Portland gazette and Maine advertiser., 1810-01-29

TIcn IL crnt- inplated or fome partic
Uiar y II not deemed Of primary
mp ,rtA",e is to be arranged by agree
n-eld If yhere be miniiter already
n Ing with foreign government,
tie c is not always the fame f,rmal-
| with reipe6 TO the diAin6t au-
thority given to the minifter. In
flch cafe, a patent Of full power is
net made ont IN ample form but
the proper officer of fate dispatches
letter Of infraaion giving the dif.
tin6t authority necefary for the pro-
pofed negotiation Yet, whether
the minifer undertakes to negotiate
IN virtue of technical full power or
IN virtue Of letter Of intrusion, it
is proper 20 exhibit his diftina au-
thority before figning any arrange
mcnt of Populations, intended TO be
mutual lily obligatory on the REFLECTIVE
governments. He may fairly and
with perfect propriety be called up
on to exhibit fuch authority in cafes
where the terms are TO be expressly,
relerved fer the ratification Of his
own government. But if the terms
Encouragement are TO be deemed OBJ
ligatory and a6ee upon accordingly
as ioon as figned by the negotiators
and no ratification is relerved, it is
more peculiarly proper for the nego-
tiating miniiter to exhibit the official
evidence of his authority to enter in
70 Populations. If he does not ex-
hibit the evidence, it becomes the
incumbent duty of the other nego-
q ling party to call for it before the
cOnclulion of any fuch terms of en-
gaSement, or to refufe TO conclude
the terms until the evidence is exhib-
lied officially and the authority afccr-
famed TO be lufficient. In this cafe,
it the dittin6t authority be not offer
ed or called for and found adequate,
there is a miitake and of courfe
failure an duty on the part of the ad-
miniftration in concluding the en-
gagement; unlcfs indeed the tranf-
aetion may have been underfood at
the time as not warranted by regular
authority, but expected to be con6r-
med as an acceptable project. lex
prcls myiclf in thcfc terms, wifEipg
to be itrictly decorous in manner
and believing the general principle
corre6t-Whcn an administration
enters into engagements or ftipula-
tions with foreign minifter, to be
Immediately executed without refer |
walton, it is incumbent on the admin
lftration to require the official exhi-
bitiou of the diltind authority of the
mini!ter for making the Populations ;
and if the terms be concluded by
hgnature and delivery before the au-
thority has been exhibited and afcer-
taincd to be adequate there is a milf
take and of cour!e failure in duty on
the part Of the administration.
When therefore, gentlemen fpeak
of Mr.. Erlkine's having competent
powers to make the proviiional ar
rangement in April, they may be de-
fred to produce the regular evidence
of the fact. If the negotiation was
conducted according to the courfe of
diplomatick ufage and ftrid proprie-
ty, there is the regular evidence of
his being authorized to make the ar
rangement, and it can be produced.
1t he had a patent of full power, a
copy authenticated by the minilter
or a fecretary acting under him,
would doubtleis be conGdered pro-
per evidence to be depoGted with
the archives in manifestation Of the
authority Of the Britilh government
TO conclude the arrangement. If his
authority was contained in any letter
or letters of inftru6tion, the authen-
tick copy of fuch authority would,
with the like proPriety, be depoGted
IN the Department of State.
The language of a part of the
correspondence rcfPe6tiug Mr.. Err
fkine's authority ftems to be groun-
dcd in miitake. The administration
is fpoken of as not knowing the re-
friction of his authority. This lam
guage might have been accurate if he
had exhibited full power giving