Resolved, That the committee of commerce shall, from time to time, as occasion may require, recommend to Congress proper persons in the respec tive 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.

The committee on the treasury brought in a report; Whereupon, Ordered, That 400 dollars be advanced to lieut. col. du Plessis, on the application of the marquis de la Fayette, who is to be accountable.

That 700 dollars be paid to lieutenant-colonel du Plessis, for pay due to lieutenant-colonel Gimat, as a major from the first of December, 1776, to January, 1778, inclusive, being 14 months; the said lieutenant-colonel Gimat to be accountable:

That 260 dollars be paid to Robert Patton, for his wages as messenger to Congress, and for his extraordinary services and expenses from the 12th of September, 1777, to the 21st of January last:

That 200,000 dollars be advanced to the board of war, for the purpose of forming a magazine of 30,000 barrels of flour for the use of the army, agreeably 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.

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:

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, esq. 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; 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 delare 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

which I

and his heirs and successors, and his and their abettors, assistants and adherents, and will serve the said United States in the office of now hold, with fidelity, according to the best of my skill and understanding. So help me God."

On the question, the yeas and nays being required,

So it was resolved in the affirmative.

Congress proceeded in the report; Whereupon,

Resolved, That all officers in 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 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, viz.

"I, do swear (or affirm) that I will faithfully, truly and impartially execute the office of to 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:

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 n tice 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:

Resolved, That it be recommended to the legislative and executive authority of every state, to take effectual measures for preventing any person within their states 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 21st 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 ten o'clock to-morrow.

WEDNESDAY, February 4, 1778.

A report from the board of war being laid before Congress, the same was taken into consideration; Whereupon,

Resolved, That the first paragraph relative to empowering the board of war and ordnance to contract for the casting of brass cannon, &c. be referred to a committee of four: the members chosen, Mr. Gerry, Mr. Dyer, Mr. Lovell, and Mr. Ellery.

It was then moved, "that Messrs. Goy, Pierre, Boichard, Parrison, and Niverd, together with ten artillery serjeants, and ten serjeants of artificers, being of the corps that came over with Mons. du Coudray, be retained in the service of the United States:" Question put,

Resolved, That Mons. Goy, Mons. Pierre, Mons. Boichard, Mons. Parrison, and Mons. Niverd, be appointed captains of artillery, and receive the common appointments of that command while in America:

That the serjeants be appointed second lieutenants of artillery, with the common appointment of that command while in America.

Resolved, That captain Isaac Corren receive monthly 25 dollars additional pay, besides his present appointments, in consideration of his teaching the laboratory art to such officers of artillery as shall be sent to him for that purpose.

Ordered, That 2000 dollars be advanced to captain Isaac Corren, to pay his company of laboratory artillery-men, and to recruit the said company to 100 men, agreeably to the directions of general Washington; he to account for the expenditure to colonel Benjamin Flower, who is to be charged with the same.

Resolved, That Mr. Penn be added to the committee on the state of Georgia. A letter, of the 28th of January, from Mr. M. Clarkson, was read, signifying his acceptance of the office of auditor, to which Congress had been pleased to appoint him.

A letter, of the 20th of Jan. from gen. Sullivan; a letter, of the 12th of Jan. from A. Cary, speaker of the senate, and George Wythe, speaker of the house of delegates, of Virginia, and one, of the 29th, from the committee of Congress at the camp, were read.

The committee on the treasury brought in a report: Whereupon,

Ordered, That a warrant issue on the commissioner of the continental loan-office for the state of North-Carolina, for 20,000 dollars, in favor of the committee of commerce, to be by them transmitted to Messrs. Hewes and Smith, for public service; the said committee to be accountable.

Ordered, That a warrant issue on Nathaniel Appleton, esq. commissioner of the continental loan-office in the state of Massachusetts-Bay, for 3000 dollars, in favor of the committee of commerce, to be by them transmitted to James Warren, esq. for public service; the said committee to be accountable. Ordered, That a warrant issue on the treasurer in favor of William Buchanan, esq. commissary-general, for 312,000 dollars, of which 200,000 dollars are to be transmitted to William Aylett, esq. deputy commissarygeneral of purchases for the southern district, and the residue, viz. 112,000 dollars, for the use of the middle department; for which the said commissary-general is to be accountable.

Ordered, That a set of bills of exchange be drawn by the president on the commissioners in France, for 600 livres tournois, in favor of lieut. Fouquet, one of the officers of the late Mons. du Coudray's corps, it being for his gratification allowed by Mr. Deane, and not included in the settlement with Mr. le Brun, on the 13th of Nov. last; and that the two sets of bills, drawn on the commissioners aforesaid, bearing date the 14th of Nov. last, one in favor of capt. Fouquet, for 573 livres, and the other, in favor of lieut. Fouquet, for 28. livres tournois, be delivered to them, and be in full of their pay to the said 14th of Nov. last.

Adjourned to ten o'clock to-morrow.

THURSDAY, February 5, 1778.

Resolved, That the committee on foreign applications be directed to examine into the circumstances of the French officers who have been detained in this town, under a promise of having their expenses borne until employed, or until they can have a positive answer that they cannot be taken into the service, and that the committee report what sums should be paid them.

Ordered, That the board of treasury take into consideration the services of Charles Thomson, esq. in executing the office of secretary of Congress

since the 10th day of May, 1776, the time he was last paid up to, and report. an adequate allowance.

A letter, of the 3d, from the council of Pennsylvania, to the delegates of that state, in Congress, was laid before Congress, and read.

The committee, to whom was referred the proposal of the board of war, respecting founderies, brought in a report; Whereupon,

Resolved, That the board of war and ordnance be directed to lay before Congress an estimate of the expense of erecting and carrying on a foundery for brass ordnance, the number of persons necessary to conduct the business, and the proper salaries for each.

The committee on the treasury brought in a report; Whereupon,

Ordered, That a warrant be drawn on the treasurer in favor of Mr. Anthony Butler, agent to quarter-master general Mifflin, for 12,000 dollars, for the use of three brigades of wagons about to be despatched to North-Carolina for clothing; for which the said quarter-master general is to be accountable. Ordered, That there be advanced to col. Donald Campbell, 533 30.90 dollars, for which he is to be accountable, and that a warrant issue on the treasurer for the said sum.

Resolved, That the pay of commissioners of accounts in the several departments be augmented to five dollars a day.

Resolved, That the captain or commanding officer of each company in the service of the United States, shall, at the end of every month, furnish the regimental pay-master with a pay-roll, containing the names of the commissioned and non-commissioned officers and privates of the company, their rank, the time from and to which they are to be paid, their monthly pay, the sums due to each, and a column for casualties, in which is to be inserted the dates of deaths, desertions, discharges, and captivities: and the several regimental pay-masters shall respectively keep true copies of such pay-rolls, and cause the amount thereof to be added to the proper abstracts of field and staff officers, that the whole may be examined, as heretofore ordered by Congress.

Resolved, That the treasurer be directed to send to William Palfrey, esq. the money ordered on the 14th of Jan. last, under such escort as the board of war shall furnish, the commanding officer of the escort to give his receipt for the same to the treasurer, which receipt shall be cancelled, by lodging with the treasurer, in lieu thereof, the receipt of the pay-master general.

The committee appointed on the 27th day of Aug. 1777, to collect evidence of the state of the army in the northern department, and also of the state of the troops, military stores and provisions at the posts of Ticonderoga and Mount-Independence, before, and at the time when the evacuation was determined on, report, "That they have made the fullest enquiry in their power into the several articles enumerated in the resolve of Congress of the date above mentioned, and have collected a variety of evidence, which they are ready to transmit to general Washington;" Whereupon,

Resolved, That the committee be directed to transmit the evidence by them collected to gen. Washington, and that he be authorized and directed to appoint a court-martial for the trial of the general officers who were in the northern department when Ticonderoga and Mount-Independence were evacuated, agreeably to the rules and articles of war :

That two counsellors, learned in the law, be appointed to assist and cooperate with the judge-advocate in conducting the trial.

1

Congress proceeded to the election of two counsellors, and the gentlemen following were elected, viz. Jonathan D. Sergeant, esq. attorney-general for the state of Pennsylvania; William Patterson, esq. attorney-general for the state of New-Jersey.

Resolved, That the commander in chief be directed to transmit to Con