Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-21

NhdVt, SNhtiuH tudt Tie fdNncdItOn Oh
Span, with the explicit understanding
on her part. ,hs, the alleged grants TO
the Duke Of Alason, Count Punou Rostro,
and Mr.. Vargas, aud all others which
may have been made under the same
circumstances, are, by the 9Th article OF
The treaty, null and void, and will be SD
held 10y The u. States, will be accepted
as valid ; and that you are authorised
10 receive the Spanish ratification III ex-
change Tor that of the United States, tho
after the lapse of the stipulated SIN
months provided the exchange shall be
immediate, aud In sach time that you can
despatch he ratified treaty by the Mes
| seng-r who will the bearer Of this, in
season TO arrive here before The meeting
of Congress ON The first Monday in Dec.
that, if the ratified treaty should not ar
rive here at that time, full coHmunica
lion will be- made by the President To
Congress, of all tue transactions relating
| To the treaty, and snch measures will be
| ainpted by that body as they shall think
required by the exigency Of the case, that
| whatever their determination may be, the
Spanish government will be responsible
10 the U. States Tor all damages and ex-
prnscs which may arise from lie delay or
refusal ct Spain 10 Taiily, and from The
| measures TO which the L. States may
resort, TO give efficacy TO their rights; and
| that, for the ind-mnities In which they
wi he justly entitled, for this violation OF
faith by Spain, the u. States will look To
the territory west Of the Sabine river.
The only reason assigned by the Minis
ter OF State, adj interim. Salmon, tor the
pos,ponement of the Spanish ratification,
was the determination Of ia" KING, found.
ed upon the great importance of tho
! treaty, to act upon IL wiilful deliberation.
| This may have heen sufficient TO Justify
delay within the period stipulated by the
ireaty-but alter the expiration of That
period, can no longer be alleged. Delay
beyond that period will he breach of
faith {; for the treaty, in all its paris, from
| The moment OF its signature by Mr.. Onis,
and the ratification Of the United States,
was as binding upon the honor and good
faith of the Spanish king and naiion, as il
would be after the ratification. Ii is
scarcely suPposable that SPAN will con.
test this position, or that il should be ne
| cessary 10 present IL TO her view in the
following terms, of The full power of Mr..
On's, the original OF which, signed by the
| King Ut Spain, was delivered 10 me before
the signature If the treaty. The words of
his Catholic Majesty are, after auihoris-
ing Mr.. Onis to treat, negotiate, and
conclude a treaty, whereby past differen.
| ces may be adjusted and a firm and
lasting peace established brtween the
two Governments-oble ourselves as
we do hereby oblige ourselves sndspro-
mise, on the word and faith of king, 10
approve, ratity aud fulfil, and 10 cause TO
be invloiabiy observed ana fulfilled,
| whatSoever may De stipulated md signed bu
yo"-lo which intent aud purpose, grant
you all authority and full power, in the
most ample form, thereby as OF RIGHT re-
CURED Ii language so explicit and
unqualified we're, in regard TO lis import.
susceptible of any doubt, founded on the
usage which requires the ratification of
the sovereign, for the full consummaiion
Ola treaty, there is nothing dubious or
uncertain IN the extent of obligation rest
ing upon him by The signature of his Min
lsier vested with such full power. The
following passages, from Vaitel and Mar.
tens, are decisive authorities npOn the
| principle /:
SOvereigns treat together by the a.
gency of their attorneys or manda,.ri,s $.
clothed with sufficient powers they are
commonly called PieDipofentiaries. All
the rules OF the law of nature, concern
| ing things performed by commission, are
here applicable. The rights of lIIe agent
are dehntd- by the authority given him.
From tins he must not drpari---but what-
eper he promises. iuitkin the farms Of his COM
mission, and according to the erfent of his
powers, IS binding upon his constituent
e." Al this time, to avoid all danger and
difficulty, Prin, rs reserve TO themselves
The right OF raiifying that which has been
| concluded by their minister, i'm their
name. The full power IL merely a COM
mission, cum liberia. II this commission
were 10 have lis full effect, il should be
| given with the utmost circumspection.
| But, as Princes can be constrained to
fulfil their obligations only by force of
| arms, the custom has arisen of reIying
| upon their treaties only after they have
sanctioned and ratified them. Whatever
the minister has concluded, remaining in
efeciuai until the ratification of the
| FRINGE, there Is less danger of giving him
a full power. But 10 refuse, with honour.
| TO railiy that which has been concluded
in virtue of a full power, the sovereign
| must have strong aud solid reasons for u
--and particularly lie must She,o that his min
| 'Ster trGtScerded tits instructions "--VatteI.
Book 2, chap 10 1876
Every thing that has been stipulated
| by an agent, III conformity 10 his full
| powers, ought TO become obligatory for
The state from the moment of signing.
| without even waiting Tor the ratification.
However, not 10 expose ~ state to the
errors OF single person, il is now be
come general maxim, that public con
veniions do not become obligatory till
| ra'i6ed.-The motive of this custom
clearly proves that the ratification can
never be refused with justice, except
when lie who is charged with the urgo-
ciation, keeping within compass with re-
spect to his public full powers, has gone
beyond his secret Instructions, and con