Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-06-15
Mr.. BENJAMIN and the Consular Question.

N eal foreign relatols Whether this paper will ever
reach the destination that Mr. Benjamin, in admirable
imitation of the language AMI manner Of Secretaries net
so called in its last paragraph assigns it, nay, not
irratonaly, be doubed-as it is knovn that many
h aro Earl Russell had exhibited such rule inFa-
fence and baueur at the Efforts Of Mr. Mason to keep
mn communication with him, that Mr. NJ considered it
due 70 his own personal character 10 ask 70 Be relieved
IRON his notifying situation.
But should its fac be otherwise, we can imagine
hing Of the surprise with which it will be glanced
over BY the sharp eyes in the British Foreign Office
What for example, vii be thought of Mr., Berjamirs
assertion ,kot Qualification, That &" An act doe by
an agent, while duly authorized, continues TO bind the
principal after the revocation Of the agents authority
Has not Mr. BeDjamns reading Of Law taught him tha
al act done by either principal agent may become IL
valid imperative and Of no effect from the failure q
ne eonsI ration that induced its performance? Does
he lot know that the treaty stipuatOns and underak
inrs of governments well the private obligations
and contracts Of individuals cease to be binding when
the conditions on which they based and the con-
alterations for which they entered into cease to be
obseryeay This prime pie and doctrine Of law is just
broad lust as distinct and just obligatory as that az
serted by Mr. Benz amin. In fact the adheres to
H
Mr. Ber iann has attempted make argument based
upon one and Ignoring the other that be has pro
diced paper that discredits his reputation as lawyer
aud wu, We fear EoEer the worlds estimate Of the
s,iiy OF the administration Of which be is GOnspeu
Gus member.
The oversight is too of the very Of the sub
iect under DISCUSSION 1t is true Theoretically that the
Government Of the United States, in granting Permis
son % Mr. Moore to act as British Consul at Richmond
ted as the agent OF the State Of Vrgnia-bat it is
so true that tia. permission granted on the eOnd
tom and for the consideration that Great Britain would
allow similar privileges COusus sent to take Of
the / teres Of Virginia within her dominion. That
e,ndtion is not observed By Great Britain. That
ii Ierston hss failed. What follOWsg Unmistakably
this ht on the instant that Gel, Britain refused to
observe aer part Of the covenant We were released
fro,i Obligation 10 observe our part. The binding was
M ,tual-the bere6ts reeiProca.-and Whea mutually
wa destro ed ard reeiproeatiOn refused not
a., no longer bound by the act Of our former agent
bat owed it TO our self respect resent the bad faith Of
the other party the contract by at once dsoharging
aud ordering out Of he country all persons who assumed
10 ACT here upon her authority and for her benefit This
Il. % plan As 10 be invisible only 10 mind hopeless
q
bewHdered in the imagined mazss Of amateur state
craft.
Ba, let us look at difficulty in which Mr. Benjamin
involves himself He says: "When Virginia seeded
vitbdrew tie powers delegated TO the Government Of
e. the United States, and conferred them this Gov
ernme t the ezequatur granted to Consul Moore
not thereby inyaHdated. An &c. done by agent
While duly authorized continues 70 bind the principal
after the revocation OF the agents authority" Now,
If this be true, withou. quail 6eatOn Of Consul Moore
tid Is without qualification that Mr.. Benjamin lays
down the doctrne) t is equally true Of all the other
duly appointed and accepted agents and representatives
Of Great Britain. Consul Moore was as much Consul
aer Virginia seeded before and that without any
new commission or new exequatur, bat simply because
he had been received as such by the agent Of Virginia
for that purpose How il, then, with the British
Minister al Washngtoug He had been received by the
Government of the United States acting only the
AGENT Of Virginia but also Of the other seeded States
When those States RithdreW tie powers delegated to
the Government Of the United States and conferred
them on this Government, the authority granted to
Minister LYONS vas not thereby invahdateGl An act
done b. an agent while duly authorized continues TO
hind the principals after the revocation Of TIE agents
aathor.tM Minister Lyons tree lived" by the for
sr agent Of the Confederate States before any Of them
withdrew and transferred the agency. The subsequent
ithdrawal Of these States did inyaidate his au
thoy 10 aei as British Minister in any OF the States
whose dgly authorized agent bad granted him that
authority The new agent, according to Mr. Benjanin,
Va, bound By the act of the former agent The new
agent has never revoked and annuled" the authority
given By the former agent Hence Lord Lyons has
bsen and Is as much the British Minister for the State
Of Virginia as Mr. Moore the British Consul for
port Of Richmond down to tie 9Th of June exactly
and precisely as much BY exactly and precisely the
sane right, aud exactly and precisely the reason
iig. What must be the wonder, then, of the British
Cabinet after going through with that part of Mr.. Ben
Iamins despatch which lays down the law in regard
COnsu, when they to the paragraph in which the
rights Of their Minister and his relation to this Govern
ment are considered? Says Mr.. Benjamin.
Great Britain has deemed it for her interest 10 re-
se acknowledging the patent fact Of the existence Of
this , opfederacy as an independent nation. Il can
scarcely be expected that should, by our con-
duct imply assent 10 the justice or proPrety Of that
refusal nov that the British Minister accredited 20 the
Government Of enemies assumes the power to Is
sue Instructions and exercise authority Or the Oonsuls
of Great Britain residing within this country nay, even
OF appointing agents 70 supervise British Interests IN
the Confederate States This course Of conduct plainly
ignores the existence Of this Government and implies
the continuance OF he relations between that Minister
and the Consus Of her Majesty resident within the Con-
federGcy which existed prior 20 the Withdrawal OF these
States from the Union It further the assertion OF
rgh the part Of Lord Lyons, BY virtue OF bis ere
dsntas her Majestys Minister at Washington, 10 ex
ereise Ihe power and authority Of Minister accredited
20 Richmond, and officially received as such BY the
President"
By What right does Mr.. Benjamin say that the Britt
Minister at Washington accredited to the Govern
ment Of our enemesl' He was accredited to our for
mr. "ageut while duly authorized" to act for US and
al hOugh We have since revoked the agents authority
privilege conferred BY our agent was not thereby
ivLidatsd" part Of that privilege vas 'tbe power
- issue Instructions and exercise authority over the