The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1819-12-29

ihSu "SsS III iSbaTu 10 us import SuSCcp-'
tible OF any doobt, founded on the usage
which requires the ratification ofthc SOW
ereign, for the full consummation of a
treaty, there is nothing dubious or uncer-
tain in the extent ol obligations resting
upon him by the signature Of his Minis
ter vested with such full power. The
passages rom Vattel and Martens are
decisive authorities upon the principle:
Sovereigns treat together by the a.
gency OF their attorneys or mandatories,
clothed with sufficient powers they are
commonly called Plenipo;entiaries. All
the rules of the law OF nature, concerning
shings performed BY commission, are
here applicable. The rights of the agent
are defined by the authority given him.
From this he must not depart bu, qvhds-
ever he promises, sbithin tie terms o. his
COMMISSION, and according 10 the exqene
oihis tosrers, is binding upon his con-
stituerf."
.At this time, to avoid all danger and
difficulty, Princes reserve to themselves
the right of ra,iI,ing tina, which has beer
concluded by their minister, in their
name. The full power is merely a com.
mission cum hbera. II this commissioli
were to have It's full effect, it should be
given with the utmost circunsspection.,
But. as Princes can be constrained To-
fulfil their obligations only by force cf
arms, the custom has arisen Of relying
upon their treaties only after they have
sanctioned and ratified them. Whatev-
er the Minister has concluded, remain.
ing Intellectual until the ratification of the
Prince, there is no less danger OF giving
him full power But to refuse, with
honor, to ratify that which has been corr
cluded in virtue Of a full power, the SOW.
creign must have strong and solid rca.
sons for il; and particularly he musf
shequ fhaf his minister ransecnlea his
instructions. "--Vsttel, Book z, chap.
I2.s 80.
Every thing that has been s,ipula.
ted by an agent, in conformity to his
full powers, ought to become obligatory
for the state from the moment oi signing,
without even waiting for the ratifca,lo.
However, not To expose state to the er-
rors Of single person, IT is now become
general maxim that public 'conven-
lions do not become obligatory till rati.
fed. The motive oi this custom clear
ly proves, that the ratification can never
be refused with justice, except when ne
who is charged with the negotiation,
keeping within compass with respect 10
his public full powers, has gone beyond
his secret instructions, and consequently
has rendered himself liable topunishment
ofwhich the other party refuses to rati-
ify ."--Martcns' Summary, Book g,
chap. u.s.. Q. & $3.50
The obligation Of the King of Spain,
therefore, in honor and in Justice, to rat.
lily the treaty signed by his Minister, il
as perfect and unqualified as his royal
promise in the full power; and it gives
to the United States the right equally
perfect to compel the performance of thaf
promise. s
Should IT be suggested that the United
States themselves have OH more, than one
occasion withheld or annexed conditions
to the ratification of treaties signed by
their Plenipotentiaries IN Europe. il will
readily recur to you, th,t by the nature
of our constitution, the full powers of our
ministers never are or can be unlimi,ld;
that whatever they conclude must be, and
by the other contracting party is always
known and understood to Ike, subject 10
the dcliberation and determination of the
Senate, to whose consideration it must
lie submitted before its ratification that
our full powers never contain the solemn
promise of the nation to raiify whatever
the Minister shall conclude, but reserve
expressly, not only the usual right Of rat
ification, but the constitutional privilege
Of the Senate to give or withhold their
assent to the ratification, without which
assent by a majority OF two-tMrds OF the