"I do certify that all mankind, agreeable to every constitution formed in America, have an undoubted right to pass into every vacant country, and there to form their constitution, and that from the confederation of the whole United States, Congress is not empowered to forbid them, neither is Congress empowered from that confederation to make any sale of uninhabited lands to pay the public debts, which is to be by a tax levied and lifted [collected] by authority of the Legislature of each State."[40] On January 31, 1786, a treaty was concluded at the mouth of the Great Miami with the Shawanese. The United States received from that dangerous nation a title to the lower Ohio Valley. But the general government was by this time at its wits' end to keep the acquired territory from the restless inhabitants of its own impoverished colonies. Colonel Harmar wrote the Secretary of War now that he had, by force of arms, driven off all intruders for a distance of seventy miles below Pittsburg, but that the number beyond "was immense" and that nothing could prevent the lands being occupied in the old Virginia way "unless Congress enters into immediate measures." Congress took the cue and resolved that if troops stationed at Pittsburg could not enforce its commands, a new garrison must be established on the lower Ohio. Accordingly Colonel Harmar was ordered to take post on the north side of the Ohio between the Muskingum and the Miami Rivers, where he could successfully keep the front ranks of the immigration army from crossing the river, and where he could also protect the surveyors of the seven ranges from any insults of the Indians.[41] Under this order Fort Harmar was erected at the mouth of the Muskingum River (Marietta, Ohio) in 1785. Fort Harmar and Fort Finney, erected at the mouth of the Miami, nominally accomplished the purposes for which they were erected; the immigration movement across the Ohio was stopped until preparations had been made for it. They were the first legal homes of Americans north of the Ohio River after the Revolutionary War.