Chapter XI: Section 2: The Congress shall have power to enforce this article by (8)

Whereas the commissioners appointed by the President of the United States to confer with the citizens in the western counties of Pennsylvania during the late insurrection which prevailed therein, by their act and agreement bearing date the 2d day of September last, in pursuance of the powers in them vested, did promise and engage that, if assurances of submission to the laws of the United States should be bona fide given by the citizens resident in the fourth survey of Pennsylvania, in the manner and within the time in the said act and agreement specified, a general pardon should be granted on the 10th day of July then next ensuing of all treasons and other indictable offenses against the United States committed within the said survey before the 22d day of August last, excluding therefrom, nevertheless, every person who should refuse or neglect to subscribe such assurance and engagement in manner aforesaid, or who should after such subscription violate the same, or willfully obstruct or attempt to obstruct the execution of the acts for raising a revenue on distilled spirits and stills, or be aiding or abetting therein; and

Whereas I have since thought proper to extend the said pardon to all persons guilty of the said treasons, misprisions of treasons, or otherwise concerned in the late insurrection within the survey aforesaid who have not since been indicted or convicted thereof, or of any other offense against the United States:

Therefore be it known that I, George Washington, President of the said United States, have granted, and by these presents do grant, a full, free, and entire pardon to all persons (excepting as is hereinafter excepted) of all treasons, misprisions of treason, and other indictable offenses against the United States committed within the fourth survey of Pennsylvania before the said 22d day of August last past, excepting and excluding therefrom, nevertheless, every person who refused or neglected to give and subscribe the said assurances in the manner aforesaid (or having subscribed hath violated the same) and now standeth indicted or convicted of any treason, misprision of treason, or other offense against the said United States, hereby remitting and releasing unto all persons, except as before excepted, all penalties incurred, or supposed to be incurred, for or on account of the premises.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed, this 10th day of July, A.D. 1795, and the twentieth year of the Independence of the said United States.

[SEAL.]

GEORGE WASHINGTON.

SEVENTH ANNUAL ADDRESS.

UNITED STATES, _December 8, 1795_.

_Fellow-Citizens of the Senate and of the House of Representatives_:

I trust I do not deceive myself when I indulge the persuasion that I have never met you at any period when more than at the present the situation of our public affairs has afforded just cause for mutual congratulation, and for inviting you to join with me in profound gratitude to the Author of all Good for the numerous and extraordinary blessings we enjoy.

The termination of the long, expensive, and distressing war in which we have been engaged with certain Indians northwest of the Ohio is placed in the option of the United States by a treaty which the commander of our army has concluded provisionally with the hostile tribes in that region.

In the adjustment of the terms the satisfaction of the Indians was deemed an object worthy no less of the policy than of the liberality of the United States as the necessary basis of durable tranquillity. The object, it is believed, has been fully attained. The articles agreed upon will immediately be laid before the Senate for their consideration.

The Creek and Cherokee Indians, who alone of the Southern tribes had annoyed our frontiers, have lately confirmed their preexisting treaties with us, and were giving evidence of a sincere disposition to carry them into effect by the surrender of the prisoners and property they had taken. But we have to lament that the fair prospect in this quarter has been once more clouded by wanton murders, which some citizens of Georgia are represented to have recently perpetrated on hunting parties of the Creeks, which have again subjected that frontier to disquietude and danger, which will be productive of further expense, and may occasion more effusion of blood. Measures are pursuing to prevent or mitigate the usual consequences of such outrages, and with the hope of their succeeding at least to avert general hostility.

A letter from the Emperor of Morocco announces to me his recognition of our treaty made with his father, the late Emperor, and consequently the continuance of peace with that power. With peculiar satisfaction I add that information has been received from an agent deputed on our part to Algiers importing that the terms of the treaty with the Dey and Regency of that country had been adjusted in such a manner as to authorize the expectation of a speedy peace and the restoration of our unfortunate fellow-citizens from a grievous captivity.

The latest advices from our envoy at the Court of Madrid give, moreover, the pleasing information that he had received assurances of a speedy and satisfactory conclusion of his negotiation. While the event depending upon unadjusted particulars can not be regarded as ascertained, it is agreeable to cherish the expectation of an issue which, securing amicably very essential interests of the United States, will at the same time lay the foundation of lasting harmony with a power whose friendship we have uniformly and sincerely desired to cultivate.

Though not before officially disclosed to the House of Representatives, you, gentlemen, are all apprised that a treaty of amity, commerce, and navigation has been negotiated with Great Britain, and that the Senate have advised and consented to its ratification upon a condition which excepts part of one article. Agreeably thereto, and to the best judgment I was able to form of the public interest after full and mature deliberation, I have added my sanction. The result on the part of His Britannic Majesty is unknown. When received, the subject will without delay be placed before Congress.

This interesting summary of our affairs with regard to the foreign powers between whom and the United States controversies have subsisted, and with regard also to those of our Indian neighbors with whom we have been in a state of enmity or misunderstanding, opens a wide field for consoling and gratifying reflections. If by prudence and moderation on every side the extinguishment of all the causes of external discord which have heretofore menaced our tranquillity, on terms compatible with our national rights and honor, shall be the happy result, how firm and how precious a foundation will have been laid for accelerating, maturing, and establishing the prosperity of our country.

Contemplating the internal situation as well as the external relations of the United States, we discover equal cause for contentment and satisfaction. While many of the nations of Europe, with their American dependencies, have been involved in a contest unusually bloody, exhausting, and calamitous, in which the evils of foreign war have been aggravated by domestic convulsion and insurrection; in which many of the arts most useful to society have been exposed to discouragement and decay; in which scarcity of subsistence has imbittered other sufferings; while even the anticipations of a return of the blessings of peace and repose are alloyed by the sense of heavy and accumulating burthens, which press upon all the departments of industry and threaten to clog the future springs of government, our favored country, happy in a striking contrast, has enjoyed general tranquillity--a tranquillity the more satisfactory because maintained at the expense of no duty. Faithful to ourselves, we have violated no obligation to others. Our agriculture, commerce, and manufactures prosper beyond former example, the molestations of our trade (to prevent a continuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggregate benefits which it derives from a neutral position. Our population advances with a celerity which, exceeding the most sanguine calculations, proportionally augments our strength and resources, and guarantees our future security. Every part of the Union displays indications of rapid and various improvement; and with burthens so light as scarcely to be perceived, with resources fully adequate to our present exigencies, with governments founded on the genuine principles of rational liberty, and with mild and wholesome laws, is it too much to say that our country exhibits a spectacle of national happiness never surpassed, if ever before equaled?

Placed in a situation every way so auspicious, motives of commanding force impel us, with sincere acknowledgment to Heaven and pure love to our country, to unite our efforts to preserve, prolong, and improve our immense advantages. To cooperate with you in this desirable work is a fervent and favorite wish of my heart.

It is a valuable ingredient in the general estimate of our welfare that the part of our country which was lately the scene of disorder and insurrection now enjoys the blessings of quiet and order. The misled have abandoned their errors, and pay the respect to our Constitution and laws which is due from good citizens to the public authorities of the society. These circumstances have induced me to pardon generally the offenders here referred to, and to extend forgiveness to those who had been adjudged to capital punishment. For though I shall always think it a sacred duty to exercise with firmness and energy the constitutional powers with which I am vested, yet it appears to me no less consistent with the public good than it is with my personal feelings to mingle in the operations of Government every degree of moderation and tenderness which the national justice, dignity, and safety may permit.

GENTLEMEN: Among the objects which will claim your attention in the course of the session, a review of our military establishment is not the least important. It is called for by the events which have changed, and maybe expected still further to change, the relative situation of our frontiers. In this review you will doubtless allow due weight to the considerations that the questions between us and certain foreign powers are not yet finally adjusted, that the war in Europe is not yet terminated, and that our Western posts, when recovered, will demand provision for garrisoning and securing them. A statement of our present military force will be laid before you by the Department of War.

With the review of our Army establishment is naturally connected that of the militia. It will merit inquiry what imperfections in the existing plan further experience may have unfolded. The subject is of so much moment in my estimation as to excite a constant solicitude that the consideration of it may be renewed until the greatest attainable perfection shall be accomplished. Time is wearing away some advantages for forwarding the object, while none better deserves the persevering attention of the public councils.

While we indulge the satisfaction which the actual condition of our Western borders so well authorizes, it is necessary that we should not lose sight of an important truth which continually receives new confirmations, namely, that the provisions heretofore made with a view to the protection of the Indians from the violences of the lawless part of our frontier inhabitants are insufficient. It is demonstrated that these violences can now be perpetrated with impunity, and it can need no argument to prove that unless the murdering of Indians can be restrained by bringing the murderers to condign punishment, all the exertions of the Government to prevent destructive retaliations by the Indians will prove fruitless and all our present agreeable prospects illusory. The frequent destruction of innocent women and children, who are chiefly the victims of retaliation, must continue to shock humanity, and an enormous expense to drain the Treasury of the Union.

To enforce upon the Indians the observance of justice it is indispensable that there shall be competent means of rendering justice to them. If these means can be devised by the wisdom of Congress, and especially if there can be added an adequate provision for supplying the necessities of the Indians on reasonable terms (a measure the mention of which I the more readily repeat, as in all the conferences with them they urge it with solicitude), I should not hesitate to entertain a strong hope of rendering our tranquillity permanent. I add with pleasure that the probability even of their civilization is not diminished by the experiments which have been thus far made under the auspices of Government. The accomplishment of this work, if practicable, will reflect undecaying luster on our national character and administer the most grateful consolations that virtuous minds can know.

_Gentlemen of the House of Representatives_:

The state of our revenue, with the sums which have been borrowed and reimbursed pursuant to different acts of Congress, will be submitted from the proper Department, together with an estimate of the appropriations necessary to be made for the service of the ensuing year.

Whether measures may not be advisable to reenforce the provision for the redemption of the public debt will naturally engage your examination. Congress have demonstrated their sense to be, and it were superfluous to repeat mine, that whatsoever will tend to accelerate the honorable extinction of our public debt accords as much with the true interest of our country as with the general sense of our constituents.

_Gentlemen of the Senate and of the House of Representatives_:

The statements which will be laid before you relative to the Mint will shew the situation of that institution and the necessity of some further legislative provisions for carrying the business of it more completely into effect, and for checking abuses which appear to be arising in particular quarters.

The progress in providing materials for the frigates and in building them, the state of the fortifications of our harbors, the measures which have been pursued for obtaining proper sites for arsenals and for replenishing our magazines with military stores, and the steps which have been taken toward the execution of the law for opening a trade with the Indians will likewise be presented for the information of Congress.

Temperate discussion of the important subjects which may arise in the course of the session and mutual forbearance where there is a difference of opinion are too obvious and necessary for the peace, happiness, and welfare of our country to need any recommendation of mine.

GEORGE WASHINGTON.

ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES.

SIR: It is with peculiar satisfaction that we are informed by your speech to the two Houses of Congress that the long and expensive war in which we have been engaged with the Indians northwest of the Ohio is in a situation to be finally terminated; and though we view with concern the danger of an interruption of the peace so recently confirmed with the Creeks, we indulge the hope that the measures that you have adopted to prevent the same, if followed by those legislative provisions that justice and humanity equally demand, will succeed in laying the foundation of a lasting peace with the Indian tribes on the Southern as well as on the Western frontiers.

The confirmation of our treaty with Morocco, and the adjustment of a treaty of peace with Algiers, in consequence of which our captive fellow-citizens shall be delivered from slavery, are events that will prove no less interesting to the public humanity than they will be important in extending and securing the navigation and commerce of our country.

As a just and equitable conclusion of our depending negotiations with Spain will essentially advance the interest of both nations, and thereby cherish and confirm the good understanding and friendship which we have at all times desired to maintain, it will afford us real pleasure to receive an early confirmation of our expectations on this subject.

The interesting prospect of our affairs with regard to the foreign powers between whom and the United States controversies have subsisted is not more satisfactory than the review of our internal situation. If from the former we derive an expectation of the extinguishment of all the causes of external discord that have heretofore endangered our tranquillity, and on terms consistent with our national honor and safety, in the latter we discover those numerous and widespread tokens of prosperity which in so peculiar a manner distinguish our happy country.

Circumstances thus every way auspicious demand our gratitude and sincere acknowledgments to Almighty God, and require that we should unite our efforts in imitation of your enlightened, firm, and persevering example to establish and preserve the peace, freedom, and prosperity of our country.

The objects which you have recommended to the notice of the Legislature will in the course of the session receive our careful attention, and with a true zeal for the public welfare we shall cheerfully cooperate in every measure that shall appear to us best calculated to promote the same.

JOHN ADAMS,

_Vice-President of the United States and President of the Senate_.

DECEMBER 11, 1795.

REPLY OF THE PRESIDENT.

GENTLEMEN: With real pleasure I receive your address, recognizing the prosperous situation of our public affairs, and giving assurances of your careful attention to the objects demanding legislative consideration, and that with a true zeal for the public welfare you will cheerfully cooperate in every measure which shall appear to you best calculated to promote the same.

But I derive peculiar satisfaction from your concurrence with me in the expressions of gratitude to Almighty God, which a review of the auspicious circumstances that distinguish our happy country have excited, and I trust the sincerity of our acknowledgments will be evinced by a union of efforts to establish and preserve its peace, freedom, and prosperity.

GEORGE WASHINGTON.

DECEMBER 12, 1795.

ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES.

The PRESIDENT OF THE UNITED STATES.

SIR: As the Representatives of the people of the United States, we can not but participate in the strongest sensibility to every blessing which they enjoy, and cheerfully join with you in profound gratitude to the Author of all Good for the numerous and extraordinary blessings which He has conferred on our favored country.

A final and formal termination of the distressing war which has ravaged our Northwestern frontier will be an event which must afford a satisfaction proportionate to the anxiety with which it has long been sought, and in the adjustment of the terms we perceive the true policy of making them satisfactory to the Indians as well as to the United States as the best basis of a durable tranquillity. The disposition of such of the Southern tribes as had also heretofore annoyed our frontier is another prospect in our situation so important to the interest and happiness of the United States that it is much to be lamented that any clouds should be thrown over it, more especially by excesses on the part of our own citizens.

While our population is advancing with a celerity which exceeds the most sanguine calculations; while every part of the United States displays indications of rapid and various improvement; while we are in the enjoyment of protection and security by mild and wholesome laws, administered by governments founded on the genuine principles of rational liberty, a secure foundation will be laid for accelerating, maturing, and establishing the prosperity of our country if, by treaty and amicable negotiation, all those causes of external discord which heretofore menaced our tranquillity shall be extinguished on terms compatible with our national rights and honor and with our Constitution and great commercial interests.

Among the various circumstances in our internal situation none can be viewed with more satisfaction and exultation than that the late scene of disorder and insurrection has been completely restored to the enjoyment of order and repose. Such a triumph of reason and of law is worthy of the free Government under which it happened, and was justly to be hoped from the enlightened and patriotic spirit which pervades and actuates the people of the United States.

In contemplating that spectacle of national happiness which our country exhibits, and of which you, sir, have been pleased to make an interesting summary, permit us to acknowledge and declare the very great share which your zealous and faithful services have contributed to it, and to express the affectionate attachment which we feel for your character.

The several interesting subjects which you recommend to our consideration will receive every degree of attention which is due to them; and whilst we feel the obligation of temperance and mutual indulgence in all our discussions, we trust and pray that the result to the happiness and welfare of our country may correspond with the pure affection we bear to it.

DECEMBER 16, 1795.

REPLY OF THE PRESIDENT.

GENTLEMEN: Coming as you do from all parts of the United States, I receive great satisfaction from the concurrence of your testimony in the justness of the interesting summary of our national happiness which, as the result of my inquiries, I presented to your view. The sentiments we have mutually expressed of profound gratitude to the source of those numerous blessings, the Author of all Good, are pledges of our obligations to unite our sincere and zealous endeavors, as the instruments of Divine Providence, to preserve and perpetuate them.

Accept, gentlemen, my thanks for your declaration that to my agency you ascribe the enjoyment of a great share of these benefits. So far as my services contribute to the happiness of my country, the acknowledgment thereof by my fellow-citizens and their affectionate attachment will ever prove an abundant reward.

GEORGE WASHINGTON.

DECEMBER 17, 1795.

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.

EIGHTH ANNUAL ADDRESS.

UNITED STATES, _December 7, 1796_.

_Fellow-Citizens of the Senate and of the House of Representatives_:

In recurring to the internal situation of our country since I had last the pleasure to address you, I find ample reason for a renewed expression of that gratitude to the Ruler of the Universe which a continued series of prosperity has so often and so justly called forth.

The acts of the last session which required special arrangements have been as far as circumstances would admit carried into operation.

Measures calculated to insure a continuance of the friendship of the Indians and to preserve peace along the extent of our interior frontier have been digested and adopted. In the framing of these care has been taken to guard on the one hand our advanced settlements from the predatory incursions of those unruly individuals who can not be restrained by their tribes, and on the other hand to protect the rights secured to the Indians by treaty--to draw them nearer to the civilized state and inspire them with correct conceptions of the power as well as justice of the Government.

The meeting of the deputies from the Creek Nation at Colerain, in the State of Georgia, which had for a principal object the purchase of a parcel of their land by that State, broke up without its being accomplished, the nation having previous to their departure instructed them against making any sale. The occasion, however, has been improved to confirm by a new treaty with the Creeks their preexisting engagements with the United States, and to obtain their consent to the establishment of trading houses and military posts within their boundary, by means of which their friendship and the general peace may be more effectually secured.

The period during the late session at which the appropriation was passed for carrying into effect the treaty of amity, commerce, and navigation between the United States and His Britannic Majesty necessarily procrastinated the reception of the posts stipulated to be delivered beyond the date assigned for that event. As soon, however, as the Governor-General of Canada could be addressed with propriety on the subject, arrangements were cordially and promptly concluded for their evacuation, and the United States took possession of the principal of them, comprehending Oswego, Niagara, Detroit, Michilimackinac, and Fort Miami, where such repairs and additions have been ordered to be made as appeared indispensable.

The commissioners appointed on the part of the United States and of Great Britain to determine which is the river St. Croix mentioned in the treaty of peace of 1783, agreed in the choice of Egbert Benson, esq., of New York, for the third commissioner. The whole met at St. Andrews, in Passamaquoddy Bay, in the beginning of October, and directed surveys to be made of the rivers in dispute; but deeming it impracticable to have these surveys completed before the next year, they adjourned to meet at Boston in August, 1797, for the final decision of the question.

Other commissioners appointed on the part of the United States, agreeably to the seventh article of the treaty with Great Britain, relative to captures and condemnation of vessels and other property, met the commissioners of His Britannic Majesty in London in August last, when John Trumbull, esq., was chosen by lot for the fifth commissioner. In October following the board were to proceed to business. As yet there has been no communication of commissioners on the part of Great Britain to unite with those who have been appointed on the part of the United States for carrying into effect the sixth article of the treaty.

The treaty with Spain required that the commissioners for running the boundary line between the territory of the United States and His Catholic Majesty's provinces of East and West Florida should meet at the Natchez before the expiration of six months after the exchange of the ratifications, which was effected at Aranjuez on the 25th day of April; and the troops of His Catholic Majesty occupying any posts within the limits of the United States were within the same period to be withdrawn. The commissioner of the United States therefore commenced his journey for the Natchez in September, and troops were ordered to occupy the posts from which the Spanish garrisons should be withdrawn. Information has been recently received of the appointment of a commissioner on the part of His Catholic Majesty for running the boundary line, but none of any appointment for the adjustment of the claims of our citizens whose vessels were captured by the armed vessels of Spain.

In pursuance of the act of Congress passed in the last session for the protection and relief of American seamen, agents were appointed, one to reside in Great Britain and the other in the West Indies. The effects of the agency in the West Indies are not yet fully ascertained, but those which have been communicated afford grounds to believe the measure will be beneficial. The agent destined to reside in Great Britain declining to accept the appointment, the business has consequently devolved on the minister of the United States in London, and will command his attention until a new agent shall be appointed.

After many delays and disappointments arising out of the European war, the final arrangements for fulfilling the engagements made to the Dey and Regency of Algiers will in all present appearance be crowned with success, but under great, though inevitable, disadvantages in the pecuniary transactions occasioned by that war, which will render further provision necessary. The actual liberation of all our citizens who were prisoners in Algiers, while it gratifies every feeling heart, is itself an earnest of a satisfactory termination of the whole negotiation. Measures are in operation for effecting treaties with the Regencies of Tunis and Tripoli.

To an active external commerce the protection of a naval force is indispensable. This is manifest with regard to wars in which a State is itself a party. But besides this, it is in our own experience that the most sincere neutrality is not a sufficient guard against the depredations of nations at war. To secure respect to a neutral flag requires a naval force organized and ready to vindicate it from insult or aggression. This may even prevent the necessity of going to war by discouraging belligerent powers from committing such violations of the rights of the neutral party as may, first or last, leave no other option. From the best information I have been able to obtain it would seem as if our trade to the Mediterranean without a protecting force will always be insecure and our citizens exposed to the calamities from which numbers of them have but just been relieved.

These considerations invite the United States to look to the means, and to set about the gradual creation of a navy. The increasing progress of their navigation promises them at no distant period the requisite supply of seamen, and their means in other respects favor the undertaking. It is an encouragement, likewise, that their particular situation will give weight and influence to a moderate naval force in their hands. Will it not, then, be advisable to begin without delay to provide and lay up the materials for the building and equipping of ships of war, and to proceed in the work by degrees, in proportion as our resources shall render it practicable without inconvenience, so that a future war of Europe may not find our commerce in the same unprotected state in which it was found by the present?