IX. La Ciudad y Puerto de Maracaibo queda libre y expedita para las comunicaciones con los Pueblos del Interior, tanto para subsistencias, como para relaciones mercantiles; y los buques mercantes nuestros ó de Colombia que introduzcan efectos, no siendo armamentos ni pertrechos de guerra, ó los extraigan por aquel puerto para Colombia, serán tratados como Extrangeros, y pagarán como tales los derechos, sujetéandose á las leyes del Pais. Podrán ademas tocar en ella, salir y entrar por el Puerto, los Agentes ó Comisionados que el Gobierno de Colombia despache para España ó para los Paises Extrangeros, y los que reciba. X. La Plaza de Cartagena tendrá la misma libertad que la de Maracaibo, con respecto al comercio interior, y podrá proveerse de él durante el Armisticio para su poblacion y guarnicion. XI. Siendo el principal fundamento y objeto primario de este Armisticio la negociacion de la paz, de la cual deben recíprocamente ocuparse ambas Partes, se enviarán y recibirán por uno y otro Gobierno los Enviados ó Comisionados que se juzguen convenientes á aquel fin, los cuales tendrán el salvo conducto, garantia y seguridad personal que corresponde á su caracter de Agentes de Paz. XII. Si por desgracia volviese á renovarse la guerra entre ambos IX. The City and Port of Maracaibo shall remain free, and available as a channel of intercourse with the People of the Interior, both for the necessaries of life, and as regards mercantile transactions; and merchant Vessels belonging to Spain, or to Colombia, which may import goods, not being arms or warlike stores, or export the same from that Port for Colombia, shall be treated as Strangers, and as such shall pay duties and be subject to the Laws of the Country. The Agents or Commissioners appointed by the Government of Colombia, to proceed to Spain or to Foreign Countries, and those who may arrive in Colombia, shall be permitted to touch at Maracaibo, and to enter and leave the port. X. The Town and Fortress of Carthagena shall enjoy the same liberty as that of Maracaibo, with respect to the inland trade, and during the Armistice may engage in it, both for the use of its population and garrison. XI. The foundation and primary object of this Armistice being the negociation of peace, to the end whereof both Parties will be reciprocally employed, Envoys and Commissioners selected for this purpose shall be interchanged by each Government, and be entitled to a safe-conduct, and the guarantee of their personal security, corresponding to their character as Agents for Peace. XII. If War between the 2 Governments should unhappily be Gobiernos, no podrán abrirse las hostilidades sin que preceda un aviso, que deberá dar el primero que intente ó se prepare á romper el Armisticio. Este aviso se dará 40 dias antes que se egecute el primer acto de hostilidad. XIII. Se entenderá tambien por un acto de hostilidad el apresto de expedicion militar contra cualquier Pais de los que suspenden las armas por este Tratado; pero sabiendo que puede estar navegando una expedicion de guerra de Buques Españoles; no hay inconveniente en que queden haciendo el servicio sobre las costas de Colombia, en relevo de igual número de los que componen la Escuadra Española, bajo la precisa condicion que no desembarquen Tropas. XIV. Para dar al mundo un testimonio de los principios liberales y filantrópicos que animan à ambos Gobiernos, no menos que para hacer desaparecer los horro res y el furor que han caracterizado la funesta guerra en que estan envueltos, se comprometen uno y otro Gobierno á celebrar inmediatamente un Tratado que regularice la guerra, conforme al derecho de gentes y á las prácticas mas liberales, sabias y humanas de las Naciones civilizadas. XV. El presente Tratado deberá ser ratificado por una y otro parte dentro de 60 horas, y se comunicará inmediatamente á los Gefes de las Divisiones por Oficiales que se nombrarán al intento por una y otra parte. renewed, hostilities shall not recommence prior to an intimation given by the Party who intends or prepares itself to break the Armistice: this intimation shall be given 40 days before the commencement of the first act of hostility. XIII. The fitting out of any military expedition against any one of the Countries included in this Treaty, shall be deemed an act of hostility. It being supposed, however, that an armament of Spanish Vessels of War, may be at present on their way from Europe, the privilege shall not be refused to them of relieving an equal number of Vessels of War doing service on the coasts of Colombia, under the express condition that they shall not be allowed to disembark Troops. XIV. In order to give to the world a testimony of the liberal and philanthropic principles by which both Governments are actuated, no less than to eradicate the horrors and fury which have characterised the fatal contest in which they have been engaged, both Governments agree forthwith to enter into a Treaty, for the purpose of regulating the war, in conformity with the rights of Man, and the most generous, wise, and humane practices observed by civilised Nations. XV. The present Treaty shal! be ratified by both Parties within 60 hours, and shall be immediately communicated to the Chiefs of Divisions, by the Officers to be appointed on the part of the Two Governments for that purpose. Dado y firmado de nuestras manos en la Ciudad de Trujillo, á las 10 de la noche del dia 25 de Noviembre de 1820. RAMON CORREA. JUAN RODRI. DEL TORO. FRANCISCO GONZALEZ DE LINARES. ANTON. JOSEF DE SUCRE. PEDRO BRICENO MENDEZ. JOSEF GABRIEL PEREZ. El presente Tratado queda aprobado y ratificado en todas sus partes. Cuartel General de Carache, 26 de Noviembre de 1820. PABLO MORILLO. JOSEF CAPARROS, Secretario. Se aprueba, confirma y ratifica el presente Tratado en todas y cada una de sus partes. Dado, firmado, sellado con el sello provisional del Estado, y refrendado por el Ministro de la Guerra, en el Cuartel General de la Ciudad de Trujillo, á 26 de Noviembre de 1820. SIMON BOLIVAR. Por mandado de S. E. PEDRO BRICENO MENDEZ. Given and signed with our hands, in the City of Truxillo, at 10 o'clock at night, on the 25th day of November, 1820. RAMON CORREA. JUAN ROdri. del toRO. FRANCISCO GONZALEZ DE LINARES. ANTON. JOSEF De sucre. PEDRO BRICENO MENDEZ. JOSEF GABRIEL PEREZ. The present Treaty is approved and ratified in all its parts. Head-quarters, Carache, 26th November, 1820. PABLO MORILLO. JOSEF CAPARROS, Secretary. The present Treaty is approved, confirmed, and ratified, in all and each of its parts. Given, signed, sealed with the. Provisional Seal of the State, and countersigned by the Minister of War, at the Head Quarters in the City of Truxillo, the 26th of November 1820. SIMON BOLIVAR. By Order of His Excellency, PEDRO BRICENO MENDEZ. PAPERS relative to the Rupture of the preceding Armistice between the Spanish and Colombian Armies.—March 1821. (1.) General Bolivar to General de La Torre. (Translation.) Head Quarters, Bocono de Truxillo, 10th March, 1821. MOST EXCELLENT Sir, On arriving at this Place, I received a Dispatch from Barinas, from General Guerrero, Governor of that Province, and from Colonel Plaza, in which they inform me that the increase of the Hospitals and the diminution of provisions are becoming every day more considerable, and ascribe the scarcity of cattle to the Armistice, which has confined the traffic in this branch of trade to the Inhabitants of the Apure. In conclusion, these Gentlemen, in their Dispatch, have completed the measure of my affliction regarding the sufferings of the Army, and assure me that it is impossible it should continue many days more in that Territory; and as necessity is the first and most inexorable Law, I must submit to it. Between the doubtful issue of a campaign and the certain loss of our Army by plague and famine, there can be no hesitation. It is, therefore, my duty to make peace or to fight. If the Spanish Government desired our friendship, it has had time to dictate pacific measures by authorizing Senors Sartorio and Espelius to treat for Peace, on the basis of Independence, which it is notorious to the Universe has been our invariable object for the last 10 years. If this Government has done nothing more than return to a demand for an Armistice which had been refused in a solemn manner, it is a fresh proof of its constant adherence to its political principles, and of its continued assertion of its just and strongest claims. As the case provided for in the XIIth Article of the Armistice has arrived, I have the pain to announce to your Excellency that the Armistice will, therefore, cease from the receipt of this Letter; but if your Excellency, and the Commissioners Sartorio and Espelius, are invested with the necessary Powers to prevent the continuance of this lamentable War, I shall treat concerning Peace with joy and delight in the Capital of San Fernando, whither I am directing my march, with the intention of heading the largest portion of my Troops, and of shortening the distance between us, to facilitate our Communications. God preserve your Excellency many years. the Spanish Expeditionary Army of Terra Firma. (2.)-General de La Torre to General Bolivar. MOST EXCELLENT SIR, BOLIVAR. (Translation.) Head Quarters, Caraccas, 21st Mar. 1821. I HAVE the honour to acknowledge the receipt of your Dispatch of the 10th instant from Bocono de Truxillo, in which, without adverting to our pending discussions (as if they had no existence) respecting the events at Maracaibo, and the Negotiations entered into with the Commissioners of your Excellency,-Negotiations requested by yourself for the prolongation of the Armistice, on the basis which you had thought fit to prescribe, you intimate the alternative of a recognition of your Independence, or the continuance of the War. In this unexpected and extraordinary situation, the invariable system of candour and good faith which characterizes the Spanish Government, and from which I am determined never to depart, imposes upon me the duty of replying to your Excellency, that, in conformity with your Despatch, and in fulfilment of the XIIth Article of the Treaty of Armistice to which it refers, and having received the said Dispatch on the 19th of this month, the mili tary operations will recommence on the 28th of April next. The whole World, which has its eyes fixed upon us, and which has observed our conduct in the Negotiations undertaken for averting from these Countries the horrors of a fratricidal War, will form its judgment on the cause of the calamities which are again about to desolate these unfortunate Regions, and will not cast the weight of that fearful responsibility on the Spanish Government. God preserve your Excellency many years. MIGUEL DE LA TORRE. H. E. General Bolivar, Chief of the Republic of Colombia. (3).-Proclamation of General La Torre to the Inhabitants of Venezuela. Head Quarters, Caraccas, 23rd March, 1821. INHABITANTS OF these Provinces, (Translation.) In the midst of an Armistice scrupulously observed on our part, General Bolivar has announced the termination of it. Explanations were pending, which he himself had required of me on the 19th of February, respecting the affair of Maracaibo, and the Conferences between his Commissioners and those of His Majesty, which he had proposed, respecting the prolongation of the Convention, were still being held, when he suddenly intimated to me the alternative either of the recognition of his Government, or the renewal of the War, under the strange pretext that the Treaty of Truxillo was prejudicial to his Army, which was suffering considerably by it. General Bolivar well knew that this recognition was not in my power. Such was my decisive answer when the same demand was made in August last at San Christobal; and, upon that understanding, the Armistice was concluded, namely, that nothing could be done but to suspend hostilities, while his Commissioners proceeded to Madrid, to negotiate for that recognition, or to make other demands to which it was also not in my power to accede. No intimation more extraordinary or unreasonable was, therefore, ever heard of. Inhabitants of these Provinces; In fulfilment of the XIIth Article of the Armistice, the 40 stipulated days, anterior to its termination, commenced on the 19th Instant, the day on which I received the intimation. On the 28th of April, hostilities will consequently recommence on my part. New calamities return to oppress your Provinces-calamities brought on by the inconsiderateness of General Bolivar. The responsibility will not fall on the Spanish Government, which, in order to avert them, has given an unheard-of example of disinterestedness and generosity, and evinced in the most striking manner its patience and its good faith. You will soon be made acquainted with all the proceedings which have taken place. You will judge, and the World will judge, of them. Though the true causes of the strange and intemperate conduct which General Bolivar has pursued are still concealed, they will soon be known. Perhaps in them is compromised your honour, for it may be that the false relations of some perverse Men have inspired him with the same ideas and projects which led to his invasions of Clarines and Ocumares. Time will show. Under these circumstances, it is my duty to announce to you that we are at War; |