548 There appears to be on entry, other than that mentioned as attached to the cancelled bond, touching the receipt or approval of the bonds, upon the books of the War Office, or in those of the Engineer Department; nor is there any officer or clerk now in the Engineer Department who was attached to it at the time the contract with Mr. Mix was made. I request that the original bond may be returned to this office when no longer wanted for the use of the committee; And am, with great respect, Hon. JOHN FLOYD, Sir, your most obedient servant, JAMES BARBOUR. Chairman of Committee, &c. &c. Washington. Elijah Mix's Bond, 5th August, 1818. Know all men by these presents: That we, Elijah Mix, Samuel Cooper, and James Oakley, are held, and firmley bound, to the United States of America, in the sum of twenty thousand dollars, lawful money of the United States; for which payment, well and truly to be made, we bind ourselves, and each of us, ourselves and each of us, our and each of our heirs, executors, and administrators, for and in the whole, jointly and severally, firmly by these presents, scaled with our seals, and dated the fifth day of August, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third. The condition of the above obligation is such, that whereas the above bounden Elijah Mix has contracted with Joseph G. Swift, U. S. Chief Engineer, to deliver one hundred and fifty-thousand perch of stone at Old Point Comfort, Virginia: Now, if the said Elijah Mix does faithfully perform his part of said contract, then the above obligation to be void; otherwise to remain in full force and virtue. Signed and delivered in presence of ELIJAH MIX, [L. S. Transcribed from the Bond Book of the Engineer Department. [Cancelled, by order of the Secretary of War, by a new bond, of the same date. Recorded, page 15.] Know all men by these presents: That we, Elijah Mix, George Cooper, Samuel Cooper, and James Oakley, are held, and firmly bound, to the United States of America, in the sum of twenty thousand dollars, lawful money of the United States, to be paid to the United States; for which payment, well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors, and administrators for and in the whole, jointly and severally, firmly by these presents, sealed with our seals, dated the fifth day of August, in the 549 year of our Lord one thousand eight hundred and eighteen, and of the Independence of said States the forty-third. The condition of this obligation is such, That whereas the above bounden Elijah Mix and George Cooper has contracted with J. G. Swift, Chief Engineer, to deliver one hundred thousand perch of stone at Old Point Comfort, Virginia; Now, if the said Elijah Mix and George Cooper does faithfully perform their part of the contract, then the above obligation to be void; otherwise to remain in full force and virtue. ELIJAH MIX, [L. S. GEORGE COOPER, [L. S. SAM'L COOPER, JAMES OAKLEY. [L. S.] Sealed and delivered in presence of SIMON HILLYER. L. 8. The sureties having been, by me, duly sworn, I do hereby approve of them as sufficient. New York, 5th Aug. 1818 R. RIKER. A true transcript, from the Bond Book of the Engineer Department. ALEX. MACOMB, Major General Chief Engineer. No. 52. Chairman of the Select Committee to the Secretary of War. CAPITOL, January 15, 1827. SIR: I am directed by the Committee to whom was referred the communication of the Vice President, of the 29th of December last, to request you to furnish them with the original bond of Mix, which was cancelled; the original articles of agreement or contract; the Record Book in which these bonds were recorded; also, the time each bond, the cancelled bond and the substitute, were filed in the Comptroller's office. Secretary of War, to the Chairman of Committee. WAR DEPARTMENT, January 16th, 1827. SIR: I have received your communication of the 15th instant, stating that you are directed by the Committee to whom was referred 550 the communication of the Vice President, of the 29th of December last, to request me to furnish them with the original bond of Mix, which was cancelled; the original articles of agreement, or contract: also, the record book in which these bonds were recorded; the time each bond, the cancelled bond, and the substitute, were filed in the Comptroller's Office. The original bond of Mix, which was cancelled, is not to be found in the files of the War Office, or on those of the Engineer Department; nor is there any trace of it, other than the transcript of it in the Bond Book of the Engineer Department, of which an exact copy was sent in my letter to you of the 13th instant. I enclose the original articles of agreement of contract, dated on the 25th of July, 1818, signed J. G. Swift, Elijah Mix; and I send the record book (of the Engineer Department) in which these bonds, the cancelled bond, and the substitute, are recorded. The time at which these bonds were filed in the Comptroller's Office, cannot be ascertained, as there does not appear to be any entry on the subject in the War Office, the Engineer Department, or in the Comptroller's Office. It is requested that the contract may be returned to this office. Hon. JOHN FLOYD, Chairman, &c. &c. Washington. JAMES BARBOUR. Contract between Elijah Mix and J. G. Swift, for delivering Stone at Rip Raps. This agreement, made between Joseph G. Swift on the part of the War Department of the United States, on the one part, and Elijah Mix of New York, of the other part, witnesseth: that the said Elijah Mix agrees to deliver one hundred and fifty thousand perch of stone from the banks of York river in Virginia, agreeably to samples this day lodged in the Engineer Department, at Old Point Comfort and the Rip Rap Shoals, in Hampton Roads, Virginia, at the rate of not less than three thousand perch a month, commencing by the fifteenth day of September, 1818; and the aforesaid Joseph G. Swift agrees to pay, or cause to be paid, him, the said Elijah Mix, three dollars a perch, for every perch of stone delivered at the abovementioned places agreeably to this contract. In witness whereof, we have hereunto set our hands and seals, this twenty-fifth day of July, one thousand eight hundred and eighteen, at the city of Washington. J. G. SWIFT, [SEAL.] 551 No. 54. Elijah Mix's Bond, 5th August, 1818. [Cancelled by another bond of same date, this being incorrect in reciting a contract for 100,000, instead of 150,000 perches.] Know all men, by these presents, that we, Elijah Mix, George Cooper, Samuel Cooper, and James Oakley, are held, and firmly bound, to the United States of America, in the sum of twenty thousand dollars, lawful money of the United States, to be paid to the United States; for which payment, well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors, and administrators, for and in the whole, jointly and severally, firmly by these presents. Sealed with our seals, dated the fifth day of August, in the year of our Lord, one thousand eight hundred and eighteen, and of the independence of said States the forty-third. The condition of this obligation is such, that, whereas, the above bounden Elijah Mix and George Cooper, has contracted with J. G. Swift, Chief Engineer, to deliver one hundred thousand perch of stone at Old Point Comfort, Virginia. Now, if the said Elijah Mix, and George Cooper does faithfully perform their part of the contract, then the above obligation to be void, otherwise to remain in full force and virtue. ELIJAH MIX, Sealed and delivered in the presence of JOHN MARTIN, SIMON HILLYER. The sureties, having been by me duly sworn, I do hereby approve of them as good and sufficient. New York, 5th Aug. 1818. No. 55. R. RIKER. Letter from the Chairman to the Secretary of War. CAPITOL, Jan. 17, 1827. SIR: I am directed by the Committee, to whom was referred the communication of the Vice President of the 29th of December last, to request you to furnish them with the letter of Mix to the Secretary of the Department of War, consenting to Goldsborough's interest being recognised, dated the 13th of April, 1821. 552 Also, that you would inform them whether the original contract with Mix was recorded, when recorded, and by whom. I have the honor to be, Sir, JOHN FLOYD, The HON. JAMES BARBOUR, Chairman Select Committee. Secretary of the Department of War. No. 56. Letter from Gen. Macomb to the Committee, with Mix's letter recognising Goldsborough. ENGINEER DEPARTMENT, Washington, January 18th, 1827. SIR: Your letter of this morning to the Secretary of War, stating that you are directed by the Committee, to whom was referred the communication of the Vice President of the 29th of December last, to request the Secretary of War to furnish them with the letter of Mix to the Secretary of the Department of War, consenting to Goldsborough's interest being recognised, dated the 13th of April 1821; also, that the Secretary would inform them, whether the original contract with Mix was recorded, when recorded, and by whom, was received by the Secretary of War this morning, when about starting for Alexandria, and was immediately put into my hands, with direction to answer it. The letter of Mix, referred to, is not on the files of this office, but is probably with other papers, in the hands of Captain Smith, now before the Committee. I find, however, the following entry in the brief book of letters received at the Engineer Department, which in no doubt, an abstract of the contents of the letter in question, though there is no date affixed to the entry, by which it could otherwise be certainly identified. "Letter referred, No. 142: Capt. E. Mix to Secretary of War, is willing that Mr. H. Goldsborough, who had purchased of Mr. S. Cooper one-fourth of the Mix contract, be recognised by the Government as the proprietor of said one-fourth, and receive payment on delivery made thereon, provided Government will absolve him (Mix) from a proportionate degree of responsibility for the execution of his contract and the redemption of $10,000 advanced: the arrangement will be considered conclusive upon the notification to that effect by the Department of War." The original contract with Mix was recorded in the Engineer Office contract-book, by G. T. Rhodes, a clerk now in said office, but the time at which it was recorded does not appear from any entry in the book or otherwise, though as Mr. Rhodes was not attached to the |