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178 THE RELATIVE DUTIES OF MANKIND. [Part III.

There is a very important distinction, on the subject of thepowers of an agent, between a general agent and one appointedfor a specific purpose. An agent, who is intrusted with generalpowers , must exercise a sound discretion. If his powers arespecial and limited , he must strictly follow them. The acts ofa general agent will bind his principal so long as he keeps withinthe general scope of his authority, even though he may act con-trary to his private instructions ; and this rule is necessary toprevent fraud, and encourage confidence in dealing. It is, infact, indispensable to safety in dealing. A general agency isalways in a considerable degree confidential. A general agentmust exercise a sound discretion in the business of his prin-cipal, and, even if he has his instructions, he may depart fromthem, when, from some change in the circumstances, he is fullyconvinced, that bis principal, if he were present, would changehis intention. This rule is designed to guide, under a change ofcircumstances, the judgment and consciences of those whoseagencies are confidential. But an agent constituted for a partic-ular purpose , and under a limited power, cannot bind his princi-pal, if he exceeds his power. The special authority must bestrictly pursued ; and whoever deals with an agent, constitutedfor a special purpose, deals at his peril, when the agent passesthe precise limits of his power.*

It is scarcely necessary to say, that an agent, in all his inter-course and in all his transactions with his principal, is bound inconscience to act up to the confidence which is reposed in him.In the case of a general agency, the relation between the partiesis highly confidential, and imports the most perfect good faithbetween them. Even the law of the land, whose generalstandard of conduct in respect to morals is imperfect,! speakson this subject in a tone well fitted to command attention, re-spect, and deference. “ The law, acting in aid of general mor-als, will not suffer one party, standing in a situation of whichhe can avail himself against the other, to derive advantage fromthat circumstance ; for it is founded in a breach of confidence.”Again ; the general principle of law, which governs in this

* Kent’s Commentaries on American Law, Vol. II. pp. 477 - 492.

t See above, pp. 31,32.