Puslapio vaizdai
PDF
„ePub“

tually assisting each other, with whatsoever means they possess, towards the re-establishment of order and the authority of the Laws.

XI. In order to bind more closely those ties which should unite both States, and in order to remove any difficulties that may present themselves or that may in anywise interrupt a good understanding and harmony, there shall be formed an Assembly composed of Two Plenipotentiaries from each side, in the same manner and with the same formalities, as, in conformity to established usage, should be observed, in the nomination of Ministers of similar rank to the Govern ments of Foreign Nations.

XII. Both Parties bind themselves to interpose their good offices with the Governments of the other American (formerly Spanish) States, to induce them to enter into this Compact of Union, League and Confederation.

XIII. So soon as this great and important object shall have been attained, there shall be formed a General Assembly of the American States, composed of their Plenipotentiaries, who shall be charged with powers to cement and to establish, in the most solid manner, those intimate relations which ought to subsist between all and each of them:-to act as counsel in cases where conflicting interests may clash :—as a rallying point in common danger :-as faithful interpreters of Public Treaties, when doubts arise, and as Arbitrators and conciliatory Judges in disputes and differences.

XIV. The States of Chile and Peru cheerfully engage to afford the Plenipotentiaries who may compose the Assembly of American States, all that assistance which hospitality, the sacred character and inviolability of their Persons, demand from a fraternal people, whenever those Plenipotentiaries shall think fit to assemble on any point of the Chileno or Peruvian Territory.

XV. This Treaty of Union, Alliance and Confederation, shall not in any manner interfere with the exercise of Sovereign Power by each of the Contracting Parties, whether, as respects their laws, and the establishment and form of their respective Governments, or their relations with other Foreign Nations.-But both Parties expressly and unalterably engage, not to accede to any demands for indemnity, contribution or exaction, which the Spanish Government, or any other Nation in its name, or at its request, may propose on account of the loss of its ancient Supremacy over these Countries; nor enter into any Treaty with Spain, or with any other Nation to the prejudice, or deterioration of this Independence; maintaining on all occasions and in all places their reciprocal interests with the dignity and energy becoming free, independent, friendly, brotherly, and confederated Nations.

XVI. This Treaty or Convention, of Friendship, League, and Confederation, shall be ratified by the Government of the State of Chile,

with the consent of the Most Excellent the Supreme Court of Representatives, within four months from the date hereof, and by the Government of the State of Peru, so soon as it can receive the approbation of the Sovereign Constituent Congress. The Ratifications shall be exchanged without delay, and with as much expedition as the distance between the two seats of Government will permit.

In faith whereof the respective Plenipotentiaries have hereunto signed their names and affixed the Seals of the States which they represent.

Done in the City of Santiago de Chile, on the 23rd day of the month of December, in the year of Grace 1822, and the 13th of the Liberty of Chile and 5th of its Independence; and the 3rd of that of Peru.

JOAQUIN DE ECHEVERRIA.
JOSÉ ANTONIO RODRIGUEZ.

JOSÉ CABERO Y ZALAZAR.

MESSAGE of the Vice President, on the Opening of the Congress of Colombia.—Bogota, January 2, 1825.

(Translation.)

FELLOW CITIZENS OF THE SENATE, AND CHAMBER OF REPRESEN

TATIVES.

THIS is precisely the day fixed by our Constitution for convening the Representatives of the Republic, to employ their powers for the good and prosperity of our Constituents. If, in the two preceding Sessions, the Congress assembled at a late period, from causes inherent in the infancy of all Societies, which the enemies of the Republic have affected to overlook, the present Assembly will prove that, with the progression of time, we approach the nearer to the exact observance of Constitutional Principles. I must congratulate Colombia, and you, Gentlemen, on an event which will have so much influence in the stability of our political system, and I do hope for the most prosperous results from the present Session. The Executive performs its duties, with the greatest satisfaction, and contributes towards the happy issue of your legislative labours, whilst it presents to you a clear view of the state of the affairs of the Republic in the different branches of Administration.

The Government of His Catholic Majesty, far from abandoning its antiquated pretensions to the Sovereignty of these Countries, as justice, experience, and the ruin of the Spanish Nation ought to suggest, is engaged in carrying forward its hostile views, without admitting the slightest hope of reconciliation. The Executive has

grounds for believing, that the Cabinet of Madrid is informed of the favourable dispositions that exist on our part, to come to an under

standing, and to put an end to a state of warfare, which for 15 years consecutively has involved the two Nations in so much misery. The ardour with which the Executive has endeavoured to seek for peace with Spain, on the basis of the recognition of our Independence, has not however slackened our vigilance. The Congress may be assured, that our means of defence are really abundant, and that, whatever enterprize may be meditated by Spain against the Republic will serve only to exalt the brilliancy of our Arms, and humble anew the Spanish Power.

Our relations with the American Governments subsist on a footing of amity and good intelligence, becoming States that maintain the same cause. The good offices and succours with which we have assisted Peru, have operated a change so important in that Country, as to leave not the slightest doubt of their Independence and Liberty. The Liberator, President of Colombia, has in this instance more than ever developed those virtues, which are alone the patrimony of great men, and to which the Colombian Republic owes its existence; surrounded by almost insurmountable difficulties, compelled to contend with enemies, who, to the superiority of numbers joined the charm of victory, afflicted by events, which inexperience, weakness, and perfidy had engendered, and uncertain of receiving the fresh reinforcements which Congress, with so much promptitude, decreed to be furnished the Liberator has been able to overcome all these obstacles, assisted by the patriotism of the Peruvians, who were faithful to their duties, and by the valour of the combined Army, he has liberated an important part of the vast Territory which the Spanish Army governed, after having inflicted on it a terrible humiliation at Junin. The Executive feels confident, that the Auxiliary Troops which left Panama in October last for Peru, have seasonably arrived, and that this angmentation of force will contribute to consolidate the advantages obtained, to accelerate the day of the liberty of Peru, and to fix irrevocably the destiny of South America. This new glory was reserved for Colombia, and you now enjoy the satisfaction of having contributed to facilitate it by the means which were within your power, among which the Decree that allowed the Liberator to leave the Territory of the Republic will always hold the preferable place. Conforming myself to the resolution of the Legislature, I have not ratified the Convention entered into between Colombia and Peru, on the subject of boundaries: notwithstanding its importance, the decision of which involves questions of superior interest, the Executive has abstained from the renewal of the Negociation; because it felt the expediency of giving an example of good faith and generosity, by suspending all communication upon the subject, whilst the Peruvian Republick was occupied by the Troops of Colombia.

The Republick of Mexico has just given a terrible lesson to the

Usurpers of the power of the People. General Iturbide disregarded the banishment which the Law had imposed on him, and entered the Mexican Territory in a manner which awakened the fears of Government. An Act of Congress, declaring him a traitor, and deserving death, was carried into effect without any opposition. The Government of Mexico seems by such conduct, to have made an important advance towards its prosperity and stability. The most recent intelligence from that part of America, has made us acquainted with the extraordinary and energetic measures, which have been adopted to defend its Independence against the views of Spain, and to compel the Towns which objected to the Compact of Union, to return to their obedience.

The Provinces of Guatemala maintain, without any opposition, the state of Sovereignty proclaimed by their spontaneous will. An accredited Minister from that Government to this Republic is now in this Capital. This is a favourable opportunity to come to an understanding with each other in matters of the highest interest: the fixing of boundaries between Colombia and Guatemala is of imperious necessity, under the circumstances in which some Foreigners are seeking to speculate on the Mosquito Shore, of which the boundary line in the interior is entirely undefined. The Executive, bound by the fundamental Law of the 12th of July, 1821, has declared as belonging to the Republic, the Coast of the Atlantic, comprehended between Cape Gracias à Dios and the River Chagres, rendering null and void every Colonization not made by permission of the Government, and by virtue of the Laws of Colombia. I submit this Decree to your judgment, as well as the argument on which it is rested, to sustain the integrity of the Territory of the Republic and her rights, and to frustrate the views of our enemies.

The state of agitation in which the Empire of Brazil has found itself, has not allowed us to enter into relations of Amity and good intelligence with that Government, with which it is also necessary that we should come to an understanding in regard to boundaries. We are assured of the good disposition of the Emperor towards the Republic of Colombia: on our part we have endeavoured not to give any occasion for complaints or of misunderstanding. When the opportunity shall offer for entering into Negociations with the Brazilian Government, the Executive will not fail to observe that good faith and frankness, which characterize its principles, adopting in regard to boundaries the Treaty made at Madrid in 1777, between Spain and Portugal.

We maintain with The United States the most friendly and cordial relations. There will soon be laid before you, for your examination, and approval, the Treaty of Peace, Friendship, Navigation and Commerce, which the Executive has made with the Government of those States, through the medium of competently authorized Plénipo

tentiaries. The principles we have adopted are of a nature so commendable, as to render it unnecessary for me to dwell on any eulogium of them; the Government of Colombia never displayed more attachment to the spirit of civilization and humanity that ought to distinguish the Governments of free people, than in this Treaty. Colombia will have the laudable pride of being the first of the States of the late Spanish America to present herself before the world through the medium of Public Treaties, with the Nation most favoured by the Genius of Liberty. You will likewise examine the Convention settled

with those same States to put an end to the horrid Trade in the Negroes of Africa :* our Laws have declared our repugnance to that execrable traffic, and the Executive has founded its proceeding upon that basis. The Law of the 21st July, of the 11th year of Independence, prohibited the introduction of Slaves, and the Provisional Ordinance in regard to Letters of Marque declared as good Prize, Vessels engaged in trading in African Negroes, taken within the waters of the jurisdiction of the Republic. But as no penalties against the infrac tion of that Law were fixed, and since it is beneficial to the human race to extend all the Regulations of the Ordinance respecting Letters of Marque, it appeared to the Executive that the Convention with The United States would supply that defect.

To acquaint you fully with what regards our relations with Europe, I deem it a duty to give a proof of my candour by entering into details, which will at once serve to shew their position, and manifest to the world the principles of the policy of the Government of Colombia. The Commissioners of His Britannic Majesty in this Capital applied to the Executive to grant the requisite Exequatur to the appointments of Consuls which The King had sent to some of our Ports. As this application was not accompanied with the Commissions, as usual and customary, the Executive felt regret in deferring the Exequatur till those Commissions should be duly presented, trusting that they would be found to be expressed in the terms received among Nations. The Person on whom the appointment of Consul General had been conferred, had scarcely arrived at this Capital, when he presented his Commission, assuring the Executive that the Commissions of the Consuls for La Guayra, Maracaibo, Carthagena and Panama were expressed in terms similar to his own. The Commission mentioned the Provinces of Colombia, instead of the Republic of Colombia, by which denomination the Fundamental Law required that this Country should be designated since 1819, and the Consuls were therein accredited to the Authorities that might be established, instead of being accredited to the Executive Power, or to the President of the Republic, in conformity with the principles of public right, of our Constitution, and of what was observed by The United States. The Executive considered these inefficient or equivocal expressions as the

* Not Ratified by The United States.

« AnkstesnisTęsti »