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the conduct aforesaid towards those

The Origins and

powers respectively; and to exhort

Development of Presidential

and warn the citizens of the United

States, carefully to avoid all acts and

Directives

proceedings whatsoever, which may

in any manner tend to contravene

President George Washington

such disposition.

The practice of issuing presidential direc-

And I do hereby also make

tives dates back to the start of the nation's first

known, that whosoever of the citi-

administration. On June 8, 1789, President

zens of the United States shall render

Washington's first directive ordered the acting

himself liable to punishment or for-

officers of the holdover Confederation govern-

feiture under the law of nations, by

ment to prepare a report "to impress [him]

committing, aiding, or abetting hos-

with a full, precise, and distinct general idea of

tilities against any of the said powers,

the affairs of the United States" handled by the

or by carrying to any of them those

respective officers.6 3

articles, which are deemed contra-

Washington called some directives

band by the modern usage of

Instead of citing

"proclamations." His first directive so named

nations, will not receive the protec-

either the

was issued in response to a request by a joint

tion of the United States against

committee of the House and Senate that he

such punishment or forfeiture; and

Constitution or a

"recommend to the people of the United

further, that I have given instruc-

statute, the direc-

States a day of public thanksgiving."6 4 By

tions to those officers, to whom it

tive appears to

proclamation dated October 3, 1789,

belongs, to cause prosecutions to be

Washington identified Thursday, November

instituted against all persons, who

cite the "law of

26, 1789, as such a day of thanksgiving.6 5

shall, within the cognizance of the

nations" as its

Courts of the United States, violate

Another proclamation, discussed above, was

the law of nations, with respect to

issued pursuant to statute during the

authority.

the powers at War, or any of them.

Whiskey Rebellion.

Not all of Washington's directives were

Instead of citing either the Constitution or a

issued pursuant to statute, however, or to

statute, the directive appears to cite the "law

clearly delegated constitutional authority.

of nations" (for example, international mar-

Consider, for example, his proclamation of

itime law) as its authority and to define the

April 22, 1793, declaring the neutrality of the

status of American citizens who violate the

United States in the warfare between Austria,

precepts of such law. Washington had sought

Prussia, Sardinia, Great Britain, and the

to use the directive to control the actions of

Netherlands, on one side, and France on the

private citizens within the United States,

other. That proclamation cited neither con-

albeit in the form of giving public notice that

stitutional nor statutory authority:

he had "given instructions to those officers,

to whom it belongs, to cause prosecutions to

Whereas it appears, that . . . the

be instituted"--similar to directing prosecu-

duty and interest of the United

tors to prosecute common-law crimes. The

States require, that they should with

proclamation was viewed at the time as an

sincerity and good faith adopt and

abuse of executive authority.6 6

pursue a conduct friendly and

impartial towards the belligerent

Nevertheless, at the request of Washing-

powers:

ton, Congress later enacted those limitations

on private behavior.6 7That action established

I have therefore thought fit by

these presents to declare the disposi-

the dangerous precedent of congressional

tion of the United States to observe

ratification of unauthorized presidential

11