The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-08-18
Martens says

IN the name and by the authority of the
sovereign po@er.-Any thing chat has been
promised by the chief, or his agent hey ond
the limits of the authority with which the
STAKE has entrusted him, is at most. no more
than simple promise (sponsio) which only
o5Iiges the person who promises. to use his
endeavors toprocure its ratification, without
binding the state, which of conrse, may
refuse its ratification. On the contrary,
every thing that has been stipulated by ain
agent IN conformity to his full powers.
ought to become obligatory for the state
from the moment of signing, without even
waiting for the ratification. However, not
to expose state to the errors of single
person. it is now become general maxim
that public conventions (but not a simple mi
iitary arrangement in time of wary do got
become obligatory till ratified. The motive
OF TINS custom Clearly pruves that the ratih-
ca'ion can never be refused with Justice, e:s-
cept when he who is charged with the nego-
cations, keeping within compass with res
pect to his public full! powers, has gone be-
You'd has secret Instructions, and conse-
qnently has rendered himself liable to pu-
nishment.~
The binding force then of the agreement
on Great Britain must depend on the instruc
tons given to Mr. Erskine. If those ins,ruc-
t'ons did not aGthorise the course pursued
ny MN, 1t instantly became the duty OF the
BRITISH government to do every thing in it's
Power to prove that no such authority was
gwen, " to shew i'll Particular in the Ian
guase OF Vattel, " that It's minister had
deviated from his instructions" Has this
been done! a solitary dispatch of old date,
has been published. Other instructions are
referred to on its face. Various letters must
nave passed between Mr.. Erskine and his
government. These documents essential to
a Clear understanding of the subject, and to
the shewing, TO the satisfaction of our 90
Serilment, that Mr.. Erskinc really tleviated
rom MS Instructions, are all suppressed
we repeat the question, why are thew
"Hnneid' out, because. il published, they
would give the whole affair different COM
pleXicn from that attempted to be stamped
apoa 1t by the note of the Esd of Jannaryf
Ohaer circumstances so extra ordinary as
those involved in the agreement, a govern
ment, anxious TO avoid inputations Hnfavo-
rable to its reputation, would not have hest
tated 10 make a frank and full disclosure Of
every thing. The objection 70 this arising
rom pending negotiation is altogether
iame, as the injury from such disclosure
would be Infinitely less than tine continuance
OF the obscurity. Besides if negotiation
DE stu pending, what serious Inconvenience
could be suffered by England, by such
disclosure! 1t could only expose the terms
"hich she was disposed to come to, under
particular circumstances. If those circum-
stances are altered, the obligation to compIv
with them no longer exists, and if thew re-
nam the same, a;nonest government would
NOT hesitate To comply with them
But, should 1t be admitted that the stipu
lations entered into by MIR. Erskine were
totally unauthorized, inasmuch as he was
possessed OF the full powers of minister
Oh the highest standing, and as the American
government had right to consider him as
acting strictly in obedience to the views Of
his government, there can be 10 doubt but
that government OH disavowing his act was
bound toindemnify those who had reposed
their confidence III 1t. Z" A nation," Saws a
writer on this head &" is bound in honor. and
by the principles OF justice and the duty Of
SELF respect, to see that those governments
who tieat with her accredited agents, shall
sustain no detriment by their mistakes Or
misconduct. This is so OBVIOUS, that we
ind 1t admitted even by Mr.. Canning him
sell on the face of the order of TIE Oath of
May. Letus examine whether this indem-
nifty has been made
by the agreement with Mr.. Erskine all
the British orders were stipulated to be re-
voked' SO as, IN the language OF the act OF
congress authorizing renewal of COM
merce, ito cease tOviolate the neutral COM
merce OF the United States'' Thus revok-
cd, the trade of America was free to any des
lihatlon, except to ports actually blockaded.
Livery other restriction upon it was depen-
dent upon our own laws, which of Course
we might enforce or relax at pleasure. By
the order of May Gath, American vessels
sailing from the United States to Holland.
between the 18th OF April and the goth of
July, are permitted to pursue their VOYAGE.
American vessels sailing from the United
states, during the same period for any other
permitted ports (under the orders of April.
we prcsnme,) which shall have changed
their destination and are proceeding to Hol-
iahd, shalt not be molested, unless informed
OF TINS order and warned not to proceed A.
lnercah vessels clearing after the 9th of
June tor Holland from ports, permitted by
the orders OF April 26th shall not be molest-
ed, unless advised of this order, or during
the periods fixed for constructive notice by
tae previous orders. American vessels may
clear out from Holland to any ports not de-
Ciafeu 10 De under the restriction of block
ade between the 9th Of June and the 1st of
July.
From these provisions, it appears thatthe
time, no less tnan the degree, OF the sus-
Pehsionot the order OF April, is extremely
limited and narrow. To extend an ADEQUATE
indemnity to our merchants, it was essen
tlai to have been liberal in both these res
poets.
with regard to time, as the order, disa-
VoWibS the arrangements, only reached this
country Oh the 21st July, and must have ia
Ken considerable time obe known through
out the United states, even taking the wild
est latitude allowed; a large number of YES
SeiS must nave Cleared out in violation Of it,