The Diplomacy of the United States

Powers of First Congress as to Foreign Relations defective-Adoption of Confederation-Powers of Constitution of '89-Powers of House of Representatives as to Treaties-Foreign business first done by Secret Committees, very laborious-Department for Foreign Affairs established-First Secretary-Salary-Department under the Constitution-One of the Cabinet-Right of President to remove— -United States never sent or received an “ Ambassador"—Rules for reception -Diplomatic Agents of the Confederation-Expenses of the Diplomatic Corps under the Confederation-Salaries &c. under the Constitution Ceremonial of first Minister very difficult to arrange-Somewhat ludicrous--Extract from Secret Journals-Present mode of accrediting.

We propose, in this chapter, briefly to recite the power of Congress under the confederation of '78, and of the government under the constitution of '89, in regard to the relations of the country with foreign states, together with such circumstances, as properly belong to the management of foreign affairs. It is well known, that the first assembly of delegates from the thirteen colonies, or parts of colonies, was held in Philadelphia, in September, "74. The meeting was convened on the proposition of the Province of Massachusetts Bay; and it was annually renewed by a vote of the Congress itself till the

year 1778, when the different colonies or provinces, having instructed their delegates to sign the articles of "Confederation and perpetual Union," agreed on by Congress in the preceding November, an organized government, usually known by the name of the Confederation, was established. Before this period, the delegates to the Congress acted by the special instructions of the Province Legislatures, or of the committees of the people by whom they were chosen. These instructions were of various import. Some delegates, indeed, were not furnished with any powers whatever. Their discretion was unlimited. But in general the representatives of the colonies were authorized to consult for the public good and general welfare, either by securing the liberties of the provinces, or by establishing a just and safe commercial arrangement with the mother country. A Congress, thus composed, was not invested with constitutional authority. Even, if the instructions of the delegates had been binding on their respective legislatures, the different legislatures would not have been bound in an equal degree; for some delegates were without instructions, and to those who were furnished with them a great variety of powers were given. The colonies, or provinces, were not parties to any instrument; they did not jointly agree to support any one measure; much less the great system of measures by which the revolution war was conducted. But the exigency of the case, the danger of the country, the necessity of preservation, supplied the deficiencies of form. The Congress of '74 did not appear to believe, that a war would take place-they did not expect a separation from the mother country-they took no direct immediate measures to resist, by force, the unjust pretensions of the British government. This Congress remained in session six weeks with closed doors. They adopted a non-importation, non-exportation, and nonconsumption agreement-they prepared a petition to the king -and an address to the people of Great Britain;-public documents, which will always be admired, as long as good writing, manly sense, and just practical notions, both of civil and

political liberty, merit applause. The Congress of '75 entered upon the war, and, from the time General Washington was appointed to command the continental forces to the confederation in '78, they levied men, borrowed money, sent ministers, concluded treaties, and performed most of the acts of a sovereign government. In '78, the confederation* was adopted by the thirteen colonies, under the title of the "United States of America." This is the date of a constitutional government in this country. Whether as parties to this instrument, or to the act of Union of '89, the states severally and mutually pledged their faith, in as solemn a manner as could be done, to abide by the determination of the United States in Congress assembled on all questions that, by the confederation or the constitution, were subjected to their deliberation and control. This was a regular contract, obligatory in an equal manner, and to a defined extent. We shall only mention the provisions of the first "Union" that relate to the subject of this work.

"The United States, in Congress assembled, shall have the sole and exclusive right and power-Of determining on peace and war, except in the cases mentioned in the sixth article-Of sending and re

*The idea of a confederacy was not altogether new. A scheme of this sort was discussed in a meeting of delegates at Albany in 1754, though for a very different purpose. The king in council rejected the application. In July, '75, a year before the Declaration of Independence, Congress took the matter of a confederacy and union into consideration, the inconvenience and even fatal danger of their actual condition being abundantly apparent. The first sketch was proposed by Dr. Franklin, a member from Pennsylvania. This did not differ materially from the articles afterwards agreed on, though America could, by no means, at that period, be considered as separated from England. An amended copy of this scheme was afterwards reported by a committee in July, "76. This is said to be in the handwriting of Mr. Dickinson, the well known author of the Farmers' Letters. It is very evident, that Congress did not think it important to adopt articles of perpetual union till a reconciliation with Great Britain became utterly hopeless. The articles were extremely discussed. They were finally accepted in November, 1777.

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The Diplomacy of the United States: Being an Account of the Foreign ...