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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Mr. Philemon Dickinson, a delegate for the State of Delaware, attended and took his seat.
On the report of a committee, consisting of Mr. [William] Ellery, Mr. [Edmund] Randolph, and Mr. [Nicholas] Eveleigh, to whom was referred a letter of 25 January from the Secretary for foreign affairs, respecting his department,
(The Committee to whom was referred the letter of the Secretary of Foreign affairs respecting his Department, Report,)
The United States having risen to importance, and taken their place among sovereign and independent nations, are called upon to secure their extensive territories, and maintain their political interests by cultivating the friendship and alliance of other sovereigns and by guarding against the machinations of the designing and ambitious. In order to which, ministers and agents have been appointed, to study the interests, views and designs of Courts at which they reside, to declare the principles of justice and moderation by which the United States propose to govern themselves, and to express on various occasions their sentiments of the United States. That these sentiments may be fully known to their ministers, some regular
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channel of communication should be opened; and that the governing power in the United States should not remain ignorant of the views and designs of foreign nations, which must regulate their conduct towards them, means should be fallen upon to direct the enquiries of their ministers, and so to collect and digest their information, as to render it useful to Congress.
These together with the various details, which are created by their connection with other nations, has induced the United States in Congress assembled to Resolve,
Resolved, That the department of foreign affairs be raider the direction of such officer, as the United States in Congress assembled have already for that purpose appointed, or shall hereafter appoint, who shall be stiled, "Secretary to the United States of America, for the department of foreign affairs;" [shall reside where Congress or the committee of the states shall sit,] (and hold his office during the pleasure of Congress:)
That the books, records and other papers of the United States, that relate to this department, be committed to his custody subject always to the inspection of Congress or of such persons as they may appoint [to which (and all other papers of his office,) any member of Congress shall have access: provided that no copy shall be taken of matters of a secret nature without the special leave of Congress:]1
[Note 1: 1 The words in brackets are in the writing of Nicholas Eveleigh; those in parentheses in Edmund Randolph's writing.]
That the correspondence and communications with the ministers, consuls and agents of the United States in foreign countries, and with the ministers and other officers of foreign powers with Congress, be carried on through the office of foreign affairs by the said Secretary, who is also empowered to correspond with all other persons from whom he may expect to receive useful information relative to his department: provided always, that letters to the ministers of the United States, or ministers of foreign powers, which have a direct reference to treaties or conventions proposed to be
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entered into, or instructions relative thereto, or other great national subjects, shall be submitted to the inspection and receive the approbation of Congress before they shall be transmitted:
That the Secretary for the department of foreign affairs correspond with the governors or presidents of all or any of the United States, affording them such information from his department as may be useful to their states or to the United States explaining the principles on which resolutions relative to his department have passed Congress, stating complaints that may have been urged against the government of any of the said states, or the subjects thereof, by the subjects of foreign powers, so that justice may be done agreeably to the laws of such State, or the charge proved to be groundless, and the honor of the government vindicated:
He shall receive the applications of all foreigners and others relative to his department, which are designed to be submitted to Congress, and direct advise the mode in which the memorials and evidence shall be stated in order to afford Congress the most comprehensive view of the subject, and if he conceives it necessary, accompany such memorial with his report thereon he may concert measures with the ministers or officers of foreign powers, amicably to procure the redress of private injuries, which any citizen of the United States may have received from a foreign power or the subjects thereof, making minutes of all his transactions relative thereto, and entering the letters at large which have passed on such occasionsand submitting them at all times to the inspection of Congress, or of such persons as they may appoint:
He shall report on all cases expressly referred to him for that purpose by Congress, and on all others touching his department, in which he may conceive it necessary:
And that he may acquire that intimate knowledge of the sentiments of Congress, which is necessary for his direction,
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he may at all times attend upon Congress, and particularly when the President of Congress shall summon him to attend shall particularly attend when summoned or ordered by the President]:1
[Note 1: 1 The words in brackets are in the writing of Nicholas Eveleigh.]
Struck out Resolved, That a seat be assigned him in Congress, which he shall take on the order of the house expressed either upon the motion of a member, or in consequence of his request in writing directed to the President. That when he shall have taken his seat, and not before, he shall be considered as officially in Congress, and may give information respecting his department, explain and answer objections to his reports, when under consideration, and state such questions as may be necessary for his information. He shall answer from his seat to such inquiries, respecting his department, as may be put from the chair, by order of Congress, and to questions stated in writing about matters of fact which lie within his knowledge, when put by the President at the request of a member, and not disapproved of by Congress. The answer to such questions may, at the option of the Secretary be delivered by him in writing.
He may give information to Congress respecting his department, explain and answer objections to his reports when under consideration, if required by a member and no objection be made by Congress: he shall answer to such enquiries respecting his department as may be put from the chair by order of Congress, and to questions stated in writing about matters of fact which lie within his knowledge, when put by the President at the request of a member, and not disapproved of by Congress; the answers to such questions may, at the option of the Secretary, be delivered by him in writing:2
[Note 2: 2 This paragraph is in the writing of William Ellery.]
He shall have free access to the papers and records of the United States, in the custody of their Secretary, or in the offices of finance and war or elsewhere; he may be furnished with copies, or take extracts therefrom, when he shall find it necessary in the execution of his office:
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He shall use means to obtain from the ministers and agents of the said United States in foreign countries, an abstract of their present state, their commerce, finances, naval and military strength, and the characters of sovereigns and ministers, and every other political information which may be useful to the United States:
All letters to sovereign powers, letters of credence, plans of treaties, conventions, manifestoes, instructions, passports, safe conducts, and other acts of Congress relative to the department of foreign affairs, when the substance thereof shall have been previously agreed to in Congress, shall be reduced to form in the office of foreign affairs, and submitted to the opinion of Congress, and when passed, signed and attested, sent to the office of foreign affairs to be countersigned and forwarded,
If an original paper is of such a nature as cannot be safely transmitted without cyphers, a copy in cyphers, signed by the Secretary for the department of foreign affairs, shall be considered as authentic, and the ministers of the United States at foreign courts may govern themselves thereby in the like manner as if the originals had been transmitted.
And for the better execution of the duties hereby assigned him, he is authorised to appoint an assistant a secretary and clerk [and one, or if necessary, more clerks, to assist him in the business of his office.]1
[Note 1: 1 The words in brackets are in the writing of Charles Thomson in the report.]
An Interpreter shall also be annexed to this Department to be appointed by Congress, who besides the duties required of him by the Secretary for Foreign Affairs, shall serve when required as interpreter to the United States in Congress their Respective Boards, and the Court of Appeals.
Resolved, That the salaries annexed to this department shall be as follows:
To the Secretary of the United States for the department of foreign affairs, and the contingent expences of his office
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[the sum of four thousand dollars per annum, exclusive of office expences,]1 to commence from the first day of October last:
[Note 1: 1 The words in brackets are in the writing of Charles Thomson in the report.]
to the assistantdollars; to the secretary one thousand dollars per annum: to the interpreterdollars; to the clerks each five hundred dollars per annum.
Resolved, That the Secretary for the department of foreign affairs, and each of the persons employed under him, shall take an oath before the President of Congress [a judge of the State where Congress shall sit,] for the faithful discharge of their respective trusts, and an oath of fidelity to the United States before they enter upon office.2
[Note 2: 2 The words in brackets are in the writing of Nicholas Eveleigh.]
Resolved, That the act of the 10th day of January, 1781, respecting the department of foreign affairs, be, and hereby is repealed.3
[Note 3: 3 The last paragraph is in Charles Thomson's writing in the report. The report, in the writing of a clerk, except as indicated, is in the Papers of the Continental Congress, No. 25, II, folio 63.
The resolutions respecting the Department of Foreign Affairs were also entered in the manuscript; Secret Journal, Foreign Affairs.]
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