by their cubic contents, and estimated at the rate of three dollars and seventy-five cents per perch. The work to be commenced on or before the 1st day of July, 1837, and regularly prosecuted to its completion. "A." Western division of the Cumberland road, Indiana section. Article of agreement made and concluded this twenty-fourth day of June, in the year of our Lord one thousand eight hundred and thirty-seven, between J. N. Mullican, of the county of Montgomery and State of Maryland, of the one part, and Captain C. A. Ogden, of the United States corps of engineers, on behalf of the United States of America, of the other part, witnesseth: That the said J. N. Mullican, for and in consideration of the sum hereinafter named, doth covenant, contract, and agree, and hereby obligate himself, his heirs, and executors, to quarry eight thousand perches of building stone. out of quarry No. 23, commonly known as the Wabash Bridge quarry, and to deliver the same at the mouth of Big creek, on the bank of the Wabash river, by executing and doing, or causing to be executed and done, all the work herein specified, as described in the specifications hereunto attached, and which are considered a part of this agreement. It is also agreed between the contracting parties that the said J. N. Mullican shall have all the work herein specified completed on or before the first day of July, 1838. It is also agreed between the contracting parties that in case any fraud is attempted to be practiced in the execution of any part of this agreement and specifications, by persons in the hire or employ of said J. N. Mullican, or in any fraud attempted or connived at by him, all such attempts at fraud shall be punished by immediate dismissal of the offender, and said J. N. Mullican forfeit and pay to the United States double the sum estimated by the said Captain C. A. Ogden, or his agent, to be the value of the work so fraudulently attempted to be practiced, which sum is to be withheld from the said J. N. Mullican on the succeeding measurement of work done, and on final payment, or forfeit the contract and the amount due thereon, at the option of the said Captain C. A. Ogden. It is further agreed between the contracting parties that the said Captain C. A. Ogden, or his agent, may at any time discharge any one in the employ or hire of said J. N. Mullican; and the said J. N. Mullican does agree that he will not authorize or countenance, in any way, the use of spirituous liquors by the persons in his employ, and that he will do all in his power to prevent the use of the same by the laborers in his employ, and to discharge forthwith any laborer who may insult a traveller or be found intoxicated at the place of labor. It is expressly declared by the parties to this agreement that no member of Congress has any interest or concern, direct or indirect, in this contract. It is further understood and agreed between the contracting parties that if, for any reason other than the price stipulated to be paid, it shall be judged by the chief engineer of the United States to be for the benefit and interest of the United States that the execution of this contract be brought to a close, on the said Captain C. A. Ogden's giving twenty days' notice, through his agent, to the said J. N. Mullican, of the intentions so to close this contract, together with the reasons assigned for so doing, the same thereby becomes null and void, and no longer obligatory on the parties of either part. The said J. N. Mullican agrees not to let, sell, or transfer, this contract, or any part thereof, to any person or persons, without the consent of the said Captain C. A. Ogden. And the said J. N. Mullican further agrees, at the expiration of this contract, to deliver to the said Captain C. A. Ogden, his agent or successor, the said quarry and the shanty attached to the same, together with such buildings, lots, and roads, leading from said quarry to the mouth of Big creek, as the said J. N. Mullican may choose to build or construct during the execution of this contract. Now, in consideration of the faithful execution of each and every provision required by this agreement by the said J. N. Mullican, the said Captain C. A. Ogden, of the corps of engineers, in behalf of the United States of America, will cause to be paid to the said J. N. Mullican, by such agent as he may appoint for the service, the sum of thirty-one thousand and two hundred and fifty dollars, to be paid the same monthly, or as nearly so as the receipt of funds and the number of persons to be paid will enable the disbursing agent to effect, in proportion as the work progresses, deducting one-fifth of the value of the work done to the date of such monthly estimate, to remain as a pledge and security for the performance of each and every condition of this agreement and specifications thereto attached by the aforesaid J. N. Mullican; and in case the said J. N. Mullican does not comply with each and every condition of this agreement and specifications, then the said Captain C. A. Ogden, in behalf of the United States, reserveth the right of applying the one-fifth so reserved to defray the expense of carrying into effect the provisions of this agreement remaining to be executed, according to his judgment or that of his successor. In witness whereof the parties to this agreement hereunto set their hands, in presence of the subscribing witnesses, on the day and year before written. Done in quadruplicate. In presence of— GEO. L. WELIKER. J. N. MULLICAN. C. A. OGDEN, Captain Corps of Engineers. Specification for the quarrying and delivery of eight thousand perches (of twenty-five feet) of stone on the Wabash river, at the mouth of Big creek. The stone to be taken from quarry No. 23, commonly known as the Wabash Bridge quarry, situated on a branch of Little creek, Illinois, and about four and a half miles from the month of Big creek. Three thousand perches of stone will be required for facing; must have good beds and fills, and be of the following dimensions, viz: Stone of two feet or more in thickness must be at least four feet wide and eight feet long; all other stone must have a width at least double the thickness, and a length at least double the width. These face stones will be measured by what they will square, and will be estimated at the rate of four dollars per perch. Each of these face stones must weigh at least two tons. Four thousand perches of stone will be required for filling; must have good beds and fills, and weigh at least two tons: to be measured by their cubic contents, and estimated at the rate of four dollars per perch. Three thousand perches will be required, to be of a good and suitable quality, for building stone; must have good beds and fills, and weigh between one thousand pounds and two tons; to be measured by their cubic contents, and estimated at the rate of three dollars and seventy-five cents per perch. The work to be commenced on or before the 1st day of July, 1837, and regularly prosecuted to its completion. I, John Van Trees, clerk of the probate court of the county of Daviess, in the State of Indiana, do certify that it having been made. satisfactorily to appear that James N. Mullican, late of said county, has recently died intestate, leaving his estate in a condition requiring immediate administration thereof, and that in pursuance with the form of the statute in such case made and provided, administration of the goods, chattels, rights, credits, moneys, and effects, which were of said James N. Mullican, deceased, is granted unto Richard A. Clements until the next term of said court; and the said Richard is duly authorized to administer the same according to law, he having taken upon himself the requisite oath as such administrator, and entered into bond with George Roddick, security, in the sum of two thousand dollars, conditioned as the law directs. Witness my hand and seal, in vacation, the 31st day of October, 1839. JNO. VAN TREES, Clerk D. P. C. [L. S.] H NOVEMBER TERM, 1839.-November 11, 1839. Present: The honorable William G. Cole, judge. Ordered by the court that the administration granted in vacation since the last term of this court, by the clerk thereof, on the 31st day of October, 1839, to Richard A. Clements on the estate of James N. Mullican, deceased, be, and the same is hereby, approved and confirmed and made absolute. And it is further ordered by the court that the bond taken by the said clerk of the above-named administrator be approved of, confirmed, continued, and made absolute. Which said estate still remains in said court unsettled. STATE OF INDIANA, Daviess County, ss: I, John Van Trees, clerk of the court of common pleas within and for said county, do certify the above to be a true copy of the administration granted and the confirmation thereof. Given under my hand and seal of office, at Washington, the 18th day of April, A. D. 1856. JNO. VAN TREES, Clerk, By E. VAN TREES, Deputy. STATE OF INDIANA, Daviess County. } Daviess probate court.-June term, 1848. Claims filed and allowed against the estate of James N. Mullican, deceased, (R. A. Clements, administrator,) to wit: R. A. Clements's claim, (balance on note) Interest to date.. Judgment in favor of Alexander McGregor, (debt) $250 80 $1,700 00 995 00 Judgment in favor of Stephen D. Dole, rendered 30th April, 1840, for... 168 37 The above amount of claims are passed and allowed upon the proper proofs presented to the court, and ordered to be paid pro rata of dividend of said estate. W. G. COLE, P. Judge. STATE OF INDIANA, Daviess County, ss: I, John Van Trees, clerk of the court of common pleas in and for said county, do certify the above to be a true copy of the claims filed and allowed against the estate of James N. Mullican, deceased. Given under my hand and seal of office, at Washington, the 18th day of April, 1856. JNO. VAN TREES, Clerk, By E. VAN TREES, Deputy. |