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IPSWICH, Sept. 39, 1787. Dear Sir:-Yours of the 16th I did not receive until yesterday, and last evening I had the pleasure of receiving another of the 24th instant. Since our last meeting and circulation of our hand-bills, shares have been in great demand, but the extreme scarcity of money renders it impossible for many even of very considerable property to become adventurers. have, however, disposed of a considerable number, and made collections equal to my expectations. Was money to be had, or the time a few months longer (when fat cattle would be fit for the market), I should be assured of obtaining a sum equal to our wishes. Great exertions are now making, and although the time is short, hope to make considerable additions. The rage for going into the Country from this part of Massachusetts and New Hampshire has astonished me. More than one hundred and fifty have applied to me to go this autumn on the terms we agreed on at the last meeting. They have almost refused to take a denial. The men I have engaged are equal to any I would have chosen.

I received a letter yesterday from General Putnam. He writes that he has had considerable success, and the prospect increasing. He has not heard what progress has been made in the Counties of Hampshire and Berkshire, but expected to meet General Tupper and Major Ashley at Springfield this week. He thinks the collection will be "sufficient to complete our contract." He writes very pressingly for both of us to go to New York. It appears unnecessary for me to go, nor do I see how I can well make it convenient. General Putnam will be in Boston on Thursday next week, but I think it will not be possible for me to complete my collections earlier than Saturday, which will render it impracticable for me to be in Boston before Monday. General Putnam expects General Tupper and Major Ashley to come with him. If they do, I hope they will not return until after Monday, for I very much wish to see them.

I am pleased to hear that Mr. Flint is about to go on to New York. Wish him now in Europe. I mentioned to him the matter of supplies. He proposed taking letters of credit from some merchant in New York to his correspondent in

Holland, which he supposed might easily be obtained. This, I think, might be the best mode of making provision for him. If he is successful, he may soon refund; if not, we can pay the money here and save the risk of the seas. Colonel Duer will most certainly assist him in obtaining them. Mr. Flint will be able to carry with him our new federal constitution, which I think a very favorable circumstance. Is there not a tolerable prospect of his being able to negotiate in England? Our associates at New York and Mr. Jefferson will be, perhaps, the best judges. Our prospects abroad, at any rate, I think, brighten upon us.

I am, dear sir,

Most sincerely yours,

MAJOR WINTHROP SARGENT.

M. CUTLER.

CHAPTER VIII.

THE INFLUENCE EXERTED BY DR. CUTLER IN THE FORMATION OF THE ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTH-WEST OF THE RIVER OHIO, PASSED JULY 13, 1787.

The general subject of establishing a distinct government or Colony westward of the limits of any of the thirteen colonies, received the attention of the British government before the Revolutionary War.

The following reference is made to this subject in a report made to Congress on May 1, 1782. Referring to the lands then claimed by Virginia, the Committee say: "It appeared that, in the year 1763, a very large part thereof was separated and appointed for a distinct government and colony by the King of Great Britain, with the knowledge and approbation of the government of Virginia." (Journ. Cong.) The Earl of Dunsmore writes quite fully to the Earl of Hillsborough, under date of November 12, 1770, "on the scheme in agitation of establishing a colony on the Ohio." (N. Y. Col. Rec., vol. 8, p. 253.) Sir William Johnson, in a letter dated June 20, 1774, to Earl Dartmouth, says, "a considerable number of settlements were made on the Ohio as early as 1765." (Vol. 8, p. 460.) Dartmouth writes to Johnson, July 6, 1774, strongly condemning the scheme.

It also appears that an agreement was entered into with the King and council for erecting a colony called "Vandalia," which agreement was completed all to affixing the seals and passing the usual forms of office. (Journ. Cong., May 1, 1782.) General Washington refers to this scheme in his propositions for colonizing his lands on the Ohio already given. (p. 140.) All this was before the war, and while the territory belonged to the crown. Congress took up the subject before they had acquired the territory by conquest, and followed it up until the final conclusion, July 13, 1787. The following extracts from

the journals of Congress are presented, to show that "new states," "distinct governments," were regarded as the true line of public policy in dealing with the future interests of the vast interior:

1. On the 21st of May, 1779, the delegates from the State of Maryland received instructions, that were entered upon the Journals of Congress, claiming that the unsettled country, if "wrested from the common enemy by the blood and treasure of the thirteen States, should be considered a common property, subject to be parceled out by Congress into free, convenient, and independent governments, in such manner and at such times as the wisdom of that assembly shall direct."

2. The following is the record of Congress for October 10, 1780: “Resolved, That the unappropriated lands that may be ceded or relinquished to the United States by any particular state, pursuant to the recommendations of Congress of the 6th of September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct Republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom, and independence, as the other states; that each state which shall be formed shall contain a suitable extent of territory, not less than 100 or more than 150 miles square, or as near thereto as circumstances will admit; that the necessary and reasonable expenses which any particular state shall have incurred since. the commencement of the present war in subduing any British Posts, or in maintaining posts or garrisons within and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed. That the said lands shall be granted or settled at such times and under such regulations as shall hereafter be agreed upon by the United States in Congress assembled, or any nine of them." The above constitutes the entire record in the Journals of Congress for October 10, 1780. No names of attendance, votes. or Committee are given; but it is the first distinct announcement by Congress of the policy of organizing new states or distinct governments in the North-west.

3. On May 1, 1782, the following resolution is embraced in a report made by a Committee, consisting of Messrs. Boudinot,

Varnum, Jenifer, Smith, and Livermore, to whom had been referred the cessions of New York, Virginia, and Connecticut, and petitions from the Indiana, Vandalia, Illinois, and Wabash Land Companies:

"Resolved, That whenever the United States in Congress assembled shall find it for the good of the Union to permit new settlements on unappropriated lands, they will erect a new state or states, to be taken into the Federal Union in such manner that no one state so erected shall exceed the quantity of 130 miles square, and that the same shall be laid out into Townships of about six miles square." The Journal does not show that this Resolution was adopted, but it indicates the prevailing views at the time.

4. On September 13, 1783, a' Committee, consisting of Messrs. Rutledge, Ellsworth, Bedford, Gorham, and Madison, reported the following proposition, which was agreed to: "That the territory so ceded should be laid out and formed into states containing a suitable extent of territory, not less than 100 nor more than 150 miles square, or as near thereto as circumstances will admit; and that the states so formed should be distinct republican states, and admitted members of the Federal Union, having the same rights of sovereignty, freedom, and independence, as the other states." The deed

of cession from Virginia, which was accepted by Congress on March 1, 1784, contains the above proposition.

5. On the 14th of October, 1783, a Committee, consisting of Messrs. Duane, Peters, Carroll, Hawkins, and A. Lee, presented a report upon the subject of Indian affairs and the western lands. During the discussion, Mr. Gerry offered the following proposition, which was "agreed to," although there is no entry showing that the entire report was adopted. Mr. Gerry moved to amend so that it would read as follows: "Your Committee therefore submit it for consideration, whether it will not be wise and necessary, as soon as circumstances shall permit, to erect a district of the western territory into a distinct government, as well for doing justice to the army of the United States, who are entitled to lands as a bounty, or in reward for their services, as for the accommodation of such as

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