notes in which he was paid The 
 
 ffX'Hnlrr ^T'l^^^.P^^ ^" 'P*^'^^- I* '' the principle 
 of the Constitution that debts are to be paid in ffold and Si- 
 
 vai:,P^ nifr^"' be substituted, it ought to be of equivalent 
 value-nothing can be clearer or more persuasively iust than 
 this pnnciple. If then, Mr. Anderson was paid in depreciat 
 ed paper, because the fifovernment had not, at the time, any 
 
 Lt"lfL'"vV' '^'\'Y^ "'^ '^"""^^ ^« consder^ce, to make 
 good the difference between the curren value of the Tr^ 
 sury notes, when paid, and the par value. It would not be 
 tCZ^Iir- ^l-/.^^^^^ ^^ ^f *- -thority on this p^oi'nt 
 
f'. 
 
 20 
 
 the Govemmeutcouid not furnish nanlr J.i!k • ^ i ***'. *' 
 ^ew-rork, id June, 1834. ^^^^^ ^^^"^ 
 
 «;•«* 
 
 I 
 
 
 ^^ 
 
 -i<' 
 
 I 
 
 * 
 
#- 
 
 md forci- 
 l) that as 
 3ulated at 
 loss aris- 
 
 BNT. 
 
 I 
 Pi 
 
 »■ 'M 
 
 ■3 
 
 V 
 
 # 
 
 Sudge PlaWs Opinion on the Claims of Elbert Anderson. 
 Mr. Anderson having submitted for mv eva .»;«.♦: i • 
 tracts with the United States, bearing ZetZrHT ''%T' 
 vember. 181,, and the 25th d'ay «mi?^''r8l3 S h ^"- 
 co n,.any.ng documents and rolTespon«lere^I |.± . f ^'; 
 the (luestions which have arisen betweerhhri. i h *^"'"^'^^r^ 
 ofKcers of the Government : and a, X, " t e ^T^s tX7'''« 
 
 oCtlKToast ill 1813. ' ^""■'"'•l'. <luii"g tl-e lilwkade 
 
 or 6y sea, a? .^^,4. : '. a 'l" u-d Hu;;.!" ™:' ""•"' "^^''f' 
 e..«my. Two facta ai-e rntaii .,, • n.ir. "''""" '^ "'« 
 
 oirairfiirc was immtV«( at ,m u^iu 1i . • ' "le 'lazard 
 
 v„l,i,„HriIy .s„.„,ii,u..| „, aceHa^i'amf^ca • y fi r'"*"'"'*"'' 
 wliepeby he saved tn the UnitP, «7o, ^ additional expense ; 
 
 ■im of insurance agan can iiir !IT * T'"i '"'''"',' '" " 1"''""- 
 be estimated at lesMhan S e in i^ Tl' "'"''. '"'"'"''''y «"'"'« 
 • the contractor. Tha he arte, Zll ..'"".* ""': '■'"""•''' ''^ 
 tain benefit on the ^'l^^^t^'^^ii;,:^^:^?^ ? -- 
 tract, cannot be doubted- ai d lis cT..? •,'^ '*""'"' ™"- 
 for the difference betwcS the oxi "i^se rf t,. ^ '"''r"""^' *'"" '» 
 and by se.-,, appears to me to be dZ. .1 *"""'?"'*''*"'" h land, 
 
 boJtntal^llVir^^^^^^^^^ "^^ '^"^ 
 
 and to, were used for thrn^itnien ^„f^,rr:'r ' ."'' ""*» 
 ly i they were not indisnens'ahle to fh„ r lei " ™'^*'''' ■"<■''- 
 tract, and the rations J ZLtd the rLff ' ",'7" "^ ■"'""- 
 property of the Contractor Ti„ ^ *'"' '""'" "^"'^ «>e 
 
 iortation. and beWd t'th. r?/'? "'"'■ '''■'"'^'''' "^ »'•»■"•- 
 Snd oxen or boatr?'edr„ca,T," *«'"'' ''MT'' "" "'- '^'"•»' 
 been fop barrels of floiir LJ^ ^ V'™- " "•<■ '•""tract had 
 
 key, a„S box'^ of sfZ^nd caMl/''';^ ""'" ''"S"'™"' "' »•"- 
 
 n«i"ire a different Sr.li™ '' *'"' '""S" of trade would 
 
 I an. therefore of „pi„i„„. that, for all such casks, vessels, or 
 
tlie imrcniiitv , „ , !^; '*'•>•. s"^™'" to mew. plain as to ,ielv 
 
 «e.al and ackmm UMlg.,! principles ofi, i,v i avii'^n-T ,S" ' 
 e.'. an.l 1.™ g i„ p,.„g,,..s, „f t.'an.sp,n.tation. n, l"r an o lor ,o 
 deJ.ver a. a <>.rta,n post, that onlir was r onn.c man le ', 2 
 tho Conti-actor was ,T,|.me,l 1„ .Idivef at another p""" W „ 
 
 1 fLl'lll l'" " ™"*'"|5'""'J' ,<l''l'<-"-ling on acddenl. or tl,c act of 
 ajomgn <,m.mment. it wonid have hceii auioiiir the ha7-ii-.l« ] 
 c.. ent .„ the Contract. So. if the Contract lor wl rkev ha been 
 J; ":*■" *"» ''rV^<r i"'">id„als. h..th alike suhj ct to t r^ove" 
 P.gn power 01 laving taxes. But. where the ionfrac" is w th 
 the Governnient, on whose volition it depends, whether sucl.VJv 
 
 ^einnent should abstain from layinc such tax. or thit it 
 
 tracf nrire «nfl f '^ /'«'^/«'^''' .mposiHon. Suppose the ror,, 
 Tldct |iiice, and ^air value of whi.skey to be ft5 cents per gallon ; 
 
 t\ 
 
i<s agcnw, 
 'g rations; 
 
 "^icle of tlio 
 I as to <»efv 
 it. Were 
 i'J.Eftlio ar, 
 v tlii.s con, 
 y slialJ he 
 
 lied to re- 
 lid not r«. 
 tliat they 
 <()nti'ai'y , 
 expense ; 
 rlaiin. 
 ving pro- 
 born, re- 
 
 lerial oiv 
 m is well 
 tained in 
 3. But, 
 li a rase ; 
 n. on ge, I 
 piircJias- 
 order to 
 cd : nnd 
 t. Who 
 Declared 
 
 date of 
 
 le art of 
 ards in- 
 lad been 
 le nove- 
 ls with 
 iieh tax 
 the Go, 
 that it 
 iustain. 
 he ron-. 
 
 
 I 
 
 i:f 
 
 4tid then fluppose the Gofernmcnt, which contracted at that pHce 
 
 Bistoi theliilhlinemol the contract, on the original terms • is it 
 
 bleach of f a t h ? ri^e present case differs only in degrel and 
 {H»t in p,,«c//) .. In this case, a tax of 14 cents per gaflon • s 
 i.nposed ; which nm'ssarily enhanced the price of that article to 
 an equal amount And not only so. but in effect, that amount 
 ^ as taken fro,,, the pocket of Mr. Anderson, and placed th^ 
 Treasury of the Lnitcd States. What he „, extra, the other 
 contracting party vndve.. To refuse compenLtion for the Z 
 ration of this tax upon the contract, would be as unjust. an.Us 
 arbitrary, as t(, pass a law that Mr. Anderson should be bound 
 to n, e.ve 14 cents per gallon less than the contract prjce 
 
 My lespect fo,- the Government of mv country wi 1 not nermit 
 
 me to doubt of the success of this appeal to its justice? ^ * 
 
 bv venth. riie claim for interest on balance;s due the Con- 
 
 The 9th article of the Contract provides that Mr. Anderson 
 
 shall render his accounts for settlement, at least once ineZrl 
 
 'XZ::r'''' «« ^ad a right to do so,'as much oTe^rr Ti:! 
 
 The loth article expressly stipulates. *^that if any balance 
 sha,, o,. any settlement of the arcou.ts, be found to^,e d to 
 
 J n u '"'"' •''*"" ^^^^eMately be paid. And that no nnrea. 
 
 0* sonable or unnecessary delay on the pa,-t of the ollice,^ ZtL 
 
 ^aiz'/^'' ''"" '' ^'''^ '^ ^'- -«'— t o/th;*';' 
 
 There is no express stipulation that the Government should 
 make advances of money, hefore the settlement of accounts 
 ^.etenns and scope of the lOth article plainly imph^ lat's^ 
 prospective advances were contemplated bv the pp -ties -and he 
 usage of the Government jiistlHed inch an exp.vLion ' ' 
 
 whTttr'Jhfr""" ^vhich the justice ofthis'claim depends, is, 
 whether the Government was in default ? If the bala ice in f. 
 
 stiU refused. It would seem to bean unquestionable dictate f 
 
 ftis r ^^. "r-^^t «l-"''« '>e allowed f.-l the date o! slch r ! 
 
 r^'^n «!;/.• 7'^ '''''' ^""^ ♦• «nr.«*on«&f. or unnecessary de- 
 
 h^ln defr' "^ '" ^7.T^'' ^^' Gove,.n»,sent would thenccfortli 
 
 ?ettle /t'rf/""/" ^'^^ '"''':''^*' "' S-ernmental contrac ^ i 'To 
 Jllli'V^^^ useof nmnev a,K| to de? 
 
 Bignate the time awd olace of navmonf a ^a ,„i'^ ..-_ J. ■ 
 
 X. - -- J— ^ ...^,,v. j^«« ^T licit; uiu Lrovernv 
 
 A 
 
.<£«£" 
 
 /' 
 
 i24 
 
 w 
 
 n 
 
 V I 
 
 men arknowledgc a r^obt, and roluse toVy intorest for mrtnnir 
 w.ll. u. .1 ln>.„ t.., editor, it in as absolufeu breaduw! Ih .^ 
 iveuMbc to ..etuse intorest on IL National Fud- Debt' "V„ 
 
 rigbtto draw, 1 can see no reason vvby the Gox cnmu ntll m 
 not repair tbe injury, by the san.e rule, is iT p ""i " ?ortliu 
 injury between private individuals ; which a lows no oh at! 
 gal rate ol interest, but such sun. as will cover all rdina v 
 da.nages. occasione.l by disappointment, loss of credi , an con 
 sequeut en.barrassment. It is commonly liquidated at "oi;"; 
 
 Eighth. The claim for loss on depreciated Treasury notes 
 1 ha the true constrnrtion of tbe Contract is, thai Oom-n- 
 n ent should pay in specie, or in something equivalent ?^rn 
 p an, to be questioned. Has it dor.c so i /o T' PidHc ;x?^en 
 cjes compelle.1 a departure fro.n the ter.ns of the cCn acr^fncl 
 the contractor was under a necessity of receivinrTrels; rr 
 
 nor^r*''J«' '"•'"' i"/'*"^'-* t''*^:^ were available rohmr.o 
 .ore than 86 per cent of par value. The public necessity is no v 
 en oved, by an overflowing Treasury : and the question oT mo! 
 ral.ty jnst.ce, and honor, now is. whether the Contractor shaU 
 ir. tact receive his stipulated .■eward. whei-e he has been iinn 
 Jlefault, and has faithfully performed his cont.'act ? or sha e 
 ^>sel4,.ercent.ofhis promised rewa.-d, beca.'se the' Govert. 
 ment was unable, atithe time, to give him any thing betS thTn 
 Ireasury notes ? It seems to n.e, that, to doubt ol' the succe"" 
 Un!;;7sS;" " ""'""' *" *'" Government of t^^^ 1 
 
 Ninth. The claim for hides captured and destroyed on the 
 Niagara frontie.', in November, 18 IS. .r • "o me 
 
 These were hides of cattle driven by the Contractor to that 
 frontier, to supply ft-esh beef rations. The 6th article of the 
 contract stipulates that «• all losses sustained by the denreda 
 « t.ons of an enemy, in articles intended to comp4e rations, *cc. 
 
 « ZT "Vk fr property necessarily used for transporting 
 « the same,'' shall be paid for by the United States ^ 
 
 Assum.ng that it was a reasonable and proper execntion of the 
 Contract, to dr.ve the cattle alive to the station requi.-ed ; the 
 question presented .s, whether the skins were - necessarily nsed 
 m transporting the same ?" I »j^. no ground to contend, that 
 the hides were not the pfope.'ty ofTlie Contractor ; and, in every 
 view, I am of opinion that this claim is well founded. 
 
 rr™, «..! XT , JONAS PLATT. 
 
 Utica, 24th Novembei-, 1824. 
 
 « 
 
for }n(\f)(*y 
 
 laltil. a: it 
 
 Debt, in 
 
 uiwledged 
 
 •nt should 
 
 t'<»r a like 
 
 only a le- 
 
 oi'diiiaiy 
 
 atid coii- 
 
 it 20 per 
 
 ' notes. 
 
 Gi)vern- 
 ut. is too 
 c exigen* 
 ict ; and 
 rreasurjr 
 lim at no 
 ty is now 
 m of mo- 
 tor shall 
 bn in no 
 
 shall he 
 Govern- 
 tter than 
 J success - 
 t of the • 
 
 1 on the 
 
 r to that 
 ! of the 
 lepreda- 
 ins, *cc. 
 sporting 
 
 m of the 
 ed ; the 
 ily used 
 nd, that 
 n every 
 
 LTT. 
 
 
 ,»A*.\i • •< < 
 
 
 
 
 % • 
 
 ^^ 
 
 
 
 y. 
 
 \ 
 
 
 
 . X 
 
 V 
 
 i 
 
 
 \ V •^ 
 
 o