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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, AUGUST 7, 1786.
Congress assembled. Present as before.
On a report of the Secretary at War, enclosing the resignation of Major Fish,
Resolved, That the resignation of Major Fish be accepted.2
[Note 2: 2 This letter from the Secretary of War is dated August 3. It is in the Papers of the Continental Congress, No. 150, I, folio 479, and is indorsed as agreed to August 7. Fish's resignation is on folio 475.]
Congress resumed the consideration of the Ordiance on Indian affairs, and a motion being made by Mr. [Edward] Carrington, seconded by Mr. [William] Few, to amend the said Ordinance by adding,
"And be it further Ordained, that in all cases where transactions with any nation or tribe of Indians, shall become necessary to the purposes of this Ordinance, which cannot be done without interfering with the legislative rights of a state, the Superintendant in whose
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district the same shall happen, shall act in conjunction with the Authority of such State.1
[Note 1: 1 This motion, in the writing of Edward Carrington, is in the Papers of the Continental Congress, No. 46, folio 468.]
On the question to agree to this amendment, the yeas and nays being required by Mr. [William] Few, New Hampshire, Pennsylvania,
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So it was resolved in the affirmative.
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The Ordinance being amended and read a third time; on the question, shall this Ordinance pass? the yeas and nays being South Carolina,required by Mr. [Charles] Pinckney,
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So it passed as follows:
An Ordinance For The Regulation Of Indian Affairs.
Whereas the safety and tranquillity of the frontiers of the United States, do in some measure, depend on the maintaining a good correspondence between their citizens and the several nations of Indians in Amity with them: And whereas the United States in Congress assembled, under the 9th of the Articles of Confederation and perpetual Union, have the sole and exclusive right and power of regulating the trade, and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated.
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Be it ordained, by the United States in Congress assembled, That from and after the passing of this Ordinance, the Indian department be divided into two districts, viz. The Southern, which shall comprehend within its limits, all the Nations in the territory of the United States, who reside southward of the river Ohio; and the Northern, which shall comprehend all the other Indian Nations within the said territory, and westward of Hudson river: Provided that all councils, treaties, communications and official transactions, between the Superintendant hereafter mentioned for the northern district, and the Indian Nations, be held, transacted and done, at the Outpost occupied by the troops of the United States, in the said district. That a Superintendant be appointed1 for each of the said districts, who shall continue in office for two Years, unless sooner removed by Congress, and shall reside within or as near the district for which he shall be so appointed, as may be convenient for the management of its concerns. The said superintendants shall attend to the execution of such regulations, as Congress shall, from time to time, establish respecting Indian Affairs. The superintendant for the northern district, shall have authority to appoint two deputies, to reside in such places as shall best facilitate the regulations of the Indian trade, and to remove them for misbehaviour. There shall be communications of all matters relative to the business of the Indian department, kept up between the said superintendants, who shall regularly correspond with the Secretary at War, through whom all communications respecting the Indian department, shall be made to Congress; and the superintendants are hereby directed to obey all instructions, which they shall, from time to time, receive from the said Secretary at War. And whenever they shall have reason to suspect any tribe or tribes of Indians, of hostile intentions, they shall communicate the same to the executive of the State or States, whose territories are subject to the effect of such hostilities. All stores, provisions or other property, which Congress may think necessary for presents to the Indians, shall be in the custody and under the care of the said superintendants, who shall render an annual account of the expenditures of the same, to the board of treasury.
[Note 1: 1 At this point Roger Alden takes up the entry.]
And be it further ordained, That none but citizens of the United States, shall be suffered to reside among the Indian nations, or be allowed to trade with any nation of Indians, within the territory of
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the United States. That no person, citizen or other, under the penalty of five hundred dollars, shall reside among or trade with any Indian or Indian nation, within the territory of the United States, without a license for that purpose first obtained from the Superintendant of the district, or one of the deputies, who are hereby directed to give such license to every person, who shall produce from the supreme executive of any state, a certificate under the seal of the state, that he is of good character and suitably qualified, and provided for that employment, for which license he shall pay the sum of fifty dollars, to the said superintendant for the use of the United States. That no license to trade with the Indians shall be in force for a longer term than one year; nor shall permits or passports be granted to any other persons than citizens of the United States to travel through the Indians nations, without their having previously made their business known to the superintendant of the district, and received his special approbation. That previous to any person or persons obtaining a license to trade as aforesaid, he or they shall give bond in three thousand dollars to the superintendant of the district, for the use of the United States, for his or their strict adherence to, and observance of such rules and regulations as Congress may, from time to time, establish for the government of the Indian trade. All sums to be received by the said Superintendants, either for licenses or fines, shall be annually accounted for by them with the board of treasury.
And be it further ordained, That the said superintendants, and the deputies, shall not be engaged, either directly or indirectly, in trade with the Indians, on pain of forfeiting their Offices, and each of the superintendants shall take the following oath, previous to his entering on the duties of his appointment: "I, A. B. do swear, that I will well and faithfully serve the United States in the office of superintendant of Indian affairs, for thedistrict: That I will carefully attend to all such orders and instructions as I shall, from time to time, receive from the United States in Congress assembled, or the Secretary at War: That I will not be concerned, either directly or indirectly, in trade with the Indians, and that in all things belonging to my said office, during my continuance therein, I will faithfully, justly and truly, according to the best of my skill and Judgment, do equal and impartial Justice, without fraud, favor or affection." And the superintendant for the northern district, shall administer to his deputies,
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the following oath, before they proceed on the duties of their office: "I, A. B. do swear, that I will well and faithfully serve the United States, in the office of deputy superintendant of Indian Affairs in the northern district, that I will carefully attend to all such orders and instructions as I shall, from time to time, receive from the United States in Congress assembled, the Secretary at War, or the Superintendant of the district aforesaid, and that in all things belonging to my said office, during my continuance therein, I will faithfully, justly and truly, according to the best of my skull and Judgment, do equal and impartial Justice, without fraud, favor or affection." And the said Superintendants and deputy superintendents, shall each of them give bond with surety to the board of treasury, in trust for the United States; the superintendants each in the sum of six thousand dollars, and the deputy superintendents each in the sum of three thousand dollars, for the faithful discharge of the duties of their office.
And be it further ordained, That all fines and forfeitures which may be incurred by contravening this ordinance, shall be sued for and recovered before any court of record within the United States, the one moiety thereof to the use of him or them who may prosecute therefor, and the other moiety to the use of the United States. And the said Superintendants shall have power, and hereby are authorized, by force to restrain therefrom, all persons who shall attempt an intercourse with the said Indians without a license therefor, obtained as aforesaid.
And be it further ordained, That in all cases where transactions with any nation or tribe of Indians shall become necessary to the purposes of this ordinance, which cannot be done without interfering with the legislative rights of a State, the Superintendant in whose district the same shall happen, shall act in conjunction with the authority of such State.1
[Note 1: 1 This paragraph exists in the writing of Theodore Sedgwick, in No. 56, folio 468. It appears to have been submitted as a motion and duly incorporated in the Ordinance.]
2Done by the United States in Congress assembled, this 7 day of August, A. D. 1786, &c.
[Note 2: 2 At this point Charles Thomson resumes the entries.]
The Commissioner for settling the accounts of the late army, to whom was referred a petition of John Stevens, late a captain in the Connecticut line, having reported thereon;
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On motion of Mr. [William Samuel] Johnson, seconded by Mr. [Pierse] Long,
Resolved, That it be, and is hereby recommended to the state of Connecticut, to settle the claims of captain John Stevens, for pay and depreciation, as a captain of a company in the Connecticut line of the Army, agreeably to the Act of Congress of the 25 May, 1781.1
[Note 1: 1 This motion, in the writing of William Samuel Johnson, is in the Papers of the Continental Congress, No. 19, V, folio 411.]
The Committee consisting of Mr. [Edward] Carrington, M: [John Cleves] Symmes and Mr. [Nathan] Dane, to whom was referred the Petition of Robert Patton, door keeper, report as follows vizt.
It appears to your Com. that from about the Middle of June, 1783, to the Middle of January, 1785, being 19 months, there was no person employed as a Messenger of Congress, and that during that period the said Robert Patton did the business of that character as an extra-duty. It also appears to Your Com. that within the above period the several removals of Congress must have subjected the Petitioner to much more expence than he otherwise would have been at: It is therefore their opinion that in consideration of all the premises he ought to be allowed during the said 19 Months half the pay of a Messenger, whereupon the following Resolution is submitted Vizt.2
[Note 2: 2 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress, No. 19, V, folio 53. According to indorsement it was read August 7. The submitted resolve was passed September 7, where it is spread verbatim on the Journal.]
The Grand Committee consisting of Mr. [Samuel] Livermore, Mr. [Nathan] Dane, Mr. [James] Manning, Mr. [William Samuel] Johnson, Mr. [Melancton] Smith, Mr. [John Cleves] Symmes, Mr. [Charles] Pettit, Mr. [William] Henry, Mr. [Henry] Lee, Mr. [Timothy] Bloodworth, Mr. [Charles] Pinckney and Mr. [William] Houstoun appointed to report such amendments to the confederation, and such resolutions as it may be necessary to recommend to the several states for the purpose of obtaining from them such powers as will render the federal government adequate to the ends for which it was instituted.
Beg leave to submit the following Report to the consideration of Congress:
Resolved, That it be recommended to the Legislatures of the several States to adopt the following Articles as Articles of the Confederation,
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and to authorise their Delegates in Congress to sign and ratify the same severally as they shall be adopted, to wit:
Art. 14. The United States in Congress Assembled shall have the sole and exclusive power of regulating the trade of the States as well with foreign Nations as with each other and of laying such prohibitions and such Imposts and duties upon imports and exports as may be Necessary for the purpose; provided the Citizens of the States shall in no instance be subjected to pay higher duties and Imposts that those imposed on the subjects of foreign powers, provided also, that all such duties as may be imposed shall be collected under such regulations as the united States in Congress Assembled shall establish consistent with the Constitutions of the States Respectively and to accrue to the use of the State in which the same shall be payable; provided also, that the Legislative power of the several States shall not be restrained from laying embargoes in time of Scarcity and provided lastly that every Act of Congress for the above purpose shall have the assent of Nine States in Congress Assembled, and in that proportion when there shall be more than thirteen in the Union.
Art. 15. That the respective States may be induced to perform the several duties mutually and solemnly agreed to be performed by their federal Compact, and to prevent unreasonable delays in any State in furnishing her just proportion of the common Charges of the Union when called upon, and those essential evils which have heretofore often arisen to the Confederacy from such delays, it is agreed that whenever a requisition shall be made by Congress upon the several States on the principles of the Confederation for their quotas of the common charges or land forces of the Union Congress shall fix the proper periods when the States shall pass Legislative Acts complying therewith and give full and compleat effect to the same and if any State shall neglect, seasonably to pass such Acts such State shall be charged with an additional sum to her quota called for from the time she may be required to pay or furnish the same, which additional sum or charge shall be at the rate of ten per Cent pr. annum on her said Quota, and if the requisition shall be for Land forces, and any State shall neglect to furnish her quota in time the average expence of such quota shall be ascertained by Congress, and such State shall be charged therewith, or with the average expence of what she may be deficient and in addition thereto from the time her forces were required to be ready to act in the field with a farther sum which sum
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shall be at the rate of twelve per Cent per Annum on the amount of such expences.
Art. 16. And that the resources of any State which may be negligent in furnishing her just proportion of the Common expence of the Union may in a reasonable time be applied, it is further agreed that if any State shall so Neglect as aforesaid to pass laws in compliance with the said Requisition and to adopt measures to give the same full effect for the space of Ten months, and it shall then or afterwards be found that a Majority of the States have passed such laws and adopted such measures the United States in Congress Assembled shall have full power and authority to levy, assess, and collect all sums and duties with which any such state so neglecting to comply with the requisition may stand charged on the same by the Laws and Rules by which the last State tax next preceeding such requisition in such State was levied, assessed and Collected, to apportion the sum so required on the Towns or Counties in such State to order the sums so apportioned to be assessed by the assessors of such last State tax and the said assessments to be committed to the Collector of the same last State tax to collect and to make returns of such assessments and Commitments to the Treasurer of the United States who by himself or his deputy, when directed by Congress shall have power to recover the monies of such Collectors for the use of the United States in the same manner and under the same penalties as State taxes are recovered and collected by the Treasurers of the respective States and the several Towns or Counties respectively shall be responsible for the conduct of said Assessors and Collectors and in case there shall be any vacancy in any of said Offices of Assessors or Collectors by death, removal, refusal to serve, resignation or otherwise, then other fit persons shall be chosen to fill such Vacancies in the usual manner in such Town or County within Twenty days after Notice of the assessment, and in case any Towns or Counties, any assessor, Collectors or Sheriffs shall Neglect or refuse to do their duty Congress shall have the same rights and powers to compel them that the State may have in assessing and collecting State Taxes.
And if any state by any Legislative Act shall prevent or delay the due Collection of said sums as aforesaid, Congress shall have full power and authority to appoint assessors and Collectors thereof and Sheriffs to enforce the Collections under the warrants of distress issued by the Treasurer of the United States, and if any further opposition shall be made to such Collections by the State or the Citizens thereof,
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and their conduct not disapproved of by the State, such conduct on the part of the State shall be considered as an open Violation of the federal compact.
Art. 17. And any State which from time to time shall be found in her payments on any Requisition in advance on an average of the payments made by the State shall be allowed an interest of six--per Cent pr. annum on her said advanced sums or expences and the State which from time to time shall be found in arrear on the principles aforesaid shall be charged with an Interest of six--per Cent pr. annum on the sums in which she may be so in arrear.
Art. 18. In case it shall hereafter be found Necessary by Congress to establish any new Systems of Revenue and to make any new regulations in the finances of the U.S. for a limited term not exceeding fifteen years in their operation for supplying the common Treasury with monies for defraying all charges of war, and all other expences that shall be incurred for the common defence or general welfare, and such new Systems or regulations shall be agreed to and adopted by the United States in Congress Assembled and afterwards be confirmed by the Legislatures of eleven States and in that proportion when there shall be more than thirteen States in the Union, the same shall become binding on all the States, as fully as if the Legislatures of all the States should confirm the same.
Art. 19. The United States in Congress Assembled shall have the sole and exclusive power of declaring what offences against the United States shall be deemed treason, and what Offences against the same Mis-prison of treason, and what Offences shall be deemed piracy or felony on the high Seas and to annex suitable punishments to all the Offences aforesaid respectively, and power to institute a federal Judicial Court for trying and punishing all officers appointed by Congress for all crimes, offences, and misbehaviour in their Offices and to which Court an Appeal shall be allowed from the Judicial Courts of the several States in all Causes wherein questions shall arise on the meaning and construction of Treaties entered into by the United States with any foreign power, or on the Law of Nations, or wherein any question shall arise respecting any regulations that may hereafter be made by Congress relative to trade and Commerce, or the Collection of federal Revenues pursuant to powers that shall be vested in that body or wherein questions of importance may arise and the United States shall be a party--provided that the trial of the fact by Jury shall ever be held sacred, and also the benefits of
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the writ of Habeas Corpus; provided also that no member of Congress or officer holding any other office under the United States shall be a Judge of said Court, and the said Court shall consist of Seven Judges, to be appointed from the different parts of the Union to wit, one from New Hampshire, Rhode Island, and Connecticut, one from Massachusetts, one from New York and New Jersey, one from Pennsylvania, one from Delaware and Maryland, one from Virginia, and one from North Carolina, South Carolina and Georgia, and four of whom shall be a quorum to do business.
Art. 20. That due attention may be given to the affairs of the Union early in the federal year, and the sessions of Congress made as short as conveniently may be each State shall elect her Delegates annually before the first of July and make it their duty to give an Answer before the first of September in every year, whether they accept their appointments or not, and make effectual provision for filling the places of those who may decline, before the first of October yearly, and to transmit to Congress by the tenth of the same month, the names of the Delegates who shall be appointed and accept their appointments, and it shall be the indispensable duty of Delegates to make a representation of their State in Congress on the first Monday in November annually, and if any Delegate or Delegates, when required by Congress to attend so far as may be Necessary to keep up a Representation of each State in Congress, or having taken his or their Scat, shall with-draw without leave of Congress, unless recalled by the State, he or they shall be proceeded against as Congress shall direct, provided no punishment shall be further extended than to disqualifications any longer to be members of Congress, or to hold any Office of trust or profit under the United States or any individual State, and the several States shall adopt regulations effectual to the attainment of the ends of this Article.1
[Note 1: 1 This report, the preamble in the writing of Charles Pinckney and the rest in the writing of Henry Remsen Jr., is in the Papers of the Continental Congress, No. 24, folio 179. According to indorsement it was read August 7 and Monday the 14th assigned.]
The Board of Treasury to whom was Referred the Petitions of William W. Morris and John Hayden relative to sundry Certificates, alledged to have been lost or destroyed, Beg leave to Report:
That in consequence of the various Applications which have been from time to time been made to Congress for the Renewal of the
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Securities of the United States made payable to Bearer, they have turned their attention to the General Question how far it is proper to direct the Renewal of such Securities.
They do not find on enquiry, that it is consistent with the practice of any Government or Public Establishment, who issue Certificates of Debts payable to Bearer, to renew the same in case of total loss, or destruction of the Paper so issued.
That this uniform practice, it must be presumed has arisen from the impracticability of Guarding against the numerous impositions which would inevitably ensue from a contrary line of conduct.
That although Congress by their Resolves of the 10th. May, 1780, relative to the Renewal of Loan Office Certificates, direct that Bonds of Indemnification should be given with two or more Sureties, to double the amount of the value of the Certificates claimed to be renewed: Yet it is to be observed, that the Obligation on the part of the Public to pay the Principal and Interest of the Original Certificates (if ever produced) is certain: whilst the chance of Recovery may depend on the Issue of a Process at Law, and the ultimate sufficiency of the Parties or their legal Representatives, who have entered into the Bonds of Indemnification.
That exclusive of these Objections the precaution above-mentioned is not, in the Opinion of this Board a sufficient reason for deviating in this respect from a rule of conduct which has been so long and generally Established and acquiesced in.
In all Commercial Countries, Notes payable to Bearer, have been considered in the nature of Money: because they enter into the general Mass of Circulation. The possession of the Note is the only Evidence of Right; and when that is interupted, the Right of the former possessor ceases. It is true that instances are not wanting where public, and private Notes, payable to Bearer, have been renewed where fragments of the Original have been produced sufficient to prove the Title to Payment. But we think we may with safety declare, that on the Alligation of total loss or destruction (without such material fragments of the Original being produced) no precedent of Renewal of such Evidences of a Public Debt existed previous to the Resolves of Congress of the 10th. May, 1780.
The Board are sensible that as in the instances submitted to their consideration, so in many other cases, an injury will often arise to Individuals from the loss of Certificates, but it is by Genl. Principles
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only that Public Bodies can with safety Act, in all matters where a deviation will not only expose the Government to the risque of loss, but encourage in the Community a disposition to commit fraud; besides, these private losses will be less frequent, if the custom established in other Countries with respect to Paper payable to Bearer, was adopted in this, and generally promulgated.
It may further not be improper to observe, that the various Evidences of Public Debt payable to Bearer, have not only opened a door to numerous frauds, by facilitating the means of Counterfeiting the same: but have rendered the operation of the payment of the Interest far more expensive and complicated than it, otherwise would be: Whatever therefore has a tendency to induce Individuals to Register the various Public Securities of which they are possest, agreeably to the established forms of the Treasury, ought in the Opinion of this Board to be considered and encouraged. The security of such Certificates in case of loss, when compared with those made payable to Bearer, would probably have no small effect in facilitating this object.
It is with great deference to the Judgement of Congress, who by their Resolve of the 10th. May, 1780, have so far as it respects Loan Office Certificates, adopted a different mode of practice, that these opinions are Submitted. If they are well founded, it follows, that no distinction can with propriety be made betwixt the renewal of Loan Office Certificates, and that of other Notes, which are made payable to Bearer. From these considerations, they beg leave to submit the following Resolves:
Resolved, That no Certificate issued under the Authority of the United States, and made payable to Bearer be hereafter Renewable, unless material Fragments of the same be produced descriptive of the Original Certificate: and that in all cases where the Claim to Renewal is admitted, a Certificate signed by the Register of the Treasury be issued in liew of the Original.
Resolved, That Certificates transferable only at the Treasury of the United States, may in case of Loss or Destruction be renewed under such Limitations and Restrictions as the Commissioners of the Treasury of the United States may judge proper to Establish.
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Resolved, That the Resolutions of Congress of the 10th May and July 18, 1780, relative to the Renewal of Loan Office Certificates be and they are hereby Repealed.
All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress, No. 138, II, folio 181. The added paragraph is in the writing of Arthur Lee and the report is indorsed by Roger Alden calling attention to a report of August 9 on the same subject. It is undated as to action by Congress but seems to belong to this or an approximate date.]
August 5th., 1786. saving always to those who shall have made application for renewal of certificates, destroyed previous to the first day of March next all the rights they now have under the resolutions now repealed.
Office For Foreign Affairs,
Augt. 5th., 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was Referred a Letter of 20th. July, 1786, from the President of New Hampshire to his Excellency the President of Congress, Reports;
That on attentively considering the facts stated in these papers, it is not clear to him that Congress should interfere. He thinks however it might be well to direct Copies of them to be sent to the Honorable Mr. Adams, with instructions to take such Measures on the subject, and to afford the Claimants such Aid, as Circumstances, and further information may render proper and adviseable.
All which is submitted to the Wisdom of Congress.
John Jay.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 81, II, folio 133. See ante, July 28 and post, August 8.]
The Commee. consisting &c. [of Mr. William Grayson, Mr. Rufus King and Mr. William Few, on forming a new Contract for carrying of the mail] report:
That the postmaster general be instructed under the direction of the board of treasury to enter into contracts with good and sufficient security for the conveyance of the different mails by the stage carriages from Portsmouth in N. Hamshire to the town of Augusta Savanah in the State of Georgia.
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That the said Post Mr. Genl. do make arrangements for ye transportation of the Mati to and from the following places, at such stated periods as he shall judge necessary.
From Portsmouth in N. Hamshire to Pownalborough in the State of Massachusets by the rout of Wells and New Gloucester Portland.
From Boston in the said State of Massachusets to the town of Concord in N. Hamshire, and from thence through Exeter to Portsmouth from Springfield in the State of Massachusetts to Albany in the State of N. York.
From the City of N. York to the City of Albany in the State of N. York and from N. York to Danbury in the State of Connecticut and from thence to Hartford in said State by the most convenient rout.
From the town of Baltimore to the city of Annapolis in the State of Maryland and from the City of Philadelphia to the Town of Vienna in the State of Maryland.
From the town of Alexandria in the State of Virginia to the town of Pittsburgh in the State of Pennsylvania by the rout of Leesburgh and Winchester, Fort Cumberland, and Bedford.
From Philadelphia to Bedford.
From the town of Wilmington to Fayetteville in the State of No. Carolina, by the rout of Elizabeth Town.
From Fayetteville in North Carolina to Cambden in South Carolina and from thence to Charles Town in the same State and from Cambden by the rout of Columbia to Augusta in Georgia.
That the contracts commence on the first day of January and remain in force for twelve months thence next ensuing.1
[Note 1: 1 This report, in the writing of William Grayson and an unknown, is in the Papers of the Continental Congress, No. 61, folio 555. According to indorsement it was: "Entd. Aug. 4, 1786, read Aug. 7, 1786."
August 7: Mr. [Melancton] Smith was appointed in place of Mr. [Nathan] Dane, to the Committee of March 27, to which was recommitted, July 13, the report on the temporary government for the Western Territory. See post, August 23.Committee Book, No. 190.
Also was read a report from the Secretary for Foreign Affairs on John O'Donnell's letter of June 20, on the Asiatic trade. It is in No. 81, II, folio 137, and is indorsed that O'Donnell's letter was returned to the Office of Foreign Affairs November 12, 1787.]
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