now to request to be made acquainted with the definite intention of the President, with respect to the proposition submitted by me on behalf of His Majesty's Government.

I have the honor to be, with distinguished consideration, Sir, your most obedient servant.

Hon. JOHN QUINCY ADAMS.

H. U. ADDINGTON.

Mr. Clay to Mr. Addington.

DEPARTMENT OF STATE,

Washington, April 6, 1825.

SIR: I have the honor to inform you that the delay in the transmission of a definite answer to your note of the 6th of November last, has proceeded from an anxious desire on the part of the late President of the United States to ascertain the practicability of reconciling, if possible, the views of the Government of the United States with those which are entertained by that of His Britannic Majesty, in respect to the convention for more effectually suppressing the slave trade. With that object, the correspondence with your Government, and the convention in which it terminated, together with what has since passed between the two Governments, both here and at London, were submitted to Congress during its late session. Of that reference you were apprized by the note of my predecessor, of the 4th December last. It has so happened, that neither the Senate nor the House of Representatives has expressed, directly, any opinion on the subject. But, on another convention, having the same object, concluded with the Republic of Colombia, on the 10th day of December, 1824, which was formed after the model of that which is pending between the Governments of the United States and Great Britain, the Senate has expressed a very decided opinion. In the Colombian convention, the coasts of America were excepted from its operation; and yet, notwithstanding this conciliating feature, the Senate, after full deliberation, in the exercise of its proper constitutional powers, has, by a large majority, deemed it inexpedient to consent to and advise the ratification of this convention.

The Government of His Britannic Majesty is well acquainted with the provision of the Constitution of the United States, by which the Senate is a component part of the treaty-making power; and that the consent and advice of that branch of Congress are indispensable in the formation of all treaties. According to the practice of this Government, the Senate is not ordinarily consulted in the initiatory state of a negotiation, but its consent and advice are only invoked after a 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, whilst both are responsible to the States and to the People, the common sources of their respective powers. It results from this organization, that, in the progress of the Government, instances may sometimes occur of a difference of opinion between the Senate and the Executive, as to the expediency of a projected 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 inconveniencies in this arrangement of their execu

tive powers, those inconveniencies 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 believed that there are any inconveniencies 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 arrangement. All that can rightly be demanded in treating, is to know the contingencies, on the happening of which, that consent is to 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 out of the rejection, by one party, of a treaty which the other has previously ratified. When such a case occurs, it only proves that the consent of both, according to the constitutional precautions which have been provided for manifesting that consent, is wanting to make the treaty valid. One must necessarily precede the other in the act of ratification; and if, after a 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 obligations of the proposed treaty.

I am instructed by the President to accompany these frank and friendly explanations by the expression of his sincere regret that, from the views which are entertained by the Senate of the United States, it would seem to be unnecessary and inexpedient any longer to continue the negotiation respecting the slave convention, with any hope that it can be made to assume a form satisfactory to both parties. The Government of His Britannic Majesty insists, as an indispensable condition, that the regulated right of search, proposed in the convention, should be extended to the American coasts, as well as to those of Africa and the West Indies. The Senate, even with the omission of America, thinks it unadvisable to ratify the Colombian And it is, therefore, clearly to be inferred, that a convention with His Britannic Majesty, with a similar omission, would not receive the approbation of the Senate. The decision of the Senate shows that it has made up its 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 of the Colombian convention. It is hoped, therefore, that His Britannic Majesty cannot fail to perceive that the Senate has been guided by no unfriendly feelings towards Great Britain.

Before closing this note, I must express my regret that I 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 as piratical the slave trade, when exercised by British subjects. It is acknowledged that the Government of the United States considered such a denunciation as expedient, 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 affix to it the character and the penalties of piracy. However much it may be supposed to have been actuated by an accommodating spirit towards the United States, it can hardly be imagined that it would have given that denomination to the fact of trading in slaves, from motives of concession merely, contrary to its own estimate of the

moral character of that act. The Executive of the United States believed that it might conduce to the success of the negotiation, if the British Parliament would previously declare, as the United States had done, the slave trade to be piratical. But it did not follow, from the passage of that act, that any treaty, in which the negotiation might terminate, was to be taken out of the ordinary rule by which all treaties are finally submitted to the scrutiny and sanction of the respective Governments. No peculiar advantage has accrued to the United States from the enactment of that British Its continued existence, moreover, now depends upon the pleasure of the British Parliament.

But there is no disposition to dwell longer on this subject. The true character of the whole negotiation cannot be misconceived. Great Britain and the United States have had in view a common end of great humanity, entitled to their highest and best exertions. With respect to the desire of attaining that end, there is no difference of opinion between the Government of His Britannic Majesty and that of the United States, in any of its branches. But the Senate has thought that the proposed convention was an instrument not adapted to the accomplishment 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 States. Without indulging, therefore, unavailing regrets, it is the anxious hope of the President that the Government of His Britannic Majesty should see, in all that has occurred, nothing towards it unfriendly on the part of that of the United States, and nothing that ought to slacken their separate or united exertions in the employment of all other practical modes to effectuate the great object, so dear to both, of an entire extirpation of a traffic which is condemned by reason, religion, and humanity.

I pray you, sir, to accept the assurance of my distinguished consideration.

HENRY U. ADDINGTON, Esq.

Chargé d'Affaires from Great Britain.

Mr. Addington to Mr. Clay.

H. CLAY.

WASHINGTON, April 9, 1825.

SIR: I have the honor to acknowledge the receipt of your letter of the 6th instant, in which you announce to me the definite decision of the President with regard to the convention for the more effectual suppression of the slave trade, which I had the honor to submit for the acceptance of this Government, on the 6th November last.

In expressing my regret at the failure of the benevolent efforts which have been employed in a cause so dear to humanity, I may venture to assure you that, however deeply His Majesty's Government may deplore the present disappointment of their hopes, they will consider the unfortunate issue of this business as in no wise affecting the friendly feelings which exist between the two Governments, and will accept with pleasure the expression of the President's desire that every exertion should still be used for effecting the entire extirpation of that odious traffic, which the convention was designed to suppress.

I cannot dismiss this subject without a brief observation on that part of your letter in which you animadvert upon the argument employed in mine cf the 6th of November last, relative to the act passed by the British Parliament, for denouncing the slave trade as piracy. The expressions used by you would lead to a belief that I had represented the passage of that act, on the part of Great Britain, as rendering it imperative on the American Government to accede to the convention, even at the expense of a sacrifice of their constitutional prerogatives.

A reference to the expressions of my letter will, I apprehend, at once demonstrate the erroneousness of this impression, by showing that I put the case as a point of conscience, not one of right, and that I urged the argument above alluded to in the form of an appeal, not of a demand.

The denunciation of the slave trade as piracy, by British statute, was made by this Government a sine qua non to the signature of the convention. As far as Great Britain was concerned, that proceeding, although perfectly comformable to the views of Parliament, quoad morality, was one of pure supererogation, and conferred no power towards the suppression of the slave trade not possessed before. Had the Government of the United States not expressly desired the enactment of that statute, it would never have been passed; but, being passed, its revocation, although certainly within the competence of Parliament, is now, by the interposition of subsequent events, rendered tantamount to morally impracticable.

These circumstances will, I apprehend, amply justify, both the form of the argument which I built upon then, and the warmth with which I urged it.

I offer the preceding remarks, not by any means with a view to invite to further discussion, but simply in order to obviate all misconstruction of the meaning of words already employed by me.

I have the honor, sir, to renew to you the assurance of my distinguished consideration.

The Hon. HENRY CLAY,

H. U. ADDINGTON.

Secretary of State.

FEBRUARY 14, 1826.

Mr. Forsyth laid the following resolutions on the table, viz:

1. Resolved, That it is expedient to repeal so much of the act of the 3d March, 1819, entitled "An act in addition to the acts prohibiting the slave trade," as provides for the appointment of agents on the coast of Africa.

2. Resolved, That it is expedient so to modify the said act of the 3d March, 1819, as to release the United States from all obligation to support the negroes already removed to the coast of Africa, and to provide for such a disposition of those taken in slave ships, who now are in, or who may be hereafter brought into the United States, as shall secure to them a fair opportunity of obtaining a comfortable subsistence, without any aid from the public Treasury.

These resolutions were not acted on by the House.

NINETEENTH CONGRESS-SECOND SESSION.

FRIDAY, MARCH 2, 1827.

Mr. Hamilton moved the following resolution; which was read, and laid on the table, viz:

Resolved, That the President of the United States be requested, on some fit and convenient occasion, in the course of any pending correspondence with the Governments of Great Britain and France, to ascertain and report to this House, at the next session of Congress, whether those Governments will furnish facilities to the landing, and safe passage through their respective possessions on the coast of Africa, to such Africans as may have come into the possession of the United States by virtue of captures and condemnations under the slave trade laws, whom this Government may desire to return to the respective countries, provinces, or dominions, of the countries to which such Africans belong.

March 3, 1827.--The above resolution was taken into consideration and adopted by the House.

MARCH 3, 1827.

Mr. MERCER, from the Select Committee, consisting of Mr. Mercer, Mr. Powell, Mr. Weems, Mr. Kellog, Mr. Kreps, Mr. Bryan, and Mr. M'Hatton, made the following report:

The committee to whom were referred sundry memorials of the American Colonization Society, of citizens of various portions of the United States, together with the resolutions of the Legislatures of the States of Delaware and Kentucky, inviting the aid of the Federal Government to colonize in Africa, with their own consent, the free people of color of the United States, report:

That the memorials and resolutions present to the consideration of Congress an object which must be regarded as of the highest importance to the future peace, prosperity, and happiness of the United States.

Surrounded with difficulties, in proportion to the magnitude of the interests that it involves, has been the circumspection with which the committee have approached it. Could they hope that the evil to which the memorials and resolutions point would find a remedy in silent neglect, or could be mitigated by concealment, they would ask to be discharged from its further investigation. The peculiar delicacy of another topic, almost inseparable, in imagination at least, however distinguishable in truth, from the purpose of the several memorials and resolutions referred to them, would induce the committee to avoid its consideration, if a sense of duty, prompted by the hope that their labor may not be in vain, did not urge them to proceed in the delicate task imposed upon them by the order of the House.

Its object, the committee are well aware, is not novel, nor even now for the first time presented to the notice of Congress.*

It involves an inquiry into the expediency of promoting, by the authority and resources of the General Government, the colonization of the free people of color beyond the territorial limits of the United States.

*See proceedings of Colonization Society, appended to this report.