State's Advocate

              MEN "BE JUDGED BY THEIR MBASUBES."—Crdtw/brJ.
MILTON, (PA.) THURSDAY MOKNING, APRIL so, 1828.
No. 9.
lED AND PUBLISHED   BY
iED J^E.H. KIJ\"CAID.
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CONGRESS.
arms, with a rational or even a remote prospect of eventual success was main¬ tained by Spain, the United States could not recognize the independence of the colonies, as existing de facto, without trespassing dh their duties to Spain, by assuming as decided that which was pre¬ cisely the question of the war. In the history of South American independence, there are two periods clearly distinguish¬ able from each other. The first, that of its origin, when it was rather a war of independence against France than a- gainst .Spain, and the second, from the restoration of Ferdinand the seventh in 1814. Since that period, the territories now constituting the Republic of Colom¬ bia have been the only theatre upon which Spain has been iable to maintain the conflict offi;nsively, with even a pro¬ bable colour of ultimate success. But when in 1813, she made her greatest ef¬ fort in the expedition from Cadiz, com¬ manded by Morillo, Mexico, Peru, and Chili, were yet under her authority, and iiad khe succeed in reducing the coast of Terra Firma and New Grenada, the {irovinees of La Plata, divided among themselves,and weakened by the Portu¬ guese occupation of Monte Video, would probably not have held out against her !on<5. This at least was the calculation of her policy, and from the geographi¬ cal pr.sition of those countries, which may be termed the heart of South Ame¬ rica, the conclusion mi^htwell be drawn lhat if the power of Spain could not be firmly reseated there, it must be on her part a fruitless struggle to maintain her supremacy in any part ofthe American continent. The expedition of Morillo, on its first arrival, was attended with signal success—Carthagena was taken. The whole coast of Terra Firma was occupied, and iVew Grenada was entirely subdued.    A remnant of patriots in  Ve--
re-
DOCUMENTS
.panied the President's Mes-
\he House of Representatives,
ting the information required
iution of the House, in relation
oposed Congress to be held tit
No. L
a letter from Mr. Adams, se-
state, to Mr. Anderson, mi-
lipotentiiry to Colombia, da-
ty, i>i2S.
V0iiuiii>u   which   has severed
s of Spaxiisb   Anif^riea from
thraldom, and  left them  to
dependent governments as mem-
le society  of civilized  nalio.is,
the most  imijortanc  events   in
Uii'y.   As a general movement
aftairs, tt is perhaps no more
.([tpment of principles first bro't
by   tbe  separation of these
Great  Briiain,  and by  the
llustratioii given in tbeforma-
jBStabiisbment of our union, to
ine that voluntary agreement is
legitimate source oiP authoritv
men ; aud that all just govern-jnezuela, with their leader Bolivar,
compact.    It was impossible^'''*"*"?   ^'o™    expulsion,   revived   tbe
asvsteraas Spain had estab-cause of  independence, and  after thn.
er her colonies, should stand be-ha^np^ign of 1819 in which they re-con
progressive improvement of the H"^''^'^ t^^^ whole of New Grenada, the
' "    demonstration became complete, that ev
nding iu tbis age, or that'the
d npon the whole  earth by   the
' our revolution, should leave in
irkness the regions immediately
upon ourselves.    The indepen-
e Spanish colonies, however,
eded  from  other  causes,  and
'achieved upon principles in ma-
els diiferent from ours.    In  our
in   the  principle of the  social
st was from the beginning, in im-
issue.   It originated in a  ques-
ight, between the government in
and the suKject in xVmeriea. Our
ence was declared in defence of
ties, and the attempt to make
a yoke of oppression, was the
I justification of easting it ofi*.
volution of the Spanish Colonies
[eaused by the oppression  under
ey had been held, however great
beeii.    Their independence was
ed upon them by the  temporary
on of Spain herself to a foreign
They were by that event, cast
selves, and compelled to es-
vernraents of their own. Spain,
ill the vicissitudes of her own
has clung to  the  desperate
retainin;^, or of reclaiming them
u control ; and has  waged, to
t of her power, a disastrous war
tent.   In tbe mind of every ra-
Q, it has been for years appa*
Spain can never succeed to re-
dominion where it has been ab-
18 it, probable that she  can
»he small remnant of her au-
cknowledged  in some spots
Ameneau continent.
Utical   ootirsB   of   the United
m the first dawning  of South
independence, has  been  such
scribed by their relative duties
parties.    Being on  terms of
amity with Spain through all
g   of  her government; they
idered the strugg;les of the co
independence as a case of civil
ich their  national obligations
to  them to remain   neutral.
ey, tl'.eir  interest,  and   tbeir
1 concurred to favor the cause
nies ; and the  principles upon
right   of  independence   has
rtained by the South American
ave been   approved, not only
1 with those upon  which our
endefice was asserted and  a
auput as involvina: the whole the-
fflPeinment on  the emphatically
foundation ofthe sovereignty
ople, and the unalienable rights
To a cause reposing upon this
people of this country never
iidifterent, and   their   sympa-
i accordiogly been, with  great
and constancy, enlisted in its
he sentiments of the   govern-
; toe United States, have been in
'. harmony with those of their peo-
nd while forbearing, as their duties
itraliiy prescribed, from every mea
vhich could justly be construed as
e to Spain, they have exercised all
oral influence   which they posses
countenance and promote the cause
ucndeuce/   Sa long as a contest of
ery effort of Spain to recover the South Ameriead continent must thenceforward be a desperate waste of her own resour¬ ces, and that the truest friendship of oth¬ er nations to her would consist in making ber sensible that ber own interest would behest consulted, by the acknowledg¬ ment of that independence she could uo longer efteetually dispute.
To Ibis conclusion the government of the United States had at an early period arrived. But from that emergency, the president has cousidered the question of recognition both in a moral and political view, as merely a question of the proper time. While Spain could entertain a reasonable hope of maintaining the war, and of recovering her authority, the ac¬ knowledgment of the colonies as inde¬ pendent states, would have been a wrong; to her; but she had no right on the strength of this principle to maintain the pretension, after she was maaifestly dii'- abled from maintaining the contest, and by unreasonably witholding her acknow¬ ledgment, to deprive the independents of their right to demand the acknowledg¬ ment oi'others. To fix upon the precise time,—when the duty to respect the pri¬ or sovereign right of Spain should cease, and that of yielding to the claim of ac¬ knowledgment would commence, was a subject of great delicacy, and to the pre¬ sident, of constant and anxious solitude. It naturally became in tbe first instance a proper subject of consultotion, with o- ther powers, having relations of interests to themselves, with the newly opened countries, as well as influence in the ge neral affairs of Europe. In August, 1818, a formal proposal was made to the British government, for a concerted and eotemporary recognition of the indepen¬ dence of Buenos Ayres, then the only one ofthe South American states which, having declared independence, had no Spanish force contending against it, within its borders ; and where it there¬ fore most unequivocally existed in fact. The British government declined accep¬ ting the proposal themselves, without however expressing any disapprobation of it; without discussing it as a ques¬ tion of principle, and without assigning any reason for the refusal, other than it did not then suit with their policy. It became a subject of consideration at the deliberations of the congress of Aix La Chapelle,in October, 1818. Tberei* reason to believe that it disconcerted projects which were there entertained of engaging the Etiropean alliance in actu¬ al operations against the South Ameri cans, as it is well known that a plan for their joint irtediatioh, between Spain and her colonies, for restoring them to hei authority, was actually matured and fi¬ nally failed at that place, only by the re¬ fusal of Great Britain to accede to' tbe condition of employing/orce eventually against the South Americans, for its ac¬ complishment. Some di:ISatisfaction was manifested b^ several riiembeirs of the congress at Aix La C^^^e^lle.- at tbis a- vowal on the prfH of tli*? l/^ted Statee, of their readiness tof ^^WJ^^'i tlitf inde'- pendence of Bnene/^ S'ffv^.
The reconquest in the campaign of 1819, of New Grenada to; the Patriot cause, was immediately followed by the formation of tbe Republic of Colombia, consisting of three great divisions of the preceding Spanish Govern(nent, Vene¬ zuela, CundiaamarcaandQ^ito. It was soon succeeded by the dis^oijution of tho Spanish authority in Me&ieo | by the Revolution in Spain itself; and by the military operations which resulted in the Declaration of Independence in Peru. In November, 1820, was concluded the armistice between the Generals Morillo and Bolivar, together with a subsequent Treaty, stipulating that in case of the renewal of the war, the parties would abstain from all hostility and priictiees uot consistent with the modern Law of Nations, and the humane maxims of civ¬ ilization. In February. 1821, the par¬ tial Independence of Mexico was pro¬ claimed at Yguala ; and in August of the same y^ar was recognized by the Spanish Vice-roy and Capt. Gen. 0'- Donoju at Cordova.
The formation ofthe Republic of Col¬ ombia, by the fundamental law o^ i7th December, 1819, was notified tp this jiovernment, by its Agent, the la^ Don Manuel Torres, on the 20thof E*eb, 1821 with a request that it might be reeog- lized by the Government of the tJnited States, and a proposal for the niegotia- tion of Treaties of Commerce and Navi- X«iXion, founded upon the basis of reci¬ procal utility and perfect equality, as the most efficacious roeanii «f strengthening ind increasing the relations of amity be¬ tween the two Republics.
The request and proposal were renew¬ ed in a letter from Mr. Torres of the 3(t^h of November, 1821, and again repeated on tbe 2d of January, 1822- In the interval, since the first demand, the Geij Congress of the new Republic had ai sembled, aud formed a Constitution, founded upon the principles of popular representation, and divided into Legisla tive. Executive and Judicial authorities. The Government under tbis Constitution had been organized, and wte in full op¬ eration ; which during the same period the principal remnant of ihe Spanish force had been destroyed by the battle of Carabobo. and its last fra^inents were confined to the two places •f Porto Ca- beilo and Panama.
Under these circumstances, a resolu¬ tion of the House of Representatives of the United States, on the 30th of Janua¬ ry, 1822, requested of the President to lay before the House communications from the Agents of the United States, Willi tiie Governments Sonii?' 6? th© U States, which had declared their lude pendenee ; and those from the Agents of such Governments here, vvith the Secre tary of State, tending to shew the politi¬ cal condition of ther Governments, and thestate of the war between them and Spain. In transmitting to the House the papers called for by this resolution the President, by his message of 8th March, 1822, declared his own persua sion that the time had arrived when, in strict conformity to the law of nations and in tbe fulfilment of tbe duties of equal and impartial justice to a'l parties the acknowledgment of the Independence declared by the Spanish American Col¬ onies could no longer be witbhelj. Botb Houses of Congress have almost unani¬ mously concurred witb tbese Aiews ofthe President, an appropriation was made by law, (4.th May, 1S23,') for sueh mis¬ sions to the Independent Nations on tbe American Continent, as tbe President should deem proper.
On the day after the President's mes¬ sage of the 8th of March,   tbe   Spanish Minister,   Anduaga, addressed to  thi Department a remonstrance against the measure which it recommended,  and solenln protest against the recognition of the Governments mentioned, of the insur¬ gent Spanish Provinces of America.— He was answered on the 6th of April, by a letter recapitulating the cireumstan ces under which the Go^ernuient of the United States had " yielded to an  obli " gation of duty of the highest order, by " recognizing,   as Independent   States " Nations which,  after deliberately as- " serting their right to that  character, " had maintained and  established it a- •'.gainst all  the  resistance  which hai " been, or could be, brought to oppose " it."    On the   24.th of April,  he  gave information   that the Spanish Govern 'nent had disavowed the Treaty of 2itb August,    1821,   between   the    Captain General O'Donojuand Col. Iturbide, and had denied the authority of tbe   former
On the 12th ^f FebUsiry, 1822, the Spanish Extraordinary Cortes adopted the Report of a Committee proposing ,he apt>oiritment of Comhiissioners to proceed to South Americ^. to negotiate with the Revolutionary Patriots concern¬ ing the relations to be established there after, in regard to their connection with Spain. Tney declared, at the same time all Treaties made vi'ith them before.that tinfe, by Spanish commanders, imjplyins any acknowledgtflent of their Ihdepend Since, null and void, as not having been authorized by tbe Cortes ; and on the next day, they passed three resolutions^
the first annulling, expressly, the Trea¬ ty between O'Donoju and Iturbide.
The seeond, « That the Spanish Go- vernment, by a declaration to all others with which it has friendly relation, make known to them, that the Spanish nation will regard, at any epoch, as a violation of the treaties, the recognition, either oartia! or absolute, ofthe Independence jf the Spanish Provinces of Ultra-Mer, so long as the dissensions which exists between sonie of them, and the Metropo¬ lis, are not terminated, with whatever else may serve to convince foreign  Gov¬
ernments, that Spain has not yet renoun ced any of tbe rights belonging to it  in those countries."
Tbe third resolution recommendetl to the Government to take all necessary measures, and to apply to the Cortes for needed resources, to preserve and recover the authority of Spain in the ultra-ma¬ rine provinces.
These measures of the Corlfes were not known to the President ofthe United States when he sent to Congress his mes¬ sage ofthe 8th of March. "But informa¬ tion of them was received while the bill making an appropriation for the missions was before Congress; aud, on the 25th of April, a resolution of the Senate re¬ quested of tbe President any informa¬ liou he might have proper to be disclos¬ ed, from our Minister at Madrid, or from the Sponish Minister resident in this country, concerning the views of Spain relative to the recognition of the indcr pendenee ofthe South American Colo¬ nies, and ofthe dictamen ofthe Spanish Cortes. In an answer to this resolution the letter to Mr. Andurga, protesting against the recognition, and one from Mr. Forsyth, enclosing a translation of the dictamen, were transmitted to the Senate, which with all these documents before them, gave their concurrent sane tion that of the House of Representa¬ tives, to the passage of the bill of ap propriation.
This review ofthe proceedings of the Government of the Uaited States in rei lation to the Independence of Spanish A- •nerica, l>as been taken to shew the con iistency of the principles by which they were uniformly dictated, and that they have been always eminently friendly to tbe new Republics, and d'sinteresled.— While Spain maintained a doubtful con test, witb arms, to recover her dominion it was regarded as a civil war. When that contest became so manifestly despe rate that Spanish Vice-roys, Governors and Captain Generals themselves, con eluded treaties with the insurgents, vir tually aeknowledgiug their Iridependenc* tbe United St ates frankly and unreseved- ly recognized tbe fact, without making their acknowledgment the price of any favor to themselves, and although at the hazard of incurring the displeasure of Spain. In this measure they have ta¬ ken the lead of the whole civilized world : for, although the Portuguese Brazilian Government of Buenos Ayres, it was at a moment when a projected de¬ claration of their own independence made the question substantially their their owu cause, and it was presented as an equivalent for a reciprocal recog¬ nition of their own much more question¬ able right to to the Eastern shore of La Plata.
On the lyth day of June, 1823, Mr. Manuel Torres was received by the President of the United States as the Charge d'Affaires from the Republic of Colombia, aud the immediate conse¬ quence of our recognition was the ad¬ mission of the vessels of the South Ame¬ rican nations under their own colors, in¬ to tbe ports of tbe principal maritime! 'lations of Europe.
The European alliance of Emperors and Rings have assumed, as the foun¬ dation of human society, the doctrine of unalienable-iWe^iance. Our doctrine is founded upon the principle of unaliena¬ ble right. Tbe European allies, there¬ fore, have viewed the cause of the South Americans as rebellion against their law¬ ful sovereign. We haive considered it as the assertion of natural right- They have invariably shewn their disapproba¬ tion ofthe revolution, and their wishes for the restoration of the Spanish pow¬ er. We have as constantly favored the standard of independence and of Ameri¬ ca. In contrasting the principles and the motives of the European powers, ag 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 favor from South Anieriea in return. Disinterest¬ edness must be its own reward j but, in the establishment of our fature political and commercial intercourse with the new Republics, it will be necessary to recur often* to the principled irt which we may justly claim in oUr future relations with them', and to counteract ;the efforts which it cannot be doubted, European negdtiators will continue ttf make in the furtherance of their nionarchial 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 tnau four millions of souls, the Republic of Columbia has undertaken to establish a single, and not a confederated Government.
Whether this attempt wilt bfe found practicable in execution, may be suscep¬ tible of doUbt J but in the new drganizai tion of society, upon this hemisphere^ even unsuccessful experiments lead to results by which the science of Govern¬ ment is advanced, and the happiness o^ man is promoted. The Republic of Col¬ ombia has a constitution deliberate!)^ formed and|adupted upon principles en¬ tirely Republican, with an elective Le3 gislature in two branches, i distribution of the powers of government, with tbd exception of the federative character, al¬ most identical witb our own, and artieb;i declaratory of the natural righti and of the citizen to personal seeurity, proprity, and    reputation, oft
the   inviolable  liberty of tbe  press n
With siieh a constitution, in siich a coun» try, the modifications which experience may prove to be neeessary for render¬ ing the political institutions most effec<J tually Competent to the ends of civil go¬ vernment, will make their own way by- peacible and gradual conquests of pub¬ lic opinion, If a single government should be fbund inadequate to secure and protect the rights of the people liv¬ ing under it, a federation of Republiesi may, without difficulty be substituted iri its place. Practical effect having* once been given to the principle, thatf lawful government is a compact, and not a grant, the pretences for effecting po¬ litical revolutions disappear. The sub- ordination ofthe military to the civil power is the only principle yet remaining to be established io Colombia, to ensure the liberties ofthe future generations asi well as those ofthe present age; and tliat subordination,^altheugb tidt directly guaranteed by their present constitutioii is although conformable to its spirit.
In tiie letter of 30th February, ISSlj from the late Mr. Torres, demanding thei recognition of the Republic of Colombia* it has been observed^ taat the additionol proposal was made, of negotiation '"irea- ties of navigation ani comuierce, founded upon the bases of reeiprdcal utility and perfect equality, as the most effijaeiousi means of streugrthening and increasing the relations of amity between tKe twd republics.
In compliance with this proposal, a- mong the documents furnished you, for proceeding upon the mission to whieK you have been appointed, of minister ple¬ nipotentiary to the republic of Colombia,' is a full powei* which will authorise yoii to negotiate with^any plenipotentiary oi? plenipotentiaries of that government du¬ ly provided with like powers, such at treaty. Tbe president wishes, Howeverj that every step in such negotiation sho'd be taken with full deliberatien, Th^ treaty, if concluded, niust, as you are a^ ware, be reserved subject to ratifioatiod here, with the advice and (Consent of tH^ senate, by the eonstitiitional majority of two-thirds, as by the constitdtion of Co¬ lombia, (article 120,) their treaties, td be valid, must receive the cooserit and approbation of their congress. , Our commercial relations With the Co- lombia.n territory, are of so recent origin^ and have depended so much upon the re¬ volutionary condition of that country, under which they have arisen, that our knowledge of their state and character is very imperfect, althoogh we are cer¬ tain that they are altogether different from those which naay be expected W arise from permanent interests, \^hed the independence df the republic shall be uriiversaHy recognized, and a free tradd shall b« dpened to its inhauitants, witii all parts ofthe world. The only itsipor- tant point now to be settled, as the radi* eal principle of all our future coramereii al intercourse, is the basis prioposed by Mr. Torre^, of reciprocal utility and per* feet equditty. As the necessary con- iequence of which, yoii will claim that^ without waiting for the cdnclusion of a. treaty, the,commerce and navigation of the United States, in the ports of tho Colombiari republic, shall be ••eceived oti the footing of equality with the Most fa¬ vored nation. It is hopied, indeed, that on yoiir arrival at the place of your des¬ tination, you will find the principle iU ready settled / assurances to that effect having beeii given by the minister of fo^ reign relitions to Mr. Todd.   .     ,
By an act of the congress off Coloiiibia^ of tiie SfSth of September, 1821, an imi« post duty of 7 1-2 per cent, was laid^ up*"^ on all articles imported from any part of America, additidnal to the diity oponi the likel articles imported from Europe^ Thi^ discrimination was mentioned td Mr. Torres, at the tinie of his receptioni He thought it had arisen" only from art inadvertency, and promised to write cooJ cerning it to his governnient. Mr. Todd was instructed to remonstrate against it^ which he. accordingly did. From bi^ correspondence arid conferences relating to it, vi'ith the Colombian minister of fo¬ reign relations, Dr. Glial, it appears that the object of the law was, to burden witli heavier duties the indirect trade from Greiit Britain and France^ (Carried oil