The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-20

btStiatC vi OfS country tOtt.e EXECUTIVE MA
gistrate OF another country. 1t contains the
name end quality OF the minister who bears
liz, and is always presented in person-after
mentioning the name and quality Of ths mi
mister. 1t proceeds tn state
1--WE therefore desire, that you will give
favorable reception to our said minister
lplcnipotentiary, and that YOU will give en-
tire credencs to whatever he may represent
TO you in our name
letter of credence, being under the sig
nature of the head of the govc,nnysnt and
seal of the nation. and OF Course patent to
the government receiving in, is equivalent to
commission in any Other form whatever.
The only difference between 2 full power
(uniess limited 60 a special object aud ge
neral letter ofcredence, consists in this
The full power gives right to make s,i-
pulatons on all subjects.
The letter of crCdence, on such subjects
as Come properly within the range OF the
general powers of the minister resident.
The full power is signed by the head Of
the government, and being under the seal of
the nation. is Of course patent.
The letter of Credencc is also under The
signature of the head of the government
! and seal of the nation, and of course pa
tent.
minister acting under .1uu power and
instructions, presents to the government on
ly the full power
n minister acting under letter Of ere.
dence and Instructions. presents only his let
ter OF credence 70 the government
The instructions in both cases belon. ex
clusively to the minister and cannot be de
manded. They Contain, tcusc tie Language
OF Vattel, the masters secret. The only
question therefore seems TO be whether the
subjects arranged by MIR. Erskine. viz. the
Chesapeake and orders in council come fair
ly within the range Of the powers OF e. resi-
dent pienipo,cntiary.
The powers of a resident minister plcni-
poten,iary are no where precisely defined
and consequently there is no precise de
narration between :hc cases falling within
his powers and those requiring e special
plenipotentiary cOmmissiAD. Usage reason
ana common sense, must trace the distnc-
uon. In gcperal-occurrcnccs Of o transito-
ry character are settled by the resident
liunctionary. Transactions and agreements
operating like treaties Of peace, commerce,
alliance, &c. either on account of their per.
m.nent character or peculiar magnitude.
are the work OF plenipotentiaries specially
commissioned.
Mr., Rose for the adjustment Of the affair
OF the Chesapeake brought only letter Of
credence under the hand and seal of his So
lVereign. The despatch OF Mr. Canning to
Mr. Erskine of the Esd of January is not a
pjuH hozrer in the legal sense of the terms,
being neither signed or sealed like full
pawer or addressed to the proper authority.
iiad MIR. Erskine therefore shewn the IN
strncuons. the authority of them would
have rested not On their intrinsic character,
but on the letter of credence winch required
faith TO De put in his word. Ii is admitted
that Mr. Erskinc had authority to adjust
| tht. al ir pft he
only that he violated his instructions Yet
Ii is certain he had no extra commission
nor is it pretended that in that case he i.d
any instructions, even which he was sutho.
rlsed TO communicate. His authority there
lore was IN his letter of credencc The
! proposals of our minister Mr. Pnkncv in
London, on the subject OF the embargo and
orders in council, although they contempia-
ted repsal of both, we're not objected to
tor want OF power, yet he had no commissi
en- except his letter of credence. The in,
struchons OF MIR. Erskine contemplated
repeal of the prohibitory acts on both sides,
although tits not pretended that lie lad any
other commission but his general letter of
credencc. English history furnishes pre-
cedent in point, which shews that a G.H
hosve'' is not necessary to arrangements pre-
iiminary to a treaty. The case in question
is the declaration and counter declaration
exchanged at Madrid The 2Ah of JaIy, 1880.
between the Spanish minister count Florida
| Blanca and the British ambassador Al
| layne FitsheTbert. In that case there was
no fail power, the PHRASE used is being
thereto duly authorised" This declaration
and counter declaration were sgoed In vir.
tue of general letter of credeuce, by Mr..
fitzherbert, who was minister pleniputln-
tary from Great B.itain to. the Catholic
king, but when in consequence cf this prell.
| ininnry arrangement treaty was entered
into on the 2Sth of October of the same wear,
the phrase is altered, as after req ting coun,
Florida Blanca's ard Mr.. Fitzherbert's APP
pointments to conclude the treaty, it says,
who alter having communicated to each
other their respective full powers"-vd. An:
Reg. 1870. p 800. On this and the other
point the cailng,for the exhibition Of instruc-
tions as preliminary to negotiation, beg
leave toread the following authorities
The ambassador after he has presented
his letters of credence (says Wicguefort
folio ed. p. 1922 and had them approved,
ought to enjoy the effect thereof purely and
simply and has no further occasion to fortify
or au.horise his negotiation by producing O.
Their Instruments"
Instructions (says Wicquefort) are a
secret instrument which the ambassador i.
not obliged to communicate to the court
where he negociates. Nay, dare affirm
| that he ought not to produce it, without a
| necessity and express order. IN the year
1860 queen Elizabeth sent Into Scotland Ro.
bert Bowes, with orders to make pressing
Instances to have the Duke OF Lenox lie
moved from the Kings person, who was at
that time very young Those Of the council
| OF Scotland said that IL Tyas SO severe and