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grafted upon the original project, but extending to that part of the original project itself, which had passed unchanged through the negotiation.

"The knowledge, that the constitution of the United States renders all their diplomatic compacts, liable to this sort of revision, undoubtedly precludes the possibility of taking exception at any particular instance, in which that revision is exercised, but the repetition of such instances does not serve to reconcile it to the practice and feelings of the other contracting party, whose solemn ratification is thus rendered of no avail, and whose concessions in negotiation, having been (as all such concessions must be understood to be made) conditional, are thus accepted as positive and absolute, while what may have been the stipulated price of those concessions is withdrawn.

"In the instance before us, the question is not merely of form. A substantial change is made in the treaty, and, as I have said, on a point originally proposed by yourself, sir, as the minister plenipotentiary, and understood to be proposed by the special direction of your government.

"The right of visiting vessels, suspected of slave trading, when extended alike to the West Indies and to the coast of America, implied an equality of vigilance, and did not necessarily imply the existence of grounds of suspicion on either side.

"The removal of this right, as to the coast of America and its continuance to the West Indies, cannot but appear to imply the existence, on one side, and not on the other, of a just ground, either of suspicion of misconduct, or apprehension of an abused authority.

"To such an inequality, leading to such an inference, his Majesty's government can never advise his Majesty to consent. It would have been rejected, if proposed in the course of negotiation. It can less be admitted as a new demand, after the conclusion of the treaty.

"With the exception of this proposed omission, there is nothing in the alterations, made by the Senate of the United States, in the treaty (better satisfied as his Majesty's government undoubtedly would have been, if they had not been made) which his Majesty's government would not rather agree to adopt, than suffer the hopes of good, to which this arrangement has given rise, to be disappointed."

To which we add one or two paragraphs from a letter of the American minister in reply.

"To give weight to this reasoning, it would seem an essential part of the facts, that the ratification, alluded to, had been transmitted to the United States, or, at least, that it was known to have taken place by the government of the United States, at the time, when the convention came under the consideration of the Senate. This, however, was not the case. That it had been ratified in Great Britain was neither known, or believed. It appears to have been an act, altogether voluntary, and, in no wise, referring to that, which was expected on the part of the United States. The argument, therefore, rests upon facts other than those, which were really applicable to the subject.

"While admitting, that the knowledge of those provisions of our constitution, which reserve to the Senate the right of revising all treaties with foreign powers, before they can obtain the force of law, precludes the possibility of taking exception to any particular instance, in which that revision is exercised, Mr. Canning urges, that this part of our system operates unfavourably upon the feelings of the other contracting party, whose solemn ratification, he says, 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, are thus accepted as positive and absolute, while what may have been the stipulated price of those concessions is withdrawn.

"It may be replied, that, in cases of a treaty, thus negotiated, the other contracting party, being under no obligation to ratify the compact, before it shall have been ascertained, whether and in what manner it has been disposed of in the United States, its ratification can in no case be rendered unavailing by the proceedings of the government of the United States upon the treaty. And that every government, contracting with the United States and with a full knowledge, that all their treaties, until sanctioned by the constitutional majority of their Senate are, and must be considered as merely inchoate and not consummated compacts, is entirely free to withhold its own ratification on their part. In the full powers of European governments to their ministers the sovereign usually promises to ratify that, which his minister shall conclude in his name, and yet, if the

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minister transcends his instructions, though not known to the other party, the sovereign is not held bound to ratify his engagements. Of this principle Great Britain has once availed herself in her negotiations with the United States. But the full powers of our ministers abroad are necessarily modified by the provisions of our constitution, and promise the ratification of treaties, signed by them, only in the event of their receiving the constitutional sanction of our own government."

But we are ready to admit, there is some ground for remonstrance. The convention, the American government finally refused to ratify, was actually and substantially proposed by them. The original draught, sent to Mr. Rush in June 1823, was, as he informs us in his letter of March 15, 1824, communicated verbatim, in the first conference on the subject, for the consideration of the British minister. Four alterations of detail were made in this instrument,-two of which the senate afterwards struck out; but the spirit, the principle of the original plan, was left untouched. The subject was a simple one ;-and had been much discussed ;the house of representatives had passed a resolution, by nearly a unanimous vote, requesting the executive to take measures to form conventions with foreign powers for the purpose of declaring the slave trade to be piracy,--the American government having declined to accede to the terms offered by the British, and being invited to propose a substitute, had sent a draught to the minister, which he was authorized to sign, when the British government should comply with one condition,--that is to say,-declare the slave trade piracy; and this was done.

We are bound to say, that, after these preliminary steps, expressions, indicating disappointment on the part of the foreign government, cannot be matter of surprise.

England transmitted to Mr. Addington, chargé ad interim, a verbatim copy of the original convention, ratified by the senate with the exception of the words, that exempted the waters of the American coast from the right of search, with full powers to conclude and sign. This was communicated to the government in November of the same year.

In answer to his note, Mr. Addington was informed in December 1824, that the President had determined to submit the whole subject to the consideration of Congress. This is the last official act of the government, concerning the slave trade. Though this negotiation, commenced with the best feelings in the world, and with the greatest promise of a successful issue, was very unexpectedly, and, we have no doubt to the disappointment of both parties, interrupted, the warmest assurances were given, that the earnestness of the two nations was unabated in this cause, and that they were still prepared to redeem the pledge, mutually and solemnly given in 1814 at Ghent.

If the slave trade was declared to be piracy, it only would be a necessary and consistent part of the system, that a pirate of this description, wherever, or in what manner found, should suffer the penalties, provided for the punishment of that offence. This is the broad principle of maritime law. But the convention between this country and England is in two very important details, at least, an obvious departure from the provisions of that code,-one limiting the number of vessels authorized to cruise,-and the second, prescribing, that the captured vessel shall be tried by the tribunals of its own country, not by those of the captor. Considerations, not easily obviated, having compelled the parties to withdraw the provision, that branded this odious crime with the infamous and fatal denomination of piracy on all seas, and the convention, itself, in important particulars, not having conformed to the strict rules, that usage has established in the treatment of this offence, there seems to be less objection, on the score either of principle, consistency or expediency, to limiting the operation of the instrument to such designated latitude and longitude, as shall produce an equality of jurisdiction. This arrangement would, however, be obnoxious to the general criticism, respecting the right of search, which, we believe, this government, though led somewhat hastily into unguarded stipulations on that subject, is not now, after a more mature consideration and thorough revision, prepared to surrender.

The abolition of the slave trade has been accomplished by gradual and extremely slow steps, and, at every step, difficulties arose, that appeared to arrest a farther progress. No evil, so extremely inveterate, so deep seated in the habits of an ignorant and barbarous people, acquainted, for nearly four centuries, with scarcely any other species of traffic, and maintaining no other intercourse with Europe and America, than by offering to the degraded and infamous part of their population, the disastrous allurements of a great and rapid profit, can be subdued, but by a most resolute and unwearied perseverance and the continued and renewed application of fresh and active remedies. If the United States, as a nation, were not literally the first to purify their flag from this abominable pollution, they are entitled to the full applause of an act, perhaps not so honourable, but in every way far more efficient. They began by declaring the trade piracy on board their own vessels,--following their example and at their suggestion, the British parliament have subjected the trade to similar penalties. We consider, therefore, the axe to be laid at the root of this evil, and that the proper application of a naval force, assisted by the establishment of European settlements along the coast, will gradually and finally extirpate it. How much such a process will be advantageous to British commerce, whose colonies are already numerous in that quarter, is not a consideration, that ought, for a moment, to retard the progress of the system. We can look on the colonies, already founded there, but as the first planting of the seeds of civilization, which, in process of time, will creep along the whole African shore, both on the Atlantic and the Mediterranean, and restore some portion, at least, of a continent, so celebrated in antiquity, to regular industry and established government. In a border of civilized states will consist an effectual barrier against, both the slave trader and the Barbary corsair.

We have only to remark, that in the ratification of the abolition slave trade convention in the senate, we have not been able to perceive the slightest indications of local influ

ence.

The opinions of the members do not appear to have

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