Contract with Cornelius Atherton, of Amenia Precinct, in Dutchess County, for mailing Muskets and Bayonets, approved by Congress

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The Agreement made and entered into between Colonel Alexander McDougall and Peter T˙ Curtenius, on behalf of the Provincial Congress of the one part, and Cornelius Atherton of the other part, on the 3d of November last, for the making of Muskets and Bayonets, was read, and filed, and is in the words following, to wit:

"November 23, 1775.

"Articles of Agreement made, agreed to, and concluded by and between Colonel Alexander McDougall and Peter T˙ Curtenius, of the City of New-York, by and on behalf of the Provincial Congress of the Colony of New-York of the one part, and Cornelius Atherton, of Amenta Precinct, in Dutchess County, Gunsmith, of the other part: Witnesseth, That the said parties, for the considerations hereinafter mentioned, have covenanted and agreed together in manner following, that is to say: First, The said Cornelius Atherton, in consideration of the sum of sixty pounds, lawful money of New-York, now advanced to him, and in further consideration of the covenants and agreements of the said parties of the second part herein contained, doth, for himself, his executors, and administrators, covenant, grant and agree to, and with the said Alexander McDougall and Peter T˙ Curtenius, jointly and severally, and to and with the survivor of them, and the executors and administrators of such survivor, that he, the said Cornelius Atherton, his executors or administrators, shall and will with the utmost diligence make, finish, and deliver to the said Alexander McDougall and Peter T˙ Curtenius, or their order, as many good muskets and bayonets as he shall be able to make and finish on or before the 1st day of May next. And that he the said Cornelius Atherton, his executors or administrators, shall and will, on or before the 1st day of April next, deliver to the said Alexander McDougall and Peter T˙ Curtenius, at least two hundred good and well finished muskets and bayonets; that the barrel of each of the said muskets shall be three feet six inches in length, and the bore three-fourth parts of an inch in diameter; and that each of the said barrels shall be made of the best iron for that purpose, and of full proof, and be well and fully proved before they shall be stocked; that the stocks shall be made of good wood, and finished in a neat and workmanlike manner; that the locks shall be of the best quality; the muskets brass mounted and furnished with good steel ramrods, and the muskets finished like the pattern delivered to the said Cornelius; that the blade of each bayonet shall be eighteen inches in length from the shoulder; the bayonet to be made in the best manner, with a good bayonet-sheath. That each of the said muskets shall be marked, as follows: "Co˙ New-York," and delivered at the price of three pounds fourteen shillings, current money of New-York, for each musket and bayonet, steel ramrod and bayonet-sheath, mounted, finished and delivered as aforesaid.

"And the said Alexander McDougall and Peter T˙ Curtenius for themselves, their executors and administrators, do covenant, grant, and agree, to and with the said Cornelius Atherton, his executors and administrators, that as soon as the said Cornelius shall deliver or cause to be delivered to them, good securities for the sum of three hundred and fifty pounds, to be repaid in such muskets and bayonets as aforesaid, at the price before-mentioned, or on failure of the delivery of the said muskets and bayonets before the 1st day of April next, then the sum in arrear to be repaid in money; that they the said Alexander McDougall and Peter T˙ Curtenius, will advance to the said Cornelius Atherton the further sum of two hundred and ninety pounds in addition to the sum of sixty pounds now advanced to him, to enable him to carry on the business of making and finishing the said muskets and bayonets. And also that they, the said parties of the second part, will allow to the said Cornelius Atherton, his executors or administrators the price of three pounds and fourteen shillings, for each such musket and bayonet, with a steel ramrod and sheath, finished in manner aforesaid, as he shall deliver to them on or before the first day of May next, and pay him for the same whatever sum the price of such

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"In witness whereof, the said parties to these presents have to these presents interchangeably set their hands and seals, the day and year on this indenture first written. And the said Cornelius Atherton agrees to put swivels to the said muskets.

"CORNELIUS ATHERTON.

"Sealed and delivered in the presence of us, on this 23d day of November, 1775: the eighteenth line of this page being mostly struck out with a pen, and left an entire blank line.

"ROBERT BENSON,
JOHN MCKESSON."

"Received of Comfort Sands, of the City of New-York, Merchant, by order of, and on account of the Provincial Congress, and on account, and at the request of Alexander McDougall and Peter T˙ Curtenius, the sum of sixty pounds, mentioned in the preceding indenture.

"CORNELIUS ATHERTON."

"November 23, 1775."

Thereupon, Resolved, That this Congress fully approves of the said Contract made on their account, and declare they think it a beneficial Contract, made and in pursuance of the order of the Continental Congress, and that they take the Contract on account and risk of the Congress of this Colony; and

Ordered, That the Treasurer of this Congress advance and pay to Colonel McDougall and Peter T˙ Curtenius, or their order, the sum of three hundred and fifty Pounds, agreed to be advanced to the said Cornelius Atherton, as soon as the said Cornelius shall have given such security as is mentioned in the said Contract.