The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-30
mo. r..

kingdom, and Russia had not taken ra,-
under the Great Peter among the civilized
powers OF Europe. From the nature of The
aHairs and the great number of public men
from diterent portions of Europe, the IA
nous Congress in Westphalia after the pub.
ncation OF Grotius had attained high distipc
ton, served to make known and establish
Extensively the principles constituting the
public rules Of intercourse among the w.
vernments OF the christian world.
We are now called upon to pronounce
| respectinga question, depending on those.
rules OF intercourse as recognized and illus
trated by national usage. What is the prin-
clplc, that protects and sustains in full in mu-
NIFTY the ministers of the Um cd States
IN Britain. in F:ahce, in Russia, or in any
part OF the civilized world? 1t the res.
pect due to those rules. a respect which the
various governments. of whatever form, have
concurred in manifesting aud enforcing.-
Nor can we claim to hold a course in djplo-
macy Incompatible with such national usage.
unless we strike ourselves out of the general
pale of Christcndom.
This question therefore is to be Consider
Ell not merely as an abstract discussion; but
we nave now to enquire, what j, letter Of
credence according to the public law and
diplomatic usage OF Europef Is it an au-
thority Tor STIMULATING any thing to be done
on the part OF he government. sending the
minister If the, request to know the
proof According to my apprehension, it is
not /; and desire gentlemen to enlirhten
me on this point if err. If this opinion be
erroneous Should hope it might be made
evident with respect to myself, that l may
not continue in error From whatever source
there can be derived any aid to ascertain the
true principle, it gentlemen honored by cs
peciai confidence respecting affairs Of tate.
II any OF the law officers or even me ubers
OF the cabinet. would be pleased to CEN
tribute to the stock of legislative informant
en-, solicit the correction Of any error, in
aeed err, on this topic.
with these sentiments, de not PROFOUND
tor discussion any question respecting he
negative knowledge OF the administrator
do not enquire, whether the Executive al
inihistratiou of the U. States had kna,y
ledge that M E'skine had not combetent
powers, or had knowledge that he " AS not
Instructed to accede to the provisional sr
rangement between him and he administra
ioh In April. The Question is. did the adj,
l''ihistFation know that MIR. Erskine had the
nI,eessafy authority ! he question is nor,
what was the ignorance, but what was the
knowledge OF administration Was Mr..
i,rskine known to have any power for max
ing that arrangement?
fermt me now, sir, to state what an.
oerstand to be a letter Of credence. 1t g,
letter OF state addressed to the government
10 winch minister is sent, and it is ex.
pressive OF the character and grade of diDlo.
macy with which he is invested r. the mi
MISTER be received. he must be received &C
coroihg to the letter of credence and not a.
therWise
Inns is so much the established Course
that where minister remaining at any gov
ernment IS promoted 10 a higher grade Of
diplomacy, he presents letters of recall as tn
.ne lower grade and OF credencc as to the
nisher grade in which he is to be received
lie authority which a minister has in vir.
tue OF letter Of credcnce is not to makenro
misses FOR his government. He NAV aeciare
facts he may present Complaints and re-
mohStrances; he may exhibit his Powers of
argument; he may discuss topics of great
interest, but he Cannot stipulate for any
thing tobe done as obligatory on his govern
ment. For this purpose the minister must
nave distinct authority. This I under.
stane to be the general usage, not however
without exception. The exception has been
made with respect to nuncio or lepatin,
from the Pope, whose letter of credence vas
so framed as to include the necessary an
thorlty to negpciate conclude arrange.
ments This authority was added to the
necessary clause of letter of credenca
and The essentials of two diplomatic docu'
hents were comprehended liz one. But the
mere letter OF sredence gives no such Am.
thority. In support of these positions
would refer gentlemen to writers on publ;c
law whom presume they will admit to he
Correct on this topic-Martens, VatteJ
Wicquefort; writer's of authority certainIv
as 10 the ksoWn diplomatic usage i'm Eurone
Others perhaps might have been named if
mad found opportunity in this place to con.
suit all the writer's worthy of attention.
IL may now be proper to state what con.
sider to be the full power. which expres.
sion IS almost technically appropriate in di
plomatIc language. 1t is a document not
addressed to the government to which a mi
MISTER is sent. Il in the nature of an Omen
letter addressed to mankind in general. and
committing to the minister bearing il the
necessary authority to negotiate and eventu-.
ally TO conclude terms of agreement resnec-.
ting the subject or subjects therein mention.
ed Ii is IA public commission expreSsina
the powers to be exercised, a document %
ample form. letter patent, a public act
authenticated under the seal of government.
And this the minister exhibits in manifesta.
tion OF his being fully empowered to nep,ri.
ate and stipulae on the part Of his GOVERN
mebt. The fu!l powers are especially nro-
per III the more solemn agreements. and In
cases Of formal treaty between independent
Ha ions.
(6fr. Dsna's Speech 10 be continued
FRIDAY, December %
Mr. honp obtained leave Of absence for Iva