Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-08-22

vowed would be to sacrifice the rights
of the other party. The notion of a
special agent, therefore, includes in it
the right of STIMULATING every thing
comprehended in those powers which
he has exhibited to the other party for
their averment. Any thing that is
done within those powers by way Of
's'ipulation, he is obliged to fulfil tho
he may have given his agent instructi-
ons to the contrary.
The principles here laid down car
ry with them the additional sanction
of the municipal laws of most coun-
tries. An agent, attorney, or guardian
has authority to make all contracts and
stipulations falling under his powers
as agent, attorney or guardian. IF he
abuses his trust in acting contrary to
his instructions he is answerable to the
party by which he has been appointed,
who may punish him; but still his
acts are binding on his principal if
they do not violate his instrumentum
procuratorii, & unless there be evidence
Of some fraudulent connivance having
s,Ibsisted between him and the other
party.
Let us apply those principles to the
laws of nations. Al ambassador is
the agent of that portion of the sove-
reign authority in state, that posses
ses the treaty-making power. For
the sovereign power Of another state
is sufficient that he shall have exhi-
bited his credentials or letters of Gre
dence, which are evidence of his ap-
pointment: aud his full powerswhich
specify the degree Of authority wish
which he is vested. Every thing there
fore, that is stipulated with him in his
capacity of Ambassadors, and not ex-
ceeding the powers of attorney which
he has exhibited to the other contra :
ting party, bind his sovereign. And
any that he stipulates that is not either
expressly included within those pow
ers, or thar cannot be inferred from
them by obvious deduction of argu-
ment, he promises at his personal
risque and is subject to the rejection
or sanction of his own sovereign.
But stipulations of the latter kind are
merely of provisional and personal
nature the other contracting party in
the case of their rejection, has no
claim upon the faith of his nation it
is only upon the personal assurance OF
the Ambassador. BY a decree ofthe
Facial college at Rome, to whom it
belonged to decide on the laws OF ma
tons the minister who mad entered in
TO provisional agreement of hi, ma
ture, upon the refusal Off ratification
was to be delivered up to the other
contracting party with his hands bound
and his body naked. In their municipal
regulations, the case was not different
bv the civil law an action lay aglins
whomsoever contracted without au
thority: but if he was an authorize
agent, the principal was obligated
without his priyity to the TRANSACT
on. +
| Thus far we have applied to the
present question, only the suggestions
of common sense, but as the point Is
disputed upon the authorities of civil.
! lians and writers on the public law o
nations; this view of the subject also
merits our consideration.
| We will begin first with Grotius in hi
book of the rights of war, & peace, b
II. cap. XI n. IL. who treats express
ly of the question now before US
Whilst we translate the quotation WI
su5ioin the original for the inspection o
such as may entertain doubts of its fl
deity. " We are bound by a per
C son, if there he evidence of the in
tcntion by which we appointed him
such as a general or special instru
ment for that purpose. And in
general sense it may happen that a
agent NAV bind US by acting contra
"ry to our intention, which we hav
% made known to himself solely. Be
"cause acts of our intention may b.
adduced one by which we obligat
yourselves TO ratify whatsoever h
: " shall do in such business anothe
"by which we obligate him to us, not t
{" do any thing except according to tn
Y ..,k,,t, have ~ On II