SPECIAL MESSAGES.

NEW YORK, May 25, 1789.

Gentlemen of the Senate:

In pursuance of the order of the late Congress, treaties between the United States and several nations of Indians have been negotiated and signed. These treaties, with sundry papers respecting them, I now lay before you, for your consideration and advice, by the hands of General Knox, under whose official superintendence the business was transacted, and who will be ready to communicate to you any information on such points as may appear to require it,

GEORGE WASHINGTON.

NEW YORK, June 11, 1789.

Gentlemen of the Senate:

A convention between His Most Christian Majesty and the United States, for the purposes of determining and fixing the functions and prerogatives of their respective consuls, vice-consuls, agents, and commissaries, was signed by their respective plenipotentiaries on the 29th of July, 1784.

It appearing to the late Congress that certain alterations in that convention ought to be made, they instructed their minister at the Court of France to endeavor to obtain them.

It has accordingly been altered in several respects, and as amended was signed by the plenipotentiaries of the contracting powers on the 14th of November, 1788.

The sixteenth article provides that it shall be in force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides within the space of one year, or sooner if possible.

I now lay before you the original by the hands of Mr. Jay for your consideration and advice. The papers relative to this negotiation are in his custody, and he has my orders to communicate to you whatever official papers and information on the subject he may possess and you may require.

GEORGE WASHINGTON.

NEW YORK, June 15, 1789.

Gentlemen of the Senate:

Mr. Jefferson, the present minister of the United States at the Court of France, having applied for permission to return home for a few months, and it appearing to me proper to comply with his request, it becomes necessary that some person be appointed to take charge of our affairs at that Court during his absence.

For this purpose I nominate William Short, esq., and request your advice on the propriety of appointing him.

There are in the Office for Foreign Affairs papers which will acquaint you with his character, and which Mr. Jay has my directions to lay before you at such time as you may think proper to assign.

GEORGE WASHINGTON.

NEW YORK, August 6, 1789.

Gentlemen of the Senate:

My nomination of Benjamin Fishbourn for the place of naval officer of the port of Savannah not having met with your concurrence, I now nominate Lachlan McIntosh for that office.

Whatever may have been the reasons which induced your dissent, I am persuaded they were such as you deemed sufficient. Permit me to submit to your consideration whether on occasions where the propriety of nominations appear questionable to you it would not be expedient to communicate that circumstance to me, and thereby avail yourselves of the information which led me to make them, and which I would with pleasure lay before you. Probably my reasons for nominating Mr. Fishbourn may tend to show that such a mode of proceeding in such cases might be useful. I will therefore detail them.

First. While Colonel Fishbourn was an officer in actual service and chiefly under my own eye, his conduct appeared to me irreproachable; nor did I ever hear anything injurious to his reputation as an officer or a gentleman. At the storm of Stony Point his behavior was represented to have been active and brave, and he was charged by his general to bring the account of that success to the headquarters of the Army.

Secondly. Since his residence in Georgia he has been repeatedly elected to the assembly as a representative of the county of Chatham, in which the port of Savannah is situated, and sometimes of the counties of Glynn and Camden; he has been chosen a member of the executive council of the State and has lately been president of the same; he has been elected by the officers of the militia in the county of Chatham lieutenant-colonel of the militia in that district, and on a very recent occasion, to wit, in the month of May last, he has been appointed by the council (on the suspension of the late collector) to an office in the port of Savannah nearly similar to that for which I nominated him, which office he actually holds at this time. To these reasons for nominating Mr. Fishbourn I might add that I received private letters of recommendation and oral testimonials in his favor from some of the most respectable characters in that State; but as they were secondary considerations with me, I do not think it necessary to communicate them to you.

It appeared, therefore, to me that Mr. Fishbourn must have enjoyed the confidence of the militia officers in order to have been elected to a military rank; the confidence of the freemen to have been elected to the assembly; the confidence of the assembly to have been selected for the council, and the confidence of the council to have been appointed collector of the port of Savannah.

GEORGE WASHINGTON.

NEW YORK, August 7, 1789.

Gentlemen of the Senate:

The business which has hitherto been under the consideration of Congress has been of so much importance that I was unwilling to draw their attention from it to any other subject; but the disputes which exist between some of the United States and several powerful tribes of Indians within the limits of the Union, and the hostilities which have in several instances been committed on the frontiers, seem to require the immediate interposition of the General Government.

I have therefore directed the several statements and papers which have been submitted to me on this subject by General Knox to be laid before you for your information.

While the measures of Government ought to be calculated to protect its citizens from all injury and violence, a due regard should be extended to those Indian tribes whose happiness in the course of events so materially depends on the national justice and humanity of the United States.

If it should be the judgment of Congress that it would be most expedient to terminate all differences in the Southern district, and to lay the foundation for future confidence by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three persons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preservation of peace and tranquillity on the frontiers is also a matter which merits your serious consideration.

Along with this object I am induced to suggest another, with the national importance and necessity of which I am deeply impressed; I mean some uniform and effective system for the militia of the United States. It is unnecessary to offer arguments in recommendation of a measure on which the honor, safety, and well-being of our country so evidently and so essentially depend; but it may not be amiss to observe that I am particularly anxious it should receive as early attention as circumstances will admit, because it is now in our power to avail ourselves of the military knowledge disseminated throughout the several States by means of the many well-instructed officers and soldiers of the late Army, a resource which is daily diminishing by death and other causes. To suffer this peculiar advantage to pass away unimproved would be to neglect an opportunity which will never again occur, unless, unfortunately, we should again be involved in a long and arduous war.

GEORGE WASHINGTON.

NEW YORK, August 10, 1789.

Gentlemen of the Senate:

I have directed a statement of the troops in the service of the United States to be laid before you for your information.

These troops were raised by virtue of the resolves of Congress of the 20th October, 1786, and the 3d of October, 1787, in order to protect the frontiers from the depredations of the hostile Indians, to prevent all intrusions on the public lands, and to facilitate the surveying and selling of the same for the purpose of reducing the public debt.

As these important objects continue to require the aid of the troops, it is necessary that the establishment thereof should in all respects be conformed by law to the Constitution of the United States.

GEORGE WASHINGTON.

NEW YORK, August 20, 1789.

Gentlemen of the Senate

In consequence of an act providing for the expenses which may attend negotiations or treaties with the Indian tribes and the appointment of commissioners for managing the same, I nominate Benjamin Lincoln as one of three commissioners whom I shall propose to be employed to negotiate a treaty with the Southern Indians. My reason for nominating him at this early moment is that it will not be possible for the public to avail itself of his services on this occasion unless his appointment can be forwarded to him by the mail which will leave this place to-morrow morning.

GEORGE WASHINGTON.

NEW YORK, August 21, 1789.

Gentlemen of the Senate:

The President of the United States will meet the Senate in the Senate Chamber at half past 11 o'clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the Southern Indians.

GEORGE WASHINGTON.

SEPTEMBER 16, 1789.

Gentlemen of the Senate:

The governor of the Western territory has made a statement to me of the reciprocal hostilities of the Wabash Indians and the people inhabiting the frontiers bordering on the river Ohio, which I herewith lay before Congress.

The United States in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th August, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania in the proportions therein specified.

As the circumstances which occasioned the said arrangement continue nearly the same, I think proper to suggest to your consideration the expediency of making some temporary provision for calling forth the militia of the United States for the purposes stated in the Constitution, which would embrace the cases apprehended by the governor of the Western territory.

GEORGE WASHINGTON.

SEPTEMBER 17, 1789.

Gentlemen of the Senate:

It doubtless is important that all treaties and compacts formed by the United States with other nations, whether civilized or not, should be made with caution and executed with fidelity.

It is said to be the general understanding and practice of nations, as a check on the mistakes and indiscretions of ministers or commissioners, not to consider any treaty negotiated and signed by such officers as final and conclusive until ratified by the sovereign or government from whom they derive their powers. This practice has been adopted by the United States respecting their treaties with European nations, and I am inclined to think it would be advisable to observe it in the conduct of our treaties with the Indians; for though such treaties, being on their part made by their chiefs or rulers, need not be ratified by them, yet, being formed on our part by the agency of subordinate officers, it seems to be both prudent and reasonable that their acts should not be binding on the nation until approved and ratified by the Government. It strikes me that this point should be well considered and settled, so that our national proceedings in this respect may become uniform and be directed by fixed and stable principles.

The treaties with certain Indian nations, which were laid before you with my message of the 25th May last, suggested two questions to my mind, viz: First, whether those treaties were to be considered as perfected and consequently as obligatory without being ratified. If not, then secondly, whether both or either, and which, of them ought to be ratified. On these questions I request your opinion and advice.

You have, indeed, advised me "to execute and enjoin an observance of" the treaty with the Wyandottes, etc. You, gentlemen, doubtless intended to be clear and explicit, and yet, without further explanation, I fear I may misunderstand your meaning, for if by my executing that treaty you mean that I should make it (in a more particular and immediate manner than it now is) the act of Government, then it follows that I am to ratify it. If you mean by my executing it that I am to see that it be carried into effect and operation, then I am led to conclude either that you consider it as being perfect and obligatory in its present state, and therefore to be executed and observed, or that you consider it as to derive its completion and obligation from the silent approbation and ratification which my proclamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it certainly is best that all doubts respecting it be removed.

Permit me to observe that it will be proper for me to be informed of your sentiments relative to the treaty with the Six Nations previous to the departure of the governor of the Western territory, and therefore I recommend it to your early consideration.

GEORGE WASHINGTON.

UNITED STATES, September 29, 1789.

Gentlemen of the Senate:

His Most Christian Majesty, by a letter dated the 7th of June last, addressed to the President and members of the General Congress of the United States of North America, announces the much lamented death of his son, the Dauphin. The generous conduct of the French monarch and nation toward this country renders every event that may affect his or their prosperity interesting to us, and I shall take care to assure him of the sensibility with which the United States participate in the affliction which a loss so much to be regretted must have occasioned both to him and to them.

GEORGE WASHINGTON.

UNITED STATES, September 29, 1789.

Gentlemen of the Senate:

Agreeably to the act of Congress for adapting the establishment of the troops in public service to the Constitution of the United States, I nominate the persons specified in the inclosed list to be the commissioned officers thereof.

This nomination differs from the existing arrangement only in the following cases, to wit: Lieutenant Erkuries Beatty, promoted to a vacant captaincy in the infantry; Ensign Edward Spear, promoted to a vacant lieutenancy of artillery; Jacob Melcher, who has been serving as a volunteer, to be an ensign, vice Benjamin Lawrence, who was appointed nearly three years past and has never been mustered or joined the troops.

It is to be observed that the order in which the captains and subalterns are named is not to affect their relative rank, which has been hitherto but imperfectly settled owing to the perplexity of promotions in the State quotas conformably to the late Confederation.

GEORGE WASHINGTON.

UNITED STATES, September 29, 1789.

Gentlemen of the Senate:

Having been yesterday informed by a joint committee of both Houses of Congress that they had agreed to a recess to commence this day and to continue until the first Monday of January next, I take the earliest opportunity of acquainting you that, considering how long and laborious this session has been and the reasons which I presume have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration at present, or now to call your attention, gentlemen, to any of those matters in my department which require your advice and consent and yet remain to be dispatched.

GEORGE WASHINGTON.

UNITED STATES, September 29, 1789.

Gentlemen of the House of Representatives:

GEORGE WASHINGTON.