The Diplomatic Correspondence of the American Revolution, Vol. 11

by Unknown

Sir,

In the first organization of a new Department, some things are frequently omitted, which experience will show ought to be inserted, and many inserted which might be omitted; it becomes the duty of those, who are placed at the head of such Departments, to mention the difficulties that may arise from these causes, and leave it to the wisdom of Congress to alter them, or to judge whether they can be changed without introducing greater inconveniences. Upon this principle, Sir, I am induced to offer the following observations.

The Secretary of Foreign Affairs is to correspond with the Ministers of the United States at foreign Courts, and with the Ministers of foreign powers. This correspondence must necessarily detail such sentiments as the sovereign wishes to have known, and lead to such inquiries as they choose to make. An intimate knowledge of their sentiments is, therefore, absolutely necessary to a discharge of this duty; and we accordingly find, that the Minister of Foreign Affairs is, in monarchical governments, considered as the most confidential servant of the Crown. In Republics, it is much more difficult to execute this task, as the sentiments of the sovereign sometimes change with the members, which compose the sovereignty. It is more frequently unknown, because no occasion offers, on which to call it forth. It is never perfectly expressed but by some public act. Waiting for this time, the advantages of embracing a favorable opportunity are frequency lost. There are numberless minutiæ, upon which no act is formed, and about which, notwithstanding their sentiments should be known to their Ministers, there are even occasions, in which their Secretary should speak a sentiment, which it would be improper for them to declare by a public act.

Congress, sensible of the inconveniency, that the officer intrusted with the management of their foreign affairs must labor under in the execution of his duty, without a more perfect knowledge of their sentiments, than can be obtained from their public acts, have been pleased to admit him to attend Congress, that (as the ordinance expresses it,) he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his Department; but here it stops short, and does not say in what manner he is to gain the sentiments of Congress, when he does himself the honor to attend upon them. It is true they may in part be collected from an attention to the debates, but it often so happens, that the debate does not take the turn that he would wish, in order to satisfy a doubt, and he goes away, after hearing a subject largely discussed, ignorant of the only point upon which he wishes to be informed, when perhaps by a single question, his doubt might be removed, or by a word of information, which he has the best means of acquiring, a debate might be shortened.

It is true the power of explaining his reports given by the ordinance, seems to imply a permission to offer his sentiments when they are under consideration, but as I do not wish to assume a liberty which is not expressly given, I must beg the sentiments of Congress on this subject. The ordinance is also deficient, in not affording a power to the Secretary of Foreign Affairs to take order upon the application either of foreigners, or subjects, relative to matters not of sufficient moment to engage the attention of Congress; as for instance, applications for aid in procuring the release of an American, taken under particular circumstances in English ships, and confined in the French West Indies or elsewhere; claims upon prizes carried into the French Islands, &c., which cases occur every day, and are attended with long memorials, which would take up much of the time and attention of Congress.

As I have hitherto taken the liberty to transact business of this kind with the Minister of his Most Christian Majesty, and the Governors or Generals of the French Islands, I wish to be justified in so doing by the orders of Congress. As a check upon myself, I keep a book, though it is attended with much labor, in which all such applications, and the steps taken in consequence thereof, are inserted at length.

The organization of this office will, too, I presume, render some alteration necessary in matters of form and ceremony as heretofore settled by Congress in conformity to the practice of other nations, and to enable us to avail ourselves of the advantages they sometimes afford in creating useful delays, and concealing for political reasons the views of the sovereign.

Congress having vested me with the power of appointing clerks, I have appointed two gentlemen, in whose integrity and abilities I can confide. These are barely sufficient to do the running business of the office, which is much greater than I imagined it would be, five copies, besides the draft being necessary for every foreign letter or paper transmitted. To copy all the letters, which have hitherto been received, with the Secret Journals and other extracts from the books and files of Congress, though absolutely necessary, both for order and security, will be impossible, without further aid for at least one year. Congress have not, indeed, limited the number I may employ, nor have they fixed their salaries, upon both of which I could wish for their direction. An interpreter is so necessary, both for this Department and the Admiralty, that I cannot but recommend to Congress the appointment of one, from whom, if a man in whom I could confide, I might receive assistance as a Secretary when hurried with business.

It may possibly be expected, Sir, that I should close this long letter by a report on the matters it contains, but as it is a delicate subject to point out a mode for extending my own powers, I only beg leave to recommend the enclosed resolve.

I have the honor to be, &c.