The Secretary of the United States for the Department of foreign Affairs, to whom was referred his Letter of 8th. December last to his Excelly. the President with two Commissions from his britannic Majesty dated the 5th. Day of April last, the one constituting Phineas Bond Esqr. his Consul for New York, New Jersey Pensylvania, Delaware and Maryland, the other constituting him his Majesty’s Commissary for commercial Affairs throughout the United States

Reports

That as his britannic Majesty has no Treaty of Commerce with the United States, the Admission of his Consuls and Commissaries by them, is Matter of Favor and not of Right, and therefore that the Propriety of granting it must turn on Considerations of Expediency.—

Your Secretary perceives one Objection which operates against the Admission both of the Consul and Commissary in Question, Vizt. That it will add to the Number of official Foreigners in this Country, who considering the present State of our Commerce serve too much to watch and to circumscribe it.—

How far Britain may have a Right to expect this Mark of Respect and Civility from the United States, is a Question, respecting which Prejudices rather too strong, and Opinions not sufficient examined, seem to be entertained by many of our Citizens. Your Secretary has (he thinks with Candor and Impartiality) investigated the Causes of the Complaints subsisting between the two Countries, and he would not be candid were he not to confess that in his Opinion Britain has more Reason to complain of the United States than the United States of Britain since the Peace. He is happy in the Reflection that he serves a Government to whom he can reveal this Opinion without Offence, and only regrets that Facts oblige him to entertain it.—

When he considers that it is the Interest of this Country to be on good Terms with Britain, and how little Advantage can result from cherishing the Irritation which subsists between them, he thinks it would be wise to avoid Asperities, and by some Acts of good Humor on our part cultivate the like Disposition on theirs.—

He finds that all our commercial Treaties provide for the Reception both of Consuls and Commissaries &ca. by express Articles. The french one adds these Words [in margin 29. Art:] “whose Functions shall be regulated by a particular Agreement.” The Dutch one adds these Words [in margin 21 Art:] “whose Functions shall be regulated by particular Agreements, when either Party chooses to make such Appointments.” The Swedish one adds these Words [in margin 26. Art:] “whose Functions shall be regulated by a particular Convention.” The Prussian one adds these Words [in margin 25. Art:] “whose Functions shall be regulated by particular Agreement whenever either Party shall choose to make such Appointment.”—

Your Secretary conceives that according to the true Sense and Construction of all these Treaties and Articles, the United States are not bound to receive any Consuls or Commissaries until after their Powers shall have been ascertained by Agreement.—

Although the United States have already received Consuls without such previous Agreement and thereby set a Precedent for receiving more, yet they have not received a Single Commissary, and therefore may with Propriety refuse to receive any without such previous and preparatory Convention. And in the Opinion of your Secretary it will be best not to receive any Commissaries from any Nation on other Terms.—

If those Ideas should be approved then he thinks it would be well to Resolve as follows

Whereas Phineas Bond Esqr. has presented to the United States in Congress assembled a Commission in due Form bearing Date the 5th. April 1786 from his britannic Majesty constituting and appointing him the Consul of his said Majesty in the States of New York, New Jersey, Pensylvania, Delaware and Maryland, and although no commercial Treaty or Convention subsists between his Majesty and the United States, whereby either have a perfect Right to establish Consuls or Commissaries in the Dominions of the other, Yet as the United States are disposed by every proper Mark of Liberality and Attention to promote a good Correspondence between the two Countries, and particularly as amicable Negociations are now depending between them—Therefore

Resolved that the said Phineas Bond Esqr. be and he hereby is received and recognized as the Consul of his britannic Majesty throughout the States of New York, New Jersey, Pensylvania, Delaware and Maryland, and that his Commission be registered in the Secretary’s Office.—

Resolved that all the Privileges, Pre-eminences and Authority which the Laws of Nations and of the Land give to a Consul received by the United States from any Nation with whom they have no commercial Treaty or Convention, are due to and Shall be enjoyed by the said Phineas Bond as Consul for the five States abovementioned, and that certified Copies of these Resolutions be transmitted to the Executives of the said five States for their Information.—

With Respect to Mr. Bonds other Commission constituting him a Commissary for commercial Affairs, your Secretary observes that Commissions of this kind are not usual. That the precise Limits of the Authority conferred by it are not easy to ascertain—that the Power it gives him in these Words, Vizt. “to protect our Merchants and others our Subjects trading to or residing in the said States, or that may have Pretensions depending therein” is a Power that seems to place him in the Capacity of a Minister in those Respects, and in the Exercise of which it is not improbable that he will make official Applications to Congress. Your Secretary suspects that this Appointment was made to supply in some Sort the place of a Minister; and in his Opinion it will be most prudent not to let it take Effect.—