Chapter 12

It might not have been necessary to have requested your opinion on this business had not the commissioner, with good intentions, but incautiously, made certain ratifications of lands unauthorized by his instructions and unsupported by the Constitution.

It therefore became necessary to disavow the transaction explicitly in a letter written by my orders to the governor of New York on the 17th of August last.

The speeches to the Complanter and other Seneca chiefs, the instructions to Colonel Proctor, and his report, and other messages and directions are laid before you for your information and as evidences that all proper lenient measures preceded the exercise of coercion.

The letters to the chief of the Creeks are also laid before you, to evince that the requisite steps have been taken to produce a full compliance with the treaty made with that nation on the 7th of August, 1790.

GEORGE WASHINGTON.

UNITED STATES, _October 27, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you a copy of a letter and of sundry documents which I have received from the governor of Pennsylvania, respecting certain persons who are said to have fled from justice out of the State of Pennsylvania into that of Virginia, together with a report of the Attorney-General of the United States upon the same subject.

I have received from the governor of North Carolina a copy of an act of the general assembly of that State, authorizing him to convey to the United States the right and jurisdiction of the said State over 1 acre of land in Occacock Island and 10 acres on the Cape Island, within the said State, for the purpose of erecting light-houses thereon, together with the deed of the governor in pursuance thereof and the original conveyances made to the State by the individual proprietors, which original conveyances contain conditions that the light-house on Occacock shall be built before the 1st day of January, 1801, and that on the Cape Island before the 8th day of October, 1800. And I have caused these several papers to be deposited in the office of the Secretary of State.

A statement of the returns of the enumeration of the inhabitants of the United States which have been received will at this time be laid before you.

GEORGE WASHINGTON.

UNITED STATES, _October 27, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I have directed the Secretary of War to lay before you, for your information, the reports of Brigadier-General Scott and Lieutenant-Colonel Commandant Wilkinson, the officers who commanded the two expeditions against the Wabash Indians in the months of June and August last, together with the instructions by virtue of which the said expeditions were undertaken. When the operations now depending shall be terminated, the reports relative thereto shall also be laid before you.

GEORGE WASHINGTON.

UNITED STATES, _October 31, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I send you herewith the arrangement which has been made by me, pursuant to 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," in respect to the subdivision of the several districts created by the said act into surveys of inspection, the appointment of officers for the same, and the assignment of compensations.

GEORGE WASHINGTON.

UNITED STATES, _November 1, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I received yesterday from the judge of the district of South Carolina a letter, inclosing the presentments of the grand jury to him, and stating the causes which have prevented the return of the census from that district, copies of which are now laid before you.

GEORGE WASHINGTON.

UNITED STATES, _November 10, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

The resolution passed at the last session of Congress, requesting the President of the United States to cause an estimate to be laid before Congress at their next session of the quantity and situation of the lands not claimed by the Indians nor granted to nor claimed by any of the citizens of the United States within the territory ceded to the United States by the State of North Carolina and within the territory of the United States northwest of the river Ohio, has been referred to the Secretary of State, a copy of whose report on that subject I now lay before you, together with the copy of a letter accompanying it.

GEORGE WASHINGTON.

UNITED STATES, _November 11, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I have received from the governor of Virginia a resolution of the general assembly of that Commonwealth, ratifying the first article of the amendments proposed by Congress to the Constitution of the United States, a copy of which and of the letter accompanying it I now lay before you.

Sundry papers relating to the purchase by Judge Symmes of the lands on the Great Miami having been communicated to me, I have thought it proper to lay the same before you for your information on that subject.

GEORGE WASHINGTON.

UNITED STATES, _December 12, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

It is with great concern that I communicate to you the information received from Major-General St. Clair of the misfortune which has befallen the troops under his command.

Although the national loss is considerable according to the scale of the event, yet it may be repaired without great difficulty, excepting as to the brave men who have fallen on the occasion, and who are a subject of public as well as private regret.

A further communication will shortly be made of all such matters as shall be necessary to enable the Legislature to judge of the future measures which it may be proper to pursue.

GEORGE WASHINGTON.

UNITED STATES, _December 13, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I place before you the plan of a city that has been laid out within the district of 10 miles square, which was fixed upon for the permanent seat of the Government of the United States.

GEORGE WASHINGTON.

UNITED STATES, _December 20, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you the copy of a letter which I have received from the governor of the Commonwealth of Pennsylvania, and of sundry documents which accompanied it, relative to a contract for the purchase of a certain tract of land bounding on Lake Erie, together with a copy of a report of the Secretary of State on the same subject.

GEORGE WASHINGTON.

UNITED STATES, _December 30, 1791_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you a copy of the ratification by the Commonwealth of Virginia of the articles of amendment proposed by Congress to the Constitution of the United States, and a copy of a letter which accompanied said ratification from the governor of Virginia.

GEORGE WASHINGTON.

UNITED STATES, _January 11, 1792_.

_Gentlemen of the Senate_:

I lay before you the following report, which has been made to me by the Secretary of State:

DECEMBER 22, 1791.

The Secretary of State reports to the President of the United States that one of the commissioners of Spain, in the name of both, has lately communicated to him verbally, by order of his Court, that His Catholic Majesty, apprised of our solicitude to have some arrangements made respecting our free navigation of the river Mississippi and the use of a port thereon, is ready to enter into treaty thereon at Madrid.

The Secretary of State is of opinion that this overture should be attended to without delay, and that the proposal of treating at Madrid, though not what might have been desired, should yet be accepted, and a commission plenipotentiary made out for the purpose.

That Mr. Carmichael, the present chargé d'affaires of the United States at Madrid, from the local acquaintance which he must have acquired with persons and circumstances, would be an useful and proper member of the commission, but that it would be useful also to join with him some person more particularly acquainted with the circumstances of the navigation to be treated of.

That the fund appropriated by the act providing the means of intercourse between the United States and foreign nations will insufficiently furnish the ordinary and regular demands on it, and is consequently inadequate to the mission of an additional commissioner express from hence.

That therefore it will be advisable on this account, as well as for the sake of dispatch, to constitute some one of the ministers of the United States in Europe, jointly with Mr. Carmichael, commissioners plenipotentiary for the special purpose of negotiating and concluding with any person or persons duly authorized by His Catholic Majesty a convention or treaty for the free navigation of the river Mississippi by the citizens of the United States under such accommodations with respect to a port and other circumstances as may render the said navigation practicable, useful, and free from dispute, saving to the President and Senate their respective rights as to the ratification of the same, and that the said negotiation be at Madrid, or such other place in Spain as shall be desired by His Catholic Majesty.

TH. JEFFERSON.

In consequence of the communication from the Court of Spain, as stated in the preceding report, I nominate William Carmichael, present chargé d'affaires of the United States at Madrid, and William Short, present chargé d'affaires of the United States at Paris, to be commissioners plenipotentiary for negotiating and concluding with any person or persons who shall be duly authorized by His Catholic Majesty a convention or treaty concerning the navigation of the river Mississippi by the citizens of the United States, saving to the President and Senate their respective rights as to the ratification of the same.

GEORGE WASHINGTON.

UNITED STATES, _January 11, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you, in confidence, two reports, made to me by the Secretary for the Department of War, relatively to the present state of affairs on the Western frontiers of the United States.

In these reports the causes of the present war with the Indians, the measures taken by the Executive to terminate it amicably, and the military preparations for the late campaign are stated and explained, and also a plan suggested of such further measures on the occasion as appear just and expedient.

I am persuaded, gentlemen, that you will take this important subject into your immediate and serious consideration, and that the result of your deliberations will be the adoption of such wise and efficient measures as will reflect honor on our national councils and promote the welfare of our country.

GEORGE WASHINGTON.

UNITED STATES, _January 18, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you a copy of an exemplified copy of an act of the legislature of Vermont, ratifying on behalf of that State the articles of amendment proposed by Congress to the Constitution of the United States together with a copy of a letter which accompanied said ratification.

GEORGE WASHINGTON.

UNITED STATES, _January 18, 1792_.

_Gentlemen of the Senate_:

I lay before you the communications of a deputation from the Cherokee Nation of Indians now in this city, and I request your advice whether an additional article shall be made to the Cherokee treaty to the following effect, to wit:

That the sum to be paid annually by the United States to the Cherokee Nation of Indians in consideration of the relinquishment of lands as stated in the treaty made with them on the 2d day of July, 1791, shall be $1,500 instead of $1,000 mentioned in the said treaty.

GEORGE WASHINGTON.

UNITED STATES, _January 23, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

Having received from the governor of Virginia a letter, inclosing a resolution of the general assembly of that State and a report of a committee of the House of Delegates respecting certain lands located by the officers and soldiers of the Virginia line under the laws of that State, and since ceded to the Chickasaw Indians, I lay copies of the same before you, together with a report of the Secretary of State on this subject.

GEORGE WASHINGTON.

UNITED STATES, _February 8, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

An article of expense having occurred in the Department of Foreign Affairs for which no provision has been made by law, I lay before you a letter from the Secretary of State explaining the same, in order that you may do thereon what you shall find to be right.

GEORGE WASHINGTON.

UNITED STATES, _March 3, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

I lay before you a copy of a return of the number of inhabitants in the district of South Carolina as made to me by the marshal thereof, and a copy of a letter which accompanied said return.

GEORGE WASHINGTON.

UNITED STATES, _March 5, 1792_.

_Gentlemen of the Senate and of the House of Representatives_:

Knowing the friendly interest you take in whatever may promote the happiness and prosperity of the French nation, it is with pleasure that I lay before you the translation of a letter which I have received from His Most Christian Majesty, announcing to the United States of America his acceptance of the constitution presented to him by his nation.

GEORGE WASHINGTON.

_Very Dear Great Friends and Allies_:

We make it our duty to inform you that we have accepted the constitution which has been presented to us in the name of the nation, and according to which France will be henceforth governed.

We do not doubt that you take an interest in an event so important to our Kingdom and to us, and it is with real pleasure we take this occasion to renew to you assurances of the sincere friendship we bear you. Whereupon we pray God to have you, very dear great friends and allies, in His just and holy keeping.

Written at Paris the 19th of September, 1791.

Your good friend and ally,

LOUIS.

MONTMORIN.

The UNITED STATES OF NORTH AMERICA.

UNITED STATES, _March 6, 1792_.

_Gentlemen of the Senate_:

I lay before you the following report, which has been submitted to me by the Secretary of State:

JANUARY 10, 1792.

The Secretary of State having received information that the merchants and merchandise of the United States are subject in Copenhagen and other ports of Denmark to considerable extra duties, from which they might probably be relieved by the presence of a consul there--

Reports to the President of the United States that it would be expedient to name a consul to be resident in the port of Copenhagen; that he has not been able to find that there is any citizen of the United States residing there; that there is a certain Hans Rudolph Saaby, a Danish subject and merchant of that place, of good character, of wealth and distinction, and well qualified and disposed to act there for the United States, who would probably accept the commission of consul; but that that of vice-consul, hitherto given by the President to foreigners in ports where there was no proper American citizen, would probably not be accepted because in this, as in some other ports of Europe, usage has established it as a subordinate grade.

And that he is therefore of the opinion that the said Hans Rudolph Saaby should be nominated consul of the United States of America for the port of Copenhagen and such other places within the allegiance of His Danish Majesty as shall be nearer to the said port than to the residence of any other consul or vice-consul of the United States within the same allegiance.

THOMAS JEFFERSON.

With a view to relieve the merchants and merchandise of the United States from the extra duties to which they are or may be subjected in the ports of Denmark, I have thought it for the interest of the United States that a consul be appointed to reside at Copenhagen. I therefore nominate Hans Rudolph Saaby, a Danish subject and merchant of Copenhagen, to be consul for the United States of America at the port of Copenhagen and for such other places within the allegiance of His Danish Majesty as shall be nearer to the said port than to the residence of any other consul or vice-consul of the United States within the same allegiance.

GEORGE WASHINGTON.

UNITED STATES, _March 7, 1792_.

_Gentlemen of the Senate_:

I submit to your consideration the report of the Secretary of State, which accompanies this, stating the reasons for extending the negotiation proposed at Madrid to the subject of commerce, and explaining, under the form of instructions to the commissioners lately appointed to that Court, the principles on which commercial arrangements with Spain might, if desired on her part, be acceded to on ours; and I have to request your decision whether you will advise and consent to the extension of the powers of the commissioners as proposed, and to the ratification of a treaty which shall conform to those instructions should they enter into such a one with that Court.

GEORGE WASHINGTON.

MARCH 7, 1792.

The Secretary of State having understood from communications with the commissioners of His Catholic Majesty, subsequent to that which he reported to the President on the 22d of December last, that though they considered the navigation of the Mississippi as the principal object of negotiation between the two countries, yet it was expected by their Court that the conferences would extend to all the matters which were under negotiation on the former occasion with Mr. Gardoqui, and particularly to some arrangements of commerce, is of opinion that to renew the conferences on this subject also, since they desire it, will be but friendly and respectful, and can lead to nothing without our own consent, and that to refuse it might obstruct the settlement of the questions of navigation and boundary; and therefore reports to the President of the United States the following observations and instructions to the commissioners of the United States appointed to negotiate with the Court of Spain a treaty or convention relative to the navigation of the Mississippi, which observations and instructions he is of opinion should be laid before the Senate of the United States, and their decision be desired whether they will advise and consent that a treaty be entered into by the commissioners of the United States with Spain conformably thereto.

After stating to our commissioners the foundation of our rights to navigate the Mississippi and to hold our southern boundary at the thirty-first degree of latitude, and that each of these is to be a sine qua non, it is proposed to add as follows:

On the former conferences on the navigation of the Mississippi, Spain chose to blend with it the subject of commerce, and accordingly specific propositions thereon passed between the negotiators. Her object then was to obtain our renunciation of the navigation and to hold out commercial arrangements perhaps as a lure to us. Perhaps, however, she might then, and may now, really set a value on commercial arrangements with us, and may receive them as a consideration for accommodating us in the navigation, or may wish for them to have the appearance of receiving a consideration. Commercial arrangements, if acceptable in themselves, will not be the less so if coupled with those relating to navigation and boundary. We have only to take care that they be acceptable in themselves.

There are two principles which may be proposed as the basis of a commercial treaty: First, that of exchanging the privileges of native citizens, or, second, those of the most favored nation.

First. With the nations holding important possessions in America we are ready to exchange the rights of native citizens, provided they be extended through the whole possessions of both parties; but the propositions of Spain made on the former occasion (a copy of which accompanies this) were that we should give their merchants, vessels, and productions the privileges of native merchants, vessels, and productions through the whole of our possessions, and they give the same to ours only in Spain and the Canaries. This is inadmissible, because unequal; and as we believe that Spain is not ripe for an equal exchange on this basis, we avoid proposing it.

Second. Though treaties which merely exchange the rights of the most favored nations are not without all inconvenience, yet they have their conveniences also. It is an important one that they leave each party free to make what internal regulations they please, and to give what preferences they find expedient to native merchants, vessels, and productions; and as we already have treaties on this basis with France, Holland, Sweden, and Prussia, the two former of which are perpetual, it will be but small additional embarrassment to extend it to Spain. On the contrary, we are sensible it is right to place that nation on the most favored footing, whether we have a treaty with them or not, and it can do us no harm to secure by treaty a reciprocation of the right.

Of the four treaties before mentioned, either the French or the Prussian might be taken as a model; but it would be useless to propose the Prussian, because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other; and without this equivalent we would not agree to tie our own hands so materially in war as would be done by the twenty-third article, which renounces the right of fitting out privateers or of capturing merchant vessels. The French treaty, therefore, is proposed as the model. In this, however, the following changes are to be made:

We should be admitted to all the dominions of Spain to which any other foreign nation is or may be admitted.

Article 5, being an exemption from a particular duty in France, will of course be omitted as inapplicable to Spain.

Article 8 to be omitted as unnecessary with Morocco, and inefficacious and little honorable with any of the Barbary powers; but it may furnish occasion to sound Spain on the project of a convention of the powers at war with the Barbary States to keep up by rotation a constant cruise of a given force on their coasts till they shall be compelled to renounce forever and against all nations their predatory practices. Perhaps the infidelities of the Algerines to their treaty of peace with Spain, though the latter does not choose to break openly, may induce her to subsidize _us_ to cruise against them with a given force.

Articles 9 and 10, concerning fisheries, to be omitted as inapplicable.

Article 11. The first paragraph of this article respecting the droit d'aubaine to be omitted, that law being supposed peculiar to France.