Condition of Spanish South America. by an honorable capitulation.-City of Cordova, for navigation, according to the orders of the Em 24th of August, 1821. AUGUSTIN DE ITURBIDE. JUAN O'DONOJU. A faithful copy of the original: JOSE DOMINGUEZ. peror. ART. 8. The Secretary of Despatch of War and Marine, and that of the Treasury, in what concerns those branches, shall send to him for his information the imperial orders which have been A faithful copy of the original which remains sent by the ministers relative to them. in this commandancy general: JOSE J. DE HERRERA, Decree of the Regency of Mexico. The Regency of the Empire has been pleased to address to me the following decree: The Regency of the Empire, provisional Governor in absence of the Emperor, to all who shall see or hear these presents: Know ye, that the Sovereign Junta of Provisional Government has de creed as follows: ART. 9. Preserving the état major of the army, under the plan which is approved, according to the proposition of the generalissmo himself, he shall name two generals, who, as chiefs of it, may communicate the orders which they give; and may also pursue, in their name, the correspondence with the Secretaries of State, for facilitating the expedition of business. ART. 10. When the état major of marine is formed, he shall appoint one of the generals mentioned in the former article, or shall appoint a third, if the multiplicity of business require it, for the discharge of the duties, and attaining the ends mentioned. ART. 11. He shall have the title of Highness; but, in official letters which may be addressed to him, the aforesaid signature shall be omitted, to preserve this distinction for the Regency. ART. 13. When he goes out, there shall go before four body guards, and behind an escort of twenty men, commanded by their officer. "In consequence of the desire expressed in the official letter of the 23d of October last, by his Excellency D. Augustin de Iturbide, that this Sovereign Junta would be pleased to determine the powers and duties belonging to him as Admiral ART. 12. His guard shall be composed of two Generalissimo, for the laudable purpose of not exceeding in the former, nor coming short in the lat-present arms and beat a march. This guard shall companies of infantry, with a banner, which shall ter, His Majesty has thought fit to declare that the only do honors to the persons of the imperial family. prerogatives, powers, and honors, designated in the fifteen following articles, belong exclusively to him. ARTICLE 1. He shall have command of the forces by sea and land, comprehending in his government the economical and administrative, according to the laws; consequently, all propositions of office, in both branches, shall pass through his hand, of officers and chiefs, from those of brigadier, inclusive, downwards, in the land army, and the equivalents in the other branches. He shall propose also for the governments of garrisons, commanders of provinces, captains general, and shall countersign the despatches of all these offices, receiving them from the Emperor, and passing them to the Secretary of War for their progress. ART. 2. He shall direct the instruction of mili ART. 14. In the court and residence of the Emperor, the posts of the place shall do him correspondent honors. ART. 15. On his entrance into, and departure from, the fortresses, and garrisons, the troops shall be drawn up, and the artillery shall salute him with twenty-one guns, he having in every thing, by sea and land, supreme military honors. The Regency shall take the charge of disposing its execution; and that it be printed, published, and circulated. Mexico, 14th November, 1821, (first of the in tary colleges, and of corps of all the armories of dependence of this empire.) the army and marine. ART. 3. The inspection of the manufactures of gunpowder, arms, munitions, and clothing, shall be his province, with every thing else which relates to those branches. Also, he shall have charge of all that relates to arsenals, artillerists, manufactures, &c. belonging to the marine. ART. 4. He shall watch over the disbursement of the military treasury for sea and land, and the just distribution of the funds destined for those branches. ART. 5. He shall attend to the distribution and movements of the land and sea forces, according to the orders of the Emperor which he may receive for that purpose. ART. 6. He shall be the protector of commerce, navigation, police, and the works of the ports, as well as of the fortifications of the fortresses of the empire, with the powers of admiral. ART. 7. He shall grant passports and licenses J. M. G. Y ALCOZER, President. To the REGENCY of the Empire. Therefore, we command all tribunals, justices, M. VELASQUEZ DE LEON, Condition of Spanish South America. offspring, which has now become capable of receiving other aliment than milk; if the chick whose wings have grown flies alone, and no longer suffers itself to be conducted by the bird which formerly transported it; if the pubescent virgin consents to the nuptials which compel her to abandon the paternal dwelling, in order to form a new family; is it not just that America, having acquired the strength which justifies it, should emancipate herself? It has been long since she arrived at her youth; but it has also been long since assent was refused to her emancipation; for, before that was accomplished, she had attained the age of virility, which justifies it still more. The qualifications which demonstrate that age are to be found in her, both the moral ones of refinement and intelligence, and the physical ones of arms and population. The increase of their families alone prevented Abraham and Lot from dwelling in common, and they took different routes in order to live separate. Why, then, deny to America the justice which may assist her in emancipating herself, supposing this to be her situation and circumstances? Must she not listen to the voice of nature, which speaks to her even through her insensible organs? May she not burst, like the plant, the teguments which covered her when young? Must she be forever in pupilage, though at the age of puberty? and must she remain a child of the family even when she is both able and willing to shake off the paternal authority? But even this is not all: nature tells her still more, especially through the organ of reason. After the long night of three ages in which America has lain plunged in darkness, the aurora of her felicity at last burst forth; that day dawned for which she had sighed, and which she desires may be perpetual. This consummation would never have been obtained if it had not been founded in justice, or if justice herself were not to be the base of the Government which is to consolidate it. But the Junta has the satisfaction to announce that both considerations are combined in the emancipation which we have accomplished. Nature has marked out the territories of nations by rivers, mountains, and other boundaries, which establish their limits. How many States are divided by the Po and the Rhine, as the Alps and the Pyrenees divide France from Italy and from Spain. From this last, immense seas and a vast distance divide America-distances which not only make them different as kingdoms, but establish them as belonging to two different worlds. Policy must necessarily conform to the order of nature; and as it would be monstrous to put in the same space the contrary elements of fire and water, it is equally so to unite in one province people who are distinct and distant, especially if that difference and dis- Whenever the bird can force the door of its cage, tance extend to the extremity of the two worlds. or any other animal break the ligaments which Since, then, it embraces all the contrarieties which confine it, they do not hesitate a moment in doing climate can originate, two vast globes and oppo- so, for reason teaches them to seek their own site movements cannot revolve without embarrass- happiness. This is what justifies still more the ment upon one axis, but each requires its own. independence of America. She has been able In the same manner, two empires of distinct and to burst her fetters in order to acquire her libopposite qualities require two Governments, with-erty, and to escape from the yoke which impeout being susceptible of being united in one, which ded her prosperity, and placed her labor, industry, is never sufficient to govern both well. commerce, and all her movements, within such bounds and restraints as might enfeeble them, in order to make preponderant the importance of the mother country, or rather in order that the sole and absolute power might be vested in the latter. Between the power and performance in this case, and with respect to such high and interesting objects as are dictated by nature and demonstrated by reason, there ought to be no space whatever, for they immediately touch each other. If occasionally, the order of nature is violated, in departing from the boundaries she fixes, it must happen, as with fire enclosed in the mines, that an explosion will finally take place. The two Spains, Old and New, or, which is the same thing, Castile and Mexico, which have hitherto borne those names, belong to distinct regions of the earth, to different portions of the globe, to opposite zones of the sphere-differences which at once evince the justice of their separation. If they have been united, as Esau and Jacob in the womb of Rebecca, and have long remained so, this alone, giving to the latter her growth, has rendered it necessary that they should separate, as these twins did, first in the maternal bosom, and afterwards in their descendants. The growth of nations constitutes, successively, their youth and virility-ages which demand their separation. It is very natural that when a nation has arrived at these ages, she should refuse to depend upon one whose assistance she no longer needs, in order to act for herself. If even among brutes, the teats of the dam are forsaken by thei The Provisional Board of Government, installed for these purposes, in consequence of their attainment and the occupation of the capital, has no other view than them. It has been assembled in order to found, perfect, and perpetuate them. The fundamental principles of government which they have adopted appertain to the first; the mode of procedure upon which they have resolved to the second; the ties and ligaments which they have proposed to themselves to the third; and they expose it all to the people, in order that they may judge of the sincerity and propriety of their intentions and conduct. The foundations should correspond to the edi Condition of Spanish South America. fice, and are what give it its principal strength. The principles of government which have been adopted conformably to the plan of Iguala and the treaty of Cordova are those received by the most illustrious nations. A representative in preference to an absolute government, a limited monarchy, and a constitutional system with which we are already acquainted, are the fundamental maxims, the angular stone of our edifice. There is nothing to apprehend from the ideas opposed to these, nor from those which will not bear the light of day. Those which animate us are purely liberal. Until the meeting of the Cortes, the Spanish constitution and laws will be observed, so far as they are not inapplicable to the peculiar situation of the country. The plan of operations or mode of proceeding of the Junta has been to appoint a Regency to exercise the executive power, reserving to itself the legislative power for such purposes as cannot be delayed until the meeting of the Cortes, to whom this branch of the Government appertains. Had the Junta assumed this power in its whole extent, it would have usurped it from the people; but if it were not to exercise it provisionally in cases of urgency, the Government would remain defective; the necessities of the moment could not be provided for, nor the thousand junctures which may present themselves be met. to relate what all and each of its individuals have performed the actions which have signalized many of the soldiers and chiefs, especially the first, who animated the rest? What reward can we give them, or what can recompense their beneefits? as Tobias the youth demanded of his father, speaking of his benefactor. We have no other choice, inasmuch as reward is impossible, but to manifest to them our gratitude; to which end many steps have been taken, and others will continue to be taken. Finally, the bonds which the Junta has proposed to itself, in order to insure and prolong our independence, are, besides the union of the inhabitants of the empire, which constitutes one of the guarantees, an alliance, federation, and commerce with other nations. The Spanish nation, to whom we owe our origin, and to whom we are attached by the closest ties, ought to be the first and most privileged in our consideration. We do not content ourselves with the mere family connexion which results from calling one of their princes of the royal blood to our empire. We aspire to more; we desire to unite ourselves in a fraternity which may turn to the advantage of the whole nation, and let it know that our political independence, to which we have been compelled by the causes set forth, does not loosen the bonds which unite us, nor cool our affections, which ought to be the more sincere, in order to destroy all resentment. We desire, then, that our fraternity may be made known to the whole world; that European Spaniards, in virtue of that title alone, may domiciliate themselves in our country, subjecting themselves to its laws, and under the inspection of our Government; that our ports may be opened to them for the purposes of trade in such a manner as may be arranged by our laws, and that a preference may be given to them as far as possible above other nations; that there may be established between them and us, if practicable and agreeable to them, a good reciprocal understanding, regu To obviate both the one and the other, they have already prescribed to themselves a rule not to sanction any thing, even provisionally, unless its nature is such that it will not admit of being delayed until the meeting of the Cortes, to whom every thing else is referred. The wisdom of their measures, which involves the perfection of the liberty and happiness of the people, depends upon the choice which they may make of proper representatives. The province of this board is to inform them on the subject, in order that, all passions being laid aside, and intrigue and party spirit banished, they may have no other end in view than the welfare of the country. For this the Junta is now laboring, and to take such meas-lated by definitive treaties; and that in every ures that the Congress may be assembled in as short time as possible. In the mean time, the public debt, so called, has been acknowledged, and ordered to be paid as soon as affairs are in a condition to do so; at the same time, a stop has been put to the arbitrary contributions with which the inhabitants were oppressed without any advantage to the treasury. The first fact is announced for the satisfaction of the creditors, the second for that of the public, and both as an evidence of the proceedings of the Government. Would it were possible for the latter to pay another debt much greater, and of a superior kind, of which it confesses itself a debtor. Such is that of the deserving army, which, animated by the purest patriotism, and braving dangers and difficulties at the expense of inexpressible sacrifices, have consummated the arduous undertaking which Heaven was pleased to protect and crown with success. But there is no tongue to express what it deserves, no hand to remunerate its services. Who is there competent thing there may appear the most cordial amity. With regard to foreign nations, we shall preserve harmony with all, commercial relations and others, as may be expedient. The Junta congratulates itself that the people of the Empire will perceive, in what has been set forth, at least their wishes for a successful result, which they expect from the patriotism and intelligence of the inhabitants, who may suggest to it whatever they deem conducive to a better government, which the Junta will hold in due consideration. ANTONIO, BISHOP OF PUEBLA, J. J. E. DE LOS MONTEROS, To the Senate of the United States: I transmit to the Senate, agreeably to their resolution of yesterday, a report from the Secretary of Condition of Spanish South America. State, with copies of the papers requested by that WASHINGTON, April 26, 1822. DEPARTMENT OF STATE, April 25, 1822. The Secretary of State, to whom has been referred a resolution of the Senate of this day, requesting the President to communicate to the Senate any information he may have, proper to be disclosed, from our Minister at Madrid, or from the Spanish Minister resident in this country, concerning the views of Spain relative to the recognition of the independence of the South American colonies, and of the dictamen of the Spanish Cortes, has the honor to submit to the President copies of the papers particularly referred to. JOHN QUINCY ADAMS. Don Joaquin de Anduaga to the Secretary of State. WASHINGTON, March 9, 1822. SIR: In the National Intelligencer of this day, I have seen the Message sent by the President to the House of Representatives, in which he proposes the recognition by the United States of the insurgent Governments of Spanish America. How great my surprise was, may be easily judged by any one acquainted with the conduct of Spain towards this Republic, and who knows the immense sacrifices which she has made to preserve her friendship. In fact, who could think that, in return for the cession of her most important provinces in this hemisphere; for the forgetting of the plunder of her commerce by American citizens; for the privileges granted to their navy; and for as great proofs of friendship as one nation can give another, this Executive would propose that the insurrection of the ultramarine possessions of Spain should be recognised? And, moreover, will not his astonishment be augmented to see that this Power is desirous to give the destructive example of sanctioning the rebellion of provinces which have received no offence from the mother country to those whom she has granted a participation of a free constitution, and to whom she has extended all the rights and prerogatives of Spanish citizens? In vain will a parallel be attempted to be drawn between the emancipation of this Republic and that which the Spanish rebels attempt; and history is sufficient to prove that, if a harassed and persecuted province has a right to break its chains, others, loaded with benefits, elevated to the high rank of freemen, ought only to bless and embrace more closely the protecting country which has bestowed such favors upon them. But even admitting that morality ought to yield to policy what is the present state of Spanish America, and what are its Governments, to entitle them to recognition? Buenos Ayres is sunk in the most complete anarchy, and each day sees new despots produced, who disappear the next. Peru, conquered by a rebel army, has near the gates of its capital another Spanish army, aided by part of the inhabitants. In Chili, an individual suppresses the sentiments of the inhabitants, and his violence presages a sudden change. On the coast of Firma, also, the Spanish banners wave, and the insurgent Generals are occupied in quarrelling with their own compatriots, who prefer taking the part of a free Power to that of being the slave of an adventurer. In Mexico, too, there is no Government; and the result of the questions which the chiefs commanding there have put to Spain is not known. Where, then, are those Governments which ought to be recognised? where the pledges of their stability? where the proof that those provinces will not return to a union with Spain, when so many of their inhabitants desire it? and, in fine, where the right of the United States to sanction and declare legitimate a rebellion without cause, and the event of which is not even decided? I do not think it necessary to prove that, if the state of Spanish America were such as it is represented in the Message; that if the existence of its Governments were certain and established; that if the impossibility of its reunion with Spain were so indisputable; and that if the justice of its recognition were so evident, the Powers of Europe, interested in gaining the friendship of countries so important for their commerce, would have been negligent in fulfilling it. But, seeing how distant the prospect is of even this result, and faithful to the ties which unite them with Spain, they await the issue of the contest, and abstain from doing a gratuitous injury to a friendly Government, the advantages of which are doubtful, and the odium certain. Such will be that which Spain will receive from the United States, in case the recognition proposed in the Message should take effect; and posterity will be no less liable to wonder that the Power which has received the most proofs of the friendship of Spain should be the one delighted with being the first to take a step which could have only been expected from another that had been injured. Although I could enlarge upon this disagreeable subject, I think it useless to do so, because the sentiments which the Message ought to excite in the breast of every Spaniard can be no secret to you. Those which the King of Spain will experience at receiving a notification so unexpected will be doubtless very disagreeable; and at the same time that I hasten to communicate it to His Majesty, I think it my duty to protest, as I do solemnly protest, against the recognition of the Governments mentioned, of the insurgent Spanish provinces of America, by the United States, declaring that it can in no way now, or at any time, lessen or invalidate in the least the right of Spain to the said provinces, or to employ whatever means may be in her power to reunite them to the rest of her dominions. I pray you, sir, to be pleased to lay this protest before the President, and I flatter myself that convinced of the solid reasons which have dictated it, he will suspend the measure which he has proposed to Congress, and that he will give to His Catholic Majesty this proof of his friendship and of his justice. Condition of Spanish South America. I remain, with the most distinguished consideration, praying God to guard your life many years, your most obedient humble servant, JOAQUIN DE ANDUAGA. JOHN Q. ADAMS, Sec. of State. The Secretary of State to the Minister from Spain. SIR: Your letter of the 9th of March was, immediately after I had the honor of receiving it, laid before the President of the United States, by whom it has been deliberately considered, and by whose direction I am, in replying to it, to assure you of the earnestness and sincerity with which this Government desires to entertain and to cultivate the most friendly relations with that of Spain. This disposition has been manifested not only by the uniform course of the United States in their direct political and commercial intercourse with Spain, but by the friendly interest which they have felt in the welfare of the Spanish nation, and by the cordial sympathy with which they have witnessed their spirit and energy exerted in maintaining their independence of all foreign control and their right of self-government. may yet be disposed or enabled to use, with the view of reuniting those provinces to the rest of her dominions. It is the mere acknowledgment of existing facts, with the view to the regular establishment with the nations newly formed of those relations, political and commercial, which it is the moral obligation of civilized and christian nations to entertain reciprocally with one another. It will not be necessary to discuss with you a detail of facts upon which your information appears to be materially different from that which has been communicated to this Government, and is of public notoriety, nor the propriety of the denominations which you have attributed to the inhabitants of the South American provinces. It is not doubted that other and more correct views of the whole subject will very shortly be taken by your Government, and that it, as well as the other European Governments, will show that deference to the example of the United States which you urge it as the duty or the policy of the United States to show to theirs. The effect of the example of one independent nation upon the councils and measures of another can be just only so far as it is voluntary; and as the United States desire that their example should be followed, so it is their intention to follow that of others upon no other principle. They confidently rely that the time is at hand when all the Governments of Europe friendly to Spain, and Spain herself, will not only concur in the acknowledgment of the independence of the American nations, but in the sentiment that nothing will tend more effectually to the welfare and happiness of Spain than the universal concurrence in that recognition. I pray you, sir, to receive the assurance of my distinguished consideration. JOHN QUINCY ADAMS. Don J. DE ANDUAGA, Envoy, &c. In every question relating to the independence of a nation, two principles are involved: one of right, and the other of fact; the former exclusively depending upon the determination of the nation itself, and the latter resulting from the successful execution of that determination. This right has been recently exercised, as well by the Spanish nation in Europe, as by several of those countries in the American hemisphere which had for two or three centuries been connected as colonies with Spain. In the conflicts which have attended these revolutions, the United States have carefully abstained from taking any part respecting the right of the nations concerned in them to maintain or newly organize their own political constitutions, Don Joaquin de Anduaga to the Secretary of State. and observing, wherever it was a contest by arms, PHILADELPHIA, April 11, 1822. the most impartial neutrality. But the civil war in which Spain was for some years involved with the SIR: I have had the honor of receiving your inhabitants of her colonies in America has, in sub-note of the 6th instant, in which you were pleased stance, ceased to exist. Treaties equivalent to an acknowledgment of independence have been concluded by the commanders and viceroys of Spain herself with the republic of Colombia, with Mexico, and with Peru; while, in the provinces of La Plata and in Chili, no Spanish force has for several years existed to dispute the independence which the inhabitants of those countries had declared. to inform me that this Government has recognised the independence of the insurgent provinces of Spanish America. I despatched immediately to Spain one of the secretaries of this legation to carry to His Catholic Majesty news as important as unexpected; and, until I receive his royal orders upon the subject, I have only to refer to my protest of the 9th of March last, still insisting upon its contents as if its substance were repeated in the present note. With the greatest respect, I renew the assurance of my distinguished consideration. JOAQUIN DE ANDUAGA. Under these circumstances, the Government of the United States, far from consulting the dictates of a policy questionable in its morality, has yielded | to an obligation of duty of the highest order, by recognising as independent states nations which, after deliberately asserting their right to that character, had maintained and established it against Extract of a letter from Mr. Forsyth to the Secretary all the resistance which had been or could be brought to oppose it. This recognition is neither intended to invalidate any right of Spain, nor to affect the employment of any means which she of State, dated MADRID, February 14, 1822. I have the honor to enclose to you a hurried translation of the last dictamen of the commission |