Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-04-07


lis acting representative and that in the instance
Of treaties, conventions, and pacts, they are to be
returned, for final ratification. to each contracting
state, according TO the provisions of its particular
constitution. All idea is, therefore, excluded Of
binding a minority to agreements and acts contrary
to its will, by the mere circumstance Of the concur
reuce of majority of the states in those agree
mcnts and acts. Each state will, consequently, be
governed and left free, according to its own sense
Of its particular interests. All notion rejected of
an Amphyct.onic council, invested with power f. I
nally 10 decide controversies between the Ameri- |
states, or to regulate in any respect, their con-
duct. Such council might have been well enough
adapted to number of small, contracted states,
whose united territory would fall short of the extent
of that Of the smallest fthe American powers The
complicated and various interests Which appertain
the nations of this vast Continent cannot be safely
confded to the superintendent of Que legislative
authority. We should almost as soon expect to see
an Amphyctionc council to regulate the affairs Of
the whole globe. But even if it were desirable to
establish such tribunal, it is beyond the compe-
tency of the government Of the United States vol
unfairly to assent to it, without previous change of
their actual constitution Although the speculation
of such acouncil has been sometimes made, and
sociated in public papers with the contemplated
congress, we can hardly anticipate that 1t will be
seriously pressedby amy of the powers. The con-
crosses which have been common in Europe, es-
pecially within these later times, have been alto
lgether diplomatic, and consequently, the states
whose ministers composed them, were only bound
lby their signatures. With this necessary and indus
pensabe restriction upon the action of the congress,
great advantages may, nevertheless, be derived
iron, an assembly, at the same time and place, OF
minister's from all the American nations. Such an as
semby will afford great facilities for free and friend
ly conferences for mutual & necessary explanations.
and for discussing and establishing general
principles, applicable to peace and war, to commerce
and navigation, with the sanction OF all America.
Treaties may be concluded, in the course of few
months at such congress, laying the foundations of
lasting atty and good neighborhood which il would
require nauy years to consummate, II, indeed they
would be al all practicable, by separate and success
sve negotiations, conducted between the several
powers, at different times and places. Keeping con
santly m view the essential character aud object OF
the congress, which have been described, it IS not
very important in what manner its conferences and
discussions may be regulated. Experience has
perhaps sufficiently established that for precision.
for safety to the negotiators themselves, and for an
early practical result wisest to proceed by pro-
toco. i'll which the mutual propositions Of the par
ties together with such concise observations as any
of them deae to have preserved, carefully re.
corded But you are left free to agree to that mode
. OF proceeding with the indispensable limitation be.
fore stated, which, under all circumstances, shall APP
0 pear to You most advisable. Your power conveys
u an authority to treat with all any of the nations
represented at the congress OF any of the subjects
u comprised in your Instructions. And on those, es
VI peciay of commerce and navigation, maritime law
aud neutral and begerent rights, the president
wish t:iat, If those Interests cannot be adjusted sat
J. isfactor,ly to all the attending powers, you should
i form, nevertheless, treaties with such may be
II disposed to conclude them with you. But 10 thu
l. conduct of any such separate negotiations, you will
) carefully avoid giving any occasion OF offence t
= those powers who may decline treating and you
J. should have strong to believe that the fac
IT itself of opening such separate negotiations wou
'e have the tendency of creating untriendly feeling
'r and relation to the 5ther American powers you viii
~ decline entering them altogether You are ais
10 authorized to agree upon transfer of the confer
T. ences from Panama to any other place the Anne
As rlcan continent that may be considered more elg
lie BILE for conducting them.
H. In now proceeding to direct your attention part
IN cularly to the instructions of the president b
al which, after having settled the preliminary point
'r which have just adverted you will govern your
AZ selves, the first observation to be made is, that,
III accedng TO the invitation which has been accepted
ne no intention has been entertained to change III
ne present pacific and neutral policy Of the Unite
al States.
n On the contrary, it has been distinctly under
a. stood by the three republics, who gave the invita-
ton, and has been enforced on our part, in all ou
I'll communications with them in regard to it, that III
"a United States would strictly adhere to that policy
ke and mean faithfully to perform all their neutral OF
Legations. Whilst the existing war is limited to III
nd present parties. it is unnecessary, it would
tn unwise, in the United States to become bege
OF ent. A state of things can hardly be mmanaged
n which they would voluntarily take part on the sill
IL of Spain and on that the republics, it would
he entirely useless since they have been all along abb
..ll
he to conquer the arms if they have not Il
,g, obsnacy of Spain. BY maintaining the neutr
he position which the United States have assume,
is, they have been enabled to hold strong language