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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 --THURSDAY, JANUARY 27, 1785.
Congress assembled. Present as yesterday.
The ordinance for ascertaining the powers and duties of the Secretary at War, was taken up and being read a third time, was passed as follows:
An Ordinance for ascertaining the powers and duties of the Secretary at War.
Be it ordained by the United States in Congress Assembled, that the powers and duty of the Secretary at War shall be as follows, to wit: To examine into the present state of the war department, the returns
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and present state of the troops, ordnance, arms, ammunition, cloathing and supplies of the Troops of these states, and report the same to Congress: To keep exact and regular returns of all the forces of these states, and of all the military stores, equipments and supplies in the Magazines of the United States, or in other places for their use; and to receive into his care, from the officers in whose possession they may be, all such as are not in actual service; to form estimates of all such stores, equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, and to report the same to the Commissioners of the treasury of the United States, that measures may be taken in due time, for procuring the same; to prepare estimates for paying and recruiting the troops of these United States; to carry into effect all ordinances and resolves of Congress for raising and equipping troops for the service of the United States, and for inspecting the said troops; and to direct the arrangement, destination and operation of such troops as are or may be in service, subject to the Orders of Congress or of the Committee of the States in the recess of Congress; to make out, seal and countersign the commissions of all such military officers as shall be employed in the service of the United States; to take order for the transportation, safe keeping and distributing the necessary supplies for such troops and garrisons as may be kept up by the United States. He shall appoint and remove at pleasure all persons employed under him, and shall be responsible for their conduct in office; all which appointments shall be immediately certified to Congress, and such certificate, or the substance thereof, registered in a book to be kept for that purpose in the office of the Secretary of Congress. He shall keep a public and convenient Office in the place where Congress shall reside. He shall, at least once a year, visit all the magazines and deposits of public stores, and report the state of them with proper arrangements to Congress; and shall twice a year, or oftner if thereto required, settle the accounts of his department. That as well the Secretary at war, as his assistants or clerks, before they shall enter on the duties of their Office, shall respectively take and subscribe an Oath or affirmation of fidelity to the United States, and for the faithful execution of the trust reposed in them; and which oaths or affirmations shall be administered by the Secretary of Congress, and a certificate thereof filed in his Office. The Oath of fidelity shall be in the words following: "I A. B. appointed to the office ofdo acknowledge that I do owe faith and true allegiance to
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the United States of America, and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States in their freedom, sovereignty and independence, against all opposition whatsoever." And the Oath of Office shall be in the words following: "I, A. B. appointed to the office ofdo swear (or affirm) that I will faithfully, truly, and impartially execute the office ofto which I am so appointed, according to the best of my skill and judgment; and that I will not disclose or reveal any thing, that shall come to my knowledge in the execution of the said office, or from the confidence I may thereby acquire, which, in my own judgment, or by the injunction of my superiors, ought to be kept secret." That the form of the oath of fidelity heretofore prescribed by Congress, and all former resolutions of Congress, relative to the department of war, be, and they are hereby repealed. Done by the United States in Congress assembled, &c.
On motion, Resolved, That whenever a question shall be depending between a larger and a smaller sum, a longer or a shorter time, the question shall first be put upon the largest sum and the longest time.1
[Note 1: 1 This motion, in the handwriting of Pierse Long, with the caption: "Rule established on the 27th of Jany 1785" is in the Papers of the Continental Congress, No. 188. It bears the following memorandum, on its verso, in the handwriting of Charles Thomson: "The injunction of secresy removed from so much of the joint letter of 11 Novr. from Messr. Adams, Franklin, and Jefferson as relates to the negotiation of partr. bona fide debts so that the delegates may send extracts to the legislatures of their respective States. Jany. 27, 1785."]
On motion of Mr. [David] Howell, seconded by Mr. [Hugh] Williamson,
Resolved, That Mr. Joseph Carleton, be continued with his present appointment, Secretary in the War Office, till Congress shall have elected a Secretary at War, who shall be ready to take charge of that Office.2
[Note 2: 2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, IV, folio 481. It is indorsed by Thomson as motion of "McHenry Mr Howell."]
That the President issue a warrant on the Treasury in favour of Mr. Jos. Carleton, Secretary in the War Office for the sum of one hundred
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eighty dollars to defray the expence of removing the books and papers of said office to this City for which sum he is to be accountable.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folios 497 and 513. The second paragraph is indorsed "passed."
On this day, as the indorsement states, was read a petition of John Fitch praying for appointment as district surveyor in one of the new western states. The indorsement states it was reported on by the committee of the week to be referred to the register of the first new state. It is in No. 42, III, folio 119.]
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