Star.
London, England, 1826-02-02 00:00:00

THURSDAY, FEBRUARY 2, 1826.

DIPLOMATIC CORRESPONDENCE,'
BETWEEN THE BRITISH AND UNITED STATES

GOVERNMENTS.
-...i.--

FROM TUE WASIIINGT N OArITTR Or JANUARY S.

MR. ADDINGTuN TO MR. ADAMS.

Washington, March 2, 1515.
Set—On the 6th of November last, I had the honour
to inform you, that I had received full powers from his
Majesty to conclude and sign with this Government, a
Convention, verbatim the same as that entered into on
the I3th of March, last year, between Great Britain
and the United States, with all the amendments sub-
sequently effected in it by the Senate, the erasure of the
words 4, and America" in the first A -ticle, excepted.
In reply to that communication, you did me the
honour tong:laint me, that the President had decided
upon referring the whole sat.' ject to Congress, whereby
it became necessary for you to postpone giving a deti.
skive answer to my.prop
This Ittleitillbe of this - it the com-
Ilneettement of the Session, carried ihto effect ; and I
understand that the subject has been under the consider•
ation of Congress. You will, therefore, I trust, Sir, allow
me now to request to be made acquainted with the
definitive intentidn of the President, with respect to
the prop"sition submitted by me on behalf of his Ma-
jesty's Government.

- -
I have the honour to be, with distinguished eonsider.ition, Sir,
your obedient bumble servant,
Hon. John Quincy Adams. H. U. ADDINGTON.
Ma. CLAY TO Ma. ADDINGTON.
Department of State, Washington. April a, toss.
Strt—l have the honour to inform you that the delay
in the transmission of a drfinitive answer to your note
of the 6th November last, has proceeded from an anxious
desire on the pert of the late President of the United
States to ascertain the practicability of reconciling, it
Ipossible, the views of the Government of 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 Convention in which it terminated, together
with what has since passed between the two Govern-
menu, both here and at London, were submitted to
Congress during its late Session. Of that revenge you
were apprized, by the note of my predecessor, of the
4th December last. It has se happened that neither the
Senate 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 Dec. 1824,
which was formed after the model of that whit!' is
Ipending between the Goveinnsents of the United States
and Great {Muir), the Semite has expressed a very de-
cided opinion. In the Colombian Corivention, the
coasts of America were excepted (comics operation,
and yet. ricitwitlivtooding this coosiliating ligature, Also
Senate, atter lull deliberation, in the exercise of its
proper constitutional powers, has, by a large majority,
deemed it inexpedient to consent to, and advise, the
ratification of this Convention.

Government of his Britannic Majeaty is well'
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. According to the prac-
tice of this Government, the Senate is not ordinarily
consulted in the initiatory state of negotiation, but its
consent and advice are only inAked, after a Treaty is
concluded, under the direction of the President, and
submitted to its consideration. Each of the two
branches of the Treaty-making Authority is indepen-
dent 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 organisation, that, in the progress
of the Government, instances may some.imes occur of
a difference of opinion between the Senate and the Exe-
cutive, as to the expediency of a projected Treaty, of
which the rejection of the Colombian Convention affords
an example. The people of the United States have
justly considered that, if there be any inconveniencesin
this arrangement of their Executive Powell, those in-
conveniences are more than counterbalanced by the
greater security of their interests, which is effected by
the mutual checks which ate thus interposed. But it is
not believed that there are any inconveniences to fo-
reign Powers, of which they can, with propriety, com-
plain. To give validity to any. Treaty, the consent of
the contracting parties is necessary. As to the mode
by which that consent shall be expressed, it must ne-
cessarily depend with each upon its own peculiar con-
stitutional arrangement. All that can rightly be
demanded in treating, is to know the contingencies on
the happening of which that consent is to be regarded
as sufficiently testified. This information the Govern-
ment of the United States has always communicated to
the for eign Powers with which it treats, and to none more
fully than to the United Kingdom of Cirreat Britain and
Ireland. Nor can it be admitted that any just cause of
complaint can guise out of the rejection by one party,
of a treaty, which the other has previously ratified.
When such a case occurs, it only proves that the con.
sent of both, according to the constitutional precautions
which have been provided for manifesting that consent,
is wanting to make the Treaty valid. One must neces-
sarily precede the other in the act of ratification ; and
if, after a treaty is ratified by one party, a ratification
of it be withheld by the other, it merely shews that one
is, and the other is not, willing 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 regret, that from the views which are enter-
tained by the Senate of the United States,' it would
seem to be unnecessary and inexpedient any longer to
continue the negociation respecting the Stave Conven-
tion, with any hope that it can be made to assumes form
satisfactory to both parties. The Government of his
Britannic Majesty insists, as an indispensable condition,
that the regulated right of search, proposed in theCon-
vehtion, should be extended to the American Oats, as
well as to those of Africa and the West Indiek.. The
Senate, even with the omission of America, thinks it
inadvisable to ratify the Colombian Convention. And

it is, therefore, clearly to be inferred, that a Convention
with his Britannic Majesty, with a similar omission,
would not receive the approbation of' the SSnate. The
decision of the Senate 'chews that it has made up its,
deliberate judgment, without any regard to the re.'
lative state of the Military or Commercial Marine,
for all the considerations belonging to a view of that
subject would have urged the Senate to an acceptance
ofthe Colomhian Convention. It is hoped, thertTare.
that his Britannic Majesty cannot fail to perceive that
the Senate has been guided by no unfriendly feeling to-
wards Great Britain.
Before closing this note, I must express my regret
that I am unable to concur with you in the view which
you have been pleased to pre-ent, of the Act of th,
British Parliament, by which it has denounce,: as
piratical, the Slave Trade, when exercised by British
subjectc. It is acknowledged, th rt the Government of
the United States considered such a denunciation as ex-
pedient, preli.ninary to the conclusion of the projected;
Centre/Hip& But 'the British Parliament, donbtlessai
upon• its own sense uf, the enortylity of the offence,'
deemed it proper to atlix to it the character and the
penalties of piracy. However much it may be sup-
posed to have been actua:ed by an accommodating
spirit towards the United States, it can hardly b. ima-
gined that it would have.given that denomination to the
fact of trading in slaves, (rum motives of concession
merely, contrary to its own estimate of the moral cha-
racter of that act. The Executive of the United States
believed, that it might conduce to the success of the
negotiation, if the British Parliament would previously
declare,.as the United States had done, the Slave Trade
to be piratical. But it did not follow, from the passage
of that Act, that any Treaty, in which the negotiation
might terminate, was to be taken out of the ordinary
rule by which all treaties are finally submitted to the
scrutiny and Sanction of :he respective Governments.
No peculiar advantage has accrued to the United States
from the enactment of that British law. Its continued
existence, moreover, now depends upon the pleasure of
the British Parliament.

But there is no disposition to dwell longer on this
subject. The true character of the whole negociation
cannot be Misconceived. Great Britain and the United
States have had in view a common end of great huma-
nity, entitled to their highest and best exertions. With
respect to the desire of attaining that end, there is no
difference of opinion between the Government of his
Britannic M-ijesty and that of the United States, in any
of its branches ; but the Senate has thought that the
proposed Convention was an instrument not adapted to
the accomplishment of that end, or that it was other-
wise objectionable; and, without the concurrence of the
Senate,ttie Convention cannot receive the constitutional
sacctions of the United. States. Without indulging,
iheretore, unavailing tegrets, it is the anxious hope of
the President that the Government of his Britannic
Majesty should see, in all that has *occurred, nothing
towa.ds it Unfriendly on the part of that of the United
States, and nothing that ought to slacken their separate
or wilted exertions, in the eMployment of all other prac-
tical modes to effectuate the great object, iv) dear to
both, of-an entire extirpation of a traffic which is con-
demned. by reason, religion, and humanity. •
I pray you, Sir, to accept the assurance of my distinguished
consideration: 11. CLAY.
henry U. Addington, Esq.
Maria d'Atiaireirfrom Great Britain.