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posal of the requiring power during take place, and the two contra&ting
the whole continuance of the war, powers shall be bound to bring
without its incurring in any case into action against the common
any expence. The power called enemy the whole of their land and
en fhall maintain them in all places sea forces, and to concert their
where its aily fall cause them to plans so as to direct them towards
aft, as if it employed them directly the most convenient points, either
for itself. It is fimply agreed on, separately or by uniting them.
that, during the whole of the time They equally bind themselves, in
when the aforesaid troops or ships the cases pointed out in the pre-
hall be on the territory or in the sent article, cot to treat for peace
ports of the requiring power, it unless with one common consent,
thall furnish from its magazines or and in such a way as that each
arsenals whatever may be necessary shall obtain the satisfaction which
to them, in the same way and at is its due.
the same price as it supplies its own

XIV. In the case in which one troops and ships.

of the powers shall act merely as X. The power called on shall an auxiliary, the power which immediately replace the thips it alone shall find itself attacked may furnishes, which may be lost by treat of peace separately, but so as accidents of war or of the sea. It that no prejudice may result from shall also repair the losses the troops thence to the auxiliary power, and it supplies may suffer.

that it may even turn as much as XI. If the aforesaid succours are pollible to its direct advantage. found to be, or fhould become For this purpose advice shall be insufficient, the two contracting given to the auxiliary power of the powers fliall

put on foot the great- mode and time agreed on for the eft forces they posibly can, as well opening and fequel of the negotiaby sea as by land, against the ene- tions. my of the power attacked, which XV. Without any delay there shall employ the aforesaid forces, Mall be concluded a treaty of comeither by combining them, or by merce on the most equitable basis, caufing them to act separately, and and reciprocally advantageous to this conformably to a plan con- the two nations, which shall se. Certed between them.

cure to each of them, with its ally, XII. The succours stipulated by a marked preference for the prothe preceding articles shall be fur- ductions of its foil or manufactures, nished in all the wars the contracting or at least advantages equal to those powers may have to maintain, even which the most favoured nations in those in which the party called enjoy in their respective ftates, on may not be directly interested. The two powers engage to make and may act merely as a simple instantly a common cause to re

press and annihilate the maxims XIII. In the case in which adopted by any country whatever, the motives of hostilities being pre- which may be subversive of their judicial to both parties, they may present principles, and which may declare war with one common af. bring into danger the safety of the fent against one or several powers, neutral flag, and the respect which the limitations established in the is due to it, as well as to raise and preceding articles shall cease to re-estabļith the colonial system of



Spain on the footing on which it dated 20 Messidor, (Sept. 6) and has sublisted, or ought to sublist, charged with its instructions, conformably to treaties.

Done at the national palace of XVI. The character and juris- the executive directory, the fourth diction of the confuls shall be at year of the French republic, one the same time recognized and re- and indivisible. gulated by a particular convention. Conformable to the original. The conventions anterior to the (Signed) REVEILLERE LI. present treaty fhall be prceifionally PAUX, prefident. executed.

By the executive directory. XVII. To avoid every dispute LAGARDE, secretary general. between the two powers, they fall be bound to employ themselves immediately, and without delay, in Treaty between the King of Pruffia the explanation and developement and the French Republic, respecting of the VIlih article of the treaty the Neutrality of the North of Gerof Bafle, concerning the frontiers,

many, Aug. 5, 1796. conformable to the instructions, plans, and memoirs, which shall be His majesty the king of Prussia, communicated through the medium and the French republic, having of the plenipotentiaries who nego- deemed it proper to modify, in a tiate the present treaty.

manner agreeable to existing cirXVIII. England being the only cumstances, the stipulations relative power against which Spain has di- to the neutrality of the northern rect grievances, the present alli- part of Germany agreed upon by ance mall not be executed unless the treaty of Balle, the sth of against her during the present war; April, 1795, and by the convenand Spain shall remain neuter with tion of the 17th of May; they respect to the other powers armed named, to concert on that subject, against the republic.

viz. his Pruflian majesty, Sieur XIX. The ratifications of the Chretien Henri Count de Haugpresent treaty shall be exchanged wiltz, his minister of state for the within a month from the date of war department : and the French its being signed.

republic, citizen Antoine Caillard, Done at St. Ildephonso, 2nd its minister plenipotentiary at BerFructidor, (Aug. 19) the 4th year lin; who, having mutually exs of the French republic, one and in- changed their powers, have agreed divisible.

on the following articles : (Signed) PERIGNON, and the The French republic will abstain

Prince of PEACE. from extending the operations of The executive directory resolves the war, and from sending troops, on and figns the present offenfive either by land or sea, into the states and defenlive treaty of alliance with included in the following line of his catholic majesty the king of demarcation : Spain, negotiated in the name of This line to begin from the part the French republic by citizen of the duchy of Holstein situate Dominique Catherine Perignon, on the north sea, extending down general of division, founded on the coast of that fea, on the side of powers to that effect by a refolu- Germany, and including the terriHon of the executive directory, tory in which the Elbe disem.


bogues itself, together with the We- but his Prussian majesty consents ser and the Ems, as well as the islands to allow the troops of the belli. situated in those districts, as far as gerent powers to pass through it, Forcum, from thence to the fron- on condition that they do not there tiers of Holland, as far as Anholt, establish the theatre of the war, nor paffing Herenberg, and including possess themselves of entrenched The Pruflian poffeffions near Se- pofitions, &c. &c. venaer, as far as Bair on the Ysel ; Given at Berlin, August 5th, it will then continue down that 1796, old style, and the 18th river to the place where it mixes its Thermidor, 4th year of the French waters with the Rhine; the line will republic. then go up the latter river as far as (Signed) CHRBTIEN HAUGWILTZ, Wesel, and farther on, to the place

ANTOINE CAILLARD. where the Roer throws itself into the Rhine ; it will then extend along the left bank of the Roer to Anfwer of the President of the United its source; after which, leaving the States of America, to the Refolucity of Nedebach to the left, it tion pased by the House of Reprewill take its direction towards the

fentatives, on the 24th of March Eder, the course of which it will

1796; which had for its Objedt to follow until that river meets the

procure a Copy of the Inflructions Fuld; and then it will go up that granted to Mr. Fay relative to the fiver as far as its source.

Treaty with Great Britain. The French republic will consider as neutral states all those in

Gentlemen of the house of the line, on condition that they

representatives, observe on their fide a strict neu. With the utmost attention I trality; the first point of which have considered your resolution of will be to furnith, for the future, the 24th instant, requesting me to for the continuation of the war, lay before your house a copy of no pecuniary contributions of any the instructions to the minister of kind whatever; to order back im- the United States who negotiated mediately, if they have not alrea. the treaty with the king of Great dy done so, their respective con- Britain, together with the corre. tingents of troops, and that in the spondence and other documents space of two months from the relative to that treaty, excepting signing of the present treaty; and such of the said papers as any exnot to contract any new engage- ifting negotiation may render im. ment, which may authorize their proper to be disclosed. to furnish troops to the powers at In deliberating on this subject, war with France. The states which it was impossible for me to lose do not act agreeably to these con- sight of the principle which some ditions shall be excluded from the have avowed in its difcuffion, or benefit of the neutrality.

to avoid extending my views to As for that part of the county of the consequences which mult flow La Marck, which, being on the from the admission of that prinleft bank of the Roer, is not in- ciple. cluded in the above line, it will I trust that no part of my connevertheless enjoy the benefits of duct has ever indicated a dispoghis treaty in the fullest extent ; sition to with-hold any inforniation which the confitution has en- has not expressed. I repeat that I joined upon the president as a duty have no disposition to with-hold to give, or which could be require any information which the duty ed of him by either house of con- of my station will permit, or the gress as a right; and with truth I public good shall require to be diraffirm, that it has been, as it will closed; and, in fact, all the papers continue to be while I have the affecting the negotiation with Great honour to preside in the govern- Britain were laid before the senate, meņi, my constant endeavour to when the treaty itself was commuharmonize with the other branches nicated for their confideration and thereof, so far as the trust delegated advice, to me by the people of the United The course which the debate States, and my sense of the obli- has taken on the resolution of the gation it imposes, to“ preserve, house leads to some observations protect, and defend the constitu- on the mode of making treaties tion," will permit.


under the constitution of the Unit. The nature of foreign negotia. ed States. tions requires caution; and their Having been a member of the successes must often depend on se- general convention, and knowing crecy; and even when brought to the principles on which the con a conclusion, a full disclosure of stitution was formed, I have never all the measures, demands, or even- entertained but one opinion on tual concessions, which may have this subject; and from the first been proposed or contemplated, establishment of the government would be extremely impolitic; for to this moment, my conduct has this might have a pernicious influ- exemplified that opinion, that the mce on future negotiations, or power of making treaties is excluproduce immediate inconvenien- lively vefied in the president, by cies; perhaps danger and mischief, and with the advice of the senate, in relation to other powers. The provided two-thirds of the senators neceflity of such caution and fe- present concur; and that every crecy was one cogent reason for treaty, so made and promulgated, resting the power of making trea- thenceforward became the law of ties in the president, with the ad- the land. It is thus that the treatyrice and content of the senate; making power has been underthe principle on which that body stood by foreign nations; and in was formed confining it to a small all treaties made with them, we number of members. To admit, have declared, and they have bethen, a right in the house of re- lieved, that, when ratified by the prefentatives to demand, and to president, with the advice and conhave as a matter of course, all the sent of the senate, they became papers respecting a negotiation obligatory. In this conftruction of with a foreign power, would be to the constitution, every house of re. establish a dangerous precedent. presentatives has heretofore ac

It does not occur that the in- quiesced ; and until the present spection of the papers asked for can time, not a doubt or suspicion has be relative to any purpose under appeared, to my knowledge, that cognizance of the house of repre- this construction was not the true fentatives, except that of an im. one. Nay, they have more than peachment, which the resolution acquiesçed; for, until now, with


out controverting the obligation of and that the proposition was exsuch treaties, they have made all plicitly rejected. the requifite provisions for carry- As, therefore, it is perfectly ing them into effect.

clear to my understanding, that the There is also reason to believe, afsent of the house of representathat this construction agrees with tives is not necessary to the validithe opinions entertained by the ty of a treaty; as the treaty with ftate conventions when they were Great Britain exhibits in itself all deliberating on the conftitution, the objects requiring legislative proespecially by those who objected to vision, and on which these pait because there was not required pers called for can throw no light; in commercial treaties the consent and as it is essential to the due adof two-thirds of the whole senate, 'ministration of the government, instead of two-thirds of the sena- that the boundaries fixed by the tors present; and because, in trea- conftitution between the differties respecting territorial and cer- ent departments fhould be pretain other rights and claims, the ferved, - a just regard to the conconcurrence of three-fourths of the 'ftitution, and to the duty of my whole number of the members of office, under all the circumstances both houses respectively was not of this case, forbid a compliance made necessary.

with your request. It is a fact, declared by the ge

Geo. WASHINGTON. neral convention, and universally United States, March 30. understood, that the constitution of the United States was the result of a spirit of amity and mutual con- . Resolutions passed by the House of Receflion. And it is well know'n,

presentatives of the United States, on that, under this infuence, the small

the 7th of April, 1796. er states were admitted to an equal representation in the senate with Refolved, that it being declared the larger states, and that this by the second section of the second branch of the government was in- article of the constitution, “ that vested with great powers; for, on the president shall have power, by the equal participation of those and with the advice of the senate, powers, the sovereignty and politi- to make treaties, provided twocal safety of the smaller states were thirds of the senators present condeemed effentially to depend, cur;”. the house of representatives

If other proofs than these, and do not claim any agency in making the plain letter of the constitution treaties; but that when a treaty itself, be necessary to ascertain the stipulates regulations on any of the point under consideration, they subjects submitted by the consti. may be found in the journals of the tution to the power of congress, it general convention, which I have muft depend for its execution, as to deposited in the office of the de- such stipulations, on a law or laws partment of state. In those journals to be paffed by Congres; and it is it will appear, that a proposition the constitutional right and duty was made, “ that no treaty thould of the house of reprefentatives, in be binding on the United States all such cases, to deliberate on the which was not ratified by a law," expediency or inexpediency of car7


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