ing to the grandees and the states in diet ailembled, the magnitude of the danger of the present war, in which a deftructive enemy threatens the hereditary kingdoms and provinces; the states, therefore, animated with the example of their ancestors, have refolved fully to realize the expectation not only of the hereditary dominions, but of alt Europe. The states, withing to follow the footsteps of their anceffors, will negleét no means in their power to avert all future danger, and to compel the enemy to make a peace fuitable to the dig pity of his majesty, and to the honour of the nation.

It is very flattering to the states that his majefty deigned not to question their devotion and fidelity, when they have not long ago given affurances at the foot of the throne, which they made oath to facrifice their blood and their lives for his majefty and the country. The fame valour which infpired their ancestors in 1741 fil lives in them, and with them alone it can ever perith. For the purpofe of accomplishing the defires of his majefty, and to guarantee religion, the royal prerogative, as well as the rights of the nobility, and of all other fellow-citizens; rights which the enemy endeavours to deftroy; the flates have refolved to offer to his majetty, as a voluntary contribution for the profecution of the war, 50,000 recruits, all the neceffary grain for the fubfiftence of a force of 3.40,000 men during a twelvemonth, which forms a total of 2.400,00o meafures of Piesburg, and for 80,000 hortes 3.700,0co meatures of dats; farther, 20,oco oxen, and 10,000 horfes; the whole, however, with

out infringement of article 36, of the year 1741.

The flates bope that that audacious enemy, who has lately been repulfed far beyond our frontiers by the victorious armies under the command of his royal highness the Archduke Charles, will ultimately return to more moderate principles. Should the contrary happen, and the enemy perfift in their exaggerated and obstinate pretenfions, and with to continue the war, the fates are well refolved to take the field themselves to combat that enemy: and in this cafe they offer from this moment to prepare for rifug in a mats for the future the whole kingdom, and all its provinces comprised.

The states conclude by supplicating his majesty to be pleased to accept this offer, which has for its object the defence of his facred perfon, of his auguft houfe, and of the citizens of the empire in general, with that paternal bounty which characterizes him; and that he be affured that the heart of the Hungarians is the fafeft bulwark against every enemy of the house of Auftria.

Substance of the Correspondence between the Cabinet of Berlin and the Court of Vienna, respecting the Line of Demarcation effablished between bis Pruffian Majesty and the French Republic.

AN official note, tranfinitted by M. the marquis Lucchefini to the minifter of his Imperial majesty. acquainted the court of Vienna with "the intention of the court of Berlin to obtain from his Imperial majesty his approbation of meafures adopted for the security of that part of Germany, by means

tory measures, and of making an arbitrary use of his power as head of the empire, fince the laws renewed in the present war forbid the ftates to separate, on any occafion, from the general association, and any armament, under the title of an armed neutrality, during the continuance of a war of the empire, and interdict them in the most positive manner from arbitrarily renouncing obligations formerly imposed upon them for the common defence.

His Imperial majefty, in virtue of the facred duties imposed upon him by his high office as fupreme head of the empire, on the other hand, being called upon to defend the rights of the Germanic conftitution against every step and every principle incompatible with their fafety, to preserve to the empire, and to every particular state, its immunities entire, and to guard them against the prejudices which may arife from these measures, will be disposed in the mean time to grant them his approbation, if they are confined to the legal defence of the countries, and if they do not depart from the principles, the forms, and the obligations, prefcribed by the laws and the conftitution.

Message of the President of the United States of America to Congress, Jan. 4, 1796.

Gentlemen of the Senate, and of the House of Reprefentatives,

A LETTER from the minister plenipotentiary of the French republic, received on the 2zd of last month, covered an address, dated the 2 ft of October, 1795, 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 colours of France; I therefore proposed to receive them laft 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 colours, with an address, to which I returned an anfwer.

By the latter the house will fee that I have informed the minifter, that the colours will be depofited with the archives of the United States. But it seemed to me proper 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 occafion, in behalf of the United States. They are herewith communicated.

GEORGE WASHINGTON.

United States, Jan. 4, 1796.

Answer of General Washington to a Resolution passed by the House of Representatives which had for its Object to procure a Copy of the Instructions granted to Mr. Jay, relative to the Treaty with Great Britain.

Gentlemen of the House of Representatives,

WITH the utmost attention I have confidered your refolution of the 24th inftant, requesting me to lay before your house a copy of the instructions to the minifter 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 fuch of the faid papers as any exifting negotiaton may render improper to be disclosed.

In deliberating on this subject, it was impoffible for me to lose fight of the principle which some have avowed in its discussion, or to avoid extending my views to the confequences which must flow from the admiffion of that principle.

I trust that no part of my conduct has ever indicated a disposition to withhold any information which the conftitution has enjoined upon the prefident as a duty to give, or which could be required of him by either house 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 preside in the government, my constant 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 sense of the obligation it imposes, to 'preserve, protect, and defend the conftitution,' will permit.

The nature of foreign negotiations requires caution; and their fuccesses must often depend on secrecy, and even when brought to a conclufion, a full disclosure of all the measures, demands, or eventual conceffions which may have been proposed 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 such caution and fecrecy was one cogent

reason for vesting the power of making treaties in the prefident, with the advice and confent 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 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 ftation will permit, or the public good shall require to be disclosed; 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 course which the debate has taken on the resolution of the house, leads to some observations 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 constitution was formed, I have never entertained but oncopinion on this fubject; and from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclufively vested in the president, by and

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and with the advice of the fenate, provided two-thirds of the fenators present concur; and that every treaty so made and promulgated, thenceforward becomes the law of the land. It is thus that the treaty-making power has been understood by foreign nations; and in all treaties made with them we have declared, and they have believed, that when ratified by the president, with the advice and confent of the senate, they became obligatory. In this construction of the conftitution, every house of representatives has heretofore acquiefced; and until the present time, not a doubt or fufpicion has appeared to my knowledge, that this construction was not a true one. Nay, they have more than ac quiefced; for until now, without controverting the obligation of fuch treaties, they have made all the requifite provifions for carrying them into effect.

There is alfo reason to believe that this conftruction agrees with the opinions entertained by the state conventions, when they were deliberating on the conftitution, especially 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 ienators 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 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 spirit of amity and mutual con

ceffion. And it is well known, that under this influence the smaller states were admitted to an equal representation in the fenate 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 fovereignty and political fafety of the smaller states were deemed essentially to depend.

If other proofs than these, and the plain letter of the conftitution itself, be neceffary to afcertain the point under confideration, 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 propofition was made, "that no treaty should be binding on the United States which was not ratified by a law," 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 necessary to the validity of a treaty, as a treaty with Great Britain exhibits in itself all the objects requiring legislative provifion, and on which these 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 should be preferveda just regard to the conftitution, and to the duty of my office, under all the circumstances of this cafe forbid a compliance with your request.