GEO. WASHINGTON.

_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.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16) · 第 26 / 242 题