[ York, Pa.] Tuesday, February 3, 1778
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 respectively, to be transmitted to them by the Committee of Commerce. . . .
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 commerical 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 Tosiah 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 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,
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 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 of——which 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,
New Hampshire, |
|
|
|
Delaware, |
|
|
|
Mr. Frost |
ay |
} |
ay |
Mr. M'Kean |
ay |
} |
ay |
Massachusetts Bay, |
|
|
|
Maryland, |
|
|
|
Mr. Gerry, |
ay |
|
* |
Mr. Forbes, |
no |
|
no |
Lovell, |
ay |
Henry, |
no |
Rhode Island, |
|
|
|
Virginia, |
|
|
|
Mr. Ellery, |
ay |
} |
ay |
Mr. F. L. Lee, |
|
|
|
Connecticut, |
|
|
|
North Carolina, |
|
|
|
Mr. Dyer, |
ay |
} |
ay |
Mr. Penn, |
ay |
} |
ay |
New Jersey, |
|
|
|
South Carolina, |
|
|
|
Mr. Witherspoon, |
ay |
|
ay |
Mr. Laurens, |
ay |
} |
ay |
Clark, |
ay |
Georgia, |
|
|
|
Pensylvania, |
|
|
|
Mr. Langworthy, |
ay |
|
ay |
Mr. Roberdeau, |
ay |
|
|
Wood, |
ay |
Clingan, |
ay |
ay |
|
|
|
|
J. B. Smith, |
ay |
|
|
|
|
|
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 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 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 thk same, and also a certificate of their own qualifications, to the Marine Committee, as soon as conveniently may be. . . .
That each deponent or &rmant 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 qualifications 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.
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.2