SUBSISTENCE OF RECRUITING PARTIES. 1565. Recruiting parties and recruits at rendezvous will, when circumstances permit, be subsisted by rations issued by the Subsistence Department. When this is impracticable or inconvenient, they will be subsisted under written contracts (Form No. 26, Subsistence Department) to be made by officers in command of the rendezvous for the full Army ration, or for such rations cooked and served, constituting table board. When it is deemed necessary by the General Superintendent of the Recruiting Service to provide for full rations, or for cooked rations, or equivalent table board and lodgings-constituting full board-in one contract, the amounts to be paid for the subsistence and for the lodgings must be separately stated in the contract. In such cases the whole account will be paid by the Subsistence Department on vouchers duly certified by the recruiting officers, the amount paid for lodging to be refunded by the Quartermaster's Department.-[Regs. 1863, ¶ 1236–1239.] FORM NO. 26, SUBSISTENCE DEPARTMENT. Form of Contract for Rations for Recruits and Recruiting Parties. 1566. Articles of agreement entered into this day of, eighteen hundred and between regiment of, recruiting officer, an officer in the service of the United States of America, of the one part, and * the county of and State of, of the other part: This agreement witnesseth, That the said. United States of America, and the said of —, in for and on the behalf of the heirs, executors, and administra tors, have mutually agreed, and by these presents do mutually covenant and agree, to and with each other, as follows, viz: I. The said heirs, executors, and administrators, shall supply, and issue at, all the †- rations, to consist of the articles hereinafter specified, that shall be required for the use of the United States recruiting party and recruits stationed at the place aforesaid, commencing on the day of, eighteen hundred andand ending on the- day of —, eighteen hundred and -, or such earlier day as the Commissary General of Subsistence may direct, at the price of cents andmills for each complete †―ration, in the funds provided by the United States for public disbursements. II. That the ration to be furnished daily by virtue of this contract shall consist of the following articles and quantities, viz: twelve ounces of pork or bacon, or one pound and four ounces of fresh beef or fresh mutton, or one pound and six ounces of salt beef, or fourteen ounces of dried fish, or one pound two ounces of pickled or fresh fish; eighteen ounces of light bread or flour, or one pound of hard bread, or one pound and four ounces of corn meal; and to every one hundred rations, fifteen pounds of beans or pease, or ten pouuds of rice or hominy; ten pounds of green coffee, or eight pounds of roasted (or roasted and ground) coffee, or two pounds of tea; fifteen pounds of sugar, or two gallons of molasses or syrup; four quarts of vinegar; one pound and · eight ounces of adamantine candles; four pounds of soap; four pounds of salt; and four ounces of pepper. Where two or more articles constitute, as equivalent, a component part of this ration, the recruiting officer shall have power to designate the proportion in which such articles shall be furnished. And it is understood and agreed, that when cooked rations are to be furnished by the terms of this agreement, the above-specified quantities of adamantine candles and soap, and three substantial meals, daily, equivalent to the other components of the ration above specified, shall constitute a complete ration. III. That fresh beef or fresh mutton shall be issued four times in each week, if required by the recruiting officer. The necks of the cattle slaughtered for beef to be delivered under this agreement shall be cut off at the fourth vertebral joint, and the breasts trimmed down. The shanks of fore-quarters shall be cut off from three to four inches above the knee-joint, and of hind-quarters from six to eight inches above the hock-joint. IV. That the provisions to be furnished under this contract shall be of the first quality. Should any difficulty arise respecting their quality, then the recruiting officer shall appoint a disinterested person to meet one of the same description to be appointed by the contractor. These two shall have power to decide on the quality of the provisions; but should they disagree, then a third person shall be chosen by the two already appointed, the whole to act under oath, and the opinion of the majority to be final in the case. V. That in case of deficiency in the quantity or quality of the rations herein stipulated to be furnished, then the recruiting officer of the place aforesaid shall have power to supply the deficiency by purchase, and the said -, contractor, shall be charged with any excess of cost over that of furnishing rations at contract rates. VI. That no member of or delegate to Congress, or any officer, agent, or person employed in the military service of the United States, shall be admitted to any share herein, or to any benefit which may arise herefrom. This contract shall be subject to the approval of the Commissary General of Subsistence U. S. A. In witness whereof, the undersigned have hereunto placed their hands and seals the day and date first above written. Witnesses: [L. S.] - Regt. of Recruiting Officer. [L. S.] [L. S.] [Here add, on the quintuplicate copy of the contract intended for the Returns Office, Department of the Interior, the affidavit thereupon required. For form of such affidavit, see page 155.] When a firm is contracting, the full names of the individuals composing it will be stated in the contract, together with the firm-name or style of the copartnership. When the agreement is for cooked rations, the word "cooked" must be here inserted. NOTES. This contract is to be executed in quintuplicate-one copy to be kept by the contractor, one to be kept by the recruiting officer making the agreement, two to be sent to the Commissary General of Subsistence, one to be sent to the "Returns Office." Department of the Interior, Washington, D. C. Contracts covering periods prior to their date are inadmissible. Alterations or interlineations must be specifically stated and described at the foot of the contract over the signatures of the parties. Erasures are inadmissible. The signatures of each of the parties to the contract must be attested by the signature of one or more witnesses. 1567. In framing the stipulations of a contract for the preparation, curing, packing, and delivery of Subsistence supplies, care will be taken that in nature, quality, quantity, package, &c., the supplies are adapted to the kind and extent of the transportation to which they are to be subjected; the climate to which they are to be exposed; the character of shelter they are to have; the length of time they are to be kept; the use for which they are intended; the number of troops to be supplied; and any other circumstances or conditions which may be anticipated. 1568. When time or special circumstances do not allow terms of purchase agreed upon to be reduced to writing, all features of the Forms prescribed that it may be practicable to observe and fulfill, as conditions of the purchase, must be understood and agreed to by the seller. Temporary agreements for subsisting recruiting and other small parties may be made without advertising in newspapers, but only to run for such time as is necessary in order to advertise and make formal contracts under the law and regulations. It should be a condition in the advertisement and in the information to bidders that the cooked rations or subsistence shall be furnished at places convenient to the recruiting stations. ENGINEER DEPARTMENT. Form of Contract. eighteen hundred 1569. Articles of agreement entered into this day of and, between Corps of Engineers U. S. A., of the first part, and -, partners, doing business under the firm name of of the county of, State of of the second part: of This agreement witnesseth, That, in conformity with the advertisement and specifications hereunto attached, and which form a part of this contract, the said for and in behalf of the United States of America, and the said for heirs, executors, and administrators, have mutually agreed, and by these presents do mutually covenant and agree, to and with each other, as follows, viz: Here, in such number of separate paragraphs or articles as may be necessary, specifiy the kind of work to be constructed, or materials to be furnished, or services to be rendered.] shall commence on or before the All materials furnished and work done under this contract shall, before being accepted, be subject to a rigid inspection by an inspector appointed on the part of the Government, and such as- not conform to the specifications set forth in this contract shall be rejected. The decision of the Engineer officer in charge as to quality and quantity shall be final. The said eighteen hundred and eighteen hundred and If, in any event, the party of the second part shall delay or fail to commence with the delivery of the material, or the performance of the work on the day specified herein, or shall, in the judgment of the Engineer in charge, fail to prosecute faithfully and diligently the work in accordance with the specifications and requirements of this contract, then, in either case, the party of the first part, or his successors legally appointed, shall have power, with the sanction of the Chief of Engineers, to annul day of and shall complete the on or before the day of this contract, by giving notice in writing to that effect to the party (or parties, or either of them) of the second part; and upon the giving of such notice, all money or reserved percentage due or to become due to the party or parties of the second part by reason of this contract shall be and become forfeited to the United States; and the party of the first part shall be thereupon authorized, if an immediate performance of the work or delivery of the materials be in his opinion required by the public exigency, to proceed to provide for the same by open purchase or contract, as prescribed in section 3709 of the Revised Statutes of the United States: Provided, however, That if the party (or parties) of the second part shall by freshets, ice, or other force or violence of the elements, and by no fault of his or their own, be prevented either from commencing or completing the work, or delivering the materials at the time agreed upon in this contract, such additional time may, in writing, be allowed him or them for such commencement or completion as, in the judgment of the party of the first part or his successor, shall be just and reasonable; but such allowance and extension shall in no manner affect the rights or obligations of the parties under this contract, but the same shall subsist, take effect, and be enforceable precisely as if the new date for such commencement or completion had been the date originally herein agreed upon. If, at any time during the prosecution of the work, it be found advantageous or necessary to make any change or modification in the project, and this change or modification should involve such change in the specifications as to character and quantity, whether of labor or material, as would either increase or diminish the cost of the work, then such change or modification must be agreed upon in writing by the contracting parties, the agreement setting forth fully the reasons for such change, and giving clearly the quantities and prices of both material and labor thus substituted for those named in the original contract, and before taking effect must be approved by the Secretary of War: Provided, That no payments shall be made unless such supplemental or modified agreement was signed and approved before the obligation arising from such modification was incurred. No claim whatever shall at any time be made upon the United States by the party or parties of the second part, for or on account of any extra work or material performed or furnished, or alleged to have been performed or furnished, under or by virtue of this contract, and not expressly bargained for and specifically included therein, unless such extra work or materials shall have been expressly required in writing by the party of the first part or his successor, the prices and quantities thereof having been first agreed upon by the contracting parties and approved by the Chief of Engi neers. Payments shall be made to the said have been delivered and accepted, reserving when the contracted for shall per cent. from each payment until the whole shall have been so delivered and accepted. Neither this contract nor any interest therein shall be transferred by the said to any other party; and any such transfer shall cause the annulment of the contract so far as the United States are concerned. All rights of action, however, to recover for any breach of this contract by the said are reserved to the United States. No member of or delegate to Congress, nor any person belonging to, or employed in, the military service of the United States, is or shall be admitted to any share or part of this contract, or to any benefit which may arise herefrom. [Here add, to any contract made with an incorporated company for its general benefit, the following words, viz: "But this stipulation, so far as it relates to members of or delegates to Congress, is not to be construed to extend to this contract." See sec. 3740, Revised Statutes.] This contract shall be subject to approval of [name the proper officer]. In witness whereof, the undersigned have hereunto placed their hands and seals the date first hereinbefore written. [Here add, on the quintuplicate copy of contract intended for the Returns Office, Department of the Interior, the affidavit thereupon required. For form of such affidavit, see page 155.] of the county of subject to day of eighteen hundred State of, of the first part, the approval of the Chief of and the United States, by Ordnance (acting under the direction and by authority of the Secretary of War), for and in their behalf, of the second part: This agreement witnesseth, That the said executors, and administrators, and the said United States of America, have mutually agreed, and by these presents do mutually covenant and agree, to and with each other, as follows, viz: for [Here, in such number of separate paragraphs or articles as may be necessary, specify the kinds and quantities of supplies or materials to be furnished, or the nature and extent of services to be performed.] All these shall be packed by the party of the first part, if required, in good and sufficient boxes of an approved pattern for which a fair price, to be determined by the United States Inspector, will be allowed. All these shall be delivered by the said party of the first part at The said party of the first part shall indemnify the United States and all persons acting under them for all liability on account of any patent rights granted by the United States which may affect the herein contracted for. to the said For herein contracted for, which shall be delivered, inspected, and approved as aforesaid, there shall be paid by heirs, executors, or administrators, on bills in triplicate, made in approved form, and duly authenticated by the proper officers of the Ordnance Department, the sum of dollars, in the funds furnished for the purpose by the United States. Payments for each delivery, as hereinafter provided, shall be made on certificates of inspection and receipts by the United States Inspectors, at the rate of If any default shall be made by the party of the first part in delivering all or any of the mentioned in this contract, of the quality and at the times and places herein specified, then, in that case Nothing contained in this stipulation shall be construed to prevent the Chief of Ordnance, at his option, upon the happening of any such default, from declaring this contract to be thereafter null and void, without affecting the right of the United States to recover for defaults which may have occurred; but in case of overwhelming and unforeseen accident, by fire or otherwise, the circumstances shall be taken into equitable consideration by the United States before claiming forfeiture for non-delivery at the time specified. Neither this contract nor any interest therein shall be transferred by the said to any other party; and any such transfer shall cause the annulment of the contract so far as the United States are concerned. All rights of action, however, to recover for any breach of this contract by the said are reserved to the United States. No member of or delegate to Congress, nor any person belonging to, or employed in. the military service of the United States, is or shall be admitted to any share or part of this contract, or to any benefit which may arise herefrom. [Here add, to any contract made with an incorporated company for its general benefit, the following words, viz: "But this stipulation, so far as it relates to members of or delegates to Congress, is not to be construed to extend to this contract." See sec. 3740, Revised Statutes.] [Here add, on the quintuplicate copy of contract intended for the Returns Office, Department of the Interior, the affidavit thereupon required. For form of such affidavit, see page 155.) ARTICLE LXXVI. MONEY ACCOUNTABILITY. 1571. All officers of the Quartermaster's, Subsistence, and Pay Departments, the Chief Medical Purveyor and Assistant Medical Purveyors, and all Storekeepers shall, before entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for all public moneys and property which they may receive. The President may, at any time, increase the sums so prescribed. [But the Quartermaster General shall not be liable for any money or property that may come into the hands of the subordinate officers of his department.-[R. S., § 1191.] 1572. The Commandant of the Military Prison gives bonds in such amount as is fixed by the Secretary of War. 1573. No advance of public money shall be made in any case whatever, except such advances to disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements.-[R. S., § 3648; Regs. 1863, ¶ 999.] 1574. The President may also direct such advances as he may deem necessary and proper, to persons in the military service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected.-R. S., § 3648; Regs. 1863, ¶ 999.] 1575. The chiefs of disbursing departments who submit requisitions for money to be remitted to disbursing officers shall take care that no more money than is actually needed is in the hands of any officer.-[Regs. 1863, ¶ 991.] 1576. It shall be the duty of every disbursing officer having any public money intrusted to him for disbursement to deposit the same with the Treasurer or some one of the Assistant Treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law, and to draw for the same only in favor of the persons to whom payment is made; and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an Assistant Treasurer of the United States. In places, however, where there is no Treasurer or Assistant Treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors.-[R. S., § 3620.] 1577. Every person having moneys of the United States in his hands or possession who fails to deposit them according to law and the instructions of the proper authority, shall be deemed guilty of embezzlement and punished as provided by law.-[R. S.,'} 5492.1 1578. All public officers of whatsoever character are required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to law.-[R. S., § 3639; Regs. 1863, ¶ 993.] 1579. Every officer or other person who shall violate the provisions of the foregoing section [¶ 1578] in regard to the safe-keeping of public moneys, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and punished according to law.-[R. S., § 5490.1 1580. No exchange of funds shall be made by any disbursing officer or agent of the Government, of any grade or denomination whatsoever, or connected with any branch of the public service, other than an exchange for gold, silver, United States notes, and national-bank notes; and every such disbursing officer, when the means for his disbursements are furnished to him in gold, silver, United States notes, or national-bank notes, shall make his payments in the moneys so furnished; or, when they are furnished to him in drafts, shall cause those drafts to be presented at their place of payment, and properly paid according to law, and shall make his payments in the money so received for the drafts furnished, unless, in either case, he can exchange the means in his hands for gold and silver at par. And it shall be the duty of the head of the proper Department immediately to suspend from duty any disbursing officer or agent who violates the provisions of this section, and forthwith to report the name of the officer or agent to the President, with the fact of the violation, and all the circumstances accompanying the same and within the knowledge of the Secretary, to the end that such officer or agent may be promptly removed from office, or restored to his trust |