APPENDIX TO CHRONICLED 



967 



by the best writers on the subject, 

 that a declaration of the govern- 

 ment is not necessary to shew that 

 war had taken place ; and in the 

 presentinstance, the treaty of peace 

 that followed between the two 

 countries was a distinct recogni- 

 tion by both, of the previous exist- 

 ence of a state of war. It may be 

 true that Sweden may have enter- 

 ed into it unwillingly, or under the 

 control of a superior power ; but that 

 is a matter wholly out of the con- 

 sideration of the court ; it has no 

 business to enter into an examina- ' 

 tion of the Swedish government's 

 motives ; it is sufficient to take the 

 fact, that a state of war actually ex- 

 isted at the time, and was after- 

 wards superseded by a treaty of 

 peace, signed by the Plenipoten- 

 tiaries of the respective govern- 

 ments, who were invested with full 

 powers so to do cum libera potes- 

 tate,as the diplomatic writers terra it. 

 It has been again contended, that 

 as the treaty was signed by the 

 _ Plenipotentiaries before the seizure 

 ■ in question, the pacific character of 

 the two countries was re-establish- 

 ed so as to entitle the vessels to li- 

 beration ; but it appears, that ac- 

 cording to modern practice, the rati- 

 fication of the contracting powers 

 is necessary to perfect the treaty, 

 and finally give it legal and eflec- 

 tual operation. The Plenipoten- 

 tiaries, it is true, have full and am- 

 ple powers to concede to or make 

 stipulations, and determine upon 

 the terms of the treaty ; but still 

 it is not complete without the rati- 

 fication : suci), indeed, is usually 

 one of the stipulations, and in this 

 respect, therefore, the authority of 

 the Plenipotentiaries is circum- 

 scribed. It has also been said, that 

 wlica the treaty is once ratified, 



it's operation is referred back to 

 the time when it was agreed upon 

 and signed by the respective Pleni- 

 potentiaries : the words in the 

 treaty, however, upon which this 

 assumption is founded, that there 

 shall henceforth be a cessation of 

 all animosity and hostility, &c. are 

 merely descriptive, and do not be- 

 come binding upon the contract- 

 ing parties till ratified by them. — 

 Vattel, book 4. chap. 2, A trea- 

 ty of peace can be nothing more 

 than a compromise of interests; 

 and these expressions in it are 

 merely an admission of the par- 

 ties, that they wave all consider- 

 ation of the original motives of the 

 war ; for were the treaty to be 

 framed upon principles of justice, 

 with a view to determine what was 

 due to each party, it would be im- 

 possible to carry it into effect ; 

 there must be compensation made 

 for every act done throughout the 

 war, remuneration for its expenses, 

 <ic. on both sides, and this wouldre- 

 vive every hostile feeling. It was 

 perfectly clear, in this case, that 

 the Swedish government consider- 

 ed the treaty in this point of view, 

 because Anholt was afterwards suf- 

 fered to continue in the possession 

 of Great Britain, and the same de- 

 gree of conduct observed. It only 

 remains, then, to inquire, whether 

 the territory in which the seizure 

 was made was that of Sweden. 

 Now the British flag, which had 

 been hoisted there, remained so 

 undisturbed ; it was considered as a 

 British port, and occupied by a 

 British force: and the very motive 

 for which the Americans went 

 with the vessels in question to the 

 bay of Anholt, viz. for convoy and 

 protection, shews that they con- 

 sidered it a British station. It» 



