Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1810-01-29

duct of the Northumberland.
With thefc fcntiments, do not
PROFOUND for d.lculiisn any queltion
rcfpeaing the negative knowledge
of the administration. do no. IN
quire, whether the Executive adj
minfitration OF the United States had
a knowledge that Mr.. Erikine had
not competent powers, or had a
knowledge that he was not initruc-
ted TO acceds to the proviGonai ar
rangement between him and the ad-
miniitration in April. The queltion
is, did the Naturalization know that
Mr.. Erfkine had the neceHary author
ityl The queitiun is not, what was
the ignorance, bur what was tue
knowledge Of administration ? Was
Mr.. Er1kine known to have any
power for making that arrangement.
Permit me now, Fir, TO fate what
| underitand to be letter Of Gre
dencc. 1t is a letter of fate addref-
fed to the government to which a
minilter is fent, and 1t is expreiIiye
of the character and grade Of dIplo-
macy with which he is invefed if
the miniiter be received, he mutt be
received according to the letter Of
credence and nor otherwife This is
70 much the eftablilhed courfe, that
where miniiter remaining at any
government is promoted to higher
grade of diplomacy, he prefests let
tiers of recall as to the. lower grade
and Of crederce as to the higher
grade in which he is to be received.
The authority which minifter had
in virtue of letter of credence is
not to make promites for his govern
ment. He may declare facts he
may preient complaints and ren.on-
Frances he may exhibit his powers
OF argument be may difcufs top
icks of great interef, but he cam
not ftipulate for anything TO be done
as obligatory on his government. For
this Purpofe, the minifter mult have
diftin6 authority. This undcraand
to be the general ufage, not however
without exception has been made
with refped to nuncio or legation
from the Pope whole letter of cre-
dence was 70 framed as to include
the necefary authority to negotiate
or conclude arrangements. This
authority was added 10 the nece6ary
claufes Of a letter Of credence, and
the efentials of two dipiomatick doc.
uments were comprehended in one.
But the mere letter Of credcnce
gives no fuch authority. In fupport
of theie petitions, | would refer gem
tlemen to writers OH publck law
whom prefume they will admit 70
be correct or this toPick-Martens,
Vattel Wicguefort writers of au-
thority certainly as to the known Dip
lomatick ufage in Europe. Others
perhaps might have been named, fl
had found opportunity 10 this place
to confult all the writer's worthy Of
attention.
1t may now be proper to fate
what | couGder TO be the full power,
which expreHion IS almof technical
ly appropriate in dipLsnatick lam
guagc. 1t is document not addrtfI.-
ed to the government to which
miniRer is fcnt. II is in the nature
of an open letter addreiied to man
kind in general, and committing 20
the miniter bearing it the neceIlary
authority to negotiate and eventually
conclude terms Of agreement relpec-
ting the fubjett or fubjetts therein
mentioned 1t is a publick commit
iion expecting the powers to be ex.
ercifrd, a document Of ample form,
letter pateut, a pubick act authentic
Gated under the zeal Of government.
And this the miniiter exhibits in
of his being fully en-
powered 70 negotiate and itipulate
On the pait of his government. The
sll powers are Especially proper in
the more folemn agreements, and in
cafes of formal treaty between lude.
pendent nations.