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bogues itself, together with the Wefer and the Ems, as well as the islands fituated in thofe diftricts, as far as Forcum, from thence to the frontiers of Holland, as far as Anholt, paffing Herenberg, and including the Pruffian poffeffions near Sevenaer, as far as Bair on the Yfel; it will then continue down that river to the place where it mixes its waters with the Rhine; the line will then go up the latter river as far as Wefel, and farther on, to the place where the Roer throws itself into the Rhine; it will then extend along the left bank of the Roer to its fource; after which, leaving the city of Nedebach to the left, it will take its direction towards the Eder, the courfe of which it will follow until that river meets the Fuld; and then it will go up that river as far as its fource.

The French republic will confider as neutral ftates all thofe in the line, on condition that they observe on their fide a ftrict neutrality; the first point of which will be to furnish, for the future, for the continuation of the war, no pecuniary contributions of any kind whatever; to order back immediately, if they have not already done fo, their refpective contingents of troops, and that in the fpace of two months from the figning of the prefent treaty; and not to contract any new engagement, which may authorize thei?. to furnish troops to the powers at war with France. The ftates which do not act agreeably to the fe conditions fhall be excluded from the benefit of the neutrality.

As for that part of the county of La Marck, which, being on the left bank of the Roer, is not included in the above line, it will nevertheless enjoy the benefits of this treaty in the fullest extent;

but his Pruffian majefty confents to allow the troops of the belligerent powers to pafs through it, on condition that they do not there eftablish the theatre of the war, nor poffefs themfelves of entrenched pofitions, &c. &c.

Given at Berlin, Auguft 5th, 1796, old ftyle, and the 18th Thermidor, 4th year of the French republic.

(Signed) CHRETIEN HAUGWILTZ, ANTOINE CAILLARD.

Anfwer of the Prefident of the United

States of America, to the Refolution paffed by the House of Reprefentatives, on the 24th of March 1796; which had for its Object to procure a Copy of the Inftructions granted to Mr. Jay relative to the Treaty with Great Britain.

Gentlemen of the houfe of

reprefentatives,

With the utmost attention I have confidered your resolution of the 24th inftant, requesting me to lay before your houfe a copy of the inftructions to the minifter of the United States who negotiated the treaty with the king of Great Britain, together with the correfpondence and other documents relative to that treaty, excepting fuch of the faid papers as any exifting negotiation may render improper to be disclosed.

In deliberating on this fubject, it was impoffible for me to lofe fight of the principle which some have avowed in its difcuffion, or to avoid extending my views to the confequences which mutt flow from the admiffion of that principle.

I truft that no part of my con duct has ever indicated a dispo fition to with-hold any informa

tion which the conftitution has enjoined upon the prefident as a duty to give, or which could be required of him by either houfe of congreís as a right; and with truth I affirm, that it has been, as it will continue to be while I have the honour to prefide in the government, my conftant endeavour to harmonize with the other branches thereof, fo far as the truft delegated to me by the people of the United States, and my fenfe of the obligation it impofes, to "preferve, protect, and defend the conftitution," will permit.

The nature of foreign negotiations requires caution; and their fucceffes must often depend on fecrecy; and even when brought to a conclufion, a full difclofure of all the measures, demands, or eventual conceffions, which may have been propofed or contemplated, would be extremely impolitic; for this might have a pernicious influence on future negotiations, or produce immediate inconveniencies; perhaps danger and mischief, in relation to other powers. The necefty of fuch caution and fecrecy was one cogent reafon for vesting the power of making treaties in the prefident, with the adrice and confent of the fenate; 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 reprefentatives 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 infpection of the papers asked for can be relative to any purpofe under cognizance of the houfe of reprefentatives, except that of an impeachment, which the refolution

has not expreffed. I repeat that I have no difpofition to with-hold any information which the duty of my ftation will permit, or the public good fhall require to be difclofed; and, in fact, all the papers affecting the negotiation with Great Britain were laid before the fenate, when the treaty itself was communicated for their confideration and advice,

The courfe which the debate has taken on the refolution of the houfe leads to fome obfervations on the mode of making treaties under the constitution of the United States.

general convention, and knowing Having been a member of the the principles on which the conftitution was formed, I have never entertained but one opinion on this fubject; and from the first eftablishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclufively vefted in the prefident, by and with the advice of the fenate, provided two-thirds of the fenators prefent concur; and that every treaty, fo made and promulgated, thenceforward became the law of the land. It is thus that the treatymaking power has been underftood by foreign nations; and in all treaties made with them, we have declared, and they have believed, that, when ratified by the prefident, with the advice and confent of the fenate, they became obligatory. In this conftruction of the conftitution, every houfe of reprefentatives has heretofore acquiefced; and until the prefent time, not a doubt or fufpicion has appeared, to my knowledge, that this conftruction was not the true

one.

Nay, they have more than acquiefced; for, until now, with

put

eut controverting the obligation of fuch treaties, they have made all the requifite provifions for carrying them into effect.

There is alfo reafon to believe, that this conftruction agrees with the opinions entertained by the ftate conventions when they were deliberating on the conftitution, efpecially by thofe who objected to it because there was not required in commercial treaties the confent of two-thirds of the whole fenate, inftead of two-thirds of the fenators prefent; and because, in treaties refpecting territorial and certain other rights and claims, the concurrence of three-fourths of the whole number of the members of both houfes refpectively was not made neceffary.

It is a fact, declared by the general convention, and univerfally understood, that the conftitution of the United States was the refult of

a fpirit of amity and mutual conceffion. And it is well known, that, under this influence, the smaller states were admitted to an equal reprefentation in the fenate with the larger ftates, and that this branch of the government was invefted with great powers; for, on the equal participation of thofe powers, the fovereignty and political fafety of the fmaller ftates were deemed effentially to depend.

If other proofs than these, and the plain letter of the conftitution itself, be neceffary to afcertain the point under confideration, they

may

be found in the journals of the general convention, which I have depofited in the office of the department of state. In thofe journals it will appear, that a propofition was made," that no treaty fhould be binding on the United States which was not ratified by a law,"

7

and that the propofition was explicitly rejected.

As, therefore, it is perfectly clear to my understanding, that the affent of the houfe of reprefentatives is not neceffary to the validity of a treaty; as the treaty with Great Britain exhibits in itfelf all the objects requiring legiflative provifion, and on which thefe papers called for can throw no light; and as it is effential to the due adminiftration of the government, that the boundaries fixed by the conftitution between the different departments fhould be preferved, a juft regard to the conftitution, and to the duty of my office, under all the circumftances of this cafe, forbid a compliance with your request.

GEO. WASHINGTON.

United States, March 30.

Refolutions paffed by the House of Reprefentatives of the United States, on the 7th of April, 1796.

Refolved, that it being declared by the fecond fection of the second article of the conftitution, "that the prefident fhall have power, by and with the advice of the fenate, to make treaties, provided twothirds of the fenators prefent concur;" the house of reprefentatives do not claim any agency in making treaties; but that when a treaty ftipulates regulations on any of the fubjects fubmitted by the conftitution to the power of congrefs, it muft depend for its execution, as to fuch ftipulations, on a law or laws to be paffed by Congrefs; and it is the conftitutional right and duty of the house of reprefentatives, in all fuch cafes, to deliberate on the expediency or inexpediency of car

rying

rying fuch treaties into effect; and to determine and act thereon, as in their judgment may be moft conducive to the public good.

Refolved, that it is neceffary to the propriety of any application from this houfe to the executive for information defired by them, and which may relate to any conftitutional functions of the houfe, that the purpose for which fuch information may be wanted, or to which the fame is intended to be applied, fhould be stated in the application.

Refolved, that it is expedient to pafs the laws neceffary for carrying into effect the treaty lately concluded with certain Indians northweft of the Ohio.

Refolved, that it is expedient to pafs the laws neceffary for carrying into effect the treaty lately concluded with the dey and regency of Algiers.

The houfe taking into confideration the treaty of amity, commerce, and navigation, between the United States and Great Britain, communicated by the prefident in his meffage of the first day of March laft, are of opinion, that it is in many refpects highly injurious to the interefts of the United States; yet, were they poffeffed of any information that could juftify the great facrifices contained in the treaty, their fincere defire to cherish harmony and amicable intercourfe with all nations, and their earneft wish to co-operate in haftening a final adjustment of the differences fubfifting between the United States and Great Britain, might have induced them to wave their objections to the treaty; but when they contemplate the conduct of Great Britain, in persevering, fince

the treaty was figned, in the im. preffment of American feamen, and the feizure of American veffels laden with provifions, contrary to the cleareft right of neutral nations; whether this be viewed as the conftruction meant to be given to any article in the treaty, or as contrary to, and an infraction of the true meaning and fpirit thereof, the houfe cannot but confider it as incumbent on them to forbear, under fuch circumftances, taking at prefent any active measures on the fubject: therefore,

Refolved, that, under the circumftances aforefaid, and with fuch information as the houfe poffeffes, it is not expedient at this time to concur. paffing the laws necessary for carrying the faid treaty into effect *.

Address of George Washington, Prefident, to the Citizens of the United States, on his intended Refignation.

Friends and fellow citizens, The period for a new election of a citizen to administer the executive government of the United States, being not far diftant, and the time actually arrived when your thoughts must be employed in defignating the perfon who is to be clothed with that important truft, it appears to me proper, efpecially as it may conduce to a more diftinct expreffion of the public voice, that I fhould now apprife you of the refolution I have formed, to decline being confidered among the number of those out of whom a choice is to be made.

I beg you, at the fame time, to

The treaty with Great Britain, however, was finally ratified by the house of reprefentatives, on the 30th of April, 1796.

do

do me the justice to be affured, that this refolution has not been taken without a strict regard to all the confiderations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of fervice, which filence, in my fituation, might imply, I am influenced by no diminution of zeal for your future intereft; no deficiency of grateful refpect for your paft kindnefs; but am fupported by a full conviction that the ftep is compatible with both.

The acceptance of, and continuance hitherto in the office to which your fuffrages have twice called me, have been a uniform facrifice of inclination to the opinion of duty, and to a deference for what appeared to be your defire. I conftantly hoped that it would have been much earlier in my power, confiftently with motives which I was not at liberty to difregard, to return to that retirement from which I had been reluctantly drawn. The ftrength of my inclination to do this, previous to the laft election, had even led to the preparation of an addrefs to declare it to you; but mature reRection on the then perplexed and critical pofture of our affairs with foreign nations, and the unanimous advice of perfons entitled to my confidence, impelled me to abandon the idea.

I rejoice that the ftate of your oncerns, external as well as internal, no longer renders the purfuit of inclination incompatible with the fentiment of duty or propriety; and am perfuaded, what ever partiality may be retained for my fervices, that, in the prefent circumstances of our country, you will not difapprove my determination to retire.

The impreffions with which I first undertook the arduous truft were explained on the proper occafion. In the difcharge of this truft, I will only fay that I have, with good intentions, contributed, towards the organization and adminiftration of the government, the beft exertions of which a very fallible judgment was capable. Not unconfcious in the outfet, of the inferiority of my qualifications, experience in my own eyes, perhaps, ftill more in the eyes of others, has ftrengthened the motives to diffidence of myself; and every day the increafing weight of years admonifles me more and more that the fhade of retirement is as necessary to me as it will be welcome. Satisfied, that if any circumstances have given peculiar value to my fervices, they were temporary; I have the confolation to believe, that while choice and prudence invite me to quit the political scene, patriotifm does not forbid it.

In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to fufpend the deep acknowledgment of that debt of gratitude which I owe to my beloved country, for the many honours it has conferred upon me: ftill more for the ftedfaft confidence with which it has fupported me; and for the opportunities I have thence enjoyed, of manifefting my inviolable attachment, by fervices faithful and perfevering, though in ufefulnefs unequal to iny zeal. If benefits have refulted to our country from thefe fervices, let it always be remembered to your praife, and as an inftructive example in our annals, that, under circumftances in which the paffions, agitated in every direction, were liable to mislead, amidst appearances fometimes du

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