James Madison Papers

Report on Secretary for Foreign Affairs, [18 September] 1782

Report on Secretary for Foreign Affairs

MS (NA: PCC, No. 25, II, 131–34). In JM’s hand. Docketed: “No 52 Report of the Committee appointed to enquire into the proceedings of the Department of Foreign affairs. Read Sept 18. 1782 Entd. Mr. Madison Mr. Izard Mr. Witherspoon Mr. [George] Clymer [Pa.].” Of this note JM wrote the portion after “52” and before “Read”; Charles Thomson wrote the rest.

[18 September 1782]

The Committee* appointed to enquire into the proceedings of the Secretary for the department of foreign affairs,1 Report,

That they have in pursuance of their appointment enquired fully into the proceedings of the said Department from the institution thereof2 down to the 1st. day of July last:

That it appeared to the Committee that comformably to the duty assigned to the said Secy.3 in the second clause of the Act which models his Department,4 a proper attention has been given to the custody & arrangement of the books and papers belonging to it; of which books & papers a list5 is herewith laid before Congress.

That in discharge of the other duties assigned to the said Secretary in the act above referred to,6 and in subsequent resolutions of Congress,7 the following letters have been written by him;8

I    Letters to the Ministers of the U. States and others in foreign parts:

To the Minister Plenipo: at the Court of Versailles 14 letters dated

Octr. 20, 24, 1781; Novr. 24, 26, 1781; Decr. 16, 1781; Jany. 7, 23, 26, 1782; Feby. 13, 1782; March 9, 1782; May 22, 30, 1782; June 23, 1782; July 5, 1782.9

To the Minister Plenipo: at the Court of Madrid 10 letters, dated

Novr. 1, 28, 1781; Decr. 13, 1781; Feby. 2, 1782; March 8, 1782; Apr. 16, 27, 28, 1782; May 9, 1782; June 23, 1782.10

To the Minister Plenipo: at the Hague, 8 letters dated

Ocr. 23 & 24, 1781; Novr. 1, 20, 1781; Decr. 26, 1781; Jany. 9, 1782; March 5, 1782; May 22, 29, 30, 1782.11

To the Minister at the Court of Petersburg, 5 letrs. dated

Ocr. 22, 1781; March 2, 1782; May 10, 22, 29, 1782.12

To the Secy. to the Legation at Madrid 2. letters dated

Decr. 20, 1781; May 1, 1782.13

To the Consul for France 4 letters dated

Novr. 28, 1781; Apl. 19, 1782; May 29, 31, 1782.14

To the Agent at the Havannah 1 letter dated

Feby. 26, 1782.15

To Mr. Dumas 1 dated

Novr. 28, 1781.16

To Messrs. de Neuville & Son 1, dated

Decr. 27, 1781.17

To Mr. Harrison at Cadiz, 3 dated

Decr. 20, 1781; Feby. 13, 1782; May 21, 1782.18

To Saml. Parsons at Martinique 1 letter dated

Jany. 12, 1782.19

These letters consist chiefly

1. of a communication of political and military occurr[en]ces within the U. States:

2. of resolutions and instructions of Congress:

3. hints relative to the pr[o]ceedings of those to whom t[he] letters were respectively addressed:

4. request of political information relative to the countries in which they re[s]pectively reside.

II    To the Minister Plenipotentiary of France 13 letters dated,

Ocr. 24, 1781; Novr. 2, 6, 21, 1781; Decr. 10, 21, 1781; Jany. 19, 31, 1782; Feby. 20, 1782; May 8, 9, 1782; June 7, 1782; 2 notes dated May 12, 1782; July 3, 1782.20

Some of these letters and notes inclosed resolutions of Congress; others related to the cases and applications of Foreigners, and other matters within the Department of foreign affairs.

III    To the Governours and Presidents of the States, letters of the following dates and on the following subjects,

(Circular) Novr. 12. 1781. requesting an authenticated state of damages sustained from the enemy.

(Circular) Feby. 18. 1782. inclosing resolutions of Congress touching a Consular Convention with France, and requesting authenticated documents respecting territorial claims, in pursuance of directions of Congress.

(Circular) Feby. 19. 1782. transmitting in pursuance of the direction of Congress communications made to them by the Minister Plenipotentiary of France.

(Circular) May. 2. 1782. communicating in pursuance of directions of Congress, the refusal of the British Court to accede to the Mediation of the Courts of Vienna and Petersburg: and urging the necessity of vigorous preparations for the war.21

(Circular) May. 9. 1782. announcing the birth of a Dauphin in pursuance of the direction of Congress.22

To the Govr. of Connecticut, Jany. 22. 1782. inclosing copies of certain letters from S. Deane in pursuance of the direction of Congress.

To the same. June 12. 1782. on the subject of the said Governor’s answer to a letter from S. Deane.23

To the Governour of S. Carolina. Feby. 19. 1782. communicating intelligence received from Mr. Harrison at Cadiz.24

Upon the whole the Committee report that the business of this Department appears to have been conducted with much industry, attention and utility; and without any errors or defects worthy of being taken notice of to Congress. Such improvements and alterations in the general plan of the business as were judged by the Committee proper they have taken the liberty of suggesting to the Secretary in the course of their enquiry.25 As far as these suggestions can be of use, the Committee have no doubt that they will be attended to.26

1On 2 July 1782 Congress had appointed John Lowell and the delegates named in the headnote as the members of this committee (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 370). See also Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , IV, 335; 344, and n. 5. Having been granted a leave of absence by Congress on 2 August, Lowell left Philadelphia three days later to go to Boston (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 427; Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VI, 412). JM interlineated “Secretary for the,” probably for the reason suggested in n. 2.

2Judging from the date of the earliest dispatch listed in this report, the committee decided that the “institution” of the department began on 20 October 1781, when Robert R. Livingston took the oath of office as secretary for foreign affairs, rather than 10 January 1781, when Congress had resolved to establish the department (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIX, 42–44; XXI, 851–52, 1028; George Dangerfield, Chancellor Robert R. Livingston of New York, 1746–1813 [New York, 1960], p. 143).

3JM interlineated “said” before, and deleted “of the said Department” after, “Secy.”

4JM here refers to “the second clause” of the act of 22 February 1782, which superseded the act of 10 January 1781, mentioned in n. 2, above (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 88).

5Although JM itemized the outgoing dispatches chronologically under the name of each addressee, the “List of the Books and Papers kept in the office of foreign affairs” is in another hand, probably a clerk’s. The docket, written by JM, reads, “List of books and papers referred to in the report of the Committee appointed to inquire into the proceedings of the Department of F. affairs.” This “List” appears to have been considered by the committee, by Congress, and by Charles Thomson, its secretary, as a supporting document rather than as an integral part of the report. In the main, the list is an analysis of the department’s filing system, giving the title of each “book” and the contents of each “box” in which the records were kept (NA: PCC, No. 25, II, 73; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIII, 589–90, n. 1).

6That is, the ordinance of 22 February 1782 (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 87–92).

7For example, see JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 100–101, 105.

8Although JM allotted a full line to each letter, the editors, to conserve space, have punctuated the dates, omitted the “do.” (ditto), frequently used by JM to save repeating the month or year in his columns, and grouped the correspondence in blocks under the names of the addressees.

9For these letters to Benjamin Franklin, see Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , IV, 795–97, 809–10, 868–69; V, 4–7, 53–54, 87–94, 123–26, 135, 160–61, 232, 434–35, 501–2, 595.

10For all except one of these letters to John Jay, see ibid., IV, 814–16; V, 29–30, 44–45, 144–46, 229–30, 332–35, 377, 404–7, 502–3. The letter of 16 April 1782 is in NA: PCC, No. 118, fols. 136–44.

11For the letters to John Adams, see Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , IV, 806–9 (Livingston wrote on 23 and 24 October and 1 November 1781 in a single letter), 849–51; V, 73–74, 96–97, 219–22, 433–34, 447–48, 459–60.

12For the letters to Francis Dana, see ibid., IV, 802–5; V, 209–13, 411–14, 436, 446–47.

13For the letters to William Carmichael, see ibid., V, 65–66, 383–84.

14For the letters to Thomas Barclay, consul for France, see NA: PCC, No. 118, fols. 46–47, 134–35, 203–4, 213–14.

15See Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , V, 203–4. On 27 June 1781, at Robert Morris’ suggestion, Robert Smith (d. 1783), a merchant in Havana, had been appointed by Congress to be its unsalaried agent there (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 705; XXIV, 362–63). Morris hoped that Smith could assist in selling American flour and other commodities in Cuba for much needed specie (Ellis Paxson Oberholtzer, Robert Morris: Patriot and Financier [New York, 1903], pp. 99–100, 169; Clarence L. Ver Steeg, Robert Morris, p. 69). Following about sixteen months as an officer in the 2d and 4th regiments of North Carolina, successively, Smith had served as a captain of the 3d Continental Dragoons from 9 January 1777 until he resigned on 4 November of the next year (Heitman, Historical Register Continental description begins F. B. Heitman, Historical Register of Officers of the Continental Army during the War of the Revolution (Washington, 1914). description ends , p. 506).

16See Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , V, 30–32. Charles Guillaume Frédéric Dumas (d. 1796) of German nativity, French ancestry, and Dutch residence, was a philosophe especially interested in international law. From the outset of the Revolution, he had been an enthusiastic supporter of the American cause. Soon after Benjamin Franklin reached Paris on 21 December 1776, he employed his friend Dumas at The Hague in various public services, including assisting John Paul Jones to outfit his warships. In 1782, while negotiating a treaty of amity and commerce with the Netherlands, John Adams welcomed Dumas’ help as a secretary and translator. During Adams’ stay in Paris as a peace commissioner, Dumas was nominally the American chargé d’affaires at The Hague.

Although provided by Franklin with a small annual stipend, Dumas had much reason for protesting, in a letter of 10 May 1782 to Livingston, that his “faithful and painful labor” for over six years, at the cost of “great persecutions, mortifications, losses, and sacrifices” had been inadequately recognized by the United States. On 16 September 1782 Congress referred a proposal of salary for Dumas to a committee of which JM was chairman, but it was 14 October 1785 before Dumas was promised an annual stipend of $1,300, made retroactive to 19 April 1775 and prospective until revoked by Congress. The payment of this salary was often far in arrears, at least as late as 1789 (Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , I, 603; II, 80–89, 305–6, 545–46, 580; III, 452, 549, 565–68; V, 392–93, 408–10, 421, 513, 776–78; Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , III, 242, and n. 5; V, 252–53; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 472; XXII, 2, n. 2; 260; XXIII, 583, 792, 814; XXIX, 835; L[yman] H. Butterfield et al., eds., Diary and Autobiography of John Adams [4 vols.; Cambridge, Mass., 1961], III, 9–10 n.).

17NA: PCC, No. 118, fols. 68–70. From 1778 until 1781, Jean de Neufville and Son, a mercantile company at Amsterdam, had transacted much business for the United States to the satisfaction of Franklin, Adams, and Congress (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIII, 219–35; XVIII, 1072, 1179–81; XX, 554; Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , IV, 15, 452; Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , III, 103; 106, n. 11). Complaining in November 1781 that the interest and commission charges of the firm were exorbitant, Franklin thereafter seems to have dispensed with its services (Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , V, 8–10, 46–48, 707).

18Ibid., V, 430–31; NA: PCC, No. 118, fols. 62–63, 105. For Richard Harrison, see Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , II, 53, n. 2; III, 105, n. 9; IV, 383, and n. 5.

19See NA: PCC, No. 118, fols. 87–88. Before William Bingham left St. Pierre, Martinique, on 30 March 1780 to return to Philadelphia, he persuaded Parsons, Alston and Company to assume his duties as continental agent, pending decision by Congress about his successor. Until the firm dissolved on 31 October, as a result of its heavy losses in a hurricane, it frequently supplied Congress with military and economic information relating to the Caribbean. For seven months thereafter, Parsons alone continued this practice. In a letter of 14 July 1781, again requesting appointment as an agent, he added that Congress had not honored his firm or him with an acknowledgment of any of their communications (NA: PCC, No. 90, I, 232–35, 237–38, 323, 372–73). On 2 July 1782 Congress decided against having a consul in Martinique and directed Robert Morris to settle accounts with Parsons and his former company (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 367–68).

20These letters, excepting those of 10 December 1781 and 31 January 1782, and one of the notes of 10 May 1782, are printed in Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , IV, 809, 817, 832–33, 853–54; V, 67, 122, 190–91, 399, 401, 414, 481–82, 591. The dispatch of 10 December 1781 has not been found, but La Luzerne acknowledged its receipt the next day (ibid., V, 41). JM neglected to list a letter of 24 January (ibid., V, 126–27). The letter of 31 January, along with one of the notes of 12 May 1782, is apparently lost.

21For these circulars, see ibid., IV, 839; V, 179–80, 181–84, 393–95.

22Although a retained copy of this brief circular apparently is not in the PCC, it is printed in Pennsylvania Archives description begins Samuel Hazard et al., eds., Pennsylvania Archives (9 ser., 138 vols.; Philadelphia and Harrisburg, 1852–1949). description ends , 1st ser., IX, 544–45. See also Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , IV, 212–13; 214, n. 9.

23For the letters to Governor Jonathan Trumbull, see Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , V, 123, 488; Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , IV, 41, n. 11.

24Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , V, 180.

25These suggested “improvements and alterations” appear to have been oral. The passage between “business” and “they” originally read, “which in particular instances, as were judged by the Committee applicable.”

26After accepting the report without a division, Congress routinely consigned it to Charles Thomson for filing (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 476; XXIII, 586–89).

Authorial notes

[The following note(s) appeared in the margins or otherwise outside the text flow in the original source, and have been moved here for purposes of the digital edition.]

* Mr. Lowel one of the Committee having left Congress before the inquiry was completed is not to be considered as a party to this report.

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