“Whereas, Roderigue Hortalès et Cie. have shipped or caused to be shipped ... considerable quantities of cannon, arms, ammunition, clothing, and other stores, most of which have been safely landed in America ... and Whereas as Roderigue Hortalès et Cie., willing and desirous to continue supplying those stores ... provided satisfactory assumption be made and assurance given for the payment in France of the just cost, charges, freight of the cargoes already shipped as well as those to be hereafter shipped....
“Now know ye that John Baptist Lazarus Theveneau de Francy, agent of Peter Augustin Caron de Beaumarchais, as representative of the house of said Roderigue Hortalès et Cie., by him especially appointed and empowered to act ... in virtue of the powers in him trusted, to contract, agree and engage to and with M. Ellery, Jas. Forbes, Wm. Henry Dayton, Wm. Hurer, Esq., a Committee of commerce, properly appointed and authorized by the delegates of the United States of America in Congress assembled to enter into, execute, ratify and confirm this contract for and in behalf of the said United States as follows:
“1st. That the cost and charges of the cargoes already shipped shall be fairly stated in current prices ... at the date of shipment.
“2nd. The freight to be charged agreeably to contract entered into by Caron de Beaumarchais, Silas Deane, and M. Monthieu.
“3rd. All orders to be transmitted to Messrs. Roderigue Hortalès et Cie. or their agents, subject to the inspection and control of an agent appointed under the authority of Congress, who shall have liberty to inspect the quality of such merchandise.
“4th. All articles hereafter shipped to be provided as nearly as possible to order ... and not higher than the current price ... attended with most moderate charges.
“5th. Good ships shall be chartered or bought at moderate price for transportation of the stores.
“6th. That agents appointed under the authority of Congress, shall have free liberty to inspect the quality, and require the prices of all articles to be shipped for the account of the United States, with power to reject such as they judge unfit or too high priced; they shall also be party in the charters and purchasing of ships to be employed in the service.
“7th. Bills on the House of Roderigue Hortalès et Cie., for 24,000,000 livres tournois, annually, shall be honored and paid....
“In consideration whereof, the said William Ellery, James Forbes, William Henry Dayton, William Durer, Esq., Committee of Commerce for Congress ... agree and engage with Roderigue Hortalès et Cie., by their said agent as follows: