heart, in any of the states. And the suggestion that a school for the mental culture of the deaf and dumb in Connecticut, or Kentucky, is a national object, only shows how loosely this expression has been used when the purpose was to procure appropriations by Congress. It is not perceived how a school of this character is otherwise national than is any establishment of religious or moral instruction. All the pursuits of industry, everything which promotes the material or intellectual wellbeing of the race, every ear of corn or boll of cotton which grows, is national in the same sense; for each one of these things goes to swell the aggregate of national prosperity and happiness of the United States; but it confounds all meaning of language to say that these things are "national," as equivalent to federal," so as to come within any of the classes of appropriation for which Congress is authorized by the constitution to legislate.

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It is a marked point in the history of the constitution, that when it was proposed to empower Congress to establish a university, the proposition was confined to the district intended for the future seat of government of the United States, and that even that proposed clause was omitted in consideration of the exclusive powers conferred on Congress to legislate for that district. Could a more decisive indication of the true construction and the spirit of the constitution in regard to all matters of this nature have been given? It proves that such objects were considered by the convention as appertaining to local legislation only, that they were not comprehended, either expressly or by implication, in the grant of general power to Congress, and that, consequently, they remained with the

several states.

The general result at which I have arrived is the necessary conse quence of those views of the relative rights, powers, and duties of the states and of the federal government which I have long entertained, and often expressed, and in reference to which my convictions do but increase in force with time and experience.

I have thus discharged the unwelcome duty of respectfully stating my objections to this bill, with which I cheerfully submit the whole subject to the wisdom of Congress.

APPENDIX.

SPECIAL MESSAGES OF WASHINGTON.

SPECIAL MESSAGE.

AUGUST 7, 1789.

To the Senate and House of Representatives of the United States: THE business, which has been under the consideration of Congress, has been of so much importance, that I was unwilling to draw their attention from it to any other subject; but the disputes which exist between some of the United States and several powerful tribes of Indians within the limits of the Union, and the hostilities which have in several instances been committed on the frontiers, seem to require the immediate interposition of the general government.

I have therefore directed the several statements and papers, which have been submitted to me on this subject by General Knox, to be laid before you for your information. While the measures of government ought to be calculated to protect the citizens from all injury and violence, a due regard should be extended to those Indian tribes, whose happiness, in the course of events, so materially depends on the national justice and humanity of the United States.

If it should be the judgment of Congress that it would be most expedi ent to terminate all differences in the southern district, and to lay the foundation for future confidence, by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three persons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preservation of peace and tranquillity on the frontier, is also a matter which merits your serious consideration.

Along with this object, I am induced to suggest another, with the national importance and necessity of which I am deeply impressed: I mean some uniform and effective system for the militia of the United States. It is unnecessary to offer arguments in recommendation of a measure on which the honor, safety, and well-being of our country so evidently and so essentially depend. But it may not be amiss to observe, that I am particularly anxious it should receive as early attention as circumstances will admit; because it is now in our power to avail ourselves of the mili

tary knowledge disseminated throughout the several states by means of the many well-instructed officers and soldiers of the late army, a resource which is daily diminishing by deaths and other causes. To suffer this peculiar advantage to pass away unimproved, would be to neglect an opportunity which will never again occur, unless unfortunately we should again be involved in a long and arduous war.

SPECIAL MESSAGE.

SEPTEMBER 17, 1789..

To the Senate of the United States :—

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Ir 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 me 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 of May last, suggested two questions to my mind, namely-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 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 it 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 proc lamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it is certainly 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.

SPECIAL MESSAGE.

FEBRUARY 9, 1790.

To the Senate of the United States :

You will perceive, from the papers herewith delivered, and which are enumerated in the annexed list, that a difference subsists between Great Britain and the United States relative to the boundary line between our eastern and their territories. A plan for deciding this difference was laid before the late Congress; and whether that or some other plan of a like kind would not now be eligible, is submitted to your consideration.

In my opinion it is desirable that all questions between this and other nations be speedily and amicably settled; and, in this instance, I think it advisable to postpone any negotiations on the subject until I shall be informed of the result of your deliberations, and receive your advice as to the propositions most proper to be offered on the part of the United States.

As I am taking measures for learning the intentions of Great Britain respecting the further detention of our posts, &c., I am the more solicitous that the business now submitted to you may be prepared for negotiation as soon as the other important affairs which engage your attention will permit.

SPECIAL MESSAGE.

AUGUST 4, 1790.

To the Senate of the United States :—

IN consequence of the general principles agreed to by the senate in August, 1789, the adjustment of the terms of a treaty is far advanced between the United States and the chiefs of the Creek Indians, now in this city, in behalf of themselves and the whole Creek nation.

In preparing this treaty, the present arrangements of trade with the Creeks have caused much embarrassment. It seems to be well ascertained that the said trade is almost exclusively in the hands of a company of British merchants, who, by agreement, make their importations of goods. from England into the Spanish ports.

As the trade of the Indians is a main means of their political management, it is therefore obvious that the United States can not possess any security for the performance of treaties with the Creeks, while their trade is liable to be interrupted, or withheld, at the caprice of two foreign powers.

Hence it becomes an object of real importance to form new channels for the commerce of the Creeks through the United States. But this operation will require time, as the present arrangements can not be suddenly broken without the greatest violation of faith and morals.

It therefore appears to be important to form a secret article of a treaty, similar to the one which accompanies this message.

If the senate should require any further explanation, the secretary of war will attend them for that purpose.

SECRET ARTICLE.

The commerce necessary for the Creek nation shall be carried on through the ports, and by the citizens, of the United States, if substantial and effectual arrangements shall be made for that purpose by the United States on or before the first day of August, one thousand seven hundred and ninety-two. In the meantime, the said commerce may be carried on through its present channels, and according to its present arrangements.

And, whereas, the trade of the said Creek nation is now carried on wholly or principally through the territories of Spain, and obstructions thereto may happen by war or prohibitions of the Spanish government: it is therefore agreed between the said parties, that, in the event of any such obstructions happening, it shall be lawful for such persons as

shall designate, to introduce into, and transport through the territories of the United States, to the country of the said Creek nation, any quantity of goods, wares, and merchandise, not exceeding in value in any one year sixty thousand dollars, and that free from any duties or impositions whatsoever, but subject to such regulations for guarding against abuse as the United States shall judge necessary; which privilege shall continue as long as such obstructions shall continue.

SPECIAL MESSAGE.

AUGUST 7, 1790.

To the Senate of the United States :

I LAY before you a treaty between the United States and the chiefs of the Creek nation, now in this city, in behalf of themselves and the whole Creek nation, subject to the ratification of the president of the United States, with the advice and consent of the senate.

While I flatter myself that this treaty will be productive of present peace and prosperity to our southern frontier, it is expected that it will also in its consequences be the means of firmly attaching the Creeks and the neighboring tribes to the interests of the United States.

At the same time, it is to be hoped that it will afford solid grounds of satisfaction to the state of Georgia, as it contains a regular, full, and definitive relinquishment, on the part of the Creek nation, of the Oconee land, in the utmost extent in which it has been claimed by that state, and thus extinguishes the principal cause of those hostilities from which it has more than once experienced such severe calamities. But although the