Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-05
and to the People, tn. common sources of their

nlZatlOn, that, In the progress vi 'ne nv -.
ment, instances may sometimes occur, OF oil
ference Of opinion between the Senate and Tx
ecutiye, as to the expediency ola projected trea-
ty, of which the rejection OF the Colombian
Convention affords an example. he people
Of the United States have Justly considered that,
if there be any inconvenience in this arrange
ment of their Executive powers, those neon
veniences are more than counterbaianced, Dy
the greater security of their interests, which Is
effected by the mutual checks which are thus
n,erposed But it is not believed that there
are any inconvenience to foreign powers, oil
which they can with propriety, complain 10
give validity to any treaty. the consent oil the
contracting parties is necessary AS 10 the
mode bv which that consent shall be expressed,
it must necessarily depend with each upon Its
own peculiar constitutional arrangement. All
that can rightly be demanded in treating, is to
know the contingencies, on the happening oil
which, that consent is TO be regarded as suffi
ciently testified This information the Govern
ment of the United States has always commu-
ricated to the Foreign Powers with which 1t
treats, and to none more fully than to the Uni
ted Kingdom of Great Britain and Ireland. Nor
can it be admitted, that any, just cause OF COM
,laint can arise out Of the rejection by one par
ty, Of treaty which the other has previously
ratified When such a case occurs, il only
proves that the consent oil both, according to
the constitutional precautions which have been
provided for manifesling that consent, is want
ing to make the treaty valid. One must neces-
sarily prrcede the other in the act Of ratihca-
zion: and it, after treaty is ratified by one par
ty, ratification of it be withheld by the other,
il 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 accom-
pany these frank and friendly explanations by
the expression Of his sincere regretthat, from
the views which are entertained by the Senate
of the United States, il would seem to be UNI
necessary and inexpedient any longer to CONT
nue. the negotiation respecting the Slave Con-
vention, with any hope that IL can be made to
assume form satisfactory to both parties.-
The Government of his Britannia Majesty in
sists, as an indispensable condition, that the
regular right of search, proposed in the Con-
vention, should be extended to the American
coasts, as well as to those of Africa and the
West Indies. The Senate, even with the omls-
sion Of America, thinks it unadvisable to ratlty
the Colombian Convention. And II is, there
fore, clearly to be inferred, that a Convention
with his Britannia Majesty, with similar o.
mission, would not receive the appreciation oil
the Senate. The decision of the Senate shews
that it has made up its deliberate Judgment,
without any regard TO the relative state oil the
Military or CONNER ial Marine, for all the con-
sideration belonging to view OF that SUBJECT
would have urged the Senate to an acceptance
of the Colombian Convention. 1t is hoped,
therefore. that his Britannia Majesty Cannot
fail TO perceive that the Senate has been guided
by no unfrendly feeling towards Greal Britain.
Before closing this note, | must express my
regret that am unable 10 concur with you In
the view which you have been pleased 70 pre-; re-:
ocr,, of the not of the DrltiSn Parliament, ny
which i, has denounced, as plra,ical, the slave
trade. when exercised by British subjects. 1t
is acknowledged that the Government OF the
United States considered such dcnancialon
as inexpedient, preliminary to the conclusion OF
the projected Convention But the British Par
lament, doubtless, upon its own sense OF the
enormity of the offence, deemed it proper to al
fix to ii the character and the penalties OF Plra-
CIV. However much ii may be supposed to-
have been actualed by an accommodating spirit
towards the United States, 1t Can hardly be
imagined that il would have given that demo-
mina,ion to the fact Of trading in slaves, from
motives Of concession merely, contrary to its
own estimate of the mora! character Of that acl.
The Executive Of the United States believed
thar it might conduce 10 the success OF the ne
gociation, if the British Parliament would pre-
viously declare, as the United States had done,
the slave trade to be plratlcal. But 1t did not
follow, from the passage of that act, that any
treaty, in which the negotiation might terml-
nate. was to be taken out of the ordinary rule
by which all treaties are finally submitted to the
scrutiny and sanction of the respective Govern
ments. No peculiar advantage has accrued to
the United States from the enactment OF that
British law. Its continued existence, more
oyer, now depends upon the pleasure the Brit
ish Parliament.
But there is no disposition to dwell longer
on this subject The true character Of the whole
negotiation cannot be misconceived. Great br-
tain and the United States have had in view
common end of great humanity, entitled to
their highest and best exertons. With respect
to the desire of attaining that end, there is no
difference OF opinion between the government
of his Britannia Majesty and that Of the Uni
ted States, in any of its branches But the Sen
ate has thought, that the proposed Convention
was an instrument not adapted to the acco''
plishment of that end, or that it was otherwise
objectionable. And, without the concurrence
of the Senate, the Convention cannot receive
the constitutional sanctions OF the United