Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-21

hfr1x
1t may be replied, thar, in all cases of n ,,a,
mus negotiated, the other contracting Marty i.;n
"huer no oolsation tn ratfy the compact before II
s"a'i pe asre.tained whether, aud in what mannar
" "s oeeh disposed of in the United States, its ra
ihcaeoh can M no case be rendered unavailing bv
the proceedings of the Government of tho I-n;,o,
S'u'es upon the treaty. And that every Goveru-
inent contracting with the United States, and viii,
i"ii knowledge that all their treaties until sn,c.
toned by the Constitutional uaioritv of tbe;r c.
| nate, are, aud must be- considered n mer.Iv ;r.
ate, ana not consumnated compacts is entirely fo.
10 wthhoid ITS own ratification until it snail have
hn""ienSe OF the ratification ON their part. In the
.u'i powers OF European governments to their min
i>ters the sovereign usually promises TO ratif tba,
winch his minister Shall conclude in his name. and
YET, u the minister transcemds his instructions
though not known to the other party, the SOVEREIGN
- ""' neiu ouuha to ratify his engagements. OF
inns principle Great Britain has once Nailed be,
SELL IN her negotiations with the United States
But the full powers OF ministers abroad are me-
cessary modified by the provisions of our coustitu-
tuition, and promise the ratification of .ign
co oy thr'n only IN the event of teis
constitutional sanction Of our government d
IL this arrangement does in Some ;os,,,,as -.
rate as slight inconve nience to other governments
oy iiterposug AN obstacle to the acii;f Of
u'''' u Is, on the other hand, essential to e,ar6
against evils of the deepest import tn our o,.n ~
uoh' utterly Incompatible with the genius of our In
sutuiinns, and 1t is supported BY cons;dera,;on. q,
wnich the equitable sense of other nations cannot
fail to subscribe o'
me treaties OF the United States, are, together
WIN their constitution, the supreme law of,h Iand
HE power of contra citing them is Il, ,ha c.,
stance gwen to the President, single indiyiduaI
II negotiated abroad, il must be by n,;n;s,.r 'rs
ministers under his appointments; and if in E,,rone
with powers largely discretionary-the distance,
seldom permitting opportunities the minister of
consulting ms Governments for Instructions duriun
the progress OF the negotiation. Were there no
o'her chech or cont'o over this power, and were
there an obligation, even of delicacy, requiring the
unqualified sanction of every treaty so negotia,ed
the result would be an authority possesscd bv .,.
ry minister of the United States entrusted with
iui power Tor negotiating t;eatv to change the
laws of this Union, upon objects of the first magu-
tube To the interests of the nation.
In their negotiations with each other the F,,ro
pean nations are generally SD near and the com
niunicatons between them are easy and regular
that ncsociator can seldom have ustifabe (.
occasion to agree TO any important stipulation
without having an opportunity of asking and re-
ce'viig the instructions of his governments prac-.
tee always and peculiarly resotted Ia bv the Ri.
fish Plenipote,aiias. With an Intervening ocean
TINS IS seldom possible, aud it is therefore, Just aud
proper that the right of Judgment upon ali the s,-
puiationS agreed 10 by minister, should be resery-
ed, III the most unqualified manner. 10 boih rovern
mcnts, parties 10 the treaty; and that every COM
pact, 81 negotiated, should be understood To be
signed by the minister r6n,Ofe from his own country
only snb Spe rGfi; not conclusive upon his nation
4
appreciation upon it,
These general observations are subnitiec in ,,r-
der that you may make sucii use of them a. Won
shall deem expedite mt 10 satisfy the<Brtish Govern
nenf that in this established principle OF our
sttnt'on, there is nothing to which any !a.e:cm ga
vernmeni can justly take exception; and that il
only reserves TO our government power of supsr-
V'Sioh necessary tor our own safety, which the Eu-
ropcan governments effectively eserve TO Them.
Selves and none more cautiously than Great Brf.
tain.
am, with great respect, sir, your very humble
and obetent servant,
JOHN QUINCY ADAMS.
r. RUSH, Esq. Envoy, &c. London
No. VIII.-Jfr .4adingfon 10 Mr.. Adams
WASHINGTON, 9th Nov 1894
cir: Y gu have already been aPprised Of the cir.
cun'stance of his Majesty, my sovcreinn having
declined aihxing his ratification to the convention
concluded in London the 18th of Mach last,
between the British aud American Plenipc,en,i-
ares, for the more eoctual suppression Of the slaya
trace amended. and qualified that instrulne,i.
mad been by the Senate of the United States
In lieu of that conventions however His Ma;ee
ty proposes to the American Government TO sub
stitue another, ter6utn, the same a. tho amended
instruments one point alone excepted: that excep-
tion is, the erasirre of the word "America" in the
hrs article, word which stood IN the original proiet
of the article proposed by the President 10 the
British Government, but which the Unitsd States
thought fit after the mutual acguicsccncc of both
parties in it, TO expunge.
In announcing to you the fact Of my having been
furnished with full powers TO conclude and sgr
with the American Government "a new treaty, such e
AS have above described, it will be unnecessary
for c to enter at length into the motives which have
actuatcd His Majes, in coming to this decision as
you have already been made acquainted with those
motives through the medium of IN Official ctteyad
dressed on the 2Ttb August last, by his MaIesty's
Secretary OF State, to the American Envoy i'm Iou-
don, III which all the grounds of that Determines
ton fully cxpounded.
few observations, my part, however III
brief alusion to one or two points connect with
tins SUBJECT may here be not misplaced
IN the acquiescencc of his Majesty in all the al
terations, with on" only exception, effected by the
senate III a treaty originally projected by this 20
vcfument, at the spontaneous Recommendation of
the House of Representatives, the President will
doubt not, the clearest manifestation of the ear
nest desire of his Majesty's Government to carry
Into effect the important and saIutary object for
which that treaty was designed, however they may
have deemed tie original form in which tho treaty.
was presented for the ratification Of This govern
mont, the best calculated to attain that object
10 the amendment which would exempt the
shores of America from that vigilance which is to he
employed those of the British " est Indies there
by destroying that equality which is the prevailing
principle Of the provisions of the treaty. and which
cannot be withdrawn the one side, or on the
other, consistently with the mutual respect and con-
hdeuce which subsis between flIe two contracting
parties, his Majesty has found himself una Die 10
accede; and, donbt not, tina upon fair and ur-
biassed reconsideration Of that point the American
government will see and acknowledge the Justice of
his Majesys views, and will not hesitate to prove
that acknowledgement, by conserving to re-admit the
expmnged word "Americn," into the treaty.