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ART. I. This America shall be recognized as a sovereign and independent Nation, and shall in future be called the Mexican Empire.
II. The Government of the Empire shall be a Constitutional Limited Monarchy.
III. There shall be named to reign in the Mexican Empire, (after taking the the oath which the IVth Article of the Plan of Iguala points out) in the first place the Señor Don Ferdinand VII. Catholick King of Spain; upon his renunciation or non-admission, his Brother, the Most Serene Señor Infant Don Carlos; upon his renunciation or nonadmission, the Most Serene Señor Infant Don Francisco de Paula; upon his renunciation or non-admission, the Most Serene Señor Don Carlos Luis, Infant of Spain, formerly heir of Etruria, now of Lucca ; and, upon his renunciation or non-admission, he whom the Cortes of the Empire shall designate.
IV. The Emperor shall fix his Court in Mexico, which shall be the Capital of the Empire.
V. Two Commissioners shall be appointed by His Excellency General O'Donoju, who shall go to the Court of Spain, to place in the Royal hands of Señor Don Ferdinand VII, a Copy of this Treaty, with the following exposition, which shall accompany the delivery of it to His Majesty: first, that whilst the Cortes of the Empire offer him the Crown, with all the formalities and guarantees, which a business of so much importance demands; they intreat His Majesty, that, should he not be pleased to accept it, conformably to the IIId Article, he will deign to notify their Serene Highnesses the Infants, mentioned in same Article, in the order in which they are named; interposing his benign influence, so that one of those Personages designated from his august House may come to this Empire, inasmuch as the prosperity of both Nations is concerned in it; and expressing the satisfaction which the Mexicans will receive, in adding this to the other bonds of friendship with which Spaniards can and desire to be united.
VI. There shall be immediately appointed, according to the spirit of the Plan of Iguala, a Junta, composed of the first Men of the Empire, distinguished for their virtues, stations, fortunes, authority and judgment, and designated by the general opinion, the number of whom may be sufficiently considerable, that the union of lights may ensure the success of their determinations, which may emanate from the authority and powers which the following Articles grant them.
VII. The Junta, of which the following Article treats, shall be named the Provisional Junta of Government.
VIII. Lieutenant-General Don Juan O'Donoju shall be one of the Provisional Junta of the Government, in consideration of the convenience of a Person of his rank taking an active and immediate part in the Government, and from its being indispensable to omit some of
the Persons who were designated in the said Plan, in conformity with the exact spirit of it.
IX. The Provisional Junta of Government shall have a President, appointed by itself, who shall be elected from amongst its own Members, or otherwise, by an absolute plurality of their votes: if the Election should not take effect at the first voting, they shall proceed to a second scrutiny, beginning with the two who may have the most votes.
X. The first step of the Provisional Junta of Government shall be, to publish its installation, and the motives for which it is assembled, with the explanations which it may consider proper, to illustrate to the People their interests, and to explain the mode of proceeding in the election of Deputies to the Cortes, of which mention will be made hereafter.
XI. The Provisional Junta of Government shall appoint, after the election of its President, a Regency composed of 3 Persons, either of its own Members or otherwise, in which shall be vested the Executive Power, and who shall govern in the name of the Monarch, until He receive the Sceptre of the Empire.
XII. The Provisional Junta being installed, shall govern provisionally according to the existing Laws, in every thing not opposed to the Plan of Iguala, and until the Cortes shall have framed the Constitution of the State.
XIII. The Regency, immediately after being appointed, shall proceed to the convocation of the Cortes, agreeably to the Regulations of the Provisional Junta of Government, and in conformity with the spirit of the XXIVth Article of the said Plan.
XIV. The Executive Power is vested in the Regency, and the Legislative Power in the Cortes; but, as they have been for some time united, in order that both may not again fall under the same Authority, the Provisional Junta shall exercise the Legislative Power; first, in such cases as occur, and which cannot wait the meeting of the Cortes, when they shall proceed in accordance with the Regency; and, secondly, in acting as an Auxiliary and Consultive Body to the Regency, in its determinations.
XV. Every Person who belongs to a Society, (the system of Government being changed, or the Country passing into the power of another Prince,) remains in the state of natural liberty to transport himself with his fortune, to what Place he pleases, without there being any right to deprive him of this liberty, unless he shall have contracted some debt with the Society to which he belongs, or have forfeited his liberty by crime, or in some other way known to Publicists: this rule applies to Europeans, as well as to Americans now resident in the Peninsula, admitted into New Spain; who shall, consequently, be free
to remain, or to adopt another Country; and demand their Passports, which cannot be refused to them, for removing from the Realm in the time prescribed, and carrying with them their families and effects; but satisfying, on the departure of the latter, the duties of exportation now established, or which may hereafter be established by competent authority.
XVI. The foregoing alternative shall not be granted in favour of Publick Officers or Military Men, who are notoriously disaffected towards the Independence of Mexico; who shall of necessity quit this Empire within the term which the Regency may prescribe, carrying with them their property, and paying the duties mentioned in the preceding Article.
XVII. The occupation of the Capital by the Troops of the Peninsula, being an obstacle to the realizing of this Treaty, it becomes indispensable to overcome the same; but, as the first Chief of the Imperial Army, uniting his sentiments to those of the Mexican Nation, is desirous not to take it by force, for which there are abundant resources, (notwithstanding the valour and constancy of the said Peninsular Troops,) independently of the want of means and ability to support themselves against the system adopted by the whole Nation-Don Juan O'Donoju offers to use his authority, that the said Troops may complete their departure without the effusion of blood, and by an honourable Capitulation.
Done in the City of Cordova, the 24th August, 1821. JUAN O'DONOJU. AUGUSTIN DE ITURBIDE.
(27.)—Decree of the Provisional Junta and Regency of Mexico, determining the Powers and Duties of Don Augustin Iturbide.-14th November, 1821. (Translation.) THE Regency of the Empire has been pleased to address to me the following Decree :
The Regency of the Empire, governing provisionally in the absence of the Emperor, to all who shall see or hear these presents: Know ye, that the Sovereign Junta or Provisional Government, has decreed as follows:
In consequence of the desire expressed in the Official Letter of the 23d of October last, by His Excellency Don Augustin de Iturbide, that this Sovereign Junta would be pleased to determine the powers and duties belonging to him as Admiral and Generalissimo, for the laudable purpose of not exceeding the former, nor being deficient in the latter, His Majesty has thought fit to declare: That the prerogatives, powers, and honours, desiguated in the XV following Articles, belong exclusively to him.
ART. I. He shall have the command of the Forces by Sea and
Land, comprehending within his government the economical and administrative powers, according to the Laws; consequently, all Appointments, in both branches, shall pass through his hands, of Officers and Chiefs, from those of Brigadier, inclusive, downwards, in the Land Forces, and the equivalents in the other branches. He shall also propose the Governors of Garrisons, the Commanders of Provinces, and the Captains-General, and shall countersign the Commissions of all these Officers, receiving them from the Emperor, and passing them to the Secretary of War, for their fulfilment.
II. He shall direct the instruction of Military Colleges, and of all the Establishments belonging to the Army and Marine.
III. The inspection of the manufactories of gunpowder, arms, munitions, and clothing, shall be within his province, together with every thing that relates to those branches. He shall also have charge of all that relates to the Arsenals, Manufactories, &c. belonging to the Marine.
IV. He shall watch over the disbursement of the Military Treasury for the Sea and Land Forces, and the just distribution of the funds destined for those branches.
V. He shall attend to the distribution and movements of the Land and Sea Forces, according to the Orders of the Emperor, which he shall receive for that purpose.
VI. He shall be the Protector of Commerce, Navigation, Police, and the Works of the Ports, as well as of the Fortresses of the Empire, with the powers of Admiral.
VII. He shall grant Passports and Licences for navigation, according to the Orders of the Emperor.
VIII. The Secretaries of Dispatch, of War and Marine, and of the Treasury, in what concerns those branches, shall send to him for his information, the Imperial Orders which may be sent by the Ministers, relative to them.
IX. Preserving the Etat Major of the Army, under the plan which is approved, according to the proposition of the Generalissimo himself, he shall name 2 Generals, who, as Chiefs of it, may communicate to him the Orders which they give; and may also carry on, in their name, the correspondence with the Secretaries of State, for facilitating the expedition of business.
X. When the Etat Major of Marine is formed, he shall appoint one of the Generals mentioned in the preceding Articie, or shall appoint a third, if the multiplicity of business require it, for the discharge of the duties, and attaining the ends proposed.
XI. He shall have the title of Highness; but in Othcial Letters which may be addressed to him, the aforesaid designation shall be omitted, this distinction being reserved for the Regency.
XII. His Guard shall be composed of 2 companies of Infantry, with a Banner; who shall present arms and beat a march to him. This Guard shall do honours only to the Persons of the Imperial Family.
XIII. When he goes out, he shall be preceded by 4 Body Guards, and followed by an escort of 20 Men, commanded by an Officer.
XIV. In the Court and Residence of the Emperor, the Military Posts of the Place shall do him correspondent honours.
XV. On his entrance into, and departure from, the Fortresses and Garrisons, the Troops shall be drawn up and the Artillery shall salute him with 21 guns; he having, in every thing, by Sea and Land, supreme Military honours.
The Regency shall take charge of the execution of this Decree, and cause it to be printed, published and circulated.
Given at Mexico, the 14th November, 1821. First of the Independence of this Empire.
JOSE MIGUEL GUIRIDI Y ALCOZER, President.
The Regency of the Empire.
Therefore, we command all Tribunals, Justices, Chiefs, Governors, and other Authorities, as well Civil as Military, and Ecclesiastick, of whatever class and dignity, that they keep, and cause to be kept, fulfilled, and executed, the present Decree, in all its parts. They shall attend to its execution, and provide for its being printed, published and circulated.
In Mexico, the 14th of November, 1821.
AUGUSTIN DE ITURBIDE, President.
MANUEL DE LA BARCENA.
ISIDRO Y ANEZ.
MANUEL VELASQUEZ DE LEON.
By order of the Regency of the Empire, I communicate this to you for your information:
preserve you many Years.
Mexico, 15th November, 1821.