A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.

by Unknown

EXECUTIVE ORDERS.

[From Sparks's Washington, Vol. X, pp. 11-12.]

NEW YORK, June 8, 1789.

SIR:[177] Although in the present unsettled state of the Executive Departments under the Government of the Union I do not conceive it expedient to call upon you for information officially, yet I have supposed that some informal communications from the Office of Foreign Affairs might neither be improper nor unprofitable. Finding myself at this moment less occupied with the duties of my office than I shall probably be at almost any time hereafter, I am desirous of employing myself in obtaining an acquaintance with the real situation of the several great Departments at the period of my acceding to the administration of the General Government. For this purpose I wish to receive in writing such a clear account of the Department at the head of which you have been for some years past as may be sufficient (without overburthening or confusing the mind, which has very many objects to claim its attention at the same instant) to impress me with a full, precise, and distinct general idea of the affairs of the United States so far as they are comprehended in or connected with that Department.

As I am now at leisure to inspect such papers and documents as may be necessary to be acted upon hereafter or as may be calculated to give me an insight into the business and duties of that Department, I have thought fit to address this notification to you accordingly.

I am, etc.,

GO. WASHINGTON.

[From American State Papers, Indian Affairs, Vol. I, pp. 96-97.]

INSTRUCTIONS FROM THE PRESIDENT OF THE UNITED STATES TO THE GOVERNOR OF THE WESTERN TERRITORY—6TH OCTOBER, 1789.

ARTHUR ST. CLAIR, Esq.,

Governor of the Territory of the United States Northwest of the Ohio and Superintendent of Indian Affairs for the Northern District.

SIR: Congress having by their act of the 29th of September last empowered me to call forth the militia of the States, respectively, for the protection of the frontiers from the incursions of the hostile Indians, I have thought proper to make this communication to you, together with the instructions herein contained.

It is highly necessary that I should as soon as possible possess full information whether the Wabash and Illinois Indians are most inclined for war or peace. If for the former, it is proper that I should be informed of the means which will most probably induce them to peace. If a peace can be established with the said Indians on reasonable terms, the interests of the United States dictate that it should be effected as soon as possible.

You will therefore inform the said Indians of the dispositions of the General Government on this subject and of their reasonable desire that there should be a cessation of hostilities as a prelude to a treaty. If, however, notwithstanding your intimations to them, they should continue their hostilities or meditate any incursions against the frontiers of Virginia and Pennsylvania or against any of the troops or posts of the United States, and it should appear to you that the time of execution would be so near as to forbid your transmitting the information to me and receiving my further orders thereon, then you are hereby authorized and empowered in my name to call on the lieutenants of the nearest counties of Virginia and Pennsylvania for such detachments of militia as you may judge proper, not exceeding, however, 1,000 from Virginia and 500 from Pennsylvania.

I have directed letters to be written to the executives of Virginia and Pennsylvania informing them of the before-recited act of Congress and that I have given you these conditional directions, so that there may not be any obstructions to such measures as shall be necessary to be taken by you for calling forth the militia agreeably to the instructions herein contained.

The said militia to act in conjunction with the Federal troops in such operations, offensive or defensive, as you and the commanding officer of the troops conjointly shall judge necessary for the public service and the protection of the inhabitants and the posts.

The said militia while in actual service to be on the continental establishment of pay and rations. They are to arm and equip themselves, but to be furnished with public ammunition if necessary; and no charge for the pay of said militia will be valid unless supported by regular musters, made by a field or other officer of the Federal troops, to be appointed by the commanding officer of the troops.

I would have it observed forcibly that a war with the Wabash Indians ought to be avoided by all means consistently with the security of the frontier inhabitants, the security of the troops, and the national dignity. In the exercise of the present indiscriminate hostilities it is extremely difficult, if not impossible, to say that a war without further measures would be just on the part of the United States.

But if, after manifesting clearly to the Indians the dispositions of the General Government for the preservation of peace and the extension of a just protection to the said Indians, they should continue their incursions, the United States will be constrained to punish them with severity.

You will also proceed, as soon as you can with safety, to execute the orders of the late Congress respecting the inhabitants at St. Vincennes and at the Kaskaskias and the other villages on the Mississippi. It is a circumstance of some importance that the said inhabitants should as soon as possible possess the lands to which they are entitled by some known and fixed principles.

I have directed a number of copies of the treaty made by you at Fort Harmar with the Wyandots, etc., on the 9th of January last to be printed and forwarded to you, together with the ratification and my proclamation enjoining the observance thereof.

As it may be of high importance to obtain a precise and accurate knowledge of the several waters which empty into the Ohio on the northwest and of those which discharge themselves in the Lakes Erie and Michigan, the length of the portages between, and nature of the ground, an early and pointed attention thereto is earnestly recommended.

Given under my hand, in the city of New York, this 6th day of October, A.D. 1789, and in the thirteenth year of the Sovereignty and Independence of the United States.

Go. WASHINGTON.

[From The Freeman's Journal; or, The North American Intelligencer, Philadelphia, October 21, 1789.]

CONGRESS OF THE UNITED STATES.

AN ACT providing for the payment of the invalid pensioners of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military pensions which have been granted and paid by the States, respectively, in pursuance of the acts of the United States in Congress assembled, to the invalids who were wounded and disabled during the late war shall be continued and paid by the United States from the 4th day of March last for the space of one year under such regulations as the President of the United States may direct.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.

JOHN ADAMS,
Vice-President of the United States and President of the Senate.

Approved, September 29, 1789.

Go. WASHINGTON,
President of the United States.

WAR OFFICE, October 13, 1789.

In pursuance of the above-recited law, information is hereby given to all the invalid pensioners of the United States that the amount of one year's pension from the 4th day of March last will be paid to them or their attorneys, respectively, in two equal payments, the first of which will be made on the 5th day of March, 1790, and the second on the 5th day of June following, at such places in each State and by such persons as shall hereafter in due season be publicly made known.

The payments will be made according to the following regulations, to wit:

The returns which have been or shall be made to the Secretary for the Department of War by the several States of the pensions which have been granted and paid by them, respectively, will, together with the vouchers herein required, be considered as the evidence whereon the payments are to be made.

Every application for payment must be accompanied by the following vouchers:

First. The certificate given by the State, specifying that the person possessing it is in fact an invalid and ascertaining the sum to which as such he is annually entitled.

Secondly. An affidavit agreeably to the following form, to wit:

A.B. came before me, one of the justices for the county of ——, in the State of ——, and made oath that he is the same A.B. to whom the original certificate in his possession was given, of which the following is a copy: [The certificate given by the State to be recited.]

That he served in —— [regiment or vessel] at the time he was disabled, and that he now resides in the —— and county of ——, and has resided there for the last —— years, previous to which he resided in ——.

In case an invalid should apply for payment by an attorney the said attorney must, besides the certificate and oath before recited, produce a special letter of attorney agreeably to the following form:

I, A.B., of ——, county of ——, State of ——, do hereby constitute and appoint C.D., of ——, my lawful attorney to receive in my behalf —— [the first or second moiety] of my annual pension as an invalid of the United States from the 4th day of March, 1789.

In testimony whereof I have hereunto set my hand and seal this ——.

Signed and sealed in the presence of —— ——.

Acknowledged before me —— ——.

Applications of executors or administrators must be accompanied with legal evidence of their respective offices and also the time the invalid died whose pension they may claim.

By command of the President of the United States of America:

H. KNOX,
Secretary for the Department of War.

[From Annals of Congress, Second Congress, 1247-1248.]

George Washington, President of the United States of America, to the Secretary of the Treasury for the time being:

By virtue of the several acts, the one entitled "An act making provision for the debt of the United States" and the other entitled "An act making provision for the reduction of the public debt," I do hereby authorize and empower you, by yourself or any other person or persons, to borrow on behalf of the United States, within the said States or elsewhere, a sum or sums not exceeding in the whole $14,000,000, and to make or cause to be made for that purpose such contract or contracts as shall be necessary and for the interest of the said States, subject to the restrictions and limitations in the said several acts contained; and for so doing this shall be your sufficient warrant.

In testimony whereof I have caused the seal of the United States to be hereunto affixed.

[SEAL.]

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.

By the President:
TH: JEFFERSON.

[From Annals of Congress, Second Congress, 1249-1250.]

George Washington, President of the United States of America, to the Secretary of the Treasury for the time being:

Having thought fit to commit to you the charge of borrowing on behalf of the United States a sum or sums not exceeding in the whole $14,000,000, pursuant to the several acts, the one entitled "An act making provision for the debt of the United States," the other entitled "An act making provision for the reduction of the public debt"—

I do hereby make known to you that in the execution of the said trust you are to observe and follow the orders and directions following, viz: Except where otherwise especially directed by me you shall employ in the negotiation of any loan or loans which may be made in any foreign country William Short, esq. You shall borrow or cause to be borrowed, on the best terms which shall be found practicable (and within the limitations prescribed by law as to time of repayment and rate of interest), such sum or sums as shall be sufficient to discharge as well all installments or parts of the principal of the foreign debt which now are due or shall become payable to the end of the year 1791 as all interest and arrears of interest which now are or shall become due in respect to the said debt to the same end of the year 1791; and you shall apply or cause to be applied the moneys which shall be so borrowed with all convenient dispatch to the payment of the said installments and parts of the principal and interest and arrears of the interest of the said debt. You shall not extend the amount of the loan which you shall make or cause to be made beyond the sum which shall be necessary for completing such payment unless it can be done upon terms more advantageous to the United States than those upon which the residue of the said debt shall stand or be; but if the said residue or any part of the same can be paid off by new loans upon terms of advantage to the United States you shall cause such further loans as may be requisite to that end to be made and the proceeds thereof to be applied accordingly. And for carrying into effect the objects and purposes aforesaid I do hereby further empower you to make or cause to be made with whomsoever it may concern such contract or contracts, being of a nature relative thereto, as shall be found needful and conducive to the interest of the United States.

If any negotiation with any prince or state to whom any part of the said debt may be due should be requisite, the same shall be carried on through the person who in capacity of minister, chargé d'affaires, or otherwise now is or hereafter shall be charged with transacting the affairs of the United States with such prince or state, for which purpose I shall direct the Secretary of State, with whom you are in this behalf to consult and concert, to cooperate with you.

Given under my hand, at the city of New York, this 28th day of August, A.D. 1790.

Go. WASHINGTON.

[From Annals of Congress, Second Congress, 1046.]

UNITED STATES, January 16, 1792.

The SECRETARY FOR THE DEPARTMENT OF WAR.

SIR: As the circumstances which have engaged the United States in the present Indian war[178] may some of them be out of the public recollection and others perhaps be unknown, it may appear advisable that you prepare and publish from authentic documents a statement of those circumstances, as well as of the measures which have been taken from time to time for the reestablishment of peace and friendship.

When the community are called upon for considerable exertions to relieve a part which is suffering under the hand of an enemy, it is desirable to manifest that due pains have been taken by those intrusted with the administration of their affairs to avoid the evil.

Go. WASHINGTON.

[From Annals of Congress, Sixth Congress, 1335.]

SEPTEMBER 29, 1792.

The President of the United States doth hereby order and direct that any lot or lots in the city of Washington may, after the public sale to commence on the 8th day of October, be sold and agreed for by the commissioners, or any two of them, at private sale for such price and on such terms as they may think proper.

Go. WASHINGTON.

[From Sparks's Washington, Vol. X, pp. 546-548.]

RULES ADOPTED BY THE CABINET AS TO THE EQUIPMENT OF VESSELS IN THE PORTS OF THE UNITED STATES BY BELLIGERENT POWERS, AND PROCEEDINGS ON THE CONDUCT OF THE FRENCH MINISTER.

AUGUST 3, 1793.

1. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties for military service, offensive or defensive, is deemed unlawful.

2. Equipments of merchant vessels by either of the belligerent parties in the ports of the United States purely for the accommodation of them as such is deemed lawful.

3. Equipments in the ports of the United States of vessels of war in the immediate service of the Government of any of the belligerent parties which if done to other vessels would be of a doubtful nature, as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people, or property of France coming with their prizes into the ports of the United States pursuant to the seventeenth article of our treaty of amity and commerce with France.

4. Equipments in the ports of the United States by any of the parties at war with France of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature, as being applicable either to commerce or war, are deemed lawful, except those which shall be made prize, etc.

5. Equipments of any of the vessels of France in the ports of the United States which are doubtful in their nature, as being applicable to commerce or war, are deemed lawful.

6. Equipments of every kind in the ports of the United States of privateers of the powers at war with France are deemed lawful.

7. Equipments of vessels in the ports of the United States which are of a nature solely adapted to war are deemed unlawful, except those stranded or wrecked, as mentioned in the eighteenth article of our treaty with France, the sixteenth of our treaty with the United Netherlands, the ninth of our treaty with Prussia, and except those mentioned in the nineteenth article of our treaty with France, the seventeenth of our treaty with the United Netherlands, the eighteenth of our treaty with Prussia.

8. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist their own subjects or citizens, not being inhabitants of the United States, except privateers of the powers at war with France and except those vessels which shall have made prize, etc.

The foregoing rules having been considered by us at several meetings and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

RESTITUTION OF PRIZES

AUGUST 5, 1793.

That the minister of the French Republic be informed that the President considers the United States as bound, pursuant to positive assurances given in conformity to the laws of neutrality, to effectuate the restoration of or to make compensation for prizes which shall have been made of any of the parties at war with France subsequent to the 5th day of June last by privateers fitted out of their ports.

That it is consequently expected that he will cause restitution to be made of all prizes taken and brought into our ports subsequent to the above-mentioned day by such privateers, in defect of which the President considers it as incumbent upon the United States to indemnify the owners of those prizes, the indemnification to be reimbursed by the French nation.

That besides taking efficacious measures to prevent the future fitting out of privateers in the ports of the United States they will not give asylum therein to any which shall have been at any time so fitted out, and will cause restitution of all such prizes as shall be hereafter brought within their ports by any of the said privateers.

That instructions be sent to the respective governors in conformity to the above communication.

The foregoing having been duly considered, and being now unanimously approved, they are submitted to the President of the United States.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

CONCERNING THE CONDUCT OF THE FRENCH MINISTER.

At a meeting of the heads of Departments and the Attorney-General at the President's on the 1st and 2d of August, 1793, on a review of the whole of M. Genet's correspondence and conduct, it was unanimously agreed that a letter should be written to the minister of the United States at Paris stating the same to him, resuming the points of difference which had arisen between the Government of the United States and M. Genet, assigning the reasons for the opinions of the former and desiring the recall of the latter; and that this letter, with those which have passed between M. Genet and the Secretary of State, and other necessary documents, shall be laid by Mr. Morris before the Executive of the French Government.

At a meeting of the same at the President's August 15 the rough draft of the said letter, having been prepared by the Secretary of State, was read for consideration, and it was agreed that the Secretary of the Treasury should take measures for obtaining a vessel, either by hire or purchase, to be sent to France express with the dispatches when ready.

At a meeting of the same at the President's August 20 the said letter was read and corrected by paragraphs, and finally agreed to.

At a meeting of the same at the President's August 23 it was agreed that the preceding letter should bear the date of the last document which is to accompany it, to wit, August 16; and the draft of a second letter to our minister at Paris was read and unanimously approved, and to bear date this day.

Sealed and signed, this 23d day of August, 1793.

THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
EDMUND RANDOLPH.

[From the original, Department of State.]

PHILADELPHIA, August 4, 1793.

The SECRETARY OF STATE.

SIR: If the heads of Departments and the Attorney-General, who have prepared the eight rules which you handed to me yesterday, are well satisfied that they are not repugnant to treaties or to the laws of nations, and, moreover, are the best we can adopt to maintain neutrality, I not only give them my approbation, but desire they may be made known without delay for the information of all concerned.

The same expression will do for the other paper, which has been subscribed as above and submitted to my consideration, for restoring or making restitution of prizes under the circumstances therein mentioned.

It is proper you should be informed that the minister of France intends to leave this city for New York to-morrow, and not amiss, perhaps, to know that in mentioning the seasonable aid of hands which the Ambuscade received from the French Indiaman the day preceding her meeting the Boston he added that seamen would no longer be wanting, as he had now 1,500 at his command. This being the case (although the allusion was to the subject he was then speaking upon), some of these men may be employed in the equipment of privateers other than those now in existence, as the right of fitting out such in our ports is asserted in unequivocal terms.

Was the propriety of convening the Legislature at an earlier day than that on which it is to assemble by law considered yesterday?

The late decree of the National Convention of France, dated the 9th of May, authorizing their ships of war and armed vessels to stop any neutral vessel loaded in whole or part with provisions and send them into their ports, adds another motive for the adoption of this measure.

Go. WASHINGTON.

[From Annals of Congress, Seventh Congress, second session, 746-747.]