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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, MARCH 14, 1786.
Congress assembled. Present, as before.
A letter of the 13 from the board of treasury, was read;
Board Of Treasury,
March 13th., 1786.
Sir: We esteem it our duty to inform Congress, that the Commissioner of the Loan Office of the State of New York has declined taking the Oath, of which we do ourselves the honor of transmitting a Copy as per No. 1. The Form of this Oath was delivered to us by the Secretary of Congress, when we entered on the Duties of our Appointment: We of course considered it as the Oath of Office; and not only complied with it ourselves, but transmitted it as such to the Commissioners of the Loan Offices in the respective States, by whom (except in the present instance) no objection to a compliance has been made.
On a mature consideration of the nature of the Trust reposed in the Loan Officers by the Ordinance of Congress of the 27th September last, and the Duties required of them by the late Requisition of Congress; we think an Oath to keep Secret such Papers in the respective Loan Offices, as in the opinion of this Board are improper to be communicated, is essentially necessary. Without it, the views of Congress with respect to the Certifying of Interest to Foreigners, as well as to the Citizens, and the indiscriminate Payment of Indents of Interest in all Continental Taxes throughout the Union, may be altogether defeated. The force of this Observation will be best felt, by a perusal of the General Instructions agreed on by this Board, for the Government of the several Commissioners of the Loan Office, Copy of which we do ourselves the honor of Enclosing, No. 2. Should the Form of the Oath delivered by us to the Secretary of Congress, be deemed as Official in this Department, we beg leave to suggest the propriety of expressing the Sense of Congress on this Subject, in such a manner as may preclude any further discussions on this Account, betwixt this Board and the subordinate Officers.
A Copy of the Oath which the Commissioner of the Loan Office of the State of New York has taken, is herewith enclosed as per No. 3. It materially differs from the usual Form, not only by an Omission of the Oath of Secrecy, where the same is enjoined, but in rendering the Judgment of the Officer, instead of the Resolves of Congress, and the Instructions of this Board, the Rule of his Conduct;--We cannot
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therefore, think ourselves Warranted in admitting a deviation from the Form, which the other officers have complied with, without the express Directions of the United States in Congress.
We have the honor etc.1
[Note 1: 1 This letter, signed by Samuel Osgood, Walter Livingston and Arthur Lee is in the Papers of the Continental Congress, No. 140, II, folio 149. According to indorsement it was read this day. A copy of the oath, No. 1, is on folio 157; the Instructions, No. 2, on 153, and the oath taken by Abraham Yates, Jr., No. 3, on 161.]
Whereupon, on motion of Mr. [Rufus] King, seconded by Mr. [John] Kean,
Resolved, That in all cases where an Oath of office is required of any person holding an Office under the United States in Congress assembled, such oath be in the form of the Oath of Office established in the Ordinance for ascertaining the powers and duties of the Secretary at War, passed the 27th day of January, 1785, mutatis mutandis.
Office For Foreign Affairs,
14th. March, 1786.
The Secretary of the United States for the Department of foreign Affairs in Obedience to the Orders of Congress reports the following Form for ratifying on their part, the Treaty of Amity and Commerce lately concluded by their Plenipotentiaries with the King of Prussia, vizt.
The United States of America in Congress Assembled to all to whom these Presents shall come, Greeting:
Whereas "a Treaty of Amity and Commerce between his Majesty the King of Prussia and the United States of America" was concluded and signed by the Plenipotentiaries of the United States and by the Plenipotentiary of his said Majesty duly and respectively authorized for that purpose, at the Places of their respective Residence, and at the Dates expressed under their several Signatures, which said Treaty written both in the American and French Languages is in the Words following vizt.--
(to be Copied in two Columns exactly like the Original)
Now Know Ye that we the said United States in Congress Assembled having considered and approved do hereby ratify and
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confirm the said Treaty and every Article and Clause therein contained.
In Testimony whereof we have caused our Seal to be hereunto affixed. Witness the Honorable Nathaniel Gorham, Esquire our Chairman in the Absence of his Excellency John Hancock, Esquire, our President, this seventeenth Day of May in the Year of our Lord one thousand seven hundred and eighty-six, and of our Independence and Sovereignty the tenth.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 61. According to indorsement it was read March 16 and passed May 17, 1786.
On this day, according to indorsement, was read a petition of Constant Freeman, Jr., praying payment of a bill from "certain American officers who were prisoners in Quebec." It was referred to the Board of Treasury to report and report rendered October 30. Freeman's petition is in No. 42, III, folio 143.]
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