National Independence shall be firmly secured to their Cities, Subjects, and Citizens respectively;-And His Excellency the Supreme Director of the Republic of Chile having, for this purpose, conferred Full Powers upon his Ministers of State :-that is to say, the Most Excellent Señor Don Joaquin de Echeverria, Secretary of State for the Home Department and for Foreign Affairs, and the Most Excellent Señor Don José Antonio Rodriguez, Secretary of State for Finance and War;-And the Supreme Government of Peru, upon the Most Illustrious Señor Don José Caveros y Zalazar, Minister Plenipotentiary and Envoy Extraordinary to the Republic of Chile;-The following Articles have, after an exchange of Powers in good and sufficient form, been agreed

upon :

I. The States of Chile and Peru unite, bind, and confederate, in peace and in war, to maintain with their naval and military forces and with their utmost influence, their Independence of the Spanish Nation, and of every other foreign Domination whatever, and after a recognition of such Independence, to secure the mutual prosperity, the best harmony and good understanding, as well between their own Cities, Subjects, and Citizens, as with the other Powers with whom they may enter into relations.

II. To this end, the States of Chile and Peru promise and freely contract an engagement of intimate alliance, and firm and constant friendship, for the common defence, for the security of their Independence and liberty, for their reciprocal and common benefit, and for their internal tranquillity; obliging themselves mutually to assist each other, and to repel every attack or invasion which may in any manner threaten their political existence.

III. In order to contribute to the objects pointed out in the preceding Articles, both States, that of Chile and that of Peru, bind themselves mutually to assist each other with their disposable land and sea forces, whose number or equivalent shall be fixed in the Assembly of Plenipotentiaries, of which mention is made hereafter.

IV. In case of sudden invasion, and that the circumstances of the moment do not allow of an understanding with the Gevernment of the invaded territory, either Party may operate hostilely in the territories of the other. The Party, however, thus acting, must, so far as circumstances will admit, comply with, and cause to be complied with, the Statutes, Ordinances, and Laws of such State, and must cause its Government to be respected and obeyed. The charges which may be incurred pending these operations, and those which may be incurred in consequence of Article 3rd, shall be liquidated by separate agreements, and paid one year after the conclusion of the present war.

V. In order to secure and perpetuate, in the best possible manner, a friendship and good understanding between the two States, the Natives of Chile and Peru shall enjoy the rights and privileges granted

to those born in either territory; that is to say, Chilenos shall be considered in Peru as Peruvians, and Peruvians in Chilo as Chilenos, without prejudice to such amplifications or restrictions as the Legislative authority of either State may have made, or may think proper to make, relative to the qualifications expected from Candidates for the Chief Offices of State. But in order to enter upon the enjoyment of the other active and passive rights of Citizens, it will be sufficient that the party have established a domicile in the State to which they may wish to belong.

VI. The Subjects and Citizens of either State may freely enter into, and depart from the ports and territories of the other, and shall enjoy therein every civil right and privilege of Trade and Commerce, subject to the same duties, imposts, and restrictions as the Subjects and Citizens of each of the Contracting Parties, but to no

more.

VII. In virtue whereof, the Vessels and natural productions of the State of each of the Contracting Parties, shall pay no greater duties of importation, exportation, anchorage, and tonnage, than those established, or which by Law may hereafter be established, to be paid by Native Vessels and products in the Ports of each other, respectively:-that is to say, that the Vessels and Products of Chile shall pay the duties of import and export in the Ports of the State of Peru, as Peruvians, and those of Peru, in the Ports of Chile, as Chilenos.

VIII. The two Contracting Parties engage to afford every possible assistance to their respective Men-of-War and Merchant-Ships arriving in their Ports, whether in distress or otherwise; and the said Vessels shall be at liberty to caulk, repair, provision, arm and increase their armament and crew, for the purpose of continuing their voyage or cruize, at the expense of the State or the Individuals to whom they may belong.

IX. In order to avoid the scandalous abuses which armed Privateers may give rise to on the high Seas, to the prejudice of Native and Neutral Commerce, both parties agree to extend the jurisdiction of their Maritime Courts to Cruizers sailing under the Flag of either, and to grant to each other, a general power over those Privateers in all cases where they cannot conveniently sail for the Ports to which they belong, or whenever they be convicted of outrages committed upon the commerce of neutral Nations, with whom both States desire to cultivate the best harmony and good understanding.

X. If in any part of the said States, internal tranquillity should unfortunately be interrupted by turbulent and seditious men, enemies of the Government legitimately established by the free, quiet, peaceable and legal expression of the Public Will, both Parties solemnly, and formally bind themselves to make common cause against them;

mutually assisting each other, with whatsoever means they possess, towards the re-establishment of order and the authority of the Laws.

XI. In order to bind more closely those ties which should unite both States, and in order to remove any difficulties that may present themselves or that may in anywise interrupt a good understanding and harmony, there shall be formed an Assembly composed of Two Plenipotentiaries from each side, in the same manner and with the same formalities, as, in conformity to established usage, should be observed in the nomination of Ministers of similar rank to the Governments of Foreign Nations.

XII. Both Parties bind themselves to interpose their good offices with the Governments of the other American (formerly Spanish) States, to induce them to enter into this Compact of Union, League, and Confederation.

XIII. So soon as this great and important object shall have been attained, there shall be formed a General Assembly of the American States, composed of their Plenipotentiaries, who shall be charged with powers to cement and to establish, in the most solid manner, those intimate relations which ought to subsist between all and each of them :—to act as counsel in cases where conflicting interests may clash as a rallying point in common danger :-as faithful interpreters of Public Treaties, when doubts arise, and as Arbitrators and conciliatory Judges in disputes and differences.

XIV. The States of Chile and Peru cheerfully engage to afford the Plenipotentiaries, who may compose the Assembly of American States, all that assistance which hospitality, the sacred character and inviolability of their Persons, demand from a fraternal people, whenever those Plenipotentiaries shall think fit to assemble on any point of the Chileno or Peruvian Territory.

XV. This Treaty of Union, Alliance and Confederation, shall not in any manner interfere with the exercise of Sovereign Power by each of the Contracting Parties, whether, as respects their laws, and the establishment and form of their respective Governments, or their relations with other Foreign Nations.-But both Parties expressly and unalterably engage not to accede to any demands for indemnity, contribution or exaction, which the Spanish Government, or any other Nation in its name, or at its request, may propose on account of the loss of its ancient Supremacy over these Countries; nor enter into any Treaty with Spain, or with any other Nation, to the prejudice or deterioration of this Independence; maintaining on all occasions and in all places their reciprocal interests with the dignity and energy becoming free, independent, friendly, brotherly, and confederated Nations.

XVI. This Treaty or Convention of Friendship, League, and Confederation, shall be ratified by the Government of the State of Chile,

with the consent of the Most Excellent the Supreme Court of Representatives, within four months from the date hereof, and by the Government of the State of Peru, so soon as it can receive the approbation of the Sovereign Constituent Congress. The Ratifications shall be exchanged without delay, and with as much expedition as the distance between the two seats of Government will permit.

In faith whereof the respective Plenipotentiaries have hereunto signed their names and affixed the Seals of the States which they represent.

Done in the City of Santiago de Chile, on the 23rd day of the month of December, in the year of Grace 1822, and the 13th of the Liberty of Chile and 5th of its Independence; and the third of that of Peru.

JOAQUIN DE ECHEVERRIA.

JOSE ANTONIO RODRIGUEZ.

JOSE CABERO Y ZALAZAR.

MESSAGE of the Vice-President, on the Opening of the Congress of Colombia.—Bogotá, January 2, 1825. (Translation.)

FELLOW CITIZENS OF THE SENATE, AND CHAMBER OF REPRESENTATIVES,

THIS is precisely the day fixed by our Constitution for convening the Representatives of the Republic, to employ their powers for the good and prosperity of our Constituents. If in the two preceding Sessions, the Congress assembled at a late period, from causes inherent in the infancy of all Societies, which the enemies of the Republic have affected to overlook, the present Assembly will prove that, with the progression of time, we approach the nearer to the exact observance of Constitutional Principles. I must congratulate Colombia, and you, Gentlemen, on an event which will have so much influence on the stability of our political system, and I do hope for the most prosperous results from the present Session. The Executive performs its duties, with the greatest satisfaction, and contributes towards the happy issue of your legislative labours, whilst it presents to you a clear view of the state of the affairs of the Republic in the different branches of Administration.

The Government of His Catholic Majesty, far from abandoning its antiquated pretensions to the Sovereignty of these Countries, as justice, experience, and the ruin of the Spanish Nation ought to suggest, is engaged in carrying forward its hostile views, without admitting the slightest hope of reconciliation. The Executive has grounds for believing that the Cabinet of Madrid is informed of the favourable dispositions that exist on our part, to come to an under[1824-25.] 3 G

standing, and to put an end to a state of warfare, which for 15 years consecutively has involved the two Nations in so much misery. The ardour with which the Executive has endeavoured to seek for peace with Spain, on the basis of the recognition of our Independence, has not however slackened our vigilance. The Congress may be assured, that our means of defence are really abundant, and that whatever enterprize may be meditated by Spain against the Republic, will serve only to exalt the brilliancy of our Arms, and humble anew the Spanish Power.

Our relations with the American Governments subsist on a footing of amity and good intelligence, becoming States that maintain the same cause. The good offices and succours with which we have assisted Peru, have operated a change so important in that Country, as to leave not the slightest doubt of their Independence and Liberty. The Liberator, President of Colombia, has in this instance more than ever developed those virtues, which are alone the patrimony of great men, and to which the Colombian Republic owes its existence; surrounded by almost insurmountable difficulties, compelled to contend with enemies, who, to the superiority of numbers joined the charm of victory, afflicted by events, which inexperience, weakness, and perfidy had engendered, and uncertain of receiving the fresh reinforcements which Congress, with so much promptitude, decreed to be furnished: the Liberator has been able to overcome all these obstacles, assisted by the patriotism of the Peruvians, who were faithful to their duties, and by the valour of the combined Army, he has liberated an important part of the vast Territory which the Spanish Army governed, after having inflicted on it a terrible humiliation at Junin. The Executive feels confident, that the Auxiliary Troops which left Panama in October last for Peru, have seasonably arrived, and that this augmentation of force will contribute to consolidate the advantages obtained, to accelerate the day of the liberty of Peru, and to fix irrevocably the destiny of South America. This new glory was reserved for Colombia, and you now enjoy the satisfaction of having contributed to facilitate it by the means which were within your power, among which the Decree that allowed the Liberator to leave the Territory of the Republic will always hold the preferable place. Conforming myself to the resolution of the Legislature, I have not ratified the Convention entered into between Colombia and Peru, on the subject of boundaries: notwithstanding its importance, the decision of which involves questions of superior interest, the Executive has abstained from the renewal of the Negotiation, because it felt the expediency of giving an example of good faith and generosity, by suspending all communication upon the subject, whilst the Peruvian Republic was occupied by the Troops of Colombia.

The Republick of Mexico has just given a terrible lesson to the