And on the question for postponing, the yeas and nays being required by Mr. Howell,

A motion was then made by Mr. Clymer, seconded by Mr. Ramsay, to strike out the words, "or in such other manner as will most effectually secure the punctual collection and payment of the same."

And the question, shall these words stand? passed in the negative.

A motion was then made by Mr. Arnold, seconded by Mr. Howell, to amend the motion farther by striking out the words, "and to pass acts directing the collectors, &c. to respective states," inclusive.

And on the question, shall the words moved to be struck out stand? the yeas and nays being required by Mr. Howell,

ay | Maryland,

Mr. Hanson,

Massachusetts, Mr. Osgood,

ay

ay

Jackson,

ay

Rhode-Island, Mr. Arnold,

no

Virginia,

no

Howell,

no

ay

Connecticut,

Mr. Huntington,

no

N-Carolina,

42 > =Y

ay

по

Blount,

ay ay

New-York,

Mr. Duane,

New-Jersey, Mr. Boudinot,

Condict,

L'Hommedieu, ay sav

ay

no

ay

ay

Pennsylvania, Mr. Smith,

Clymer,

div.

ay Bay

being required by Mr. Howell,

So it was resolved in the affirmative.

And on the question to agree to the motion as amended, the yeas

So it was resolved, That it be impressed on the several states as absolutely necessary to lay taxes for raising their quotas of money for the United States, separate from those laid for their own particular use, and to pass acts directing the collectors to pay the same to such persons as have or shall be appointed by the superintendent of finance to receive the same within the state, and to authorize such receiver to recover the monies of the collectors for the use of the United States, in the same manner, and under the same penalties as state taxes are recovered by the treasurers of the respective states; to be subject only to the orders of Congress or the superintendent of finance.

The ordinance for regulating the post-office was read a third time, and ed as follows:

An Ordinance for regulating the Post-Office of the United States of America. Whereas the communication of intelligence with regularity and despatch, from one part to another of these United States, is essentially requisite to the safety as well as the commercial interest thereof; and the United States in Congress assembled, being, by the articles of confederation, vested with the sole and exclusive right and power of establishing and regulating post-offices throughout all these United States: and whereas it is become necessary to revise the several regulations heretofore made relating to the post-office, and reduce them to one act: Be it therefore ordained by the United States in Congress assembled, and it is hereby or. dained by the authority of the same, that a continued communication of posts throughout these United States, shall be established and maintained by and under the direction of the post-master general of these United States, to extend to and from the state of New-Hampshire and the state of Georgia inclusive, and to and from such other parts of these United States, as from time to time, he shall judge necessary, or Congress shall direct.

And be it further ordained by the authority aforesaid, that the post-master general for the time being, shall, from time to time, superintend and direct the post-office in all its various departments and services throughout the extent aforesaid, agreeably to the rules and regula tions contained in this ordinance; and shall have full power and authority to appoint a clerk or assistant to himself, and such and so many deputy post-masters as he shall think proper, for whose fidelity he shall be accountable; each of whom shall reside at such place as the post-master general shall judge best suited to maintain a due and regular transportation and exchange of mails. And the said post-master general shall be, and hereby is authorized to allow, from time to time, to his said deputies respectively, such commissions on the monies to arise from postage in their respective departments, as he shall think their respective services may merit, so as that the said commissions shall not in the whole exceed twenty per cent. And shall, by himself or his said deputies respectively thereunto regularly authorized by him, from time to time, appoint the necessary post-riders, messengers and expresses, with such salaries and allowances as he or his said deputies respectively shall think meet.

And be it further ordained by the authority aforesaid, that the post-master general, his clerk or assistant, his deputies, and post and express-riders, and messengers, or either of them, shall not knowingly or willingly open, detain, delay, secrete, embezzle or destroy, or cause, procure, permit or suffer to be opened, detained, delayed, secreted, embezzled or destroyed any letter or letters, packet or packets, or other despatch or despatches, which shall come into his power, hands or custody by reason of his employment in or relating to the postoffice, except by the consent of the person or persons by or to whom the same shall be delivered or directed, or by an express warrant under the hand of the president of the Congress of these United States, or in time of war, of the commander in chief of the armies of these United States, or of the commanding officer of a separate army in these United States, or of the chief executive officer of one of the said states, for that purpose, or except in such other cases wherein he shall be authorized so to do by this ordinance: (provided always, that no letter, franked by any person authorized by this ordinance to frank the same, shall be opened by order of any military officer, or chief executive officer of either of the states.) And that the post-master general, his assistant, deputies, post and express-riders, and messengers, and each and every of them, shall, without delay, take and subscribe the following oath, to wit: "I, A. B. do solemnly and sincerely swear, declare or affirm, (as the case may require) that I will well and faithfully do, execute, perform and fulfil every duty required of me, and abstain from every act or thing forbidden by a certain ordinance passed by the United States of America in Congress assembled, on the 18th day of October, 1782, entitled "An ordinance for regulating the post-office of the United States of America."

And be it further ordained by the authority aforesaid, that if the post-master general shall be guilty of a breach of the said oath or affirmation or any part thereof, and be thereof convict, he shall forfeit and pay 1000 dollars, to be sued for and recovered in an action of debt, in the state where the offence shall be committed, by the treasurer of the United States for the time being: and if any post-master, post-rider, or other person employed in the post-office department, shall be guilty of a breach of the said oath or affirmation or any part thereof, and be thereof convict, each one so offending shall forfeit and pay 300 dollars, to be sued for and recovered in an action of debt, in the state where the offence shall be committed, by the postmaster general for the time being: all which forfeitures, when recovered and received, shall be accounted for by the persons recovering the same, and applied towards defraying the necessary expenses of the post-office: and every person employed in the post-office department, who shall be guilty of a breach of the said oath or affirmation shall, besides paying the above-mentioned forfeitures, be rendered incapable ever hereafter of holding any office or place of trust or profit under these United States: provided always, that the foregoing oath shall not be required of any special express or messenger, to be appointed at the request of any particular person or persons, in the manner herein after directed, unless the same shall be thought nccessary by the post-master general or his deputy who shall have appointed him;

which oath shall, without delay, be made by the post-master general before the president of the Congress of these United States; and by each of the said clerk or assistant, deputies and post-riders (except as is above provided with respect to special expresses and messengers) before the post-master general, or before any civil magistrate nominated by him for that purpose; all which persons are hereby respectively authorized to administer the said oath; and shall respectively make and sign certificates thereof: the certificate to be signed by the president, to be lodged in the office of the secretary of the Congress of these United States, and the other certificates respectively to be returned into the office of the post-master general; there to be kept as evidence of the several qualifications therein respectively certified.

And be it further ordained by the authority aforesaid, that the post-master general of these United States for the time being, and his deputy and deputies, thereunto by him sufficiently authorized, and his and their agents, post-riders, expresses and messengers respectively, and no other person whatsoever, shall have the receiving, taking up, ordering, despatching, sending post or with speed, carrying and delivering of any letters, packets or other despatches from any place within these United States for hire, reward, or other profit or advantage for receiving, carrying or delivering such letters or packets respectively; and any other person or persons presuming so to do, shall forfeit and pay for every such offence, 20 dollars, to be sued for and recovered in an action of debt with costs of suit, by the post-master general or his deputy, in the state in which the offence shall be committed; and such sums as shall be thus recovered and received, shall be accounted for by the post-master general, and applied towards defraying the necessary expenses of the post-office. Provided nevertheless, that nothing herein contained shall be construed to extend to any messenger purposely sent on any private affair, and carrying letters or packets relating to such affair only; or to persons sent officially on public service. And provided also, that nothing herein contained shall in any manner affect any private cross post-rider that may be employed by any of the citizens of these United States with the consent of the post-master general or his deputy, until a public rider

can be established on such cross road.

And be it further ordained by the authority aforesaid, that if any person, not being a post or express rider, in the service of the general post-office, shall carry any letters, packets, or other despatches, from one place to another, within these United States, on any of the postroads, to any place withiu these United States, for hire or reward, except in cases as is herein before excepted, or shall not, when bringing letters from beyond sea, for hire or reward, deliver the same at the post-office, if any there be at the place of his or her arrival, he or she shall, in each of the before mentioned cases, forfeit and pay for every such offence 20 dollars, to be recovered by the post-master general or any of his deputies, in an action of debt, in the state wherein the offence shall have been committed, with costs of suit, and applied towards the expenses of the post-office, and be accounted for accordingly; and if such offence shall have been committed by any person holding a civil or military commission under these United States, he shall, on conviction thereof, forfeit his commission. And for every letter, packet or other despatch from beyond sea, which any person shall so deliver at the post-office, he shall receive of the post-master, at the post-office, for the delivery of the same, 1-90th of a dollar.

And be it further ordained by the authority aforesaid, that the post-master general shall cause the mail to be carried with all care and despatch, at least once in every week, to and from each of the stated post-offices, and his deputies shall keep aud transmit to him regular, particular, just and quarterly accounts of the incomes and expenditures of their respective offices; and from those and such other materials as shall be necessary for the purpose, the postmaster general shall form and keep regular and just accounts of the incomes and expenditures of the general post-office, which he shall annually deliver to the comptroller of accounts of these United States, attended with the quarterly accounts of each office, and vouchers for his examination and passing.

And be it further ordained by the authority aforesaid, that the post-master general's deputics respectively, shall regularly publish, at the expiration of each quarter, (if it can conveniently be done) in one of the most convenient public newspapers, for three successive weeks, a list of all letters at that time remaining in their offices; and at the expiration of the subsequent quarter, shall send such of the letters so published as then remain, as dead letters to the general post-office, where they shall be opened and inspected by the post-master general, who shall carefully preserve them, with the papers therein respectively contained, and shall insert in a book, to be kept for that purpose, the date of such letter, and the name and place of direction on the same, together with a particular account of the enclosures contained therein; and at the expiration of each quarter the post-master general shall cause to be published, in one of the newspapers of the state in which the owners of such valuable papers are supposed to reside, (if a newspaper is printed in such state) else in the most convenient pa per, an advertisement, informing that such papers are in his possession, and shall deliver such letter and enclosures to the person or persons to whom the same shall be directed, or his, her, or their order at the post-office, he, she, or they first paying the postage for the same, at the rates, from time to time, established by these United States in Congress assembled, and the

necessary expense of such publications as aforesaid; and in case of neglect to take up such letters, the expense shall be charged to the United States.

And be it further ordained by the authority aforesaid, that the post-master general, and his deputies respectively shall, and they are hereby authorized, whenever the danger of robberies of the mail shall, in their respective judgments, render the same necessary, to hire occa sional expresses for carrying the public despatches, and such private letters as, from time to time, shall be in the post-offices; who shall not be confined to fixed days, nor to travel the usual post roads, but shall, in those respects, be subject to the order and direction of the postmaster general and his deputies respectively. And to the end that the expense of several expresses destined to the same place, at the same time, may be avoided, be it further ordained by the authority aforesaid, that all extraordinary expresses in the public service shall, if a post-office be established at the place from which they shall severally take their departure, be hired by the post-master general or his deputy, and set out from and return to such post-office, with the letters, packets and despatches to be carried by them respectively.

And be it further ordained by the authority aforesaid, that the postage of all letters, packets and despatches, to and from the different post offices within these United States, shall be at the following rates, in pennyweights and grains of silver, estimating each pennyweight as at present, at 5-90ths of a dollar, to wit:

For any distance not exceeding 60 miles, one pennyweight eight grains; upwards of 60, and not exceeding 100, two pennyweight; upwards of 100, and not exceeding 200, two pennyweight sixteen grains, and so on, 16 grains advance for every hundred miles; and for all single letters to or from Europe, by packet or despatch vessels, four pennyweight: the above rates to be doubled for double letters, trebled for treble letters, and a packet weighing an ounce, to be charged equal to four single letters, and in that proportion if of a greater weight: and to the foregoing rates shall be added a sum not exceeding 4-90ths of a dollar upon every letter, packet or despatch which shall come into the post office from beyond sea, by any other conveyance than packets or despatch vessels; and every letter, packet and despatch, except dead letters, may and shall be retained in the office where the same shall have arrived, which shall be nearest to the place of direction, until the postage thereon shall be paid.

And be it ordained by the authority aforesaid, that it shall and may be lawful for the postmaster general, or any of his deputies, to license every post-rider to carry any newspaper to and from any place or places within these United States, at such moderate rates as the postmaster general shall establish, he rendering the post-riders accountable to the post-master general, or the respective deputy post-masters by whom they shall severally be employed, for such proportion of the moneys arising therefrom as the post-master general shall think proper, to be by him credited to these United States in his general account.

And be it further ordained by the authority aforesaid, that in case the income of the postoffice shall, in any year, exceed the expenses thereof, the post-master general shall pay to the treasurer of the United States the surplus, until the sums of money heretofore advanced, or which shall be hereafter advanced, by the United States for the support of the general postoffice, with interest thereon at six per cent. per annum, shall be repaid, after which such surplus shall be appropriated and applied to the establishment of new post-offices and the support of packets, to render the post-office department as extensively useful as may be; and if the necessary expenses of that establishment shall exceed the profits arising from the postoffice, such excess, when properly ascertained, shall be paid on warrants of the superintendent of finance, by the treasurer of the United States, to the post-master general, in quarterly payments, to enable him effectually to support the post-office.

And be it further ordained by the authority aforesaid, that the salary of the post-master general shall be 1500 dollars per annum, and that of his clerk or assistant 1000 dollars per

annum.

And be it further ordained by the authority aforesaid, that letters, packets, and despatches to and from the members and secretary of Congress, while actually attending Congress, to and from the commander in chief of the armies of these United States, or commander of a separate army, to and from the heads of the departments of finance, of war, and of foreign affairs, of these United States, on public service, shall pass and be carried free of postage.

And be it further ordained, that single letters, directed to any officers of the line, in actual service, shall be free of postage.

And be it further ordained by the authority aforesaid, that all former and other acts, ordinances and resolutions of these United States in Congress assembled, heretofore made relating to the post-office, be, and the same, and each and every of them is and are hereby repealed and made void. Done, &c. &c.

TUESDAY, October 22, 1782.

On the report of a committee, consisting of Mr. Ramsay Mr. Osgood, and Mr. Gilman, to whom was referred a letter of the 9th, from the superintendent of finance, touching a proposal of his excellency the governor of Virginia, that

sundry articles of clothing now in France, belonging to that state, should be taken for the use of the United States:

Resolved, That the superintendent of finance take order on the subject of his letter of the 9th of October, 1782.

On a report from the secretary at war, to whom was referred a memorial of major D. S. Franks:

Resolved, That major David S. Franks hold the rank and receive the pay of a major in the line of the army of the United States, until the new arrangement shall take place the 1st day of January next; and that he then be considered as retiring from service under the same emoluments as those who retired under the resolution of the 31st day of December last.

The committee, consisting of Mr. Duane and Mr. Williamson, to whom was referred a letter of the 18th of September, from Oliver Pollock, report,

That having examined sundry letters and papers, which they submit to the consideration of Congress, they are of opinion that Mr. Pollock's accounts with the United States, and those with the state of Virginia, are in some cases complicated in such manner that the settlement of the former must necessarily be deferred till that of the latter is perfected; wherefore, as well as from the want of some necessary information from governor Galvez, Mr. Pollock's accounts with the United States must for the present be left open; that Mr. Pollock appears to have exerted himself with much zeal and industry as commercial agent of the United States at New-Orleans; that he also appears to have advanced large sums out of his private fortune, and to have contracted large debts with the subjects of his Catholic majesty, partly for the service of the United States, and partly for the service of the state of Virginia; that public faith, justice and humanity require that the sundry accounts should be liquidated and the balances paid, or at least security given for payment of the same, whenever the state of our public funds shall render it practicable; that therefore it be recommended to the state of Virginia to cause the accounts of Mr. Pollock with that state to be adjusted with as much despatch as may be practicable, in order that Mr. Pollock's accounts with the United States may also be adjusted; Whereupon,

Resolved, That Congress agree to the said report.

A memorial of lieutenant-colonel Silas Talbot being read, setting forth that he is embarrassed in the settlement of his accounts by his promotion as a cap-.. tain of the navy of the United States, for which service he however never received any commission; Whereupon,

Resolved, That it be an instruction to the superintendent of finance, to cause the account of the said Silas Talbot to be adjusted and settled as a lieutenant-colonel in the army of the United States, notwithstanding the resolution of Congress of the 17th of September, 1779, appointing him a captain in the navy.

WEDNESDAY, October 23, 1782.

On the report of a committee, consisting of Mr. Osgood, Mr. Izard, Mr. Bland, and Mr. Duane, appointed to consider and report the most just and practicable means of reducing the expenditures of the United States:

Resolved, That the establishment of the quarter-master's department, by the resolutions of Congress of the 15th July, 1780, be, from and after the first day of January next, repealed, and the following regulations then adopted in its stead:

Resolved, That there be one quarter-master general, the present quartermaster general to be continued in office; and hereafter, as vacancies arise, to be appointed by Congress:

That the quarter-master general, with the approbation of the commander in chief, appoint the following officers for the armies of the United States, viz. For the main army. One deputy quarter-master; one wagon-master; one