18th CONGRESS, 20 SESSION. Documents accompanying the President's Message. [Sen. and H. of R, Netherlands, in which, without constituting the crime as | misphere, are subjects of discuss on. In a third, our ter piracy or classing it with crimes of that denomination, ritorial, and other rights upon the Northwest Coast, are the parties had conceded to the naval officers of each to be adjusted; while a negotiation on the same interother, the right of search and capture of the vessels of est is opened with Russia. In a fourth, all the most ineither, that might be engaged in the slave trade, and portant controvertible points of maritime law, in time of had instituted courts consisting of judges, subjects of war, are brought under consideration; and, in the fifth, both parties, for the trial of the vessels so captured. the whole system of South American concerns, connect In the negotiations with the United States, Great Bri-ed with a general recognition of South American Indetain had earnestly and repeatedly pressed on them the pendence, may, again, from hour to hour, become, as it adoption of similar provisions. They had been resisted has already been, an object of concerted operations of by the Executive, on two grounds: one, that the con- the highest interest to both nations, and to the peace of stitution of mixed tribunals was incompatible with their the world. constitution; and the other, that the concession of the It cannot be disguised, that the rejection of this conright of search in time of peace, for an offence not pira-vention could not fail to have a very injurious influence tical, would be repugnant to the feelings of the nation, on the good understanding between the two goveraand of dangerous tendency. The right of search is the ments on all these points. That it would place the Exright of war, of the belligerant towards the neutral. To ecutive administration under embarrassment, and subextend it, in time of peace, to any object whatever,ject it, the Congress, and the nation, to the charge of might establish a precedent which might lead to others insincerity, respecting the great result of the final sup with some powers, and which, even if confined to the pression of the slave trade, and that its first and indis instance specified, might be subject to great abuse. pensable consequence will be, to constrain the Execu Animated by an ardent desire to suppress this trade, tive to suspend all further negotiation with every Euthe United States took stronger ground, by making it,ropean and American power, to which overtures have by the act above referred to, piratical; a measure more been made, in compliance with the resolution of the adequate to the end, and free from many of the objec. House of Representatives, of 28th February, 1823, must tions applicable to the plan which had been proposed to be obvious. To invite all nations, with the statute of them. It is this alternative which the Executive, under piracy in our hands, to adopt its principles as the law of the sanctions and injunctions above stated, offered to the nations, and yet to deny to all the common rights of British Government, and which that Government has ac- search for the pirate, whom it would be impossible to cepted. By making the crime piracy, the right of search detect, without entering and searching the vessel, attaches to the crime, and which, when adopted by all would expose us, not simply to the charge of incon. nations, will be common to all; and that it will be so sistency. adopted, may fairly be presumed, if steadily persevered in by the parties to the present convention. In the mean time, and with a view to a fair experiment, the obvious course seems to be, to carry into effect, with every power, such treaty as may be made with each in succession. In presenting this alternative to the British Government, it was made an indispensable condition, that the trade should be made piratical by act of Parliament, as it had been by an act of Congress. This was provided In further illustration of the views of Congress on this for in the convention, and has since been complied with. subject, I transmit the Senate extracts from two resolu In this respect, therefore, the two nations rest on the tions of the House of Representatives, one of the 9th Fesame ground. Suitable provisions have also been adopt-bruary, 1821, the other of 12th April, 1822. I transmit, ed to protect each party from the abuse of the power also, a letter from the Charge d'Affaires of the British granted to the public ships of the other. Instead of sub- Government, which shews the deep interest which that jecting the persons detected in the slave trade to trial by Government takes in the ratification of the treaty. the courts of the captors, as would be the case if such JAMES MONROE trade was piracy by the law of nations, it is stipulated, that, until that event, they shall be tried by the courts of their own country only. Hence, there could be no motive for an abuse of the right of search, since such abuse could not fail to terminate to the injury of the captor. It must be obvious, that the restriction of search for pirates to the African coast, is incompatible with the idea of crime. It is not doubted, also, if the convention is adopted, that no example of the commission of that crime, by the citizens or subjects of either power, will ever occur again. It is believed, therefore, that this right, as applicable to piracy, would not only extirpate the trade, but prove altogether innocent in its operation. Washington, 21st May, 1824. Extract of a report of the 9th of February, 1821, to the House of Representatives, by the Committee to which had been referred so much of the President's message as relates to the slave trade, and to which were referred the two messages of the President, transmitting, in pursuance of the resolution of the House of Repre sentatives, of the 4th of December, a report of the Secretary of State, and enclosed documents relating to the negotiation for the suppression of the slave trade. Should this convention be adopted, there is every reason to believe, that it will be the commencement of a system destined to accomplish the entire abolition of the slave trade. Great Britain, by making it her own, confessedly adopted, at the suggestion of the United States, and being pledged to propose and urge its adoption, by other nations, in concert with the United States, will find it for her interest to abandon the less effective system of "The detestable crime of kidnapping the unoffending her previous treaties with Spain, Portugal, and the inhabitants of one country, and chaining them to slavery Netherlands, and to urge on those and other powers in another, is marked with all the atrociousness of pir their accession to this. The crime will then be univer-cy, and, as such, it is stigmatized and punishable by our sally proscribed as piracy, and the traffic be suppressed forever. Other considerations of high importance urge "To efface this reproachful stain from the character of the adoption of this convention. We have at this mo- civilized mankind, would be the proudest triumph that ment pending with Great Britain, sundry other negotia- could be achieved in the cause of humanity. On this tions, intimately connected with the welfare, and even subject, the United States, having led the way, owe it to with the peace, of our Union. In one of them, nearly a themselves to give their influence and cordial co-operathird part of the territory of the State of Maine is in con- tion to any measure that will accomplish the great and testation. In another, the navigation of the St. Law-good purpose; but this happy result, experience has derence, the admission of consuls into the British islands, monstrated, cannot be realized by any system, except s and a system of commercial intercourse between the concession by the maritime powers to each other's ships United States and all the British possessions in this he- of war of a qualified right of search. own laws. 18th CONGRESS, 2d SESSION. Documents accompanying the President's Message. "If this object was generally attained, it is confidently believed that the active exertions of even a few nations, would be sufficient entirely to suppress the slave trade." Extract from a report made April 12, 1822, by the Committee on the Suppression of the Slave Trade, to whom had been referred a resolution of the House of Representatives, of the 15th of January preceding, instructing them to inquire whether the laws of the U. States, prohibiting that traffic, have been duly executed; also, into the general operation thereof, and if any defects exist in those laws, to suggest adequate remedies therefor, and to whom many memorials have been referred touching the same subject. [Sen. and H. of R. had the honor of making my first communication to you on the subject of the convention, concluded on the 13th of March last, between the British government and the American Envoy in London. At that time, in pursuance of instructions conveyed to me from his Majesty's Secretary of State for Foreign Affairs, I made known to you the earnest desire of the British government, that no time should be lost by that of the United States in proceeding to the ratification of that instrument, in order that it might be returned to England in time to have it submitted to Parliament prior to its prorogation, which was expected to take place at an early period. I flattered myself, sir, that the wish, thus anxiously expressed by me on behalf of his Majesty's Government, would meet with a corresponding order on the part of all the authorities to whom it was addressed, especially considering that the project of the convention originated with this Government, at the instigation of the House of Representatives, and that his Majesty's ministers had not hesitated an instant to comply with the preliminary act desired by the President, of procuring the passage of a bill through Parliament, denouncing as piracy by statute, the African slave trade, when exercised by British subjects. "But the conclusion to which your Committee has arrived, after consulting all the evidence within their reach, is, that the African slave trade now prevails to a great extent, and that its total suppression can never be effected by the separate and disunited efforts of one or more of the states: and, as the resolution to which this report refers, requires the suggestion of some remedy for the defects, if any exist, in the system of laws for the suppression of this traffic, your committee beg leave to call the attention of the House to the report and accompanying documents submitted to the last Congress, by the Committee on the Slave Trade, and to make the This consideration, sir, necessarily precludes my entersame a part of this report. That report proposes, as a taining a doubt as to the eventual ratification of the conremedy for the existing evils of the system, the concur-vention by this government, and I therefore attribute rence of the United States with one or all the maritime the delay which has hitherto occurred, to the pressure powers of Europe, in a modified and reciprocal right off of other business, which it would have been found in search on the African coast, with a view to the total sup-convenient to postpone. pression of the slave trade. "It is with great delicacy that the committee have approached this subject, because they are aware that the remedy which they have presumed to recommend to the consideration of the House, requires the exercise of a power of another department of this government, and that objections to the exercise of this power, in the mode here proposed, have hitherto existed in that department. I think it my duty, however, to press once more, and in the most earnest manner, upon your attention, the anxiety of the British government on this subject. Of this anxiety, a most convincing proof may be found, in the circumstance of an extra packet having been dispatched, by them, for the sole purpose of conveying to this country the act of Parliament declaring the slave trade piracy, immediately after its passage through both Houses, in order that the want of that document might not oppose any obstacle to the sanction of the convention, by this Government. "Your committee are confident, however, that these objections apply rather to a particular proposition for the exchange of the right of search, than to that modifica- Perhaps, sir, you will allow me to add, that I now de tion of it which presents itself to your committee. They tain that same packet for the express purpose of recontemplate the trial and condemnation of such Ameri-conveying the instrument in question, as soon as ratified, can citizens as may be found engaged in this forbidden with the utmost possible celerity, to England. trade, not by mixed tribunals, sitting in a foreign coun try, but by existing courts, of competent jurisdiction, in the United States; they propose the same disposition of the captured Africans, now authorized by law, and, least of all, their detention in America. "They contemplate an exchange of this right, which shall be, in all respects, reciprocal—an exchange which, deriving its sole authority from treaty, would exclude the pretension, which no nation, however, has presumed to set up, that this right can be derived from the law of nations; and, further, they have limited it in their conception of its application, not only to certain latitudes, and to a certain distance from the coast of Africa, but to a small number of vessels to be employed by each power, and to be previously designated. The visit and search, thus restricted, it is believed, would ensure the co-operation of one great maritime power in the proposed exchange, and guard it from the danger of abuse. "Your committee cannot doubt that the people of America have the intelligence to distinguish between the right of searching a neutral on the high seas, in time of war, claimed by some belligerants, and that mutual, restricted, and peaceful concession, by treaty, suggested by your committee, and which is demanded in the name of suffering humanity." Mr. Addingdon to the Secretary of State. WASHINGTON, May 16, 1824. SIR: Nearly three weeks have now elapsed since I have the honor to be, with distinguished considera- Secretary of State. IN SENATE-FRIDAY, May 21, 1824. Agreeably to the order of the day, the Senate resumed, as in committee of the whole, the consideration of the Convention with Great Britain, together with the amendment proposed on the 13th instant; and the amendment having been modified, as follows: free to either of the parties, at any time, to renounce the said Provided, That an article be added, whereby it shall be convention, giving six months' notice beforehand : On the question to agree thereto, it was determined in the affirmative, yeas 36, nays 2. Those who voted in the affirmative, are, Messrs. Barbour, Barton, Bell, Benton, Branch, Brown, Clayton, Eaton, Edwards, Elliott, Findlay, Gaillard, Hayne, Holmes, of Maine, Holmes, of Mississippi, Jackson, Johnson, of Kentucky, Henry Johnson, Josiah S. Johnston, Kelly, King, of Alab. King, of N. Y. Knight, Lloyd, of Mass. Lowrie, Mellvaine, Macon, Mills, Palmer, Parrott, Ruggles, Seymour, Taylor, of Va. Thomas, Van Dyke, Williams. Those who voted in the negative, are, Messrs. Chandler and D'Wolf. And no further amendment having been made, the Convention was reported to the Senate. On the question to concur in the amendment made in comImittee of the whole, to wit: 18th CONGRESS, 2d SESSION. Documents accompanying the President's Message. Insert at the end of the resolution for the ratification of the Convention, Provided, That an article be added, whereby it shall be free to either of the parties, at any time, to renounce the said Convention, giving six months' notice beforehand, It was determined in the affirmative, yeas 34, nays 2. Those who voted in the negative, are, Messrs. Chandler and Ordered, That the Convention pass to a third reading. The Convention with Great Britain was read the third time; whereupon, Mr. Barbour submitted the following motion for consideration, which was read: [Sen. and H. of R. vaine, Mills, Noble, Parrott, Ruggles, Seymour, Taylor of Ind. Taylor of Va. Van Dyke, and Williams. Those who voted in the negative, are, Messrs. Bell, Brown, Chandler, D'Wolf, Dickerson, Elliott, Gaillard, Holmes of Maine, J. S. Johnston, King of Alab. Lowrie, Macon, Smith, Thomas, Van Buren, and Ware. On motion, to strike out of the 7th article the following words: "And it is further agreed, that any individual, being a citizen or subject of either of the two contracting parties, who shall be found on board any vessel, not carrying the flag of the other party, nor belonging to the subjects or citizens of either, but engaged in the illicit traffic of slaves, and seized or condemned on that account, by the cruisers of the other party, under circumstances which, by involving such individual in the guilt of slave trading, would subject him to the penalties of piracy, he shall be sent for trial before the competent court in the country to which he belongs, and the reasonable expens es of any witnesses belonging to the captured vessel, in proceeding to the place of trial, during their detention there, and for their return to their own country, or to their station in its service, shall, in every such case, be allowed by the court, and defrayed by the country in which the trial takes place :" On the question," Shall these words stand as part of the article ?" it was determined in the negative, yeas 22, nays 21. Those who voted in the affirmative, are, Messrs. Barton, Benton, Clayton, Eaton, Edwards, Findlay, Hayne, Holmes of Miss Jackson, Johnson of Ken. Henry Johnson, Kelly, King of N. Y. Knight, MIlvaine, Mills, Noble, Parrott, Seymour, Kesolved, Two-thirds of the Senators present concurring therein, That the Senate do advise and consent to the ratification of the Convention made and concluded at London, the thirteenth day of March, one thousand eight hundred and twenty-four, between the United States of America and the King of the United Kingdom of Great Britain and Ireland: Provided, That an article be added, whereby it shall be free to either of the parties, at any time, to renounce the said Convention, giving six months' notice beforehand. On motion, by Mr. Macon, to postpone the further consider-Taylor, of Va. Van Dyke, and Williams. ation of the Convention to the first Monday in December next, it was determined in the negative, yeas 16, nays 26. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Bell, Brown, Chandler, D'Wolf, Dickerson, Elliott,Gaillard, Holmes of Maine, Knight, Lowrie, Macon, Ruggles, Smith, Thomas, Van Buren, and Ware. Thote who voted in the negative, are, Messrs. Barbour. Bell, Branch, Brown, Chandler, D'Wolf, Dickerson, Falliott Gaillard, Holmes of Maine, Josiah S Johnston, King of Alab. Lloyd of Mass. Lowrie, Macon, Ruggles, Smith, Taylor of Ind. Thomas, Van Buren, and ware. On the question to agree to the resolution, amended accordingly, for the ratification of the Convention, It was determined in the affirmative, yeas 29, nays 15. Those who voted in the affirmative, are, Messrs. Barbour, Findlay, Hayne, Holmes of Miss. Jackson, Johnson of Ken Henry Johnson, Josiah S. Johnston, Kelly, King of Alab. King of N. Y. Knight, Lloyd of Mass. Lowrie, Mellvaine, Mills, Parrott, Seymour, Taylor of Ind. Taylor of Va. Van Dyke, and Williams. Those who voted in the negative, are, Messrs. Barbour, Bar-Barton, Benton, Branch, Brown, Clayton, Eaton, Edwards, ton, Benton, Branch, Clayton, Eaton, Edwards, Findlay, Hayne, Holmes of Miss. Jackson, Johnson of Ken. Henry Johnson, Josiah S. Johnston, Kelly, King of N. Y. Lloyd of Mass. Mclivaine, Mills, Noble, Parrott, Seymour, Taylor of Ind. Taylor of Va Van Dyke, and Williams. On motion by Mr. Josiah S. Johnston, to strike out of the Convention, art. 1, line 4, the words "of America"On the question "Shall these words stand as part of the article?" it was determined in the negative, yeas 23, nays 20 Those who voted in the affirmative, are, Messrs. Barbour, Barton, Clayton, Eaton, Edwards, Findlay, Hayne, Holmes of Miss. Jackson, Johnson of Ken. Henry Johnson, Kelly, King of N. Y. Lloyd of Mass. Mellvaine, Mills, Noble, Parrott, Seymour, Taylor of Ind. Taylor of Va. Van Dyke, and Williams. Those who voted in the negative, are, Messrs. Bell, Benton, Branch, Brown, Chandler, D'Wolf, Dickerson, Eliott. Gaillard, Holmes of Maine, Josiah S. Johnston, King of Alabama, Knight, Lowrie, Macon, Ruggles, Smith, Thomas, Van Buren, and Ware. On motion of Mr. Josiah S. Johnston, to strike out, art.1,'line 5, the words " and of the West Indies" On the question "Shall these words stand as part of the article?" it was determined in the affirmative, yeas 29, nays 14. Those who voted in the affirmative, are, Messrs. Barbour, Barton, Benton, Brown, Clayton, Eaton, Edwards, Findlay, Hayne, Holmes of Miss. Jackson, Johnson of Ken. Henry Johnson, Kelly, King of N. Y. Kight, Lloyd of Mass Lowrie, McIlvaine, Macon, Mills, Noble Parrott, Ruggles, Seymour, Taylor, of Ind. Taylor of Va. Van Dyke, and Williams. Those who voted in the negative, are, Messrs. Bell, Branch, Chandler, D'Wolf, Dickerson, Elliott, Gaillard, Holmes of Maine, Josiah S. Johnston, King of Alab. Smith, Thomas, Va. Buren, and Ware. A motion was made by Mr. Josiah S. Johnston, to strike out the second article; and, on the question "Will the Senate advise and consent to the ratification of this article ?" it was determined in the negative, yeas 27, nays 16. Those who voted in the affirmative, are, Messrs. Barbour, Barton, Benton, Branch, Clayton, Eaton, Edwards, Findlay, Hayne, Holmes of Miss. Jackson, Jolinson of Ken. Henry Johnson, Kelly, King of N. Y. Knight, Lloyd of Mass. Mell Those who voted in the negative, are, Messrs. Bell, Chandler, D'Wolf, Dickerson, Elliott, Gaillard, Holmes of Maine Macon, Ruggles, Smith, Thomas, Van Buren, and Ware. So it was resolved, two-thirds of the Senators present concurring therein, That the Senate do advise and consent to the ratification of the Convention made and concluded at London, the 13th day of March, one thousand eight hundred and twen ty-four, between the United States of America and the King of the United Kingdom of Great Britain and Ireland, with the article; with the exception of the second article; and of the exception of the words " of America," in line four, of the first following words in the seventh article: "And it is further agreed, that any individual, being a citizen or subject of either of the two contracting parties, who shall be found on board any to the subjects or citizens of either, but engaged in the illien vessel, not carrying the flag of the other party, nor belonging traffic of slaves, and seized or condemned on that account, be the cruisers of the other party, under circumstances which, by involving such individual in the guilt of slave trading, woold subject him to the penalties of piracy, he shall be sent for trial before the competent court in the country to which he belongs and the reasonable expenses of any witnesses, belonging to the capturing vessel, in proceeding to the place of trial, during their detention there, and for their return to their own country, or to their station in its service, shall, in every such case, be allowed by the court, and defrayed by the country in which the trial takes place:" Provided, That an article be added where by it shall be free to either of the parties, at any time, to renounce the said Convention, giving six months' notice beforehand. Mr. Adams to Mr. Rush. DEPARTMENT OF STATE, Washington, 29th May, 1824. SIR: The convention between the United States and 18th 2d SESSION. Documents accompanying the President's Message. Great Britain, for the suppression of the African slave trade, is herewith transmitted to you, with the ratification on the part of the United States, under certain modifications and exceptions, annexed as conditions to the advice and consent of the Senate to its ratification. The participation of the Senate of the United States in the final conclusion of all treaties to which they are parties, is already well known to the British government; and the novelty of the principles established by the convention, as well as their importance, and the requisite assent of two-thirds of the Senators present, to the final conclusion of every part of a ratified treaty, will explain the causes of its ratification under this form. It will be seen that the great and essential principles which form the basis of the compact are admitted, to their full extent, in the ratified part of the convention. The second article, and the portion of the seventh which it is proposed to expunge, are unessential to the plan, and were not included in the project of convention transmitted to you from hence. They appear, indeed, to be, so far as concerned the United States, altogether inoperative, since they could not confer the power of capturing slave traders under the flag of a third party-a power not claimed, either by the United States, or Great Britain, unless by treaty, and the United States having no such treaty with any other power. It is presumed that the bearing of those articles was exclusively upon the flags of those other nations with which Great Britain has already treaties for the suppression of the slave trade, and that, while they give an effective power to the officers of Great Britain, they conferred none upon those of the United States. [Sen. and H. of R. with transmit the ritish ratified copy to this place. On exchanging the ratifications, a certificate of that act is usually executed under the hand and seal of the persons performing it, and mutually delivered. A copy of the form of that used in exchanging the ratifications of the convention of 20th October, 1818, is herewith_enclosed, and it appears to be the form generally used on such occasions by the British government. You will transmit the certificate exchanged with the British ratification. To complete the documents belonging to the negotiation, a copy of the full power of the British Plenipotentiaries, and of the protocol of the third conference, are yet to be forwarded to us. By the ninth article of the convention, it is provided that copies of it, "and of the laws of both countries, actually in force, for the prohibition and suppression of the slave trade, shall be furnished to every commander of the National vessels of either party, charged with the execution of those laws." The fulfilment of this article will require the continued and particular attention of both governments. I enclose, herewith, a printed pamphlet, containing all the laws of the United States on this subject, now in force. It is stated in your despatches to have been the intention of the British government to consolidate into one act, during the present session of Parliament, all the British laws relating to the subject; and perhaps Congress, at the next session, may deem it expedient to do the same here. At all events, you will not fail to forward to me a copy of all the laws in force, which come within the purview of the convention, and although not expressly stipulated in that instrument, you will suggest to the British government, that copies The exception of the coast of America from the seas of the Instructions relating to this object, given by each upon which the mutual power of capturing the vessels of the parties to its own naval officers, should be comunder the flag of either party may be exercised, had re- municated to the other, and furnished to all the officers, ference, in the views of the Senate, doubtless, to the on either side, entrusted with the execution of the laws coast of the United States. On no part of that coast, made by this convention, common to both. Lists of the unless within the Gulf of Mexico, is there any probabili-vessels of either party, and of their commanders, thus ty that slave-trading vessels will ever be found. The ne-instructed, might also facilitate the accomplishment of cessity for the exercise of the authority to capture is, the great purposes of both, and harmonize the practical therefore, no greater, than it would be upon the coast of operation of a system, not less important by the magnanEurope. In South America, the only coast to which imous end to be obtained, than by the novelty of the slave-traders may be hereafter expected to resort, is that means adopted for its accomplishment. of Brazil, from which, it is to be hoped, they will shortly be expelled by the laws of the country. The conclusion of this convention has been highly satisfactory to the President, whose entire approbation of The limitation by which each party is left at liberty to the course pursued by you in the negotiation of it, I am renounce the convention, by six months' notice to the instructed to make known to you. He indulges the other, may, perhaps, be useful in reconciling other na hope that it will, even as now modified, contribute tions to the adoption of its provisions. If the principles largely to two objects of high importance: to the friendof the convention are to be permanently maintained, this ly relations between the two countries, and to the gener limitation must undoubtedly be abandoned; and when al interests of humanity. He sees in it, with much pleathe public mind shall have been familiarized to the prac-sure, that spirit of mutual accommodation, so essential to tical operation of the system, it is not doubted that this reservation will, on all sides, be readily given up. In giving these explanations to the British Government, you will state that the President was fully prepared to have ratified the convention without alteration, as it had been signed by you. He is aware that the conditional ratification leaves the British government at liberty to concur therein, or to decline the ratification altogether; but he will not disguise the wish, that, such as it is, it may receive the sanction of Great Britain, and be carried into effect. When the concurrence of both governments has been at length obtained, by exertions so long and so anxiously continued, to principles so important, and for purposes of so high and honorable a character, it wouli prove a severe disappointment to the friends of freedom and of humanity, if all prospect of effective concert between the two nations, for the extirpation of this disgrace to civilized man, should be lost by differences of sentiment, in all probability transient, upon unessential details. Should the convention, as ratified on the part of the United States, be likewise ratified on the part of Great Britain, you will exchange the ratifications, and forth the continuance and promotion of their harmony and good understanding, and welcomes it as an earnest of the same spirit, in accomplishing the adjustment of the other interesting objects in negotiation between the two parties. I am, with great respect, sir, your very humble and obedient servant, JOHN QUINCY ADAMS. RICHARD RUSH, Envoy Extraordinary and Minister Plenipotentiary U. S. London. Extract of a letter from Mr. Rush to Mr. Adams, dated LONDON, June 28th, 1824. "I have this day had the honor to receive your despatch, No. 79, of the 29th of May, with the Convention for the Suppression of the Slave Trade, as ratified on the part of the United States, under certain modifications and exceptions, annexed as conditions to the advice and consent of the Senate to its ratification. "I shall proceed, immediately, to lay the Convention, as thus ratified, before this Government, and endeavor to recommend to its acceptance the modifications and 18th CONGRESS, 2d SESSION. Documents accompanying the President's Message. exceptions, now a part of the instrument, by all the suggestions and arguments with which your despatch has supplied me." Extract of a dated [Sen. and H. of R as they will now be seen in his note, for not acceding to the treaty, took occasion to remark, that Great Britain would be willing to give to the omitted words a mean ing that would restrict their operation to the souther letter from Mr. Rush to Mr. Adams, portion of North America, as proximate to the British West Indies, excluding the range of coast which con prehended the middle and northern states, if I thought that such a plan would be acceptable to my government. I immediately and most decidedly discountenanced such a proposition, as objectionable under every view. He replied, that, having no other object in making the inti mation than that of preventing the treaty from falling through, and not knowing himself in what light it might be received, he had of course nothing more to say, after learning from me that it would be objectionable. LONDON, July 5, 1824. "I have had one interview with Mr. Secretary Canning, since the 28th of last month, on the business of the Convention for the Suppression of the Slave Trade; but, as yet, am not able to communicate any of the sentiments of this Government in relation to it. You shall hear them from me at the earliest moment after I am, myself, apprised of them." Extracts of a letter from Mr. Rush to Mr. Adams, dated LONDON, August 9, 1824. "I have the honor to inform you that Mr. Secretary Canning has given me to understand, in an interview which I have this day had with him, that this Government finds itself unable to accede to the Convention for the Suppression of the Slave Trade, with the alterations and modifications that have been annexed to its ratification on the part of the United States. He said that none of these alterations or modifications would have formed insuperable bars to the consent of Great Britain, except that which had expunged the word America from the first article, but that this was considered insuperable." "The reasons which Mr. Canning assigned for this determination on the part of Great Britain, I forbear to state, as he has promised to address a communication, in writing, to me, upon the subject, where they will be seen more accurately, and at large; but to guard against any delay in my receiving that communication, I have thought it right not to lose any time in thus apprising you, for the President's information, of the result." : Mr. Rush to Mr. Adams. LONDON, August 30, 1824. SIB I had the honor to apprize you, in my letter of the 9th inst. that Mr. Secretary Canning had informed me, in an interview that I had with him on that day, that this Government would decline acceding to the convention for the suppression of the slave trade, as ratified in May, on the part of the United States,and that he promised to address me an official note upon this subject. This note I received on Saturday the 28th instant, the delay having arisen from an attack of fever, under which he has been laboring. A copy of it is, herewith, enclosed. I avail myself of this opportunity to forward to you a copy of the act of the last session of Parliament for cosolidating the laws of this realm for the abolition of the slave trade, as requested in your communication of the 29th of May. RICHARD RUSH. I have the honor to remain, &c. Secretary of State. Mr. G. Canning to Mr. Rush. FOREIGN OFFICE, AUG. 27, 1821. SIR: In pursuance of what I stated to you in our late conference, I have now the honor to address you on the subject of the qualified ratification, on the part of your government, of the treaty for the more effecto al suppression of the slave trade, which was concladed and signed, in the month of March last, by you and his Majesty's Plenipotentiaries. His Majesty's government have given the most aniious and deliberate consideration to this subject; and if the result of that consideration has been to decide that they cannot advise his Majesty to accept the American ratification, (notwithstanding the arguments alleged by you, in the name of your government, in favor of such acceptance,) I entreat you to believe it is not from any diminished sense of the importance of the matter to which that treaty relates. Nor do they at all underrate the desire which, as you have assured me, and, as they really believe, was felt by the President of the United States, to adopt the provi sions of the treaty, such as it was transmitted to Ameri ca. But the result is not the less inconvenient. A treaty, of which the basis was laid in propositions framed by the American government, was considered, here, as so little likely to be made a subject of renewed discussion in America, that not a moment was lost in ratifying it, on the part of his Majesty; and his Majesty's raI lost no time, after receiving your instructions of the tification was ready to be exchanged against that of the 29th of May, in laying the matter of them before Mr. | United States, when the treaty came back; not as it Canning, having, on the 30th of June, written him a note had been sent to America, but with material variations to request an interview, for the purpose of executing-variations not confined to those stipulations, or parts this duty, which he granted me, at the Foreign Office, of stipulations, which had been engrafted upon the ori on the first of July. It was in that interview that I laid ginal projet, but extending to that part of the original fully before him all the considerations and arguments for projet itself, which had passed, unchanged, through the the adoption of the treaty, as ratified at Washington, with negotiation. which your above instructions had charged me, omitting The knowledge that the constitution of the U. States no part of them. He gave no opinion at that time, on renders all their diplomatic compacts liable to this sort the course which this Government would be likely to of revision, undoubtedly precludes the possibility of takpursue, but, afterwards, on the 9th of August, informed ing exception at any particular instance in which that me, as I have heretofore mentioned, that the omission of revision is exercised; but the repetition of such instanthe words," and America," from the first article of the ces does not serve to reconcile to the practice the feeltreaty, was considered, by Great Britain, as an insuper-ings of the other contracting party, whose solemn ratifiable objection to its acceptance on her part, and to this effect is the note which I now transmit from him. A copy of my answer to it, dated to-day, is enclosed. cation is thus rendered of no avail, and whose concessions, in negotiation, having been made (as all such concessions must be understood to be made) conditionally, It may be proper for me to state, that, whilst Mr. Can-are thus accepted as positive and absolute, while what ning, in the interview I had with him on the ninth of may have been the stipulated price of those concessions, August, was assigning the reasons of this Government, is withdrawn. |
