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TREATIES, &c.

CHAPTER I.

PRELIMINARY REMARKS. CONFEDERATION, &c.

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-Address of letters-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—Private instructions to Ministers— Gold Medal for Foreign Ministers-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 September '74, in Philadelphia. The meeting was convened on the proposition of the Province of Massachusetts. Bay; and was annually renewed by a vote of the Congress

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itself, till 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 were authorised 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 non-consumption 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

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