(.cont)

• the trees to be cut down and cleared the width of sixty six feet according to the fourth section of the above mentioned Act the stumps to be grubbed
• the bed of the road to be leveled thirty two feet in width
• the hills to be cut down the earth rocks and stones removed
• the hollows and valleys and all the abutments of bridges and culverts to be filled so that the whole of the road on the aforesaid width of thirty two feet to be reduced in such manner that there shall not in any instance be an elevation in said road when finished greater than an angle of five degrees with the horizon, nor greater than the gradation fixed by the commissioners who laid out the road, or such as has since been made and confirmed by the President of the United States in conformity with the provisions of the Act of Congress, for that purpose and so that the surface of said road shall be adopted to the marks or stakes made or to be made by the person appointed Superintendent for the said road by the President of the United States,
• where the earth is to be raised the sides are to slope at an angle not exceeding forty five degrees the base or bottom part thereof to be of such width as to secure to the road a complete surface of thirty two feet in width a proper allowance to be made for the settling of made earth according to the directions of the Superintendent,
• no stumps logs or wood of any kind to be permitted in the filling,
• in all situations on sides of hills or otherwise where it may be necessary to fill but where the nature of the ground will not in the superintendents opinion admit filling with such slope as above mentioned and where side [sic] walls will be built at the expense of the United States the contractor is to fill four additional feet in width so as to give thirty six feet surface to the road,
• where the hills are cut through or the road dug along side of hills the bank or banks to be cut of such slope as is necessary to prevent the earth from falling or slipping in upon the said surface of thirty two feet, the superfluous earth to be removed to the nearest filling and there spread so as to increase the breadth of the road equally on each side from the commencement of the filling to the end of it only otherwise permitted or directed by the Superintendent,
• what may be deficient in order to fill the bridges, culverts or hollows to be dug out of the aforesaid thirty two feet or from the banks in such a way as to increase the width of the road equally through the nearest cutting unless otherwise permitted or directed by the Superintendent – nor in any instance the earth to be dug without such permission or direction more than one foot below the surface of the pavement within the aforesaid breadth of sixty six feet.
• –alleys [sic] or sewers above the surface of the ground necessary to give vent to the waters on the side of hills to be made in all parts where and in such manner as shall be designated by the Superintendent.
• The road to be covered twenty feet in width with stone eighteen inches in depth in the middle and diminishing to twelve inches at the upper six inches thereof to be broken to such a size that each particle thereof will pass through a seven inch ring, no stone to be used for said pavement but such as may be approved of.
• In all cases where bridges or culverts are built the pavement to extend twelve inches deep from the extremity of the aforesaid breadth of twenty feet to each side wall the whole length of said walls unless otherwise directed by the Superintendent for which additional pavement the contractors shall in addition to the paid stipulated in the Article of Agreement hereto annexed [sic] receive an allowance of the rate of one dollar for every fifty superficial square feet, of such additional pavement.
• The whole of the said artificial stratum of broken stones to be made in a compact manner and to be supported on each side by good and solid shoulders and its surface to be formed as smooth and even as may be and of such convexity as the Superintendent may direct each grade of the road to be perfectly leveled and brought to the proper degree and approved before any stone are put on and leveled and approved before the upper stratum passing through a three inch ring are put.
• In every instance the contractor to find at his own expense the stones or materials necessary to complete his part of the road.
• The side roads on each side of the pavement to be dug as low and deep in the cut parts of the road and particularly through rocks as the Superintendent may direct.
• The fillings of the side roads where the same is necessary to be raised as high as may be directed by the Superintendent, and the surface of the said side road both in the filling and cut parts to be completely cleared of rocks or stones so as to be smooth and even.
• No contractor is to interfere with the stone of the contractor for the adjacent sections of the road for which purpose a line at right angles with the road at the end of each section will be considered as dividing the right to the stone unless otherwise directed by the Superintendent, on account of the want of stone within the limit of any one section.
• Masons or other persons who may contract with the United States for the building of bridges culverts or any other species of mason work on the road or any other article necessary to complete the road such as stone, lime sand timber or any other material to be permitted by the contractors to take and select such stone, sand, timber or other article or material within his division, as such mason or other person may think proper and haul the stone along the parts of the road leveled by the contractor or elsewhere to the place where such stone, lime sand timber or other article or material may be wanting without any interruption.
• Whenever the new road meets with or runs along the course of any road theretofore used a sufficient width of road to be kept open for wagon and all kinds of carriages to pass and repass without delay whilst the new road is making.
• The contractor shall not in any instance let or transfer his contract or any part there of to any other person without the Superintendents consent, and in every instance where such sub-contract may be made the price per perch to be allowed to such sub-contractor shall be fixed with the said Superintendents approbation and shall be paid by him to such sub-contractors out of the first monies which may become due to the principal contractor according to the provisions for payment stipulated in the Articles of Agreement.
• The contractor shall not employ any workman or laborers who commit depreciations in the neighborhood or insult travelers, and he shall on the application of the Superintendent immediately discharge any such workmen or laborers in his employ.
• The contractor shall commence working on his section at the end nearest Cumberland unless a deviation in that respect be assented to by the Superintendent.

Now this Agreement made and concluded on this fifth day of September in the year of our Lord Eighteen hundred and Fifteen between Gabriel D. Evans and Andrew Ramsey of the one part and David Shriver just duly authorized in behalf of the United States of the other part witnessed that the said Gabriel D. Evans and Andrew Ramsey for themselves their heirs executors and administrators jointly and severally [sic] hereby covenant promise and agree to and with the said David Shriver just duly authorized in behalf of the United States that they the said Gabriel D. Evans and Andrew Ramsey shall and will well and faithfully and in a workman like manner on or before the first day of November in the year of our Lord Eighteen hundred and Sixteen make finish and complete in a workman like manner and on the conditions herein before mentioned all that part of the road which is designated by the name of the Twenty second section, beginning at the end of the Twenty first section at a black oak tree marked 44 miles and 22 chains¹ from Cumberland in Maryland and ending for the same at a white oak tree marked 45 miles 94 (?) chains from Cumberland containing one mile and one hundred and fifty perches¹ for the said section more or less.²

In consideration whereof the said David Shriver just duly authorized in behalf of the United States as aforesaid doth hereby covenant promise and agree to and with the said Gabriel D. Evans and Andrew Ramsey their heirs executors or administrators, that the said United States shall and will for doing and performing the work aforesaid, well and truly pay or cause to be paid to the said Gabriel D. Evans and Andrew Ramsey their executors or administrators at the rate of twenty dollars for each and every perch in length of the said twenty second section in the following manner “Viz” when forty perches in length of said road are finished and approved by the Superintendent the United States will pay to the said Gabriel D. Evans and Andrew Ramsey their executors or administrators for twenty perches and after that they will pay them on the completion of every twenty perches, at all times reserving the amount due for the first twenty perches until the whole of the section aforesaid hereby contracted for shall have been finished and completed to the satisfaction of the Superintendent, agreeably to the contract when the balance[sic] due will be paid to the said Gabriel Evans and Andrew Ramsey and the said Gabriel D. Evans and Andrew Ramsey for themselves their heirs executors and administrators further covenant and agree to and with the said David Shriver just duly authorized in behalf of the United States that in case the said Gabriel D. Evans and Andrew Ramsey shall not well and truly from time to time comply with and perform all the covenants and conditions herein stated and stipulated on there part to be done or performed and complied with in the manner and form within the time herein before mentioned or in case it should appear to the Secretary of the Treasury of the United States for the time being or the Superintendent of the road for the United States, that the work does not progress and go on with sufficient speed so as to be finished and completed in the herein specified that this the aforegoing agreement on the part of the part of the United States and every part of thereof shall become null and void, and the United States shall be at liberty and have full right and authority any thing herein to the contrary outwithstanding to employ and let to work or contract with any person or persons whomsoever in the place and stead of said Gabriel D. Evans and Andrew Ramsey and without any intervention or interference whatsoever from the said Gabriel D. Evans and Andrew Ramsey their heirs executors or administrators.

In witness whereof the said David Shriver just duly authorized in behalf of the United States hath hereunto subscribed his name and affixed his seal and the said Gabriel D. Evans and Andrew Ramsey hereunto set there hand and seals [sic] the day and year first above mentioned

It is hereby provided that no mention of congress shall be admitted to any share or part of this Agreement or contract or to any benefit arising therefrom
Gabriel D. Evans
Andrew Ramsey

Witness
Samuel Lowdermilk
James Shriver[sic]

Footnotes:

¹ The rod is a unit of length equal to 5.5 yards, 5.0292 metres, 16.5 feet, or 1:320 of a statute mile. A rod is the same length as a perch and a pole. The lengths of the perch (one rod) and chain (four rods) were standardized in 1607 by Edmund Gunter. (Wikipedia)

² The designated construction area would have been approximately a quarter mile from this marker.  Map Reference