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by the government of Colombia, as settled by existing treaties. The Isthmus is at an equal distance from both extremities, and on that account may serve as a provisional place for the first assembly of the confederates.

Agreeing for my part with these considerations, I feel a great inclination to send the deputies of this republic to Panama as soon as I shall have the honour to receive the anxiously expected answer to that circular. Nothing certainly can better fulfil the ardent wish of my heart than the agreement, which I hope the confederated governments will come to in the realization of this august act of America.

If your excellency does not think proper to agree to it, I foresee immense delay and injury, particularly so, as at a time that the progress of the world is so much accelerated in its political march, it will assuredly be to our great damage.

In the first conferences between the plenipotentiaries, the residence of the assembly, and its powers, may be settled in a solemn manner by the majority, after which every thing may be arranged to our satisfaction.

The day that our plenipotentiaries shall first assemble, will be regarded as an immortal epoch in the diplomatic history of America. When, a hundred centuries hence, prosperity shall seek the origin of our political institutions, and record the treaties which consolidated our governments, the protocols of the Isthmus will be registered with veneration. There they will look for the plans of our first alliance, and will trace the march of our relations with the universe. What will then be the Isthmus of Co

rinth, compared with that of Panama?

God protect your Excellency.

HIPOLITO UNANUE. JOSE MARIA DE PANDO. The Minister of State for Foreign Affairs,

TOMAS DE HERES.

Note of the Minister of Colombia, to the Colombian Chargé D'Affaires at Buenos Ayres.

REPUBLIC OF COLOMBIA.
Secretary of State for Foreign
Affairs.

Palace of the Government, at the
Capital of Bogota, March 6, 1825.
To Señor Don Gregorio Funes,
Envoy of the Republic of Colom-
bia to the government of Buenos
Ayres.

Sir, I have the honour to inform you, that on the 4th of last February government received the circular of his excellency the Liberator, charged with the dictatorial command of Peru, inviting that republic, our ally, to the meeting of the grand general assembly of the American states at the Isthmus of Panama, and to which it has consented by a special convention. His excellency the vice-president, equally impressed with the importance of that object, suggests the following points to facilitate its execution:

[The note then goes on to make the five propositions contained in the note from the Vice-president to the Liberator.]

Many and various are, in truth, the matters which will occupy the assembly of the American states. The first will be, to renew the great treaty of union, alliance, and perpetual confederacy, against Spain or any other power which might intend to conquer us.

2. That the plenipotentiaries should issue, in the name of their constituents, an able manifesto upon the justice of their cause, showing the paltry views of Spain, and our system of politics with respect to the other powers of christianity.

3. To come to a determination upon the islands of Porto Rico and Cuba, and of the propriety of combining the forces of all to free them from the Spanish yoke: and in case of coming to that resolution, the proportion of troops to be contributed by each state for the purpose; and if the island shall be amalgamated with any of the confederated states, or if they shall be left at liberty to choose a govern ment for themselves.

4. To make or renew a treaty of commerce as allies or confede

rates.

5. To make a consular convention among all, which should clearly and distinctly lay down the functions and prerogatives of their respective consuls.

6. To take into consideration the means to give effect to the declarations of the president of the United States of America, in his message to the Congress last year, concerning the means to frustrate any ulterior design of colonization on this continent by the powers of Europe, and to resist all principles of interference in our domestic

concerns.

7. To fix in concert those principles of the rights of nations which may bear discussion, and principally those which relate to two nations, when one is in a state of neutrality and the other in a state of war.

8. In short, to declare on what footing ought to be placed the political and commercial relations of those parts of our hemisphere, which, like the island of Santo Domingo or Hayti, are separated from their old government, and have not yet been recognized by any European or American power.

As the three last points equally concern the United States, considering them as neutrals, the government has thought proper to authorize our envoy extraordinary and minister plenipotentiary at Washington, to invite them to send deputies to the projected assembly. I have hastened to take this step, hoping that the allies of the republic of Colombia will agree upon its utility. It will give our good, sincere, and illustrious friends (the United States) a proof of the confidence that may be reposed in us from our disinterested proceedings, and to the civilized world in general a testimony of our desire to avoid all objects of resentment and disgust, that might be occasioned by the state of war in which we find ourselves. Assure, therefore, the minister for foreign affairs, that the government of Colombia will feel a true pleasure in knowing that its views are perfectly in concert with those of the state of Buenos Ayres.

You will not lose a moment in communicating to me the resolution of that government, upon each one of the points contained in the present communication. In the mean time I have the honour to subscribe myself, &c.

P. GUAL.

ARTICLES of CAPITULATION of the SPANISH ARMY in PERU.

Don Jose Canterac, lieutenantgeneral of the royal armies of his Catholic majesty, being charged with the supreme command of Peru, in the absence of his excellency the vice king Don Jose La Serna, wounded and taken prisoner in the battle fought this day, after having taken the advice of the generals and chiefs, re-united after the bloody battle of Ayacucho, &c. &c., has thought it convenient to propose, and to regulate with the general of division, Antonio Jose de Sucre, commander-in-chief of the United Army of Peru, the conditions contained in the following articles :

1st. The territory garrisoned by the Spanish troops in Peru, as far as the Desaguora, shall be delivered to the United Liberating army, with the parks of artillery, chests, and all the military magazines.

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Answer. Granted: and will also be included in the delivery all the remainder of the Spanish army, the baggage and horses, the garrisons remaining in any part of the territory, and other forces and articles belonging to the Spanish government.

2nd. Every individual belonging to the Spanish army will be at liberty to return to his country, and his passage will be defrayed by the state of Peru; meanwhile he will be treated with due consideration, and will receive at least one-half of his pay according to his grade during his stay in the territory.

Answer. Granted: but the government of Peru will only grant the half pay according to proportionate regulations for the

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4th. No one shall be accountable for his former opinions, nor for his particular services in the king's cause, nor those known as smugglers in this particular they will be entitled to the rights of all the articles of this treaty.

Answer. Granted: if by their conduct they do not disturb the public order, and if they conform to the laws.

5th. Any inhabitant of Peru, either European or American, ecclesiastic or merchant, land-owner or workman, wishing to remove to another country, will be at liberty so to do by virtue of this convention, and to take with him his family and property; he will be protected by the state until his departure, and if he prefers to remain, he will be considered a Peruvian.

Answer. Granted: with regard to the inhabitants of the country to be delivered, and agreeably to the conditions mentioned in the preceding article.

6th. The state of Peru will also respect the property of the Spaniards who may be absent from the territory-they will be at liberty, for the period of three years, to dispose of their property, which will be considered in the

same point of view as that of Americans unwilling to go to the Peninsula, although they may have property in that country.

Answer. Granted: as in the preceding article, provided the conduct of these individuals shall in no way be hostile to the cause of the freedom and independence of America; in the event of which the government of Peru reserves to itself the privilege of acting freely and discretionary.

7th. The term of one year will be granted to all the interested parties, in order to avail themselves of the stipulations embraced in the fifth article-their property will be subjected to the ordinary duties, but that of individuals belonging to the army to be free of

duties.

Answer. Granted.

8th. The state of Peru will acknowledge the debts contracted by the administration of the Spanish government in the territory thereof to the present day.

Answer. The congress of Peru will decide with regard to this article what will be most convenient to the interests of the republic.

9th. All the individuals employed in public offices will be continued therein, if it be their desire; otherwise, those preferring to leave the country will be comprehended under the articles second and fifth.

Answer. Those of the meritorious will be continued in their offices, if the government should think proper.

10th. Every individual belonging to the army, or in the government's employ, who may wish to be erased from the rolls and to remain in the country, will be at liberty so to do; and in that case their persons will be respected.

Answer.-Granted.

11th.. The town of Callao will be delivered to the United Liberating army, and its garrison will be included in the articles of this treaty.

Answer. Granted: but the town of Callao, with all her colours and military articles, shall be delivered to the Liberator, and be subject to his disposal on or before 20 days.

12th. Superior officers of both armies will be sent to the provinces, for the purpose of delivering and receiving the archives, magazines, appurtenanees, and the troops, deposited in, and stationed at, the different garrisons.

Answer. Granted: The same formalities will be observed at the delivery of Callao. The provinces will be delivered to the independent authorities in 15 days, and the places the most remote in all the present month.

13th. The vessels of war and merchantmen in the ports of Peru, will be allowed the term of six months, from the date of the ratification of this treaty, to get their stores and provisions on board, to enable them to depart from the Pacific.

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Answer. -Granted: agreeably to the preceding article.

15th. All the chiefs and officers made prisoners at the battle of this day will be set at liberty from this moment, as well as the prisoners taken in anterior actions by either of the armies.

Answer. Granted: and the wounded will be taken care of until they shall be able to dispose of themselves.

16th. The general chiefs and officers will retain the use of their uniforms and their swords, and will also retain in their service such assistants as correspond with their rank, and their servants.

Answer. Granted; but during their stay in the territory they will submit to the laws of the country.

17th. To those individuals of the army who may have come to the determination with regard to their future destination agreeably to this treaty, leave will be granted them to re-unite with their families their other interest,

and to remove to the place they may have chosen; in which case they will be furnished with passports, so that they may not be molested in any of the independent states, until their arrival at their places of destination.

Answer. Granted.

18th. Any doubt that may arise in the stipulations of the articles of the present treaty will be interpreted in favour of the individuals of the Spanish army.

Answer. Granted: this stipulation will depend on the good faith of the contracting parties: and having concluded and ratified this treaty, which is hereby ap proved, there will be made four copies of the same, two of which will remain in the power of each of the parties whose signatures are hereto affixed, &c.

Delivered and signed, with our hands on the field of Ayacucho, the 9th of December, 1824.

JOSE CANTERAC.

ANTONIO JOSE DU SUCRE.

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