A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
History
A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government; Washington, George, 1732-1799
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: First, whether those treaties were to be considered as
perfected and consequently as obligatory without being ratified. If not,
then secondly, 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 Wyandottes, etc. 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 as
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.
GEORGE WASHINGTON.
UNITED STATES, _September 29, 1789_.
_Gentlemen of the Senate:_
Public-domain text, read in full here on John Shaqi.
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