Слике страница
PDF
ePub

the fact, without making their Acknowledgment the price of any favour to themselves, and although at the hazard of incuring the displeasure of Spain. In this measure they have taken the lead of the whole Civilized World: for although the Portuguese Brazilian Government had, a few months before, recognized the Revolutionary Government of Buenos Ayres, it was at a moment when a projected Declaration of their own Independence made the Question substantially their own Cause, and it was presented as an equivalent for a reciprocal recognition of their own much more questionable right to the Eastern Shore of La Plata.

On the 17th day of June, 1822, Mr. Manuel Torres was received by The President of The United States, as the Chargé d'Affaires from the Republick of Colombia, and the immediate consequence of our recognition was the admission of the Vessels of the South American Nations, under their own Colours, into the Ports of the principal Maritime Nations of Europe.

The European Alliance of Emperors and Kings have assumed, as the foundation of human society, the doctrine of unalienable Allegiance. Our doctrine is founded upon the principle of unalienable Right. The European Allies, therefore, have viewed the Cause of the South Americans as Rebellion against their lawful Sovereign. We have considered it as the assertion of Natural Right. They have invariably shewn their disapprobation of the Revolution, and their wishes for the restoration of the Spanish Power. We have as constantly favoured the Standard of Independence, and of America. In contrasting the principles and the motives of the European Powers, as manifested in their policy towards South America, with those of The United States, it has not been my intention to boast of our superior purity, or to lay a claim of merit to any extraordinary favour from South America in return. Disinterestedness must be its own reward; but, in the establishment of our future Political and Commercial intercourse with the New Republicks, it will be necessary to recur often to the Principles in which it originated; they will serve to mark the boundaries of the rights which we may justly claim in our future relations with them, and to counteract the efforts which, it cannot be doubted, European Negotiators will continue to make, in the furtherance of their monarchical and monopolizing contemplations.

Upon a Territory, by one-half more extensive than the whole inhabited part of The United States, with a population of less than 4,000,000 of Souls, the Republick of Colombia has undertaken to establish a Single, and not a Confederated Government.

Whether this attempt will be found practicable in execution, may be susceptible of doubt; but in the new organization of society, upon this Hemisphere, even unsuccessful experiments lead to results by which the science of Government is advanced, and the happiness of Man is promoted. The Republick of Colombia has a Constitution deliberately [1825-26.]

2 H

formed and adopted upon principles entirely Republican, with an Elective Legislature in two branches, a distribution of the powers of Government, with the exception of the Federative Character, almost identical with our own, and Articles declaratory of the natural Rights of the Citizen to personal security, property, and reputation, and of the inviolable liberty of the Press. With such a Constitution, in such a Country, the modifications which experience may prove to be necessary for rendering the Political Institutions most effectually competent to the ends of Civil Government, will make their own way by peaceable and gradual conquests of publick opinion. If a Single Government should be found inadequate to secure and protect the Rights of the People living under it, a Federation of Republicks, may, without difficulty be substituted in its place. Practical effect having once been given to the principle, the lawful Government is a compact, and not a grant, the pretences for resorting to force for effecting Political Revolutions disappear. The subordination of the Military to the Civil Power is the only principle yet remaining to be established in Colombia, to ensure the liberties of the future Generations as well as those of the present Age; and that subordination, although not directly guaranteed by their present Constitution, is altogether conformable to its spirit.

In the Letter of 20th February, 1821, from the late Mr. Torres, demanding the recognition of the Republick of Colombia, it has been observed, that the Additional Proposal was made, of negotiating "Treaties of Navigation and Commerce, 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 Republics."

In compliance with this Proposal, among the Documents furnished you, for proceeding upon the Mission to which you have been appointed, of Minister Plenipotentiary to the Republic of Colombia, is a Full Power, which will authorize you to negotiate, with any Plenipotentiary or Plenipotentiaries of that Government, duly provided with like Powers, such a Treaty. The President wishes, however, that every step in such Negotiation should be taken with full deliberation. The Treaty, if concluded, must, as you are aware, be reserved, subject to Ratification here, with the advice and consent of the Senate, by the Constitutional majority of two-thirds, as, by the Constitution of Colombia, (Article 120,) their Treaties, to be valid, must receive the consent and approbation of their Congress.

Our Commercial Relations with the Colombian Territory, are of so recent origin, and have depended so much upon the Revolutionary condition of that Country, under which they have arisen, that our knowledge of their state and character is very imperfect, although we are certain that they are altogether different from those which may be expected to arise from permanent interests, when the Independence of

the Republick shall be universally recognized, and a free trade shall be opened to its Inhabitants, with all Parts of the World, The only important Point now to be settled, as the radical principle of all our future commercial intercourse, is the Basis proposed by Mr. Torres, of reciprocal utility and perfect equality. As the necessary consequence of which, you will claim that, without waiting for the conclusion of a Treaty, the Commerce and Navigation of The United States, in the Ports of the Colombian Republick, should be received on the footing of equality with the most favoured Nation. It is hoped, indeed, that on your arrival at the Place of your destination, you will find the principle already settled; assurances to that effect having been given by the Minister of Foreign Relations, to Mr. Todd.

By an Act of the Congress of Colombia, of the 25th of September, 1821, an impost Duty of 7 per Cent. was laid, upon all articles imported from any Part of America, additional to the duty upon the like articles imported from Europe. This discrimination was memtioned to Mr. Torres, at the time of his reception. He thought it had arisen only from an inadvertency, and promised to write concerning it to his Government. Mr. Todd was instructed to remonstrate against it, which he accordingly did. From his Correspondence and Conferences relating to it, with the Colombian Minister of Foreign Relations, Dr. Gual, it appears that the object of the Law was, to burden with heavier Duties the indirect trade from Great Britain and France, carried on through the medium of the West India Islands, and thereby to present to those Powers an inducement to acknowledge the Independence of the Republick. However just or reasonable this expedient might be, with reference to the Relations between the Colombian People and European Nations, it was manifestly injurious to The United States, nor was its injustice in any manner compensated, by the Provisions of another Law of the Congress, of 27th September, 1821, allowing a Drawback of Duties upon re-exportations in their own Vessels, of Provisions imported from The United States. It is alleged by Dr. Gual, that the object of this latter Law was to favour The United States, by facilitating the indirect trade between them and the British Colonies in the West Indies, the direct trade being then interdicted by the Laws of The United States, and of Great Britain. But this trade was carried on more advantageously to The United States, by the way of the Swedish, Danish, and Dutch Islands, than it could be by that of the Colombian Ports, and the object of favouring their own Shipping appears more obviously as the motive of the Law, than that of favouring the Commerce of The United States. The opening of the direct trade between The United States and the British Islands, has, at all events, rendered all the Provisions of the Colombian Law of 27th September, 1821, inoperative; and assurances have been given by Dr. Gual, that, at the

meeting of the Congress, which was to take place in March last, measures would be taken for procuring the immediate repeal of the discrimination, to the disadvantage of The United States, prescribed by the Law of the 25th September.

The spirit of the Colombian Constitution is explicitly that of entire and unqualified Independence; and the sentiments expressed by Dr. Gual to Mr. Todd, have been altogether conformable to it. He has declared, that the intention of the Government is to treat all Foreign Nations upon the footing of equal favour and of perfect reciprocity. This is all that The United States will require, and this, so far as their interests are concerned, they have a right to exact.

It had been, in the first instance, proposed by Mr. Torres, that a Treaty of Commerce and Navigation should be negotiated here, and he informed me that a Minister would be appointed, with Powers and Instructions sufficient for concluding it at this Place. Dr. Gual has informed Mr. Todd, that the views of the Colombian Government have since undergone a change; and although they have appointed Mr. Salazar as Envoy Extraordinary and Minister Plenipotentiary to The United States, and in March last he was under instructions to proceed forthwith upon his Mission to this Country, they were nevertheless, exceedingly desirous that the Treaty should be negotiated there.

The President deems it of no material importance to The United States whether the Treaty shall be negotiated at Washington or at Bogota: but the proposal having first been made for concluding it here, it was natural to inquire what it was that produced the change in the wishes of the Colombian Government with regard to the Seat of Negotiation. Dr. Gual intimated confidentially to Mr. Todd, that it had proceeded from two causes; one, the desire to establish a precedent, which might prevail upon the great European Governments to negotiate likewise with the Republick at its own Capital, and thereby hasten them to the recognition of Colombian Independence; and the other, a jealousy of their own Negotiators in Europe, who were apt to become themselves entangled with European intrigues, and to involve the Republick in unsuitable and perplexing engagements. With regard to the second of these causes, whatever occasion may have been given to the distrust of their own Agents, which it avows, it could have no application to their transaction with The United States. By assuming the Principles of independence, equality, and reciprocity, as the foundations of all our Negotiations, we discard all the incentives and all the opportunities for double-dealing, over-reaching, and corrupt caballing. We shall ask nothing which the Colombian Republick can have any interest to deny. We shall offer nothing for which she may be unwilling to yield the fair equivalent. To the other reason, however, The President the more readily accedes, because perceiving

its full force, it gives him an opportunity of manifesting, in action, the friendly disposition of The United States towards the Republick, and the readiness to promote, by all proper means, the recognition of its Independence, by the great European Powers.

In the Negotiation of all Commercial Treaties there is undoubtedly an advantage, at least of convenience, enjoyed by the Party which treats at home; and this advantage acquires greater importance, when, as is now the case with both Parties, the Treaty to become valid must obtain the assent of Legislative Assemblies. This advantage in the ordinary course of things accrues to the Party to whom the proposal of Negotiation is first made. Independent then of all Questions of precedence, and without resorting to the example of the first Treaties negotiated by The United States, both of which considerations have been mentioned by Mr. Todd to Dr. Gual, The United States might insist upon having the Negotiation concluded here, not only as the first proposal of it was made to them, but because the proposal itself was that it should be concluded here. The President, however, is well aware of the stimulus which a Treaty negotiated, and even a Negotiation known to be in progress, at Bogota, will apply to the attention of European interests, and has no doubt that it will press them to the recognition, more powerfully than they have been urged by the example, or are likely to be by the exhortations, of the North American Government. You are accordingly furnished, by his direction, with the Full Power, necessary for the conclusion of the Treaty.

Dr. Gual informed Mr. Todd, that the Project of the Treaty was already prepared, and that a Copy of it would be committed to Mr. Salazar, with Powers and Instructions authorizing him to conclude the Negotiation, if this Government should insist upon its being completed here. The arrival of Mr. Salazar may be expected from day to day. In the mean time, we are yet unacquainted with the particular objects of Commercial intercourse which the Colombian Government wishes to regulate with us by Treaty. The only object which we shall have much at heart in the Negotiation, will be the sanction by solemn compact of the broad and liberal Principles of independence, equal favours, and reciprocity. With this view I recommend to your particular attention, the Preamble, and the first Four Articles of the first Treaty of Amity and Commerce between The United States and France, concluded on the 6th of February, 1778. The Preamble is believed to be the first instance on the Diplomatic Record of Nations, upon which the true Principles of all fair Commercial Negotiation between Independent States, were laid down and proclaimed to the World. That Preamble was to the foundation of our commercial intercourse with the rest of mankind, what the Declaration of Independence was to that of our internal Government. The two Instruments were parts of one and the same System, matured by long and

« ПретходнаНастави »