Spain on the footing on which it h's fubfifted, or ought to fubfift,, conformably to treaties. XVI. The character and jurifdiction of the confuls fhall be at the fame time recognized and regulated by a particular convention. The conventions anterior to the prefent treaty shall be provisionally executed. XVII. To avoid every difpute between the two powers, they fhall be bound to employ themselves immediately, and without delay, in the explanation and developement of the VIIth article of the treaty of Bafle, concerning the frontiers, conformable to the inftructions, plans, and memoirs, which fhall be communicated through the medium of the plenipotentiaries who nego-, tiate the present treaty. XVIII. England being the only power against which Spain has direct grievances, the prefent alliance fhall not be executed unless against her during the prefent war; and Spain fhall remain neuter with refpect to the other powers armed against the republic. XIX. The ratifications of the prefent treaty fhall be exchanged within a month from the date of its being figned. Done at St. Ildephonfo, 2nd Fructidor, (Aug. 19) the 4th year of the French republic, one and in divifible. (Signed) PERIGNON, and the PRINCE OF PEACE. The executive directory refolves on and figns the prefent offenfive and defenfive treaty of alliance with his catholic majefty the king of Spain, negotiated in the name of the French republic by citizen Dominique Catherine Perignon, general of divifion, founded on powers to that effect by a refolution of the executive directory, dated 20 Meffidor, (Sept. 6) and charged with its inftructions. Done at the national palace of the executive directory, the fourth year of the French republic, one and indivisible. Conformable to the original. By the executive directory. Treaty between the King of Pruffia and the French Republic, refpecting the Neutrality of the North of Germany, Aug. 5, 1796. His majefty the king of Pruffia, and the French republic, having deemed it proper to modify, in a manner agreeable to exifting circumftances, the ftipulations relative to the neutrality of the northern part of Germany agreed upon by the treaty of Bafle, the 5th of April, 1795, and by the convention of the 17th of May; they named, to concert on that fubject, viz. his Pruffian majefty, Sieur Chretien Henri Count de Haugwiltz, his minifter of state for the war department: and the French republic, citizen Antoine Caillard, its minifter plenipotentiary at Berlin; who, having mutually exchanged their powers, have agreed on the following articles: The French republic will abftain from extending the operations of the war, and from fending troops, either by land or fea, into the ftates included in the following line of demarcation: This line to begin from the part of the duchy of Holftein fituate on the north fea, extending down the coaft of that fea, on the fide of Germany, and including the territory in which the Elbe difem bogues 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 course 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 those in the line, on condition that they obferve on their fide a strict 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 present treaty; and not to contract any new engagement, which may authorize them to furnish troops to the powers at war with France. The ftates which do not act agreeably to thefe 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 establish the theatre of the war, nor poffefs themselves of entrenched pofitions, &c. &c. Given at Berlin, August 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 house of reprefentatives, With the utmost attention I have confidered your refolution of the 24th inftant, requesting me to lay before your houfe a copy of the inftructions to the minister 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 muft flow from the admiffion of that principle.. I truft that no part of my conduct has ever indicated a difpofition to with-hold any informa tion 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 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 prefide in the govern. ment, 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 fense 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 disclosure 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 neceffity of fuch caution and fecrecy was one cogent reafon for vefting the power of making treaties in the prefident, with the advice and confent of the fenate; the principle on which that body was formed confining it to a final number of members. To admit, then, a right in the houfe 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 eftablish a dangerous precedent. It does not occur that the infpection of the papers afked 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 conftitution of the United States. Having been a member of the general convention, and knowing 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 con. fent 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 .ut out 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 those 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 becaufe, 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 fmaller states were adınitted 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 thefe, and the plain letter of the conftitution itfelf, 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 ftate. 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 house of reprefentatives is not neceffary to the validity of a treaty; as the treaty with Great Britain exhibits in itself 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 circumstances 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 fecond 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 present 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 houfe 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 pass the laws neceffary for carrying into effect the treaty lately concluded with the dey and regency of Algiers. The house 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 perfevering, fince the treaty was figned, in the impreffment of American feamen, and the feizure of American veifels laden with provifions, contrary to the cleareft right of neutral nations; whether this be viewed as the construction 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 house 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 such information as the houfe poffeffes, it is not expedient at this time to concur in paffing the laws neceffary for carrying the faid treaty into effect*. Addrefs 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 adminifter 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 importanť truft, it appears to me proper, efpecially as it may conduce to a more diftinct expreffion of the public voice, that I should now apprife you of the refolution I have formed, to decline being confidered among the number of thofe 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 houfe of re prefentatives, on the 30th of April, 1796. do |