MESSAGE TO BOTH HOUSES OF CONGRESS; ON THE PRESENTATION OF THE COLORS OF THE FRENCH REPUBLIC. JANUARY 4TH, 1796. A letter from the minister plenipotentiary of the French Republic, received on the 22d of last month, covered an address, dated the 21st of October, 1794, 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 colors of France. I thereupon 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 colors, with an address, to which I returned an answer. By the latter, the House will see, that I have informed the minister, that the colors will be deposited with the archives of the United States. But it seemed to me proper, previously, 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 occasion in behalf of the United States. They are herewith communicated. GEORGE WASHINGTON. MESSAGE TO BOTH HOUSES OF CONGRESS; ON THE PROGRESS MADE IN ERECTING PUBLIC BUILDINGS AT THE PERMANENT SEAT OF GOVERNMENT. JANUARY 8TH, 1796. I transmit to you a memorial of the commissioners, appointed by virtue of an act entitled "An act for establishing the temporary and permanent seat of the government of the United States," on the subject of the public buildings under their direction. Since locating a district for the permanent seat of the government of the United States, as heretofore announced to both houses of Congress, I have accepted the grants of money and of land, stated in the memorial of the commissioners. I have directed the buildings therein mentioned to be commenced on plans, which I deemed consistent with the liberality of the grants, and proper for the purposes intended. I have not been inattentive to this important business intrusted by the legislature to my care. I have viewed the resources placed in my hands, and observed the manner in which they have been applied; the progress is pretty fully detailed in the memorial from the commissioners, and one of them intends to give further information, if required. In a case, new and arduous, like the present, difficulties might naturally be expected; some have occurred, but they are, in a great degree surmounted; and I have no doubt, if the remaining resources are properly cherished, so as to prevent the loss of property by hasty and numerous sales, that all the buildings required for the accommodation of the government of the United States may be completed in season without aid from the federal treasury. The subject is, therefore, recommended to the consideration of Congress, and the result will determine the measures which I shall cause to be pursued with respect to the property remaining unsold. GEORGE WASHINGTON. MESSAGE TO THE HOUSE OF REPRESENTATIVES, ASSIGNING HIS REASONS FOR NOT COMPLYING WITH THEIR RESOLUTION OF THE 24TH INSTANT, REQUESTING "A COPY OF THE INSTRUCTIONS, CORRESPONDENCE, AND OTHER DOCUMENTS RELATIVE TO THE TREATY LATELY CONCLUDED BETWEEN THE UNITED STATES AND GREAT BRITAIN." GENTLEMEN OF THE HOUSE OF REPRESENTATIVES, With the utmost attention I have considered your resolution of the 24th instant, requesting me to lay before your House a copy of the instructions to the minister of the United States, who negotiated the treaty with the King of Great Britain, together with the correspondence and other documents relative to that treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed. In deliberating upon this subject, it was impossible for me to lose sight of the principle, which some have avowed in its discussion, or to avoid extending my views to the consequences, which must flow from the admission of that principle. I trust that no part of my conduct has ever indicated a disposition to withhold any information which the constitution has enjoined upon the President as a duty to give, or which could be required of him by either House of Congress as a right; and with truth I affirm, that it has been, as it will continue to be while I have the honor to preside in the government, my constant endeavour to harmonize with the other branches thereof, so far as the trust delegated to me by the people of the United States, and my sense of the obligation it imposes to "preserve, protect, and defend the constitution," will permit. The nature of foreign negotiations requires caution, and their success must often depend on secrecy; and, even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions, which may have been proposed or contemplated, would be extremely impolitic; for this might have a pernicious influence on future negotiations, or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent 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 Representatives 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 the 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 station will permit, or the public good shall require, to be disclosed; and, in fact, all the papers affecting the VOL. XII. 15 J* negotiation with Great Britain, were laid before the Senate, when the treaty itself was communicated for their consideration and advice. The course, which the debate has taken on the resolution of the House, leads to some observations on the mode of making treaties under the constitution of the United States. Having been a member of the general convention, and knowing the principles on which the constitution was formed, I have ever entertained but one opinion on this subject; and, from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclusively vested in the President, by and with the advice and consent of the Senate, provided two thirds of the Senators present concur; and that every treaty, so made and promulgated, thenceforward became the law of the land. It is thus that the treatymaking power has been understood by foreign nations; and, in all the treaties made with them, we have declared, and they have believed, that, when ratified by the President, with the advice and consent of the Senate, they became obligatory. In this construction of the constitution, every House of Representatives has heretofore acquiesced; and, until the present time, not a doubt or suspicion has appeared, to my knowledge, that this construction was not the true one. Nay, they have more than acquiesced; for till now, without controverting the obligation of such treaties, they have made all the requisite provisions for carrying them into effect. There is also reason to believe that this construction agrees with the opinions entertained by the State conventions, when they were deliberating on the constitution; especially by those who objected to it, be |