Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10

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are only invoked, after 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 independent OF the other
while both are responsible to the States and to the
People, the common sources OF their respective
powers II results, from this organization, that, IN
the progress OF the Government, instances may
sometimes occur, of differ ence ofopinon between
the Senate and Executive, as to the exrediency oil
a projected treaty, of which the rejection oil the
| Colombian Convention affords an example. The
people OF the United States have justly considered
that if there be any Inconvenience IN tins arrange
ment OF their Executive powers, those inconveni-
enccs more than counterbaanced, by thegreatcr
security of their interests which is effected by the
mutual checks which arethus inerposed. But it is
| not believed tina, there any Inconvenience to
foreign powers, of which they cam with propriety,
complain. To give validity to any treaty, the
sent OF the contracting parties Is necessary. As to
the mode by which that consent shall be expressed
1t must necessarily depend with each upon its own
peculiar constitutional arrangement. ALI that
rightly be demanded in treating, is to know the
contingencies, on the happening of which, that
consent Is 10 be- regarded sufficiently testified
This information the Government OF the United
States has always communicated to the Foreign
Powers with which II treats, and to more full
ly than 20 the United Kingdom of Great BRIAN and
Ireland. Nor can II be admitted, that any just cause
OF complaint arise out of the rejection by one
party, OF treaty which the her has previously
raiiiled. When such case occurs, il only prov es
! that The Consent oil BOTH according to the coDstI-
tutional precautions which have been provided for
| manfes,ing that consent, is wanting 10 make the
! treaty valid. One must necessarily precetle the
other in the OF notifications and if after treaty
Is ratified by one party, ratification off be with
htid by The other, II merely shows that is and
the other Is not, willing TO come under the obliya-
lions of the proposed treaty.
avn instructed by the President 10 accompany
these frank and friendly explanations by the exprei
zion OF his sincere regret that, from the views
which are entertained by the Senate of the United
States, 1t would seem 10 be unnecessary and mex
pedient any longer TO continue the negotiation
pecln5 the Slave Convention, with any hope hat
1t can be made 10 assume form satisfactory To both
parties. The Government of his Britannia Majesty
insists rs an indispensable condition. that the regu-
lar right OF search, proposed in the Convention,
-hould be extended 10 the American coasts as w eli
| as TO those of Aiiica and the West Indies. The
Senate, even with the omission of America thinks
IL unadVlsabie 10 ratiy the Colombian Conv ention
And IT l., therefore, clearly TO be inferred that
| Convention with his Britannia Majesty, with a
similar omission, would not receive the appreciation
| OF the Senate. The decision OF the Senate shews
that 1t has made up its deliberate Judgment with
out any regard the relative state OF the Military
or Commercial Marine, for all the consideration
belonging to a view OF tina, subject would have
urged the Senate to an acceptance of the Colombian
Convention. II il hoped, therefore, that his Bri-
| tsnnic Majesty cannot fail 10 perceive that the
Senate has been guided by no unriendly feeling to-
| wards Great Britain.
| Before closing this note, | must express nv
regret that am 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, piratical the slave trade when excr-
cised by British subjects II is acknowledged that
the Government of the United States considered
such denunciation inexpedient, preliminary TO
the conclusion of the projected Conv ention. But
| the British Parliament, doubtless, upon it's own
sense OF the enormity of the offence, deemed i, pro-
per TO aix TO 1T the character and the penalties OF
piracy. However much it may be supposed TO hav e
| been actuaied by accommodating spirit towards
! the United States it can hardly be mag ned that it
would have given that denomination TO the fact of
trading IN slaves from motives of concession
ly, contraryto Its own estimate of the moral cnrac-
ter of that act. The Executive ofthe United States
believ ed that it might conduce to the success OF the
negotiation, if the British Parliament would pre-
viously declare, as the United States had done.
the slave trade to be piratical Bat it did not fol-
ov from the passage of that act, that any treaty,
In which the negotiation might terminate was 10 he
taken out OF the ordinary rule by which all treaties
are finally submitted to the scrutiny and sanction
of the respective Governments. No peculiar adj
vantage has accrued to the United States fl ON the
enactment Of that British law. Its continued ex-
isience, moreover, now depends upon the pleasure
OF the British Parliament
But there is disposition to dwell longer on this
subject. The true character of the whole nesotia-
! ton cannot be mscdnceved. Great Britain and
| the United States have had in view a common end
OF great humanity, entitled their highest and bes,
exerlions With respect to the desire Of attaining
that end, there is difference of opinion between
the government OF his Britannia Majesty and that OF
the United States, in any Gifts branches. But the
Senate has thought, that the proposed Convention
was an instrument not adapted to the accomplish
ment OF that end, or that it was Otherwise obiec-
Donble. And, without the concurrence of the
! Senate, the Convention cannot receive the consi-
| iuilona sanctions OF the United States Without
indulging, therefore, unavailing regrets it is the
anxious hope of the President, that the Government
OF his Britannia Majesty should see in all tina, ha,
occurred, nothing towards it unriendly on the part
OF that of the United States, and nothing that
ought TO slacken their separate united exertion
in the employment Of all other practical modes 20
eHectuate the great object, dear TO both, of an
entire cxtrpation of traffic which is condemned
by reason, religion, add humanity.
| pray you, sir, to accept the assurance of nv
distinguished consideration
HENRY CLAY.
HENRY u. ADDINGToN, Esq.
Charge daGaires from Great Britain.
Mr. .fddirgton to Mr.. CI0v.
! WAsHuNGroN, 9th April, 1926.
SIR have the honor 10 acknowledge the re-
cept OF your letter of the 9th inst. in which YOU
announce to me the deinitive decision of the Pres
ident with regard 10 the Convention for the more
etfectual suppression of the Slave Trade, which I
had the honor to submit for the acceptance of this
Government, on the 9Th Of November last