[ endorsement
]
N. C
Copy,
RaleighN. C
No.
2802
$ 3,000—
per annum.
THIS INDENTURE OF CONTRACT, made the
twenty second
day of April
in the year one thousand eight hundred and forty-
three, between E. P. Guion
Contractor for carrying the Mails of the United States of one part, and the UNITED
STATES OF AMERICA of the other part, WITNESSETH: That the parties have mutually covenanted as follows, viz: The said Contractor covenant^s^
with the said United States, in consideration of the covenant of the United States
hereinafter expressed, to carry the Mail of the United States from
Raleigh, N.C. by Middle Creek and Averysborough to Fayetteville
numbered as route
2802
in manner following, to wit:
six times a week & back in two horse coaches.
(The Postmaster General reserves the right to order the great Northern and Southern
mail on this route at $10,800 per annum)
for and during the term commencing the
first
day of
July
, in the year one thousand eight hundred and forty-
three
, and ending with the thirtieth day of June, in the year one thousand eight hundred and forty- seven The said Contractor hereby agreeing and stipulating under this covenant, 1st, to carry
said mail within the times fixed in the annexed schedule of departures and arrivals,
except that when more than seven minutes are taken for opening and closing the mails
at any office, the surplus time so taken is to be allowed in addition to what is given
by the schedule; and so carry until said schedule is altered by the authority of the
Postmaster General of the United States as hereinafter provided, and then to carry
according to said altered schedule—2d, to carry said mail in a safe and secure manner,
free from wet or other injury, in a boot under the driver’s seat, and in preference
to passengers, and to their entire exclusion if its weight and bulk require it—3d,
to take the mail and every part of it from, and deliver it and every part of it at,
each post office on the route, or that may hereafter be established on the route,
and into the post office at each end of the route, and into the post office at the
place at which the carrier stops at night, if one is there kept; and if no office
is there kept, to lock it up in some secure place at the Contractor^s^
risk.
The Contractor also covenant^s^
with the United States, in and for the consideration above mentioned, to be answerable
for the person to whom he shall commit the care and transportation of the mail, and
accountable for any damages which may be sustained through his unfaithfulness or want
of care; and that he will discharge any carrier of said mail, whenever required to
do so by the Postmaster General; also that he will not transmit by
him
sel
f
or h
is
agent, or be concerned in transmitting, commercial intelligence, more rapidly than
by mail, and that he will not carry out of the mail letters or newspapers which should
go by post, and further to convey, without additional charge, post office blanks,
mail bags, and the special agents of the Department on the exhibition of their credentials; and give a preference to passengers brought
in the connecting mail lines over those travelling in any other.
The said Contractor further covenant^s^
in and for the consideration above mentioned, to collect quarterly, if required by
the Postmaster General, of postmasters on said route, the balances due from them to
the General Post Office, and faithfully render an account thereof to the Postmaster
General, in the settlement of quarterly accounts, and will pay over to the General
Post Office all balances remaining in h
is
hands.
The said United States covenant with the said Contractor to pay him
for his
services aforesaid, at the rate of
Three thousand
dollars a year, to wit, quarterly in the months of May, August, November, and February,
through the postmasters on the route, or otherwise, at the option of the Postmaster
General of the United States—said pay to be subject, however, to be reduced or discontinued
by the Postmaster General as hereinafter stipulated, or to be suspended in case of
delinquency.
^1844
^
| 1844 | Decer. | 3d | Ordered to put the great mail on this route at $10,800 per annum, agreeably to contract, to go into effect 1st Jany 1845. |
| " | " | 20— | Ordered that the allowance to be entered into contract, to be made in case the new
service is discontinued before expiration of contract, shall be two months extra pay on account of the peculiar nature of the service and the large outlay and expense to be incurred to stock route &c.[etc.] |
| 1845 | Feb. | 6th | Annul the great mail service on this route ordered 3d Decr. '44, and allow two months extra pay according to contract on the amount saved $7,800 and restore the ordinary mail service in two horse coaches at $3,000 per annum. |
| 1845 | Feb. | 22d | Postmaster Fayetteville reports compliance with order of 6th Feb. '45, reducing service to two horse coaches, the 18th Feb. '45 |
<Page 2>
It IS HEREBY MUTUALLY STIPULATED AND AGREED, by the said parties, that the Postmaster
General may alter the contract, and alter the schedule; he allowing a pro rata increase of compensation within the restrictions imposed by law for the additional
service required, or for the increased speed, if the employment of additional stock
or carriers is rendered necessary; but the Contractor may, in case of increased expedition,
relinquish the contract, on timely notice, if he prefer^s ^
it to the change: also that the Postmaster General may discontinue or curtail the
service, he allowing one month’s extra pay on the amount dispensed with.
And IT IS ALSO HEREBY MUTUALLY STIPULATED AND AGREED, by the said parties, that in all
cases there is to be a forfeiture of the pay of the trip when the trip is not run;
a forfeiture of at least one fourth part of it when the running or arrival is so far
behind time as to lose the connexion with a depending mail; and a forfeiture of a due proportion of it, when a grade of
service is rendered inferior to
the service herein named
and that these forfeitures may be increased into penalties of higher amount, according
to the nature or frequency of the failure and the importance of the mail: also that
fines may be imposed upon the Contractor unless the delinquency be satisfactorily
explained to the Postmaster General in due time, for failing to take from, or deliver
at, a post office, the mail, or any part of it; for suffering it to be wet, injured,
lost, or destroyed; for carrying in a place or manner that exposes it to depredation,
loss, or injury, by being wet or otherwise; for refusing after demand to convey a
mail by any coach which the Contractor regularly runs
or
is
concerned in running on the route, beyond the number of trips above specified; or
for not arriving at the time set in the schedule. And for setting up or running an
express to transmit commercial intelligence in advance of the mail, a penalty may
be exacted of the Contractor equal to a quarter’s pay; but in all other cases no fine
shall exceed three times the price of the trip.
And IT IS HEREBY FURTHER MUTUALLY STIPULATED AND AGREED, by the said parties, that the
Postmaster General may annul the contract for repeated failures; for violating the
Post Office Laws; for disobeying the instructions of the Department; for refusing to discharge a carrier when required by the Department; for assigning the contract without the consent of the Postmaster General; for setting
up or running an express as aforesaid; or whenever the Contractor shall become a Postmaster,
Assistant Postmaster, or Member of Congress; and this contract shall, in all its parts, be subject to the terms and requisitions
of an act of Congress passed on the twenty-first day of April, in the year of our Lord one thousand eight
hundred and eight, entitled “An act concerning public contracts.”
IN WITNESS WHEREOF, the said Contractor and the Postmaster General have hereunto set
their hands and seals, the day and year set opposite their names, respectively.
Be careful to write the date opposite the signature.
Signed, sealed, and delivered, in the presence of
(signed, E. P. Guion seal 2d October 1843[ certification
]
10/02/1843
Oct. 2nd 18431
Altered from 10th to 2d in presence of the contractor
(Sigd[Signed]) Thos G. Scott
10/02/1843
Scott, Thomas G.
Signed, sealed and delivered, in the presence of
Signed, Thos. G. ScottOct. 2nd 18431
Altered from 10th to 2d in presence of the contractor
(Sigd[Signed]) Thos G. Scott
<Page 3>
[ enclosure
]
Schedule of Departures and Arrivals
Schedule of Departures and Arrivals
THE SCHEDULE
OF
DEPARTURES AND ARRIVALS.
OF
DEPARTURES AND ARRIVALS.
Leave
Raleigh every day, except Sunday, at 12 M. ^2 (10 pm)^(11 am)^(10 am)^^^
Arrive at
Fayetteville next days by 3 am^5 (9 pm)^
Leave Fayetteville every day, except Sunday, at 6 PM^3 (10½ [?]^(10 pm)^^
Arrive at Raleigh next days by 9 am.^(10 pm) (8½)^
Sch. chgd[Schedule changed], 31st July '43. Sch. chgd. as in brackets 4 Decr '44. Schd. chgd. 19th May '45, but without additional pay for increased distance.
Leave Raleigh daily, except Sunday, at 10 am arrive at Fayetteville same days by 10 PM. Leave Fayetteville daily, except Sunday, at 1 ½ PM. Arrive at Raleigh next day by 1 ½ am. Sch.[Schedule] [chgd?] '45
843
[ endorsement
]
10/02/1843
10/02/1843
Guion, E. P.
I. E. P. Guion
being appointed
a
Mail Contractor
, do swear
that
I—
will faithfully perform all the duties required of
me
, and abstain from every thing forbidden by the law in relation to the establishment
of the Post Offices and Post Roads within the United States. And
I—
do solemnly swear
that
I—
will support the Constitution of the United States.
Sworn before the subscriber Thos G. Scott JP[Justice of the Peace] for the County of Wake, NC. this 12th2 day of October
A. D. 1843
(Sigd, E. P. Guion)[ endorsement
]
Scott, Thomas G.
(Sigd.) Thos G. Scott.Altered from 10th to 2d October in presence of the Contractor.
(Sigd,Thos G. Scott.
<Page 4>
[ enclosure
]
10/02/1843
10/02/1843
Guion, E. P.Hughes, Nelson B.Yarbrough, Edward
Bond of E. P. Guion, Nelson B. Hughes, and Edward Yarbrough
The Postmaster will add the sureties’ names.
Be careful to enter the same date as opposite to the signature to the contract.
KNOW ALL MEN BY THESE PRESENTS, that we, E. P. Guion as principal, and Nelson B. Hughes & Edward Yarbrough,
as sureties, are held and firmly bound unto the United States of America, in the just
and full sum of
Six thousand dollars, value received, to be paid unto the United States of America; to which, payment well
and truly to be made, we bind ourselves, our heirs, executors, and administrators,
jointly and severally, firmly by these presents. Sealed with our seals: dated the second day of October in the year of our Lord one thousand eight hundred and forty-
three
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the above bounden
E. P. Guion
by a certain indenture of contract executed on an even date herewith, covenanted with
the said United States to carry the Mail of the United States from
Raleigh to Fayetteville
and back, as per contract annexed: commencing the
first
day of
July
one thousand eight hundred and forty-three
, and ending the thirtieth day of June, which will be in the year one thousand eight
hundred and forty-seven
NOW, if the said
E. P. Guion
shall well and truly perform the covenants in the said Indenture expressed on
his
part to be performed, and shall account for all penalties, and shall promptly repay
all balances that may at any time be found due from
him
, then this bond is to be void; otherwise to remain in full force.
(Sigd) E. P. Guion seal 2d Oct. '43Nelson B. Hughes seal 2d Oct. '43Ed. Yarbrough seal 2d Oct. '43[ certification
]
10/02/1843
10/02/1843
Maddox, R. E.
Signed, sealed, and delivered, in the presence of
(Sigd) R. E. Maddox, witness as to E. P. Guion and N. B. Hughes. 2d Oct. 1843.[ certification
]
Scott, John W.
Witness as to E. Yarbrough,
Jno. W. Scott.
Partially Printed Transcription Signed with a Representation, 4 page(s), RG 233, Entry 367: Records of the U.S. House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Petitions and Memorials, Resolutions of State Legislatures, and Related Documents Which Were Referred to Committees, 1847-1849, NAB