_September_ 16, 1789.
THURSDAY, September 17.
The Senate entered on executive business.
The following message was received from the President of the United
States:
_Gentlemen of the Senate:_
It doubtless is important that all treaties and compacts
formed by the United States with other nations, whether
civilized or not, should be made with caution and executed
with fidelity.
It is said to be the general understanding and practice of
nations, as a check on the mistakes and indiscretions of
ministers or commissioners, not to consider any treaty
negotiated and signed by such officers as final and
conclusive, until ratified by the sovereign or government
from whom they derive their powers. This practice has been
adopted by the United States respecting their treaties with
European nations, and I am inclined to think it would be
advisable to observe it in the conduct of our treaties with
the Indians; for though such treaties being, on their part,
made by their chiefs or rulers, need not be ratified by
them, yet, being formed on our part by the agency of
subordinate officers, it seems to be both prudent and
reasonable that their acts should not be binding on the
nation until approved and ratified by the Government. It
strikes me that this point should be well considered and
settled, so that our national proceedings, in this respect,
may become uniform, and be directed by fixed and stable
principles.
The treaties with certain Indian nations, which were laid
before you with my message of the 25th May last, suggested
two questions to my mind, viz: 1st, Whether those treaties
were to be considered as perfected, and, consequently, as
obligatory, without being ratified? If not, then, 2dly,
Whether both, or either, and which of them, ought to be
ratified? On these questions I request your opinion and
advice.
You have, indeed, advised me "_to execute and enjoin an
observance of_" the treaty with the Wyandots, &c. You,
gentlemen, doubtless intended to be clear and explicit; and
yet, without further explanation, I fear I may
misunderstand your meaning: for if by my _executing_ that
treaty you mean that I should make it (in a more particular
and immediate manner than it now is) the act of Government,
then it follows that I am to ratify it. If you mean by my
_executing it_ that I am to see that it be carried into
effect and operation, then I am led to conclude, either
that you consider it as being perfect and obligatory in its
present state, and therefore to be executed and observed;
or that you consider it to derive its completion and
obligation from the silent approbation and ratification
which my proclamation may be construed to imply. Although I
am inclined to think that the latter is your intention, yet
it certainly is best that all doubts respecting it be
removed.
Permit me to observe, that it will be proper for me to be
informed of your sentiments relative to the treaty with the
Six Nations, previous to the departure of the Governor of
the Western Territory; and therefore I recommend it to
your early consideration.