Page images
PDF
EPUB

will be formed, the spirit of the Governments which are to appoint it, and its limited duration, must suffice to tranquillize the minds of those who are the most ready to take fire at every measure of security which in the slightest degree threatens individual liberty.

Such, Sir, is the sense in which you will represent to the ministry of the Court at which you are accredited, the measures just taken at the Diet.

The considerations which I have communicated to you will be sufficient to enable you to make it be felt, that these measures are connected with each other; that they are the consequences of the same principles; that they tend to the same object; and that they form a whole which should inspire the greatest confidence in their results and the effect which they cannot fail to produce.

It is especially important that you should draw the attention of the ministry, to two results of the new system, which will be beneficial to all Europe.

The Powers of Europe, who combined their efforts against the destructive consequences as well as against the principles of the French revolution; who have replaced legitimacy and property on their ancient bases; who, by solemn treaties, have reciprocally guaranteed this state of things, are more than ever bound as a whole for every thing which relates to their internal tranquillity. One country cannot now be revolutionized, or threatened with revolution, without others being shaken or trembling lest they

should be so. The enemies of social order in the different countries of Europe are united together, not merely by identity of principles, but by the closest communications. Their guilty joys, their scandalous griefs, their fears and their hopes are every where the same; and, in this respect, there reigns among them a perfect community of goods. The sovereigns, who are the chief friends and protectors of social order, cannot flatter themselves with being able to combat their enemies with success, unless they are united in a profession of their principles, and in the same vigorous measures to defend them. It is not for themselves, it is for the people; it is not from the love of power, but out of attachment to liberty, that they ought to put in practice all means for maintaining their tutelary authority. They ought, therefore, to applaud what Germany has just done, and to follow her footsteps. It may be said, without exaggeration, that the tranquillity of Europe depends upon Germany, and the repose of Germany. By its geographical position this country is the centre, or rather the heart of Europe; and the heart cannot be injured or diseased without its being felt all over the body politic.

The measures adopted to give to the Germanic Confederation more unity, force and action, far from inspiring the neighbouring powers of Germany with apprehensions or jealousies, ought on the contrary to be highly agreeable to them, as they ought to see in them new guarantees of the general peace. The force of

the

the Germanic federation, like that of all federal unions established between powers of the first rank, will never be any thing but defensive. It will maintain its rights and its independence, but will never menace those of others; and the greater the power of Germany becomes, the more effectually it will extinguish in their birth or arrest in their progress all those projects which may be contrary to the tie of fraternity, or to the Holy Alliance which unites the states of Europe. Receive, Sir, the assurance of my greatest consideration.

BERNSTORFF.

Decree. The Supreme Director of the State of Chili.

Whereas, the state of Chili and the cause of liberty in America experience incalculable injuries from the facilities afforded by neutral vessels to the ports in Peru, which are under Spanish domination; and wishing to end the injuries which the inhabitants of Peru suffer from the oppressions of Spanish agents, and likewise the monopoly of Spanish commerce, exercised to the injury of all mercantile nations.

Therefore, I, Bernardo O'Higgins, supreme director of the state of Chili, in virtue of the authority given by the law of nations to every independent power, to diminish the resources of the enemy and to check his operations-I, by these presents, do declare and decree,

1. That all the ports and anchorages in the Pacific Ocean, reaching from the latitude south 21, 48, to 12, 42, be, and they are

[ocr errors]

hereby, blockaded by the Chilfan squadron, under the command of our admiral, lord Cochrane, that is, from Yquique to Guayaquil. The blockade to be commenced from the first day of March 1819, in conformity with the following regulations:

2. Neutral vessels of all nations, from Europe, from the United States, or from any British possessions in America, which shall be found entering in any of the ports comprehended in this decree, in seven months from this date, shall be notified of the blockade by the Commander-in-chief of the Chilian squadron, and after this formal notification, shall not be permitted to enter the said ports, nor have the least communication with them.

3. Equal notification will be given in five months from the above date to all neutral vessels coming from ports of Brazil; six months to those proceeding from the coasts and islands of Africa; one year to those proceeding from the ports of Asia; and three months to those from the coast of Rio de la Plata.

4. All neutral vessels on board of which shall be found warlike stores or enemies' property, officers, masters, supercargoes, or merchants, belonging to the countries under the dominion of the king of Spain, shall be sent to Valparaiso, to be adjudged according to the laws of nations.

5. As sufficient time has been given in the 2nd and 3rd articles in this decree to all friendly vessels, of whatever flag they may come under, to avoid the ports thus blockaded, any vessel

which shall be found contravening this decree, shall be sent to Valparaiso to be adjudged according to the law of nations.

6. All neutral vessels which shall be found navigating with double or false papers, and deficient in the necessary documents to establish the character of property, shall be considered as enemy's property and judged accordingly.

7. The present decree shall be published and circulated for the information of all concerned. Given at the directorial palace at St. Jago of Chili, sealed with the arms of the state, and countersigned by the secretary of Marine the 20th of April 1819, 2nd year of independence.

BERNARDO O'HIGGINS.

Jose Ignacio Zenteno, secretary.

Treaty of Amity, Settlement and Limits, between the United States of America and his Catholic Majesty.

The United States of America and his Catholic majesty, desiring to consolidate on a permanent basis the friendship and good correspondence which happily prevails between the two parties, have determined to settle and terminate all their differences and pretensions by a treaty which shall designate with precision, the limits of their respective bordering territories in North America.

With this intention the president of the United States has furnished with their full powers John Quincy Adams, secretary of state

of the said United States; and his Catholic majesty has appointed the most excellent Lord Don Luis de Onis Gonzalez Lopez y Vara, Lord of the town of Rayaces, Perpetual Regidor of the Corporation of the city of Salamanca, Knight Grand Cross of the Royal American Order of Isabella the Catholic, decorated with the Lys of La Vendee, Knight Pensioner of the Royal and distinguished Spanish order of Charles the Third, member of the Supreme Assembly of the said royal order of the council of his Catholic majesty, his secretary with exercise of decrees, and his envoy extraordinary and minister plenipotentiary near the United States of America.

And the said plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles:

Art. 1. There shall be a firm and inviolable peace and sincere friendship between the United States and their citizens, and his Catholic majesty, his successors and subjects, without exception of persons or places.

Art. 2. His Catholic majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him situate to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks and other buildings which are not private property, archives and documents which relate directly to the property and sovereignty of said provinces,

provinces, are included in this article. The said archives and documents shall be left in possession of the commissaries, or officers of the United States duly authorized to receive them.

Art. 3. The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine in the sea, continuing north, along the north, along the western bank of that river, to the 32nd degree of latitude; thence by a line due north to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Redriver; thence following the course of the Rio Roxo westward, to the degree of longitude 100 west 100 west from London and 23 from Washington; then crossing the said Red-river and running thence by a line due north to the river Arkansas; thence following the course of the southern bank of the Arkansas to its source, in latitude 42 north; and thence by that parallel of latitude to the South sea; the whole being as laid down in Melish's map of the United States published at Fhiladelphia, improved to the 1st of January 1818. But if the source of the Arkansas river shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence along the said parallel to the South sea; all the islands in the Sabine and the said Red and Arkanzas rivers throughout the course thus described, to belong to the United States; but the use of the waters and navigation of the Sabine to

the sea, and of the said rivers Roxo and Arkansas throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations. The two high contracting parties agree to cede and renounce all their rights, claims and pretensions to the territories described by the said line: that is to say, The United States hereby cede to his Catholic majesty, and renounce for ever all their rights, claims and pretensions to the territories lying west and south of the abovedescribed line; and in like manner his Catholic majesty cedes to the said United States all his rights, claims and pretensions to any territories east and north of the said line, and for himself, his heirs and successors, renounces all claim to the said territories for ever.

Art. 4. To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet, before the termination of one year from the date of the ratification of this treaty, at Natchitoches on the Red-river, and proceed to run and mark the said line from the mouth of the Sabine to the Red-river, and from the Red-river to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the line of latitude 42 to the South sea; they shall make out plans and keep journals of their proceedings, and the result agreed, upon by them shall be considered as

part

part of this treaty, and shall have the same force as if it were inserted therein. The two governments will amicably agree respecting the necessary articles to be furnished to those persons and also to their respective escorts, should such be deemed necessary.

Ärt. 5. The inhabitants of the ceded territories shall be secured in the free exercise of their religion without any restriction; and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects at any time whatever, without being subject in either case to duties.

Art. 6. The inhabitants of the territories which his Catholic majesty cedes to the United States by this treaty shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal constitution, and admitted to the enjoyment of all the privileges, rights and immunities of the citizens of the United States.

Art. 7. The officers and troops of his Catholic majesty in the territories hereby ceded by him to the United States shall be withdrawn, and possession of the places occupied by them shall be given within 6 months after the exchange of the ratifications of this treaty, or sooner, if possible, by the officers of his Catholic majesty to the commissioners or officers of the United States duly appointed to receive them; and the United States shall furnish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havannah.

Art. 8. All the grants of land made before the 24th of January 1818, by his Catholic majesty or by his lawful authorities in the said territories ceded by his ma jesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of his Catholic majesty. But the owners in possession of such lands, who, by reason of the recent circumstances of the Spanish nation and the revolutions in Europe have been prevented from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same respectively, from the date of this treaty; in default of which, the said grants shall be null and void. All grants made since the said 24th of January 1818, when the first proposal on the part of his Catholic majesty for the cession of the Floridas was made, are hereby declared and agreed to be null and

[ocr errors]

void.

Art. 9. The two high contracting parties, animated by the most earnest desire of conciliation, and with the object of putting an end to all the differences which have existed between them, and of confirming the good understanding which they wish to be for ever maintained between them, reciprocally renounce all claims for damages or injuries which they themselves, as well as their respective citizens and subjects, may have suffered until the time of signing this treaty.

1. The renunciation of the United States will extend to all

the

« ՆախորդըՇարունակել »