The Diplomatic Correspondence of the American Revolution, Vol. 06
History
The Diplomatic Correspondence of the American Revolution, Vol. 06
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
In my letter of the 18th, I had the honor to mention some things,
which lay upon my mind; but still I am apprehensive, that in a former
letter, I have not conveyed my full meaning to your Excellency.
In my letter of the 16th, I submitted to your Excellency's opinion and
advice, whether an American Minister could appear at the Congress at
Vienna, without having his character acknowledged by any power, more
expressly than it is now. This was said upon the supposition, and
taking it for granted, that it was the intention of the mediating
Courts to admit a representative of the United States to the Congress,
with such a commission and such a title as the United States should
think fit to give him, and that during his whole residence and
negotiations at Vienna, whether they should terminate in peace or not,
he should enjoy all the prerogatives, which the law of nations has
annexed to the character, person, habitation, and attendants of such a
Minister. It is impossible that there should be a treaty at Vienna
between Great Britain and the people of America, whether they are
called United States or American Colonies, unless both nations appear
there by representatives, who must be authorised by commissions or
full powers, which must be mutually exchanged, and consequently
admitted to be, what upon the face of them they purport to be. The
commission from the United States for making peace, which has been in
Europe almost two years, is that of a Minister Plenipotentiary, and it
authorises him to treat only with Ministers vested with equal powers.
If he were to appear at Vienna, he would certainly assume the title
and character of a Minister Plenipotentiary, and could enter into no
treaty or conference with any Minister from Great Britain, until they
had mutually exchanged authentic copies of their full powers. This it
is true, would be an implied acknowledgment of his character and
title, and of those of the United States too; but such an
acknowledgment is indispensable, because without it there can be no
treaty at all. In consequence he would expect to enjoy all the
prerogatives of that character, and the moment they should be denied
him, he must quit the Congress, let the consequences be what they
might.
Public-domain text, read in full here on John Shaqi.
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