A Compilation Of The Messages And Papers Of The Presidents Volu
Chapter 10
The undersigned has the honor to observe that this contravention of the fifth article of the treaty of commerce might have authorized His Majesty to modify proportionately the favors granted by the same article to the American navigation; but the King, always faithful to the principles of friendship and attachment to the United States, and desirous of strengthening more and more the ties which subsist so happily between the French nation and these States, thinks it more conformable to these views to order the undersigned to make representations on this subject, and to ask in favor of French vessels a modification of the act which imposes an extraordinary tonnage on foreign vessels. His Majesty does not doubt but that the United States will acknowledge the justice of this claim, and will be disposed to restore things to the footing on which they were at the signature of the treaty of the 6th February, 1778.
L.G. OTTO.
[Translation.]
_L.G. Otto to the Secretary of State_.
NEW YORK, _January 8, 1791_.
His Excellency M. JEFFERSON,
_Secretary of State_.
SIR: I have the honor herewith to send you a letter from the King to Congress, and one which M. de Montmorin has written to yourself. You will find therein the sincere sentiments with which you have inspired our Government, and the regret of the minister in not having a more near relation of correspondence with you. In these every person who has had the advantage of knowing you in France participates.
At the same time, it gives me pain, sir, to be obliged to announce to you that the complaints of our merchants on the subject of the tonnage duty increase, and that they have excited not only the attention of the King but that of several departments of the Kingdom. I have received new orders to request of the United States a decision on this matter and to solicit in favor of the aggrieved merchants the restitution of the duties which have already been paid. I earnestly beg of you, sir, not to lose sight of an object which, as I have already had the honor to tell you verbally, is of the greatest importance for cementing the future commercial connections between the two nations.
In more particularly examining this question you will perhaps find that motives of convenience are as powerful as those of justice to engage the United States to give to His Majesty the satisfaction which he requires. At least twice as many American vessels enter the ports of France as do those of France the ports of America. The exemption of the tonnage of duty, then, is evidently less advantageous for the French than for the navigators of the United States. Be this as it may, I can assure you, sir, that the delay of a decision in this respect by augmenting the just complaints of the French merchants will only augment the difficulties.
I therefore beg of you to enable me before the sailing of the packet, which will take place toward the last of this month, to give to my Court a satisfactory answer.
I have the honor to be, etc.,
L.G. OTTO.
UNITED STATES, _January 24, 1791_.
_Gentlemen of the Senate and House of Representatives_:
I lay before you a statement relative to the frontiers of the United States, which has been submitted to me by the Secretary for the Department of War.
I rely upon your wisdom to make such arrangements as may be essential for the preservation of good order and the effectual protection of the frontiers.
GEORGE WASHINGTON.
UNITED STATES, _January 24, 1791_.
_Gentlemen of the Senate and House of Representatives_:
In execution of the powers with which Congress were pleased to invest me by their act entitled "An act for establishing the temporary and permanent seat of Government of the United States," and on mature consideration of the advantages and disadvantages of the several positions within the limits prescribed by the said act, I have by a proclamation bearing date this day (a copy of which is herewith transmitted) directed commissioners, appointed in pursuance of the act, to survey and limit a part of the territory of 10 miles square on both sides of the river Potomac, so as to comprehend Georgetown, in Maryland, and extend to the Eastern Branch.
I have not by this first act given to the said territory the whole extent of which it is susceptible in the direction of the river, because I thought it important that Congress should have an opportunity of considering whether by an amendatory law they would authorize the location of the residue at the lower end of the present, so as to comprehend the Eastern Branch itself and some of the country on its lower side, in the State of Maryland, and the town of Alexandria, in Virginia. If, however, they are of opinion that the Federal territory should be bounded by the water edge of the Eastern Branch, the location of the residue will be to be made at the upper end of what is now directed.
I have thought best to await a survey of the territory before it is decided on what particular spot on the northeastern side of the river the public buildings shall be erected.
GEORGE WASHINGTON.
UNITED STATES, _January 26, 1791_.
_Gentlemen of the Senate and House of Representatives_:
I lay before you the copy of a letter from the President of the National Assembly of France to the President of the United States, and of a decree of that Assembly, which was transmitted with the above-mentioned letter.
GEORGE WASHINGTON.
UNITED STATES, _January 27, 1791_.
_Gentlemen of the Senate and House of Representatives_:
In order that you may be fully informed of the situation of the frontiers and the prospect of hostility in that quarter, I lay before you the intelligence of some recent depredations, received since my message to you upon this subject of the 24th instant.
GEORGE WASHINGTON.
UNITED STATES, _February 9, 1791_.
_Gentlemen of the Senate and House of Representatives_:
I have received from the governor of Vermont authentic documents, expressing the consent of the legislatures of New York and of the Territory of Vermont that the said Territory shall be admitted to be a distinct member of our Union; and a memorial of Nathaniel Chipman and Lewis R. Morris, commissioners from the said Territory, praying the consent of Congress to that admission, by the name and style of the State of Vermont, copies of which I now lay before Congress, with whom the Constitution has vested the object of these proceedings.
GEORGE WASHINGTON.
UNITED STATES, _February 14, 1791_.
_Gentlemen of the Senate and House of Representatives_:
Soon after I was called to the administration of the Government I found it important to come to an understanding with the Court of London on several points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements by mutual consent which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose I authorized informal conferences with their ministers, and from these I do not infer any disposition on their part to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have influence on matters under your consideration.
GEORGE WASHINGTON.
UNITED STATES, _February 14, 1791_.
_Gentlemen of the Senate_:
Conceiving that in the possible event of a refusal of justice on the part of Great Britain we should stand less committed should it be made to a private rather than to a public person, I employed Mr. Gouverneur Morris, who was on the spot, and without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information I lay before you the instructions I gave him and those parts of his communications wherein the British ministers appear either in conversation or by letter. These are two letters from the Duke of Leeds to Mr. Morris, and three letters of Mr. Morris giving an account of two conferences with the Duke of Leeds and one with him and Mr. Pitt. The sum of these is that they declare without scruple they do not mean to fulfill what remains of the treaty of peace to be fulfilled on their part (by which we are to understand the delivery of the posts and payment for property carried off) till performance on our part, and compensation where the delay has rendered the performance now impracticable; that on the subject of a treaty of commerce they avoided direct answers, so as to satisfy Mr. Morris they did not mean to enter into one unless it could be extended to a treaty of alliance offensive and defensive, or unless in the event of a rupture with Spain.
As to the sending a minister here, they made excuses at the first conference, seemed disposed to it in the second, and in the last express an intention of so doing.
Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them.
GEORGE WASHINGTON.
UNITED STATES, _February 18, 1791_.
_Gentlemen of the Senate_:
The aspect of affairs in Europe during the last summer, and especially between Spain and England, gave reason to expect a favorable occasion for pressing to accommodation the unsettled matters between them and us. Mr. Carmichael, our charge d'affaires at Madrid, having been long absent from his country, great changes having taken place in our circumstances and sentiments during that interval, it was thought expedient to send some person, in a private character, fully acquainted with the present state of things here, to be the bearer of written and confidential instructions to him, and at the same time to possess him in full and frequent conversations of all those details of facts and topics of argument which could not be conveyed in writing, but which would be necessary to enable him to meet the reasonings of that Court with advantage. Colonel David Humphreys was therefore sent for these purposes.
An additional motive for this confidential mission arose in the same quarter. The Court of Lisbon had on several occasions made the most amicable advances for cultivating friendship and intercourse with the United States. The exchange of a diplomatic character had been informally, but repeatedly, suggested on their part. It was our interest to meet this nation in its friendly dispositions and to concur in the exchange proposed. But my wish was at the same time that the character to be exchanged should be of the lowest and most economical grade. To this it was known that certain rules of long standing at that Court would produce obstacles. Colonel Humphreys was charged with dispatches to the prime minister of Portugal and with instructions to endeavor to arrange this to our views. It happened, however, that previous to his arrival at Lisbon the Queen had appointed a minister _resident_ to the United States. This embarrassment seems to have rendered the difficulty completely insurmountable. The minister of that Court in his conferences with Colonel Humphreys, professing every wish to accommodate, yet expresses his regrets that circumstances do not permit them to concur in the grade of chargé d'affaires, a grade of little privilege or respectability by the rules of their Court and held in so low estimation with them that no proper character would accept it to go abroad. In a letter to the Secretary of State he expresses the same sentiments, and announces the appointment on their part of a minister _resident_ to the United States, and the pleasure with which the Queen will receive one from us at her Court. A copy of his letter, and also of Colonel Humphreys's giving the details of this transaction, will be delivered to you.
On consideration of all circumstances I have determined to accede to the desire of the Court of Lisbon in the article of grade. I am aware that the consequences will not end here, and that this is not the only instance in which a like change may be pressed. But should it be necessary to yield elsewhere also, I shall think it a less evil than to disgust a government so friendly and so interesting to us as that of Portugal.
I do not mean that the change of grade shall render the mission more expensive.
I have therefore nominated David Humphreys minister resident from the United States to Her Most Faithful Majesty the Queen of Portugal.
GEORGE WASHINGTON.
UNITED STATES, _February 22, 1791_.
_Gentlemen of the Senate_:
I will proceed to take measures for the ransom of our citizens in captivity at Algiers, in conformity with your resolution of advice of the 1st instant, so soon as the moneys necessary shall be appropriated by the Legislature and shall be in readiness.
The recognition of our treaty with the new Emperor of Morocco requires also previous appropriation and provision. The importance of this last to the liberty and property of our citizens induces me to urge it on your earliest attention.
GEORGE WASHINGTON.
UNITED STATES, _February 23, 1791_.
_Gentlemen of the Senate_:
Information having been received from Thomas Auldjo, who was appointed vice-consul of the United States at Cowes, in Great Britain, that his commission has not been recognized by that Government because it is a port at which no foreign consul has yet been received, and that it has been intimated to him that his appointment to the port of Poole and parts nearer to that than to the residence of any other consul of the United States would be recognized and his residence at Cowes not noticed, I have therefore thought it expedient to nominate Thomas Auldjo to be vice-consul for the United States at the port of Poole, in Great Britain, and such parts within the allegiance of His Britannic Majesty as shall be nearer thereto than to the residence of any other consul or vice-consul of the United States within the same allegiance.
I also nominate James Yard, of Pennsylvania, to be consul for the United States in the island of Santa Cruz and such other parts within the allegiance of His Danish Majesty as shall be nearer thereto than to the residence of any other consul or vice-consul of the United States within the same allegiance.
GEORGE WASHINGTON.
UNITED STATES, _March 4, 1791_.
_Gentlemen of the Senate_:
The act for the admission of the State of Vermont into this Union having fixed on this as the day of its admission, it was thought that this would also be the first day on which any officer of the Union might legally perform any act of authority relating to that State. I therefore required your attendance to receive nominations of the several officers necessary to put the Federal Government into motion in that State.[1]
For this purpose I nominate Nathaniel Chipman to be judge of the district of Vermont; Stephen Jacobs to be attorney for the United States in the district of Vermont; Lewis R. Morris to be marshal of the district of Vermont, and Stephen Keyes to be collector of the port of Allburgh, in the State of Vermont.
GEORGE WASHINGTON.
UNITED STATES, _March 4, 1791_.
_Gentlemen of the Senate_:
Pursuant to the powers vested in me by the act entitled "An act repealing after the last day of June next the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same," I have thought fit to divide the United States into the following districts, namely:
The district of New Hampshire, to consist of the State of New Hampshire; the district of Massachusetts, to consist of the State of Massachusetts; the district of Rhode Island and Providence Plantations, to consist of the State of Rhode Island and Providence Plantations; the district of Connecticut, to consist of the State of Connecticut; the district of Vermont, to consist of the State of Vermont; the district of New York, to consist of the State of New York; the district of New Jersey, to consist of the State of New Jersey; the district of Pennsylvania, to consist of the State of Pennsylvania; the district of Delaware, to consist of the State of Delaware; the district of Maryland, to consist of the State of Maryland; the district of Virginia, to consist of the State of Virginia; the district of North Carolina, to consist of the State of North Carolina; the district of South Carolina, to consist of the State of South Carolina; and the district of Georgia, to consist of the State of Georgia.
And I hereby nominate as supervisors of the said districts, respectively, the following persons, viz:
For the district of New Hampshire, Joshua Wentworth; for the district of Massachusetts, Nathaniel Gorham; for the district of Rhode Island and Providence Plantations, John S. Dexter; for the district of Connecticut, John Chester; for the district of Vermont, Noah Smith; for the district of New York, William S. Smith; for the district of New Jersey, Aaron Dunham; for the district of Pennsylvania, George Clymer; for the district of Delaware, Henry Latimer; for the district of Maryland, George Gale; for the district of Virginia, Edward Carrington; for the district of North Carolina, William Polk; for the district of South Carolina, Daniel Stevens; for the district of Georgia, John Mathews.
GEORGE WASHINGTON.
[Footnote 1: For proclamation convening Senate in extraordinary session see p. 587.]
PROCLAMATIONS.
[From a broadside in the archives of the Department of State.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the general assembly of the State of Maryland, by an act passed on the 23d day of December, A.D. 1788, intituled "An act to cede to Congress a district of 10 miles square in this State for the seat of the Government of the United States," did enact that the Representatives of the said State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March then next ensuing, should be, and they were thereby, authorized and required on the behalf of the said State to cede to the Congress of the United States any district in the said State not exceeding 10 miles square which the Congress might fix upon and accept for the seat of Government of the United States;
And the general assembly of the Commonwealth of Virginia, by an act passed on the 3d day of December, 1789, and intituled "An act for the cession of 10 miles square, or any lesser quantity, of territory within this State to the United States in Congress assembled, for the permanent seat of the General Government," did enact that a tract of country not exceeding 10 miles square, or any lesser quantity, to be located within the limits of the said State, and in any part thereof, as Congress might by law direct, should be, and the same was thereby, forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of Government of the United States;
And the Congress of the United States, by their act passed the 16th day of July, 1790, and intituled "An act for establishing the temporary and permanent seat of the Government of the United States," authorized the President of the United States to appoint three commissioners to survey under his direction and by proper metes and bounds to limit a district of territory, not exceeding 10 miles square, on the river Potomac, at some place between the mouths of the Eastern Branch and Connogocheque, which district, so to be located and limited, was accepted by the said act of Congress as the district for the permanent seat of the Government of the United States:
Now, therefore, in pursuance of the powers to me confided, and after duly examining and weighing the advantages and disadvantages of the several situations within the limits aforesaid, I do hereby declare and make known that the location of one part of the said district of 10 miles square shall be found by running four lines of experiment in the following manner, that is to say: Running from the court-house of Alexandria, in Virginia, due southwest half a mile, and thence a due southeast course till it shall strike Hunting Creek, to fix the beginning of the said four lines of experiment.
Then beginning the first of the said four lines of experiment at the point on Hunting Creek where the said southeast course shall have struck the same, and running the said first line due northwest 10 miles; thence the second line into Maryland due northeast 10 miles; thence the third line due southeast 10 miles, and thence the fourth line due southwest 10 miles to the beginning on Hunting Creek.
And the said four lines of experiment being so run, I do hereby declare and make known that all that part within the said four lines of experiment which shall be within the State of Maryland and above the Eastern Branch, and all that part within the same four lines of experiment which shall be within the Commonwealth of Virginia and above a line to be run from the point of land forming the upper cape of the mouth of the Eastern Branch due southwest, and no more, is now fixed upon and directed to be surveyed, defined, limited, and located for a part of the said district accepted by the said act of Congress for the permanent seat of the Government of the United States (hereby expressly reserving the direction of the survey and location of the remaining part of the said district to be made hereafter contiguous to such part or parts of the present location as is or shall be agreeable to law).
And I do accordingly direct the said commissioners, appointed agreeably to the tenor of the said act, to proceed forthwith to run the said lines of experiment, and the same being run, to survey and by proper metes and bounds to define and limit the part within the same which is hereinbefore directed for immediate location and acceptance, and thereof to make due report to me under their hands and seals.
In testimony whereof I have caused the seal of the United States to be affixed to these presents and signed the same with my hand.
[SEAL.]
Done at the city of Philadelphia, the 24th day of January, A.D. 1791, and of the Independence of the United States the fifteenth.
GEORGE WASHINGTON.
By the President: TH: JEFFERSON.
[From a broadside in the archives of the Department of State.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it hath been represented to me that James O'Fallon is levying an armed force in that part of the State of Virginia which is called Kentucky, disturbs the public peace, and sets at defiance the treaties of the United States with the Indian tribes, the act of Congress intituled "An act to regulate trade and intercourse with the Indian tribes," and my proclamations of the 14th and 26th days of August last founded thereon; and it is my earnest desire that those who have incautiously associated themselves with the said James O'Fallon may be warned of their danger, I have therefore thought fit to publish this proclamation, hereby declaring that all persons violating the treaties and act aforesaid shall be prosecuted with the utmost rigor of the law.
And I do, moreover, require all officers of the United States whom it may concern to use their best exertions to bring to justice any persons offending in the premises.
In testimony whereof I have caused the seal of the United States to be affixed to these presents and signed the same with my hand.
[SEAL.]
Done at the city of Philadelphia, the 19th day of March, A.D. 1791, and of the Independence of the United States the fifteenth.
GEORGE WASHINGTON.
By the President: TH: JEFFERSON.
[From the Washington Papers (Executive Proceedings), vol. 20, p. 191.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.