Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-06-22

he had no right to expect, and dla not eS
ne.t its confirmation by the Bris'si, 50
rerumeus auI fJr the following reasons
:, Reca.:se Mr.. -;Iadison knows that ;
minister plenipoteniiary, merely as such
received and accredited BY the goYe'hnen
70 which he is seat, has net, by virtue OF ~
general lette,. Of creten3c. any auihorit.
to enter into any treaty or agreement con
ta;.,ing stipulations to bind his na'ion.
2, i;ecausc Dir. Madison knows, tina
besides such IL letter OF credit. q minister
who lawfully enters into such !, treaty oi
agreement. must be furnished with fili
or special power for that purpose. IL
o;hei. words. a minister must have dHtio-
,ily to become a party to treaty o" a
rrscmcnt which Shall be binding Oh his
government.
;. Because he well knows that a foreign
miaistc" proposing to enter into such Sill
puiations ought 10 produce his iuil or spe-
cial power and If lie does not, that be-
fore a t"eaty or agreement be mact, it is
the right and Gnty Of the government TO
which the offer OF the treaty or agreement
is rendered, to demand rot only a Sight
but Tie delirery and possession OF the i'll
strument containing such powers. &c
eordingIy, the ministers OF two govern
mcnts who negotiate and form treaties
with each other, always e,rciMnSe their
powers, that each may have the coideHce
CT tie authority Of the ether to treat
But Mr.. Madison, III laying the ease Of
his arrangement or treaty with Mr.. Els
kline before Congress, after the British
government had disayoNed and refused to
confirm it, because made in direct co3.i'a-
GictiOn 10 his Instructions did at pre-
tcad that any such covers were exhibited
by OF required iron. NJ. Erskine. Mr..
Madison therefore cad no more, nay he
had less rig.L: 20 complain Of tina. disa-
yo~al than would an individual, who makes
q cont,.a". with the friend eli a third per-
son citing himself his attorney, but pro-
e!;Icin: no power or letter Of attorney for
the purpose, have against such third per-
son who should refuse to perform the con
tract made without his authority Or con
sent.
j. Because The part Of the special III
,tructions 20 iir. Ershine, acknowledged
to have been exhibited OIL the OCCASION,
contained three conditions on which an a
greement Tor the revocation Of the Or
ders in Council might be made. And all
these conditions Mr.. Madison had reject
ed.
;. Because the language i'll which the
agreement on TIE part Of MIR. Madison
was concluded, was so indec0rOus and Of
Gensive towards the British government as
to render its confirmation Ei,.,,lly improLa-
bic, If net impossible. And Mr.. Madi-
son must lie under one Of two Charge
either OF ignorance & the rules Of deco
run necessary to Sc observed in neSotia-
tons with foreign Sovernmcnt-an ig-
norance Which neither he nor any one
who knox him will admit-or that such
offensive language was studiously selected
il order 10 defeat the agreement, and rem
der its rejection by the British govern
ment certain. But the agreement had
produced most desirable effect favorable
to Dir. Madison and the reigpiDs party,
in the then pending elections in the great
state of New york-and a Ike favorable
effect on the people throughout the union !;
on whom. consequently, the rejection OF
the agreement would produce fresh and
strong resentments against Grcat-BrItain,
accused as its government would be, OF
breach OF faith. by its '.refusal to abide
by the act Of its minister plenipOtentiarg;"
rs Mir. Madison expressed himself in his
message Of Nov. 90. 1909, to Congress (:
thus disensenuously (and dissracefully to
person CT his knowledge On the subject
holding up the idea. that a " minister pie
nipoteutiary,' as such, had authority to
make treaty or agreement binding Oil
his government; the contrary TO which no
man knc rs better than ilr. Madison.
TIMOTHY PICKERING.
June is. 1871.
T'His orrrep s,,b;e-rsf 70 condemnation Cl