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In the name of God, the Sove reign Governor of the Universe! The government of the republic of Colombia on the one part, and that of the state of Peru on the other, being animated with a sincere wish to put an end, as early as possible, to the calamities of the present war, provoked by the government of his Catholic majesty, the king of Spain, by efficaciously co-operating to so desirable an end with all their influence, means, and sea and land forces, until they have secured for ever, to their respective countries, subjects, and citizens, the valuable enjoyments of their internal tranquillity, freedom, and national independence; and his excellency the liberator, president of Colombia, having for this purpose conferred full powers on the hon. Joaquin Mosquera, member of the senate of the said republic; and the state of Peru on colonel Don Bernardo Monteagudo, counsellor and minister of state and foreign affairs, founder and member of the great council of the order of the Sun, and secretary thereof, decorated with the medal of the liberating army, superintendant-general of the post-office, and president of the patriotic society, they have, after changing in good and due form their said powers, agreed upon the following articles:

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Art. 1. The Republic of Colombia and the State of Peru, hereby agree to unite, bind, and confederate themselves in peace and war, from this time forward for ever, in order to sustain with their influence, and sea and land forces, as far as circumstances will allow, their independence of the Spanish nation, and of all other foreign dominion whatever; and to secure, after the same has been acknow

edged, their mutual prosperity, the best harmony and understanding, as well between their own countries, subjects, and citizens, as the other nations with whom they will have to enter relations.

2. The Republic of Colombia and the State of Peru, therefore, spontaneously promise and contract a perpetual compact of intimate alliance and firm and constant friendship for their common defence, for the security of their independence and liberty, for their reciprocal and general welfare, and their interior tranquillity; binding each other to afford mutual aid, and in common to repel all attack and invasion which may, in any manner, threaten their political existence.

3. In cases of sudden invasion, both parties may operate hostilely on the territory of each, whenever the circumstances of the moment do not allow of a special agreement being made with the government to whom belongs the sovereignty of the invaded territory. The party, however, so operating, shall observe, and cause to be observed, the statutes, regulations, and laws of the respective state, as far as circumstances will allow, and cause the government thereof to be respected and obeyed. The expenses which may be incurred in these operations shall be settled by particular conventions, and paid within one year after the conclusion of the present war.

4. In order to secure and perpetuate, in the best manner possible, good friendship and intercourse between both States, the citizens of Peru and Colombia shall enjoy the rights and prerogatives belonging to citizens born in both territories; that is to say, that Colombians shall be held

in Peru to be Peruvians, and the latter in the Republic of Colombia to be Colombians; without prejudice to the extensions or restrictions which the legislative power of either state has made, or may think fit to make, with respect to the exercise of the first magistracies. But to enter upon the enjoyment of the other rights, active and passive, of citizens, it shall be sufficient that they have their domicile in the State to which they may choose to belong.

5. The subjects and citizens of both States shall have free entry and departure in their respective ports and territories, and shall there enjoy all the civil rights and privileges of trade and commerce, subjecting themselves only to such duties, imposts, and restrictions to which the subjects and citizens of either of the contracting parties may be subject.

6. By virtue thereof, the vessels and territorial productions of each one of the contracting parties shall pay no more duties of importation, exportation, anchorage, and ton nage, than those established, or which may be hereafter established, for national vessels in the ports of each state, according to the laws in force; that is, that the vessels and production of Colombia shall pay such duties of entry and clearance in the ports of the state of Peru, as are paid by Peruvians; and the vessels and productions of Peru, the same as Colombians in the ports of Colombia.

7. Both contracting parties bind themselves to furnish every aid in their power to the vessels of war and merchantmen arriving in the ports belonging to either, in cases of distress, or through any other motive; and accordingly, they shall be allowed to heave down,

refit, take in provisions, arm, increase their armament and crews, so as to be able to continue their voyages or cruises at the expense of the state or individuals to whom they belong.

8. In order to avoid the scandalous abuses which may be caused on the high seas by privateers, armed on account of the individuals, in detriment to national and neutral commerce, the contracting parties agree to extend the jurisdiction of their maritime courts to the privateers navigating under the flag of either, and the prizes thereof indistinctly, whenever they cannot easily proceed to the ports to which they belong, or there is any suspicion of their having committed excesses against the trade of neutral nations, with whom both states ought to cultivate the best harmony and good understanding.

9. The demarcation of the precise limits which are to divide the territories of the Republic of Colombia and the state of Peru, shall be stipulated by a particular convention, after the next constituent congress of Peru shall have empowered the executive government of the said state to settle that point: and the differences which may arise on this subject shall be adjusted by those conciliatory and specific means which become two fraternal and confederate nations.

10. If, unfortunately, internal tranquillity should be interrupted in any part of the aforesaid states by turbulent and seditious persons, or enemies of those governments legally constituted by the will of the inhabitants, freely, quietly, and peaceably expressed by virtue of the laws, both parties bind themselves solemnly and formally to make common cause against

them, by mutually aiding each other by every measure in their power, until order and the empire of the laws shall have been reestablished.

11. If any person, guilty or accused of treason, sedition, or any other grievous crime, should fly from justice, and should be found in the territory of either of the aforesaid states, he shall be delivered up and sent back to the disposal of the government that has taken cognizance of his crime, and under whose jurisdiction he is liable to be tried, as soon as the offended party has made the deImand in due form. Deserters from the armies and national navy of both the contracting parties are also comprehended in this article.

12. This treaty or convention of union, and firm and perpetual friendship, shall be ratified by the government of the state of Peru within the period of ten days, without prejudice to the approbation which it has still to receive from the constituent congress; and by the government of the republic of Colombia, as soon as the same shall have received the approbation of the senate, by virtue of the law passed by congress, on the 13th of October, 1821; and in case, through any accident, the senate cannot meet, the same shall be ratified by the ensuing congress, conformably to the provisions of this constitution of the republic, made in articles 55, section 18. The ratifications shall be exchanged without delay, and within such period as the distance which separates the two states will allow.

In faith whereof, the respective plenipotentiaries have signed the present, and sealed the same with the respective seals of the states they represent.

Done in the city of the freemen of Lima, on the 6th of July, in the year of grace, and the 12th of the independence of Colombia, and the 3rd of that of Peru. (Signed)

BERNARDO MONTEAGUDO, JOAQUIN MOSQUERA. above treaty of perpetual union, Having seen and examined the coalition, and confederation, in anticipation of the consent and approbation of the congress of the republic, conformable to article 55, section 18, of the constitution, I have exercised the power conferred on me by article 120, in these presents I do ratify and hold ratifying the said treaty; and by it to be valid and binding in all its articles and clauses, with the exception of the words " and for their interior tranquillity" of the second article; all that is expressed in the tenth article; and what follows of the eleventh article, viz.-"If any person, guilty or accused of any person, guilty or accused of treason, sedition or any other grievous crime, should fly from justice, and should be found in the territory of either of the aforesaid states, he shall be delivered up and sent back to the disposal of the government that has taken cognizance of his crime, and under whose jurisdiction he is liable to be has made the demand in due form." tried, as soon as the offended party

And for the execution and punctual observance of the same on our the national honour. part, I engage and solemnly pledge

In faith whereof, &c. FRANCISCO DE P. SANTANDER. (Countersigned) PEDRO GUAL. Bogota, July 12, 1823. FRANCISCO DE PAULA SANTANDER, &c. &c. Whereas, between the Republic of

Colombia and the State of Peru, there was concluded and signed a treaty, additional to that of perpetual union, coalition, and confederation, on the 6th of July, 1822, by Plenipotentiaries sufficiently authorized on both sides, the tenour of which is literally as follows:

In the name, &c.

The Government of the Republic of Colombia on the one part, and that of the State of Peru on the other, being animated by the most sincere desire to terminate the calamities of the present war in which they have been involved by the government of Spain, determined to employ all their resources and forces by sea and land to maintain their liberty and independence; and, desirous that this league may be general among all the states of America heretofore Spanish, in order that, strongly and powerfully united, they may in common sustain the cause of their independence, which is the first object of the present contest; they have nominated Plenipotentiaries to discuss, settle, and conclude a treaty of union, coalition, and confederation, viz.—

[Here follow the names of the negotiators, Mosquera and Monteagudo, as in the preceding treaty.]

Art. 1. In order to tighten the bonds which hereafter are to unite both states, and remove any difficulty that may arise, or in any way interrupt their good understanding and harmony, an assembly, composed of two Plenipotentiaries on each part, in the same terms and under the same formalities which, according to established usage, are observed in the nomination of ministers of the same class near the governments of foreign nations.

2. Both parties bind themselves to interpose their good offices with the governments of the other states of America, heretofore Spanish, in order to enter into the present compact of union, coalition, and confederation.

3. As soon as this great and important object has been attained a general assembly of all the American States, composed of the Plenipotentiaries, shall meet for the purpose of cementing in a more solid and formal manner those intimate relations which ought to exist between all and each of them, and serve as counsel under great difficulties, as a point of contact in common dangers, and as a faithful interpreter of their public treaties, when difficulties arise, and as an arbiter and conciliator in their disputes and differences.

4. The Isthmus of Panama, being an integral part of Columbia and the most adequate for such an important meeting, that republic is gratified by having the opportunity of offering to the Plenipotentiaries who shall compose the assembly of the American States, all the aid which hospitality between fraternal nations, and the sacred and inviolable character of their persons, demand.

5. The State of Peru contracts the same obligation, if by the events of war, or by the consent of the majority of the American States, the said assembly should take place on its territory in the same terms as promised by the republic of Columbia in the preceding article.

6. The present compact of union, bond, and confederation, shall not in any way interrupt the exercise of the national sovereignty of each one of the contracting parties, either as regards their laws

and the establishment and form of their respective governments, of their relations with other foreign nations. They, however, expressly and irrevocably bind themselves not to yield to the demands of indemnities, tribute, or exactions, which the government of Spain may seek to establish for the loss of her old supremacy over these countries, or any other nation in her name, and representing her, and not to enter into any treaty with Spain, or any other nation, to the detriment and injury of the present independence, sustaining, on all occasions, and in all places, their respective interests with the

dignity and energy of free, independent, friendly, allied, and confederated nations.

7. The Republic of Colombia specially stipulates to maintain on foot, 4,000 men armed and equipped for the purpose of concurring in the objects indicated in the preceding articles. Its national marine will always be disposable for the execution of these stipulations.

8. The States of Peru will contribute, on its part, with its maritime force, and a number of troops equal to that furnished by the republic of Columbia,

(Signed as before.)

VOL. LXV.

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