Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-23

CouCiuueG Nv thefr MINISTER'S IN tuclr
name. The full power is meiely com |
mission cum liberia. If this commission |
were TO have its full effect, IL should be
gwen with the utmost circumspectiou.-l
But,as princes can be constrained TO fulfil
their obligations only by force of arms.
the custom has arisen of relying upon
their treaties only after they have sane
toned and ratified them. Whatever the
minister has concluded remaining inetlec
fual until the ratification OF the Prince.
there is less danger in giving him full
power. But 10 refuse, NTH honor, 10 raiify
thai which has been concluded in virtue
OF fuil power, the sovereign must have
strong and solid reasons tor it, and pdrti-
cutoTiy he must shew that his minister
transcended his instructions. WAITED,
book .. chap. ~, l56.
Every thing that has been stipulated
by an agent, IN conformity 10 his full
powers. ought TO become obligatory, for
the state, from the moment of signing,
without ever waiting for the ratiiicatn II
However, not to expose a state TO the
errors OF single person, ii is now be-
come a general maxim, that public
conventions do not become obligatory
until ratified. The motive Of tins custom
clearly proves, that the ratification can
he who is charged with the negotiation,
keeping within the extent OF his public
fuli powers, has gone beyond his secret
Instructions, aud consequently rendered
himSeii liable To punishment, or when
The other party refuses TO rativ." Martens
summary, beck =, chapter 3.
But why should quotations be made, 10
! prove principle so familiar TO every man
III pnbiIc or private life, that what is pro
| missed IN ms name, by his authority, and
according 10 his directions, is as binding
IN honor and conscience, as it he bad
| pledged himself in person The oblga-
ton OF the king of Spain, therefore, in
honor and IN justice, TO ra,ify the treaty
signed by his minister, Is as perfect and
unqualified as his royal promise in the
| iuii power, and II gives 10 the United
| states the right, equally perfect, TO Gem
| pei the performance of that promise
IL Is well known To my government thai
| Inc spanish government cannot allege
| mat lis minister transcribed his secrci
instructions, or that the raiifcati0n of The
| U ,. has been refused, or that any unfair
| advantage was taken bv The ". States, in
the negocialion, or that Span wa moi veil
aware before hand, of The mii cxient Oi
The engagements contracted by M:. Onis
| III Is loo well known 10 be denied, thai
| The last instructions of Mr. Onis anfhO-
rlsed HIM to conCede much more than he
did. he government OF the Unlcd
| STATES, indeed, considered The generosity
and moderation OF The terms TO which
they bad acceded, as a pledge that they
would be received, as i'm the first instan e
they were received, by Ills Cainoh,
Majesty and his royal council, with aridt
and JOY. IL. from the unexpected extent
oil the sacrifices the United States made
Tor HE purpose OF Cancellation, the con-
| cluslon has been drawn, that their con-
cllIatory temper may be tritlcd with and
abused, II Is Just and proper that Span
should be ofiecIually undeceiyed. | am.
therefore, instructed further 10 inform,
your exceilency, thar, If the ratified covI
OF the treaty should not arrive in the IL.
States before tn, first day on which The
Congress of The United States meets. the
President wall lay before that BODY all the
transactions relating 10 the treaty, and
such measures will be adopted by the.
competent authority, as The exigency OF
~" cas- may require Whatever ma, be
determined upon, Spain will be RESPONSE
DIE 10 the United States for all damages
and ,Xpences which may arise from the
delay to ra,lfy, and from the measures TO
winch the United States NAV resort. TO
give eMcacy 10 their rights, and that for
The lndemnllies TO winch they will he
Justly entitled, by This violation of faith
by Spain, the u. S. will look to the territory
ives, OF Their present western boundary,
on The Gnlph OF Mexico.
io this proposal, made in the spirit of
moderation, OF generous forbearance, and
WIN The earnest desire Of sincere amity
| win SPAN, l am instructed TO require an
immediate, explicit and unequivocal re
| ply. Should this reply not be made
before The Tenth of The current month,
| give formal notice to your ExceIency
that the proposal will be considered az
rejected, and the proper communication
will be made 10 the President of the
United States.
renew to your Excelency, whom
may God preserve, the assurances of nv
distinguished consideration.
JOHN FORSYTH.
TTRAkSLATJuk.I