These were the ostensible reasons for not accepting the Chief Justiceship,
and taking the oath of office; but an oath of another kind, no doubt,
induced him to decline this appointment. He had not taken the oath of
allegiance which the law, (passed the 13th June, 1777,) required of every
male white inhabitant; nor did he take it, as appears by the publication
signed Sidney, in the Pennsylvania Journal, No. 1565, 12th February, 1783,)
till the 9th of October, 1778, which was the very day he was elected a
Councillor for the County of Philadelphia. And though disfranchised of all
the rights of citizenship, and incapable of being elected into, or serving
in any office, place, or trust, in this commonwealth, Mr. Reed dared to
disregard the voice of the people, and violate the law, by accepting the
Presidency, and exercising the powers of government annexed to that office.
If he had taken the oath of allegiance, agreeable to law, why did he take
it _again_, on the day he was elected a councillor? as the mere oath of
office only, upon that occasion, would have been required of him.
As Mr. Reed has not touched this point in his pamphlet, or furnished his
friends with a single argument to defend him, against a charge supported by
authentic proofs from public records, the public have very justly
pronounced him guilty. If certificates can be produced of his oaths of
abjuration and allegiance, agreeable to law, why have they not been
published? If he is not defranchised[TN] of the rights of citizenship, why
was his vote refused at the last election? or is this one of the subjects
reserved for "_legal examination_?" and if so, why does he not suspend the
public opinion by such information?
[M] _By the "dispensation from this engagement," above mentioned, is meant,
that the oath prescribed by the constitution was dispensed with, and many
members of Assembly were permitted to take another oath, in which they were
not bound to support the constitution._
[N] That this opinion was not entertained by Congress, may reasonably be
inferred from the following letter:
_"Philadelphia, 12th September, 1778._
"SIR,--His excellency, General Washington, having recommended
to Congress the appointment of a General of horse, the House
took that subject under consideration the 10th instant, when
you were unanimously elected Brigadier and commander of the
cavalry in the service of the United States.
"From the general view above mentioned, you will perceive, sir,
the earnest desire of the house, that you will accept a
commission, and enter as early as your convenience will admit
of, upon the duties of the office; and I flatter myself with
hopes of congratulating you in a few days upon this occasion.
"I have the honour to be, with particular regard and esteem,
sir, your most humble servant,
Public-domain text, read in full here on John Shaqi.
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