Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-12-29

s)b his. gas SIJiltir W.
r,,;r,ister must have distinct ausnlority.
IhisI und crstand to be the general usage,
Snf,t however wiinout exception. me ex- !.
,,..,,t ION has been made with respect to
3, nc, & ser legation from the Pope, whose
I.tters Of credence was SO framed as TO IN
elude the necessary authority 70 negoclatc
or conclude arrangements. his ausno:isy
was added TO the necessary clauses ora let
ter. of credence, and the essentials OF TWO.
diplomatic documents were cemprehended
in.one.s But the mere letter OF @credence
Gives no such authority. In support OF these
positions, Il would refer gentlemen 70 wri-
tiers on public law whom ! presume they
VIII admit tc be correction this topic NJ "a ar
ts,s, Nauel, Wicsaefort writer's OF au-
1horitv certainly as to the knoWn diplomat
&c usage in4Euope. Others perhaps might
have been yamed, if I had found oPp',rtu-'
nifty in this place to consult all the writers
worthy of.attenibr.
Il may now benroperc' statewhata con-
slider to be the full power, which expression
is almoseJechnically appropriate 'nd'ploma'
tic language. 1t is a document not ad-
dressed to the government, to which q MI
Mister is sent. It is in the nature OF an oP:n
letter addressed to mankind in general, aad
committing to the minister bearing It the
necessary authority to negotiate and even
tuallv conclude terms OF agreement respect
ing the subject or subjects therein mention
ed. Its public commission expressing
the powers to Be exercised, document OF
ample form, letter patent, public ACT,
authenticated under the seal Of government.
Ard this the ministe exhibits in manifest
alton of hrs being faly empowered 10 nego-
cfate and stipulate on the part OF ms 90
vernment. The full powera are especially
proper in the more solemn Agreements, aad
in cases Of formal treaty between lnd"Pend-
ent nations. as
Where some temporary stipulation is
cons.m slated or some particular affair not
deemed Of primary Importance is TO De ar"
ranged by agreement; if there De MINIS
ter already residing with the foreign 60
vernment, there is not always the same tor
II. ality with respect to the distinct authority
given to the minister. In such case pa
tent of full power is no. made out ~ ample
form but the proper otliccr of state dis,
patches letter of instruction giving the
distinct authority necessary for the rropos-
~ "1goc1atio". Yet, whether the minister
undertakes to negotiate in virtue OF tech.
nicle full power or in virtue OF letter OF
instruction, it is proper to exhibit his dis.
tincs authority before signing any arrange
ment of s;ipula,ions, intended to be mutual
ly obligatory on tn. respective governments.
He may fairly and with perfect proPriety be
called upon to exhibit such authority IN
cases where the terms ave 10 be expressly
reserved for the ratification OF his own go
vernmcnt. But fthe terms engagement
are to be deemed obligatory and acted upon
accortliasl5 as DON as signed by the n. g. CT
ators and no ratification IS reserved, it is
more psculiar!y proper for the negotiating
minister to exhibit the official evidence OF
his authority TO enter into s,lpulai'ons. 1t
he does not exhibit the evidence, 1t be.
comes the incumbent duty of the other ne
gociating party to call for it before the con-
clusion Of any such terms of agreement, or
to refuse to conclude the terms ofit until
the evidence is exhibited officially and the
authority ascertained To be sufficient. In
this case if the distinct authority he not OF
fered or called for and found adequate,
there is mistake and of course failure
in duty on the part of the administra-
ton in concluding the engagement |; I'M
less indeed the transaction may have
been understood at the time as not war
ranted by regular authority, but expect
ed to be confirmed as An acceptable pro-
jeet. express myself in these terms, wish
,ing to be strictly decorous in manner and
believing the general principle correct
When an administration enters into engage
meu.s or stipu!ations with foreign minis