8530. TREATIES, Construction of.—
Where the missionary of one government
construes differently from that to which he
is sent, the treaties and laws which are to
form a common rule of action for both, it
would be unjust in either to claim an exclusive
right of construction. Each nation has
an equal right to expound the meaning of
their common rule; and reason and usage
have established, in such cases, a convenient
and well-understood train of proceeding. It
is the right and duty of the foreign missionary
to urge his own constructions, to support them
with reasons, which may convince, and in
terms of decency and respect which May
reconcile the government of the country to a
concurrence. It is the duty of that government
to listen to his reasonings with attention
and candor, and to yield to them when
just. But if it shall still appear to them that
reason and right are on their side, it follows
of necessity, that exercising the sovereign
powers of the country, they have a right to
proceed on their own constructions and conclusions
as to whatever is to be done within
their limits. The minister then refers the
case to his own government, asks new instructions,
and, in the meantime, acquiesces
in the authority of the country. His government
examines his constructions, abandons
them if wrong, insists on them if right, and
the case then becomes a matter of negotiation
between the two nations.—
To Gouverneur Morris. Washington ed. iv, 44.
Ford ed., vi, 388.
(Aug. 1793)
