The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-02
ar. Dana's sheecA concluded.

(Nfr. Dana's sheech concluded.
Where some temporary stipulation is con
tempiated or some particular affair not
deemed OF primary Importance is to be ar
ranged by agreement; ii there be minister
already residing with the foreign govern
ment, there is not always the So me formal
~ with respect to the distinct authority ri
ven to the minister. In such case, a patent
of full power is not made out in ample form /;
but the proper officer of state dispatches a
letter of instruction giving IT, distinct au.
thority necessary for the proposed nesocia-
ton. Yet. whether the minister undertake.
to negnciate in virtue OF technical full pow
er, OF in virtueo OF a letter of instruction, it
is proper to exhibit his distinct authority be-
fore signing any arrangement of stipulations,
intended to be mutually obligatory OIL the
respective governments. He may fairly, and
with perfect proprlety, be called upon to
exhibit such authority in cases where the
terms are to be expressly reserved for the
ratification of his own government. But if
the terms of engagement are TO be deemed
obligatory and acted upon accordingly, as
soon as signed by the negociators ard no
ratification IS reserved, it is more pecu-
Marty proper for the negotiating minister
TO exhibit the official evidence of his autho-
rity to>enter into stipulations. If he dees not
exhibit the evidence, il becomes the incum
bent duty of the ether negotiating party to
call for it before the conclusion of any such
terms OF engagement, or to refuse to con-
Guide the terms until the evidence is exhi-
hitcd officially and the authority ascertain
ed TO be sufficient. In this case, if the dis.
tinct authority be not offered or called for
and !oHrd adequate, there IS u mistake and
OF Course Il failure in duty on the part of the
administration III concluding the engage
ment; unless indeed the transaction may
have been understood at the time as not
warranted by regular authority, but expect
ed 20 be confirmed as an acceptable pro
jcct. l express myself in these terms. wish
ing 70 be strictly decorous in manner and
believing the general principle correct.-
When an administration enters inco engage
ments or stipulations with Il foreign minis
ter, to be Immediately executed without
any reservation, it is incumbent on the ad
minstration to require the official exhibit
on OF the distinct authority of the minister
Tor making the stipulations; and if the
terms be concluded by signature and delive-
ny before the authority has been exhibited
and ascertained to be adequate, there is a
mistake and OF course failure in duty on
the par of tie administration.
When, therefore, gentlemen speak of Mr..
Erskine's having competent powerst to make
tie provisional arrangement in April. they
may be desired TO produce the regular eyi,
dence OF the fact. IL the negotiation was
conducted according to the Course of diplo-
plomhtic usage and strict propriety, there
is the regular evidence OF his being autho-
rised to make the arrangement, and it can
be produced. If he had patent of fail
power, a copy authenticated by the minis
fsr nt' a Csc tar . 4
doubtless te considered proper evidence To
be deposited win the archives IN manifes
ation o! the authority of the British govern
mcnt TO conclude the arrangement IF his
authociiy was contained in ANY letter or let
ter5 of instruction the an'hentic COPY OF
such Authority would, WIKI the like yro.
grie'y, be deposited ~ the Dcpartmenc 81
S;Ite.
The language of part Of the ceres
"OnGenca respecting Mr. rrsSine's authorj.
~, seems 90 ~" groGnhed in mistake. The
standardization is spei.en OF as not Knowing
the restriction of his authority. TINS Ian.
guage lui,ht ave baca &C .lraie, if he had
exhibited tuil p,~er giving D autnority
20 ncg5cia.e and Conclude stipuiations: BE
cause iH .ae case Of fuii Uowcr crnbracip.
the wnOis subject % SO gociation, the minis
ter might be restricted H. the exercise o
his power by orders from his government
mstsncting him how to proceed and on what
he inignt concince. AID when he has re.
Sdctive instrucUops for his own direction
AMI fall power 60 bc exhibited 20 the gov.
erna'c0' villa which the ncgncittion is haA
q nc departs frofn TAG INSTRUCTIONS. his orr
IB"vcrnme:', . 'with,tandbg the forma
pleHiiudc o. NJ lcwcr, is considered as no
bound tofatiiy hts acts, especially ii he ha.
ecP"rssa glom ~ DISTRACTIONS on subjec