eir
being known in the law; that is to say, the law of nations requires,
that national acts shall give to every sovereign and nation its proper
political name or style, in the same manner as the municipal law of
the land will only take notice of corporations, companies, and even
private citizens by their proper names and legal descriptions.
"When the United States became one of the nations of the earth, they
published the style or name, by which they were to be known and
called, and as on the one hand they became subject to the law of
nations, so on the other they have a right to claim and enjoy its
protection, and all the privileges it affords.
"Mr Oswald's commission is a formal, national act, and no nation not
mentioned or properly described in it can consider him properly
authorised to treat with them. Neither the United States of America,
nor Commissioners appointed by _them_, are mentioned in it, and,
therefore, we _as their servants_ can have no right to treat with him.
"We are apprised the word _Colonies_ or Plantations of New Hampshire,
&c. in _North America_, convey to the reader a geographical idea of
the country intended by the commission, and of the manner of its
first settlement, but it conveys no political idea of it, except
perhaps a very false one, viz. as dependent on the British Crown; for
it is to be observed, that the words _Colonies or Plantations_ have
constantly been used in British acts of Parliament, to describe those
countries while they remained subject to that Crown, and the act holds
up that idea in a strong point of light when it declares, _that it is
essential to the interest, welfare, and prosperity of the Colonies or
Plantations_ of New Hampshire, &c. that peace, &c. should be restored,
&c. For as independent States our interests, welfare, and prosperity,
were _improper objects for the Parliamentary discussion and provision
of Great Britain_.
"The United States cannot be known, at least to their Commissioners,
by any other than _their present, proper, political name_, for in
determining whether Mr Oswald's commission be such as that we ought to
treat with him under it, we must read it with the eyes, and decide
upon it with the judgment of _American Ministers_, and not of private
individuals.
"But admitting that the studied ambiguity of this commission leaves
every reader at liberty to suppose, that we are or are not
comprehended in it, nay supposing it to be the better constr
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