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nourable and solid basis, it depends entirely upon us to grant this blessing to Germany; whether it consists with our authority as chief of the empire, to sanction a peace upon whatever terms, separately conclud ed with the enemy of the empire? In fine, whether at a moment when we have to choose between the dismemberment and the union of the empire, between the dissolution and the establishment of the constitution, between honour and shame, whether, in this critical situation,

we are not rather warranted to require, in the name of the country and the constitution, in the name of all the states which have been pillaged and laid waste, in virtue of oaths still subsisting, and promises frequently and solemnly re, newed by the electors, princes, and states of the empire; in fine, by our own example and the sacrifices which we have made for the public interest, whether, we say, we are not warranted justly to require the undivided co-operation of all and every of the states of the empire in the defence of a cause so just, and for accelerating that peace which is so earnestly desired by the Germanic states?

If a difference of sentiment manifested in your letter of the end of last month was the cause to us of considerable anxiety, it was not long before our tranquillity was restored, by the news that when the dangers of war approached your states, you did not allow yourself to be betrayed by fear, nor by the dictates of a deceitful policy, into any unconstitutional measures; but that, on the contrary, animated by sentiments of honour, and by a courage worthy of a German prince, you opposed the danger with which you

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were threatened with the most ef fectual means of resistance, both by sending against the common enemy a great part of the garrison of Stut. gard and Louisburg, and by giving instant orders to put the militia of Wirtemberg immediately in motion, who made a body of 12,000 men, in general well disciplined. Accept upon this subject the assurances of our Imperial satisfaction and sincere regard. These dispositions, so worthy of you, inspire us with the confidence that no consideration will shake your sentiments, and that weighing conscientiously the duties which, as a state of the empire, you have to discharge to us and to the law, you will persist in your patriotic reso. lution to continue, till the re-esta. blishment of a general peace for the empire, to support the common cause with all your force. By these means you will not only render essential service to Germany, but to the im. mortal honour of your house: you will deserve to have your name enrolled in the annals of Germany among those princes who have most contributed to its lustre..

Resolution presented to the Emperor by the States of Hungary, in Answer to his Majesty's Propositions.

THE propositions addressed on the part of his Apostolic majesty to the states, furnishes them a fresh proof of the confidence which his inajesty always reposed in the un. shaken fidelity of his faithful Hun garian nation, in deigning to re collect and confirm the bravery which their ancestors have always displayed in support of the august house of Austria: his majesty has given a farther testimony of his paternal confidence, in represent.

ing to the grandees and the states in diet assembled, the magnitude of the danger of the present war, in which a destructive enemy thr at. ens the hereditary kingdoms and provinces; the states, therefore, animated with the example of their ancestors, have resolved fully to realize the expectation not only of the hereditary dominions, but of all Europe. The states, wishing to follow the footsteps of their ancestors, will neglect no means in their power to avert all future danger, and to compel the enemy to make a peace suitable to the dignity of his majesty, and to the hotour of the nation.

It is very flattering to the states that his majesty deigned not to question their devotion ard fidelity, when they have not long ago given assurances at the foot of the Throne, where they made oath to sacrifice their blood and their lives for his majesty and the country. The same valour which inspired their ancestors in 1741 still lives in them, and with them alone it can ever perish. For the purpose of accomplishing the desires of his majesty, 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 destroy; the states have resolved to offer to his majesty, as a voluntary contribution for the prosecution of the war, 50,000 recruits, all the necessary grain for the subsistence of a force of 340,000 men during a twelvemonth, which forms a total of 2,400,000 measures of Presburg, and for 80,000 horses 3,760,000 measures of oats; farther, 20,000 oxen, and 10,000 horses; the whole, however, with

out infringement of article 36, of the year 1741.

The states hope that that audacious enemy, who has lately been repulsed 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 persist in their exaggerated and obstinate pretensions, and wish to continue the war, the states are well resolved to take the field themselves to combat that enemy: and in this case they offer from this moment to prepare for rising in a mass for the future the whole kingdom, and all its pro. vinces comprised.

The states conclude by suppli cating his majesty to be pleased to accept this offer, which has for its object the defence of his sacred person, of his august house, and of the citizens of the empire in general, with that paternal bounty which characterizes him; and that he be assured that the heart of the Hungarians is the safest bulwark against every enemy of the house of Austria.

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of an armed neutrality, announcing to him, at the same time that the security of these countries was the motive in which the measures referred to had originated.

Substance of the Reply made to the ab ve Nite by the Court of Vienna. HIS Imperial majesty, as su preme head of the empire, cannot doubt that the states are obliged to concur in a war, rendered necessary from the pressure of circum. stances, and for gally declared with all their for e, for the coinmon defence. This obligation is derived from the principle of individual and general security, which is the most sacred and the most essential basis of every constitution. It is in a particular manner blended with the substance of the Germanic con. stitution, and is recognized by se veral of its laws in the most positive terms.

His Imperial majesty sees with pain, that the appearances of the war by no means answer the expectation which he had been led to entertain; but in considering the fundamental laws of every well organized constitution, and the principles recognized in the most positive terms in the laws of the empire, full of anxi ty for the good of the country, his majesty cannot refrain from manifesting a desire that the corps, assembled at a crisis the most alarming and the most dan gerous, may be employed rather in aiding a most just defence, by opposing the common enemy, than in stopping an invasion still at a dis. tance, and of which we apprehend only the possibility.

Such is the result dictated by the spirit of our constitution, which subjects all the respective states, and all the means of defence, to the general controul of the sovereign power of the Germanic empire. Such is the result of the oath of fealty, which the electors, princes, and states of the empire, in order to strengthen the social bond, take in their capacity of vassals, by which they swear, actively to concur in. every step which can tend to the honour, to the advantage, and to the prosperity of his Imperial majesty and of the empire, and which, by consequence, imposes upon them an obligation to second, with all their might, the measures adopted by the chief and the states of the empire, to avert the danger which threatens them with total destruction.


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These measures of security, considered in themselves, do not ap pear to be contrary to the basis and the spirit of the constitution, provided that the arrangements, for the safety and the particular de fence of the north of Germany, are not founded upon illegal imposi tions, and provided they are not employed to sanction the unconsti tutional pretext of freeing them from the obligations binding upon them by the register of the resolu tions of the empire, decreed for the purpose of the general security of Germany.

If his Imperial majesty on the present occasion were to grant to this measure of security, as it is termed in the circular letter of the Prussian minister, in the letters of convocation, and in the declara. tions of the plenipotentiaries of 'the king, an unlimited approbation, all who should compare it with the tenor of the decree of ratification of the 29th of July, 1795, would accuse him of adopting contradicV..


tory measures, and of making an arbitrary use of his power as head of the empire, since the laws renewed in the present war forbid the states to separate, on any occasion, 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 arbitra. rily renouncing obligations formerly imposed upon them for the common defence.

His Imperial majesty, in virtue of the sacred duties imposed upon him by his high office as supreme head of the empire, on the other hand, being called upon to defend the rights of the Germanic constitution against every step and every principle incompatible with their safety, to preserve to the empire, and to every particular state, its immunities entire, and to guard them against the prejudices which may arise 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, prescribed by the laws and the consti tution.

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

Gentlemen of the Senate, and of the House of Represen


A LETTER from the minister plenipotentiary of the French republic, received on the 22d of last month, covered an address, dated the 21st 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 prevent to the United States the colours of France; I therefore proposed to receive them last Friday, the first day of the new year, a day of general joy and con. gratulation. On that day the minister of the French republic de. livered the colours, with an address, to which I returned an an


By the latter the house will see that I have informed the minister, that the colours will be deposited 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 oc casion, in behalf of "the United States. They are herewith com municated.

GEORGE WASHINGTON. United States, Jan. 4, 1796.

Ansiver 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

WITH the utmost attention I have considered your resolution of the 24th instant, requesting me to lay before your house a copy of the instructions to the minister of the United States, who negotiated the treaty with the King of Great Britain, together with the corre spondence and other documents re

lative to that treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed.

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

I trust that no part of my con. duct has ever indicated a disposition to withhold any information which the constitution has enjoined upon the president as a duty to give, or which could be required of him by either house of congress 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, so far as the trust delegated to me by the people of the United States, and my sense of the obligation it imposes, to preserve, protect, and defend the constitution,' will per mit.

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The nature of foreign negotia. tions requires caution; and their successes must often depend on se. crecy, and even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contem. plated, would be extremely impo. litic; for this might have a per. nicious influence on future nego. tiations, or produce immediate inconveniences; perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent

reason for vesting the power of making treaties in the president, with the advice and consent 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 nego. tiation 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 station 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 senate, when the treaty itself was communicated for their consideration 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 constitution 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 one opinion on this subject; and from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclu sively vested in the president, by Ų 2


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