Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1826-01-12
ponent part of the treatv.raking power;

ding to the practice Of this Governmen
the Senate is not ordinarily consulted
in the lnitiatory state Of a negotiate :.
but its consent and advice only invoked,
after a treaty is concluded, under the
direction of the President, and submit
ted to its consideration. Each OF the
two branches Of the treaty making au-
thorliy is independent of tie other,
whilst both are responsible iothe States
aud to the People, the common sources
of their respective powers. II results,
froa. the organization, that, in the pro
gress of the government, instances may
sometimes occur. OF differ ence Of o.
pinion between the Senate aud the Exc
cutve, as to the expedieacy of pro-
jected 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 Inconvenience in this al
rapgement of the Executive powers,
those Inconvenience are more than
counterbalanced, by the greater securi-
ty of their Interests. which are effected
by the mutual checks which arr hus IN
terposed. But IT is not believed that
there are any Inconvenience to foreign
power, of whiehthey can, with propriety
complain, To give validity to any trea
~, the consent OF the contracting parties
is necessary. As 10 the mode by which
that consent shall he expressed, IL must
necessarily depend with eaeh upon its
own peculiar constitutional arrange
nent. All that can rightly bedemanded
in treating, is to knaw the contingencies,
on the happening of which. that con
sent is to be regarded as sufficiently
testified This information, the Govern
'nenl of the United States has always
commune ated to the Foreign Powers
with which it treats, and to none more
fully than to the United Kingdom of
Great Britain and Ireland. Nor can 1t
be admitted, that any just cause of com
plant can arise out of the rejection by
one party, Of treaty, which the other
has previously ratified. When such a
case occurs, it only proves that the con-
sent Of both. according to the constltu-
tional precautions which have been pro-
vided for maniiesting that consent. is
wanting to make the treaty valid. One
must necessarily precede the other in
the act Of ratification; and il, treaty is
ratified by one party, ratification of it
be withheld by the other, it merely shows
that one is, and the other is not, willing
to come under the obligations of the
proposed treaty.
am instructed by the President TO
accompany these frank and friendly ex-
plantations by these expressions OF his
sincere re greet that, from the views which
are en,ertainrd by the senate OF the U
States, it would seem to be unnecessary
and inexpedient any longer 90 continue
the negotiation respecting the Slave
Convention. with any hope that 1t can
be made to assume form satisfactory
to both parties. The government Of
his Britanic Majesty insists, as 'an in
condition, that the regulated
right of search. proposed in the Conven
ton, should be extended to the Ameri-
can coasts, as well as to those of Africa
and the'West indies. The Senate. even
with the omission of America, thinks it
to ratify the Colombian
Convention. And il is therefore, clear
y to be inferred that Convention with
MS Brltanic Majesty, with similar o
would not receive the approba-
lion of the senate. The decision of the
Senate shews that it has made up IT'S de-
iberate Judgment, without any regard
TO the relative state of the Military or
Commercial WARRINGTON all the consid
erations belonging to a view of that sub
Iect would have urged the ~enate to an
acceptance of the Colombian CoEven-
lion. ltis hoped therefore, that his Bril-
fannie ajesty cannot fail to perceive
hat the Senate has been guided by no
feelings towards Great Bril-
ain.
Before closing this note, I must ex-
press my regret that | am unable to
concur with you in the view which you
nave been pleased to present, OF the act
IF the British Parliament, by which it
mas denounced, as piratical, the slave
lrade, when exercised by British sub
iects. II is acknowledged, that the
of the Usited States con-
slider such denunciation as expedient,
to the conclusion of the
projected Convention. But the British