ing to the grandees and the states In diet affembled, the magnitude of the danger of the prefent war, in which a deftrudite enemy threatens the hereditary kingdoms and provinces'y the states, therefore, animated with the example of their ancestors, have refolved fully to realize the expectation not only of the hereditary"dominions, but of all Europe. The ftates, wishing to follow the footsteps of their anceftors, will neglect no means in their power to avert all future danger, and to compel the enemy to make a peace fuitable to the dig nity of his majesty, and to the honour of the nation. It is very flattering to the states that his majesty deigned not to question their devotion and fidelity, when they have not long ago'given affurances at the foot of the throne, which they made oath to facrifice their blood and their lives for his majesty and the country. The fame valour which infpired their ancestors in 1741 still lives in them, and with them alone it can ever perish. For the purpose of accomplishing the defires of his majesty, and to guarantee Teligion, the royal prerogative, as well as the rights of the nobility, and of all other fellow-citizens; rights which the enemy endeavours to destroy; the states have refolved to offer to his majesty, as a voluntary contribution for the profecution of the war, 50,000 recruits, all the neceffary grain for the subsistence of a force of 340,000 men during a twelvemonth, which forms a total of 2,400,000 meafures of Presburg, and for 80,000 horfes 3,760,00o measures of oats; farther, 20,000 oxen, and 10,000 horfes; the whole, however, with out infringement of article 36, of the year 1741. The states hope that that audacious enemy, who has lately been repulfed far beyond our frontiers by the victorious armies under the command of his royal highrness the Archduke Charles, will ultimately return to more moderate principles. Should the contrary happen, and the enemy perfift in their exaggerated and obstinate pretenfions, and with to continue the war, the ftates are well refolved to take the field themselves to combat that enemy and in this cafe they offer from this moment to prepare for rifing in a mass for the future the whole kingdom, and all its provinces comprised. The states conclude by fupplicating his majesty to be pleased to accept this offer, which has for its object the defence of his facred perfon, of his august house, and of the citizens of the empire in general, with that paternal bounty which characterizes him; and that he be affured that the heart of the Hungarians is the safest bulwark against every enemy of the house of Austria. Substance of the Correspondence between the Cabinet of Berlin and the Court of Vienna, respecting the Line of Demarcation established between his Pruffian Majesty and the French Republic. AN official note, transmitted by M. the marquis Lucchesini to the minister of his Imperial majesty, acquainted the court of Vienna with "the intention of the court of Berlin to obtain from his Imperial majesty his approbation of measures adopted for the security of that part of Germany, by means of an armed neutrality, announc- Substance of the Reply made to the above HIS Imperial majesty, as fupreme head of the empire, cannot doubt that the states are obliged to concur in a war, rendered neceffary from the preffure of circumstances, and formally declared with all their force, for the common defence. This obligation is derived from the principle of individual, and general security, which is the moft facred and the most effential bafis of every conftitution. It is in a particular manner blended with the fubftance of the Germanic conftitution, and is recognized by feveral of its laws in the moft pofitive terms. Such is the result dictated by the spirit of our conftitution, which fubjects all the respective states, and all the means of defence, to the general controul of the sovereign power of the Germanic empire. Such is the result of the oath of fealty, which the electors, princes, and states of the empire, in order to strengthen the focial bond, take in their capacity of vassals, by which they swear actively to concur in every step which can tend to the honour, to the advantage, and to the profperity of his Imperial majefty and of the empire, and which, by consequence, imposes upon them an obligation to fecond, with all their might, the measures adopted by the chief and the states of the empire, to avert the danger which threatens them with total deftruction. His Imperial majesty fees with pain that the appearances of the war by no means anfwer the expectation which he had been led to entertain; but in confidering the fundamental laws of every well organized conftitution, and the principles recognized in the most pofitive terms in the laws of the empire, full of anxiety for the good of the country, his majefty cannot refrain from manifefting a defire that the corps, affembled at a crifis the most alarming and the most dangerous, may be employed rather in aiding a most juft defence, by oppofing the common enemy, than in stopping an invafion still at a distance, and of which we apprehend only the poffibility. These measures of security, confidered in themselves, do not appear to be contrary to the bafis and the fpirit of the conftitution, provided that the arrangements, for the fafety and the particular defence of the north of Germany, are not founded upon illegal impofitions, and provided they are not employed to fanction the unconftitutional pretext of freeing them from the obligations binding upon them by the regifter of the refolutions of the empire, decreed for the purpose of the general security of Germany. If his Imperial majesty on the present occafion were to grant to this measure of fecurity, as it is termed in the circular letter of the Pruffian minifter, in the letters of convocation, and in the declarations of the plenipotentiaries of the king, an unlimited approbation, all who should compare it with the tenor of the decree of ratification of the 29th of July, 1795, would accufe him of adopting contradic+ U VOL. XXXVIII. tory tory measures, and of making an arbitrary use of his power as head of the empire, since the laws renewed in the present war forbid the ftates to separate, on any occafion, from the general association, and any armament, under the title of an armed neutrality, during the continuance of a war of the empire, and interdict them in the most positive manner from arbitrarily renouncing obligations formerly impofed upon them for the common defence. His Imperial majesty, in virtue of the facred duties imposed upon him by his high office as fupreme head of the empire, on the other hand, being called upon to defend the rights of the Germanic conftitution against every step and every principle incompatible with their safety, to preserve to the empire, and to every particular state, its immunities entire, and to guard them against the prejudices which may arife from these measures, will be disposed in the mean time to grant them his approbation, if they are confined to the legal defence of the countries, and if they do not depart from the principles, the forms, and the obligations, prescribed by the laws and the conftitution. Message of the President of the United States of America to Congress, Jan. 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 laft month, covered an address, dated the 21st of October, 1795, 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 colours of France; I therefore 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 colours, with an address, to which I returned an anfwer. By the latter the house will fee that I have informed the minister, that the colours will be depofited with the archives of the United States. But it seemed to me proper 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 occafion, in behalf of the United States. They are herewith communicated. GEORGE WASHINGTON. United States, Jan. 4, 1796. Answer of General Washington to a Resolution paffed by the House of Representatives which had for its Object to procure a Copy of the Inftructions granted to Mr. Jay, relative to the I reaty with Great Britain. 1 Gentlemen of the House of Representatives, WITH the utmost attention I have confidered your resolution of the 24th inftant, requesting me to lay before your house a copy of the instructions to the minifter of the United States, who negotiated the treaty with the King of Great Britain, together with the correspondence and other documents reltive relative to that treaty, excepting fuch of the faid papers as any exitling negotiaton may render im proper to be disclosed. In deliberating on this fubject, it was impoffible for me to lose fight of the principle which some have avowed in its difcuffion, or to avoid extending my views to the confequences which must flow from the admiffion of that principle. I trust that no part of my conduct has ever indicated a difpofition to withhold any information which the conftitution has enjoined upon the prefident as a duty to give, or which could be required of him by either house of congrefs as a right; and with truth I affirm, that it has been, as it will continue to be while I have the honour to preside 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 'preserve, protect, and defend the conftitution,' will permit. The nature of foreign negotiations requires caution; and their fucceffes muft often depend on fecrecy, and even when brought to a conclufion, a full difclosure of all the measures, demands, or eventual conceffions which may have been proposed or contemplated, would be extremely impo litic; for this might have a pernicious influence on future negotiations, or produce immediate inconveniencies; perhaps danger and mischief, in relation to other powers. The neceffity of fuch caution and fecrecy was one cogent reason for vesting the power of making treaties in the prefident, with the advice and confent 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 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 inspection of the papers asked for can be relative to any purpose under 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 ftation 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 fenate, when the treaty itself was communicated for their confideration and advice. The course which the debate has taken on the resolution of the house, leads to fome observations on the mode of making treaties under the conftitution of the United States. Having been a member of the general convention, and knowing the principles on which the constitution was formed, I have never entertained but oncopinion on this fubject; and from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclufively vested in the prefident, by and with the advice of the fenate, provided two-thirds of the fenators present concur; and that every treaty fo made and promulgated, thenceforward becomes the law of the land. It is thus that the treaty-making power has been understood 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 senate, they became obligatory. In this conftruction of the conftitution, every house of representatives has heretofore acquiefced; and until the present time, not a doubt or fufpicion has appeared to my knowledge, that this conftruction was not a true one. Nay, they have more than acquiefced; for until now, without controverting the obligation of fuch treaties, they have made all the requifite provifions for carrying them into effect. There is also reason to believe that this conftruction agrees with the opinions entertained by the ftate conventions, when they were deliberating on the conftitution, efpecially by those who objected to it, because there was not required in commercial treaties the confent of two-thirds of the whole fenate, instead of two-thirds of the fenators present; 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 houses respectively was not made neceffary. It is a fact declared by the ge. neral convention, and univerfally understood, that the constitution of the United States was the refult of a spirit of amity and mutual con ceffion. And it is well known, that under this influence the smaller states were admitted to an equal representation in the fenate with the larger tates, and that this branch of the government was invested with great powers, for on the equal participation of those powers the fovereignty and political fafety of the smaller states were deemed essentially 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 those journals it will appear that a propofition was made, "that no treaty should be binding on the United States which was not ratified by a law," and that the propofition was explicitly rejected. As, therefore, it is perfectly clear to my understanding, that the affent of the house of reprefentatives is not neceffary to the validity of a treaty, as a treaty with Great Britain exhibits in itself all the objects requiring legiflative provifion, and on which these 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 should be preserveda just regard to the conftitution, and to the duty of my office, under all the circumstances of this cafe forbid a compliance with your request. |