The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-04

properly through the minister, whom his
majesty has directed to proceed to Ameri-
ca; nor or any sheciai mission (Which Mr..
Erskine was not authorized to promise, ex-
cent upon conditions not one of which he has
obtained j but as the successor of Mr.. Era.
kline whom his Majesty has lost not a mo.
ment in recalling
Such AT the first blush. as we'll as on mature
consideration, would be the construction by
every man OF Mr.. Us fozoers-what then is
our as,onishment, when in his next letter,
we see him giving new construction
and extension to his privileges: Be-
yond this point OF explanation which was
supposed to have been attained; but which
is now given to the present letter, in the form
understood to be most agreeable to the Ame-
rican government, my instructions are pro-
sPective; they look to substituting for noti-
ons of good understanding, erroneeusly en-.
tertained, practical stipulations on which a
real reconciliation of all differences may be
substantially founded; and they authorize
me not to renew proposals which have al
ready been declared here to be unacceptable
but to receive and discuss any proposal
made on the part of the United States, and
eventually to conclude convention between
the two countries. 1t is not of course inten
ded to call upon me to state as preliminary
to negotiation, what is the whole extent of
those Instructions; they must, as Ibavc be-
fore said, remain subject to my own discre
ton. until l am enabled to apply them to
the svertures which may have the honor of
receiving from you"
How much greater is our establishment.
when we find MIR. j., in still more peremp.
tory terms, subsequently giving the contra
tlictfon to his first assurances. The fellow
ing is from his letter of the 4th November:
am surprised at the transition, by
which it appears to Won, that this part of
the subject is connected with the authority
empowering me to negotiate with YOU 1t
Will not, ldare say, have escaped your re-
collection, that i informed you, at a very
early period OF our communications, that. in
addition to the usual Credental letter, his
majesty had been pleased to invest me with
full power, under the great seal of his king
dom, Tor the express purpose Of concluding a
treaty or convention. I we'll remember -FOUR
testiiyieg your satisfaction at the circum-
stance and Ihaue only nozv 10 add. that /
0hi 'cady. qchenever IL suits your conUeni
ence, foerchanse my juH fo7uer against
mar with 4uhich you shall be nrovidcd
for the Progress OF our negociahom."
From these citations. 1t is plain, thar Mr.
is statements of his powers are vague and
ambiguous. He deals in cquiveques-he
wraps himselfin the most mysterious mazes
OF diplomatic lore.-Since, therefore, his
expressions about the nature of his powers
are so indefinite and vague. would it not be
rational to look for the same ambiguity in
his statement Of the terms, which his no7,.
ers would permit him to entertain The So ne
want OF precision, indeeda& pervades this
branch of the subject-and therefore il
seems somewhat difficult To fix the precise
nature or the terms, which he was to de-
mand from our government. From his diff
ferent expressions, however, on this sub
Ject, as well as from the general tone and
course OF his negotiation, it is not Difficult,
TO see, that the three Conditions in the Dcs-
Patch OF January 23d, are not forgotten
and that no arrangement was likely to be
made, which did not formally recognize or
SUBSTANTIALLY. in some form or other, secure
the object OF these propositions
we shall take up the Correspondence in
our next, and show that such are the facks
Mr.. Dana quotes Grotius as justifvipe- the
dIsavowal of Mr.. Erskine's arrangemcnt-
How.does he reconcile this with Cirotius r.
) c. %. s.4. where he says, Here we mus,
repeat what we formerly said, viz that the
Sovereignis obliged by the act of his Agent
though he act contrary to his private in
stracticnsf' And in b. 2, C. IL. sill. I'm,
we may also be obliged by what another
man does, lift appears that we have de puted
ana empowered him to act for us either as
our Proxy in that particular, or by virtue @.
some general qualification; it may also hap
pen where the commission is to act in gene
raj. that the person so commissioned NAV
lay us under an obligation, tho he acts con-
frary TO orr SuiH, signi6ed to him by his Fri
gate instructions for here be two distinc,
acts OF the will, the one by which we bind
ourselves to ratify, whatever our Proxy shall
do IN such business; the other, whereby we
tellonr Proxy that he shall not act beyond
some private Instructions that are known to
him and no body else. This is to be Well OBJ
served in relation to those things which am
bassadors promise for their principals, who
by virtue ct their public powers and creden
na!s, do sometime exceed their secret or.
Slefs."
CORRESPONDENT.
TO TIE EDITOR OF THE ENQUIRER.
SIR,
L.