SPECIAL MESSAGES.
UNITED STATES, December 9, 1795.
Gentlemen of the Senate:
I lay before you, for your consideration, a treaty of peace which has been negotiated by General Wayne, on behalf of the United States, with all the late hostile tribes of Indians northwest of the river Ohio, together with the instructions which were given to General Wayne and the proceedings at the place of treaty.
GEORGE WASHINGTON.
UNITED STATES, December 21, 1795.
Gentlemen of the Senate:
Herewith I transmit, for your information and consideration, the original letter from the Emperor of Morocco, recognizing the treaty of peace and friendship between the United States and his father, the late Emperor, accompanied with a translation thereof, and various documents relating to the negotiation by which the recognition was effected.
GEORGE WASHINGTON.
UNITED STATES, January 4, 1796.
Gentlemen of the Senate and of the House of Representatives:
A letter from the minister plenipotentiary of the French Republic, received on the 22d of the last month, covered an address, dated the 21st of October, 1794, from the committee of public safety to the Representatives of the United States in Congress, and also informed me that he was instructed by the committee to present to the United States the colors of France. I thereupon proposed to receive them last Friday, the first day of the new year, a day of general joy and congratulation. On that day the minister of the French Republic delivered the colors, with an address, to which I returned an answer. By the latter Congress will see that I have informed the minister that the colors will be deposited with the archives of the United States. But it seemed to me proper previously to exhibit to the two Houses of Congress these evidences of the continued friendship of the French Republic, together with the sentiments expressed by me on the occasion in behalf of the United States. They are herewith communicated.
GEORGE WASHINGTON.
UNITED STATES, January 8, 1796.
Gentlemen of the Senate and of the House of Representatives:
I transmit to you a memorial of the commissioners appointed by virtue of an act entitled "An act for establishing the temporary and permanent seat of the Government of the United States," on the subject of the public buildings under their direction.
Since locating a district for the permanent seat of the Government of the United States, as heretofore announced to both Houses of Congress, I have accepted the grants of money and of land stated in the memorial of the commissioners. I have directed the buildings therein mentioned to be commenced on plans which I deemed consistent with the liberality of the grants and proper for the purposes intended.
I have not been inattentive to this important business intrusted by the Legislature to my care. I have viewed the resources placed in my hands, and observed the manner in which they have been applied. The progress is pretty fully detailed in the memorial from the commissioners, and one of them attends to give further information if required. In a case new and arduous, like the present, difficulties might naturally be expected. Some have occurred, but they are in a great degree surmounted, and I have no doubt, if the remaining resources are properly cherished, so as to prevent the loss of property by hasty and numerous sales, that all the buildings required for the accommodation of the Government of the United States may be completed in season without aid from the Federal Treasury. The subject is therefore recommended to the consideration of Congress, and the result will determine the measures which I shall cause to be pursued with respect to the property remaining unsold.
GEORGE WASHINGTON.
UNITED STATES, January 29, 1796.
Gentlemen of the Senate and of the House of Representatives:
I send herewith for the information of Congress:
First. An act of the legislature of the State of Rhode Island, ratifying an amendment to the Constitution of the United States to prevent suits in certain cases against a State.
Second. An act of the State of North Carolina making the like ratification.
Third. An act of the State of North Carolina, assenting to the purchase by the United States of a sufficient quantity of land on Shell Castle Island for the purpose of erecting a beacon thereon, and ceding the jurisdiction thereof to the United States.
Fourth. A copy from the journal of proceedings of the governor in his executive department of the territory of the United States northwest of the river Ohio from July 1 to December 31, 1794.
Fifth. A copy from the records of the executive proceedings of the same governor from January 1 to June 30, 1795; and
Sixth and seventh. A copy of the journal of the proceedings of the governor in his executive department of the territory of the United States south of the river Ohio from September 1, 1794, to September 1, 1795.
Eighth. The acts of the first and second sessions of the general assembly of the same territory.
GEORGE WASHINGTON.
UNITED STATES, January 29, 1796.
Gentlemen of the Senate and of the House of Representatives:
In pursuance of the authority vested in the President of the United States by an act of Congress passed the 3d of March last, to reduce the weights of the copper coin of the United States whenever he should think it for the benefit of the United States, provided that the reduction should not exceed 2 pennyweights in each cent, and in the like proportion in a half cent, I have caused the same to be reduced since the 27th of last December, to wit, 1 pennyweight and 16 grains in each cent, and in the like proportion in a half cent; and I have given notice thereof by proclamation.
By the letter of the judges of the circuit court of the United States, held at Boston in June last, and the inclosed application of the underkeeper of the jail at that place, of which copies are herewith transmitted, Congress will perceive the necessity of making a suitable provision for the maintenance of prisoners committed to the jails of the several States under the authority of the United States.
GEORGE WASHINGTON.
UNITED STATES, February 2, 1796.
Gentlemen of the Senate and of the House of Representatives:
I transmit herewith the copy of a letter, dated the 19th of December last, from Governor Blount to the Secretary of War, stating the avowed and daring designs of certain persons to take possession of the lands belonging to the Cherokees, and which the United States have by treaty solemnly guaranteed to that nation. The injustice of such intrusions and the mischievous consequences which must necessarily result therefrom demand that effectual provision be made to prevent them.
GEORGE WASHINGTON.
UNITED STATES, February 15, 1796.
Gentlemen of the Senate:
Herewith I transmit, for your consideration and advice, a treaty of peace and amity, concluded on the 5th day of last September by Joseph Donaldson, Jr., on the part of the United States, with the Dey of Algiers, for himself, his Divan, and his subjects.
The instructions and other necessary papers relative to this negotiation are also sent herewith, for the information of the Senate.
GEORGE WASHINGTON.
UNITED STATES, February 26, 1796.
Gentlemen of the Senate:
I send herewith the treaty concluded on the 27th of October last between the United States and Spain by their respective plenipotentiaries.
The communications to the Senate referred to in my message of the 16th of December, 1793, contain the instructions to the commissioners of the United States, Messrs. Carmichael and Short, and various details relative to the negotiations with Spain. Herewith I transmit copies of the documents authorizing Mr. Pinckney, the envoy extraordinary from the United States to the Court of Spain, to conclude the negotiation agreeably to the original instructions above mentioned, and to adjust the claims of the United States for the spoliations committed by the armed vessels of His Catholic Majesty on the commerce of our citizens.
The numerous papers exhibiting the progress of the negotiation under the conduct of Mr. Pinckney, being in the French and Spanish languages, will be communicated to the Senate as soon as the translations which appear necessary shall be completed.
GEORGE WASHINGTON.
UNITED STATES, March 1, 1796.
Gentlemen of the Senate and of the House of Representatives:
The treaty of amity, commerce, and navigation concluded between the United States of America and His Britannic Majesty having been duly ratified, and the ratifications having been exchanged at London on the 28th day of October, 1795, I have directed the same to be promulgated, and herewith transmit a copy thereof for the information of Congress.
GEORGE WASHINGTON.
UNITED STATES, March 8, 1796.
Gentlemen of the Senate and of the House of Representatives:
I send herewith, for the information of Congress, the treaty concluded between the United States and the Dey and Regency of Algiers.
GEORGE WASHINGTON.
UNITED STATES, March 15, 1796.
Gentlemen of the Senate and of the House of Representatives:
By the ninth section of the act entitled "An act to provide a naval armament" it is enacted "that if a peace shall take place between the United States and the Regency of Algiers, that no further proceedings be had under this act."
The peace which is here contemplated having taken place, it is incumbent upon the Executive to suspend all orders respecting the building of the frigates, procuring materials for them, or preparing materials already obtained, which may be done without intrenching upon contracts or agreements made and entered into before this event.
But inasmuch as the loss which the public would incur might be considerable from dissipation of workmen, from certain works or operations being suddenly dropped or left unfinished, and from the derangement in the whole system consequent upon an immediate suspension of all proceedings under it, I have therefore thought advisable, before taking such a step, to submit the subject to the Senate and House of Representatives, that such measures may be adopted in the premises as may best comport with the public interest.
GEORGE WASHINGTON.
UNITED STATES, March 25, 1796.
Gentlemen of the Senate and of the House of Representatives:
I send herewith, for your information, the translation of a letter from the minister plenipotentiary of the French Republic to the Secretary of State, announcing the peace made by the Republic with the Kings of Prussia and Spain, the Grand Duke of Tuscany, and the Landgrave of Hesse Cassel, and that the republican constitution decreed by the National Convention had been accepted by the people of France and was in operation. I also send you a copy of the answer given by my direction to this communication from the French minister. My sentiments therein expressed I am persuaded will harmonize with yours and with those of all my fellow-citizens.
GEORGE WASHINGTON.
UNITED STATES, March 29, 1796.
Gentlemen of the House of Representatives:
I send herewith a copy of the treaty of friendship, limits, and navigation, concluded on the 27th of October last, between the United States and His Catholic Majesty. This treaty has been ratified by me agreeably to the Constitution, and the ratification has been dispatched for Spain, where it will doubtless be immediately ratified by His Catholic Majesty.
This early communication of the treaty with Spain has become necessary because it is stipulated in the third article that commissioners for running the boundary line between the territory of the United States and the Spanish colonies of East and West Florida shall meet at the Natchez before the expiration of six months from the ratification; and as that period will undoubtedly arrive before the next meeting of Congress, the House will see the necessity of making provision in their present session for the object here mentioned. It will also be necessary to provide for the expense to be incurred in executing the twenty-first article of the treaty, to enable our fellow-citizens to obtain with as little delay as possible compensation for the losses they have sustained by the capture of their vessels and cargoes by the subjects of His Catholic Majesty during the late war between France and Spain.
Estimates of the moneys necessary to be provided for the purposes of this and several other treaties with foreign nations and the Indian tribes will be laid before you by the proper Department.
GEORGE WASHINGTON.
UNITED STATES, March 30, 1796.
To the House of Representatives of the United States:
With the utmost attention I have considered your resolution of the 24th instant, requesting me to lay before your House a copy of the instructions to the minister of the United States who negotiated the treaty with the King of Great Britain, together with the correspondence and other documents relative to that treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed.
In deliberating upon this subject it was impossible for me to lose sight of the principle which some have avowed in its discussion, or to avoid extending my views to the consequences which must flow from the admission of that principle.
I trust that no part of my conduct has ever indicated a disposition to withhold any information which the Constitution has enjoined upon the President as a duty to give, or which could be required of him by either House of Congress as a right; and with truth I affirm that it has been, as it will continue to be while I have the honor to preside in the Government, my constant endeavor to harmonize with the other branches thereof so far as the trust delegated to me by the people of the United States and my sense of the obligation it imposes to "preserve, protect, and defend the Constitution" will permit.
The nature of foreign negotiations requires caution, and their success must often depend on secrecy; and even when brought to a conclusion a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contemplated would be extremely impolitic; for this might have a pernicious influence on future negotiations, or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent of the Senate, the principle on which that body was formed confining it to a small number of members. To admit, then, a right in the House of Representatives to demand and to have as a matter of course all the papers respecting a negotiation with a foreign power would be to establish a dangerous precedent.
It does not occur that the inspection of the papers asked for can be relative to any purpose under the cognizance of the House of Representatives, except that of an impeachment, which the resolution has not expressed. I repeat that I have no disposition to withhold any information which the duty of my station will permit or the public good shall require to be disclosed; and, in fact, all the papers affecting the negotiation with Great Britain were, laid before the Senate when the treaty itself was communicated for their consideration and advice.
The course which the debate has taken on the resolution of the House leads to some observations on the mode of making treaties under the Constitution of the United States.
Having been a member of the General Convention, and knowing the principles on which the Constitution was formed, I have ever entertained but one opinion on this subject; and from the first establishment of the Government to this moment my conduct has exemplified that opinion—that the power of making treaties is exclusively vested in the President, by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur; and that every treaty so made and promulgated thenceforward became the law of the land. It is thus that the treaty-making power has been understood by foreign nations, and in all the treaties made with them we have declared and they have believed that, when ratified by the President, with the advice and consent of the Senate, they became obligatory. In this construction of the Constitution every House of Representatives has heretofore acquiesced, and until the present time not a doubt or suspicion has appeared, to my knowledge, that this construction was not the true one. Nay, they have more than acquiesced; for till now, without controverting the obligation of such treaties, they have made all the requisite provisions for carrying them into effect.
There is also reason to believe that this construction agrees with the opinions entertained by the State conventions when they were deliberating on the Constitution, especially by those who objected to it because there was not required in commercial treaties the consent of two-thirds of the whole number of the members of the Senate instead of two-thirds of the Senators present, and because in treaties respecting territorial and certain other rights and claims the concurrence of three-fourths of the whole number of the members of both Houses, respectively, was not made necessary.
It is a fact declared by the General Convention and universally understood that the Constitution of the United States was the result of a spirit of amity and mutual concession; and it is well known that under this influence the smaller States were admitted to an equal representation in the Senate with the larger States, and that this branch of the Government was invested with great powers, for on the equal participation of those powers the sovereignty and political safety of the smaller States were deemed essentially to depend.
If other proofs than these and the plain letter of the Constitution itself be necessary to ascertain the point under consideration, they may be found in the journals of the General Convention, which I have deposited in the office of the Department of State. In those journals it will appear that a proposition was made "that no treaty should be binding on the United States which was not ratified by a law," and that the proposition was explicitly rejected.
As, therefore, it is perfectly clear to my understanding that the assent of the House of Representatives is not necessary to the validity of a treaty; as the treaty with Great Britain exhibits in itself all the objects requiring legislative provision, and on these the papers called for can throw no light, and as it is essential to the due administration of the Government that the boundaries fixed by the Constitution between the different departments should be preserved, a just regard to the Constitution and to the duty of my office, under all the circumstances of this case, forbids a compliance with your request.
GEORGE WASHINGTON.
UNITED STATES, March 31, 1776.
Gentlemen of the Senate:
The treaty of amity, commerce, and navigation between the United States and Great Britain requiring that commissioners should be appointed to fix certain boundaries between the territories of the contracting parties, and to ascertain the losses and damages represented to have been sustained by their respective citizens and subjects, as set forth in the fifth, sixth, and seventh articles of the treaty, in order to carry those articles into execution I nominate as commissioners on the part of the United States:
For the purpose mentioned in the fifth article, Henry Knox, of Massachusetts;
For the purpose mentioned in the sixth article, Thomas Fitzsimons, of Pennsylvania, and James Innes, of Virginia; and
For the purposes mentioned in the seventh article, Christopher Gore, of Massachusetts, and William Pinckney, of Maryland.
GEORGE WASHINGTON.
UNITED STATES, April 8, 1796.
Gentlemen of the Senate and of the House of Representatives:
By an act of Congress passed on the 26th of May, 1790, it was declared that the inhabitants of the territory of the United States south of the river Ohio should enjoy all the privileges, benefits, and advantages set forth in the ordinance of Congress for the government of the territory of the United States northwest of the river Ohio, and that the government of the said territory south of the Ohio should be similar to that which was then exercised in the territory northwest of the Ohio, except so far as was otherwise provided in the conditions expressed in an act of Congress passed the 2d of April, 1790, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory."
Among the privileges, benefits, and advantages thus secured to the inhabitants of the territory south of the river Ohio appear to be the right of forming a permanent constitution and State government, and of admission as a State, by its Delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, when it should have therein 60,000 free inhabitants; provided the constitution and government so to be formed should be republican, and in conformity to the principles contained in the articles of the said ordinance.
As proofs of the several requisites to entitle the territory south of the river Ohio to be admitted as a State into the Union, Governor Blount has transmitted a return of the enumeration of its inhabitants and a printed copy of the constitution and form of government on which they have agreed, which, with his letters accompanying the same, are herewith laid before Congress.
GEORGE WASHINGTON.
UNITED STATES, April 28, 1796.
Gentlemen of the Senate and of the House of Representatives:
Herewith I lay before you a letter from the Attorney-General of the United States, relative to compensation to the attorneys of the United States in the several districts, which is recommended to your consideration.
GEORGE WASHINGTON.
UNITED STATES, May 2, 1796.
Gentlemen of the Senate:
Some time last year Jeremiah Wadsworth was authorized to hold a treaty with the Cohnawaga Indians, styling themselves the Seven Nations of Canada, to enable the State of New York to extinguish, by purchase, a claim which the said Indians had set up to a parcel of land lying within that State. The negotiation having issued without effecting its object, and the State of New York having requested a renewal of the negotiation, and the Indians having come forward with an application on the same subject, I now nominate Jeremiah Wadsworth to be a commissioner to hold a treaty with the Cohnawaga Indians, styling themselves the Seven Nations of Canada, for the purpose of enabling the State of New York to extinguish the aforesaid claim.
GEORGE WASHINGTON.
UNITED STATES, May 5, 1796.
Gentlemen of the Senate:
I lay before you, for your consideration and advice, an explanatory article proposed to be added to the treaty of amity, commerce, and navigation between the United States and Great Britain, together with a copy of the full power to the Secretary of State to negotiate the same.
GEORGE WASHINGTON.
UNITED STATES, May 25, 1796.
Gentlemen of the Senate and of the House of Representatives:
The measures now in operation for taking possession of the posts of Detroit and Michilimackinac render it proper that provision should be made for extending to these places and any others alike circumstanced the civil authority of the Northwestern Territory. To do this will require an expense to defray which the ordinary salaries of the governor and secretary of that Territory appear to be incompetent.
The forming of a new county, or new counties, and the appointment of the various officers, which the just exercise of government must require, will oblige the governor and secretary to visit those places, and to spend considerable time in making the arrangements necessary for introducing and establishing the Government of the United States. Congress will consider what provision will in this case be proper.
GEORGE WASHINGTON.
UNITED STATES, May 28, 1796.
Gentlemen of the Senate and of the House of Representatives:
The extraordinary expenses to be incurred in the present year in supporting our foreign intercourse I find will require a provision beyond the ordinary appropriation and the additional $20,000 already granted.
I have directed an estimate to be made, which is sent herewith, and will exhibit the deficiency for which an appropriation appears to be necessary.
GEORGE WASHINGTON.