The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-01-12

yention, the coast OF America were excep-
ted from its operation, and vet, notwith-
standing this conciliating features, the Sen
ate after full deliberation, in the exercise
OF It's proper constitutional powers, has, by
a large majority, deemed il ineXpedient 70
consent TO, and advise, the ratification OF
this Convention.
The Government of his Britannia Males
~ is well acquainted with tho provision Of
the Constitution of the United States, BY
which the senate is a component part 81
the treaty-making power; ana that the con
sent and advice OF that branch Of Congress
are indispensable in the formation Of ali
treaties. According to the practice ofthis
Government, the Senate is not ordinarily
consulted in the lnltlatory state of a n 70
clation, bat It's consent and advice are only
invoked, after treaty is concluded, under
the direction of the President, and submit
ted 10 lis consideration. Each of the two
branches Of the treaty making authority is
independent of the other, whilst both are
responsible to the States and TO the Peo-
pie, the common sources of their respective
powers. 1t results from this organization,
that, IN the progress Of the Government,
instances may sometimes occur, Of differ
ence of opinion between the Senate aud
the Executive, as to the expediency of
projected treaty. of which the rejection of
the Colombian Convention affords an exam
pie. The people of the United States have
Justly considered that if there be any in
conveniences in this arrangement of their
Executive powers, those inconvcnienccs
are more than counterbalanced, by the
greater security of their interests, which is
effected by the mutual checks which are
thus interposed. But it is not to be be-
]ieved that there are any inconvenience
to foreign powers, of which they can, with
propriety complain. 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 necessarily depend with each upon
its own peculiar constitutional arrange
ment All that can rightly be demanded
in treating. is to know the contingencies,
or the happening of which, that consent is
10 be regarded as sufficiently testified.
This information, the Government of the
United States has always communicated
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 it be admitted, that any Just cause
of complaint can arise ont of the rejection
by one party, of treaty, which the other
has previously ratiicd.-When such a
cause occurs, it only proves that the con.
sent of both, according to the constitution
al 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 rati-
fcatio1 and if, after treaty is ratified by
one party, a ratification of it be withheld
by the other, it merely shows that one is,
and the other is not, willing to come under
the obligation of the proposed treaty.
am instructed by the President to ac-
company these frank and friendly explana.
tions by the expression ofhis sincere regret
that, from the views which are entertained
by the Senate of the United States, it
would seem to be unnecessary and ineXpe-
dent any longer to continue the negocia-
tion respecting the Slave Convention,
with any hope that it can be made to as
sumo form satisfactory to both par
ties. The Government of his Britannia
Majesty insists, as an indispensable condi-
posed in The Convention, should be eXten-
ded to the American coasts, rs well as to
those Of Africa and the West Indies. The
Senate, even with the omission of America,
thinks it unadvisable TO ratiiy the Colombian
Convention. And it is, therefore, clearly
to be inferred, that Convention with his
Britannia Majesty, with similar omission,
would not receive the appreciation of the
Senate. The decision ofthe Senate shews
that it has made upits deliberate judgment,
without any regard TO the relative 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 Colombian Conven-
ton. II is hoped, therefore, that his Brit
annie Majesty cannot fail to perceive that
the Senate has been guided by no uniiriend-
" feelings towards Great Britain.
Before closing this note, must express
ny regret that am unable to concur with
yot in the view which you have been pleas
e to present, of the act of the British Par
lament, by which it has denounced, as
piratical. the slave trade, when exercised
by British subjects. Ii is acknowledged,
that the Government of the United States
considered such a denunciation as cxpe-
dent, preliminary to the conclusion of the
projected Convention. But the British
Parliament, doubtless, upon its own sense
Of the enormity of the offence, deemed it
proper TO af!ix TO it the character and the
.;onalties of piracy. However much it
saay be supposed to have been actuated BY
Va accommodating spirit towards the Uni
led States. il can hardly be imagined that
it would have given that denomination to