Each
nation has an equal right to expound the meaning of their common rules;
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 mean time,
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. Mr.
Genet, however, assumes a new and bolder line of conduct. After deciding
for himself ultimately, and without respect to the authority of the
country, he proceeds to do what even his sovereign could not authorize,
to put himself within the country on a line with its government, to act
as co-sovereign of the territory; he arms vessels, levies men, gives
commissions of war, independently of them, and in direct opposition to
their orders and efforts.
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