Paul Maas Risenhoover 
Member since Oct 22, 2013


Stats

Friends

  • No friends yet.
Become My Friend Find friends »

Recent Comments

Re: “UPDATE: AFA honor code: "So help me God"

Dear Superintendent and Commandant of the USAFA,
In addition to my recent letter of protest against the Nobel Peace Prize nominee MRFF protest, illustrating that all federal employees may take an affirmation in lieu of an oath pursuant to 28 USC 1762(1) or (2), depending on location within or without the US, MRFF’s Chris Roda has argued the Founding Fathers did not require invocation of Providence in oaths. Actually the evidence (1 US 112 says the Statutes at Large constitute valid evidence in all US courts) from the Statutes at Large readily shows that in 1776 days before our formal independence Congress established our first national defense establishment, “A Board of War and Ordnance” whose members swore to do their duty “So Help Me G-d”. Then TUESDAY, FEBRUARY 3, 1778, Congress required all officers in the armed forces of the US and navy to confirm allegiance on oath “So Help Me G-d”. MONDAY APRIL 6, 1789 Congress declared that their Article VI Constitutional oath should be affirmed “So Help Me God”. WEDNESDAY, JANUARY 21, 1778 Congress affirmed Quakers right to make an affirmation in lieu of oath. The Fifth Congress in 1799 provided that in naval Court Martial oaths of the members and judge advocates shall affirm invocation of Providence, "So help me G-d", and witnesses also so affirmed. See http://www.constitution.org/uslaw/sal/001_statutes_at_large.pdf, keyword search “God” or “oath”. Also keyword search “So help me God” at http://memory.loc.gov/ammem/hlawquery.html.
When the Chinese asked if they could send cadets to West Point, it was though that the oath of allegiance would serve to denationalize them from Chinese nationality (see Matter of Dragenice), and thus it was only after Congress passed special legislation that two Chinese cadets were able to serve as the first international students at West Point while preserving their Chinese nationality so they could return home and serve as officers. See http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx?type=turn&id=FRUS.FRUS187576v01&entity=FRUS.FRUS187576v01.p0318&q1=military&q2=china&q3=oath.
Journals of the Continental Congress, 1774-1789
WEDNESDAY, JUNE 12, 1776
Page 435

Resolved, That a committee of Congress be appointed by the name of "A Board of War and Ordnance," to consist of five members.1
[Note 1: 1 In the original report the committee recommended the name "Board of War," and left the number of members blank.]
That a secretary and one or more clerks, be appointed by Congress, with competent salaries, to assist the said board in executing the business of their department:
That it shall be the duty of the said board, to obtain and keep an alphabetical and accurate register of the names of all officers of the land forces in the service of the United Colonies, with their ranks and the dates of their respective commissions; and also regular accounts of the state and disposition of the troops in the respective colonies; for which purpose, the generals and officers commanding in the different departments and posts, are to cause regular returns to be made into the said war office:
That they shall obtain and keep exact accounts of all the artillery, arms, ammunition and warlike stores, belonging to the United Colonies, and of the manner in which, and the places where, the same shall, from time to time, be lodged and employed; and that they shall have the immediate care of all such artillery, arms, ammunition, and warlike stores, as shall not be employed in actual service; for preserving whereof, they shall have power to hire proper magazines at the public expence:
That they shall have the care of forwarding all despatches from Congress to the colonies and armies, and all monies to be transmitted for the public service by order of Congress; and of providing suitable escorts and guards for the safe conveyance of such despatches and monies, when it shall appear to them to be necessary:
________________________________________
Page 435 | Page image
That they shall superintend the raising, fitting out, and despatching all such land forces as may be ordered for the service of the United Colonies:
That they shall have the care and direction of all prisoners of war, agreeable to the orders and regulations of Congress:
That they shall keep and preserve, in the said office, in regular order, all original letters and papers, which shall come into the said office by order of Congress, or otherwise, and shall also cause all draughts of letters and despatches to be made or transcribed in books to be set apart for that purpose, and shall cause fair entries, in like manner, to be made, and registers preserved, of all other business which shall be transacted in the said office:
That before the secretary, or any clerk of the war office shall enter on his office, they shall respectively take and subscribe the following oath, a certificate whereof shall be filed in the said office:
I, A. B. do solemnly swear, that I will not directly or indirectly, divulge any matter or thing, which shall come to my knowledge, as (secretary) of the board of war and ordnance, for the United Colonies, (or clerk of the board of war and ordnance,) established by Congress, without the leave of the said board of war and ordnance, and that I will faithfully execute my said office, according to the best of my skill and judgment. So help me God.



Journals of the Continental Congress, 1774-1789
MONDAY, OCTOBER 21, 1776

Congress took into consideration the form of the oath to be taken by the officers in the service of the continent, which was agreed to as follows:
I --, do acknowledge the Thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
________________________________________
Page 894 | Page image

Virginia, North Carolina, South Carolina, and Georgia, 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, 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, and in any other office which I may hereafter hold by their appointment, or under their authority, with fidelity and honour, and according to the best of my skill and understanding. So help me God.
Resolved, That every officer who holds, or shall hereafter hold, a commission or office from Congress, shall subscribe the above declaration, and take the foregoing oath.
Page 893









Journals of the Continental Congress, 1774-1789
WEDNESDAY, FEBRUARY 20, 1782

Congress agreed to the following resolutions:
Whereas it is become indispensably necessary to settle and adjust, and finally to determine the proportions to be borne by the several states of the expences of the war, from the commencement thereof until the first day of January, 1782, except the moneys loaned:
And whereas, from the present situation of some of the states, the rule for fixing such proportions agreeably to the Articles of Confederation, to wit, a valuation of lands, buildings, and improvements, cannot, with any degree of certainty, be proceeded on; and as, from a consideration of the states having been variously affected by the war, the said rule, upon a valuation hereafter to be taken, might not, if strictly adhered to, without proper allowances for particular circumstances, produce that equal justice so desirable in this important object.
In order, therefore, that the aforesaid expences may be proportioned in a speedy and equitable manner,
Resolved, That it be earnestly recommended to the several legislatures of the respective states, without delay, to authorise and empower the United States in Congress assembled, in the final settlement of the proportions to be borne by each State, of the general expences of the war, from the commencement thereof until the first day of January, 1782, except the moneys loaned to the United States, for the security and discharge of the principal and interest of which Congress rely on a compliance with their requisition of the third day of February, 1781, to assume and adopt such
________________________________________
Page 84 | Page image

principles as, from the particular circumstances of the several states, at different periods, may appear just and equitable, without being wholly confined to the rule laid down in the eighth Article of the Confederation, in cases where the same cannot be applied without manifest injustice:
That it be recommended to the states respectively to obtain and transmit to Congress, as soon as may be, all such documents and information as they may judge most proper, to assist the judgment of Congress in forming just estimates of the value and abilities of each State at the close of every year within the aforesaid term, in order to settle the proportions before mentioned.
Resolved, That upon settling the annual proportions of the several states, of the expences of the war, up to the first day of January, 1782, where any of the states have exceeded their proportions, an interest of six per cent, per annum shall be allowed thereon, and a deduction equal thereto made in the future annual proportions of those states; and where any states shall appear to have been deficient in advancing their proportions, a like interest shall be charged thereon, and such deficiency charged in the future proportions of such states.
And whereas it is necessary to make a settlement of all accounts between the United States and each particular State, and the creditors of the United States within the same,
Resolved, That a commissioner for each State, for the purposes hereinafter expressed, be appointed as follows: he shall be nominated by the Superintendant of the finances of the United States, and approved of by the legislature or the executive of the particular State for which he shall have been nominated; and upon the death, refusal, or inability to act, of such commissioner, another person to supply his place shall be nominated by the Superintendant of the finances, and approved of by the executive or the delegates attending in Congress of the State for which he shall be nominated, as
________________________________________
Page 85 | Page image

the legislature of the State shall direct; that the said commissioner so appointed shall have full power and authority finally to settle the accounts between the State for which he shall have been nominated, and the United States; that all accounts of moneys advanced, supplies furnished, or services performed, between the United States and a particular State, shall be estimated according to the table of depreciation framed by the Board of Treasury on the 29 day of July, 1780, in consequence of the resolution of the 28 day of June preceding, to the time the same is extended: [provided always, that specific supplies, furnished pursuant to requisitions of Congress, shall be settled agreeable to the prices mentioned in such requisitions;] that he be also fully empowered and directed to liquidate and settle, in specie value, all certificates given for supplies by public officers to individuals, and other claims against the United States by individuals for supplies furnished the army, the transportation thereof and contingent expences thereon, within the said State, [according to the principles of equity and good conscience, in all cases which are not or shall not be provided for by Congress:]
That the said commissioner, in the various branches of duty herein directed, shall in such matters of form as regard merely the stating of his accounts, proceed agreeably to rules to be prescribed to him by the comptroller of the treasury; but in all other matters and things concerning the settlement with individual states, according to such modes and principles as Congress have directed or shall direct:
That each of the said commissioners be allowed a salary of fifteen hundred dollars per annum, and that he appoint his necessary clerks, with the salary of five hundred dollars per annum each, for the time they shall severally be employed in this service, which shall be in full for all services and expences.
________________________________________
Page 86 | Page image
That the said commissioners respectively give public and early notices of the times and places of their settling, and the districts within which they settle accounts, that as well the public officers as the private individuals may have an opportunity to attend:
That each commissioner, before he enter upon the business for which he is appointed, shall take the following oath:
"I, A. B. do solemnly swear that I will truly and faithfully execute the office of commissioner to which I am appointed, according to my best skill and judgment, without favor or affection. So help me God."
That each clerk at his appointment shall also take an oath truly and faithfully to execute the duties of his office according to the best of his skill and understanding; and that certificates of these oaths be filed in the secretary's office of the State.
And it is hereby further recommended to the several legislatures of the respective states, to grant the commissioner, by a law to be enacted for that purpose, a power to call witnesses and examine them upon oath or affirmation, touching such claims and accounts as shall be produced for liquidation and settlement.

Journals of the Continental Congress, 1774-1789
TUESDAY, FEBRUARY 3, 1778

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
________________________________________
Page 115 | Page image

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,
{table}
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
________________________________________
Page 116 | Page image

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:
________________________________________
Page 117 | Page image
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:
________________________________________
Page 118 | Page image
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.









Journal of the House of Representatives of the United States, 1789-1793
MONDAY APRIL 6.
Page 7 | Page image
Link to date-related documents.
Another member, to wit, Daniel Carroll, from Maryland, appeared and took his seat.
On motion,
Ordered, That leave be given to bring, in a bill to regulate the taking the oath or affirmation prescribed by the sixth article of the Constitution; and that Mr. White, Mr. Madison Mr. Trumbull, Mr. Gilman, and Mr. Cadwalader, do prepare and bring in the same.
On motion,
Resolve, That the form of the oath to be taken by the members of this Houses, as required by the third clause of the sixth article of the Constitution of Government of the United States, be as followeth, to wit: "I, A B a Representative of the United "States in the Congress thereof, do solemnly swear (or affirm, as the case may be) in "the presence of Almighty GOD, that I will support the Constitution of the United "States. So help me GOD."


Journal of the Senate of the United States of America, 1789-1873
FRIDAY, DECEMBER 21, 1798.

The Senate proceeded to take into consideration the report of the committee appointed to consider what rules are necessary to be adopted by the Senate in the trial of William Blount; and the report being amended, was adopted, as follows:
"Resolved, That, at the next opening of the Court of Impeachment, the President shall inquire whether the managers have any request to make, before the counsel of the defendant are called to put in his answer.
"If no motion or request is made, the defendant's counsel shall be required to put in his answer, or plea, to the articles of impeachment.
"The answer, or plea, shall be read by the Secretary, and entered by him on the Journal.
"A copy of the defendant's answer, or plea, shall be communicated to the House of Representatives by the Secretary.
"The President shall then inform the managers that the Senate is ready to hear any reply or motion which they may think proper to make.
"All questions, arising in the course of the trial, shall be decided with closed doors. The decisions shall be by ayes and noes, which shall be entered upon the Journal. When the question is decided, the doors shall be opened, the parties called in, and the result made known to them by the President.
"Witnesses shall be sworn by the Secretary, and shall take the following oath:
"I, A B, do swear, (or affirm, as the case may be) that the evidence I will give to this court, touching the impeachment of William Blount, now here depending, shall be the truth, the whole truth, and nothing but the truth: So help me God.





Journal of the Senate of the United States of America, 1789-1873
FRIDAY, MARCH 2, 1804.

Resolved, That, on the second day of March instant, at one o'clock, the Legislative and Executive business of the Senate be postponed, and that the court of impeachments shall then be opened. After which, the process, which, on the twelfth day of January last, was directed to be issued and served on John Pickering, and the return thereon, shall be read. And the Secretary of the Senate shall administer an oath to the returning officer, in the following form, to wit: "I, James Mathers, do solemnly swear, that the return made and subscribed by me, upon the process issued on the twelfth day of January last, by the Senate of the United States, against John Pickering, is truly made, and that I have performed said services as there described. So help me God." Which oath shall be entered at large on the records.
The Secretary shall then give notice to the House of Representatives, that the Senate, in their capacity of a court of impeachments, are ready to proceed upon the impeachment
________________________________________
Page 503 | Page image

of John Pickering, in the Senate chamber, which chamber is prepared with accommodations for the reception of the House of Representatives.
Resolved, That counsel for the parties shall be admitted, to appear and be heard upon said impeachment. And upon the attendance of the House of Representatives, their managers, or any person or persons admitted to appear for the impeachment, the said John Pickering shall be called to appear and answer the articles of impeachment exhibited, against him. If he appears, or any person for him, the appearance shall be recorded, stating particularly if by himself, or if by agent or attorney--naming the person appearing, and the capacity in which he appears. If he does not appear, either personally or by agent or attorney, the same shall be recorded. All motions made by the parties or their counsel shall be addressed to the President of the Senate, and, if he shall require it, shall be committed to writing, and read at the Secretary's table; and after the parties shall be heard upon such motion, the Senate shall retire to the adjoining committee room for consideration, if one-third of the members present shall require it; but all decisions shall be had in open court, by ayes and noes, and without debate, which shall be entered on the records.
Witnesses shall be sworn in the following from, viz. "I, A B, do swear (or affirm, as the case may be,) that the evidence I shall give to this court in the case now depending shall be the truth, the whole truth, and nothing but the truth. So help me God."
Witnesses shall be examined by the party producing them, and then cross examined in the usual form.
If a Senator is called as a witness, he shall be sworn and give his testimony standing in his place.
If a Senator wishes a question to be put to a witness, it shall be reduced to writing, and put by the President.
The summons to John Pickering was read, together with the return made thereon by the Sergeant-at-Arms, and the oath prescribed was administered to the returning officer by the Secretary.
Subpoenas having been issued in the form prescribed, and directed for service to the marshal of the district of New Hampshire, upon Joseph Whipple, John S. Sherburne, Jonathan Steele, Richard Cutts Shannon, Thoamas Chadbourne, Edward Hart, and Ebenezer Chadwick, the following return was made to them respectively:
UNITED STATES.
New Hampshire District, ss. January 28, 1804.
Pursuant to this precept, I have served the same by reading it to the within named Ebenezer Chadwick, &c.
MICHAEL M'CLARY,
Marshal for New Hampshire district.
Ordered, That the Secretary give notice to the House of Representatives that the Senate, in their capacity of a court of impeachments, are ready to proceed upon the impeachment of John Pickering, in the Senate chamber, which chamber is prepared with accommodations for the reception of the House of Representatives; and that the Secretary communicate a copy of the regulations agreed on to that house.
Whereupon,
The managers on the part of the House of Representatives attended; and the said John Pickering was three times called, to answer the articles of impeachment exhibited against him by the House of Representatives, but came not.
Upon which a suggestion, by petition, was made to this court, that said John Pickering was insane; and Jacob S. Pickering, the petitioner, and son to the said John, requested to be heard by counsel on said suggestion. To this motion the managers on the part of the House of Representatives objected, and the court took the motion into consideration; and the President informed the parties that when the court should make a decision the same should be duly notified to them.
The parties retired, and the court adjourned till to-morrow morning, 11 o'clock

Journal of the Senate of the United States of America, 1789-1873
MONDAY, DECEMBER 24, 1804.

9. At twelve o'clock of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended, and the Secretary of the Senate shall administer an oath to the returning officer, in the form following, viz:
"I, --, do solemnly swear, that the return made and subscribed by me upon the process issued on the -- day of --, by the Senate of the United States, against -- is truly made, and that I have performed said services as therein described. So help me God." Which oath shall be entered at large on the records.
10. The person impeached shall then be called to appear and answer the articles of impeachment against him. If he appears, or any person for him, the appearance shall be recorded, stating particularly if by himself, or if by agent or attorney; naming the person appearing, and the capacity in which he appears. If he does not appear, either personally, or by agent or attorney, the same shall be recorded.
11. At 12 o'clock of the day appointed for the trial of an impeachment, the legislative and executive business of the Senate shall be postponed. The Secretary shall then administer the following oath or affirmation to the President:
"You solemnly swear, or affirm, that, in all things appertaining to the trial of the impeachment of --, you will do impartial justice, according to the constitution and laws of the United States."
12. And the President shall administer the said oath or affirmation to each Senator present.
The Secretary shall then give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of --, in the Senate chamber, which chamber is prepared with accommodations for the reception of the House of Representatives.
13. Counsel for the parties shall be admitted to appear and be heard upon an impeachment.
14. All motions made by the parties, or their counsel, shall be addressed to the President of the Senate, and, if he shall require it, shall be committed to writing, and read at the Secretary's table; and all decisions shall be had be had by ayes and noes, and without debate, which shall be entered on the records.
Witnesses shall be sworn in the following form, to wit: "You, --, do swear (or affirm, as the case may be) that the evidence you shall give in the case now depending between the United States and -- shall be the truth, the whole truth, and nothing but the truth. So help you God." Which oath shall be administered by the Secretary.
Journal of the Senate of the United States of America, 1789-1873
SATURDAY, March 16, 1867.

On motion by Mr. Howard to amend the amendment reported by the Committee on the Judiciary, by striking out, in section 1, after the word "affirmation," in line 14, the following words, to wit: "I, -- --, of --, in the county or parish of --, in the State of --, do hereby solemnly swear (or affirm) that I am not excluded from the right to vote by the fifth and sixth sections of said 'Act to provide for the more efficient government of the rebel States;' that I will support the Constitution and obey the laws of the United States, and that I will, to the best of my ability, encourage all others to do the same, so help me God," and inserting in lieu thereof the following: I, --, do solemnly swear, in the presence of Almighty God, that I am a citizen of the State of --; that I have resided in said State for -- months next preceding this day, and now reside in the county of --, or the parish of --, in said State, (as the case may be;) that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or the United States; that I have never taken an oath as a member of the Congress of the United States, or as an officer the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, engage others so to do: so help me God;
After debate,
• It was determined in the negative,
• Yeas ... 18
• Nays ... 19

On motion by Mr. Howard to further amend the amendment made in committee of the Whole, in section 1, by striking out after the word "affirmation," in line 14, the following words: "I, -- --, of --, in the county or parish of --, in the State of --, do hereby solemnly swear (or affirm) that I am not excluded from the right to vote by the fifth and sixth sections of said 'Act to provide for the more efficient government of the rebel States;' that I will support the Constitution and obey the laws of the United States, and that I will, to the best of my ability, encourage all others to do the same, so help me God," and inserting in lieu thereof the following: I, -- --, do solemnly swear (or affirm) in the presence of Almighty God, that I am a citizen of the State of --; that I have reside in said for -- months next preceding this day, and now reside in the county of -- or the parish of -- in said State, as the case may be; that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion lion or civil war against the United States, nor for felony committed against the laws of any State or the United States; that I have never taken an oath as
________________________________________
Page 54 | Page image

a member of the Congress of the United States, or as an offset of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards wards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do: so help me God;
• It was determined in the affirmative,
• Yeas ... 26
• Nays ... 15

Journal of the House of Representatives of the United States, 1815-1817
THURSDAY, January 9, 1817.

Page 171 | Page image
A motion was then made by Mr. Desha, to strike out all of the said bill after the enacting clause and to insert as follows:
That the 11th 12th 13th and 14th sections of the act, entitled "an act to authorize the payment for the property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," passed on the 9th day of April, 1816, shall be, and the same are hereby repeated.
Sec. 2. And be it further enacted, That for carrying into execution the above-recited act, the President of the United States, by, and with the advice and consent of the Senate, is hereby authorized, to appoint three commissioners whose duty it shall be to decide upon all cases arising under the before-recited act; and who, in the discharge of their duties, shall be subject to the rules and regulations that have been, or may be prescribed by the President of the United States. The commissioners so appointed shall receive as compensation for their services, at the rate ofper annum each for the time they shall be actually employed, which shall not exceed eighteen months, to be computed from and after the passage of this act: all official communications to and from the commissioners appointed under this act, shall be free of postage.
Sec. 3. And be it further enacted, That the said commissioners, so to be appointed, before they enter upon the duties of their office, shall each take the following oath, to wit: "I, A. B. do solemnly swear, that I will, well and truly, according to the best of my abilities, discharge the duties of commissioner under an act of Congress, entitled 'an act to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes;' so help me God:" upon which they shall proceed to appoint a clerk; and shall proceed to the execution of the above-recited act, under the rules already prescribed by the President of the United States, for
________________________________________
Page 172 | Page image

the adjustment of claims to compensation for the corps provided for by the said act, or to establish such further rules as may be deemed necessary for the due execution of the law, under the direction, or by the consent of the President of the United States, having due regard, in the establishment of further regulations, as well to the claims of individual justice, as to the interest of the United States, and if it should be found necessary to establish any other rules or regulations for the due execution of the act, the said commissioners shall cause them to be published for four weeks, successively in the newspapers in the several States, and Territories in which the laws of the United States are published
Journal of the Senate of the United States of America, 1789-1873
MONDAY, March 2, 1868.
Link to date-related documents.
Impeachment of Andrew Johnson, President.
The following are the rules adopted by the Senate for rules of procedure and practice in the Senate when sitting on the trial of impeachments:
Rules of procedure and practice in the Senate when sitting on the trial of impeachments.
• IX. At 12 o'clock and 30 minutes afternoon of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended, and the Secretary of the Senate shall administer an oath to the returning officer in the form following, viz: "I, -- --, do solemnly swear that the return made by me upon the process issued on -- the day of --, by the Senate of the United States, against -- --, is truly made, and that I have performed such service as herein described: so help me God." Which oath shall be entered at large on the records.
• XXIV. Witnesses shall be sworn in the following form, viz: "You, -- --, do swear, (or affirm, as the case may be,) that the evidence you shall give in the case now depending between the United States and -- -- shall be the truth, the whole truth, and nothing but the truth: so help you God." Which oath shall be administered by the Secretary, or any other duly authorized person.
• Form of oath to be administered to the members of the Senate sitting in the trial of impeachments:
• "I solemnly swear, (or affirm, as the case may be,) that in all things appertaining to the trial of the impeachment of -- --, now pending, I will do impartial justice according to the Constitution and laws: so help me God."


Journal of the Senate of the United States of America, 1789-1873
THURSDAY, March 5, 1868.
Link to date-related documents.
The United States vs. Andrew Johnson, President.
The Senate sitting for the trial of Andrew Johnson, President of the United States, upon articles of impeachment exhibited against him by the House of Representatives,
The Chief Justice of the United States entered the Senate chamber and was conducted to the chair by the committee appointed by the Senate for that purpose.
By direction of the Chief Justice the following oath was administered to him by Mr. Justice Nelson, the senior associate justice of the Supreme Court of the United States:
"I do solemnly swear that in all things appertaining to the trial of the impeachment of Andrew Johnson, President of the United States, now pending, I will do impartial justice according to the Constitution and laws: so help me God"


________________________________________
Journal of the House of Representatives of the United States, 1797-1801
FRIDAY, DECEMBER 21, 1798.
Mr. Speaker: I am directed to inform this House that the Senate, taking into their care the ordering of the trial of William Blount, late a Senator of the United States from the State of Tennessee, on Monday, the 24th of December, instant, have prepared some rules to be observed at said trial, which they have thought fit to communicate to the House of Representatives. And then he withdrew.
The rules communicated by the said message of the Senate, were read, as follow:

"Witnesses shall be sworn by the Secretary, and shall take the following oath:
"I, A B, do swear, (or affirm, as the case may be) that the evidence I will give to this court, touching the impeachment of William Blount, now here depending, shall be the truth, the whole truth, and nothing but the truth--So help me God.

Journal of the Senate of the United States of America, 1789-1873
FRIDAY, March 13, 1868.

The Chief Justice directed the Secretary to read the return of the Sergeant-at-arms on the writ of summons directed by the Senate to be issued to Andrew Johnson, President of the United States; and
The Secretary read the return of the Sergeant-at-arms, as follows:
The foregoing writ of summons, addressed to Andrew Johnson, President o the United States, and the foregoing precept, addressed to me, were this day duly served upon the said Andrew Johnson, President of the United States, by delivery to and leaving with him true and attested copies of the same at the Executive Mansion, the usual place of abode of the said. Andrew Johnson, on Saturday, the 7th day of March instant, at 7 o'clock in the afternoon of that day.
GEORGE T. BROWN,
Sergeant-at-arms of the United States Senate.
The Secretary then administered the following oath to the Sergeant-at-arms:
"I, George T. Brown, Sergeant-at-arms of the Senate of the United States, do swear that the return made and subscribed by me upon the process issued on the 7th day of March, A. D. 1868, by the Senate of the United States, against Andrew Johnson, President of the United States, is truly made, and that I have performed said service therein described: so help me God."
By direction of the Chief Justice, the Sergeant-at-arms then made proclamation, as follows:
Andrew Johnson, President of the United States! Andrew Johnson, President of the United States! appear and answer the articles of impeachment exhibited against you by the House of Representatives of the United States.


Journal of the House of Representatives of the United States, 1867-1868
TUESDAY, June 16, 1868.

"That all legal and political disabilities imposed by the United States upon Roderick R. Butler, of Tennessee, in consequence of participation in the recent rebellion, be, and the same are hereby, removed. And the said Butler, on entering upon the discharge of the duties of any office to which he has been or may be elected or appointed, instead of the oath prescribed by the act of July 2, 1862, shall take and subscribe the following oath: 1, Roderick R. Butler, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will faithfully discharge the duties of the office on which I am about to enter: so help me God."

Journal of the Senate of the United States of America, 1789-1873
THURSDAY, January 13, 1870.

On motion by Mr. Edmunds to amend the resolution by inserting at the end thereof the following proviso:
Provided, That before this resolution shall take effect, each member of the legislature of said State, and each officer thereof, except such persons as shall be affected by the further proviso hereinafter stated, shall take, and subscribe, and file in the office of the secretary of state of Virginia for permanent preservation,an oath in the form following: I, -- --, do solemnly swear that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: "I, -- --, do solemnly swear that I have, by act of Congress of the United States, been relieved from the disabilities imposed upon me by the fourteenth amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year, and not more than ten years, and shall be fined not less than one thousand dollars, and not more than ten thousand dollars. And in all trials for any violation of this resolution the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this resolution to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office;
After debate,
On motion by Mr. Willey to amend the amendment by striking out the words "this resolution shall take effect, each member of the legislature of said State, and each officer thereof, except such persons as shall be affected by the further proviso hereinafter stated," and in lieu thereof inserting any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office,
After debate,
On motion by Mr. Ramsey that the Senate proceed to the consideration of executive business,
• It was determined in the affirmative,
• Yeas ... 29
• Nays ... 27


Journal of the Senate of the United States of America, 1789-1873
WEDNESDAY, January 19, 1870.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 783) to admit the State of Virginia to representation in the Congress of the United States; and
The question being on the amendment proposed by Mr. Edmunds, to wit: insert at the end of the bill the following proviso:
Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and subscribe, and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following: "I, -- --, do solemnly swear that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward en gaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: "I, -- --, do solemnly swear that I have, by act of Congress of the United States, been relieved from the disabilities imposed upon me by the fourteenth amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year, and not more than ten years, and shall be fined not less than one thousand dollars, and not more than ten thousand dollars. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the
________________________________________
Page 118 | Page image

party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office;
After debate,
On motion by Mr. Howe that the Senate proceed to the consideration of executive business,
• It was determined in the negative,
• Yeas ... 28
• Nays ... 32
On motion by Mr. Trumbull,
The yeas and nays being desired by one-fifth of the senators present,
Those who voted in the affirmative are,
Messrs. Abbott, Anthony, Brownlow, Cameron, Chandler, Corbett, Drake, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, Morrill of Maine, Morrill of Vermont, Osborn, Pomeroy, Ramsey, Rice, Robertson, Schurz, Scott, Spencer, Sumner, Thayer, Tipton, Wilson.
Those who voted in the negative are,
Messrs. Bayard, Boreman, Buckingham, Carpenter, Casserly, Cole, Conkling, Cragin, Davis, Edmunds, Fenton, Ferry, Fowler, Hamilton, McDonald, Morton. Norton, Nye, Patterson, Pratt, Ross, Saulsbury, Sawyer, Sherman, Stewart, Stockton, Thurman, Trumbull, Vickers, Warner, Willey, Williams.
So the motion was not agreed to; and
On the question to agree to the amendment of Mr. Edmunds,
• It was determined in the affirmative,
• Yeas ... 45
• Nays ... 16

Affirmation in lieu of oath (28 USC 1762) permitted to Quakers
Journals of the Continental Congress, 1774-1789
WEDNESDAY, JANUARY 21, 1778

Resolved, That all Commissioned officers in the Army or Navy of these United States; the Commissioners of the Navy boards; the Quarter Master General, Deputy Quarter Master generals; Commissaries
________________________________________
Page 69 | Page image

of forage, forage master; Commissaries of Stores, deputies and assistant quarter masters; the Commissary General and deputy Commissary generals of Purchases and issues, and their Deputies and assistant Commissaries; all Commissaries of other departments; all Officers of the Staff in the Army; the Treasurer, auditor general, Deputy auditor general and all other auditors and Commissioners of accounts; the Post Master, Surveyors and Comptroller general of the Post office, Postmasters and post riders; the Clothier General and his Deputies; the Director General deputy directors and all Surgeons and Physicians of the Hospitals and Army; and all clerks in every public office and Department, who are already appointed, shall within one month after notice hereof, and all such as may hereafter be appointed and accept of their appointments, immediately thereupon, previous to acting therein, severally take and subscribe the following oath (or if one of the people called quakers, Affirmation) (filling up the blank with their name and Office).
I --, do solemnly swear, or affirm, that I acknowledge the thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island and Providence plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia to be free Sovereign and Independant States, and that the people thereof owe no Allegiance or obedience to George the 3rd, King of Great Britain, and that neither the said King, nor the Parliament of Great Britain, nor any foreign Prince, Power or Potentate whatsoever, ought to have any power, right, Authority or jurisdiction over the said United States or any of them, or the Subjects thereof. And that I will to the utmost of my power support maintain and defend the said United States against the said King George the third, his heirs and successors, and his and their agents, abettors and assistants, and will faithfully serve the said United States in the office I now hold, and in any other office, which I may hereafter hold by their appointment or under their Authority, according to the best of my Skill and understanding. So help me God.
Which oath or Affirmation the Commander in Chief or any Major General or Brigadier General is authorized and directed to administer to all Officers of the Army, or in any of the above mentioned Departments, whose business require their attendance with the Army. And all officers of the Navy to take the said Oath before the Commissioners of any of the Navy boards where Convenient, or otherwise before any
________________________________________
Page 70 | Page image

Judge or Justice of the Peace in the State wherein they respectively reside or shall receive their Commission or warrant. And all commissioners of the Navy boards, Auditors, Commissioners of accounts, Commissaries, Quarter Masters, and all others officers before above mentioned whose business doth not require a steady Attendance with the Army, and who act in a Civil Department, to take the said Oath or affirmation before any Judge or Justice of the Peace of the State wherein they may Respectively reside.
And all persons whatsoever holding or who may hereafter be appointed to hold and exercise any of the above mentioned offices or appointments, or any other future office or appointment, (excepting officers in the Military line of the Army Commanding Divisions, Brigades or in Battalions or companies and also officers commanding in the Navy) shall at the time of taking the abovementioned Oath, or affirmation, also take an oath or affirmation of office in the following words.
I -- --, do solemnly swear (or affirm) that I will faithfully truly and impartially to the utmost of my skill and understanding, execute the office of --, to which I am appointed under the United States of America, and render a true Account of all monies by me received or expended on public account and of all stores or other effects with me entrusted which belong to the said United States, and in all respects to the utmost of my ability, discharge the trust reposed in me with strict justice and integrity.
Which several oaths or affirmations being subscribed and attested, the person administering shall deliver the same to the Deponent or affirmant, together with a duplicate thereof in like manner subscribed and attested. And all officers in the Military line shall cause their Oath or affirmation to be delivered to the Commander in Chief or Commander of a separate Department under whom they serve, or such other person as by General orders shall be appointed to receive the same, which the Commander in Chief and Commander of each separate Department shall cause to be sent to the Secretary of Congress, retaining an exact list of all officers so qualified with their Rank and time of Qualifying. All officers in the Navy shall send or deliver their oaths or Qualifications to the Navy board most convenient, who are required to transmit the same, together with their own qualifications to the Marine Committee as soon as conveniently may be. And all other persons above directed to take the said Oaths or affirmations are required upon the taking and subscribing thereof to send or
________________________________________
Page 71 | Page image

deliver the same to the Secretary of the State to which they respectively belong, or to such other person or persons as the Governor or President of such State shall direct, who is requested to cause the same when received to be transmitted to the Secretary of Congress. Each Deponent or affirmant to retain and keep the Duplicate of his Qualifications as a voucher of his compliance with the duty hereby enjoined him.
Journals of the Continental Congress, 1774-1789
MONDAY, OCTOBER 3, 1785.

Page 797 | Page image
Office for Foreign Affairs, 29th September, 1785.
The Secretary of the United States for the Department of foreign Affairs in obedience to the Order of Congress reports the Draft of an Ordinance for the Trial of Piracies and Felonies committed on the high Seas.
Your Secretary observes that prior to the Reign of Henry the Eighth of England, Piracies, Treasons, Felonies &c: committed on the High Seas, were tried before the Admiral, according to the Course of the civil Law.
That in the 28th. Year of his Reign, an Act was passed, declaring that they should in future be tried at such places in the Realm as should be assigned by the King's Commission, and in like manner as if committed on the Land, which commission should be issued as often as need might require, directed to the Admiral or his Lieutenant, and three or four other substantial Persons to be named by the Lord Chancellor. Their proceedings were to be according to the common Law.
The Provisions in this Act were rendered more extensive and effectual by one passed in the 11th. and 12th. of William the 3d. which was also amended by 18th. George the 2d. by which and other subsequent Statutes many useful Things on this Subject were enacted, but which the present Powers of Congress are not supposed to reach.
Your Secretary also observes that the Power given to Congress by the Confederation, is not to declare what is or shall be Felony or Piracy, nor to declare what Shall be the Punishment of either, but merely to appoint Courts for the Trial of Piracies and Felonies committed on the high Seas. Whence it seems to follow that the wise End in View vizt.: The rendering both the Trial and Punishment of those Offences similar in all the States, cannot be accomplished by an Ordinance of Congress in virtue of that Article in the Confederation.
But as Piracy is War against all mankind, which is the highest Violation of the Laws of Nations; as the Execution of those Laws demands the Care of the Sovereign who is responsible for the Observance of them in his Dominions, and as the Conduct of the United States towards all their Enemies in open War against them, (whether Nations or Individuals) is to be regulated by their foederal Government,
________________________________________
Page 798 | Page image
Your Secretary thinks that Congress would not exceed their Powers by ordaining, the Punishment to be inflicted throughout the United States in Cases of Piracy.
This Reasoning however does not in the Opinion of Your Secretary, apply to Cases of Felony as distinguished from Piracy; and therefore the Design of this Reference with Respect to them, can only be so far attained by an Ordinance of Congress, as that they Shall be tried (tho' not punished) in like manner in all the States.
It appears singular to your Secretary, that the Confederation should confine the Authority of Congress to Piracies and Felonies, and not extend it to Treasons, which can not be regularly comprehended under either of those Denominations. The Revolution has done away so much of the former Law respecting Treasons, and such new Relations between Citizen and Sovereign has taken Place, that it is very difficult, if practicable, to say what is the exact Extent and Meaning of Treason in the United States.
There is an Allegiance resulting from Compact which is due from the Citizens of each State to the Sovereign of it, and there is also an Allegiance less understood, which is due from the Citizens of all the States to their foederal Sovereign. The Nature of both these Sovereignties differ so exceedingly from Monarchy with Respect to Offences of lese Majestatis; that Laws and Penalties proper to support the latter, would be impolitic and injurious to the former.
Your Secretary is aware that this is a Deviation from the Line of the reference, but as the Importance of introducing Precision, Uniformity and System in this essential Branch of the Law merits Attention, he hopes this short digression from his proper Subject will be excused.
An Ordinance for the Trial of Piracies and Felonies Committed on the High Seas.
Whereas by the ninth Article of Confederation and perpetual Union between the United States, it is declared that they shall, when assembled in Congress, have the sole and exclusive Right and Power, of appointing Courts for the Trial of Piracies and Felonies committed on the High Seas.
Wherefore be it ordained by the United States in Congress Assembled, and it is hereby ordained by the Authority of the same, that whenever, and so often, as any Person or Persons charged. with having committed Piracy or Felony on the high Seas, shall either be apprehended
________________________________________
Page 799 | Page image

in, or brought from Sea or foreign Parts to any one of the said States, the Governor, Lieutenant Governor or other Magistrate or Magistrates then exercising the executive Power of such State, shall forthwith at the Expence of the United States, send such Person or Persons for Trial to such other of the said States, where the Witnesses and Proofs of such Piracy or Felony may more easily and expeditiously be had. But in all cases where the said Person or Persons may as well, or more conveniently, be tried there, as in another State, And in all cases where a Person or Persons so charged, shall there be brought from another State for Trial, the said Executive, magistrate or magistrates, shall within thirty Days after the commitment of such Person or Persons, issue a Commission, to continue in Force for forty Days and no longer, under the great Seal of the State, to the Judge of the Court of Admiralty thereof, and to three or four such other learned and discreet Men, as the said Executive Power may think proper, constituting them Judges to hear, determine and judge all Piracies and Felonies committed on the high Seas, by any Person or Persons then being within that State, or who may come or be brought to it before the Expiration of that Commission, in the Manner and Form specified in this Ordinance, which shall be recited at length in the said Commission.
And it is further ordained by the Authority aforesaid that a Majority of the said Judges, of which the Judge of the Admiralty shall always be one, do constitute a Quorum; and that every Question proper for their Discussion, shall be decided by the major Voice of them all if present, or of the Quorum aforesaid if all should not be present.
It shall be and is hereby declared to be the duty of the said Judges respectively, to take the following Oath before they proceed to execute the said Commission, vizt.:
I, A. B., one of the Judges appointed by Commission under the great Seal of this State bearing Date theDay ofissued in Pursuance of the Ordinance of Congress therein recited, for hearing, determining and judging all Piracies and Felonies committed on the high Seas by any Person or Persons now within this State or who may come or be brought to it before the Expiration of the said Commission do swear on the holy Evangelists of Almighty God that I will faithfully, diligently and impartially do my Duty as one of the said Judges, according to Justice, Law, and Right, and to the best of my Skill and Understanding. So help meGod.
________________________________________
Page 800 | Page image
The said Judges shall then appoint a Clerk to their Court, and administer to him the following Oath, vizt.
I, A. B., appointed Clerk to the Court about to set for hearing, determining and judging all Felonies and Piraces committed on the high Seas by any Person of Persons now within this State or who may come or be brought to it before the Expiration of the said Commission, do Swear on the holy Evangelists of Almighty God that I will faithfully, diligently and impartially do my Duty therein according to the best of my Skill and Judgement.
The said Judges shall then decide in what County of the State, and at what Place in such County, it will be most convenient for all Parties, and most conducive to the furtherance of Justice, that they should open and hold their Court: and having so decided they shall there remain and not remove the Court to any other Place. They shall forthwith proceed by Precept under their Hands and Seals, to command the Sheriff of that County, to have before them at the Place aforesaid, and at a certain Day therein to be assigned, not less than twelve nor more than twenty four good and lawful Men of his Bailiwick, to form a Grand Jury, who on Oath shall enquire and true Presentment make of all Piracies and Felonies committed on the high Seas by any Person or Persons within the said State, or who may come or be brought to it before the Expiration of the said Commission. This Precept shall be issued within seven Days after the Date of the Commission and shall be returnable within eight Days after its own Date exclusively.
The said Judges shall also at the same time that they issue the Precept aforesaid, issue another to the same Sheriff to empannel and have before them twenty four other good and lawful Men of his Bailiwick out of whom as occasion may require, Pettit Juries to consist of twelve, shall be chosen by Ballot, for the Trial of such Indictment as may be presented as aforesaid, and to which the Party indicated shall plead not guilty. This last Precept shall be returnable on the fourth Day inclusive after the Return of the other Precept.
It shall be the Duty of the Attorney General of the said State to prosecute the Pirates and Felons in Question in like manner as if their Offences had been committed within the Body of the County in which the said Judges shall sit.
The grand Jury shall be sworn and charged in open Court, and they shall demene themselves and proceed in doing Business in the manner and form, indicated by the common Law and by this Ordinance; and
________________________________________
Page 801 | Page image

the Court shall have the like Authority over them and over the Pettit Juries summoned to attend them, and over witnesses and over all ministerial Officers of Justice throughout the whole State, as a Court of Goal Delivery or of Oyer and Terminer of Right hath in the particular County for which they may be commissioned.
And it is further ordained, by the Authority aforesaid, that so soon as an Indictment against any Person or Persons for the Offences aforesaid or either of them, shall be presented to the said Court, they shall if not already done, cause the Person or Persons so indited to be apprehended by issuing a Precept for that Purpose to the Sheriff and other ministerial Officers or either or any of them, of the County in which such Person or Persons may be supposed to be.
When the Person or Persons so indicted shall be brought before the Court, they shall be allowed Counsel, a Copy of the Indictment shall be delivered to each of them, and one Day allowed them to consider of the same.
They shall then be separately arraigned and called upon to plead. Against such as shall stand mute or refuse to plead, Judgement shall be entered in like manner as by Confession. If he shall plead not guilty a Copy of the Pannel shall be forthwith delivered to him, and he shall have at the least two Days to prepare for his Trial, and more, if good Cause for such indulgence be shewn to the Court.
The Witnesses shall be sworn and examined viva voce in Presence of the Court, the Jury and the Prisoner; and the whole Trial shall be conducted according to the Course of the common Law.
Journal of the Senate of the United States of America, 1789-1873
TUESDAY, May 11, 1830.
High Court of Impeachment.--The United States vs. James H. Peck.
The Vice President administered the oath prescribed, to Mr. Smith, of Maryland, and Mr. Chambers.

The Secretary then administered the following oath to the Sergeant-at-Arms:
"You, Mountjoy Bayly, Sergeant-at-Arms to the Senate of the United States, do swear that the return made and subscribed by you upon the process issued on the 4th day of May instant by the Senate of the United States against James H. Peck, Judge of the district court of the United States for the district of Missouri, is truly made, and that you have performed said services as therein described. So help you God."

Feb. 24, 1911 Resolution for Admission of Imperial Chinese international students to West Point without oath of allegiance: http://www.constitution.org/uslaw/sal/036_statutes_at_large.pdf







Peking November 23, 1874
No. 131
Mr.Avery to Mr. Fish, Secretary of State
(received at Washington, DC, January 28, 1875)

The
act of
August 3, 1861, "for the better organization of the military establish-
ment," (Statutes at Large, vol. 12, p. 288, sec. 8,) requires from each
cadet an oath of allegiance to the Constitution and Government of the
United States. This requirement, which would seem to have been die-
tated by the sad examples of bad faith afforded by the rebellion, is,
far as I can ascertain, the only bar to the admission to the Milita
Academy, in the discretion of the President, by appointment at larl
of any Chinese having the prescribed age and literary qualification
and this, if I am right, and have not overlooked some essential a4
would be no bar in the case of a Chinese applicant qualified as abo
and willing to take the prescribed oath. As it is probable, however,
that no Chinese would care to denationalize himself, and as the very
object in view would be to fit himself for usefulness to his native coun-
try, the only practical question remaining is this: Would the State
Department or the War Department, or both, be willing to recommend,
and would Congress be willing to authorize, as a matter of good-will to
China, and as a means of helping this empire to a just appreciation of
western science, the appointment by the President of a limited number
of properly.-qualified Chinese into the Military Academy, without re-
quiring of them the oath of allegiance to the United States ?
If authority to this end were granted, one, two, or three experimental
appointments might be made by selections from the ranks of those
Chinese students in American schools who have latterly been sent over
by the Chinese government under the charge of a special commissioner,
Yung Wing, who is himself a graduate of one of our colleges. The special
friendliness and confidence felt toward the United States by China are
evinced by her preference of our country to any other for the education
of a portion of her people in our language, learning, and arts. I am
sure that the admission of a few Chinese, out of the 60,000 living in
our country, to the Military Academy, would enhance the good-will
enjoyed by us, would contribute to the enlightenment and advancement
of this people, and would ultimately redound to our material advance-
ment. I beg leave respectfully to ask if the State Department will pro-
cure for me from the War IDepartment such information or opinion as it
may be disposed to furnish relative to the foregoing matter, and will
make such suggestion in the premises as may seem proper, advising me
of the same, that I may return it to Li Hung Chang, or communicate to
the Tsung li Yamen the reply demanded lby courtesy.
I have, &c.,
B. P. AVERY.

1 like, 17 dislikes
Posted by Paul Maas Risenhoover on 10/25/2013 at 10:03 PM

Re: “UPDATE: AFA honor code: "So help me God"

This is to protest the recent protest of MRFF (Nobel nominee whose
nomination was

recently featured on CNN scrolling through the list of nominees) Chair Mikey
Weinstein, Esq.,

an honorable USAFA grad and former White Housel counsel to General Johnson

about the Honor Oath or Code phraseology invoking Providence. As we all know
federal law

permits substitution of an affirmation in lieu of an oath, where an oath is
required by law an affirmation without oath is permitted in lieu whereof in
writing by 28 USC 1762 (this helps

Orthodox Jews who do not prefer to lightly make an oath, allowing an
affirmation under

the penalty of perjury instead).



Federal court clerks also invokve Providence in their oaths:


viz 28 USC § 951.


Accord,
http://www.supremecourt.gov/about/oath/textoftheoathsofoffice2009.aspx.



During the 1860s, this oath was altered several times before Congress
settled on the text used today, which is set out at 5 U. S. C. § 3331. This
oath is now taken by all federal employees, other than the President:




"I, _________, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties of the
office on which I am about to enter. So help me God."



http://www.law.cornell.edu/uscode/text/28/453



Each justice or judge of the United States shall take the following oath or
affirmation before performing the duties of his office: “I, XXX XXX, do
solemnly swear (or affirm) that I will administer justice without respect to
persons, and do equal right to the poor and to the rich, and that I will
faithfully and impartially discharge and perform all the duties incumbent
upon me as XXX under the Constitution and laws of the United States. So help
me God.”



http://www.usafa.edu/superintendent/pa/factsheets/honor.htm



The phrase, "so help me God," is taken from the oath of office and affirms a
higher standard of living.



The oath simply states, "We will not lie, steal or cheat, nor tolerate among
us anyone who does. Furthermore, I resolve to do my duty and to live
honorably, so help me God." The Honor Oath recognizes that honor has a
broader meaning than simply not lying, stealing or cheating. True honor
requires active support of positive principles rather than simple abstinence
from wrongdoing. The oath also affirms the closely related nature of the
concepts of honor and duty. The phrase, "so help me God," is taken from the
oath of office and affirms a higher standard of living. Cadets are expected
to keep the spirit of the code in all endeavors.





Very respectfully we pray the USAFA disregard the MRFF complaint which has
no constitutional merit whatsoever, and continue to permit the Oath or Code
to retain the invocation of Providence.



Dr. Paul Maas Risenhoover

Executive Director

Robin Hood International Human Rights Legal Defense Fund

Taiwan
island of Formosa

7 likes, 9 dislikes
Posted by Paul Maas Risenhoover on 10/22/2013 at 7:10 PM

Favorite Places

  • None.
Find places »

Saved Events

  • Nada.
Find events »

Saved Stories

  • Nope.
Find stories »

Custom Lists

  • Zip.
 

All content © Copyright 2014, The Colorado Springs Independent   |   Website powered by Foundation