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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 --TUESDAY, FEBRUARY 3, 1778
A letter, of 29 January, from Joseph Simon, at Lancaster, to Mr. [Elijah] Etting, at York town, was laid before Congress, and read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XX, folio 179.]
Ordered, That it be referred to the Board of War.
A letter, of the 24th January, from Colonel Mason, was read:
Ordered, That it be referred to the Board of Treasury.
A letter from Colonel Armand was read,2 wherein he desires, if Congress will not promote Next day he requested to keep his former commission, which was granted. him to the rank of Brigadier General, that he may be permitted to resign the commission he holds, which is for that purpose inclosed: Whereupon
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 164, folio 380. It is endorsed: "On his request, February 4, his commission restored."]
Resolved, That his resignation be accepted.
The Committee of Commerce brought in a report; Whereupon,
Resolved, That the Committee of Commerce shall, from time to time, as occasion may require, recommend to Congress proper persons in the respective states to act as attornies in each State for recovering all commercial debts due to the United States of America, and for claiming the continental share of all prizes libelled in the court of admiralty of the State where they may respectively reside; and upon such persons being approved, that the president execute letters of attorney to such persons
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respectively, to be transmitted to them by the Committee of Commerce.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Lieutenant Colonel du Plessis, for 400 dollars advanced him upon application of the Marquis de la Fayette, who is to be accountable.
That a warrant issue on the treasurer in favour of Lieutenant Colonel du Plessis, for 700 dollars, for the pay due to Lieutenant Colonel Gimat, as a major from 1 December, 1776, to January, 1778, inclusive, being 14 months; the said Gimat to be accountable:
That a warrant issue on the treasurer in favour of Robert Patton, for his pay as doorkeeper to Congress, and his extraordinary services and expences from the 12 September, 1777, to the 21 of January last; 260 dollars:
That a warrant issue on the treasurer in favour of the Board of War, for 200,000 dollars, for the purpose of forming a magazine of 30,000 barrels of flour for the use of the grand army, agreeable to the orders of Congress; the said Board to be accountable.
Resolved, That two commissioners of accounts be forthwith appointed for the northern district, in the room of Mr. Carter and Mr. Millegan, the first of whom has resigned, and the latter is appointed a commissioner of claims: That one other be appointed to act with the commissioners of accounts at Hartford, in the room of William Denning, Esq. who has declined that business.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 57. The report added an oath to be taken by the commissioners.]
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Three o'Clock, p. m
The Committee of Commerce having recommended Abraham Livingston, Nathaniel Russel and Josiah Smith, Jun. as suitable persons to be appointed attornies for recovering all commercial debts due to the United States of America, and for claiming the continental share of all prizes libelled in the admiralty court in the State of South Carolina, the said Nathaniel Russel and Josiah Smith, or either of them, to act in case of the absence or death of the said Abraham Livingston: Whereupon,
Resolved, That the persons above mentioned be approved, and that the President be directed to execute a letter of attorney to them accordingly.
Congress proceeded to the election of commissioners of accounts, and, the ballots being taken,
Joseph Henderson and Eleazer Wales, Esqrs. were elected commissioners for the northern district, in the room of Mr. Carter and Mr. Millegan; and Moses Emmerson, Esqr. was elected commissioner of accounts at Hartford, in the room of Mr. William Denning.
Congress took into consideration the report of the committee appointed to devise effectual means to prevent persons disaffected to the interest of the United States from being employed in any of the important offices thereof;1 Whereupon,
[Note 1: 1 See under January 21, 1778, ante.]
Resolved, That every officer who holds or shall hereafter hold a commission or office from Congress, shall take and subscribe the following oath or affirmation:
I,do acknowledge the United States of America to be free, independent and sovereign states, and declare that the people thereof owe no allegiance or obedience, to George the third, king of Great Britain; and I renounce, refuse and abjure any allegiance or obedience
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to him: and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States, against the said king George the third and his heirs and successors, and his and their abettors, assistants and adherents, and will serve the said United States in the office ofwhich I now hold, with fidelity, according to the best of my skill and understanding. So help me God.
On this question, the yeas and nays being required,
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So it was resolved in the affirmative.
Congress proceeded in the report; Whereupon,
Resolved, That all officers of the army shall take and subscribe the foregoing oath or affirmation before the commander in chief, or any major general or brigadier general:
That all officers of the navy shall take and subscribe the same before one of the commissioners of the navy boards, or before a judge or justice of the peace of the State wherein they respectively reside, or shall receive their commissions or warrants:
That all persons, holding any civil office of trust, or profit, under the Congress of these United States, shall
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take and subscribe the said oath, or affirmation, before a judge, or justice of the peace of the State wherein they respectively reside:
That every officer, having the disposal of public money, or who is, or shall be entrusted with the charge or distribution of public stores, shall, at the time of taking and subscribing the foregoing oath, or affirmation, also take an oath, or affirmation of office, in the following words:
I,do swear (or affirm) that I will faithfully, truly and impartially execute the office ofto which I am appointed, and render a true account, when thereunto required, of all public monies by me received or expended, and of all stores or other effects to me entrusted, which belong to the United States; and will, in all respects, discharge the trust reposed in me with justice and integrity, to the best of my skill and understanding:
That every officer taking the foregoing oaths, or affirmations, or either of them, shall obtain from the person administering the same duplicate certificates specifying the time of his taking it, or them, and also his name and rank, or employment:
That every military officer shall deliver or transmit one of the certificates so obtained to the commander in chief, or the commander of a department, or to such person as by general orders shall be appointed to receive the same; and the said commanding officers shall cause the certificates, so received, to be sent to the secretary of Congress, and shall keep an exact list of the names of all officers whose certificates shall be received and forwarded, together with their several ranks and the times of their being qualified:
That every officer in the navy shall deliver or send one of the certificates by him obtained to the navy board most convenient, who are required to transmit the same, and also a certificate of their own qualifications, to the Marine Committee, as soon as conveniently may be:
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That every other person employed in any civil department or office, as above mentioned, shall send or deliver one of the certificates by him obtained to the secretary of the State to which he belongs, or to such other person or persons as the governor or president of such State shall direct; and the governors or presidents of the several states are hereby requested to attend to this matter, and to cause the certificates, when received, to be transmitted to the secretary of Congress:
That each deponent or affirmant shall retain and keep the other certificate by him obtained, as a voucher of his having complied with what is hereby enjoined him.
Resolved, That every officer, civil or military, now in office, shall take and subscribe the qualification above directed, within twenty days after notice hereof; and every person hereafter appointed to any office by or under the authority of the Congress of the United States of America, shall take and subscribe the same previous to his acting in such office; and every officer who shall continue or presume to exercise any commission, civil or military, under the authority of the Congress of the United States of America, without taking the qualification in time and manner above directed, shall be cashiered, and forfeit two months' pay to the use of the United States of America, and be rendered incapable of serving in the army of the said states, and of executing thereafter any office under Congress.
And whereas many persons employed as deputy or assistant commissaries or quarter masters, or in other civil departments, are dispersed in various parts of the Continent, over whom neither Congress nor the head of their respective departments can have the immediate inspection:
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Resolved, That it be recommended to the legislative and executive authority of every State, to take effectual measures for preventing any person within their State from exercising any office in the civil department of the army, or in any other civil department, under Congress, who shall not, when thereunto required by any magistrate, produce a legal appointment to such office, and a certificate of his having taken the foregoing oaths or affirmations, or who shall neglect or refuse to take and subscribe the said oaths or affirmations within the time above limited.
Resolved, That the resolutions passed the 21 day of October, 1776, prescribing the form of an oath or affirmation, and directing the same to be subscribed by officers holding commissions or offices from Congress, be, and they are hereby repealed.
Adjourned to 10 o'Clock to Morrow.
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