The Sun.
London, England, 1826-02-02 00:00:00

MU. CLAY TO Mn. ADDINGTON.

Department OfState, Washington, April 6, 162.5.
Set--I have the honour to infirm you that the delay in the
transmission of a definitive answer to your note of the tith of
November last, has proceeded from an anxious desire on the
part of the late President of the United States to ascertain the
practicability of reconciling, if possible, the views of the Go-
vernment or the United States with those which are entertained
by that of his Britannic Majesty, in respect to the convention
for more effectually suppressing the slave trade, With that
object; the correspondence with your Government, and the con-
Vention' in which it terminated, together with what has since
passed between the two Governments, both here and at London
were submitted to Congress during its late session. Of that re.
ference yan were apprized, by the note of my predecessor, of the
4th of December last. It has so happened that neither the See
nate nor the House of Representatives has expressed, directly,
any opinion on the subject. But, on another convention having
the Same object, concluded with the Republic of Colombia, on
the 10th day of December, 1024, which was formed Idler the
model of that which is pending between the Governments of
the United States and Great Britain, the Senate has expressed
a very decided opinion. In the Colombian Convention, tire
coasts of America were excepted from its operation, and yet,
notwithstanding this conciliating feature, the Senate, after full
deliberation, in the exercise of its proper constitutional powers,
has, by a large majority, deemed it inexpedient to consent to,
andadvise, the ratification of this convention.
The Government of his Britannic Majesty is will acquainted
with the provision of the Constitution of the United States,
by which the Senate is a component part of the treaty-making
Power; and that the consent and advice of that branch of
CongresS are indispensable in the formation of all treaties.l—.
According to the practice of this Government, the Senate is
not ordinarily consulted in the initiatory state of negociation,
but its consent and advice are only invoket4 after a treaty is
concluded under the direction of the President, and submitted
to its consideration. Eaclief the two branches of the treaty-
making authority is independent of the other, whilst both are
responsible to the States and to the People, the common sources
of their respective powers.
It results from this organization, that in the progress of the
Government, instances may sometimes occur of adifference of
opinion between the Senate and the Executive, as to the expe-
diency of a projected treaty, of which the rejection of the Co.
loath tan Convention affintle an example. The people oftlieUnited
States have justly considered, that it' there be any inconveniences
in this arrangement of their Executive ,Powers, those inconve-
niences are more than counterbalanced by the greater security
of their interests, which is effected by the mutual checks which
hare thus interposed. But it Is not believed that there are arty in.
conveniences to Foreign Powers, of which they can, with pro-
priety, complain. To give validity to any treaty, the consent
of the contracting parties is neeessary. As to the mode by
thete.o.o.a. "hall btri wipreased. it ninst necesarily
ent, titt mat can righuy ne nemanueu in treating is, to
know the contingencies, on the happening of which that con-
sent is to be regarded us sufficiently testified. This lamina-
don, the Government of the United States has always coin.
municated to the Foreign Powers with which itAreata, and to
none more fully, titan to the United Kingdom of Great Britain
and Ireland. Nor can it'.be admitted that any just cause of
complaint can arise out. of the rejection by one party of a
treaty, which the other has previously ratified. IViten such
case occurs, it only proves that tlie consent of both, according
to the constitutional precautions which have been provided for
manifesting that consent, in wanting to make the treaty valid.
One must necessarily precede the other in the act of ratifica-
tion ; and if, after a treaty is ratified by one party, a ratifiea-
don of it be withheld by the other, it merely shews that one
is, and the other is not, a Ming to come under the obligations
of the proposed treaty.
I am instructed by the President to accompany these frank
and friendly explanations by the expression of his.sincere re
gret that, from the views whiclts
to b
re.enteertauinnneteleebsysatrlyteaSnedmititie.
of the United States, it would keens
expedient any longer to continue the negotiation respecting
the slave convention, with any hope that it can be made to as.
sume a form satisfactory to both
apsarattiles
indispensableTire(;°v cond ernnl
eni!
o
ts that Britannictire
regulated
lllii iestyrigihit o insists,
proposed in the con-
vention, should be extended to the American coasts, as well
'
as
wi ttloi teet) oosteidossf Africa
'Aantudertiinc,a,e►AVtgit .Indies,nlotitu lnatiVtilesatibelenattoe'reetvry
the Colombian Convention. And it is, therefore, clearly to b
e
inferred, that a Convention with his Britannic ajeeiy. with
similar omission, would not receive the approbation of the Se.
Hate.
en'tlt'eliej
(el ofw tileitruietatoSlsneutnibia3arntecreyittsille,weittgiowaufros:dritlitialoaaltivtieitrtieurlerri ageelseoadintii:
hdeleeesrsutup
ie,tailo
ft:
Senate
s 4
the mbelongilitary
Yo °pry iceowni ornfetrl
to an acceptance, of the Colombian Convention. It is hoped,
therefore, that his Britannic Majesty cannot fail to perceive that
the Senate has been guided by no unfriendly feeling towards
Great Britain.

Before closing this note, I must express my regret that I sun
unable to concur with you in the view which you have
been pleased to present of the act of the British Parliament, by
which it has denounced as piratical the slave trade, when
exercised by British -subjects. It is acknowledged that the
Government of the United States considered such denunciation
as expedient, preliminary to the conclusion of th© pro:
*led convention. But the llritish Parli;,ment, doubtless,
upon its own sense of the enormity of the offence, deemed it
proper to Aix to it the characters and the penalties of piracy.
ilowever much it may be supposed to have been actuated by
an accommodating spirit towards the United States, it can
hardly be imagined that it would have given that denomination
to the tact of trading in slaves from motives of concession
merely, contrary to its Glyn estimate of the moral character of
that act. The Executive of the United States believed that
it might conduce to the -success of the undataking, if the Bri.
tish Parliament would previously declare, as the United States
had done, the slave.tradc to be piratical: But It did not fol. '
low, from the passage of that act, that any treaty in which the
negotiation might terminate, was to be taken out of the anti_
nary rule by which all treaties are finally submitted to the
scrutiny and sanction of the respective Governments. - No
peculiar advantage , has accrued to the United States from
the enactment of that British law. continued existence,
moreover, now depends upon the pleasure of the British Par. '
liament.

lint there is no disposition' to dwell longer on this subject.
The true character of the whole negociatio» cannot be miscon.
ceieed. Great Britain and the United States !owe had in
view a common end of With
humanity, entitled to their high.
est anti best exertion'. With respect to the desire of attaining
that end, there is no difference of opinion between the Govern.
ment of his Britannic Majesty and that of the United States,
in any of its branches. Rut the Senate has thought that the
proposed convention was an instrument not adopted to the ac-
complishment of that end, or that it was otherwise objection-
vention Cannot
able. And, without the concurrence of the Senate, the COD.
receive the constitutional sanction of the United
States. Without indulging, therefore, unavailling regrets, it
is the anxious hone of trio president, that the Government of
his Britannic mrajeatv would gee, fn all that has occurred,
nothing towards it unfriendly on the part of that of the United
States, and nothing that ought to alackell their separate or
united exertions l'i the employment of all other practical
modes to effectuate the great object, 10 deter to Nat, of an