The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-02

ied to the correspondence and the Procla
nation now laid before you; by virtue {
which, the Commerce between the tw
countries will be renewable after the tent
day OF June next
The language here is dree. as Ia the fac
stated. The fact is mentioned as being un
9uestionabiy ascer,ainc:!, as being discover
ed and known to the administration, altho
perhaps not to the great body OF the commu
nity, as being known alter examination. a
mode OF expression such as is observable il
the Message would be of strong import il
cases where persons are bound by oath OF
affirmation to declare the truth OF fact &C
cording to evidence. On reviewing The
statement communicated to Congress by tht
PRESIDENT, we extract this sentiment dis
tinctiy--it was found that the British so.
vernment had transmitted to their legation
here, provisional instructions to signify the
Willingness Of his Britannia Majesty to with
| draw MS orders in council, in the persua
sion that the Intercourse with O.. Britai,
would be renewed OH the part of the u. :
and the steps Of the British government led
10 the correspondence and proclamation laid
before Congress. Why should the expires
sions have been so direct and ex :ici. as T.
the provisional instructions and their import,
II no distinct authority was necessary ogive
validity to ihe provisional arrangement In
the proclamation, the hon. ID. NJ. Erskine,
his Britannia majesty's envoy extraordinary
and minister plenipotentiary, is stated TO
have made the specified declaration by the
order and in the name of his sovereign. If
the letter of credence were believed suiii-
Gent to enable the minister TO stipulate for
ms government, would the statement have
been made so distinctly mentioning the trans
united Instructions, the steps of the British
u
by the order of his sovereign, The Presi-
dent in the full belief of the statement would
OF course believe the arrangement to have
been validity concluded. But from that mes
sage OF The President, may not we justly de-
duce the Inference letter of crede' q, :
does not enable minister to make stipula
tons obligatory on the government from
which he is accredited
In retracing the history of our government.
the next authority refers us to the admins
tratiou OF President Jefferson. 1t is the case
OF an extraordinary mission comprehending
n minister having the character of plenipo
tentiary in ordinary. Messrs. Monroe and
Pinkney were appointed commissioners ex
traordinary and plenipo;entiaries fer nego
Grating arrangements with the British go
vernment; and as such they had letters of
c:edence from the United States. Yet they
also had iui powers in commission author
iSlnS them to treat severally as well as
jointly. This, according to my apprehen-
sion. sufficiently appears from a volume OF
state papers communicated by President
Jefferson to the tenth Congress, particularly
letter from Mr. Madison, Secretary of
State, TO Messrs. Monroe and Pinkney. 1t
is dated from the department of state the
l7th of May. 1906 Permit me, sir, to read
the first part of the letter Gentlemen
herewith enclose a commission and letters
OF credence, authorising you to treat with
the British government concerning the ma
rit'me wrongs which have been committed
and the regulation of commerce and naviga-
tion between the parties. Your authority is
made several as wei as joint, as pr DIVISION
for any contingency deprivimg either Of the
CO operation OF the other"
We Will no" reCur 40 the administrator
Of President dams, who was so well known
as diplomatic functionary in Europe. a
mong the state papers which he communi.
Gated to Congress, we may find instructive
documentary information relative to dipIo
matte credence and authority. Among those
papers is the letter Of credence for the ENJOYS
extraordinary to France according 10 full
form of diplomacy. These are the terms:
CREDEFCE
For d3cssrs. Pinkney, Marshall and Ger
ry, EnUoys 10 France.