Art. 12.-It shall be lawful for the citizens of the United States of America and the republic of Colombia to sail with their ships, with all manner of liberty and security, (no distinction being made who are the proprietors of the merchandises laden thereon,) from any port to the places of those who now are or hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandises before-mentioned, and to trade with the same liberty and security from the places, ports, and havens, of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy, before-mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power, or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt, which shall be found on board the ships belonging to the citizens of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect-that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies. Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. Art. 13.-It is likewise agreed, that in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree, that two months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandises of the neutral, embarked in such enemy's ship, shall be free. There are some exceptions on the subject of goods contraband of war. Regulations are also made respecting the search of vessels in time of war; but it is agreed that these stipulations shall refer only to those vessels which sail without convoy, and that "when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honour, that the vessels under his protection belong to the nation whose flag he carries, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient." It contains also the following articles which are not usual in treaties: Art. 22. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission, or letter of marque, for the purpose of assisting or co-operating hostilely, with the said enemy, against the said party so at war, under the pain of being treated as a pirate. Art. 23.If, by any fatality which cannot be expected, and which God forbid, the two contracting parties shall be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coast, and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations who may be established in the territories or dominions of the United States and of the Republic of Colombia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. Art. 24. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares, nor monies, which they may have in the public funds, nor in the public or private banks, shall ever, in any extent of war, or of national difference, be sequestered or confiscated. NOTE of the VICE-PRESIDENT of the REPUBLIC of COLOMBIA to the LIBERATOR BOLIVAR. My great good Friend and faithful Ally;-I have read with the greatest satisfaction your most excellent note, dated from the city of Lima, the 7th of December last, in which you inform me of your great desire to see the meeting of the deputies of the Confederated States of America, formerly belonging to Spain, within six months, if it be possible. It is with extreme pleasure I inform you, that being animated with the same sentiments as yourself, I have taken beforehand every measure calculated to hasten the reali zation of a project so essential to our security and future destiny. The necessities of the New States of America, their position with respect to Europe, and the obstinacy of the king of Spain in not recognizing them as sovereign states, require from us, and our dear allies, now more than ever, the adoption of a system of political combination which will stifle, in the cradle, any project intended to bring on new calamities. The dangerous principle of interference, which some cabinets of the old world have embraced and followed up with energy, deserve our most tions towards the republic of Mexiserious consideration, as much CO. I have reason still to maintain the hope that the assembly of America will meet with the concurrence of the republics of Colombia, Mexico, Guatimala, Peru, and even Chile, and Buenos Ayres, if, as is likely, the politics of the latter country approximate more to our desires since the installation of the congress of the united provinces of the Rio de la Plata. With respect to the United States, I have thought proper to invite them to the august assembly of Panama, in the firm conviction that our allies will see with satisfaction such sincere and illustrious friends take part in the deliberation of their common interests. The instructions, of which I send you a copy, in consequence of this desire transmitted to our envoy extraordinary and minister plenipotentiary at Washington, will clearly show you the principles which have urged me to take that resolution. Similar reasons have induced me to recommend our above-named minister to assure the representative of the emperor of Brazil at the United States of the good disposition of the republic of Colombia towards his master. In the meantime the government of Colombia, with pleasure, intends to send, within four months from the date hereof, its two plenipotentiaries to the Isthmus of Panama, where, joining those of Peru, they may immediately enter into conferences preparatory to the installation of the general assembly, which will perhaps begin its important tasks on the 1st of October of the present year. With the design, then, of facilitating this result, I have ventured to make them the following propositions : from its tendency to encourage the expiring hopes of our obstinate enemies, as from the fatal consequences which might arise in America from the introduction of a maxim so subversive of the sovereign rights of the people. Notwithstanding, however ardent may be our desires to lay, at least, the foundation of this work, the greatest that has been conceived since the fall of the Roman empire, it yet appears to me to be for our mutual interests that the assembly of plenipotentiaries proposed to be convened at Panama, should have the concurrence of all, or the greater part of all the American governments, as well belligerents as neutrals, both being equally interested in resisting the supposed right of interference to which some powers of the south of Europe have already fallen victims. For the purpose of obtaining that concurrence, instructions were sent, on the 15th of July last, to our envoy at Buenos Ayres, to endeavour to persuade that government of the expediency of sending plenipotentiaries to the assembly of Panama, in spite of the ill success of a negotiation entered into between both parties in 1822, for the same desirable object. We had also expected, with the greatest anxiety, the ratification of our treaty of alliance and perpetual confederation with the state of Chile, of which, however we have not yet received any news. present session of the legislature will not, probably, terminate without a similar treaty being concluded with the provinces of Guatimala, from whom we have a minister, but whose recognition has been deferred from considera The 1st, That the governments of Colombia and Peru should authorize their plenipotentiaries, assembled on preparatory conferences at the Isthmus of Panama, to enter into direct correspondence with the ministers of state for the Foreign Affairs of Mexico, Guatimala, Chile, and Buenos Ayres, showing them the necessity for sending, without delay, plenipotentiaries for those republics to the general assembly. 2nd, That the plenipotentiaries of Colombia and Peru may have free liberty to choose whatever place on the Isthmus of Panama they may think the most eligible, from its salubrity, to hold their preparatory conferences. 3rd, That immediately the plenipotentiaries of Colombia, Peru, Mexico, and Guatimala, or even three of them, shall have assembled on the Isthmus, they shall be authorized to appoint in concert the day on which the general assembly shall be installed. 4th, That the general assembly of the confederated states shall also be at liberty to choose on what part of the Isthmus of Panama it may judge most proper, from its salubrity, to hold their sittings. 5th. That the plenipotentiaries of Colombia and Peru shall on no account absent themselves from the Isthmus of Panama after they shall have entered into the prefatory conferences, until the congress of the confederated states shall have been assembled, and have terminated its session. I hope these propositions prove to you the lively interest taken by the republic of Colombia, in seeing the realization in our beautiful hemisphere of the great designs of divine Providence, which I fervently invoke to maintain you in its holy keeping. Note of the Government Council of the Republic of Peru, to the Executive Power of the United Provinces of the Rio de la Plata. Palace of the Government in Lima, May 2. To his Excellency the Minister of the province of Buenos Ayres, charged with the Executive Power of the United Provinces of the Rio de la Plata. My great and good Friend ;After fifteen years of sacrifices consecrated to the liberty of America, in order to obtain a system of mutual aid, which in peace and war might be the shield of our new destiny, it is time that the interests and relations which unite among themselves the American Republic, formerly belonging to Spain, should be put upon a basis that may, if possible, eternize the duration of their governments. To establish that system and consolidate the power of that great political body belongs to the exercise of a sublime authority, which may direct the policy of our governments, whose influence may maintain the uniformity of its principles, and whose name alone may calm our tempests. So respectable an authority cannot exist except in an assembly of plenipo tentiaries named by each of our republics, and un' d under the auspices of the victory obtained by our arms against the power of Spain. Deeply imbued with these ideas, his excellency the liberator, as president of the republic of Colombia, invited in 1822 the governments of Mexico, Peru, and Chile, to form a confederation, and meet at the Isthmus of Panama, or some other part that would be eligible to several of us, in order to form an assembly of plenipotentiaries of each state, "which may serve us as a council in any great troubles, as a point of contact in common danger, as a faithful interpreter of public treaties when difficulties arise, and in short as an arbitrator of our differences." The government of Peru concluded, on the 6th of June of that year, a treaty of alliance and confederation with the plenipotentiaries of Colombia, by which both parties were to interpose their good offices with the governments of America formerly belonging to Spain, for them all to enter into a treaty for the meeting of a general assembly of the confederates. A similar treaty was concluded with Mexico on the 3rd of October, 1823, by the envoy extraordinary of Colombia to that state; and there is great reason to hope that the other governments will be induced, in like manner, thus to follow their best interests. To defer longer the general assembly of the plenipotentiaries of the republics, which are in fact already confederated, until the accession of the rest should be ascertained, would deprive us of the advantages which that assembly would produce from the moment of its installation. These advan VOL. LXVII. tages are prodigiously augmented if we contemplate the picture presented by the political world, most particularly by the continent of Europe. The meeting of the plenipotentiaries of Mexico, Colombia, and Peru, would be indefinitely postponed, if one of the contracting parties did not promote it, till the result of a new and special convention upon the time and place relative to that grand object should be known. The consideration of the difficulties and delays that may arise from the distance which separates us, joined to other grave motives bearing upon our common interest, determine me to take this step, with the view of promoting the immediate meeting of our plenipotentiaries, whilst the other governments are concluding those preliminaries which have already been arranged between us relative to the nomination and incorporation of the representatives. With respect to the time of the installation of the assembly, I think that no difficulty will arise to prevent its meeting in six months from the date hereof, and I even flatter myself that the ardent desire which animates all Americans to exalt the world of Columbus, will diminish the difficulties and delay which ministerial arrangements and the distance which separates the capital of each state from the central point of union must occasion. It appears to me that if the world had to elect a capital, the Isthmus of Panama would be pointed out for that august destiny, placed as it is in the centre of the globe, looking on the one side to Asia, and on the other to Africa and Europe. The Isthmus of Panama has been offered for that purpose K* |