The History of the Reign of Ferdinand and Isabella the Catholic — Volume 3 by William Hickling Prescott
page 100 of 532 (18%)
page 100 of 532 (18%)
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gross an example of political jugglery and falsehood, as ever disgraced
the annals of diplomacy. [6] But it is altogether improbable, as I have before remarked, that a monarch so astute and habitually cautious should have intrusted unlimited authority, in so delicate a business, to a person whose discretion, independent of his known partiality for the French monarch, he held so lightly. It is much more likely that he limited, as is often done, the full powers committed to him in public, by private instructions of the most explicit character; and that the archduke was betrayed by his own vanity, and perhaps ambition (for the treaty threw the immediate power into his own hands), into arrangements unwarranted by the tenor of these instructions. [7] If this were the case, the propriety of Ferdinand's conduct in refusing the ratification depends on the question how far a sovereign is bound by the acts of a plenipotentiary who departs from his private instructions. Formerly, the question would seem to have been unsettled. Indeed, some of the most respectable writers on public law in the beginning of the seventeenth century maintain, that such a departure would not justify the prince in withholding his ratification; deciding thus, no doubt, on principles of natural equity, which appear to require that a principal should be held responsible for the acts of an agent, coming within the scope of his powers, though at variance with his secret orders, with which the other contracting party can have no acquaintance or concern. [8] The inconvenience, however, arising from adopting a principle in political negotiations, which must necessarily place the destinies of a whole nation in the hands of a single individual, rash or incompetent, it may be, without the power of interference or supervision on the part of the |
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