페이지 이미지
PDF
ePub

The Committee, persuaded of this truth, discussed, in various Conferences, the questions which appeared to it most proper to produce the great end to which we all aspire; it examined them conjointly with His Majesty's Ministers, who at first entirely concurred with the opinions that generally prevailed. Peculiar circumstances have since induced them, in some measure, to suspend their judginent, under the impression that publick opinion is not yet prepared for a definitive resolution. In this dilemma, the Committee can propose nothing to the Cortes; because, as it appertains to the Government to decide the question of fact, that is, the convenience and necessity of adopting certain Measures, and the Government not thinking that the moment has yet arrived, the Committee must confine itself to the recommending to the Ministers, that they accelerate the wished-for moment. Justice calls aloud for this; the precarious and uncertain destiny of so many European-Spaniards established in those Regions, the Americans likewise, and the different Tribes who have sustained, by force of arms, the Cause of the Mother Country; in short, the true felicity of America and the Peninsula; call aloud for it. The happiness of America consists in a solid peace, the guarantee of its future prosperity; that of Spain, in not meeting with impediments at every moment, and in not having its attention drawn off from its deliberations, in framing the Measures which the sad condition of such distant Provinces requires. The knowledge of the Age, and an enlightened policy, should guide the Government in so new and glorious a resolution.

The Committee, impressed with the importance of the subject, and convinced that its decision may have some influence in the destiny of the Universe, is desirous of communicating to all Spaniards this, its firm conviction, in order that they, on their part, may contribute to the happy termination of such an undertaking. Spain would derive advantages that, she cannot otherwise expect; and the ties of relationship and religion, of commercial relations, and those which are derived from free Institutions, would be the most certain pledge of our harmony and close union. The Committee, being unable therefore, to come to any determination, must confine itself to proposing, that the zeal of the Government be excited, so that it may present to the deliberation of the Cortes, without delay, the Fundamental Measures which it may think proper, as well for the just and complete Pacification of the revolted Provinces of America, as for securing to them a firm and solid felicity.

(Inclosure C.)-Propositions of the Cortes of Spain to the Spanish American Deputies.-Madrid, 24th June, 1821.

ART. I. There shall be 3 Sections of Cortes in America; one in the North and two in the South. The first shall be composed of the Deputies of all New Spain, including the interior Provinces and Guatemala: the 2 Sections of South America shall comprehend ;—one of

them, the New Kingdom of Granada and the Provinces of Terra Firma; and the other, Peru, Buenos Ayres, and Chili.

II. These Sections shall assemble at the time appointed by the Constitution for the meeting of the Ordinary Cortes, governing themselves, in every respect, according to the rules prescribed for the latter; and they shall have within their Territory the same legal representation and the same powers, excepting the 2d, 3d, 4th, 5th, and 6th, which are reserved for the General Cortes, that part of the 7th, relative to the approval of Treaties of Offensive Alliance, and the second part of the 22d power.

III. The Capitals where these Sections shall, for the present, assemble, shall be the following: the Section of New Spain in Mexico; that of the New Kingdom of Granada and Terra Firma in Santa Fé; and that of Peru, Buenos Ayres, and Chili, in Lima. If, however, the Sections, with consent of the Executive Power of those Countries, should think proper to change the Seat of Government, they may select whatever Place may appear best suited to their purpose.

IV. There shall be in each of these Divisions a Delegate, who shall exercise, in the name of the King, the Executive Power.

V. These Delegates shall respectively consist of a Person, freely named by His Majesty, and selected from amongst Men of the most distinguished talents, without exclusion of the Members of the Royal Family. These Delegates shall be removable at the pleasure of His Majesty they shall be inviolable with regard to the Sections of Cortes of the respective Countries, and shall only be responsible for their conduct to His Majesty and the General Cortes. The Ministers of these Delegates shall be responsible to the respective Sections of the Cortes, according to the Constitution.

VI. There shall be 4 Departments of Government: viz. of the Interior, of Finance, of Grace and Justice, and of War and Marine; some of which may be united, according as it may be judged convenient, in virtue of a Law.

VII. There shall be 3 Sections of the Supreme Tribunal of Justice, composed of a President, 8 Members, and a Fiscal:

VIII. There shall be 3 Sections of the Council of State, each composed of 7 Individuals, but the Legislative Sections may at pleasure reduce their number to 5.

IX. The Commerce between the Peninsula and the Americas shall be considered as internal from one Province of the Monarchy to another; and, consequently, the Spaniards of both Hemispheres shall reciprocally enjoy in them the same advantages as their respective Natives.

X. They shall likewise reciprocally enjoy in them the same civil rights and be equally eligible to Publick Offices and Employments as their respective Natives.

XI. New Spain and the other Countries, comprehended in the Territory of their Legislative Section, oblige themselves to deliver to the

Peninsula, the sum of 200,000,000 of reals, within the space of 6 Years, which shall commence on the 1st of January, 1823, in order to contribute to the payment of the Foreign Debt; the Revenue of the State, and the Lands now appertaining, or which may hereafter appertain thereto, in the above mentioned New Spain and indicated Territory, being hypothecated for that purpose.

The said 200,000,000 of reals shall be paid by instalments. The first on the 1st of January, 1823, and thence, successively, in the 6 following Years, until its final liquidation, which shall take place on the 1st January, 1828; so that 30,000,000 shall be paid during each of the first 4 years, and 40,000,000 daring each of the 2 last. The term of these instalments may be curtailed, with the approbation of the Legislative Section that shall be established in New Spain.

XII. New Spain and the other Territories comprehended in the Legislative Section thereof, likewise bind themselves to contribute to the Naval Expenses of the Peninsula, the sum of 40,000,000 of reals, Annually. The payment of this sum shall commence from the time when the Legislative Section shall first assemble, and shall be delivered at farthest at the expiration of a Year from that period: this sum shall be augmented as soon as the circumstances of New Spain shall permit, and, together with the sums mentioned in the preceding Article, shall be placed at the disposal of the Peninsula, in one of the Ports of New Spain in the Gulf of Mexico.

XIII. The other Countries of America, comprised in the other 2 Legislative Sections, shall contribute towards the Peninsula, in the manner that shall be hereafter fixed upon, and according to their circumstances.

XIV. New Spain takes upon itself the payment of all the Publick Debt contracted within its Territory, by its Government, or Agents duly authorized in its name; the Lands, Revenues, and other Property of the State, of whatever nature, without prejudice to the XIth Article, shall serve as an hypothecation of what has been stipulated in the said Article.

XV. The Deputies of the respective Sections, at the time of taking the Oath to observe, and cause to be observed, the Constitution of the Spanish Monarchy, shall also engage to comply with this Law, and to cause it to be executed.

(Inclosure D.) Mr. Ravenga to Mr. Brent.-(Translation.) House of the Marquis of Mos, Street of the Infantas, July 9th, 1821. JOSE R. RAVENGA, one of the Plenipotentiaries of Colombia, near His Catholick Majesty, has the honour to present his respects to Thomas Brent, Esq. Chargé d'Affaires of the United States of North America, and requests that he will be pleased to name an hour at which he can have a personal interview with him.

Thomas Brent, Esq.

(Inclosure E.)-Mr. Brent to Mr. Ravenga.

Madrid, 9th July, 1821. THOMAS L. L. BRENT, Chargé d'Affaires of The United States, kisses the hand of Senor Don Jose R. Ravenga, Plenipotentiary of Colombia, and will be happy to receive him at his house at 6 o'clock this evening. Don Jose R. Ravenga.

(18.)—Don Manuel Torres to the Secretary of State.—(Translation) SIR, Washington, 20th February 1821. THE Republicks of Venezuela and New Grenada, which, after a devastating War of more than 10 Years, have victoriously achieved the Independence which they had declared since the year 1811, were united by virtue of a Fundamental Law of the Sovereign Congress of Venezuela, of the 17th December, 1819, with the glorious Title of the Republick of Colombia, under which it has taken its rank among other Independent Nations.

In consequence, I have received the order of my Government to communicate to you, Sir, this resolution worthy of Colombia, and to accompany it with the subjoined authenticated Copy of the said Fundamental Law, in order that you may be pleased to lay it before the President of The United States.

I have also the honour to present to you, Sir, the Credentials of my Publick Character, and a Drawing of the National Standard, which will henceforth distinguish Colombia among other Sovereign and Independent States.

Although the foundation of the Republick of these United States would completely justify the right of Colombia, yet, with respect to the custom which has been introduced among Nations, the causes which have rendered this measure indispensable, have been explained in the Declaration of Independence of Venezuela, of the 5th July, 1811, a Copy of which Don Telesforo de Orea, then Agent Extraordinary of that Republick, transmitted to your Predecessor, on the 6th of November, of the same Year; the other Declaration of Venezuela, of the 2d November, 1818, and the Manifesto of the President of the Sovereign Congress of Colombia, of the 26th of August last, Copies of which I sent you with my Official Letter of the 15th of last December, likewise mention them.

The conduct of Colombia being thus in all respects justified, no doubt my Government will be recognized by that of The United States, as a Free and Independent Nation, a Sister Republick, situated likewise in the same Hemisphere. It is also hoped, that to the Recognition of the Independence of Colombia on the part of The United States, Treaties of Commerce and Navigation will be added, founded upon the bases of reciprocal utility and perfect equality, as the most efficacious means of strengthening and increasing the relations of amity between the two Republicks.

As you are already acquainted with the solicitude of Colombia, permit me, Sir, to add, that it is of the greatest importance to my Government to know the determination of The United States in regard to it. I repeat, &c.

The Hon. J. Q. Adams.

MANUEL TORRES.

(19.)—Fundamental Law of the Sovereign Congress of Venezuela, for the Union of the Republicks of New Granada and Venezuela, under the title of the Republick of Colombia. Angostura, 17th December, 1819.

(Translation.)

FUNDAMENTAL LAW OF THE REPUBLICK OF COLOMBIA, THE Sovereign Congress of Venezuela, to whose authority the People of New Granada, lately emancipated by the arms of the Republick, have voluntarily submitted: considering

1. That by uniting the Provinces of Venezuela and New Granada in one Republick, they will have the means of attaining the highest degree of power and prosperity;

2. That if they should remain in separate Republicks, however great the bonds that might unite them, yet, far from benefiting by so many advantages, with difficulty would they consolidate their Sovereignty, and cause it to be respected;

3. That these truths, clearly perceived by every Man of sound understanding and genuine patriotism, had excited the Governments of both Republicks to agree to their Confederation, which the vicissitudes of War have hitherto prevented :

From these considerations of necessity and reciprocal interest, and in conformity with the Report of the Select Committee of the Deputies from New Granada and Venezuela, in the name and under the auspices of the Supreme Being, has decreed, and does decree, the following Fundamental Law of the Republick of Colombia.

ART. I. The Republicks of Venezuela and New Granada shall be, from the present day, united, under the glorious Title of the Republick of Colombia.

II. Its Territory shall be those comprehended in the former Captaingeneralship of Venezuela, and the Vice-royalty of the New Kingdom of Granada, embracing an extent of 115,000 square leagues, whereof the exact Boundaries shall be fixed at a more seasonable opportunity.

III. The Debts contracted by the two Republicks, separately, are acknowledged in solidum, by this Law, as a National Debt of Colombia, for the discharge of which, the goods and property of the State are pledged, and the most productive branches of the Revenue shall be destined.

IV. The Executive Power of the Republick shall be exercised by a President, and in his absence by a Vice-President, both to be appointed pro tempore by the present Congress.

« 이전계속 »