« ПретходнаНастави »
with a request that it might he re- message of 8th March, 1822, decognized by the government of the clared his own persuasion that the United States, and a proposal for time had arrived when, in strict the negotiation of treaties of com- conformity to the law of nations inerce and navigation, founded up and in the fulfilment of the duties on the basis of reciprocal utility of equal and impartial justice to and perfect equality, as the most all parties, the acknowledgment of efficacious means of strengthening the independence declared by the and increasing the relations of amity Spanish American colonies could between the two republics.
no longer be withheld. Both houses The request and proposal were of congress having almost unanirenewed in a letter from Mr. Torres, mously concurred with these views of the 30th of November, 1821, and of the president, an appropriation again repeated on the 2d of Janu. was made by law, (4th May, 1822,) ary, 1822. In the interval, since for such missions to the indepenthe first demand, the general con- dent nations on the American congress of the new republic had as- tinent, as the president should deem sembled, and formed a constitu- proper. tion, founded upon the principles On the day after the president's of popular representation, and di- message of the 8th of March, the vided into legislative, executive, Spanish minister, Anduaga, adand judicial authorities. The go- dressed to this department a revernment, under this constitution, monstrance against the measure had been organized, and was in which it recommended, and a sofull operation; while, during the lemn protest against the recognisame period, the principal remnant tion of the governments mentionof the Spanish force had been de- ed, of the insurgent Spanish prostroyed by the battle of Carabobo, vinces of America. He was anand its last fragments were confined swered on the 6th of April, by a to the two places of Porto Cabello letter recapitulating the circumand Panama.
stances under which the governUnder these circumstances, a ment of the United States had resolution of the house of repre- “yielded to an obligation of duty of sentatives of the United States, on the highest order, by recognizing, as the 30th of January, 1822, request independent states, nations which, ed of the president to lay before after deliberately asserting their the house the communications from right to that character, had mainthe agents of the United States, tained and established it against all with the governments south of the the resistance which had been, or United States, which had declared could be, brought to oppose it." their independence; and those On the 24th of April, he gave infrom the agents of such govern- formation that the Spanish governments here, with the secretary of ment had disavowed the treaty of state, tending to show the political 24th August, 1821, between the condition of their governments, and captain-general O'Donoju and cothe state of the war between them lonel Iturbide, and had denied the and Spain. In transmitting to the authority of the former to conclude house the papers called for by this it. resolution, the president, by his. On the 12th of February, 1820. the Spanish extraordinary cortes an appropriation for the missions, adopted the report of a committee was before congress; and, on the proposing the appointment of com- 25th of April, a resolution of the missioners to proceed to South senate requested of the president America to negotiate with the re- any information he might have, volutionary patriots concerning the proper to be disclosed, from our relations to be established there. minister at Madrid, or from the after, in regard to their connection Spanish minister, resident in this with Spain. They declared, at the country, concerning the views of same time, all treaties made with Spain relative to the recognition them before that time, by Spanish of the independence of the South commanders, implying any acknow. American colonies, and of the dicledgment of their independence, tamen of the Spanish cortes. In null and void, as not having been answer to this resolution, the letauthorised by the cortes ; and on ter from Mr. Anduaga, protesting the next day, they passed three re against the recognition, and one solutions, the first annulling, ex- from Mr. Forsyth, enclosing a pressly, the treaty between O'Do- translation of the dictamen, were noju and Iturbide.
transmitted to the senate, which, The second, " That the Spanish with all these documents before government, by a declaration to all them, gave their concurrent sancothers with which it has friendly tion, with that of the house of rerelations, make known to them, presentatives, to the passage of the that the Spanish nation will regard, bill of appropriation. at any epoch, as a violation of the This review of the proceedings treaties, the recognition, either of the government of the United partial or absolute, of the indepen- States, in relation to the independence of the Spanish provinces of dence of Spanish America, has ultramer, so long as the dissensions been taken to show the consistwhich exist between some of them, ency of the principles by which and the metropolis, are not termi- they were uniformly dictated, and nated, with whatever else may serve and that they have been always to convince foreign governments, eminently friendly to the new rethat Spain has not yet renounced publics, and disinterested. While any of the rights belonging to it in Spain maintained a doubtful conthose countries.".
test, with arms, to recover her doThe third resolution recommend- minion, it was regarded as a civil ed to the government to take all war. When that contest became necessary measures, and to apply so manifestly desperate, that Spato the cortes for the needed re- nish vice-roys, governors and capsources, to preserve and recover tains-generals themselves, concluthe authority of Spain in the ultra- ded treaties with the insurgents, marine provinces.
virtually acknowledging their indeThese measures of the cortes pendence, the United States frankly were not known to the president of and unreservedly recognized the the United States when he sent to fact, without making their acknowcongress his message of the 8th of ledgment the price of any favor to March. But information of them themselves, and although at the hawas received while the bill, making zard of incurring the displeasure
of Spain. In this measure, they intention to boast of our superior have taken the lead of the whole purity, or to lay a claim of merit civilized world : for, although the to any extraordinary favor from Portuguese Brazilian government South America in return. Disinbad, a few months before, recog- terestedness must be its own renized the revolutionary government ward; but, in the establishment of of Buenos Ayres, it was at a mo- our future political and commercial ment when a projected declaration intercourse with the new republics, of their own independence made it will be necessary to recur often the question substantially their own to the principles in which it origicause, and it was presented as an nated; they will serve to mark the equivalent for a reciprocal recog- boundaries of the rights which we nition of their own much more may justly claim in our future relaquestionable right to the eastern tions with them, and to counteract shore of La Plata.
the efforts which, it cannot be On the 17th day of June, 1822, doubted, European negotiators will Mr. Manuel Torres was received continue to make in the furtherby the president of the United ance of their monarchial and moStates as the charge d'affaires from nopolizing contemplations. the republic of Colombia, and the Upon a territory by one halt immediate consequence of our re- more extensive than the whole incognition was the admission of the habited part of the United States, vessels of the South American na- with a population of less than four tions, under their own colors, into millions of souls, the republic of the ports of the principal maritime Colombia has undertaken to estanations of Europe.
blish a single, and not a confedeThe European alliance of em- rated government. perors and kings have assumed, as Whether this attempt will be the foundation of human society, found practicable in execution, the doctrine of unalienable alle- may be susceptible of doubt; but giance. Our doctrine is founded in the new organization of society, upon the principle of unalienable upon this hemisphere, even unsucright. The European allies, there- cessful experiments lead to results fore, have viewed the cause of by which the science of governthe South Americans as rebellion ment is advanced, and the happiagainst their lawful sovereign. We ness of man is promoted. The rehave considered it as the assertion public of Colombia has a constiof natural right. They have inva- tution deliberately formed, and riably shown their disapprobation adopted upon principles entirely of the revolution, and their wishes republican, with an elective legis. for the restoration of the Spanish lature in two branches, a distribupower. We have as constantly tion of the powers of government, favored the standard of indepen- with the exception of the federadence and of America. In con- tive character, almost identical trasting the principles and the mo- with our own, and articles declatives of the European powers, as ratory of the natural rights of the manifested in their policy towards citizen to personal security, proSouth America, with those of the perty, and reputation, and of the United States, it has not been my inviolable liberty of the press, With such a constitution, in such is a full power which will authora country, the modifications which ise you to negotiate with any pleexperience may prove to be ne- nipotentiary or plenipotentiaries of cessary for rendering the political that government, duly provided institutions most effectually com- with like powers, such a treaty. petent to the ends of civil govern- The president wishes, however, ment, will make their own way by that every step in such negotiation peaceable and gradual conquests should be taken with full deliberaof public opinion. If a single go- tion. The treaty, if concluded, vernment should be found inade- must, as you are aware, be requate to secure and protect the served subject to ratification here, rights of the people living under with the advice and consent of the it, a federation of republics may, senate, by the constitutional mawithout difficulty, be substituted in jority of two thirds, as by the its place. Practical effect having constitution of Colombia, (article once been given to the principle, 120,) their treaties, to be valid, that lawful government is a com- must receive the consent and ap. pact, and not a grant, the pre- probation of their congress. tences for resorting to force for Our commercial relations with effecting political revolutions dis- the Colombian territory, are of so appear. The subordination of the recent origin, and have depended military to the civil power is the so much upon the revolutionary only principle yet remaining to be condition of that country under established in Colombia, to ensure which they have arisen, that our the liberties of the future genera knowledge of their state and chations as well as those of the pre- racter is very imperfect, although sent age; and that subordination, we are certain that they are altoalthough not directly guarantied by gether different from those which their present constitution, is alto- may be expected to arise from pergether conformable to its spirit. manent interests, when the inde
In the letter of the 20th Februa- pendence of the republic shall be ry, 1821, from the late Mr. Torres, universally recognized, and a free demanding the recognition of the trade shall be opened to its inhabirepublic of Colombia, it has been tants, with all parts of the world. observed, that the additional pro- The only important point now to posal was made, of negotiating be settled, as the radical principle - treaties of navigation and com- of all our future commercial intermerce, founded upon the basis of course, is the basis proposed by reciprocal utility and perfect equali- Mr. Torres, of reciprocal utility ty, as the most efficacious means of and perfect equality. As the nestrengthening and increasing the cessary consequence of which, you relations of amity between the two will claim that, without waiting for republics.”
the conclusion of a treaty, the comIn compliance with this propo- merce and navigation of the Unisal, among the documents furnished ted States, in the ports of the Coyou, for proceeding upon the mis- lombian republic, should be resion to which you have been ap- ceived on the footing of equality pointed, of minister plenipoten- with the most favored nation. It Jiary to the ropublic of Colombia, is hoped, indeed, that on your arrival at the place of your destina- States, by facilitating the indirect tion, you will find the principle al- trade between them and the Briready settled : assurances to that tish colonies in the West Indies. effect having been given by the the direct trade being then interminister of foreign relations to Mr. dicted by the laws of the United Todd.
States and of Great Britain. But By an act of the congress of Co- this trade was carried on more adlombia, of the 25th of September, vantageously to the United States, 1821, an impost duty of 7 per by the way of the Swedish, Danish, cent. was laid upon all articles im- and Dutch islands, than it could be ported from any part of America, by that of the Colombian ports, additional to the duty upon the and the object of favoring their like articles imported from Europe. own shipping appears more obThis discrimination was mentioned viously as the motive of the law, to Mr. Torres, at the time of his than that of favoring the comreception. He thought it had merce of the United States. The arisen only from an inadvertency, opening of the direct trade between and promised to write concerning the United States and the British it to his government. Mr. Todd islands, has, at all events, renderwas instructed to remonstrate ed all the provisions of the Colomagainst it, which he accordinglybian law of 27th September, 1821, did. From his correspondence inoperative; and assurances have and conferences relating to it, been given by Dr. Gual, that at the with the Colombian minister of meeting of the congress, which foreign relations, Dr. Gual, it ap-. was to take place in March last, pears that the object of the law measures would be taken for prowas, to burden with heavier duties curing the immediate repeal of the the indirect trade from Great Bri- discrimination, to the disadvantage tain and France, carried on through of the United States, prescribed the medium of the West India is- by the law of the 25th of Septemlands, and thereby to present to ber. those powers an inducement to ac- The spirit of the Colombian knowledge the independence of the constitution is explicitly that of republic. However just or rea- entire and unqualified independsonable this expedient might be, ence; and the sentiments expresswith reference to the relations be- ed by Dr. Gual to Mr. Todd, have tween the Colombian people and been altogether conformable to it. European nations, it was mani- He has declared, that the intention festly injurious to the United of the government is to treat all States, nor was its injustice in any foreign nations upon the footing of manner compensated by the pro- equal favor and of perfect reciprovisions of another law of the con- city. This is all that the United gress of 27th September, 1821, States will require, and this, so far allowing a drawback of duties up- as their interests are concerned, on re-exportations in their own ves- they have a right to exact. sels, of provisions imported from It had been, in the first instance, the United States. It is alleged proposed by Mr. Torres, that the by Dr. Gual, that the object of this treaty of commerce and navigation latter law was to favor the United should be negotiated here, and he