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cause there was not required, in commercial treaties, the consent of two thirds of the whole number of the members of the Senate, instead of two thirds of the Senators present; and because, in treaties respecting 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 necessary.

It is a fact declared by the general convention, and universally understood, that the constitution of the United States was the result of a spirit of amity and mutual concession. And it is well known, that, under this influence, the smaller States were admitted to an equal representation in the Senate with the larger States, and that this branch of the government was invested with great powers; for on the equal participation of those powers the sovereignty and political safety of the smaller States were deemed essentially to depend.

If other proofs than these, and the plain letter of the constitution itself, be necessary to ascertain the point under consideration, they may be found in the journals of the general convention, which I have deposited in the office of the Department of State. In those journals it will appear, that a proposition was made, "that no treaty should be binding on the United States, which was not ratified by a law;" and that the proposition was explicitly rejected.

As, therefore, it is perfectly clear to my understanding, that the assent of the House of Representatives is not necessary to the validity of a treaty; as the treaty with Great Britain exhibits, in itself, all the objects requiring legislative provision, and on these the papers called for can throw no light; and as it is essential to the due administration of the government,

that the boundaries, fixed by the constitution between the different departments, should be preserved; a just regard to the constitution and to the duty of my of fice, under all the circumstances of this case, forbids a compliance with your request.

GEORGE WASHINGTON.

MESSAGE

TO BOTH HOUSES OF CONGRESS; RESPECTING THE TERRITORY SOUTH OF THE OHIO RIVER.

APRIL 8TH, 1796.

By an act of Congress, passed on the 26th of May, one thousand seven hundred and ninety, it was declared that the inhabitants of the territory of the United States south of the River Ohio should enjoy all the privileges, benefits, and advantages set forth in the ordinance of Congress for the government of the territory of the United States northwest of the River Ohio; and that the government of the said territory south of the Ohio should be similar to that, which was then exercised in the territory northwest of the Ohio; except so far as was otherwise provided in the conditions expressed in an act of Congress, passed the 2d of April, one thousand seven hundred and ninety, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of Western territory."

Among the privileges, benefits, and advantages, thus secured to the inhabitants of the territory south of the River Ohio, appears to be the right of forming a permanent constitution and State government, and of admission as a State, by its delegates, into the Con

gress of the United States on an equal footing with the original States, in all respects whatever, when it should have therein sixty thousand free inhabitants; provided the constitution and government, so to be formed, should be republican, and in conformity to the principles contained in the articles of the said ordi

nance.

As proofs of the several requisites to entitle the territory south of the River Ohio to be admitted as a State into the Union, Governor Blount has transmitted a return of the enumeration of its inhabitants, and a printed copy of the constitution and form of government on which they have agreed; which, with his letters accompanying the same, are herewith laid before Congress.

GEORGE WASHINGTON.

MESSAGE

TO BOTH HOUSES OF CONGRESS; ON THE INJURY SUSTAINED BY AMERICAN COMMERCE

FROM FRENCH CRUISERS.

JANUARY 19TH, 1797.

At the opening of the present session of Congress, I mentioned that some circumstances of an unwelcome nature had lately occurred in relation to France; that our trade had suffered and was suffering extensive injuries in the West Indies from the cruisers and agents of the French Republic; and that communications had been received from its minister here, which indicated danger of a further disturbance of our commerce by its authority, and that were in other respects far from agreeable; but that I reserved for a special

message a more particular communication on this interesting subject. This communication I now make.

The complaints of the French minister embraced most of the transactions of our government in relation to France from an early period of the present war; which, therefore, it was necessary carefully to review. A collection has been formed, of letters and papers relating to those transactions, which I now lay before you, with a letter to Mr. Pinckney, our minister at Paris, containing an examination of the notes of the French minister, and such information as I thought might be useful to Mr. Pinckney in any further representations he might find necessary to be made to the French government. The immediate object of his mission was to make to that government such explanations of the principles and conduct of our own, as, by manifesting our good faith, might remove all jealousy and discontent, and maintain that harmony and good understanding with the French Republic, which it has been my constant solicitude to preserve. government, which required only a knowledge of the truth to justify its measures, could not but be anxious to have this fully and frankly displayed.

GEORGE WASHINGTON.

A

PROCLAMATIONS.

PROCLAMATION

FOR A NATIONAL THANKSGIVING.

Whereas it is the duty of all nations to acknowledge the Providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor; and whereas both Houses of Congress have, by their joint committee, requested me "to recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness ;"

Now, therefore, I do recommend and assign Thursday, the twenty-sixth day of November next, to be devoted by the people of these States to the service of that great and glorious Being, who is the Beneficent Author of all the good that was, that is, or that will be; that we may then all unite in rendering unto him our sincere and humble thanks for his kind care and protection of the people of this country, previous to their becoming a nation; for the signal and manifold mercies, and the favorable interpositions of his providence, in the course and conclusion of the late war; for the great degree of tranquillity, union, and plenty, which we have since enjoyed; for the peaceable and ra

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