Digitized by the Internet Archive in 2010 with funding from The Library of Congress http://www.archive.org/details/congressof182600inte INTERNATIONAL AMERICAN CONFERENCE. REPORTS OF COMMITTEES AM) DISCUSSIONS THEREON. Volume IV. HISTORICAL APPENDIX. THE CONGRESS OF 1826, AT PANAMA, AND SUBSEQUENT MOVEMENTS TOWARD A CONFERENCE OF AMERICAN NATIONS. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1890. Sift jea 18, i 9S>? rfl- TABLE OK CONTENTS ?^~ Page Historical Papers relating to the Congress at Panama. Adams, President John Quincy. Message to Congress, 1835. . 19 Adams, President John Quincy. nominates Commissioners to Panama Congress '-':! Adams, President John Quincy, reply to Resolution of In- quiry from the House of Representatives. ... 34 Address of President of Panama ( Iongress Wl Agreement, secret, of South American Republics, l s '.'ii ... Hi? Agreement of Panama * iongress llL' Anderson, Richard C, nominated commissioner to Panama Congress 23-53 Anderson, Richard ('..commissioner, instructions to 113,151 Bolivar's suggestion of International Conference 155 Bolivar's " Prophetic Letter " L58 < 'anaz. Antonio Jose, to Henry ( lay :'.',' i entral American Minister to Henry Clay 32 Clay. Henry, letter to the President on Panama i Iongress. . . 23 ( 'lay. Henry, to Mexican Minister 30, 99 ( 'lay. Henry, to < 'entral American Minister :!:i Clay, Henry, reply to Resolution of Inquiry 50 Clay, Henry, instructions to United States Delegates 113,151 i lolombia ratifies action of Panama ( Iongress 201 Colombian Minister to Henry Clay 27, 1 1 1 ( lommissioners, U. S.,to the Panama < ! ongress nominated. .. 93 t lommissioners to Panama. Senate refuses to confirm 53 Commissioners to Panama < Iongress. 101 Constitutional history of the United States, extracts from. . i i lonference, International, proposed by Bolivar 155 Delegates, United states, instructions to 113 Foreign affairs, report of Senate Committee on 53 Foreign affaire, report of committee on, H. oi R.,1826 81 Guatemala represented at Panama Congress Mil Guatemala refuses to ratify action of Panama ( Iongress. . . 201 Installation of President of Panama Congress 101 Page. Congress at Panama— Continued. Instructions, Mr. Clay's, to United States delegates 113, 151 Message of President Adams to Congress. 1825 19 Message of President Adams in reply to the Resolution of Inquiry 34 Message of President Adams to Congress, 1829 113 Mexican Minister to Henry Clay 25, 101 Mexico represented at Panama Congress 101 Mexico refuses to ratify action of Panama Congress 201 Monroe Doctrine, history of 12 Notes on Panama Congress by J. I. Rodriguez 155 Obregon, Pablo, to Henry Clay 25 Peru represented at Panama Congress 101 Peru refuses to ratify action of Panama Congress 201 Poinsett, Mr., letter to Henry Clay 101, 110 Proceedings of Panama Congress 173 Protocols of Panama Congress 112, 174 Report of the Senate, Committee on Foreign Affairs, 1826. . . 53 Report of the Committee on Foreign Affairs, H. of R., 1826. . 81 Representatives, House of, Resolution of Inquiry 34 Representatives, House of. reply to, by Mr. Clay 50 Representatives, House of, approves appointment of Commis- sioners 81 Resolution of Inquiry, reply of Henry Clay to 50 Results of Panama Congress 174 Rochester, William B. . Secretary to Panama Congress 23 Salazar, Jose Maria, to Henry Clay 30, 111 Senate, U. S., refuses to confirm Delegates to Panama 53 Senate Committee on Foreign Affairs, report of 53 Sergeant, John, Commissioner to Panama 23-53 Sergeant, John, Commissioner, instructions to 113, 151 Smith, John Speed, Secretary to Panama Congress 152 Tucker, George F., history of Monroe Doctrine 12 Venezuela represented at Panama Congress 101 Vidaurre, Antonio de, President of Panama Congress 101 Bolivar delivers invitation to the Conference of 1826. 150 Columbia replies to 161 Mexico replies to 163 Chili replies to 164 Brazil replies to 165 Argentine Republic replies to 166 United States replies to 30 Bolivar's instructions to Panama Congress 169 Congress at Lima in 1847 203 Chili, treaty with Colombia 220 Conference of 1856 207 Page. < Iongress at Lima in ISO! 209 ( iONTINENTAL TREATY OF 1856 207 I IONGRESS OP 1881 PROPOSED. Invitation from < lolombia to 218-237 Argentine Republic, reply of 230 Bolivia, reply of 244 Chili, reply of 222 Costa Rica, reply of 22(5 Ecuador, reply of 242 ( hiatemala, reply of 241 Honduras, reply of 248 Mexico, reply of 228 Nicaragua, reply of 229 Peru, reply of 224 Salvador, reply of 241 S;m Domingo, reply of 223 Uruguay, reply of 246 Congress of 1882 proposed 253 Invitation from the United States to 255 Bolivia, reply of 266 Brazil, reply of 263 ( '( ista Rica, reply of 267 Guatemala, reply of - 261 Honduras, reply of 265 Mexico, reply of 269 Nicaragua, reply of 265 Salvador, reply of 264 Venezuela, replj of 25s Invitation withdrawn by the United States 272 Ecuador responds to 274 Guatemala responds to 272 Paraguay responds to 277 Salvador responds to 275 Uruguay responds to 276 Congress of Montevideo, 1888. Invitation to < Iongress of Montevideo 282 Meeting of Congress of Montevideo 2S1 Results of ( longress of Montevideo 284 Lagos, Garcia, President, address of 284 ( 'osta. Quirno, address of 281! Conference, International American. Arbitration, scheme presented in House of Representatives. 310 Arbitration scheme in Senate 311 Belmont. Perry, minority report against Conference 320 Bill authorizing < tonference passed 329 Cleveland, President, declines to sign bill authorizing meet- ing of ( lonference 375 Conference, International American — Continuea. Cockrell, Senator, introduces bill for 29-1 Commission, South American, authorized 308 Curtis, William Eleroy. appointed Secretary to South Amer- ican Commission 309 Curtis, William Eleroy, address before ( 'ommittee on Foreign Relations 360 Customs Union proposed 297 Customs Union adversely reported 309 Davis, David, introduces first bill for 293 Foreign Affairs Committee, adverse report on 297 Foreign Relations Committee, report on 299 Frelinghuysen, Secretary, project 300 Frye, Senator, bill to authorize holding the Conference 312 Frye, Senator, bill passes Senate 329 Helper, H. R, Bill for a Railway Conference 229 House of Representatives passes bill authorizing Arbitration . 375 Legislation referring to International American Conference . 291 McCreary, Representative, reports against arbitration 310 McCreary, Representative, introduces bill for Conference. . . 314 McCreary, Representative, favorable report for Conference. . 315 MeKinley, Representative, proposes arbitration Conference. 315 Morgan, Senator, introduces bill for Conference 295 Railway, Intercontinental, scheme revived 311 Reagan, Senator, proposes common silver coin 313 Reynolds, Thomas C, appointed commissioner 309 Reynolds, Thomas C, to Committee on Foreign Relations. . . 347 Senate passes bill authorizing Conference 373 Sharpe, George H., appointed on South American commis- sion 309 Silver, common coin proposed 313 Stewart, Representative, favorable report on Conference. . . 302 Thacher, Solon O.. appointed on South American commis- sion 309 Thacher, Solon O., address before Committee on Foreign Relations 331 Townshend Representative, proposes Customs Union 373 HISTORICAL APPENDIX. THE CONGRESS OF 1826 AT PANAMA. Extracts from Constitutional History of the United States. Von Hoist, 1750-1832. As early as 1821 the idea of forming a close connection between the Spanish colonies in Central and South America, then engaged in revolution, had been suggested by Colom- bia. A few months before their independence was recog- nized by the United States a treaty was negotiated between Colombia and Chili (July, 1822), in which a convocation of a congress of the new republics was contemplated. "The construction of a continental system for America," which should "resemble the one already constructed in Europe," was the apparent project of these two powers. The idea ripened very slowly. It was not until the spring of 1825 that the meeting of the Congress in Panama was so far assured that the ambassadors of Colombia and Mex- ico verbally inquired of Clay, who was then Secretary of State of the United States, whether an invitation to be represented at the Congress would be acceptable to the President. Adam had an answer sent, worded in his own cautious way, to the effect that he first wished to be in- C 'lined concerning the topics agreed upon for discussion, the nature and form of powers to be given to the "diplo- matic agents," and the "organization and method of pro- cedure" of the Congress. The ambassadors of the two mentioned states, in their formal letters of invitation, gave very unsatisfactory assurances on these points. Clay re- ferred to this in his answers, but at the same time declared that the President had decided to accept the invitation "at once." When the question of sending representatives to the Congress came up in the Senate, and later in the House, the opposition tried to make capital out of this piece of inconsistency. It was too meaningless in itself to deserve any censure. Its interest was due simply to the fact that it lifted for a moment the veil of the future. * * * * * * * Ingham of Pennsylvania read in the House of Repre- sentatives two newspaper articles, which treated the re- quest for participation in the Panama Congress in exactly different ways. He stated that it was as good as certain that the article opposing this had proceeded from or been inspired by Adams, and the one in its favor by Clay. He gave no proof for the assertion. It must therefore remain a question whether his zeal in opposition did not lead him to put forward groundless suspicions as facts. But it may be considered as sufficiently proved that Adams at first looked on the project much more coolly than he did after- wards, and that Clay was not without influence upon this change of opinion. Clay had rendered great services to the young republics. He had been the most determined champion of their affairs in the United States. He had at first demanded with stormy energy that sympathy for them should not exhaust itself in worthless words, but take the form of acts. No defeat frightened him from the field, and it was largely due to his constant efforts that their independence had been already recognized by the United States in the spring of 1822. His speeches on these questions are among the most brilliant productions of his genius. His most nota- ble characteristics, as well as his greatest weakness, ap- peared in them in the clearest light. His enthusiasm lifted him, with a hold sweep, to a height from which he looked down with compassionate impatience upon the petty poli- ticians who, in their routine wisdom, could uot see the forest because of the trees around them. The knowledge that America was an integral part of one civilized world dawned in his mind. If his agitation was based on the sharp emphasis which lie laid on the opposing positions of America and Europe, vet the fact does not contradict this assertion. Exactly because lie did not, in his political reasoning, lose sighl of Europe, be strove for the consoli- dation of America and insisted upon its peculiar charac- teristics and its specific interests. Tbeattempl of the Holy Alliance to fetter together Europe in behalf of the inter- ests of absolute monarchy made it seem to him desirable, if not necessary, to oppose to this "unholy league" a .union of the states founded upon the "American princi- ple" of popular sovereignty. The authorship of this idea of a solidarity of the interests of all America, resting nol only upon the geographical proximity of States, but mainly, indeed, upon the identity of their fundamental political principles, belongs, not ex- clusively, but yet chiefly to Clay. According to his plan this solidarity of interests was to assume concrete form in the Panama Congress. It would there be legally adopted so far as this fundamental political principle had obtained practical recognition. From this firm stand-point he hoped to see the great plan he had announced as early as 1820 realized — the establishment of a " human-freedom league in America," in which "all the nations from Hudson's Bay to Cape Horn" should be united, but not simply for the sake of remaining in permanent contrast to Europe, tortured by despots. He declared that through the power of example, through its moral influence, the American system would ever extend farther and farther, so that a point of union, a haven for freedom and lovers of freedom, would be formed upon the soil that was wet with the blood of tin' revolutionary forefathers. In his speeidi of March 24, 1818, •"on the emancipation of Solltll America," lie denied tile justice of the assertion that the South Americans were too ignorant and too super- stitious "to allow of the existence of a free state." He questioned the ignorance, but yet denied that ignorance necessitated incapacity for self-government. That, he de- clared, was the doctrine of the throne, and conflicted with the natural order of things. The South Americans, he said, " adopt our principles, copy our institutions, and in 10 many cases use both the language of our revolutionary ordinances and the thoughts therein expressed." The Secretary of State had known how to impart to the President something of his own enthusiasm, which let him see in the Panama Congress the boundary stone of a ■'' new epoch of the world's history." Adams's message to the House of Representatives fairly surpassed Clay's effusions in pompous phrases. He doubted whether such a favor- able opportunity for subserving " the benevolent pur- poses of Divine Providence " and dispensing ' ' the prom- ised blessings of the Redeemer of mankind" would again be presented to the United States in centuries. * * * * * * * He discusses, first and most thoroughly, the conclusion of friendly and commercial treaties, on the basis of com- plete reciprocity, on the footing of the most favored nation, "the abolition of private war upon the ocean," and limita- tions of war usages, in regard to contraband-of-war and blockade, in such a way as to favor neutral trade. After explaining, with great minuteness, his position on the Monroe doctrine and the way in which he wishes to see it brought before the Congress and treated by the latter, he touches upon Hayti and Cuba with diplomatic prudence, and finally expresses the opinion that an effort should be made on the part of the United States to obtain the recog- nition of "the just and liberal principles of religious liberty." ******* But the opposition was so crazed in its blind zeal that, out of policy, it had not the slightest word of approval for any point whatever of the whole scheme. Every part of it was raked over the coals, and the most innocent portion was held up as the source of sure destruction. * * * * * * The slaveholders simply stated that they saw in the Con- gress peril to their "peculiar institution," and drew from this fact, in the same conclusive way, the inference that this must be recognized eo ipso as an absolute veto. 11 Now, the South affirmed that in reference to the rest of America, as well as to Europe, slavery must be and remain the prime motive of the foreign policy of the Tinted States. * * ***** In the invitations to the Congress llayti was mentioned. a name that had an ominous sound in the Southern States for more than thirty years. If they could have blotted one page oul of the book of history, it can scarcely be doubted that they would havechosen tl ne which told the story of the successful negro revolution in Hayti. It was a cry of warning, the whole significance of which was re- called to the conscience of the slaveholder by the slightest cause. The thing which had been done could no1 be un- done; hut men did what, they could— the independence of llayti did not exist lor the United States. * * ***** The history of the republics gave an example which was '■ scarcely less fatal than the independence of Hayti to the repose" of the South. They had not onlycopied from the revolutionary records of the United States the words "freedom" and "equality" and "universal emancipa- tion." but had actually broken the chains of all slaves.* It had already 1 n declared that the United States could not. with equanimity see Cuba pass into the hands of a *Whil nnected with slavery can we consent to treat with other nations, and least of nil ought we to touch this question of the inde- pendence of Hayti in conjunction with revolutionary governments, whose own history affords an example scarcely less fatal 1(0,111- repose? Those governments have proclaimed the principles of liberty and equality, and have marched to victory under the bannerof " universal emancipation." You tind men of color at the head of their armies, in their legislative halls, and in their executive departments.— Hayne, March 11. L826, Debates of Congress, VIII, p. 427. * * * * * * * Deb. of Con K ., VIII. p. 111. 2 Hamilton, of South Carolina, declared in the House of Representa- tives : "I should avow what I believe to he the sentiments of the Southern people on this question; and this is, that Haytianin depend- ence is not to he tolerated in any form. * * * A people will not stop to discuss the nice metaphysics of a federative system when havoc and destruction menace them in their doors. 12 European power. Now it was directly declared that the United States would not "allow " and "permit" it. More- over, the position of the country in regard to Colombia's and Mexico's plans of acquisition was more sharply de- fined. It was stated first that '"the President could see no just ground for armed intervention " if Spain should obstinately continue the war, for invasion would then be only a "legal warlike operation" of the States named. Yet this declaration was linked with a significant condi- tion. If these Republics, contrary to all expectation, should place arms in the hands of one race in order to destroy another; if * * * they should countenance and encourage excesses and actions which, on ac- count of our proximity, could by infection endanger our repose and safety; then the Government of the United States might feel obliged to interpose. ******* The administration gained a formal victory in both houses, but practically the opposition had reached its end by delaying the decision. When the ambassadors of the United States arrived in Panama the Congress had already adjourned and the agreed-upon reunion in Tacubaya did not take place. [Extract from, the History of the Monroe Doctrine, by George F. Tucker.] The quotation from the diary of Mr. Plumer which con- cludes the preceding chapter confirms the opinion gener- ally entertained, that Mr. Adams did something more than merely contribute to those passages of the Presi- dent's message which refer to the threatened intervention of European powers. Mr. Adams's fervid patriotism was doubtless quickened by an apprehension, amounting al- most to a conviction, that the adherents of absolutism in Europe were determined to let no opportunity slip to impede in some way the progress of democratic institu- tions on this continent. His continuance in public office, 13 therefore, was a guaranty of the continuance of his for- eign policy; ami very soon after Lis accession to the Presi- dency as the successor of Mr. Monroe an opportunity to continue that policy was presented, in the invitation of several of the South American Republics to the Govern- ment of this country to participate in the deliberations of the Congress of American States to be held at Panama. These South American republics were now rejoicing in the assurance of their own autonomy. It was in L808, uearly twenty years before, that the interference of Napo- leon in the affairs of Spain enabled them to sever their connection with the mother country and to assert their independence. Even then a long struggle was inevitable. In vain they looked to the monarchies of Europe for suc- cor or approval. Their only hope of recognition was in t he Government of the United States. Mr. Clay became particularly prominent in the espousal of their cause. Early in the year 1818 he made a, passionate appeal in the House of Representatives for immediate recognition, and it seems that the condition of those provinces was, on May 13, lsis. one of the subjects of discussion at a meeting of the Cabinet.* Recognition of the new republics by this country was delayed for four years longer, and it was fol- lowed not very long after by their acknowledgment by Great Britain. The inference, therefore, is natural thai upon his acceptance of tin- office of Secretary of State under President Adams. Mi'. Clay was as ready to join in any effort to extend help to the new republics as he had been to champion their cause in the House of Represent- at ives. Spain had not yet given up all hope of resubjugating her former dependencies ; but coercion without the aid of some other European power was practically an impossi- bility. Their sovereignty and independence thus acknowl- edged by the two great English-speaking nations, the young republics began to agitate the calling of a Congress at Panama, to which the Governments of the American States (including the Government of this country) should be in- vited to send representatives to discuss questions and adopt *,See Works of John Quincy Adams, IV, 91. measures particularly affecting the welfare and develop- ment of the American continents. Here it should be noted that Mr. Clay, in his instruc- tions of March 25. 1825. to Mr. Poinsett, minister of the United States to Mexico, directed him to urge upon the Government of that country the utility and expediency of asserting the principles laid down in the message of Pres- ident Monroe, of December 2, 1823. In regard to the principle that the American continents are not henceforth to be considered as subjects for future colonization by any European power, Mr. Clay remarked : There is no disposition to disturb the colonial possessions, as they may now exist, of any of the European powers ; but it is against the estab- lishment of new European colonies upon this continent that the prin- ciple is directed.* At about the time when these instructions were given to Mr. Poinsett, Mr. Clay informed the ministers of Colombia and Mexico, Messrs. Salazar and Obregon, that the Pres- ident thought that the United States ought to be repre- sented at Panama if preliminary points could be satisfac- torily arranged : Such as the subjects to which the attention of the Congress was to be directed, the nature and the form of the powers to be given to the diplomatic agents who were to compose it, and the mode of its organ- ization and its action, f Messrs. Salazar and Obregon, on the 2d and 3d of the following November respectively, adddressed communica- tions to the Secretaiy of State, defining in a general way the probable subjects of discussion at the Congress. Mr. Clay replied on the 30th of the same month that there was not a satisfactory compliance with the President's desire as to the arrangement of preliminary points ; yet the Presi- dent had decided to send commissioners, provided the Senate should give their advice and consent. The same intention was also on the same day communicated to Mr. Canaz, the representative of the Government of Central America. Only a few days after, on the 6th day of December, appeared the President's message, in which he announced * British and Foreign State Papers, 1825, 1826, p. 487. t Ibid. , p. 457, 15 the acceptance of the invitation of the republics of Colom- bia, of Mexico, and of Central America to the United States to take part in the deliberations of the Congress at Panama. On the 26th of the same month, the President sent a special message to the Senate, in which he stated his mo- tives for acceding to the measure, and also the probable subjects of discussion at Panama. He concluded by nom- inating Richard C. Anderson, of Kentucky, and John Sergeant of Pennsylvania, to be envoys extraordinary and ministers plenipotentiary. The following passage from the message particularly refers to our subject of in- quiry : An agreement between all the parties represented at the meeting, that each will guard, by its own means, against the establishment of any future European colony within its borders, may be found advisa- ble. This was more than two years since announced by my prede- cessor to the world as a principle resulting from the emancipation of both the American continents. It may be so developed to the new southern nations that they will all feel it as an essential appendage to their independence.* On March 15. 1826, the President submitted a message to the House of Representatives in which, after referring to that portion of President Monroe's message deprecat- ing future European colonization, he remarked as follows : The principle had first been assumed in the negotiation with Russia. It rested upon a course of reasoning equally simple and conclusive. With the exception of the existing European colonies, which it was in no- wise intended to disturb, the two continents consisted of several sov- ereign and independent nations, whose territories covered their whole surface. By this their independent condition the United States en- joyed the right of commercial intercourse w ith every part of their possessions. To attempt the establishment of a colony in those pos- sessions would be to usurp, to the exclusion of others, a commercial intercourse which was the common possession of all. It could not be done without encroaching upon existing rights of the United States. The Government of Russia has never disputed these positions, nor manifested the slightest dissatisfaction at their having been taken. Most of the new American republics have declared their assent to them : and they now propose, among the subjects of consultation at Panama, to take into consideration the means of making effectual the assertion * British and Foreign State Papers, 1825, 1826, p. 391. 16 Of that principle, as well as the means of resisting interference, from abroad, with the domestic concerns of the American Governments. In alluding to these means it would obviously be premature at this time to anticipate that which is offered merely as a matter for consul- tation, or to pronounce upon those measures which have been or may be suggested. The purpose of this Government is to concur in none which would import hostility to Europe, or justly excite resentment in any of her States. Should it be deemed advisable to contract any con- ventional engagement on this topic, our views would extend no further than to a mutual pledge of the parties to the compact, to maintain the principle in application to its own territory, and to permit no colonial lodgments or establishment of European jurisdiction upon its own soil; and with respect to the obtrusive interference from abroad, if its future character may be inferred from that which has been, and perhaps still is, exercised in more than one of the new States, a joint declaration of its character, and exposure of it to the world, may be probably all that the occasion would require.* Later on, the President considers the question whether the acceptance of the invitation might not have a tendency to change the policy, advocated by Washington, of avoid- ng foreign alliances, f He argues that the counsel of Washington "was founded upon the circumstances in which our country and the world around us were situated at the time when it was given ; " that Europe has still her set of primary interests, and that our distant and detached situation remains the same ; hut that the Spanish- Amer- ican colonies have now been transformed into eight inde- pendent nations, with reference to whom our situation is neither distant nor detached. Our territorial expansion and national development in the interval have been such that America has now "a set of primary interests which have none, or a remote relation to Europe." The President, therefore, concludes that the acceptance of the invitation. " far from conflicting with the counsel or the policy of Washington, is directly deducible from and conformable to it ;" and that it was no less conform- able to the declaration of President Monroe that the ex- tension of the European political system to any portion of this hemisphere would be regarded as dangerous to our peace and safety. J * British, Foreign, and State Papers. 1835, 1826. p. 450. f See page 3. 1 British, Foreign, and State Papers, 1825, 1826, p. 453. 17 Alter quoting this particular declaration, Mr. Adams proceeds as follows : To the question which may he asked, whether this meeting, and the , principles which may be adjusted and settled by it, as rules of inter- course between the American nations, may not give umbrage to the Holy League of European powers, or offense to Spain, it is deemed a sufficient answer that our attendance at Panama can give no just cause of umbrage or offense to either, and that the United States will stipu- late nothing there which can give such cause. Here the right of in- quiry into our purposes and measures must stop. The Holy League of Europe itself was formed without inquiry of the United States whether it would or would not give umbrage to them. The tear of giving um- brage to the Holy League of Europe was urged as a motive for denying to the American nations the acknowledgment of their independence. That it would be viewed by Spain as hostility to her was not only urged, but directly declared by herself. The Congress ami adminis- tration of that day consulted their rights and duties, and not their fears. Fully determined to give no needless displeasure to any foreign power, tin- United States can estimate the probability of their giving it. only by the right which any foreign state could have to take it. from their measures. Neither the representation of the United States at Panama, nor any measure to which their assent may be yielded there, will give to the Holy League or any of its members, nor to Spain, the right to take offense. For the rest, the United States must still, as heretofore, take counsel from their duties rather than their fears. The debate in the Senate upon the proposed mission was extremely acrimonious. Serious charges were brought against the President, and the policy and purposes of the administration were denounced as of a dangerous charac- ter. It was claimed that a participation in the delibera- tions of the Congress could be of no benefit to this country, and might bo the means of involving us in international complications. However, the Senate at last concurred in the appointment of Messrs. Anderson and Sergeant as envoys extraordinary and ministers plenipotentiary. The concurrence of the House was recpiired in order to afford the appropriation necessary to carry the executive measure into effect. Daniel Webster was then a member of that body, and in April, 1826, in committee of the whole, he delivered a remarkably able speech upon the duty of the House. It was not their duty constitutionally to decide, he said, "what shall be discussed by particular ministers, already appointed, when they shall meet the ministers of 2pa 18 the other powers," but simply to vote the necessary appro- priation. The matter would thus be left where the Con- , stitution had left it, " to executive discretion and executive responsibility." After reviewing the events which pre- ceded the declaration of Mr. Monroe, he declared: I look on the message of December, 1823, as forming a bright page in our history. I will neither help to erase it or tear it out, nor shall it be by any act of mine blurred or blotted. It did honor to the sagacity of the Government, and I will not diminish that honor. It elevated the hopes and gratified the patriotism of the people. Over those hopes I will not bring a mildew, nor will I put that gratified patriotism to shame.* The statement of Mr. Adams in regard to the parties to be represented at the conference that ' ' each will guard, by its own means, against the establishment of any future European colony within its borders " f has been often crit- icised, and sometimes denounced as a limitation of the inhibition by Mr. Monroe of European colonization. Mr. Dana maintains that on the assumption, "that a sovereign State would not permit other sovereign States to appro- priate its territory by colonization," Mr. Monroe simply declared, "the fact that the whole continent was within the territory of some responsible State, and not fera, nat- ures, and so open to appropriation," and therefore that the proper view of Mr. Adams's proposal is — that each State represented at the Congress should make for itself the declaration which Mr. Monroe made for the United States in 1823 ; that is, that its territories were not open to appropriation by colonization, and pledge itself to resist any attempts in that direction. 1. It is proper to remark that Mr. Adams's administration was not a popular one, and it is therefore probable that much of the opposition to the mission was inspired by per- sonal feelings and partisan motives. Few measures in the history of the country have excited more intemperate dis- cussion, or created greater antagonism between a Presi- dent and a Senate. Messrs. Anderson and Sergeant, provided with elaborate instructions from Mr. Clay, at last set out to attend the meeting at Panama ; but before their arrival that Con- * Works, iii, 205. f See page 27. IWheaton, edited by Dana, §67 n. 19 gress had assembled, discussed the three considerations of independence, peace, and security, and adjourned. On March 3, 1820, nearly three years after, the President, in laying before the Senate a copy of Mr. Clay's instructions to the deputies, said, that while there was no probability of the renewal of negotiations, "the purposes for which they were intended are still of the deepest interest to our country and to the world, and may hereafter call again for the active energies of the Government of the United States."* If this statement may be regarded as a prophecy, then the recent action of the United States Congress in making an appropriation for sending three commissioners to the countries south of us may be regarded as its fulfillment. Just before the late President Garfield was shot he made the resolution, which was carried out by his successor, of issuing invitations to all the independent Governments of North and South America, to meet in a Peace Congress at Washington. These invitations were afterward recalled or suspended, in order that Congress might give an opin- ion upon the expediency of the step ; and on the 7th of July, 1884, an act was approved making the appropria- tion referred to above, and providing that — Said commissioners shall ascertain the best modes of securing more intimate international and commercial relations between the United States ami the several countries of Central and South America, and for that purpose the, shall visit such countries in Central and South America as the President may direct, f Message of Mr. Adams to Congress December 0, 1825. (Extract from the message from the President of the United States, to both Houses of Congress, at the commencement of the first session of the Nineteenth Con- Among the measures which have been suggested to them by the new relations with one another, resulting from the recent changes in their conditions, is that of assembling, at the Isthmus of Panama, a Congress, at which each of * Benton's Abridgment, x., 252. f U. S. Statutes, 1883, 1884, chap. 333, p. 235. 20 . them should be represented, to deliberate upon the objects important to the welfare of all. The Republics of Colom- bia, of Mexico, and of Central America, have already de- puted plenipotentiaries to such a meeting, and they have invited the United States to be also represented there by their ministers. The invitation has been accepted, and ministers on the part of the United States will be com- missioned to attend at those deliberations, and to take part in them, so far as may be compatible with that neu- trality from which it is neither our intention, nor the desire of the other American States, that we should depart. President Adams s special message to the Senate, Decem- ber 26, 1825. Washington, December 26, 1825. To the Senate of the United States: In the message to both houses of Congress at the com- mencement of the session, it was mentioned that the Gov- ernments of the Republics of Columbia, of Mexico, and of Central America had severally invited the Govern- ment of the United States to be represented at the Congress of American nations to be assembled at Panama, to deliberate upon objects of peculiar concernment to this hemisphere, and that this invitation had been accepted. Although this measure was deemed to be within the con- stitutional competency of the Executive, I have not thought proper to take any step in it. before ascertaining that my opinion of its expediency will concur with that of both branches of the Legislature : First, by the decision of the Senate upon the nominations to be laid before them; and, secondly, by the sanction of both houses to the ap- propriations, without which it can not be carried into effect. A report from the Secretary of State, and copies of the correspondence with the South American Governments on this subject, since the invitation given by them, are 21 herewith transmitted to the Senate. They will disclose the objects of importance which are expected to form a subject of discussion at this meeting, in which interests of high importance to this Union are involved. It will be seen that the United States neither intend nor are expected to take part in any deliberations of a belligerent character ; that the motive of their attendance is neither to contract alliances nor to engage in any undertaking or project im- porting hostility to any other nation. But the South American nations, in the infancy of their independence, often find themselves in positions with reference to other countries, with the principles applicable to which, derivable from the state of independence itself, they have not been familiarized by experience. The re- sult of this has been, that sometimes in their intercourse with the United States they have manifested dispositions to reserve a right of granting special favors and privileges to the Spanish nation as the price of their recognition; at others, they have actually established duties and imposi- tions operating unfavorably to the United States, to the advantage of European powers; and sometimes .they have appeared to consider that they might interchange among themselves mutual concessions of exclusive favor, to which neither European powers nor the United States should be admitted. In most of these cases their regulations unfavorable to us have yielded to friendly expostulation and remonstrance; but it is believed to be of infinite moment that the principles of a liberal commercial inter- course should be exhibited to them, and urged with dis- interested and friendly persuasion i;pon them, when all assembled for the avowed purpose of consulting together upon the establishment of such principles as may have an important bearing upon their future welfare. The consentaneous adoption of principles of maritime neutrality, and favorable to the navigation of peace and commerce in time of war, will also form a subject of con- sideration to this Congress. The doctrine that free ships make free goods, and the restrictions of reason upon the extent of blockades, may be established by general agree- ment, with far more ease and perhaps with less danger, 22 by the general engagement to adhere to them, concerted at such a meeting, than by partial treaties or conventions with each of the nations separately. An agreement be- tween all the parties represented at the meeting that each will guard by its own means against the establishment of any future European colony within its borders may be found advisable. This was more than two years since an- nounced by my predecessor to the world as a principle resulting from the emancipation of both the American continents. It may be so developed to the new southern nations that they will all feel it as an essential appendage to their independence. There is yet another subject upon which, without enter- ing into any treaty, the moral influence of the United States may, perhaps, be exerted with beneficial conse- quences at such a meeting — the advancement of religious liberty. Some of the southern nations are even yet so far under the dominion of prejudice that they have incorpo- rated with their political constitutions an exclusive church, without toleration of any other than the dominant sect. The abandonment of this last badge of religious bigotry and oppression may be pressed more effectually, by the united exertions of those who concur in the principles of freedom of conscience, upon those who are yet to be convinced of their justice and wisdom than by the solitary efforts of a minister to any one of the separate Governments. The indirect influence which the United States may ex- ercise upon any projects or purposes originating in the war in which the southern Republics are still engaged, which might seriously affect the interests of this Union, and the good offices by which the United States may ulti- mately contribute to bring that war to a speedier termina- tion, though among the motives which have convinced me of the propriety of complying with this invitation, are so far contingent and eventual that it would be improper to dwell upon them more at large. In fine, a decisive inducement with me for acceding to the measure is to show, by this token of respect to the southern Republics, the interest that we take in their wel- fare and our disposition to comply with their wishes. 23 Having been the first to recognize their independence and sympathize with them so far as was compatible with our neutral duties in all their struggles and sufferings to ac- quire it, we have laid the foundation of our future inter- course with them in the broadest principles of reciprocity and the most cordial feelings of fraternal friendship. To extend those principles to all our commercial relations with them, and to hand down that friendship to future ages, is congenial to the highest policy of the Union, as it will be to that of all those nations and their posterity. In the confidence that these sentiments will meet the appro- bation of the Senate, I nominate Richard C. Anderson, of Kentucky, and John Sergeant, of Pennsylvania, to lie en- voys extraordinary and ministers plenipotentiary to the assembly of American nations at Panama, and William B. Rochester, of New York, to be secretary to the mission. John Quincy Adams. Letter of Mr. Clay. Department op State, Washington, December 20, 1825. The President op the United States : Sir: Agreeably to your directions, that a statement should be presented to you of what passed in the Department of State with the ministers of the Republics of Columbia, Mexico, and Central America, in respect to the invitation to the United States to be represented in the Congress at Panama, I have the honor now to report : That, during the last spring I held separate conferences on the same day with the respective ministers of Mexico and Colombia at their request, in the course of which each of them verbally stated that his Government was desirous that the United States should be represented at the pro- posed Congress, and that he was instructed to communicate an invitation to their Government to send representatives to it. But that as his Government did not know whether it would or would not be agreeable to the United States to receive such an invitation, and as he did not wish to oc- 24 casion any embarrassment, lie was charged informally to inquire, previous to the delivery of the invitation, whether it would be accepted if given by both of the Republics of Mexico and Colombia. It was also stated by each of those ministers that his Government did not expect that the United States would change their present neutral policy, nor was it desired that they should take part in such of the deliberations of the proposed Congress as might relate to the prosecution of the present war. Having laid before you what transpired at these confer- ences, I received, about a week after they had been held, your direction to inform the ministers of Mexico and Co- lombia, and I accordingly did inform them, that their com- munication was received with due sensibility to the friendly consideration of the United States by which it had been dictated ; that, of course, they could not make them- selves a party to the existing war with Spain, nor to coun- cils for deliberating on the means of its further prosecu- tion ; that the President believed such a Congress as was proposed might be highly useful in settling several im- portant disputed questions of public law, and in arranging other matters of deep interest to the American continent, and strengthening the friendship and amicable intercourse between the American powers ; that before such a Con- gress, however, assembled it appeared to him to be ex- pedient to adjust, between the different powers to be rep- resented, several preliminary points, such as the subjects to which the attention of the Congress was to be directed, the nature and the form of the powers to be given to the diplomatic agents who were to compose it. and the mode of its organization and action. If these preliminary points could be arranged in a manner satisfactory to the United States, the ministers from Colombia and Mexico were in- formed that the President thought the United States ought to be represented at Panama. Each of these ministers undertook to transmit to his Government the answer which was thus given. In this posture the affair remained until the letters were received which accompany this report, from the ministers of the Republics of Mexico and Colombia, under date of 25 the 3d and 2d of November last. To both of those letters the same answer was returned, in official notes, a copy of one of which is with this report. The first and only communication from the minister of the Republic of Central America to this Department, in regard to the Congress at Panama, is contained in his of- ficial note, a copy of which, together with a copy of the answer which was returned by your directions, will lie found along with this report. I have the honor to be, with great respect, your obedient servant, H. Clay. Tlie Mexican Minister i<> Mr. Clay. [Translation.] Legation of the United States of Mexico, Washington. November •'!. 1825. Hon. Henry Clay, Secretary of State : The underwritten minister plenipotentiary has the honor of informing the honorable Secretary of State that he has communicated to his Government the conversations which occurred between them on his making known to him the determination of the Grovernments of Colombia and Mex- ico to form a congress of representatives from the new States of the continent, who, to that end, had been invited. in which were to be discussed subjects of general interest to all the American powers, as well as those which might be particularly suggested by the existence and actual posi- tion of the new powers ; and in the meeting of which it was thought proper by the Government of the subscriber that the United States of America, by means of their commis- sioners, should constitute and take part, as being so much interested in the first anil principal subject upon which the congress would be engaged. In consequence of which, being informed of the concur- rence of this Government in the idea of discussing the first point in a congress, as was desired, and that it would 2fi send representatives to it under condition that the neutral- ity in which it stood towards Spain should not be violated, and that it should be invited thereto by the Republics of Mexico and Colombia, who should, moreover, signify the affairs with which it was to be occupied, to promote its object, and the necessary uniformity of credentials or authorization of the respective representatives, the Presi- dent of the United States of Mexico has charged and com- missioned anew the underwritten to make the invitation and to point out the affairs as stated. The Government of the subscriber never supposed nor desired that the United States of America would take part in the congress about to be held, in other matters than those which, from their nature and importance, the late administration pointed out and characterized as being of general interest to the continent; for which reason, one of the subjects which will occupy the attention of the con- gress will be the resistance or opposition to the interfer- ence of any neutral nation in the question and war of independence between the new powers of the continent and Spain. The Government of the undersigned apprehends that, as the powers of America are of accord as to resistance, it behooves them to discuss the means of giving to that resist- ance all possible force, that the evil may be met, if it can not be avoided ; and the only means of accomplishing this object is by a previous concert as to the mode in which each of them shall lend its co-operation ; for, otherwise, resistance would operate but partially, and in a manner much less certain and effective. The opposition to colonization in America by the Euro- pean powers will be another of the questions which may be discussed, and which is in like predicament with the foregoing. After these two principal subjects the representatives of the United States of America may be occupied upon others to which the existence of the new States may give rise, and which it is not easy to point out or enumerate, for which the Government of the United States of Mexico will give instructions and ample powers to its commis- 27 siouers, and it trusts that those from the other powers may bear the same. The congress is to be assembled in Panama, at which city the representatives from Colombia, Peru, Guatemala, and Mexico will already have arrived at the date of this; they will be engaged upon the preliminary rules of the assembly, and likewise upon questions which belong ex- clusively to the belligerents. The United States of America may send their represent- atives to that city to take part in those questions which long since they were the first in declaring to the world, as of transcendant importance to the interests of all Amer- ica, and in others to which the formation of the new States will give rise, the concurrence in which will, moreover, accomplish the object so much desired by their respective Governments of manifesting, by deeds, the disposition and facility which the powers of this continent possess to act in concert in the common cause. To which end, and in compliance with the tenor of the conversations held with the honorable Secretary of State, the underwritten minister plenipotentiary invites this Gov- ernment to send representatives to the congress of Pan- ama, with authorities as aforesaid, and with express in- structions in their credentials upon the two principal questions, in which step he is likewise joined by the min- ister of Colombia, and with which he trusts he has ful- filled all that was stipulated to this end. The subscriber has the honor on this occasion to pre- sent to the honorable Secretary of State his respects and highest consideration. Pablo Obregon. Tlie Colombian Minister to Mr. Clay. [Translation.] Legation of Colombia, Near the United States of North America, Washington, November 2, 1825. The undersigned has the honor to communicate to the Hon. Henry Clay, for the information of his Government and the attainment of the objects proposed, that the 2R assembly of American plenipotentiaries, in relation to which the minister to Mexico and the undersigned have held some verbal conferences with the Secretary of State, at their previous request, will shortly be organized. The plenipotentiaries from Peru are already at the Isthmus of Panama, the place appointed for the Congress, and those from Colombia and other American Republics are on their way to this assembly, which they have provided for by public treaties. The honorable Secretary having intimated, in the name of his Government, that the United States, if formally in- vited by Mexico and Colombia, and apprised of the sub- jects to be discussed, would on their part appoint a person to represent them, if these subjects should be approved by the United States, the undersigned is accordingly au- thorized by his Government to address this invitation which he now makes by this note, in all due form. He is also assured that the minister from Mexico will present the same invitation on the part of his Government, and the minister from Guatemala has just received similar instructions from his Government. Of the points which will be under discussion by the assembly of Panama the undersigned is unable to give a minute enumeration, as they will evidently arise out of the deliberations of the Congress. He is, however, au- thorized by his government to assure the United States that these points have no tendency to violate their pro- fessed principles of neutrality. The undersigned has also been instructed to suggest some subjects that will form useful matter of discussion in the Congress. These subjects constitute two classes : (1) Matters peculiarly and exclusively concerning the belligerents. (2) Matters between the belligerents and neutrals. As the United States will not take part in the discussion of subjects of the first description, we will confine our- selves to the latter. At Panama the best and most opportune occasion is offered to the United States to fix some principles of inter- national law, the unsettled state of which has caused 29 much evil to humanity. It is to be presumed that this Government possesses more light upon the subject than the other States of our hemisphere, both from its experi- ence during the wars that succeeded the French Revolu- tion and from its negotiations now on foot with Great Britain and other nations relative to these principles. It belongs to each of the concurring parties to propose their views, but the voice of the United States will be heard with the respect and deference which its early labors in a work of such importance will merit. The manner in which all colonization of European powers on the American continent shall lie resisted and their interference in the present contest between Spain and her former colonies prevented are other points of threat interest. Were it proper an eventual alliance, in case these events should occur, is within the range of possibilities, and a treaty, of which no useshould be made as long as the casus foederis should happen to remain secret; or. if this should seem premature, a convention so anticipated would be a proper means to secure the same end of preventing foreign influence. This is a- matter of immediate utility to the American States that are at war with Spain, anil is in accordance with the repeated decla- rations ami protests of the Cabinet at Washington. The conferences held on this subject being confidential would increase mutual, friendship and promote the respective interests of the parties. The consideration of the means to be adopted for the entire abolition of the African slave trade is a subject sacred to humanity and interesting to the policy of the American States. To effect it their energetic, general, and uniform co-opera t ii in is desirable. At the proposition of the United States, Colombia made a convention with them on this subject, which has not been ratified by the Government of the United States. Would that America, which does not consider politic what is unjust, would con- tribute in union and with common consent to the good of Africa. The inhabitants of this portion of the globe have suc- ceeded in founding an independent Republic, whose gov- 30 ernment Is now recognized by its ancient sovereign. On what basis the relations of Hayti and other parts of our hemisphere that shall hereafter be in like circumstances are to be placed, is a question simple at first view, but at- tended with serious difficulties when closely examined. These arise from the different manner of regarding Africans and from their different rights in Hayti, the United States, and in other American States. This ques- tion will be determined at the Isthmus, and, if possible, a uniform rule of conduct adopted in regard to it, or those modifications that may be demanded by circumstances. The undersigned merely makes these siiggestions by way of example ; it is left to the wisdom of the Governments and the judgment of their representatives to propose whatever may be esteemed of common good to the new hemisphere. Inviting the United States, in the name of Colombia, to a Congress, the mere assembling of which will increase the political importance of America and show the facility with which she can combine her re- sources in defense of common rights when necessary, the undersigned hopes that the United States will make an early appointment of a person or persons to represent them in this assembly, as the conditions that were re- quired have been fulfilled. The undersigned has the honor to offer to the Honor- able Henry Clay his most distinguished consideration. Jose Maria Salazar. Mr. Clay to the Mexican Minister. Department op State, Washington, November 30, 1825. Sir : I have the honor to acknowledge the receipt of your official note of the 3d instant, communicating a formal invitation from the Government of the United States of Mexico to that of the United States to send deputies to the contemplated congress of Panama; and particularizing several subjects, which your Government conceives may be proper for the consideration of that con- 31 gress; and I have laid your note before the President of the United States. When, at yoiir instance, during the last spring, I had the honor of receiving you at the Department of State and conferring with you verbally in regard to the pro- posed congress, and to the friendly wish entertained by your Government that ours should be represented at it, I stated to you, by direction of the President, that it appeared to him to be necessary, before the assembling of such a congress, to settle, between the different powers to be represented, several preliminary points, such as the subjects to which the attention of the congress should be directed, the substance and the form of the powers to be given to the respective representatives, and the mode of organizing the congress ; and that, if these points should be satisfactorily arranged, the President would be dis- posed to accept, in behalf of the United States, the invita- tion with which you were provisionally charged. In your note there is not recognized so exact a compli- ance with the conditions on which the President expressed his unwillingness that the United States should be repre- sented at Panama as could have been desired. It would have been, perhaps, better if there had been a full under- standing between all the American powers who may as- semble by their representatives, of the precise questions on which they are to deliberate; and that some other mat- ters respecting the powers of the deputies and the organ- ization of the Congress should have been distinctly ar- ranged prior to the opening of its deliberations. But as the want of the adjustment of these preliminaries, if it should occasion any inconvenience, could be only produc- tive of some delay, the President has determined at once to manifest the sensibility of the United States to whatever concerns the prosperity of the American hemisphere and to the friendly motives which have actuated your Govern- ment in transmitting what you have communicated. He has therefore resolved, should the Senate of the United States, now expected to assemble in a few days, give their advice and consent, to send commissioners to the Congress at Panama. Whilst they will not be authorized to enter 32 upon any deliberations, or to concur in any acts inconsist- ent with the present neutral position of the United States and its obligations, they will be fully empowered and in- structed upon all questions likely to arise in the Congress on subjects in which the nations of America have a com- mon interest. All unnecessary delay will be avoided in the departure of these commissioners from the United States for the point of their destination. I avail myself of the occasion to offer you assurances of my distinguished consideration. J H. Clay. Don Pablo Obregon, Envoy Extraordinary and Minister Plenipotentiary from Mexico. (A similar letter was sent to Mr. Salazar the Colombian minister.) The Minister from Central America to Mr. Clay. [Translation.] Washington, November 14, 1825. The Secretary of State: The Government of Central America, which I have the honor to represent, as early as the year 1821 was sensible of the importance to the independent nations of this con- tinent of a general congress of their representatives at some central point, which might consider upon and adopt the best plan for defending the States of the New World from foreign aggression, and, by treaties of alliance, com- merce, and friendship, raise them to that elevation of wealth and power which from their resources they may attain. It also acknowledged that as Europe had formed a conti- nental system, and held a congress whenever questions affecting its interests were to be discussed, America should form a system of itself, and assemble, by its representa- tives, in cortes whenever circumstances of necessity and great importance should demand it. Entertaining these views, the Government of Central America voluntarily expressed its willingness to appoint its deputies for such an object. Sensible of its importance, 33 which has also been felt- by the Governments of South America, it has resolved to send plenipotentiaries to a general congress, to be formed for the purpose of pre- serving the territorial integrity and firmly establishing the absolute independence of each of the American Re- publics. On the 19th of March last the Government of Central America formed a convention with that of Colom- bia, providing for this object; and I, as its representative, have been instructed to express to the Government of the United States the desire entertained by my government, that it should send a representative to the general con- gress. To fulfill the wishes of my government, and convinced at the same time of the importance and respectability which would attach to the general congress of the Ameri- can Republics from the presence of envoys from the United States of America, I now address this high Gov- ernment upon the subject in the name of Central America. I am anxious, therefore, to know if this republic, which has ever shown itself the generous friend of the new American States, is disposed to send its envoys to the gen- eral congress, the object of which is to preserve and con- firm the absolute independence of these republics and to promote the general good, and which tvill not requirt that the representatives of the United States should in the bust compromise tin ir present neutrality, harmony, mid good fellowship with other nations. This my government has deemed it necessary to state distinctly in making the pres- ent invitation. Be pleased, sir, to accept expressions of the high con- sideration with which I am, respectfully, your obedient servant, Antonio Jose Canaz. Mr. Clay to the Minister from Central Ann rica. Department of State, Washington, November 30, 1825. Sir : I have the honor to acknowledge the receipt of your official note of the 14th instant, communicating an invitation from the Government of the Federation of the 3PA 34 Center of America to that of the United States to the contemplated congress at Panama. Having laid it before the President, I am instructed by him to say, that the United States, always feeling the deepest interest in what- ever concerns the prosperity of the American hemisphere, and receiving, with great sensibility, this new proof of the friendly esteem of the Government of the Central Repub- lic, will be represented at that congress, if the Senate of the United States should so advise and consent. That body will assemble in the course of a few days, and, if it concur with the President, commissioners from the United States will be deputed to Panama without any unneces- sary delay. These commissioners will be empowered and instructed upon all questions which may appear to this Government to be likely to arise in the congress, on sub- jects on which the nations of America may be supposed to have a common interest. I avail myself of the occasion to offer you, sir, assur- ances of my distinguished consideration. H. Clay. Don Antonio Jose Canaz, Envoy Extraordinary and Minister Plenipotentiary from Central America. Reply of President Adams to a Resolution of Inquiry from the House of Representatives. [Message from the President of the United States, transmitting the information re- quired by a resolution of the House of Representatives of March 5, 1826.] Washington, March 15, 1826. To the House of Representatives of the United States: In compliance with the resolution of the .House of the 5th ultimo, requesting me to cause to be laid before the House so much of the correspondence between the Govern- ment of the United States and the new States of America or their ministers respecting the proposed congress or meeting of diplomatic agents at Panama, and such infor- mation respecting the general character of that expected congress as may be in my possession and as may, in my 35 opinion, be communicated without prejudice to the public interest; and, also, to inform the House, so far as, in my opinion, the public interest may allow, in regard to what objects the agents of the United States are expected to take part in the deliberations of that Congress, I now transmit to the House a report from the Secretary of State, with the correspondence and information requested by the resolution. With regard to the objects in which the agents of the United States are expected to take part in the delibera- tions of that congress, I deem it proper to premise that these objects did not form the only, nor even the principal, motive for my acceptance of the invitation. My first and greatest inducement was to meet, in the spirit of kindness and friendship, an overture made in that spirit by three sister Republics of this hemisphere. The great revolution in human affairs which has brought into existence, nearly at the same time, eight sovereign and independent nations in our own quarter of the globe, has placed the United States in a situation not less novel and scarcely less interesting than that in which they had found themselves, by their own transition, from a cluster of colonics to a nation of sovereign States. The deliver- ance of the Southern American Republics from the oppres- sion under which they had been so long afflicted was hailed with great unanimity by the people of this Union as among the most auspicious events of the age. On the 4th of May, 1822, an act of Congress made an appropriation of $100,000 " for such missions to the independent nations on the American continent as the President of the United States might deem proper." In exercising the authority recognized by this act my predecessor, by and with the advice and consent of the Senate appointed, successively, ministers plenipotentiary to the Republics of Colombia, Buenos Ayres, Chili, and Mexico. Unwilling to raise among the fraternity of free- dom questions of precedency and etiquette which even the European monarchs had of late found it necessary in a great measure to discard, he dispatched these ministers to Colombia, Buenos Ayres, and Chili without exacting 36 from those Republics, as by the ancient principles of polit- ical primogeniture be might have clone, that the compli- ment of a plenipotentiary mission should have been paid first by them to the United States. The instructions prepared, under his direction, to Mr. Anderson, the first of our ministers to the Southern Con- tinent, contain, at much length, the general principles upon which he thought it desirable that our relations, polit- ical and commercial, with these, our new neighbors, should be established, for their benefit and ours, and that of the future ages of our posterity. A copy of so much of these instructions as relates to these general subjects is among the papers nowtransmitted to the House. Similar instruc- tions were furnished to the ministers appointed to Buenos Ayres. Chili, and Mexico ; and the system of social inter- course which it was the purpose of those missions to estab- lish, from the first opening of our diplomatic relations with those rising nations, is the most effective exposition of the principles upon which the invitation to the congress at Panama has been accepted by me, as well as of the objects of negotiation at that meeting, in which it was expected that our plenipotentiaries should take part. The House will perceive that, even at the date of these instructions, the first treaties between some of the south- ern republics had been concluded, by which they had stip- ulated among themselves this diplomatic assembly at Panama ; and it will be seen with what caution, so far as it might concern the policy of the United States, and, at the same time, with what frankness and good will towards those nations, he gave countenance to their design of invit- ing the United States to this high assembly for consulta- tion upon American interests. It was not considered a conclusive reason for declining this invitation that the proposal for assembling such a con- gress had not first been made by ourselves. It had sprung from the urgent, immediate, and momentous common in- terests of the great communities struggling for independ- ence, and, as it were, quickening into life. Prom them the proposition to us appeared respectful and friendly ; from us to them it could scarcely have been made without ex- 37 posing ourselves to suspicions of purposes of ambition, if not of domination, more suited to rouse resistance and excite distrust than to conciliate favor and friend- ship. The first and paramount principle upon which it was deemed wise and just to lay the corner-stone of all our future relations with them was disinterestedness ; the next was cordial good-will to them ; the third was a claim of fair and equal reciprocity. Under these impressions, when the invitation was formally and earnestly given, had it even been doubtful whether any of the objects projuosed for consideration and discussion at the congress were such as that immediate and important interests of the United States would be affected by the issue, I should, neverthe- less, have determined, so far as it depended upon me, to have accepted the invitation and to have appointed min- isters to attend the meeting. The proposal itself implied that the republics by whom it was made believed that important interests of ours, or of theirs, rendered our at- tendence there desirable. They had given us notice that, in the novelty of their situation, and in the spirit of defer- ence to our experience, they would be pleased to have the benefit of our friendly counsel. To meet the temper with which this proposal was made with a cold repulse was not thought congenial to that warm interest in their welfare with which the people and Gov- ernment of the Union had hitherto gone hand in hand through the whole progress of their revolution. To insult them by a refusal of their overture and then invite them to a similar assembly to be called by themselves was an expedient which never presented itself to the mind. I would have sent ministers to the meeting had it been merely to give them such advice as they might have de- sired, even with reference to their own interests, not in- volving ours. I would have sent them had it been merely to explain and set forth tc > them our reasons for declining any proposal of specific measures to which they might de- sire our concurrence, but which we might deem incompat- ible with our interests or our duties. In the intercourse between nations temper is a missionary, perhaps, more powerful than talent. Nothing was ever lost by kind 38 treatment. Nothing can be gained by sullen repulses and aspiring pretensions. But objects of the highest importance, not only to the future welfare of the whole human race, but bearing di- rectly upon the special interests of this Union will engage the deliberations of the congress of Panama whether we are represented there or not. Others, if we are repre- sented, may be offered by our plenipotentiaries for consid- eration having in view both these great results— our own interests and the improvement of the condition of man upon earth. It may be that in the lapse of many centu- ries no other opportunity so favorable will be presented to the Government of the United States to subserve the benevolent purposes of Divine Providence to dispense the promised blessings of the Redeemer of mankind ; to pro- mote the prevalence in future ages of peace on earth and good will to man, as will now be placed in their power by participating in the deliberations of this congress. Among the topics enumerated in official papers, pub- lished by the Republic of Colombia, and adverted to in the correspondence now communicated to the House as in- tended to be presented for discussion at Panama, there is scarcely one in which the result of the meeting will not deeply affect the interests of the United States. Even those in which the belligerent States alone will take an active part will have a powerful effect uj)on the state of our re- lations with the American and probably with the princi- pal European States. Were it merely that we might be correctly and speedily informed of the proceedings of the congress, and of the progress and issue of their negotia- tions, I should hold it advisable that we should have an accredited agency with them, placed in such confidential relations with the other members as would insure the au- thenticity and the safe and early transmission of its reports. Of the same enumerating topics are the preparation of a manifesto setting forth to the world the justice of their cause and the relations they desire to hold with other Christian powers, and to form a convention of navigation and commerce applicable both to the Confederated States and to their allies. 39 It will Be within the recollection of the House that im- mediately after the close of the war of our Independence a measure closely analogous to this congress of Panama was adopted by the congress of our confederation and for purposes of precisely the same character. Three commis- sioners with plenipotentiary powers were appointed to negotiate treaties of amity, navigation, and commerce with all the principal powers of Europe. They met and resided for that purpose about one year at Paris, and the only result of their negotiations at that time was the first treaty between the United States and Prussia, memorable in the diplomatic annals of the world and precious as a monu- ment of the principles in relation to commerce and mari- time warfare, with which our country entered upon her career as a member of the great family of independent nations. This treaty, prepared in conformity with the instructions of the American plenipotentiaries, consecrated three fun- damental principles of the foreign intercourse which the congress at that period were desirous of establishing: First, equal reciprocity and the mutual stipulation of the privileges of the most favored nation in the commercial exchanges of peace; secondly, the abolition of private war upon the ocean; and, thirdly, restrictions favorable to neu- tral commerce upon belligerent practices with regard to contraband of war and blockades. A painful, it may be said a calamitous, experience of mi »re than forty years has demonstrated the deep importance of these same princi- ples to the peace and prosperity of this nation, and to the welfare of all maritime States, and has illustrated the pro- found wisdom with which they were assumed as cardinal points of the policy of the Union. At the same time, in the infancy of their political exist- ence under the influence of those principles of liberty and of right, so congenial to the cause in which they had just fought and triumphed, they were able but to obtain the sanction of one great and philosophical, though absolute, sovereign in Europe to their liberal and enlightened principles. They could obtain no more. Since then a political hurricane has gone over three-fourths of the 40 civilized portions of the earth, the desolation of which, it may with confidence he expected, is passing away, leaving, at least, the American atmosphere purified and refreshed. And now, at this propitious moment, the new-horn nations of this hemisphere, assemhling hy their representatives at the isthmus between its two continents, to settle the prin- ciples of their future international intercourse with other nations and with us, ask, in this great exigency, for our advice upon those very fundamental maxims, which we, from our cradle, at first proclaimed and partially suc- ceeded to introduce into the code of national law. Without recurring to that total prostration of all neu- tral and commercial rights which marked the progress of the late European wars, and which finally involved the United States in them, and adverting only to our political relations with these American nations, it is observable that, while in all other respects those relations have been uniformly and, without exception, of the most friendly and mutually satisfactory character, the only causes of difference and dissension between us and them which ever have arisen originated in those never-failing fountains of discord and irritation, discriminations of commercial favor to other nations, licentious privateers, and paper blockades. I can not, without doing injustice to the Re- publics of Buenos Ayres and Colombia, forbear to acknowledge the candid and conciliatory spirit with which they have repeatedly yielded to our friendly representa- tives and remonstrances on these subjects ; in repealing discriminative laws which operated to our disadvantage, and in revoking the commissions of their privateers ; to which Colombia has added the magnanimity of making- reparation for unlawful captures by some of her cruisers. and of assenting, in the midst of war, to treaty stipulations favorable to neutral navigation. But the recurrence of these occasions of complaint has rendered the renewal of the discussions which result in the removal of them neces- sary, while, in the meantime, injuries are sustained by mer- chants and other individuals of the United States, which can not be repaired, and the remedy lingers in overtaking the pernicious operation of the mischief. The settlement 41 of general principles pervading with equal efficacy all the American States can alone put an end to these evils, and can alone be accomplished at the proposed assembly. If it be true that the noblest treaty of peace ever men- tioned in history is that by which the Carthagenians were bound to abolish the practice of sacrificing their own chil- dren, because it was stipulated in favor of human nature, lean not exaggerate to myself the unfading glory witli which these United States will go forth in the memory of future ages if. by their friendly counsel, by their moral influence, by the power of argument and persuasion alone, bhey can prevail upon the American nations at Panama to stipulate, by general agreement among themselves ami so far as any of them maybe concerned, the perpetual abolition of private war upon the ocean. And, if we can not yet flatter ourselves that this maybe accomplished, as advances towards it. the establishment of the principle that the friendly flag shall cover the cargo, the curtail- ment of contraband of war and the proscription of fictitious paper blockades, engagements which we may reasonably hope will not prove impracticable, will, if successfully in- culcated, redound proportionally to our honor and drain the fountain of many a future sanguinary war. The late President of the United States, in his message to Congress of the 2d December, l$2o, while announcing the negotiation then pending with Russia relating to the northwest coasl of this continent, observed that the occa- sion of the discussions to which that incident had given rise had been taken for asserting as a principle in which the rights and interests of the United States were involved, that the American continents, by the free and independent condition which they had assumed and maintained, were thenceforward not to be considered as subjects for future colonization by any European power. The principle had first been assumed in that negotiation with Russia. It rested upon a course of reasoning equally simple and con- clusive. With the exception of the existing European colonies, which it was in no wise intended to disturb, the two conti- nents consisted of several sovereign and independent na- 42 tions, -whose territories covered their whole surface. By this, their independent condition, the United States en- joyed the right of commercial intercourse with every part of their possessions. To attempt the establishment of a colony in those possessions would be to usurp, to the ex- clusion of others, a commercial intercourse which was the common possession of all. It could not be clone with- out encroaching upon existing rights of the United States. The Government of Russia has never disputed these posi- tions nor manifested the slightest dissatisfaction at their having been taken. Most of the new American Repub- lics have declared their entire assent to them; and they now propose, among the subjects of consultation at Panama, to take into consideration the means of making effectual the assertion of that principle as well as the means of resisting interference from abroad with the domestic con- cerns of the American Governments. In alluding to these means it would obviously be pre- mature at this time to anticipate that which is offered merely as matter for consultation, or to pronounce upon those measures which have been or may be suggested. The purpose of this Government is to concur in none which would import hostility to Europe or justly excite resentment in any of her States. Should it be deemed advisable to contract any conventional engagement on this topic our views would extend no further than to a mutual pledge of the parties to the compact to maintain the prin- ciple in application to its own territory and to permit no colonial lodgments or establishment of European jurisdic- tion upon its own soil; and, with respect to the obtrusive interference from abroad, if its future character may be inferred from that which has been and perhaps still is exercised in more than one of the new States, a joint dec- laration of its character and exposure of it to- the world may be probably all that the occasion would require. Whether the United States should or should not be parties to such a declaration may justly form a part of the deliberation. That there is an evil to be remedied needs little insight into the secret history of late years to know, and that this remedy may best be concerted at the 43 Panama meeting deserves at least the experiment of consid- eration. A concert of measures, having reference to the more effectual abolition of the African slave trade and the consideration of the light in which the political con- dition of the island of Hayti is to be regarded, are also among the subjects mentioned by the minister from the Republic of Colombia as believed to be suitable for deliber- ation at the Congress. The failure of the negotiations with that Republic undertaken during the late admin- istration for the suppression of that trade, in compli- ance with a resolution of the House of Representatives, indicates the expediency of listening, with respectful at- tention, to propositions which may contribute to the ac- complishment of the great end which was the purpose of that resolution, while the result of those negotiations will serve as admonition to abstain from pledging this Govern- ment to any arrangement which might be expected to fail of obtaining the advice and consent of the Senate by a constitutional majority to its ratification. Whether the political condition of the Island of Hayti shall be brought at all into discussion at the meeting may be a question for preliminary advisement. There are in the political constitution of government of that people circumstances which have hitherto forbidden the acknowl- edgment of them by the Government of the United States as sovereign and independent. Additional reasons for withholding that acknowledgment have recently been in their acceptance of a nominal sovereignty by the grant of a foreign prince, under conditions equivalent to the concession by them of exclusive commercial advantages to one nation, adapted altogether to the state of colonial vassalage, and retaining little of independence but the name. Our plenipotentiaries will be instructed to present these views to the assembly at Panama, and should they not be concurred in to decline acceding to any arrangement which may be proposed upon different principles. The condition of the islands of Cuba and Porto Rico is of deeper import and more immediate bearing upon the present interests and future prospects of our Union. The 44 correspondence herewith transmitted will show how ear- nestly it has engaged the attention of this Government. The invasion of hoth those islands by the united forces of Mexico and Colombia is avowedly among the objects to be matured by the belligerent states at Panama. The con- vulsions to which, from the peculiar composition of their population, they would be liable in the event of such an invasion, and the danger therefrom resulting of their fall- ing ultimately into the hands of some European power other than Spain, will not admit of our looking at the consequences to which the congress at Panama may lead with indifference. It is unnecessary to enlarge upon this topic, or to say more than that all our efforts in reference to this interest will be to preserve the existing state of things — the tranquillity of the islands and the peace and security of their inhabitants. And, lastly, the congress of Panama is believed to pre- sent a fair occasion for urging upon all the new nations of the south the just and liberal principles of religious liberty. Not by any interference whatever in their internal con- cerns, but by claiming for our citizens, whose occupations or interests may call them to occasional residence in their territories, the inestimable privilege of worshipping their Creator according to the dictates of their own consciences. This privilege, sanctioned by the customary law of nations, and secured by treaty stipulations in numerous national compacts, secured even to our own citizens in the treaties with Colombia and with the Federation of Central Amer- ica, is yet to be obtained in the other South American States and Mexico. Existing prejudices are still strug- gling against it, which may perhaps be more successfully combated at this general meeting than at the separate seats of government of each republic. I can scarcely deem it otherwise than superfluous to ob- serve that the assembly will be in its nature diplomatic and not legislative. That nothing can be transacted there obligatory upon any one of the states to be repre- sented at the meeting, unless with the express concurrence of its own representatives ; nor even then, but subject to the ratification of its constitutional authority at home. 45 The faith of the United States to foreign powers can not i itherwise be pledged. I shall, indeed, in the first instance, consider the assembly as merely consultative; and al- though the plenipotentiaries of the United States will be empowered to receive and refer to the consideration of their Government any proposition from the other parties to the meeting, they will be authorized to conclude noth- ing unless subject to the definitive/ sanction of this Gov- ernment in all its constitutional tonus. It has, therefore, seemed to nie unnecessary to insist that every object to be discussed at the meeting should be specified with the precision of a judicial sentence or enumerated with the exactness of a mathematical demonstration. The pur- pose of the meeting itself is to deliberate upon the great and common interests of several new and neighboring nations. If the measure is new and without precedent, so is the situation of the parties to it. That the purposes of the meeting are somewhat indefinite, far from being an objection to it, is among the cogent reasons for its adop- tion. It is not the establishment of principles of inter- course with one, but with seven or eight nations at once. That, before they have had the means of exchanging ideas and communicating with one another in common upon these topics they should have definitely settled and arranged them in concert, is to require that the effect should precede the cause. It is to exact as a preliminary to the meeting that for the accomplishment of which the meeting itself is designed. Among the inquiries which were thought entitled to consideration, before the determination was taken to ac- cept the invitation, was that, whether the measure might not have a tendency to change the policy, hitherto invaria- bly pursued 1 >y the United States, of avoiding all entangling alliances, and all unnecessary foreign connections. Mindful of the advice given by the Father of our Coun- try, in his farewell address, that the great rule of conduct for lis in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible; and. faithfully adhering to the spirit of that admonition, I can not overlook the reflection 46 that the counsel of Washington, in that instance, like all the counsels of wisdom, was founded upon the circum- stances in which our country and the world around us were situated at the time when it was given. That of the reasons assigned by him for his advice were : that Europe had a set of primary interests, which to us had no, or a very remote, relation. That hence she must be engaged in frequent controversies, the causes of which were essentially foreign to our concerns. That our de- tached and distant situation, invited and enabled us to pursue a different course. That by our union and rapid growth, with an efficient Government, the period was not far distant when we might defy material injury from ex- ternal annoyance ; when we might take such an attitude as would cause our neutrality to be respected ; and, with reference to belligerent nations, might choose peace or war, as our interests, guided by justice, should counsel. Compare our situation and the circumstances of that tim with those of the present day, and what from the very words of Washington, then, would be his counsels to his countrymen now ? Europe has still her set of pri- mary interests with which we have little or a remote rela- tion. Our distant and detached situation, with reference to Europe, remains the same. But we were then the only independent nation of this hemisphere : and we were surrounded by European colonies, with the greater part of which we had no more intercourse than with the in- habitants of another planet. Those colonies have now been transformed into eight independent nations, extend- ing to our very borders ; seven of them Republics like ourselves, with whom we have an immensely growing commercial, and must have, and have already, important policital connections ; with reference to whom our situa- tion is neither detached nor distant ; whose political principles and systems of government, congenial with our own, must and will have an action and counteraction upon us and ours, to which we can not be indifferent if we would. The rapidity of our growth, and the consequent increase of our strength, has more than realized the anticipations 47 of this admirable political legacy. Thirty years have nearly elapsed since it was written, and in the interval our population, our wealth, our territorial extension, our power, physical and moral, has nearly trebled. Reason- ing upon this state of things from the sound and judicious principles of Washington, must we not say that the period which he predicted as then not far off has arrived ; that America has a set of primary interests which have none, or a remote relation to Europe ; that the interfer- ence of Europe, therefore, in those concerns, should be spontaneously withheld by her upon the same principle — that we have never interfered with hers ; and that, if she should interfere, as she may, by measures which may have a great and dangerous recoil upon ourselves, we might be called, in defense of otu* own altars and firesides, to take an attitude which would cause our neutrality to be re- spected, and choose peace or war as our interest, guided by justice, should counsel. The acceptance of this invitation, therefore, far from conflicting with the counsel or the policy of Washington, is directly deducible from and conformable to it. Nor is it less conformable to the views of my immediate prede- cessor, as declared in his annual message to Congress, of the 2d December, L823, to which I have already adverted, and to an important passage of which I invite the attention of the House. The citizens of the United States [said he] cherish sentiments the most friendly in favor of the liberty and happiness of their fellow-men on that [the European] side of the Atlantic. In the wars of the Euro- pean powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced that we resent injuries or make preparation for our defense. With the movements in this hem- isphere we are of necessity more immediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this re- spect from that of America. This difference proceeds from that which exists in their respective governments. And to the defense of our own which has been achieved by the loss of so much blood and treasure and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor, and to the amicable re- 48 lations subsisting between the United States anil those powers, to de- clare that we should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power we have not interfered and shall not interfere. But with the Governments who have declared their independence, and maintained it, and whose independence we have, on great con- sideration and on just principles acknowledged, we could not view any nterposition, for the purposes of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light than as the manifestation of an unfriendly disposition towards the United States. In the war between those new Governments and Spain, we declared our neutrality at the time of their recognition, and to this we have adhered, and shall continue to adhere, provided no change shall occur which, in the judgment of the competent authorities of this Government, shall make a corresponding change on the part of the United States indispensable to their security. To the question which may be asked, whether this meet- ing and the principles which may be adjusted and settled by it, as rules of intercourse between the American na- tions, may not give umbrage to the Holy League of Euro- pean powers, or offense to Spain, it is deemed a sufficient answer that our attendance at Panama can give no just cause of umbrage or offense to either, and that the United States will stipulate nothing there which can give such cause. Here the right of inquiry into our purposes and measures must stop. The Holy League of Europe itself was formed without inquiring of the United States whether it would or would not give umbrage to them. The fear of giving umbrage to the Holy League of Europe was urged as a motive for denying to the American nations the acknowledgment of their independence. That it would be viewed by Spain as hostility to her was not only urged, but directly declared by herself. The Congress and administration of that day consulted their rights and duties, and not their fears. Fully determined, to give no needless displeasure to any foreign power, the United States can estimate the probability of their giving it only by the right which any foreign State could have to take it from their measures. Neither the representation of the United States at Panama nor any measure to which their assent may be yielded there will give to the Holy League, 49 or any of its members, nor to Spain, the right to take i iff wise. For the rest, the United States must still, as hereto- fi ire, t ake counsel from their duties, rather than their fears. Such are the objects in which it is expected that the plenipotentiaries of the United States, when commissioned to attend the meeting at the Isthmus, will take part ; and such arc the motives and purposes with which the invita- tion of the three Republics was accepted. It was, how- ever, as the House will perceive from the correspondence, accepted only upon condition that the nomination of com- missioners for the mission should receive the advice and consent of the Senate. Tlif concurrence of the House to the measure, by the appropriations necessary for carrying it into effect, isalike subject to its free determination and indispensable to the fulfillment of the intention. That the congress at Panama will accomplish all or even any of the transcendent benefits to the human race which warmed the conceptions of its first proposer, it were, perhaps, indulging too sanguine a forecast of events to promise. It is, in its nature, a measure speculative and expi •rimental. The blessing of Heaven may turn it to the account of human improvement. Accidents unforeseen and mischances not to be anticipated may haffle all its high purposes and disappoint its fairest expectations ; but the design is great, is benevolent, is humane. It looks to the melioration of the condition of man. It is congenial with that spirit which prompted the declara- tion of our independence ; which inspired the preamble of our first treaty with France ; which dictated our first treaty with Prussia, and the instructions under which it was ne- gotiated ; which filled the hearts and fired the souls of the immortal founders of our revolution. With this unrestricted exposition of the motives by which I have been governed in this transaction as well as of the objects to lie discussed, and of the ends, if possible, to lie attained by our representation at the proposed con- gress, I submit the propriety of an appropriation to the candid consideration and enlightened patriotism of the Legislature. John Quincy Adams. iPA 50 Reply of Mr. Clay to a Resolution of Inquiry from the House of Representatives. To the President : The Secretary of State, to whom the President has re- ferred that part of the resolution of the House of Rep- resentatives of the 5th instant which requests that he would cause to he laid hefore the House "'so much of the correspondence hetween the Government of the United States and the new States of America or their ministers, respecting the proposed congress or meeting of diplo- matic agents at Panama, and of such information re- specting the general character of that expected congress as may be in his possession," has the honor now to report : That, during the last spring, he held, at the Department of State, separate conferences, on the same day, with the respective ministers of Colombia and Mexico, in the course of which each of them verbally stated that his Government was desirous that the United States should be represented at the proposed congress, and that he was instructed to communicate an invitation to their Govern- ment to send representatives to it; but that, as his Gov- ernment did not know whether it would be agreeable or not to the United States to receive such an invitation, and . as it was not wished to occasion any embarrassment to them, he Avas charged informally to inquire, previous to the delivery of the invitation, whether it would be ac- cepted if given by both of the Republics of Mexico and Colombia. It was also stated by each of those ministers that his Government did not expect that the United States would change their present neutral policy, nor was it de- sired that they should take part in such of the delibera- tions of the proposed congress as might relate-to the pros- ecution of the existing war with Spain. Having laid before the President what transpired at these conferences, his direction was received, about a week after they had been held, to inform the ministers of Mexico and Colombia, and they were accordingly informed, that their communication was received with due sensibility to 51 the friendly consideration of the United States by which it had been dictated; that, of course, they could not make themselves a party to the war between the new States and Spain, nor to councils for deliberating on the means of its further prosecution ; that the President believed that such a congress as was contemplated might be highly useful in settling several important disputed questions of public law, in arranging other matters of deep interest to the American Continent, and in strengthening the friendship and amicable intercourse between the American powers - that before such a Congress, however, assembled it ap- peared to the President to be expedient to adjust between the different powers to be represented, several preliminary points, such as the subjects to which the attention of the congress was to be directed, the nature and the form of the powers to be given to the diplomatic agents who were to compose it, and the mode of its organization and its action. If these preliminary points could be arranged in a manner satisfactory to the United States the ministers from Colombia and Mexico were informed that the Pres- ident thought that the United States ought to be repre- sented at Panama. Each of those ministers undertook to transmit to his Government the answer which was thus given to both. In this posture the overture remained until the letters were received, which accompany this report, from the ministers of the Republics of Mexico and Colombia, under date of the 2d and 3d of November, 1825. A similar anwer was returned to each of those letters in official notes, a copy of one of which is with this report. The first and only communication from the minister of tin' Republic of Central America to this Department in regard to the congress of Panama is contained in his offi- cial note, a copy of which, together with a copy of the answer which was returned, will be found along with this report. Copies of conventions containing stipulations respect- ing the intended congress are herewith reported between the Republic of Colombia and that of Chili, the Republic of Colombia and Peru, the Republic of Colombia and the 52 Federation of the Centre of America, and the Republic of Colombia and the United Mexican States. * The Secretary of State has also the honor to report to the President extracts from the instructions which were given by the Department of State to Mr. Anderson on the 37th day of May, 1823, and copies of certain parts of the correspondence which, since the last session of Con- gress, has taken place between the Executive of the United States and the Governments of Russia, France, Spain, and Mexico, of which a descriptive list accompanies this report. In respect to the negotiation which Mr. Middle- ton was authorized, by the dispatch of the 10th of May lastf (one of the papers now reported), to institute at St. Petersburg, considering the lapse of time and the great and lamented event which has lately occurred in Europe, perhaps there is no adecpiate reason for refraining from a communication of it to the House, which is recommended by its intimate connection with the interests of the new Republics. About the same period with the date of that dispatch instructions were given to Mr. Everett to incul- cate on Spain the necessity of peace and to our ministers in France and England to invite the cabinets of Paris and London to co-operate in the same work. The hope, not yet abandoned, was indulged that, by an united exer- tion of all the great powers, and especially of Russia, Spain might be brought to see her true interests in termi- nating the existing war. Other negotiations, growing out of and subordinate to that which was authorized in the before-mentioned dispatch of the 10th of May to Mr. Middleton, have been more recently commenced. They have for their object the prevention of disorder in the Spanish island of Cuba and Porto Rico and also to guard the United States against the danger of bad examples and * These conventions communicated to the Senate in a report of the Secretary of State, accompanying the President's message to the Sen- ate of the 10th of January, 1826, in answer to a resolution of the Sen- ate of the 3d of January, 1826. fThis letter to Mr. Middleton of the 10th of May, 1825, communi- cated, ivith others, to the Senate, at the same time with the conven- tions above mentioned. 53 excesses, of which, in the course of events, those islands might become the theatre, as well as the conservation of our commercial and navigating interests. All which is respectfully submitted. H. Clay. Department of State. March 14, 1820. Report of the Senate Committei on Foreign Affairs, Janu- ary 16, 1826. Monday, January 10, 1820. Mr. Macon, from the Committee on Foreign Relations. to whom was referred, on the 28th of December, the mes- sage of the President of the United States nominating Richard C. Anderson and John Sergeant to be envoys extraordinary and ministers plenipotentiary to the assem- bly of the American nations at Panama; and, on the 10th instant, the message communicating certain documents relating thereto, submitted the following report: That they have examined the subject to them referred with the most profound attention, and have bestowed upon it all the consideration demanded by its novelty, delicacy, and high importance to the character and future destinies of the United States. In making this examination the committee found themselves not a little embarrassed at first by the circumstance announced by the President in his message to both Houses of Congress at the commence- ment of the present session, that he had already accepted the invitation given to the United States by some of the American Republics to be represented at the contemplated Congress of American nations about to be assembled at Panama. But seeing in the several communications made by the Secretary of State to the different ministers of these Republics that an express reference was made to the concurrence of the Senate as the indispensable preliminary to the acceptance of this invitation, and finding in the present message of the President the explicit assurance that he had not thought proper to take any step in carry- ing this measure into effect until he could ascertain that his opinion of its expediency would concur with that of 54 both branches of the legislature, the committee believed it became a part of the duty they owed to the Senate, and would be evidence of the proper respect due to the Presi- dent, that they should fully and freely examine into the propriety of the proposed measure, the expediency of adopting which was the subject that the Senate was thus invited to deliberate upon, and to make known their opinion. Considerations of much higher importance than even these induced the committee to adopt this course. In the ordinary progress of their proceedings, the Senate can rarely if ever find it either necessary or proper to inquire as to the objects expected to be obtained by appointments, to which their advice and consent is asked. As to all offices created by statute in which these objects are de- fined and their attainment positively required, the single question arising before the Senate must ever refer merely to the fitness of the person nominated by the President to fulfill such duties. The same will generally be found the sole inquiry necessary to be made in filling up vacancies happening in pre-existing foreign missions, designed to maintain the customary relations and intercourse of friend- ship and commerce between the United States and other nations. Very different, however, is the case when it is proposed to create new offices by nomination, or to dis- patch ministers to foreign States for the first time, or to accomplish by such missions objects not specially disclosed or under circumstances new, peculiar, and highly impor- tant. In all these cases, instead of confining their inquir- ies to the mere fitness of the persons nominated to fill such offices, it is not only the right but the duty of the Senate to determine previously as to the necessity and propriety of creating the offices themselves ; and in deciding these questions not only the objects for the accomplishment by which it is proposed to create them, but every other cir- cumstance connected with such a measure must necessa- rily and unavoidably become a subject of their serious examination. This right, conferred by the Constitution upon the Senate, is the only direct check upon the power possessed by the 55 President in this respect, which, relieved from this re- straint, would authorize him to create and consummate all the political relations of the United States at his mere will. " And as in the theory of their Government, the high destinies of the people of the United States are never to be confided to the unrest rained discretion of any single man. even the wisest and best of their fellow-citizens, it becomes a solemn duty which the Senate owes to the sovereign States here represented, most seriously to investigate all the circumstances connected with the novel measure now proposed by the President as to the expediency of adopt- ing, which they have been invited to aid him with their counsel and advice. Entertaining these opinions in the performance of the duty which they believe has been required by the Senate, and anxious to manifest to the President their high respect by complying fully with the wish which he has expressed upon this subject, the c< unmittee will proceed to investigate the circumstances connected with the measure proposed and disclosed by the documents to them referred, most deeply impressed with the importance of the consequences that may very probably result from it. By the principles of this policy, inculcated by our wisest statesmen in former days and approved by the ex- perience of all subsequent time, the true interest of the United States was supposed to be promoted by avoiding all entangling connections with any other nation whatso- ever. Steadily pursuing this course while they have been desirous to manifest the most cordial good will to all nations, and to maintain with each relations of perfect amity and of commerce regulated and adjusted by rules of the most fair, equal, and just reciprocity, the United States have hitherto sedulously abstained from associating themselves in any other way. even with those nations for whose welfare the most lively sensibility has been at all times felt and otherwise manifested. During the conflict for freedom and independence in which these new states of America were so long engaged with their former sovereign, although every heart in the United States beat high in sympathy with them, and fer- 56 vent aspirations were hourly put up for their success; and although the relations then existing with Spain were well calculated to excite strong irritation and resentment on our part, yet the Government of the United States, convinced of the propriety of a strict adherence to the principles it had ever proclaimed as the rule of its conduct in relation to other nations, forbore to take any part in this struggle, and maintained the most exact neutrality be- tween these belligerents. Nor would it ever recognize the independence of these new Republics, until they had be- come independent in fact, and the situation of their ancient sovereign, in relation to them, was such as to manifest that he ought no longer to be held responsible for their acts. So soon as this occurred the United States most gladly embraced the opportunity, and in being the first to proclaim the sovereignty and independence of these States, gave to them the strongest pledge of respect and cordial friendship and sincere anxiety for their prosperity. The first question which suggested itself to the Com- mittee, at the very threshold of their investigation, was, what cogent reasons now existed for adopting this new and untried measure so much in conflict with the whole course of policy uniformly and happily pursued by the United States from almost the very creation of this Gov- ernment to the present hour ? Since that event ministers have been dispatched to each of these new Republics, instructed to declare the sentiments sincerely and warmly felt for them by the United States, and empowered to conclude treaties with them, the objects of which should be to establish, upon principles of the most perfect justice and equity, all the ordinary relations that exist between nations. Thus much was due, not less to them than to ourselves, and in going so far we did all that our feelings dictated and the interest of either seemed then to require. What necessity has since arisen to d<> more? What cause exists now to prompt the United States to establish new and stronger relations with them, and so to abandon that rule of conduct which has hitherto been here so steadily and happily pursued? These inquiries necessarily called the attention of the committee to a minute examination of all the documents to them referred in order that they might therein discover the reasons assigned by the new States of America for de- siring the United States to be represented at the Congress about to be assembled at Panama, and the motives of the President for intimating his willingness to accept this in- vitation. And in making such an examination many re- flections presented themselves as connected with the pro- posed measure, all of which the committee will now state to the Senate. In a government constituted as is that of the United States, in which the sentiment so natural to freedom prompts them to scrutinize most exactly the extent of all the powers they grant, and to limit this extent by the ob- jects desired to he accomplished by their exercise, the strongest anxiety is (and it is to be hoped always will he) felt to learn distinctly what is the precise object desired to he attained, and what are the precise means proposed for its attainment. Even the confidence reposed in the long- tried patriotism and well-proved wisdom of our own besl citizens does not and ought not to suffice to quiet this anxiety or to remove this jealousy, inspired by an ardent attachment to our rights and privileges. It was. therefore, nrach to be desired and certainly to have been expected that before the destinies of the United States should be committed to the deliberation and decision of a Congress composed not of our own citizens, hut of the representa- tives of many different nations, that the objects of such deliberations should be most accurately stated and defined, and the manner of their accomplishment clearly and dis- tinctly marked out. In this opinion the President himself seems to have con- curred at the commencement of this negotiation, for in tin rep. >rt made t< > him on the 20th of December last by the Sec- retary of State this officer states that agreeably tohis direc- tions he had informed the ministers by whom the invitation to the proposed Congress at Panama was given that — Before such a Congress assembled, it appeared to the President to be expedient to adjust between the different powers to be represented, several pr e li min ary points such as the subjects to which the attention 58 of the Congress was to be directed, the nature and the form of the powers to be given to the diplomatic agents who were to compose it, and the mode of its organization and action. And it was made an express and previous condition to the acceptance of the invitation proposed to be given, that "these preliminary points should he arranged in a manner satisfactory to the United States." It was, therefore, not without much surprise and great regret that the Committee discovered, that, although, in none of the communications subsequently made to this Government, by either of the ministers of the several States by whom this invitation was given, are these pre- liminary points even stated, and although the want of "a compliance with these conditions," is expressly noticed in the reply made to them by the Secretary of State, yet they were therein told that the President had determined at once to send commissioners to this Congress at Panama, pro- vided the Senate would advise and consent to such a mea- sure. If, then, the Senate should now demand of this Com- mittee to inform them what are the objects to be accom- plished at this Congress, and what are the means by which their accomplishment is to be effected — although, as to objects, the documents referred to them will enable the committee to name a few — yet, as to all others, they must answer in the language of the communication made by the Mexican minister, that they are those " to which the existence of the new States may give rise, and which it is not easy to point out or enumerate." As to the means, how- ever, the committee can only reply, that, while it seems to be expected that the United States are to clothe their rep- resentatives with " ample powers " to accomplish all the enumerated, and these other undefined objects also, yet the mode in which these powers, if granted, are to be used and exercised, is no where even hinted at. One great question, therefore, upon which the decision of the Senate is called for, will be, whether, in the ex- isting state of things, it is wise or expedient that the United States should be represented at a Congress of 59 American nations by agents endowed with undefined pow- ers to accomplish undefined objects? And this commit- tee feel no hesitation in stating, as their opinion, that if ever ,t may be proper to adopt such a measure, there is nothing known to them that requires or justifies it at this time. It is true the power confided to the Senate to ratify or reject any agreement that may be entered into by such agents would constitute some safeguard to the important interests of the United States. But long experience must have informed the Senate that it is generally exceedingly difficult, and sometimes even impossible, to escape from the embarrassments produced by the mere act of entering "'to a negotiation ; and that it is much better to abstain trom doing so until its objects are distinctly known and approve,!, than to confide in the power of the Senate, in the last resort, to refuse their assent to the ratification of an agreement after it is adjusted by means of such nego- tiation. In the present case, if the measures to be accomplished by the proposed congress, whatever may be their object or character, should not meet the concurring opinion of all th, parties there to be represented, we need not the lights of history to inform us that many consequences mischievous in themselves, and greatly to be deplored not only may. but most probably will, result. And that a difference of opinion will exist in regard to measures so important in themselves, and so various and diversified m their effects upon nations differing from each other in almost every particular, is much to 1,, apprehended The power possessed by the Senate of withholding its assent ought not. therefore, to be regarded as furnishing suffi- cient assurance against the possibleand probable effects of the proposed measure. _ Turning from the undefined objects of this congress so imperfectly disclosed in the vague description given of them, that, it seen at all, they are presented most indis- tinctly to their view, and regarding those which are par- ticularly mentioned and described with more precision this committee have not been able to discover in any one of 60 these last a single subject concerning which the United States ought to enter into any negotiation with the States of America to be assembled at the contemplated Congress at Panama. Before proceeding to the enumeration of these objects, the committee can not refrain from calling the attention of the Senate to a singular circumstance disclosed by the documents referred to them. Although an enumeration of the subjects to which the attention of the proposed con- gress was to be directed was explicitly stated as a condi- tion preliminary to the acceptance by the United States of the invitation given to them to be there represented; al- though each of the ministers giving this invitation had communicated this to his Government and received its instructions relative thereto, yet great diversities will be found in the enumeration of these subjects made by each of these ministers in pursuance of such instructions. And, what is still more remarkable, while many of the subjects of intended discussion so enumerated by each of these ministers are not referred to in the message of the President to the Senate, others are therein stated as mat- ters for the deliberation of the proposed congress to which not the slightest allusion seems ever to have been made by any one of the American ministers in any of their communications to this Government ; nay, one of the sub- jects (the most important, probably, of any which the United States are desirous to discuss at this congress) is neither noticed in the communications made to this Gov- ernment by any of the American States nor in the mes- sage of the President to the Senate, and is to be only inferred from the documents last referred to this com- mittee, received under the call made by the Senate for further information ; all which will be very clearly shown by the details which the committee will now lay before the Senate. The first subject stated by the Mexican minister as one which would occupy the attention of the contemplated congress, and the. deliberations concerning which the United States are expected to take a part, is, ' 'The resist- ance or opposition to be made to the interference of any 61 neutral nation in the question and war of independence between the new powers of this continent and Spain." And in the deliberations upon this subject it seems to be proposed "to discuss tin- means of giving to that resist- ance all possible force." and so to adjust, by previous con- cert, the mode which each of the States represented at the Congress "shall lend its co-operation." The same subject is also stated by the minister of Colom- bia, and in terms still more explicit. He suggests as a mallei- of useful discussion in the congress, the formation of "an eventual alliance" of the States there to be repre- sented, for the purpose of preventing any European power from interfering in the present contest between Spain and her former colonies ; and that the treaty for this purpose should ••remain secret, until the casus fozderis should happen." Notwithstanding this is so stated by both of these min- isters as the first and great object of the proposed congress, yet the President, in his message, assures the Senate "that the motive of the attendance of the United States is neither to contract alliances, nor to engage in any undertaking or project importing hostility to any other nation.'' It thus appears, that, in relation to this first and most important point, which seems to have given birth to the scheme of this congress, the views and motives of the United States differ essentially from those of the' other parties. And this difference of opinion, occurring as to the very first proposition, which is said to be "a matter of immediate utility to the American States that are at war with Spain," and is believed by them to "be in accordance with the repeated declarations and protests of the Cabinet at Wash- ington." must unavoidably excite doubts as to " the inter- est we take in their welfare, and our disposition to comply with their wishes," and would so contribute not a little to defeat other objects. The next subject stated by the Mexican minister, as pre- senting " another of the questions wdiich maybe discussed," and which he considers as being " in like predicament with the foregoing," is "the opposition to colonization in Amer- ica by the European powers." 62 The minister of Colombia concurs in this enumeration. He places "the manner in which all colonization of Euro- pean powers on the American continent shall be re- sisted," at the very head of all the subjects of proposed discussion, and couples this with the former as an object to be effected by the joint and united efforts of all the States to be represented at the congress, who should be bound by a solemn convention to sterare this end. The President concurs in part in the opinion as to the propriety of attaining this end, but differs radically as to the mode of accomplishing it. ' ' An agreement between all the parties represented at the meeting that each will guard, by its own means, against the establishment of any future European colony within its borders,"' he thinks "may be found advisable." Now, if this be meant that each nation shall, by its own means, protect its own territory against all encroaclnnents upon them, attempted by any European or other foreign State whatsoever, the committee can not discern either the necessity or expediency of entering into any formal agree- ment with other States to that effect more than exists for reducing to treaty stipulations any other of the high, just, and universally admitted rights of all nations. Such an idea, however, is obviously not that suggested by the ministers of Mexico and Colombia, and if more is meant to be comprehended in the agreement which the President thinks may be found advisable, every other arti- cle it would contain must, in the opinion of this commit- tee, violate all the well-settled principles of the policy of the United States, and put at hazard their best interest, without any adequate motive for so novel an experiment. In the one case, the views and motives of the President differ again, essentially, from those of the other parties to be represented at this congress ; and from the disclosure of these repeated differences of opinion, no good can pos- sibly result. And in the other, should the views of the President concur with those of the other American States (which the committee do not believe), the mutual stipula- tions growing out of such an agreement would, in the opinion of this committee, prove fatal to the best interests 63 of the United States, should the casus faederis ever hap- pen. To adjust the means of most effectual resistance to the interference of neutral nations, in the war of independence between the new powers of this continent and Spain ; and of opposition to colonization in America by the European powers, are said by the Mexican minister to be "the two principal subjects" of intended discussion at the contem- plated congress; and. indeed, are all the subjects of dis- cussion which he particularly states. The minister of Colombia, however, extends his enumeration of the sub- jects of intended discussion somewhat further ; and after mentioning those before stated, adds, as another, "the consideration of the means to be adopted for the entire abolition of the African slave trade." To this subject the President makes no allusion in his message; and, after the examination which it has received in the Senate during two successive years, this committee deem it quite unnecessary to say much in relation to it at this time. Some of the sovereign States here represented were the first in the world to proclaim their abhorrence of this traffic. Since the formation of this Government the Unit'd States have exerted (and as this committee believe have exerted effectually) all the means in their power to arrest its progress so far as their own citizens were con- cerned; and if all other nations, and especially those nations holding possessions in America, would follow their example, the African slave trade would no longer exist. The United States, however, have not certainly the right and ought never to feel the inclination to dictate to others who may differ with them upon this subject; in >r do the committee see the expediency of insulting other States with whom we are maintaining relations of perfect amity by ascending the moral chair and proclaiming from thence mere abstract principles, of the rectitude of which each nation enjoys the perfect right of deciding for itself. The minister of Colombia states, as another subject of discussion at the contemplated congress, "on what basis the relation of Hayti, and of other parts of our hemis- phere that shall hereafter be in like circumstances, are to 64 be placed." To this matter also the President makes no allusion in his message. And surely if there is any sub- ject within the whole circle of political relations, as to which it is the interest and the duty of all States to keep themselves perfectly free and unshackled by any previous stipulation, it is that which regards their future connec- tions with any other people not parties to such an agree- ment. Of the propriety or impropriety of such connec- tions each must ever be permitted to judge freely for itself, because the benefit or disadvantage to result from them must be peculiar and very different to each, and that relation which is highly desirable at one time may become hurtful at another. In the opinion of this com- mittee, therefore, the United States should never permit themselves to enter into discussion with any foreign State whatever as to the relations they should be obliged to establish with any other people not parties to such dis- cussions. And the objections to such a course become in- finitely stronger when the discussions are intended to refer not only to those who then exist, but also to others who may hereafter be considered as placed "in like circum- stances. " These are all the points particularly suggested by the minister of Columbia as subjects of discussion at the contemplated congress. The minister of Guatemala (who also unites in the invitation given to the United States) has stated no particular subject as matter of discussion at this congress. He intimates, however, "that, as Europe had formed a continental system, and held a congress whenever questions affecting its interests were to be dis- cussed, America should also form a system for itself." How far this general suggestion meets the views of the President the committee are not enabled, by any docu- ment referred to them, to decide. But they will present to the Senate their own ideas in relation to it ; the rather because it seems now to be the prominent object of the proposed congress, the magnitude and variety of details be- longing to which defy present enumeration and particu- lar specification. Without adverting to the great and obvious diversities 65 existing between the States of this continent and those of Europe, by which the system here alluded to has been established — diversities growing out of the situation of their people, the nature of their governments, and the positions they occupy, not only in relation to each other, bu1 to the rest of the civilized world, this committee will state as their opinion, that no effect yet produced by the continental system of Europe is of a character to invite the States of this continent to take that system as a model or example for their imitation. The great object of the continental system of Europe is, to preserve ancient insti- tutions, and relations long known and well understood, in the position which they now occupy and for many centuries have done. The operation of this system is, by the combination of [towers and the application of mere force, to arrest the progress of improvement in the science of government and in the condition of society, ends which all free States must reprobate as much as they do the means employed for their accomplishment. If this were not so, however, a system formed for this continent for the same or even different objects would most probably produce the worst effects. The short political existence of all the States on this continent, even of the United States themselves, the most ancient of any, has enabled them to profit so little as yet by experience, that it would seem rash to proclaim their perfection at this time, or to pledge any of them to perpetuate either their present institutions or existing political relations. Our own excellent Constitution is based upon the supposition of its own probable imperfec- tions, and most wisely pi-ovides for its amendment when- ever such defects shall be discovered to exist. We can not, therefore, stipulate to preserve it as it is, and no com- pact with other States can be necessary to bestow upon each the power it now possesses to effect any change which experience may hereafter show to be beneficial to itself. And a stipulation to make such changes as the good for any others may hereafter require would either be futile or must inevitably lead to discord and to wars. The committee doubt, moreover, the authority of the 5 PA 66 Government of the United States to enter into any nego- tiations with foreign nations for the purpose of settling and promulgating either principles of internal polity or mere abstract propositions as parts of the public law. And if the proposed congress is viewed but as a convenient mode of conducting a summary negotiation relative to existing interests important to this continent alone, it not only may, but most probably will, lie considered by all other civilized nations as a confederacy of the States therein represented for purposes as prejudicial to the in- terests of the Old as they are supposed to be beneficial to those of the New World. Many of the provisions in the different conventions already concluded between some of the new States relative to this very congress, and which are now public, are well calculated to create such a sus- picion, even if they do not justify a belief in its truth. And whensoever this suspicion shall be entertained by the nations of the Old World, and especially by those who still hold possessions on this continent, it must be obvious to all that consequences much to be deplored will unavoid- ably result. Nothing that can be done hereafter by any department of this Government in refusing to sanction the stipulations concluded at a congress regarded in this light will suffice to avert the calamity ; and the United States, who have grown up in happiness to their present prosperity by a strict observance of their old well-known course of policy, and by manifesting entire good-will and most profound respect for all other nations, must prepare to embark their future destinies upon an unknown and turbulent ocean, directed by little experience, and destined for no certain haven. In such a voyage the dissimilitude existing be- tween themselves and their associates in interest, charac- ter, language, religion, manners, customs, -habits, laws, and almost every other particular, and the rivalship these discrepancies must surely produce among them, would generate discords, which if they did not destroy all hope of its successful termination, would make even suc- cess itself the ultimate cause of new and direful conflicts between themselves. Such has been the issue of all such 67 enterprises in past time, and we have therefore strong reasons to expert in the future similar results from simi- lar i 'a uses. The committee, having thus examined the several sub- jects of proposed discussion, stated oralludedto by each of the ministers of the new States of America, as matters of deliberation at the contemplated congress, will now proceed to the investigation of others not mentioned or referred to by any of them, but exhibited in the message of the President. The committee see nothing in the documents to them referred to prove that the States who originated the proj- ect of this Congress, and settled the subjects proper for its deliberation, and who most probably have already ad- justed "the preliminary rules of that assembly," will admil as fit matters of discussion any other than those which they themselves have so previously announced. Should this be the case, the degraded position which the United States must then occupy at the congress must be apparent to all. Without- adverting further, however, at this time, to this consideration, the committee will enter into the examination of the several topics suggested by the Presi- dent, as though the discussion of them was a matter settled and already agreed. The first of these subjects stated by the President is "the establishment of principles of a liberal commercial inter- course." The motives for desiring this are stated to be that " the Southern American nations, in their intercourse with the United States, have sometimes manifested dispo- sitions to reserve aright of granting special favors and privileges to the Spanish natioa at the price of their rec- ognition. At others they have actually established duties and impositions, operating unfavorably to the United States to the advantage of other European powers, and sometimes they have appeared to consider that they might interchange among themselves mutual concession's of ex- clusive favors to which neither European powers nor the United States should be admitted." In considering these reasons it can not escape the observa- tion of any that in manifesting dispositions to establish 68 such commercial relations the Southern American nations must have been actuated by the only motive that ever operates either upon nations or individuals in regard to their mere commercial intercourse — a desire fairly to ad- vance their own interests, and a belief that they could by such means properly accomplish this end. If, in this belief, these nations are right, then the United States can scarcely be viewed as acting toward them in that spirit of generous kindness and fraternal friendship they have pro- fessed when they would strive to induce them to establish as liberal principles such as would be injurious to the in- terests of these Southern nations themselves. And if they are wrong, it seems to this committee that the task of ex- hibiting their errors may be much better performed, as hitherto it hath been, by particular discussions with each separately than by general demonstrations made to all, assembled as a congress. The interests of commerce are necessarily peculiar ; they grow out of numerous circumstances produced by locality, climate, population, manners, customs, and other causes, no one of which exists alike in any two nations on the globe. Few general principles, therefore, can ever apply, with equal truth, to so many peculiarities ; and such as do so apply, need not the sanction of solemn compact to give them effect. They may be very safely confided to the natural disposition of man, promptly to discover, and eagerly to advance, his own best interests. Whatever disposition, then, may have been manifested by the Southern nations of America, this committee think that their effects, both upon themselves and the United States, will constitute subjects much more fit for separate discussions with each, than of general investigation before all. And the committee are the more confirmed in this opinion by the assurance given by the President, in his message, that "in most of these cases their regulations un- favorable to us have already yielded to friendly expostu- lation and remonstrance," and, by the fact of the treaties recently concluded between these States, contain express stipulations that, in no event, will they agree or enter into any treaty with Spain, or any other nation, to the prejudice 69 of their independenci . bu1 to maintain, at all times, their mutual interests, with the dignity and energy proper to free independenl Slates. It is t rue a difference of opinion appears to exist at pres- ent between the United States and one of the new Repub- lics of America in relation to a single principle of their commercial intercourse. When the Senate recollect, how- ever, thai treaties have been already concluded between the United States and three others of these Republics, in each of which treaties this poinl has been settled as the United States themselves think right, the committee be- lieve that the Senate will concur wil h them in the opinion that it is much better to continue the discussion of this .subject with the dissenting Stale singly, urging upon her the example of her sister States, than to pu1 in hazard the stipulations already secured by voluntarily entering into an examination of their expediency before the contem- plated congress. •'The consentaneous adoption of principles of maritime neutrality, favorable to the navigation of peace and com- merce in time of war.'" is the next object which, in the opinion of the President, should "also form a subjecl of consideration in this congress." In relation to this, so far as it regards the commerce of peace, the committee have already expressed their opinion; and. so far as it is in- tended to settle the rules of war as applicable to naviga- tion, the committee will only remark that there exists so much risk of compromising and destroying the relations of ueutrality, which the United States are now maintain- in.";, should they involve themselves by any compad rela- tive to belligerent rights entered into with only one of I he parties to the present war during its continuance, that, m their opinion, it would lie highly inexpedient to make such an experiment at this time. Any principle relating to the rights of war which one of the parties in the existing contesl mighl lie willing to adopt, as promoting its interests could scarcely !"• regarded with indifference by the other. And the great maritime States of Europe would most probably consider that the United States had seized tin' occasion of this war to enter into a 70 confederacy with the other States of this continent now actually engaged in it for the purpose of settling principles intended to affect materially their future interests. It is well known to the Senate, moreover, that treaties al- ready exist between the United States and several of the new "States of this continent, in which all the subjects al- luded to by the President in this part of his message are already settled; and no reason is known to this committee to excite the slightest doubt that the others of these States with whom treaties are not yet concluded will feel any dis- inclination to enter into similar stipulations for themselves. '■ There is yet another subject," says the President, "upon which, without entering into any treaty, the moral influence of the United States may perhaps be exerted with bene- ficial consequences at such a meeting — the advancement of religious liberty." And as a motive for making an effort to accomplish this object he states that "an exclusive church has been incorporated with the political constitu- tions of some of the southern nations without toleration of any other than the dominant sect." In the opinion of this committee there is no proposition concerning which the people of the United States are now and ever have been more unanimous than that which de- nies not merely the expediency but the right of inter- meddling with the internal affairs of other States, and especially of seeking to alter any provision they may have thought proper to adopt as a fundamental law or may have incorporated with their political constitutions. And if there be any such subject more sacred and delicate than another, as to which the United States ought never to intermeddle even by obtrusive advice, it is that which concerns religious liberty. The most cruel and devastat- ing wars have been produced by such interferences ; the blood of man has been poured out in torrents ; and from the days of the Crusades to the present hour no benefit has resulted to the human family from discussions carried on by nations upon such subjects. Among the variety even of Christian nations which now inhabit the earth, rare in- deed are the examples to be found of States who have not established an exclusive church, and to far the greater 71 number of these toleration is yet unknown. In none of the communications which have taken place is the most distant allusion made to this delicate subject by any of the ministers who have given this invitation; and the committee feel very confident in the opinion that if ever an intimation shall be made to the sovereignties (hey rep- resent thai ii was the purpose of the United States to dis- cuss at the proposed congress their plans of internal civil policy, or anything touching the supposed interests of their religious establishments, the invitation given would soon be withdrawn. The committee have thus exhibited to the Senate, in detail, all the subjects which they have been enabled to find part icularly stated, eil her by i he President in his first message or by any of the ministers of the new States of America, as mat ters intended to be discussed at the con- templated Congress. In reviewing these they will repeat that a concurrence of opinion dues nut seem to exist lie tween the dill'el'enl parties as to t he sn lijeel s of delil.i r;i tion ; nor has the mode of discussion or decision Keen in any way settled bet ween I hem. In relal ion 1<> some of the subjects alluded to as lit matters for consideration differ- ences of opinion, radical and irreconcilable, seem already to exist, which disenssiun may aggravate but can nut as- suage. As tu-others. their very agitation in this mode threatens seriously the compromitmenl of the neutral re- lations which the United States are now maintaining and have so carefully observed throughout t his whole contest. Others, again, are unfit subjects for deliberation in this mode at all times, and any agreement resulting from their discussion must impair that freedom of action which it is so necessary Tor the United States to preserve as to these : and, as to the residue, I hey are either not of sufficient im- portance to require the adoption of this new and untried experiment of a- Congress of Nations, or may he much better adjusted and settled in separate negotiations with each than in a, general conference with all. For these reasons, if there wen' none other, this committee should regard the adoption of the measure proposed by the Presi- dent as highly inexpedient at this time. Although in the message of the President of the 9th instant no new subject of deliberation at the contemplated Congress is specially stated, yet, from the documents ac- companying that message, and therein referred to as con- taining information tending to show the expediency of adopting the proposed measure, it appears to this com- mittee that the present and future condition of the remain- ing Spanish possessions in America are considered as proper matters to be there agitated and settled. Such being the inference of the committee they will proceed to lay before the Senate their opinion upon this subject also. The committee are well aware that the United States can never regard with indifference the situation and probable destiny of the neighboring Spanish islands of Cuba and Puerto Rico; but so far from believing it expedient to dis- cuss these subjects at a Congress of all the American States, and especially at this time, the committee consider the great probability that such a discussion might be forced upon the United States if they are there represented as a circumstance furnishing in itself the strongest objections to the adoption of the measure proposed. If the existing war between Spain and the new States of America continues the United States could scarcely en- deavor to arrest the progress of that war in the only direction it can hereafter take, or prevail upon one of the belligerents not to strike their enemy where alone he is now assailable and most vulnerable by them, without an- nouncing a determination to take part in the contest ; and if peace shall happily be restored all apprehension of the effects of such a blow must cease of course. Why, then, discuss the merits of such a question which it seems prob- able may never arise ? Or why place the United States in a situation where, if the question does arise and they must speak, the language which they utter must be regarded as equally unfriendly to all the new States, and where, if the United States keep silence, this very silence will be misinterpreted ? Should the situation or policy of the United States in- duce them to look with indifference upon the new direction that the existing war may take and to abstain from all in- 73 terference in it, even though the neighboring islands of Cuba and Puerto Rico may be threatened or assailed, then the yery annunciation of such a purpose must contribute much to accelerate an event that can not be desired by us. In whatever light, therefore, this subject is viewed it does not seem to be one which the United States should discuss with the other American States assembled at a Congress. The inexpediency of pursuing a course appeared more obvious to this committee when they considered that many of the nations of Europe must also feel that their interests were materially involved in its decision, and that they would not abstain from making some movement in relation to it which must greatly embarrass any course that the United States may wish hereafter to pursue. While the United States retain the position which they have hitherto occupied, and manifest a constant deter- mination not to mingle their interests with those of the other States of America, they may continue to employ the influence which they possess, and have already happily exerted, with the nations of Europe in favor of these new republics. But if ever the United States permit them- selves to be associated with these nations in any general congress, assembled for the discussion of common plans, in any way affecting European interests, they will, by such an act, not only deprive themselves of the ability they now possess of rendering useful assistance to the other American states, but also produce other effects prejudicial to their own interests. Then the powers of Europe, who have hitherto confided in the sagacity, vigi- lance, and impartiality of the United States to watch, de- tect, announce, and restrain any disposition that the heat of the existing contest might excite in the new states of America to extend their empires beyond their own limits, and who have therefore considered their own possessions and commerce in America safe while so guarded, would no longer feel this confidence. Each would therefore endeavor to secure its own interests by its own means, and the power of Spain not being considered by any as equal to the protection of her remaining American possessions, a struggle would probably commence who should first ob- 74 tain the islands of Cuba and Puerto Rico, the possession of which must ever be of the last importance to the com- merce of this hemisphere. Or, if such should not be the case, the interest of many European nations might seem to require that they should make common cause with Spain for the purpose of preventing these islands from falling into other hands. To the United States it would be of little moment which of these events should occur, for it can not be expected that any such contest could be carried on so near them without the most imminent dan- ger to their neutrality. The very situation of Cuba and Puerto Rico, therefore, furnishes the strongest inducement to the United States not to take a place at the contemplated Congress, since, by so doing, they must be considered as changing the at- titude in which they hitherto have stood as impartial spectators of the passing scenes and identifying them- selves with the new republics. These reasons, strong as they have appeared to this com- mittee, are not the only objections to the proposed meas- ure disclosed by the documents to them referred. The manner in which this invitation has been given, of itself, furnishes many forcible obstacles to its acceptance, and, in the opinion of this committee, the United States will neither consult their own dignity nor what is due to the proper respect they have a right to claim from all nations, and especially from the new states of America, if they now agree to co-operate in carrying this proposed measure into effect. The history of the transaction, so far as it is disclosed to this committee, seems to be this: So early as the year 1821 the project of assembling a general congress of their representatives to consider and adopt the best plan for defending the states of the New World from foreign ag- gression, and to conclude treaties of alliance, commerce, and friendship for the promotion of their happiness and prosperity, appears to have been received by one at least of the new states of America. This scheme of forming a continental system for America, to resemble that already formed in Europe, was communicated to the others of these 75 states, who, concurring in the project, negotiations were instituted between them for the purpose of concluding conventions to provide for this object. The plan being so far matured, the United States were, for the first time, informally applied to during the last spring by the ministers of two of the new states, separ- ately, to learn whether an invitation to be represented at this Congress, if given by both these republics, would be accepted. To tins communication, informally made, the President as informally replied that lie believed such a congress as was proposed might be highly useful for sev- eral purposes, but that, before it assembled, it appears to him expedient to adjust between the powers to be repre- sented several preliminary points, such as the subjects to be discussed, the nature of the powers to be given to tin- agents who were to compose it,. and the mode of its organi- zation and action. And if these preliminary points could be arranged in a manner satisfactory to the United States, the ministers to whom this communication was made were informed that the President thought the United States ought to be represented at the contemplated congress. Each minister undertook to transmit to his government this answer thus given. The affair remaining in this posture as to the United States, the negotiations previously entered into between the new sta,tes were brought to a close, and conventions providing for the objects of the proposed congress were actually concluded, some of them so far back as the 6th day of July. L822. After the conclusion of all these conventions, and only a few weeks since, during the month of November last, separate formal communications were made to the United States by the ministers .of Mexico, Colombia, and Guate- mala, respectively, disclosing some of the objects intended to be discussed at the proposed congress in the manner already stated by the committee, and giving the invitation to the Uni ed States to be there represented. In some of these communications the United States were informed that instructions and ample powers for the attainment of the proposed objects would be given by at least one of 76 the new Republics, and a wish was expressed that the agents of all the others might bear the same. In none, however, is any mention made either of the mode or or- ganization or action of the congress, nor is it anywhere stated who would be the parties, or what representatives were either invited, expected, or would be received. But in the very communication which conveys the information already stated the United States are told that at the date of that communication (November 3) the repre- sentatives from Colombia, Peru, Guatemala, and Mexico Avouid have arrived at Panama, the agreed place of as- sembling, and would be engaged in settling the prelimi- nary rules of the assembly, and in discussing the questions which should be supposed by them to belong exclusively to the belligerents. It thus appears that, after everything relative to the meeting of the proposed congress had been settled by formal negotiations and treaties between themselves, the United States have been thus loosely invited by the other American States as if in mere courtesy to attend its delib- erations. Should the United States accept such an invita- tion, the deputies whom they may send to Panama will there be associated with they know not whom, or for what purposes, or in what mode. When these deputies shall inquire of the congress as to any of these important par- ticulars they will receive the information they ask in reso- lutions and compacts adjusted and concluded before their arrival. And if, waiving all these things, which none ought to consider as mere ceremonials, the agents of the United States shall take the places previously assigned to them, and propose to take a part in the discussions, they will find all the leading principal topics for deliberation already passed upon and concluded. The committee are well aware that the interest and character of free States should never be permitted to rest upon matters of mere fastidious etiquette and ceremonious observance; but even in the intercourse between individ- uals, and much more in that between sovereignties, there is a point at which forms become substance, and when scrupulous attention to the most minute ceremonials that comity and respect exact is due to the sacred character and dignity of the Republic. At that point the committee be- lieve the United States should ever make a stand, and resting there should always exact even from the most ancient and puissant sovereign of the earth everything re- quired by their own self-respect. Nor should anything be then waived even to manifest their sensibility to what- ever concerns the prosperity of the American hemisphere or the sincere friendship which they feel for these new Republics. As tlie most ancient State in the New World : the first acknowledged sincere friend of those more recently exist- ing ; as a State from whose greater experience more light is said to be expected to be shed upon the subjects to be discussed and the principles to be established at the con- templated congress than from the other States, the United States had a right to expect that when this project of a o ingress of American nations was conceived it should have been communicated to them as early as to any others whose presence by their representatives was deemed desirable. That they. too. should have been asked whether such a measure would be acceptable ; that they, too, should have been consulted as to the time, the place, and the man ner of assembling such a congress. That they, too, should have been permitted to assist in the enumeration of the subjects to which its attention might properly be directed; in the adjustment of the nature and form of the powers to be given to the diplomatic agents who were to compose it : in the mode of its organization and action : and. above all others, in the settlement of the great ques- tion, who should be invited to take a part in its delibera- tions. The United States had also a right to expect that the result of all such consultations should be fixed and secured by solemn compacts and conventions, in which they too should be parties. Such the committee believe ought to have been and would have been the course pursued by the United States towards the other American States, if the project of con- vening a Congress of American nations had occurred to us as a measure useful and beneficial to the American 78 continent ; and being never disposed to exact from others more respect than in the like circumstances they are will- ing- themselves to pay the United States, in the opinion of this committee, would themselves, even if an opinion should he entertained that anything exists requiring the adoption of such a measure at this time, courteously to de- cline the invitation given under the circumstances stated, and to institute the proper proceedings necessary to its consummation in the mode which friendship, comity, and deference to others require. Such a movement belongs to the high character which the United States enjoy in the estimation of all the world, the merit of which is accorded to them by none more willing than by the new born States of this continent ; and, if it be not now made, the time will go by when the position may ever hereafter be properly assumed. The committee would not be understood as suggesting the expediency of any such measure at this time. In their opinion, there exists no adequate motive to induce its adop- tion. Every spot known or habitable in America is already appropriated by different nations, whose rights of terri- tory all recognize; and if trifling differences may exist between any upon the sl^bject of mere common boundary, these differences constitute fit matter of friendly discus- sion between them alone. The idea of colonization in America, therefore, no longer exists; and in the present posture of nations there is little reason to apprehend the willful encroachment of any upon the American possessions of another. Each passing hour strengthens the just claims which the new States of America have preferred, to be recognized as sovereign and independent by all other nations; and the quiet efflux of time, if it has not already done so, must very soon place their sovereignty upon the same basis on winch rests that of the most ancient nations of the earth. Spain possesses not the ability to give any of them cause of serious concern; and enjoying the friendship and pro- claimed recognition of Great Britain and of the United States, there is no sufficient reason to apprehend the inter- ference of any European nation in the question and war 79 of ihi'ir independence. Compacts have been already con- cluded, or are now negotiating, between each of the States of this continent, wherein their mutual interest, both general and particular, will be firmly fixed upon princi- ples of the most perfect justice and liberal equity. And no common subject now remains of sufficient magnitude to require a movement so new and important as the assembling of a Congress of all the American nations, which can not but excite suspicion and jealousy in the other hemisphere, and might so affect injuriously the in- terests of flic new States themselves. Should this happy state of things ever change the lively interest which the United States have ever taken in the wel- fare of these their sister sovereignties, ought to be regarded by them as the surest pledge, that we can not be indifferent to anything that concerns them. An eye the most vigilant we shall ever direct to their prosperity; the appearance of the firstcloud, rising to obscure its light, will lie announced to them; and the United States will then manifest the deep interest which they feel in the elevation and happiness of all the nations of the new world. When such an event shall occur the United States will probably be the first to solicit the assembling of a Congress of American States, and the invitations which they shall then give to others to be there represented will be such as their friendship ami respect shall dictate and upon terms which the most fair and liberal principles of policy require. The same, this committee have no doubt, would have been the character of the invitation given to the United States upon this occasion if the new States of America, when they conceived or matured the scheme for assembling the Congress at Panama, had entertained the most remote idea that the United States either would or ought to be there represented. All the conventions concluded between these States, however, prove beyond doubt that even at the date of the most recent of all their compacts none others were expected or desired to be represented at this Congress, but the States of America who had formerly been colonies of Spain, and who were then engaged in war with that power. That the great object of this Congress was to adjust be- 80 tween themselves the most effectual means of conducting this war to the most speedy and happy conclusion; and that the presence of no nentral State could, therefore, be anticipated. Before they conclude their report, the committee beg leave to remark, that the intimation given by the Presi- dent, in his first message to the Senate, that this measure, in which he had thought proper to take no step, before ascertaining that his opinion of its expediency would con- cur with that of both branches of the Legislature, was, nevertheless, " deemed by him to be within the constitu- tional competency of the Executive," did not escape their observation. But, as the correctness of this opinion, en- tertained and expressed by the President, will constitute proper matter for the deliberation and decision of the Senate when they shall enter upon the consideration of a resolution now lying on the table, and not referred to this committee, they did not believe that they were authorized by the Senate to consider this subject. The committee forbear from saying anything in relation thereto. The committee feel, most sensibly, the embarassing sit- uation in which they are placed. On the one hand, the duty which they owe to themselves, "and to the Senate and to the President, required that they should examine fully and freely the measure proposed, and should state the reasons that lead to the conclusion which they felt them- selves bound to adopt. On the other, they were well aware that the adoption of this conclusion and the assignment of the reasons which produced it might contribute not a little to embarrass the President, whose acceptance of the invitation given was already announced. Placed in this delicate situation, after bestowing upon the subject the most mature consideration, believing it to be a sacred duty which the Senate owed to the sovereign States that they here represent to exercise the constitutional power conferred upon them, by examining, at this time, every feature of this new project, and deciding upon its expediency or inexpediency as to them might seem right, the committee could not hesitate to disclose all their views in relation to this important matter in order that M these, being fully exhibited to the Senate, might be by them either adopted or corrected. The committee were induced to adopt this course with less reluctance by the assurance given by the President that until he could be aided by the advice and consent of the Senate he would take no step to carry the measure which he had proposed into effect. Mosl willingly would the committee recommend to the Senate to abstain from pronouncing any opinion upon this now delicate subject if they could permit themselves to propose to this body a dereliction of its bounden duty or the adoption of any course that might lead it to shrink from its high responsi- bility. But, convinced that the Senate had the right and were bound to decide directly upon the expediency of this new scheme without limiting their decision to the mere nominations incidentally connected with it. and convinced that the project itself, viewed in any light, was highly in- expedient at this time, the committee thought it better to exhibit these their views, and to advise the expression of the opinion of the Senate in relation thereto in the first instance. Abstaining, therefore, from any remark at present as to the nominations to them referred, the com- mittee recommend to the Senate the adoption of the fol- lowing resolution : Resolved, That it is not expedient at this time for the United States to send any ministers to the Congress of American nations, assembled at Panama. Reportofihi Committet on 'Foreign Affairs. Houst of Rep- resentatives March 25, L826. Mr. Crowninshield, from the Committee on Foreign Affairs, to which was referred the message of the Presi- dent of the United States, of the L5th instant, made the following report ; The Committee on Foreign Affairs, to whom was referred the message of the President of the United States, to the House of Representatives, of the 15th instant, with the PA 82 documents accompanying it, have had the same under con- sideration, and beg leave to report : That it appears, from the above-named message and papers, that an invitation has been received by the United States, from the Republics of Colombia, Central America, and Mexico, to attend the congress about to be held at Pan- ama. It appears that this invitation was accepted by the President, on the condition that the nomination of commis- sioners for the mission should receive the advice and con- sent of the Senate. This advice and consent having been constitutionally expressed, in the confirmation of the min- isters nominated by the President, the concurrence of the House of Representatives is requested, as necessary to carry the mission into effect, by an appropriation to defray the expense of it. This concurrence being "subject to the free determination" of the House, the committee have regarded it as their duty to the House, to inquire into the expediency of accepting this invitation. The ordinary courtesy of nations, in friendship with each other, and the peculiar interest which, for the strongest reasons, the people of the United States have ever felt, and must ever feel, in the new American republics, would seem to dictate the propriety of accepting this invitation, unless there were sufficient reasons for declining it. No such reasons are believed by the Committee of Foreign Affairs to exist. In order to present the subject in its true light to the House the committee would first make a remark on the general nature of the assembly, designated by the name of the Congress of Panama. The term Congress, it need scarcely be observed, is by no means to be here understood in the sense in which it is applied to some other political assemblies. The Congress at Panama is not a representa- tive delegation, forming a branch of a Government, like the present Congress of the United States. ■ It is not a body in which the government of several confederated sovereign states is deposited, like the old American Con- gress. Neither is it a personal meeting of sovereigns like the recent congresses of Europe. It is an assembly of diplomatic agents, clothed with no power except to discuss and to negotiate, deputed by Governments whose consti- 83 tutions require that all engagements with foreign powers shall be subject to the ratification of some organic body at home; and the more effectually to guard against mis- take, even of the design in which this Congress lias been proposed, it is stipulated in the several treaties formed by Colombia with the other new Republics, that this meeting at Panama •"shall not affect, in any manner, the exercise of the national sovereignty of the contracting parties, in regard to their laws and the establishment and form of their respective Gtoa erntneuts." Such is the general nature of the proposed Congress, as appears from the papers referred to this committee. Of its objects, the committee will, in the course of this re- port, more particularly speak. They are. in general, all subjects interesting to the powers represented at the Con- gress, and susceptible of discussion at such a meeting. The minister of the Colombian Republic, with the libera] design, as it would appear, of excluding the supposition that his own Government, or those which joined it. in in- viting us to the Congress, had any wish to exercise a dic- tation as to what subjects should exclusively be dis- cussed, has observed, in his letter to the Secretary of State of 2d November is-.','), that the topics of discussion therein enumerated, are designed merely "as suggestions by way of example ;" while " it is left to the wisdom of the Governments and the judgment of their representa- tives to propose whatever maybe esteemed of common good to the new hemisphere." In the same Letter of the Colombian minister to the Secretary of State tin' follow- ing remarks also occur : At Panama the best and most opportune occasion is offered t<> the United States to tix some principles of international law, the unsettled state of which lias caused much evilto humanity. It istolie presumed that this Government (the United State's of America) possesses more light upon the subject than the other States of our hemisphere, both from its experience during the wars that succeeded the French revo- lution and from its negotiations (now on foot) with Great Britain and other nations relative to these principles. It belongs to each of the concurring parties to propose their views, hut the voice of the United States will he heard with the respect and deference which its early labors in a work of such importance will merit, 84 The sentiments here expressed by the minister of Colombia are in accordance with those of the ministers of Mexico and Central America, as contained in their re- spective letters to the Secretary of State on the subject of the invitation to attend the Congress. The object of this body, therefore, as far as the United States are concerned, are all subjects which the United States may deem it for their interest to propose for dis- cussion. They embrace, consequently, in general terms, our political and commercial relations with the new American republics. The Committee of Foreign Affairs has accordingly been led to inquire what the principle of our diplomatic inter- course with other Governments has been? The answer to this inquiry is, that it has ever been the policy of the United States to maintain diplomatic relations with those powers, and those only with which we have important political and commercial relations. We have not formed diplomatic connections with the very powerful states, such as Austria and the Porte, where no great political, no exten- sive commercial relations required such connections, while with powers not of the first class, such as Holland and Spain, important political and commercial relations have led the United States to the establishment of permanent missions. This being the principle of our diplomatic intercourse, the committee conceive it to apply, with great force, in the present instance, and to require the attendance of our agents at the Congress of Panama. In that body questions directly involving our most important political and com- mercial interests are to be discussed. Though the new republics there represented are so many separate Govern- ments, our relations with them are not merely those which we hold toward each individually; they form one whole family in language, religion, law. historical fortunes, and present political alliance. From this family, as far as the enumerated circumstances go, we are necessarily excluded; out of this exclusion springs an entire class of political and commercial relations, between us on the one side and a large family of new republics on the other. This family 85 of republics lias thought it expedient to convene an as- sembly of plenipotentiaries at Panama. As an important part of their public relations are those in which they stand to us: they have invited us to semi our ministers to this assembly. The law of nations warrants them in thus des- ignating the place and mode of treating with friendly powers, and if we refuse to accept the invitation, takes from us the right of complaining of any results, however inconsistent with our interests. Under the circumstances in which this subject is before the House, the ( imittee deem it their duty to consider some of the objections which may be urged against the acceptance by the United States of this invitation. These may be, among others: that such acceptance is unconsti- tutional; that all the objects of the ( longress, as far as we are concerned, may be attained by negotiations with the separate States; that the subjects of discussion, the powers of the ministers, the mode of organizing the Congress, and the mode of deciding questions are not sufficiently settled to authorize our accepting the invitation; that our attendance would endanger our neutrality towards Spain; that it might involve us in an entangling alliance with the new States; that our attendance would be a novel and unprecedented measure; that there is in a Congress of States something essentially pernicious, as proved by the example of Europe in its recent history. The first objection maybe that the attendance of the United States at the Congress of Panama would be un- constitutional. To this objection the committee would reply that they are not acquainted with any restriction in the Constitution on the appointment of foreign ministers by the proper authority. It may not, however, be super- fluous to add that this objection proceeds on the assump- tion that the Congress at Panama is either a Government, a branch of a Government, or a Confederacy of Govern- ments; and that the United States by attending this as- sembly unite themselves to the said Government or Con- federacy. Neither part of this assumption is true. The Congress is a meeting of diplomatic agents from inde- pendent Governments; and, granting for a moment that 86 the Congress at Panama were a Government or a Confed- eracy, our attendance at it by diplomatic ministers would be no entrance into such Confederacy — no union with such Government. It need scarcely be urged that the United States do not enter into confederacy, do not form a union with a foreign power, or any number of powers, by sending a minister to treat with such power or powers. It may, in the next place, be objected to our attendance at this meeting, that all its objects may be attained by separate negotiations with the several States. It may ad- mit a doubt whether this could, by possibility, be the case. It is questionable whether separate and disconnected negotiations between States geographically so remote, and in various respects politically so different from each other could be brought to the same harmonious and systematic result, as a discussion in an assembly of diplomatic agents, promptly communicating with each other information, counsel, and argument. At all events, it may safely be affirmed that the same result may be far more expedi- tiously and conveniently attained by a conference with the assembled ministers of States so remote from each other ; that an interchange of intelligence with their respective capitals could not take place more than twice in a twelve- month. This objection, going only to the convenience of the measure, need not be more particularly weighed. The third objection may be that the subjects of discus- sion, the powers of the ministers, the mode of organizing the congress, and mode of deciding questions, are not yet sufficiently settled to justify our attendance. From the papers submitted to the committee, it appears that this consideration engaged the attention of the Executive when the invitation was made to this Government last spring by the ministers of Mexico and Colombia. If was then required by the President that previous satisfaction should be given on these points. The replies of those ministers, after having consulted their Governments, do not enter into minute detail on all these points, yet the committee are of opinion that they are satisfactory. As to the sub- jects in general to be discussed, there is no limitation to 8? the disadvantage of any Government represented; and the meeting being one of diplomatic agents, and it being stipu- lated in the Colombian treaties th.it the ministers to the congress ai-e to go with the usual diplomatic powers and instructions, it follows that their mode of proceeding must be that of diplomatic discussion and conference, and their mode of deciding that which can alone exist between diplomatic agents — the mutual reference of whatever con- vention or pact may be negotiated — to the constitutional authorities at home. That such is to be the case with re- spect to our ministers is particularly stated in the message of the President, as also that they are to be bound by no decision of the congress without their own consent. While the committee are of opinion that these details are of no great importance, they apprehend that, as far as they are of importance, the omission to fix them, or to propose them for acceptance to the United States, is rather favorable than disadvantageous to us. The committee are persuaded that on these details, as well as in the leading business of the congress, the new States are desirous to have the ad- vantage of our experience. This sentiment is repeatedly expressed in the letters of the ministers of the new States communicating the invitation. The next objection may be that our attendance at this congress may put to hazard our neutrality. To this it may be answered that having already acknowledged the independence of the new States we have established the right of treating them as free and independent States, as well towards Spain as all the rest of the world. These States are nominally at war with Spain and Spain alone. Her allies have taken no part in this war. The most pow- erful of those allies, Great Britain has formally acknowl- edged the independence of several of these States, and established diplomatic relations with them. To these acts on our part and that of Great Britain Spain submits, although they not only essentially w< aken her as a bellig- erent, but directly violate her colonial laws. But if our recognition of each of the States represented at the con- gress, and our trading with them in direct contravention of the colonial laws of Spain, be no breach, as it is none, 88 of our neutrality, so neither is our attendance at a diplo- matic council of all those States united a breach of neu- trality. This is particularly true when it is added that the United States, instead of going to the congress to animate the war against Spain, will go as mediators and peace-makers, to promote by every means a termination of the contest on terms honorable to the new States and ad- vantageous to Spain. This power has already received the strongest pledges that such is the policy of the United States. The committee are clearly of opinion that if our at- tendance at this Congress be desirable on the part of the new States, it is not less so on the part of Spain. The next objection that may be urged against our at- tendance at the Congress of Panama is, that it may in- volve us in an entangling alliance with the new States. To this it may be answered that the project of such an alliance is expressly disclaimed by the President in the message referred to the committee. In the next place, the Congress is neither a government nor a confederacy of governments with which we could, by possibility, in the first instance, enter into an alliance, entangling or not ; and, lastly, even if a negotiation for such an alliance were entered into by our ministers contrary to the principles on which it appears from the message of the President that the invitation was accepted, it would still remain for the treaty of alliance to be submitted to the constitutional ratifying powers in this country. Whether, under these circumstances, our acceptance of the invitation can be considered even as an approach to an alliance, the com- mittee need not say. If it be still objected that from the nature of this assem- bly there is danger that we, by our attendance, may be drawn into an alliance it may be replied that there is no other danger of the formation of an entangling alliance in consequence of this mission than that which is incident to any mission to any power. We have ministers to France, to Russia, to England. We have had ministers to European countries at periods when very strong temp- tations of momentary interest existed for forming alii- 89 anees with foreign powers. The committee are not aware thai it ever was suggested thai theleasl danger existed of the formation of such an alliance in consequence of such missions. Our minister to France followed the march of the French emperor to the confines of Russia, but no one surmised thai we projected an alliance with him. although we were at the time engaged in a war with his other chief enemy. Great Britain. Yet it is plain that the way to an alliance is much more direct in an ordinary mission than in that proposed. When our minister is accredited to a for- eign sovereign, particulary an absolute one. he is accred- ited to a party competent to form an alliance without further delay or ulterior responsibility. While, on the other hand, our ministers to Panama will lie accredited to other ministers no more competenl than our own to pledge their governments. Further, it is particularly to he observed, that an al- liance with any one of the new republics would be fully as entangling as an alliance with them all. They are all at war and with the same enemy. They stand in an al- liance, offensive and defensive, with each other. Precisely the same consequences, therefore, would result from the formation of an alliance with either of them. Colombia for instance, as with all of them. If then the danger of being drawn into an alliance requires us to abstain from attend- ing the Congress at Panama, the same danger with equal force requires us to withdraw all diplomatic connections with these new States. But in truth, this suggestion of the danger of an alli- ance incident to a diplomatic mission carries with it so direct a reflection on the wisdom and fidelity of the treaty- making power as lodged in the hands of the President and Senate that the Committee, out of proper respect to the co-ordinate branches of the Government, will not longer consider it. Another objection to the proposed mission may be, that the Congress is an unprecedented measure, and that our at- tendance at it would, on our part, be a novel and unpre- cedented step. A little reflection will show, that this as- sumption, as far as it forms an objection to our attendance 90 at the Congress, involves a confusion of ideas. The es- tablishment of several new republics at once may be called an unprecedented event ; and as a historical occurrence without a parallel in the history of the world. But the com- mittee can not admit that every subsequent political act of these new States, or of other States, in reference to them is therefore to be called novel and unprecedented, and that in an injurious sense of the words. On the con- trary, it appears to the committee exceedingly natural that these States should hold diplomatic conferences with each other and neighboring nations who have important relations with them. Nothing, perhaps, is more frequent in political history than similar meetings among friendly States. Nor when the subject is correctly viewed is there any- thing in principle, novel or unprecedented, in our attend- ance at the proposed Congress. As a merely historical event indeed it may be considered as withorit an exact precedent, although the negotiations between the United States, France, and Great Britain in 1782, which resulted in the treaties of peace between the several countries, were of the nature of the conferences of a meeting of diplomatic agents. It will also not escape the reflection of the House, that, had this Government ever acted on the principle that exact precedent was necessary to authorize its meas- ures, no one of the most important measures of the Gov- ernment, since the date of the constitution could have been adopted. Whatever weight there is in the mere argument of want of exact precedents applied in its full force to the adoption of the Federal constitution itself. The whole history of the world contained no precedent of such a government. But, in point of principle, there is no novelty in our at- tendance at the proposed Congress at Panama.' Cur min- isters will carry with them the same powers — no larger, no more discretionary— that have ever been vested in the for- eign ministers of the United States. It has been the char- acteristic policy of the United States, to ask no ques- tions about the quality or constitution of the power to which our ministers were sent. We have rested for our se- 91 curity, not on a timid calculation of the powers of the Government, or of the body with which our ministers were to treat, but on our constitutional safeguards at home. Tt has been indifferent to us whether Europe wereal peace or at war: or by what title her sovereigns filled their thrones. To instance in a single case : We Lave sent mis- sions to France alike under the ancient absolute mon- archy, limited monarchy, and revolutionary anarchy • to the convention and to the directory; to the consular and the imperial despotisms, and to the present constitu- tional Government. The posture of affairs which our ministers have found in that country lias often been novel ; their personal position unprecedented, the scenes they witnessed strange and unexampled. But of none of our successive missions could it have been said, in any important sense, that the mission itself was novel; that is. that it opened a door to any relaxation of the constitu- tional checks in the administration of the foreign affairs of the Government at home. In like manner, the mission to Panama is in the strictest conformity with our whole international policy, which is to be represented wherever we have important political and commercial connections. Our commissioners will go there to do the business of the country. Their appearance at that meeting can not surely have the effect of breaking down the Senate and House of Representatives, and by a kind of dictatorial power un- known to the Constitution, of binding the country in a foreign alliance. Lastly, it may be objected that, in a congress of assem- bled powers, there is something essentially pernicious which this country, instead of approaching, ought to shun, and the existing organization in Continental Europe may be quoted as the illustration. The committee deem it hardly necessary to remark that the pernicious charac- ter of the late European congresses, or of any European congresses, does not consist in the act of assembling and treating together, but in the character of the governments assembled, and in the objects effected or aimed at, A congress of despotic powers, wielding the force of large standing armies, and meeting to concert measures for 92 violent interference in the internal affairs of other States, is certainly a pernicious assembly. In other words, despotic governments, standing armies, and unprovoked invasion are pernicious in a single state, and proportion- ably more so when several despotic governments league their forces to prevent the establishment of liberal insti- tutions in any country not beyond their reach. But if the states of Europe were free republics, blessed with popular governments, written laws, elective magistrates, and sena- torial bodies beyond the reach of corruption, the com- mittee do not perceive that a meeting of the diplomatic agents of such governments, to form treaties and conven- tions, on their mutual interests and concerns that are to be sent home to their constitutional ratifying function- aries, would be in any degree alarming. Moreover, it is an obvious reflection that this argument against the mis- sion to Panama, if it prove anything, proves too much. If the pernicious character of the power to which the mis- sion is to be sent is a reason for not sending it, it would be impossible for the United States to maintain a single mission in Europe. Our ministers there are, in every case, accredited to governments constructed, as we think, on principles which could not be introduced here without immediate national ruin. If it be safe for us to hold dip- lomatic intercourse with the unlimited monarchy of Rus- sia, it can not be dangerous to hold the same kind of intercourse with an assembly of the agents of our neigh- boring republics. Having thus considered the objections which may exist to this measure, and endeavored to show that it is strictly within the line of the international policy of the United States, the committee regard it as their duty to the House, on the present occasion, to dwell for a moment on the sub- jects of discussion at the Congress of Panama. By the terms of the invitation, as well as the nature of the case, the discussions at Panama are to extend to all subjects of importance to the new states, as among each other ; or, as between them and Spain ; or of importance directly to us, in our connection with them. Each power is at liberty to propose what subject for 93 discussion or negotiation it may please ; the only limita- tion being that which the United States impose on them- selves, with the understanding of the other powers that we are to engage in no discussions inconsistent with an entire neutrality. Although in different degrees, the three classes of sub- jects above enumerated are interesting to the people of the United States. The relations of the new states to each other are very important to us. They are our near neighbors — one of them has an immense landed frontier on our territory, and together with tin- two next in geo- graphical succession lies on those waters into which the great internal communications of the United States are discharged. With the others, we have no direct geo- graphical but we have highly important commercial con- nections. At present there are eight or nine independent States formed out of the late Spanish and Portuguese colonies; seven of these, viz. Mexico. Guatemala. Colombia, the provinces of La Plata, Chili, Peru, and Upper Peru have adopted republican governments. Now. it is to us a matter of very great interest how these States shall stand toward each other. Should they fall into dissensions and wars those great advantages which we have reasonably promised ourselves from their growth and prosperity could not be realized. The great drawbacks <>n the progress of these States and on the extension of advantageous com- mercial relations with them arising from the war with Spain would be perpetuated by the growth of tends and conflicts with each other. It would have been as well for us and for themselves that the mother conntry had con- tinued to rule them as that their energies should lie wasted in civil wars. The committee do not intend to augur un- favorably for the peace and harmony of these States, but it is obvious that the simultaneous rise of so many neigh- boring independent republics must be attended with its hazards. Rival claims to portions of territory may form a subject of contention among the new States as they did in our own Confederacy after the war of the Revolution. A controversy of this kind has actually arisen between 94 Mexico and Guatemala, which the committee trust will he settled by friendly compromise, for few events could be more to be deprecated by us than a war between two States lying on and near the Gulf of Mexico. Unfortunately a controversy of the same kind has broken out into a war between Brazil and the United Provinces of La Plata for the disputed possession of the Banda Oriental. The effect of this war on us has been instantaneous. It has already become necessary to ask for an additional appropriation for the naval service of the year of near $100,000 to protect the property and lives of our citizens from the dangers to Avhich, in the progress of this war, they will be exposed. Now. it has been expressly provided in the treaties which led to the formation of the Congress of Panama, that the ministers there assembled should exei'cise the office of mediators when such differences shall arise. Brazil and La Plata have both been invited to the Congress ; and had it been in active operation, it certainly is within the reach of political probability, that this un- fortunate controversy might, by friendly mediation, have been prevented from ripening into the fatal issue of war. To the work of mediation, in all such cases, the United States would come as the most disinterested party ; and as we ourselves have experienced the benefits of the mediation of a foreign friendly power, it may happen that we may render the like good office to our sister States. Could we but in a single instance avert or terminate a war, it would itself form a sufficient motive for accepting the invitation. We claim no right of interference ; we do not obtrude ourselves as umpires. We are invited'to a congress where we are told these national differences, if any arise, will be discussed ; we are told that our presence, counsel, and ex- perience are desired. No maxim of the most cautious political prudence bids us stand aloof. Next to peace on ( mi- own part, their peace and prosperity are our leading interest ; and the policy of maintaining peace through the instrumentality of friendly mediation is entirely congenial with the principles and feelings of the people of the United States of America, and sanctioned by their practice. The next general class of subjects to be discussed at the 95 Congress of Panama are the relations of the new states with Spain. This subject, it is expressly stipulated, is only to be approached by our ministers under the reservation of strict neutrality. More than this, our great efforts will be directed to pacification. The policy of the United States in this respect is sufficiently unfolded in the letter of the Secretary of State to Mr. Middleton, dated May 10, L825, and the letter of the Secretary of State to Mr. Sala/.ar. dated December 20, L825. Pacifications between the bel- ligerents is an object which it is our most decided interest to pursue. No single political event perhaps could lie named more desirable to the United States, in reference to their industrious interests, than the termination of the present contest. We suffer every way by its continuance; our commerce with Spain languishes, and it is impossible that it should assume a profitable expansion with the new States. Connected with the belligerent relations between Spain and the new States is the fate of the Spanish Islands, par- ticularly Cuba. If the war continues, the invasion of that island will he attempted ; it is an avowed subject of discussion at the Congress. This is a subject of the great- est moment to the United States in every respect. We have an intercourse with thai island which acts upon our industry in all its branches. The Moro may he regarded as a fortress at the mouth of the Mississippi; and what is infinitely more important, unless Cuba should he invaded by an overwhelming force (such a, force as the new States will hardly be able to organize), that invaluable island may renew, almost within sight of our shores, the terrific example of San Domingo. Any effort on the part of the United States to avert such a catastrophe would be cheaply made; none could he justifiably omitted. Had tl\c Gov eminent of the United States, after being invited to at- tend a conference of the ministers of the powers by whom that invasion is projected, declined to be present, they would have been heavily responsible to the people for whatever disastrous effects our friendly interference mighi have averted or delayed. The last general class of subjects to he discussed and 96 treated at Panama are the direct interests between the United States and the new Republics, unquestionably, as far as we are concerned, the most important branch of the negotiations. With several of these powers we have no treaty whatever. With Mexico, as appears from the cor- respondence between the Secretary of State and Mr. Poin- sett, we have been unable as yet to form a treaty on sat- isfactory conditions, and the obstacles which have hitherto prevented this from being done are precisely such as are most likely to be removed at a conference of ministers of all the new States. At such a conference we shall, of course, possess the best opportunity of establishing uni- form and liberal relations with all. The arrangements to be made with them comprehend the great principles of belligerent, neutral, and commercial law as set forth in the general instructions to Mr. Anderson, by the then Sec- retary of State. The United States have long been labor- ing to introduce into every branch of public law principles of liberality, equality, and humanity, hitherto unknown in its codes. The various respects in which our policy, in many leading points of the laws of war and trade, differs from that of Europe are well known to the House, and need not here be stated. The Republic of Colombia, in inviting our attendance at the congress, has asked for her- self and her sister Republics the benefit of our experience in the great school of international politics. To refuse our attendance at the congress, when urged on this ground, would be to neglect to seize, perhaps, the fairest oppor- tunity which the history of the world ever afforded of giv- ing a wide and prompt diffusion to liberal doctrines of public law. It would certainly put it out of oirr power to complain of any policy these States might adopt, however unfriendly toward our interests and however vicious in principle. Such are the views of the committee with respect to the several classes of subjects which will be discussed at this congress. It is a very obvious reflection that our attend- ance may have a powerful effect in giving a character to the assembly itself. Our presence is particulaidy requested by one of the new States, who have joined in the invita- 97 fcion, on the ground of "the importance and respectabil- ity" which would thence attach to the congress. The committee do not foresee the possibility that, under any circumstances, the congress could becomean inconvenient or dangerous assembly. But if it be thought by any one that evil consequences are like "y to flow from it, the pros- pect of such consequences would furnish new reasons why we should be represented at it. Whatever opinions may be held of the expediency of such a meeting in itself, it would seem that there could be bui one opinion as to the duty of our attendance at the congress to correct the per- nicious tendency which it may be feared to have. To neg- lect to attend the congress because it was a combination of unfriendly aspect would be to neglect the ordinary prep- arations of defense, precisely because there was danger of war. Viewing the Congress at Panama in this un favor- able light (for which, however, the committee apprehend there is no reason), no administration of the executive government would stand justified to the country without taking measures most promptly to be informed of its pro- ceedings. If not invited to send authorized and accredited ministers, it would have been their duty to send private political agents. The committee have felt it their duty to consider this question chiefly on strict grounds of political expediency. and in reference to the principle of our diplomatic inter- course. They, however, accord in sentiment with the President, that a sufficient inducement to accept the invi- tation would have been "to meet in the spirit of kiudno s and friendship an overture made in that spirit by three sister republics of this hemisphere." It will not escape the consideration of the House that the conduct of the United States toward the new republics has ever been reg- ulated by the maxims of a frank and liberal policy. Had we acted toward them even as we have felt it our duty to act toward Europe, our course would have been essentially different. Had our feelings toward them been the same as those which our political fathers have inculcated toward Europe, we should certainly have regarded it rather as an evil than a benefit that so many new republics, of which 7pa 98 the greater part must be powerful States, are rising into existence on the same side of the water as ourselves. We are henceforward to be without that which has formerly been regarded as the great bulwark of our national se- curity, our geographical distance from every other pow- erful State. But we have not hesitated to break down this bulwark. We have gone to meet and welcome the new republics. We have ourselves assisted to exchange weak colonial for powerful sovereign neighbors. As far as it depended on lis, we have chosen to place the regions on our immense southwestern frontier beneath the government of vig< ir- ons republican institutions, instead of having them under the safe and enervating despotism of Spain. In the judg- ment of the committee, this has been a sound, a great, an auspicious policy. It was not rashly adopted ; it was long deliberated, well weighed, and at length received its sanction in the unanimous voice of this House, and the acclamations of the people. From this policy it is now too late to recede. We can not now do much to obstruct the growth of the new States ; we can do everything to con- ciliate and attach them, or to estrange and disgust them. The course first will promote the general cause of liberty, will perpetuate friendly relations between the two great portions of this continent, to the mutual advantage of both, and will render us more and more independent of Europe. The latter course will tend to revive in the New World the false and pernicious maxims of the Old ; to teach neighboring republics to fix on each other the fatal name of natural enemies ; to create piratical and border wars ; to generate systems of exclusion ; and, finally, to establish in this hemisphere those political principles and habits which have caused the downfall of so many foreign States, made so many others stationary and lan- guishing, and checked the growth of all. We are now to consider whether we will take the first step in an un- friendly and repulsive, policy, by refusing to accept the courteous invitation of three most respectable neighbor- ing governments, tendered in a manner equally creditable to their delicacy and flattering to the United States, 99 Nothing but a certainty of pernicious consequences to result from our attendance at the congress, would, in the opinion of the committee, be sufficient to justify our re- fusal to accept such an invitation. As our attendance at the congress, instead of being prejudicial to the public interests, is, in the judgment of the committee, a measure of the most obvious political expedience ; as it is stipu- lated to bring into no hazard the neutrality of the United States ; as all fears of an entangling alliance have been shown to be unfounded ; in a word, as the congress will be regarded by the Executive of the United States as purely a consultative meeting, and as t lie objects of con- sulation are of primary importance to the country, the Committee of Foreign Affairs are of opinion that the mission to Panama ought to receive the sanction of the House of Representatives, and they accordingly recom- mend the adoption of the following resolution : Resolved, That, in the opinion of the House, it is ex- pedient to appropriate the funds necessary to enable the President of the United States to send ministers to the Congress of Panama. Extract of a letter from Mr. Clay to Mr. Poinsett, minister to Mexico. Department op State, September 24, 1825. During the last spring the ministers of Mexico and Colombia near this Government made separate but nearly simultaneous communications to this Department, in rela- tion to the contemplated Congress at Panama. Each of them stated that he was instructed by his Government to say that it would be very agreeable to it that the United States should be represented at that congress ; that it was not expected they would take any part in its deliberations or measures of concert in respect to the existing war against Spain, but that other great interests affecting the continent of America, and the friendly intercourse be- tween the independent nations established on it, might be considered and regulated at the congress, and that, not knowing what might be the views of the United States, a 100 previous inquiry was directed to be made, whether they would, if invited by Mexico or Colombia, be represented at Panama, and if an affirmative answer were given, each of those ministers stated that the United States would be accordingly invited to be represented there. The President directed me to say, and I accordingly re- plied, that the communication was received with great sensibility to the friendly consideration of the United States, by which it had been dictated; that, of course, they could not make themselves a party to the existing war with Spain, or to councils for deliberating on the means of its further prosecution; that he believed such a Congress as was proposed might be highly useful in settling several important controverted questions of public law and in ar- ranging other matters of deep interest to the American continent and to the friendly intercourse between the Amer- ican powers; that before such a Congress, however, assem- bled it appeared to him tobe necessary to arrange between the different powers to be represented several preliminary points, such as the subjects to which the attention of the Congress should be directed, the nature and the form of the powers to be given to the ministers, and the mode of organizing the Congress. If these preliminary points could be adjusted in a manner satisfactory to the United States, the ministers from Mexico and Colombia were in- formed that the United States would be represented at the Congress. Upon inquiry if these preliminary points had yet engaged the attention of either the Government of Mexico or Colombia, they were unable to inform me that they had, whilst both appeared to admit the expediency of their being settled. Each of them undertook to com- municate to his Government the answer which I delivered to their invitations, and nothing further has since trans- pired. It is deemed proper that you should be made ac- quainted with what has occurred here on this matter in order that if it should be touched upon by the Mexican Government you may, if necessary, be able to communi- cate what passed. We shall make no further movement in it until we hear from the Governments of Mexico or Colombia. 101 Extract of a letter from Mr. Poinsett to Mr. Clay. Legation op the United States of America, Mexico, August 26, 1826. The plenipotentiaries from Panama have not yet reached this city. It is now confidently asserted that those from Mexico were instructed to propose the removal of the Congress to Yucatan, or some other point in these States. Upon their arrival I shall endeavor to learn the precise nature of the secret convention concluded at Panama. In all probability it relates to the invasion of Cuba and Porto Rico. I send herewith a translation of the speech of the presi- dent of the Congress of Panama on the installation of that assembly. INSTALLATION OF THE AMERICAN CONGRESS. Panama, June 22, 1820. This day may be called the day of America. From this day the people enjoy freely their political liberty and each individual conforms to his social compacts. A strict and eternal bond unites the four Republics of Colombia, Guate- mala, Mexico, and Peru. All engage mutually to assist each other against their foreign oppressors and against those who may attempt to infringe the rights they have recovered. To preserve a perfect equality the presidency was de- cided by lot, as was the order of signatures. The names of the Most Excellent Senors Pedro Gual, minister of state and of exterior relations of Colombia; Antonio Larra- zabal, plenipotentiary of the Holy Cathedral Church of Guatemala; Don Manuel Lorenzo de Vidaurre, president of the supreme court of justice of Peru and decorated with the medal of Bene-meritos of his country ; Don Jose" de Michelena. brigadier-general in the armies of Mexico ; Pedro Briceno Mendez, brigadier-general in the armies of Colombia and of the liberators of Venezuela and Cundi- namarca; Pedro Molina, plenipotentiary from Central America ; Don Manuel Perez Tudela, attorney-general of 102 the supreme court of justice of Peru, and Don Jose" Do- minguez, regent of the tribunal of justice of Guanaxuato, will be repeated forever with respect as the most eminent defenders of our liberty and independence. Blessed be the God of Justice, who, in recompense of our toils and slavery, has vouchsafed to us forever the means of being happy. ADDRESS OF DON MANUEL LORENZO DE VIDUARRE, TO THE PLENIPOTENTIARIES OF THE AMERICAN STATES ASSEM- BLED AT PANAMA. The inhabitants of the Americas which were formerly Spanish, will cover themselves with infamy, in the eyes of all known nations, if they fail to promulgate such wise, equitable, and just laws as will insure their present felicity, and that of their descendants, for many generations. Restored to the state of nature, free and independent, in perfect possession of all their rights, and of that free will given to them by the Sublime Author of all beings, they are more perfect than in the early days of , the creation. Then, man could not be prudent, because he had no expe- rience ; he could not avoid evil, because he knew it not ; he was incapable of enjoyment, because he was ignorant of pain or pleasure. Now. in the exercise of his perfected faculties, he distinguishes that which is justice and that which is injustice ; the useful and agreeable from the pernicious and troublesome ; security from danger ; the fruition of continued moderate pleasure, from delights momentary though intense. The overthrow of a thousand empires, the flux and reflux of riches throughout all parts of the known world, the destruction of some cities and the elevation of others, the rise and fall of States, all are lessons of which he may profit, all are rules offered to to him to guide his present conduct. Among the many physical, moral, and political revolu- tions which history relates and philosophers have ex- amined, our own is unexampled. Dynasties succeeded 103 each other in China from the time of Fo-hi until the Tar- tars seized the throne ; the Egyptians number three hun- dred and forty-one generations to the days of Lethon ; the Persians succeeded the Medes, as these had succeeded the Assyrians; the Romans took the place of all; a cloud of locusts sallies forth from the North and takes possession of the South of Europe; Columbus discovers a new world; Cortez, Pizarro, and other criminal adventurers dethrone sovereigns, and seize upon a fourth part of the globe. Human nature has not advanced; she is every day more a slave to the shameful passions of a few and an accomplice in their crimes by a stupid passive obedience, which blinds her to a sense of her degradation and almost causes her to forget her noble origin; dynasties are changed, but not the vices of government. Even when the Greek, the Ro- man, the Carthagenian of antiquity appear devoted to liberty, they are unsteady, inconstant, suspicious, envious, discontented with their own territories; great warriors, but bad citizens. I only see in them vices under different aspects, and a chain of evils and misfortunes. Let them rejoice in Marathon and Salamis; still the Athenian is panic stricken at hearing that the walls of the Pireus are doomed to destruction and to be leveled with the earth; the sons of Thebes weep over their fallen country; the Emilian sheds tears in seeing Carthage in ashes, because it prognosticates that barbarians are to sack Rome; her precious monuments will be delivered over to the flames, and her famished sons will rush through her streets seek- ing for bread or death. The time had not yet come when men were to be happy. The sublime theory of rights and obligations had not yet been discovered; countries were defended, but not individuals. I look upon the English as the first who labored for the rights of man. Their ancient charter, extorted by force from John Santerre, and their progress through several centuries, to the time of William III, show that we ought to consider them as the discoverers of the great po- litical system. The Anglo-American must confess that the lights he received from his fathers directed him in his struggle, and conducted him to the haven where he re- 104 poses under the shade of the tree of just and moderate liberty. Our situation, however, is still more fortunate. We have before us, in pictures perfectly executed, the errors and the knowledge, the virtues and the vices, of seventy- two centuries. The union of the Swiss, the constancy of the Dutch, the prudence of the North Americans, the atrocities of the French Revolution, the parties of the Bel- gic provinces, and even our own, are models which we are to keep in view, that we may follow the examples of some and detest those of others. The great American Congress, which is to be a council in great conflicts, a faithful interpreter of treaties, a medi- ator in domestic disputes, and charged with the formation of our new international law, finds itself invested with all the powers necessary to accomplish the noble, grand, and singular object for Avhich it is convoked. All the precious materials have been collected beforehand. The whole world is about to witness our labors, and to examine them with deliberation. From the first sovereign to the last inhabitant of the austral regions there is not one indiffer- ent to our task. This perhaps may be the last experiment that will be tried to ascertain whether mankind is capable of being happy. Fellow-laborers, the field of glory has been laid open to us by Bolivar, San Martin, O'Higgins, Guada- lupe, and many other heroes superior to Hercules and Theseus. Our names are to be written either with immor- tal praise or eternal opprobrium. Let us elevate ourselves above a thousand millions of inhabitants, and may a noble pride inspire us, assimilating us to the Deity himself, on that day when he gave the first laws to the universe. Warmed by a divine fire, and fixing my eyes steadily on the Author of the Universe, the most enormous difficulties appear /to me trivial. Few, but solid, are the bases on which our confederation is to be founded. Peace with all the world ; respect to the established governments of Europe, although they be diametrically opposed to those generally adopted in our America ; a free commerce with all nations and a great diminution of duties in favor of those which have, recognized us ; religious toleration towards such as 105 observe different rites from thos. ■ which we have established by our several constitutions. Alt ! nearly thirty-three mill- ions of victims sacrificed by fanaticism from the time of the Hebrews to the beginning of the preseul century. These teach us to be humane, pacific, and compassionate, even towards those who walk in very different paths. Let the stranger come; whatever may be his mode of worship he will he admitted, respected, protected, if his morality, which is true religion, is not contrary to that taught by our Christ. Let them be our masters in agriculture and the arts. Let the sad and despairing countenance of the African, oppressed with the chains of force and power, disappear from our fields Let him see at his side a man of that color which he had believed a mark of superiority. He begins to be rational when he perceives that he is dis- tinguished in nothing from other men. Immortal Pitt ! eloquent Fox! interrupt for a moment your repose, lift your heads from the tomb and behold with admiration that the countries formerly enslaved are those which most venerate your philanthropic maxims. With respect to ourselves, there are two terrible, hidden rocks. One, the desire of aggrandizement of some states at the cost and to the injury of others ; the second, the risk that some ambitious man may aspire to tyrannize over his fellow men and enslave them. I fear both cases as much as I despise the threats of the feeble Spaniards. I can not extinguish the passions, nor would it be well to ex- tinguish them. That man forever aspiring to something above him ! That man never content with what he pos- sesses ! He has ever been unjust, and shall we convert him suddenly to a love of justice ? I trust so. He has experienced the ravages caused by extravagant desires. Sully and Henry IV formed the project of a tri- bunal in order to prevent in Europe the first of these dan- gers. In our days Gordon wrote a treatise upon the same subject. This Diet realizes the praiseworthy intentions of the kings and of philosophers. Let us avoid war by re- ducing everything to mediations. The effect of war is conquest. One state is augmented by reducing that of the vanquished. Montesquieu explained what it really 106 was ; Debonaire what it ought to be. Napoleon, by every fresh victory, acquired new territories for France. An arrow cast into our fields or mountains will be an horrid sound, which will be heard throughout the continent and over all the islands. And about what shall we dispute ? Our productions are the growth of every soil; our terri- tories are immense; our ports secure and excellent. One republic need not envy the other. Will the shepherd of a thousand sheep go forth to rob the little flock of his neigh- bor? What injustice ! The Diet will not consent to it. As it frequently happens that wars spring from alliances, it appears that America will only enter into them with the common consent of all the contracting parties. I suspend my opinion, because that would be to prejudge the decis- ions. The second danger is provided for by very simple rules : First, let the confederated governments guaranty each other's liberty and independence. Second, never let an individual be intrusted with more power than is neces- sary to accomplish the purpose for which it was granted. Third, the greater the power the shorter time it ought to be enjoyed, if this is compatible with its intent. Fourth, that he to whom power is confided be made to de- pend upon that part of the nation which is disarmed. Fifth, not to maintain standing armies except in time of actual war. Sixth, to avoid this dreadful evil, irreconcil- able with the domestic tranquillity of society, by every means in our power, and which honor and prudence dic- tate. It does not escape me that in a corner of the Escurial or of Aranjuez plans are forming for new expeditions. An event I deem almost impossible. The history of Spain furnishes us with proofs. Could Philip II, his son, or grandson subjugate Holland ? Could Philip IV recover Portugal ? Could Catalonia have been restored had it not been for the generosity of France ? Has Gibraltar returned into the hands of the Spaniards ? Has Jamaica been restored ? The history of treaties may be called that of the renunciation of Spain. What was gained in Pavia and San Quintin was lost in that of Vervins, West- 10? phalia, the Pyrenees, Nineguen, Aix-la-Chapelle, and all tli.it have been concluded up to the present day. The Floridas, which were acquired by the treaty of Paris, the United States compelled her to rede by force. Let us call to mind some circumstances. Philip II consented that his troops should live at free quarters and drive the Dutch to desperation. Charles II had to take up loans at 15 per cent, and to sell the vice- royalties of Peru and Mexico to carry on his wars. This was when the sun never went down in the dominions of the kings of Spain, and when they were obeyed im- plicitly. Of what importance are they now ? Without colonies, without internal union, and the Peninsiila garri- soned by an hundred thousand French. I am well aware in what manner the expedition against us was formed which sailed in Cadiz in the year 1 820. In that were employed the indemnities paid by the French, the private purse of the King, and their last resources. All have been ex- hausted. There are no vessels ; the last rotten hulks have been sent to the Havana. There are no arms, nor any disposition on the part of the Spaniards to come and perish in these countries by the lance or the rigor of the climate. It is not my wish that we persuade ourselves to disarm. Quite the contrary. Let our land and naval forces be in- creased ; but do not let this be done that they may remain in inaction in garrison. Let us strike a blow against this obstinate nation which shall make her tremble. To wait until she attacks is to wait for the Messiah ; it is to be eternally armed. Let us compel our enemy to abandon his rashness and caprice. All Europe disapproves his con- duct. Even the princes of the house of Bourbon do not natter him on this subject. No nation feels an interest that Spain should continue the war ; the general wish is for peace. Without this, the uniform course of commerce is frequently interrupted, to the great prejudice of all indus- trious and commercial nations. How different was the position of England when she recognized the independ- ence of the United States. May the prudent English lead the blind Spaniards! So long as he resists the mediation of those powers that LOS protect us, let the products of his soil and manufactures of every sort be entirely prohibited. Let them be confiscated wherever they may be found ; and let those who may be convicted of having broken a law, which we are compelled to adopt, lose the cargo. Destroy completely the manufactures of Valencia and Barcelona. Without a market let the industry of Spain be paralyzed. Let Ferdinand VII be persuaded that if, by withholding his recognition, he compels us to incur pro- digious expenses by maintaining armies, he likewise de- stroys the remnant of a miserable kingdom, torn to pieces, as it is, by discord, and prostrated under the yoke of a foreign nation. If ever he was amenable to reason founded in strict justice; if he can persuade himself that he can not recover what he knew not how to preserve ; if he be convinced that he has in the Americas neither friends nor places of asylum, — then the feeling American would express him- self in a different manner. We never will buy our inde- pendence. The name of liberty would be shocking to us. We are constituted into states, with rights equal to those possessed by the European. We are men voluntarily united in society, and subject only to those compacts which, in the exercise of our free will, we have formed. If Ferdinand VII recognizes them, let him enter into a generous reconciliation which is offered him. Let us forget the im- mense evils he has occasioned us, and the period of peace be that of the sincerest union. We continue the war against our inclination and against our character ; if not dishonorably, we will terminate it with the liveliest pleas- ure. But, gentlemen, this recognition is not the circumstance which most interests us. Holland became very wealthy and achieved conquests before she was acknowledged. The Swiss formed alliances with the sovereigns of Europe be- fore the house of Austria recognized them. The existence of a state does not depend upon being recognized ; that serves only to open foreign relations. The existence of a nation depends upon its interior political organization. Let us possess that, so that it may be the interest of the L09 whole .world to hold communication with us. Let tis pre- serve our dignity ; let us not admil foreigners who do not ( nine authorized in due diplomatic form: let us not con- sent that other flags shall be displayed in our ports than those of the kingdoms and republics where ours are ad- mitted. Above all. lei us form one family ; let the names which distinguished our respective countries be at an cud. ami let us adopt the general one of brothers; lei us carry on commerce without obstacles and without prohibitions ; let American g Is pass every custom-house unexamined: let us give to each other continued proofs of confidence, disinterestedness, and sincere friendship; let us form one code of public law, which may become the admiration of the civilized world. By that, an injury done to one State is understood to he done to all. As in a well-organized society, what is committed against one citizen, interests the rest of the Republic. Let us solve the problem of which is the best of the governments. Each individual enjoying the greatesl portion of good, and the nation the most perfect prosperity. Itis beyond doubt that which reaches the climax of that happiness which human nature is capable of enjoying. And when, having concluded our labors, we retire to our homes, surrounded by our sons and grandsons, let us take the youngest of them in our arms, ami lifting him up as an offering to the Supreme Being, our cheeks bathed in rivers of tears. Id us make him. in his innocent lan- guage, pronounce a thanksgiving for the immense benefits we have received from sovereign justice. Let the Greek boast of his deeds in having left Troy in ashes: the repre- sentatives of the Republics may glory 'in having promul- gated laws which provide for universal peace with all nations and the internal felicity of those States which have this day met together, and which will endure to the eud of ages. Panama, 22d June. 1826 : First of the great Diet America. Manuel De Vidaurre. (Peru.) 110 Extracts of a letter from Mr. Poinsett to Mr. Clay. Legation of the United States, Mexico, September 6, 182G. I saw the Mexican deputies to the Congress of Panama this morning for the first time since their return. One of the articles of agreement between the new States is, that whenever the safety of America shall require a large force to be kept on foot the expense shall be defrayed by all parties. A meeting of the plenipotentiaries of the allied Repub- lics is to take place once every year in the month of Sep- tember so long as the common war continues, and every two years in time of peace. The plenipotentiaries are to remain in the place agreed upon for three months, which term may be prolonged for two months more, at the end of which period the sessions may be renewed; but during the war these plenipotentiaries can not leave the territory of the Republic wherein the meetings are held, so that they may meet together immediately if any extraordinary circumstance should require it. The congress will continue its negotiations in Tacubaya so soon as the ministers arrive who carried the treaties from Panama to their respective governments (eight months is the time fixed for exchanging these ratifications; six will probably elapse before these plenipotentiaries reach Mexico). The following is the substance of an additional article of the treaty of union, league, and perpetual confederation, concluded and signed at Panama : Whereas the contracting parties, desiring ardently to live at peace with all the nations of the universe, by avoiding all reasons for misun- derstanding which might arise from the exercise of the legitimate rights in peace and war, have agreed, and hereby agree that, immedi- ately on the ratification of the present treaty, they will proceed to fix by common agreement, all those points, rales, and principles, which are to govern their conduct in both cases, for which purpose they will re- new their invitation to the neutral and friendly powers that if they deem it expedient they may take an active part in these negotiations, and may be present by means of their plenipotentiaries in order to ad- just, conclude, and sign, such treaty of treaties as may be made for so important an object. Ill It would appear from this article that, although the ses- sions of the Congress of Panama have been removed to Tacubaya, the invitation is to be renewed to the neutral and friendly powers. At all events, our plenipotentiaries need not be here before the month of February next. The Mexican plenipotentiaries told me that they found no difficulty to induce a majority of the deputies of the Congress of Panama to remove to Tacubaya. The Isthmus is so sickly that they were all glad to re- move from Panama. I adverted, in the course of conversation, to the very extraordinary sentiments contained in Vidaurre's speech on the opening of the Congress. They assured me that Vidaurre never delivered that discourse, but published it without the knowledge of his colleagues; that on the fol- lowing day they, the Mexican plenipotentiaries, remon- strated verbally, both against the publication of that dis- course and against the sentiments it contained, and the Colombian plenipotentiaries delivered in a written pro- test to the same effect. I suggested the propriety of publishing a notice of what took place on that occasion, as the whole tenor of Vidaurre's discourse is calculated to produce an unfavor- able impression. I believe this will be done. Might it not be well to do so in our papers ? I shall probably learn the whole of the proceedings at Panama in a few days, and I will continue to send the in- formation as I collect it. [Translation.] The Colombian Ministt r to Mr. Clay. Legation of Colombia, Washington, November 20, 1826. Sir: I have received an order from the Government of Colombia to communicate to that of the United States that the great American assembly was installed on the 22d of June last, by the plenipotentaries of Peru, Mexico, Central 112 America, and Colombia. The necessity for the concur- rence of the legislature of Chile, which was not in session, to the nomination of plenipotentaries, had retarded their arrival at Panama. The assembly being installed, it was determined by lot in what order the confederated states should be named, and by common consent it was determined that the repre- sentatives of each should alternately hold the presidency for the direction of the discussions. These were conducted with that perfect harmony and concord which the great and important object in view should inspire; and the pre- paratory conferences and labors which preceded enabled the plenipotentiaries on the 15th of July last to sign : (1) A treaty of union, league, and perpetual confedera- tion between the four states represented, to which the other powers of America might have an opportunity to accede within one year. (2) A convention for the renewal of the great assembly annually in time of common war, and biennially during peace. (3) A convention which fixes the contingent which each confederate should contribute for the common defense. (1) An agreement concerning the employment and di- rection of those contingents. (5) Divers declarations that the treaties which Colom- bia had formerly concluded with the United Mexican States, Central America, and Peru, should be included in those treaties with certain reservations. Although the labors of the Congress were already so far advanced, the hazards occasioned by the climate of Panama to the plenipotentiaries, admonished them to re- solve upon a removal of the Congress to the town of Tacu- baya, near the City of Mexico, where they expect the minister whom the Government of the United States has resolved to send. I have the honor to renew to you the assurances of the high consideration and respect of Your most obedient servant, Jose Maria Salazar. 113 Mr. Clay's instructions to United States Delegates to tin ( 'ongress at Panama. [Executive Journal, United States Senate, 1830 to 1837.] To the Senate and House of Representatives of the United States : I herewith transmit a copy of the instructions prepared by the Secretary of State and furnished to the ministers of the United States appointed to attend at the assembly of the American plenipotentiaries first held at Panama and then transferred to Tacubaya. The occasion upon which they were given has passed away and there is no present probability of the renewal of these negotiations, but the purpose for which they were intended arc still of the deepest interest to our country and to the world, and may hereafter call again for the active efforts and benefi- cent energies of the Government of the United States. The motives for withholding them from general publica- tion having ceased, justice to the Government from which they emanated, and to the people for whose benefit it was instituted, require that they should be made known. With this view, and from the consideration that the subjects embraced by these instructions must, probably, engage hereafter the deliberations of our successors, I deem it proper to make this communication to both houses of Congress. One copy only of the instructions being pre- pared, I send it to the Senate, requesting that it maybe transmitted to the House of Representatives. John Quincy Adams. Washington, March 3, 1829. instructions, general. Department of State, Washington, May 8, 1826. Gentlemen : The relations in which the United Stabs stand to the other American powers, and the duties, inter- ests, and sympathies which belong to those relations, have determined the President to accept an invitation which 8 PA 114 lias been given by the Republics of Colombia, Mexico, and Central America to the United States to send representa- tives to the Congress at Panama. He could not, indeed, have declined an invitation proceeding from sources so highly respectable, and communicated in the most delicate and respectful manner, without subjecting the United States to the reproach of insensibility to the deepest con- cerns of the American Hemisphere, and perhaps to a want of sincerity in most important declai'ations, solemnly made by his predecessor, in the face of the Old and the New World. In yielding, therefore, to the friendly wishes of those three Republics, communicated in the notes of their respective ministers at Washington, of which copies are herewith, the United States act in-perfect consistency with all their previous conduct and professions in respect to the new American States. The assembling of a Congress at Panama composed of diplomatic representatives from independent American nations will form a new epoch in human affairs. The fact itself, whatever may be the issue of the conferences of such a congress, can not fail to challenge the attention of the present generation of the civilized world, and to command that of posterity. But the hope is confidently indulged that it will have other and stronger claims upon the regard of mankind than any which arise out of the mere circumstance of its novelty, and that it will en- title itself to the affection and lasting gratitude of all America, by the wisdom and liberality of its principles and by the new guaranties it may create for the great in- terests which will engage its deliberations. On an occasion so highly important and responsible the President has been desirous that the representation from the United States should be composed of distinguished citizens. Confiding in your zeal, ability, and patriotism, by and with the advice and consent of the Senate, he has selected you for this in- teresting service. And it is his wish that you shoiild pro- ceed with all practicable dispatch to Panama. For the purpose of carrying out Mr. Sergeant, the United States ship Lexington has been prepared and is now ready to sail from the port of New York to Porto Bello. Mr. An- 115 derson, having been notified of his appointment has been di- rected to leave the affairs of the United States at Bogota in the charge of such person as he may for that purpose des- ignate, and to join Mr. Sergeant at Porto Bello, from whence it is supposed that it will be most convenient to proceed by land across the Isthmus to Panama. Minis- ters from several of the powers have probably by this time reached that place and they may even have proceeded to a comparison of their respective credentials and to confer- ences on some of the objects of the congress, but it is prob- able they will have deferred until your arrival a consider- ation of those deliberations on which it was expected that we should take part. Your power, accompanying this letter, is joint and several, authorizing you to confer and treat with minis- ters also duly authorized from all or any of the American powers, of peace, friendship, commerce, navigation, mari- time law, neutral and belligerent rights, and i ither matters interesting to the continent of America. After the mutual exchange of powers, it will be necessary to determine the Conns of deliberation and the modes of proceeding of the congress. It is distinctly understood by the President that it is to be regarded in all respects as diplomatic in contradistinction to a body clothed with powers of ordi- nary legislation ; that is to say, no one of the States repre- sented is to be considered bound by any treaty, convention, pact, or act to which it does not subscribe and expressly assent by its acting representative, and that, in the instance of treaties, conventions, and pacts, they are to be returned for final ratification to each contracting State according to the provisions of its particular constitution. All idea is. therefore, excluded of binding a minority to agreements and acts contrary to its will, by the mere circumstance of the concurrence of a majority of the States in those agree- ments and acts. Each State will, consequently, be gov- erned and left free, according to its own sense of its particular interests. All notion is rejected of an amphic- tyonic council, invested with power finally to decide con- troversies between the American States or to regulate in any respect their conduct. Such a council might have 116 been well enough adapted to a number of small contracted States, whose united territory would fall short of the ex- tent of that of the smallest of the American powers. The complicated and various interests which appertain to the nations of this vast continent can not be safely confided to the superintendence of one legislative authority. We should almost as soon expect to see an amphictyonic coun- cil to regulate the affairs of the whole globe. But even if it were desirable to establish such a tribunal, it is beyond the competency of the Government of the United States voluntarily to assent to it, Avithout a previous change of their actual constitution. Although the speculation of such a council has been sometimes made and associated in the public papers with the contemplated congress, we can hardly anticipate that it will be seriously pressed by any of the powers. The congresses which have been so common in Europe, espe- cially within these later times, have been altogether diplomatic, and consequently the states whose ministers composed them were only bound by their signatures. With this necessary and indispensable restriction upon the action of the congress, great advantages may never- theless be derived from an assembly at the same time and place of ministers from all the American nations. Such an assembly will afford great facilities for free and friendly conferences for mutual and necessary explanations and for discussing and establishing some general principles appli- cable to peace and war, to commerce and navigation, with the sanction of all America. Treaties may be concluded in the course of a few months at such a congress, laying the foundation of lasting amity and good neighborhood, which it would require many years to consummate, if, in- deed, they would be at all practicable, by separate and suc- cessive negotiations conducted between the several powers at different times and places. Keeping constantly in view the essential character and object of the congress, which have been described, it is very important in what manner its conferences and discussions may be regulated. Experience has, perhaps, sufficiently established that, for precision, for safety to the negotiators themselves, and 117 tor an early practical result, it is wisest to proceed by pro- tocol, in which the mutual propositions of the parties, together with such concise observations as any of them desire to have, [in ■served, are carefully recorded. But you are left free to agree to that mode of proceeding, with the indispensable limitation before stated, which, under all circumstances, shall appear to you most advisable. Your ] lower conveys an authority to treat with all or any of the nations repr sented at the congress of any of the subjects comprised in your instructions. And on those, especially, of commerce and navigation, maritime law, and neutral and belligerent rights, it is the President's wish that if those interests can not be adjusted satisfactorily to all the attending powers, you should form, nevertheless, treaties with such as may be disposed to conclude them with you. But in the conduct of any such separate negotiations you will carefully avoid giving any occasion of offense to those powers who may decline treating; and, if you should have st n »ng reason to believe that the fact itself of opening such separate negotiations would have the tendency of creating unfriendly feelings and relations with other American powers, you will decline entering on them altogether. You are also authorized to agree upon a transfer of the conferences from Panama to any other place on the Amer- ican continent that may be considered more eligible for conducting them. In now proceeding to direct your attention particularly to the instructions of the President, by which, after hav- ing settled the preliminary point to which I have just ad- verted, you will govern yourselves, the first observation to In' made is, that, in acceding to the invitation which lias been accepted, no intention has been entertained to change the present pacific and neutral policy of the United States. On the contrary, it has been distinctly understood by the three Republics who gave the invitation, and has been en- forced on our part in all our communications with them in regard to it, that the United States would strictly adhere to that policy, and mean faithfully to perform all their neutral obligations. Whilst the existing war is limited to the present parties, it is as unnecessary as it would be unwise 118 in the United States to become a belligerent. A state of things can hardly be imagined in which they would vol- untarily take part on the side of Spain ; and on that of the republics it would be entirely useless, since they have been all along able, unaided, triumphantly to maintain their cause and to conquer the arms, if they have not overcome the obstinacy of Spain. By maintaining the neutral position which the United States have assumed, they have been enabled to hold strong language to Europe, and successfully to check any disposition which existed there to assist Spain in the reconcpiest of the colonies. If they had departed from their neutrality and precipi- tated themselves into the war, there was much reason to ap- prehend that their exertions might have been neutralized, if not overbalanced, by those of other powers who woiild have been drawn, by that rash example, into the war, in behalf of Spain. Keeping, therefore, constantly in view the settled pacific policy of the United States, and the duties which how from their neutrality, the subjects will now be particularized, which, it is anticipated, will en- gage the consideration of the congress at Panama. These subjects may be arranged under two general heads : (1) Such as relate the to future prosecution of the present war with Spain by the combined or separate oper- ation of the American belligerents. (2) Those in which all the nations of America, whether neutral or belligerent, may have an interest. In respect to the first, for the reasons already stated, we can take no part. Discussions of them must be confined to the parties to the war. You will refrain from engag- ing in them. You will not be expected or desired to do so. But, whilst it has been perfectly understood that the United States could not, at the congress, jeopard their neutrality, they may be urged to contract an' alliance, offensive and defensive, on the contingency of an attempt by the powers of Europe, commonly called the Holy Alli- ance, either to aid Spain to reduce the new American Re- publics to their ancient colonial state or to compel them to adopt political systems more conformable to the policy and views of that alliance. 119 Upon the supposition of such an attempt being actually made, there can be no doubt what it would be the interesl and bounden duty of the United States to d*>. Their late Chief Magistrate solemnly declared what, in that event, he considered they ought to do. The people of the United States acquiesced in the declaration, and their present Chief Magistrate entirely concurs in it. If, indeed, the powers of continental Europe could have allowed them- selves to engage in the war for either of the purposes just indicated, the United States, in opposing them witli their whole force, would have been hardly entitled t<> the merit of acting on the impulse of a generous sympathy with infant, oppressed, and struggling nations. The United States, in the contingencies which have been stated, would have been compelled to fight their own proper battles, not less so because the storm of war happened to range on another part of this continent at a distance from their bor- ders; for it cannot be doubted that the presumptuous spirit which would have impelled Europe upon the other Ameri- can Republics in aid of Spain, or on account of the forms of their political institutions, would not have been ap- peased if her arms in such an unrighteous contest should have been successful until they were extended here, and every vestige of human freedom had been obliterated within these States. There was a time when such designs were seriously ap- prehended, and it is believed that the declaration of the late President to the Congress of the United States, which has been already referred to, had a powerful effect in dis- concerting and arrested their progress. About the same period Great Britain manifested a determination to pur- sue the same policy in regard to the new Republics which the United States had previously marked out for them- selves. After these two great maritime powers, Great Britain and the United States had let continental Europe know that they would not see with indifference any forcible interposition in behalf of Old Spain, it was evident that no such interposition would or with any prospect of success could be afforded. Accordingly since that period there have been no intimations of any designs on the part of 120 the European alliance against the new American Repub- lics. If that alliance has seen with any dissatisfaction (as may be well imagined) the successful progress of those Republics, both in the war and in the establishment of their free political systems, they have confined themselves to silent and unavailing regrets. The auspicious course of events has not only occasioned the abandonment of any hostile intentions which wore entertained, if such were ever entertained, by the Euro- pean alliance, but there is strong reason to hope that it has led to the creation of pacific, if not friendly, views toward our sister Republics. Upon the entry of the Presi- dent of the United States on the duties of his present office his attention was anxiously directed to, and has been since unremittingly employed on, the object of establish- ing peace between Spain and those Republics. In consider- ing the means for its accomplishment no very sanguine hope was indulged from an approach to Spain directly, and it was thought best to endeavor to operate on her through that alliance on whose countenance and support she mainly relied for the recovery of the colonies. Russia was known to be the soul of that alliance, and to the Em- peror, of whose wisdom and friendship the United States had so many proofs, the appeal was at once made. A copy of the note from this Department to the American ministers at St. Petersburg on that subject accompanies these instructions. Copies of it were transmitted contem- poraneously to the courts of London and Paris, whose co-operation in the work of peace was also invited. Our minister at Madrid was instructed to lose no fit occasion there for creating or strengthening a disposition toward peace. The hope was cherished that by a general and con- certed movement of the United States and the great pow- ers of Europe at the same time the councils -of Spain might be prevailed upon to accede to a peace, which had become more necessary, if possible, to her than to the new Republics. An answer has been lately received here from St. Peters- burg through Mr. Middleton, a copy of which, together with copies of his accompanying notes, is placed in your 121 hands. From a perusal of these documents, the contents of which have been confirmed by the Russian minister in official interviews which I have had with him, you will perceive thai tin' appeal to Russia has nut been withoul effect, and that the late Emperor, sensible of the necessity of peace, prior to his death probably employed his good offices to bring it about. His successor has formally an- nounced his intention to tread in the path of his illustrious predecessor, and it is therefore most likely that he will also direct the influence of that Government to the conclu- sion of a peace satisfactory to both parties. It is possible that these efforts may not be effectual and that the pride and obstinacy of Spain may be unconquerable. There is, however, much reason to hope that she may either con en1 to a peace upon the basis of the independence of the colo- nies, or, if she feels that too humiliating, that she will agree to a suspension of hostilities, as was formerly done in the case of the Low Countries, which would in the end inevitably lead to a formal acknowledgment of the actual independence of the new Republics. Whatever may bo the future course of Spain, the favorable reception which the Emperor of Russia has given to the overture of the United States, to say nothing of the known inclination of France and other powers of the European continent to fol- low the example of the United States and Great Britain, fully authorizes the conclusion that the Holy Alliance will not engage in the war on the side of Spain, but will per- severe in their actual neutrality. The danger, therefore, from that quarter having disappeared, there can be no ne- cessity at this time for an offensive and defensive alliance between the American powers, which could only find a justification at any period in the existence or continuation of such a danger. Such an alliance, under present cir- cumstances, would be worse than useless, since it might tend to excite feelings in the Emperor of Russia and his allies which should not be needlessly touched or provoked. The Republic of Colombia has recently requested the friendly interposition of this Government to prevail upon Spain to agree to an armistice, upon the conditions men- tioned in Mr. Salazar's note, of which a copy, together 122 with a copy of mine in reply, acceding to the request, is now furnished. And instructions have been accordingly given to the ministers of the United States at Madrid and St. Petersburg. Other reasons concur to dissuade the United Staes from entering into such an alliance. From the first establish- ment of their present constitution, their illustrious states- men have inculcated the avoidance of foreign alliances as a leading maxim of their foreign policy. It is true, that in its adoption, their attention was directed to Europe, which having a system of connections and of interests re- mote and different from ours, it was thought most advisa- ble that we should not mix ourselves up with them. Audit is also true, that long since the origin of the maxim, the new American powers have arisen, to which, if at all, it is less applicable. Without, therefore, asserting that an exigency may not occur in which an alliance of the most intimate kind be- tween the United States and the other American Republics would be highly proper and expedient, it may be safely said that the occasion which would warrant a departure from that established maxim ought to be one of great urgency, and that none such is believed now to exist. Among the objections to such alliances, those which at all times have great weight are, first, the difficulty of a just and equal arrangement of the contributions of force and of other means between the respective parties to the attainment of the common object ; and, secondly, that of providing beforehand, and determining with perfect pre- cision, when the casus fcederis arises, and thereby guard- ing against all controversies about it. There is less ne- cessity for any such alliance at this conjuncture on the part of the United States, because no compact, by whatever solemnities it might be attended, or whatever name or character it might assume, could be more obligatory upon them than the irresistible motive of self-preservation, which would be instantly called into operation, and stim- ulate them to the utmost exertion in the supposed con- tingency of an European attack upon the liberties of America. 123 The considerations to which I have now adverted, together with such others as may present themselves to you, will, it is hoped, satisfy the representatives of the other Ameri- can States that an alliance, offensive and defensive, be- tween them and the United States for the object which has been stated is unnecessary if not mischievous. Should you, however, be unable to bring that conviction home to them, and should you have reason to believe that the posi- tive rejection of such an alliance would be regarded in an unfriendly light and have a pernicious effect on your other negotiations you will invite them to reduce their proposals of the terms uf such an alliance as they may conceive proper to a written precise form, and state that you will take them ad referendum. That will afford to the Gov- ernment here the opportunity of reconsideration, with the advantage of all the information that may be evolved in the intervening period. The alliance, if ever admissible, having been a question of time, the delay incident to the reference home by further demonstrating its expediency will better prepare the Congress at Panama for the final rejection, which it is most probable this Government will give to the project. In treating of those subjects in which all the nations of America, whether now at war or in peace, may be sup- posed to have a common interest, you will, on all suitable occasions, inculcate the propriety of terminating the ex- isting war as soon as may be, and of cherishing the means best adapted to the preservation of peace among them- selves, and with the rest of the world. The cultivation of peace is the trueinterest of all nations, but it is especially that of infant States. Repose is not more necessary to the growth and expansion of individuals in their youth, than it is to that of young nations, which have, in the midst of war, commenced the career of independence and self-gov- ernment. Peace is now the greatest want of America. Desirable, however, as it unquestionably is, there is noth- ing in the present or in the future, of which Ave can catch a glimpse, that should induce the American Republics, in order to obtain it, to sacrifice a particle of their independ- ent sovereignty. They ought, therefore, to reject all 124 propositions founded upon the principle of a concession of perpetual commercial privileges to any foreign power. The grant of such privileges is incompatible with their actual and absolute independence. It would partake of the spirit and, and bring back, in fact, if not in form, the state of ancient colonial connection. Nor would their honor and national pride allow them to entertain or delib- erate on propositions founded upon the notion of purchas- ing, with a pecuniary consideration, the Spanish acknowl- edgment of their independence. Next to the more pressing object of putting an end to the war between the new republics and Spain should be that of devising means to preserve peace in future among the American nations themselves, and with the rest of the world. No time could be more auspicious than the pres- ent for a successful inquiry by the American nations into the causes which have so often disturbed the repose of the world, and for an earnest endeavor, by wise precaution, in the establishment of just and enlightened principles for the government of their conduct, in peace and in war, to guard, as far as possible, against all misunderstandings. They have no old prejudices to combat, no long established practices to change, no entangled connections or theories to break through. Committed to no particular systems of commerce, nor to any selfish belligerent code of law, they are free to consult the experience of mankind, and to estab- lish without bias principles for themselves, adapted to their condition, and likely to promote their peace, secur- ity, and happiness. Remote from Europe, it is not prob- able that they will often be involved in the wars with which that quarter of the globe may be destined hereafter to be afflicted. In these wars, the policy of all America will be the same, that of peace and neutrality, which the United States have heretofore constantly labored to pre- serve. If the principles which that probable state of neutrality indicates as best for the interests of this hemisphere be, at the same time, just in themselves, and calculated to prevent wars, or to mitigate the rigor of those great scourges, they will present themselves to the general ac- i - - - ■ - - ■ ■ ; 126 erty, have both a safety and protection on the former, which they do not enjoy on the latter element. Scarcely any circumstance would now tend more to exalt the charac- ter of America than that of uniting its endeavors to bring up the arrears of civilization, as applied to the ocean, to the same forward point which it has attained on the land, and thus, rendering men and property secure against all human injustice and violence, leave them exposed only to the action of those storms and disasters, sufficiently peril- ous, which are comprehended in the dispensations of Provi- dence. It is under the influence of these and similar consider- ations that you will bring forward, at the contemplated Congress, the proposition to abolish war against private property and non-combatants upon the ocean. Private property of an enemy is protected when on land from seizure and confiscation. Those who do not bear arms there are not disturbed in their vocations. Why should not the same humane exemptions be extended to the sea ? If merchandise in a warehouse on shore remains un- molested amidst the ravages of modern war, can any good reason be assigned for allowing the same merchandise, when transferred to a ship which is peaceably navigating the ocean, to be an object of legitimate capture and con- demnation ? If artisans and husbandmen are permitted without hinderance to pursue their respective callings, why should not the not less useful mariners be allowed peaceably to distribute the productions of their industry, in exchanges for the common benefit of mankind ? This has been an object which the United States have had much at heart ever since they assumed their place among the nations. More than forty years ago Dr. Franklin, one of their most enlightened and successful ministers, thus expressed him- self : It is time, it is high time, for the sake of humanity, that a stop were put to this enormity. The United States of America, though better situated than any Eu- ropean nation to make profit by privateering, are, as far as in them lies, endeavoring to abolish the practice, by offering, in all their treaties with other powers, an article engaging solemnly, that, in case of future war, 127 no privateer shall be commissioned, on either side, and that unarmed merchant ships, on both sides, shall pursue their voyages unmolested. This will he a happy improvement of the law of nations. The humane and the just can n< >t but wish general success to the proposition. What the sagacious forecast of that illustrious man en- abled him to anticipate at that early day of our national existence, has been fully confirmed in our subsequent prog- ress. We are better situated than any other nation, and, in the event of war, we now have ample means to enable us to make profit by privateering, but, faithful to our principles, we now offer, in our maturer and stronger con- dition, the same stipulations which were offered by Frank- lin and other American negotiators, but which might then have been attributed to our infancy and weakness. If. by the common consent of nations, private property on the ocean was no longer liable to capture as lawful prize of war, the principle that free ships should make free goods would lose its importance by being merged in the more liberal and extensive rule. But, judging from the slow progress of civilization in its operation on the practices of war. and the tenacity with which power ever clings to advantages which it conceives itself to pos- sess, it would be too much to indulge any very sanguine hope of a speedy universal concurrence in a total exemp- tion of all private property from capture. Some nations may be prepared to admit the limited, who would withhold their assent from the more comprehensive principle. You will, therefore, also propose the adoption of the rule that free ships shall make free goods, and its converse, that inimical ships shall make inimical goods. The one seems necessarily to follow from the other, and in their practical application there is a simplicity and cer- tainty in both which strongly recommend them to general adoption. Both operate in favor of neutrality, and thus present a new dissuasive to nations from rashly engaging in war. It will occur, of course, to you, to insert a pro- vision restricting the operation of these principles to those nations which shall agree to observe them. You will propose a definition of blockade. The experi- ence of the United States and that of some of the new 128 American nations, short as lias been the term of their ex- istence, alike indicate the utility of a plain and intelligible description of the facts which constitute a legitimate block- ade. The want of such a definition has been the principle cause of many difficulties which have arisen between them and the United States. The belligerent interest is to extend, the neutral to contract, as much as pos- sible the range of a blockade. The belligerent interest is to insist upon the smallest possible, that of the neu- tral upon the largest practicable, amount of force to give validity to the blockade. In this conflict of oppo- site pretensions, as the belligerent has arms in his hands ready to support his, the neutral generally suffers. The best security against abuses on either side is a clear defi- nition, which, by presenting circumstances notorious in their nature and character, admits of no controversy among those who have a proper sense of justice and enter- tain a mutual regard for their respective rights. You will find in the treaty with Colombia and that with the Central Republic, recently concluded and ratified here (copies of both of which are herewith), a definition of blockade, which may be proposed and safely followed. In the same treaties are also contained articles supplying a list of contraband, and several other articles having ref- erence to a state of war, in which the contracting parties may be belligerent or neutral, as the case may be, all of which you are authorized to propose. In connection with this interesting subject you are fur- nished, among the accompanying documents, with a letter from my predecessor, under date the 28th July, 1823, ad- dressed to Mr. Rush, minister of the United States at London, with the draught of articles for a treaty which he was authorized to propose to Great Britain. They may facilitate your labors. The articles having been prepared with much consideration, may serve as models for any that may be agreed on at the congress upon corresponding topics. It is hardly necessary to add that this recent ex- periment with Great Britain, like all others which pre- ceded it, proved abortive. Among the most important objects which are likely to 129 engage the attention of the congress is that of endeavoring to fix some general principles of intercourse applicable to all the powers of America for the mutual regulation of their commerce and navigation. The United States from the origin of the present war have, on all proper occasions, uniformly proclaimed that they entertained no desire to procure for themselves from any of the new powers pecu- liar commercial advantages. They continue to adhere to this disinterested doctrine. You will state in your conference that as they have not sought in treating with the American States separately, neither will they seek in joint negotiations with them for any privileges which are not equally extended to every one of them. Indeed, they are prepared themselves to extend to the powers of Europe the same libei-al principles of commercial intercourse and navigation on which the United States are ready to treat. The President hopes that you will meet with corresponding dispositions in the other American States; and that you will have no diffi- culty in obtaining their ready concurrence to the equitable bases of perfect equality and reciprocity which you are hereby empowered at once to propose for the commerce and navigation between all the American nations. The whole of what is very material to their commerce and navigation may be comprised under two general principles, both of which are founded on those bases. The first is, that no American nation shall grant any favors, in com- merce or navigation, to any foreign power whatever, either upon this or any other continent, which shall not extend to every other American nation. And, secondly, that whatever may be imported from any foreign country into any one American nation or exported from it in its own vessels may, in like manner, be imported into or exported from the same nation, the vessel, whether national or foreign, and the cargo paying in both instances exactly the same duties and charges and no more. The first of those two principles is so strongly recom- mended to all nations by considerations of policy as well as of justice, that it will command, at least in the abstract, the assent of most as soon as it is announced. Nations 9 PA 130 are equal, common members of a universal family. Why should there be any inequality between them in their com- mercial intercourse ? Why should one grant favors to another which it withholds from a third ? All such par- tial favors are liable to excite jealousies, and in the end are counterbalanced or punished by the injured powers. The principle now proposed does not preclude those par- ticular arrangements which are founded upon real and just equivalents, independent of mere commercial reciprocity, by which certain advantages are granted to a particular power ; but it is wiser even to avoid these as much as pos- sible. If the principle be correct in its universal applica- tion it must be allowed to be particularly adapted to the condition and circumstances of the American powers. The United States have had no difficulty in treating, on that principle, with the Republics of Colombia and Central America, and it is accordingly inserted in the treaties which have been made with both those powers. Other of the American nations are believed to have a disposition to adopt it. The United Mexican States alone have opposed it, and in their negotiations with us have brought forward the inadmissible exception from its operation of those American States which have a Spanish origin, in whose behalf Mexico insists upon being allowed to grant commer- cial favors which she may refuse to the United States. Of the view which we entertain of such an exception you will be able to possess yourselves by perusing a dis- patch from this office to Mr. Poinsett, under date the 9th day of November, 1825, a copy of which is herewith. He has been instructed to break off the negotiations if con- trary to expectation the Mexican Government should per- sist in the exception. What renders it more extraordinary is, that while they pretend that there has been something like such an understanding between the new Republics, no such exception was insisted upon by either Colombia or the Central Republic. It was not even mentioned during the late negotiation here which terminated in the treaty with the latter power. Whether it was adverted to or not in that which was conducted by Mr. Anderson with Col- ombia he will recollect, We can consent to no such ex- 131 ception. You will resist it in every form if it be brought forward,and you will subscribe to no treaty which shall admit it. We are not yet informed whether Mexico has abandoned the exception and concluded with Mr. Poinsett a commercial treaty, or has persevered in it and broken off the negotiations. The basis of the must favored nation leaves the party who treats on it free to prohibit what foreign produce and manufactures be pleases and to im- pose on such as may he admitted into his ports any duties which his policy or his interest maj require. Theprinci- ple only enjoins impartiality as to the foreign powers to whom it is applied, and consequently that his prohibitions and his duties, whatever they may he, shall equally ex- tend to the produce and manufactures of all of them. If a nation has already conl racted engagements wit h and ber power by which it has granted commercial favors incon- venient or injurious to itself, it may lie contrary to if sin- terest to extend these same favors to other nations. I'm tin 1 United States has made no such improvident conces- sions In any pari Lcular foreign power, nor have any of t he other of the American States as far as we know. Thetime and the theater, therefore, are propitious for the adoption of a broad and liberal commercial principle, which, by dis- pensing equal favor to all, deprives every one of any jusl cause of complaint. To the other leading principle which has been stated, t hat of allowing the importation Into, or the exportation from, the ports of any American nation in the vessels of every other, of all produce and manufactures, the intro- duction or exportation of which is admitted by law, both t he mil tve and the foreign vessel and t he cargo paying t he same duties and charges, and no other, the President at t aches the greatest importance. Yon will press it. in your conferences with an earnestness and zeal proportionate to its high value, and to the liberality in which it is con- ceived. Its reciprocity is perfect, and when it comes to he adopted by all nations, we can scarcely see anything beyond if in the way of improvement to the freedom and interest of their mutual navigation. The devices of mari- time nations have been various to augment their marine 132 at the expense of others powers. When there has been a passive acquiescence in the operation of those devices, without any resort to countervailing regulation, their suc- cess has sometimes been very great. But nations are now too enlightened to submit quietly to the selfish efforts of any one power to engross, by its own separate legislation, a disproportionate share of navigation in their mutual in- tercourse. Those efforts are now met by opposite efforts ; restriction begets restriction until the discovery is at last made, after a long train of vexatious and irritating acts and maneuvers on both sides, that the course of selfish legislation ultimately does not effect the distribution of maritime power, whilst it is attended with the certain evil of putting nations into an ill humor with each other. Experience at last teaches that, in every view, it is bet- ter to begin and to continue in the career of liberality than in that of a narrow and restricted policy, since the most that can be said against the former is that it only conducts to the same end without, however, the unpleas- ant incidents to which the other finally and inevitably leads. There is a- simplicity in the principle of recipro- cal liberty of navigation which confers on it a strong recommendation. It renders unnecessary all difficult and vexatious scrutiny into the origin of the contents of a mixed cargo. It dispenses with all penalties and forfeit- ures, denounced for what is often both an ignorant and innocent violation of custom-house law in the introduc- tion, perhaps, of a single interdicted article of small value, which is made, by arbitrary regulation, to taint the whole cargo of immense value. It sets up a rule at once plain and intelligible. It refers the foreigner, for what he may lawfully do, to an observation of that which the native actually does. It opens every American port to every American vessel on the same equal terms, no matter in what distant sea her enterprise may have sought and earned the riches with which she is laden. This principle of reciprocal freedom of navigation, like that of the most favored nation, leaves every State which adopts it at liberty to impose such tonnage duties as its necessities or policy may dictate. It only holds out that 133 whatever may be imposed shall extend alike to the national and the foreign vessel, and also that the cargo, whether of importation or exportation, shall be charged with the same duties, whoever may be the proprietor, or in what- ever vessel it may be laden. Perhaps it may be proposed to agree to the imposition of precisely the same rate of duties, on vessel and cargo, in all the ports of the Ameri- can nations. But that would be inadmissible. It would subject each State to inconvenient restrictions on its power <>1 taxation, instead of leaving it free, as is best for each, to consult the circumstances of its own peculiar position, its habits, its constitution of government, and the most fitting sources of revenue for itself. As to the foreigner, he has no pretext to complaint when the same measure is applied to him and the native. It may, perhaps, be objected that the marine of the other American nations is yet in its infancy; that ours has made great advances; and that they can not be prepared for this reciprocal liberty of navigation until they have made some further progress in establishing theirs. The difference in the condition of the marine of the respective countries, assumed in the supposed argument, certainly exists. But how is it to be remedied ? By a system which shall aim at engrossment, and which will therefore pro- voke retaliation ? Or, one which, dealing liberally by others, will lead them to measure out liberality in return ? These alternatives have been already discussed, and it has been shown that the first system is never successful, except from the forbearance of foreign powers to counter- vail it. which is not now to be expected in the present watchful state of the maritime world. If we are to wait for the commencement of the equal and liberal system until all nations shall have brought up their respective marines even and abreast, it may be considered as indefi- nitely, if not forever, postponed. If the new States would build up for themselves powerfril marines they must seek for their elements not in a narrow and contracted legislation neutralized by the counteracting legislation of other na- tii ms, but in the abundance and excellence of their materials for ship building, in the skill of their artisans, and the 134 cheapness of their manufactures ; in the number of their sea- men, and their hardy and enterprising character, formed by exposure in every branch of a seafaring life by ad- ventures on every ocean, and invigorated by a liberal, cheerful, and fearless competition with foreign powers. Both of the principles which I have been discussing are provided for, though somewhat more in detail in the sec- ond, third, fourth, and fifth articles of the beforemen- tioned treaty with the Federation of the Center of America. They may serve as models for those which you are now authorized to propose, and you will consider yourselves empowered to agree to articles similar with all the others of that treaty, a copy of which accompanies this letter. It is possible you may not find the ministers of the other American States prepared to agree to the second principle ; that they may be unwilling to subscribe to it in the extent now proposed ; they may not be ready to al- low, at the same rate of duties, a reciprocal liberty of ex- portation and importation, without restriction as to the place of origin of the cargo, the ownership, or destina- tion of the vessel. You will not abandon the effort t< i establish that principle, in its widest scope, until you have exhausted every means of argument and persuasion, and become perfectly satisfied that its adoption is wholly im- practicable. If you find their opposition to it unyielding, you will then propose a modification to the principle, so as to make it, at least, comprehend the productions and manufactures of all the American nations, including the West India Islands. When so limited, it will still have the great practical benefit ; all vessels of the several Amer- ican powers will enjoy under it a reciprocal liberty of ex- portation and importation of whatever of American pro- ductions and manufactures, comprehending the produce of the sea, is allowed by the separate laws of each, at the same standard of duties for the vessel and her cargo. If the reasoning be correct, in support of the principle in its greatest latitude, it will, of course, sustain it in this more restricted operation ; to which may be added, as a strong consideration in favor of its embracing, at least, the Ameri- can States, that there is great similarity in the produce of various parts of them, and consequently, a great diffi- culty in tracing articles having a common character and striking resemblance to the countries of their respective origin, and subjecting them to different rates of duty, as they happen to be imported in different vessels, or blended together in the same vessel. If you find the principle still objected to with that mod- ification, you will lastly propose it with the still greater restriction of only furnishing the rule which shall be ob- served between any two of the American nations who may agree to it, in regard to their mutual navigation, when em- ployed in transporting their respective produce and manu- factures. Under this form it is proposed by the United States, on the 3d March, 1815 (see fourth volume of the Laws, page 824), to all nations. On the 3d of July, of 1 he same year, it was engrafted on the convention with Great Britain (see sixth volume of the Laws, page 603). Subse- quently, it was applied to the Netherlands, the Imperial Hanseatic cities of Hamburg, Lubeck, Bremen, the Duke- dom of Oldenburg, Norway, Sardinia, and Russia (see acts of first session, Eighteenth Congress, page 4). It was also embraced in our treaty with Sweden, of 1816 (see sixth volume of the Laws, page 642), and has recently been agreed to by Colombia. In the event of a concurrence in the principle, in (his more limited import, the first, second, and third articles .of the before-mentioned convention with Great Britain will furnish models which may be followed in the draught of those to which you are authorized to agree. These three articles embrace other subjects he- side that principle, but they are such as to have either a direct connection with it, or are necessary to give full and complete effect to it. In describing the territories of the new American States with which we are to maintain here- after a commercial intercourse, you will see the propriety of employing, in any treaty which you may conclude, such terms as may embrace whatever territories, insular or con- tinental, may appertain to each upon the termination of the present war. During its future progress possession may be won or lost, which, as the case may be, should be comprehended or excluded by those terms. 136 In December, 1823, the then President of the United States, in his annual message, upon the opening of con- gress, announced, as the principle applicable to this con- tinent, what ought hereafter to be insisted upon, that no European nation ought to be allowed to plant upon it new colonies. It was not proposed, by that principle, to dis- turb pre-existing European colonies already established in America; the principle looked forward, not backward. Several of the new American States have given intimation of their concurrence in the principle ; and it is believed that it must command the assent of the impartial world. Whilst America was, comparatively, a boundless waste, and an almost unpeopled desert, claimed and probably first settled by civilized men by the European powers who discovered it, if they could agree among themselves as to the limits of their respective territories, there was no American State to oppose, or whose rights could be affected by, the establishment of new colonies. But now the case is entirely altered ; from the northeastern limits of the United States, in North America, to Cape Horn ; in South America, on the Atlantic Ocean, with one or two incon- siderable exceptions ; and from the same cape to the fifty- first degree of north latitude, in North America, on the Pacific Ocean, without any exception, the whole coasts and countries belong to sovereign resident American powers. There is, therefore, no chasm within the described limits in which a new European colony could be now introduced without violating territorial rights of some American State. An attempt to establish such a colony, and by its establishment to acquire sovereign rights for any European power, must be regarded as an inadmissible encroachment, If any portion of the people of Europe, driven by op- pression from their native country, or actuated by a de- sire of improving the condition of themselves or their posterity, wish to migrate to America, it will no doubt be the policy of all the new States, as it ever has been ours, to afford them an asylum, and, by naturalization, to ex- tend to such of them as are worthy the same political privileges which are enjoyed by the native citizens. But this faculty of emigration can not be allowed to draw 137 after it the right of the European State, of which such emigrants shall have been natives, to acquire sovereign powers in America. The rule is good by which one, in judging of another's conduct or pretensions, is advised to reverse positions. What would Europe think of an American attempt to plant there an American colony? If its pride would be provoked and its powers exerted to re- press and punish such a presumptuous act, it is high time that it should be recollected and felt that Americans, themselves descended from Europeans, have also their sensibilities and their rights. To prevent any such new European colonies, and to warn Europe beforehand that they are not hereafter to be admitted, the President wishes you to propose a joint declaration of the several American States, each, how- ever, acting for and binding only itself, that within the limits of their respective territories no new European colony will hereafter be allowed to be established. It is not intended to commit the parties who may concur in that declaration to the support of the particular bounda- ries which may be claimed by any one of them; nor is it proposed to commit them to a joint resistance against any future attempt to plant a new European colony. It is be- lieved that the moral effect alone of a joint declaration, emanating from the authority of all the American nations, will effectually serve to prevent the effort to establish any such new colony; but if it should not, and the attempt should actually be made, it will then be time enough for the American powers to consider the propriety of negoti- ating between themselves, and, if necessary, of adopting in concert the measures which may be necessary to check and prevent it, The respect which is due to themselves, as well as to Europe, requires that they should rest in confi- dence that a declaration thus solemnly put forth will com- mand universal deference. It will not be necessary to give to the declaration now proposed the form of a treaty. It may be signed by the several ministers of the congress, and promulgated to the world as evidence of the sense of all the American powers. Among the subjects which must engage the consideration 138 of the congress, scarcely any has an interest so powerful and commanding as that which belongs to Cuba and Porto Rico, the former especially. Cuba, from its position, the present amount and character of its population, that which it is capable of sustaining, its vast though almost latent resources, is at present the great object of attraction both to Europe and America. No power, not even Spain itself, lias in such a variety of forms so deep an interest in its future fortunes, whatever they may happen to be, as the United States. Our policy in regard to it is fully and frankly disclosed in the before-mentioned note to Mr. Mid- dleton. It is there stated that for ourselves we desire no change in the possession or political condition of that island, and that we could not, with indifference, see it trans- ferred from Spain to any other European power. We are unwilling to see its transfer or annexation to either of the new American States. If the present war should much longer continue there are three conditions, into some one of which that island may fall during its further progress, and all of them deserve the most particular and serious consideration. The first is its independence, resting at the close of the war upon its own unassisted resources to main- tain that independence; secondly, its independence, with the guaranty of other powers, either of Europe or of America, or of both; and thirdly, its conquest and attachment to the dominions of the Republic of Colombia or Mexico. We will now examine each of those predicaments of the island in the order in which they have been stated. (1) If Cuba had the ability within itself of maintaining an independent self-government against all assaults from without or within, we should prefer to see it in that state, because we desire the happiness of others as well as our- selves, and we believe that is, in the general, most likely to be secured by a local government springing directly from, and identified in feeling, interest, and sympathy with, the people to be governed. But a mere glance at the limited extent, moral condition, and discordant character of its population, must convince all of its incompetency, at present, to sustain self-government unaided by other powers. And if, at this premature period, an attempt at i;s!> independence should be so far attended with success as to break the connection with Spain, one portion of the in- habitants of the is ami, as well as their neighbors in the United States and in some other directions, would live in continual dread of those tragic scenes which were for- merly exhibited in a neighboring island, the population of which would be tempted, by the very fact of thai inde- pendence, to employ all the means which vicinity, simi- larity of Origin, and sympathy could supply to foment and stimulate insurrection, in order to gain ultimate strength to their own cause. (2) A guarantied independence of Cuba, although it might relieve the island from the dangers which have Keen just, noticed, would substitute others not less formidable, and which, it is believed, are almost insuperable. Who shall be the guarantying powers? Shall they be exclu- sively American or mixed, partly American and partly European ? What shall be the amount of their respective contributions to the protecting force, military and naval, and to the other means necessary to uphold the local gov- ernment? Who shall have the command of that force? Will not the guarantying powers not in command enter- tain continual apprehensions and jealousies of the com- manding [towers? The candid must own that these are perplexing questions ; and that upon the whole, although all thought of that modification of independence should not, perhaps, he dismissed as absolutely inadmissible under any possible circumstances, it must be agreed to he one to which, if assent is ultimately yielded, it must he reluctantly, from a train of unforeseen and uncontrollable events. (3) With respect to the conquest and annexation of the island to Colombia or Mexico, it should he remarked that, if that be attempted, the whole character of the present war will he entirely changed. Hitherto,- on the part of the Republics, the contest has been for independence and self-government, and they have had, on their side, the good wishes and the friendly sympathies of a large portion of the world, and those especially of the people of the United States. But in the event of a military enterprise directed 140 against Cuba it will become a war of conquest. In such a war, whatever may be the result of that enterprise, the interests of other powers, now neutral, may be seriously affected, and they may be called upon to perform impor- tant duties which they may not be at liberty to neglect. The issue of such a war may have great influence upon the balance and stability of power in the West Indies. Nations of Europe may feel themselves required to inter- pose forcibly to arrest a course of events to which they can not be indifferent. If they should limit their interpo- sition merely to the object of preventing any change in the existing state of things in respect to the islands, the United States, far from being under any pledge at pres- ent to oppose them might find themselves, contrary to their inclination, reluctantly drawn by a current of events to their side. In considering such an enterprise as has been supposed, if it be undertaken, there ought to be an anxious and de- liberate examination, first, into the means of Colombia and Mexico to accomplish the object; and, secondly, their power to preserve and defend the acquisition if made. We have not the data necessary to form a certain judg- ment on the first point. We ought to possess, to enable us to form such a judgment, a knowledge, first, of the force, military and naval, which the Republics can apply to the operation ; secondly, that which Spain can exert in resist- ance ; and, thirdly, what portion of the inhabitants of the island would take part on the one and on the other side of the belligerents. Although we have not this information in ample detail, we know that Spain is in actual possession, with a very considerable military force ; that this force, recently much strengthened, occupies the Moro Castle, deemed almost impregnable, and other strongholds in the island ; that, driven as she has been from the continent of America, all her means and all her efforts will now be con- centrated on this most valuable of her remaining Ameri- can possessions ; that to this end she will apply her atten- tion, which has been hitherto too much distracted by the multitude of her belligerent exertions in North and South America, exclusively to this most important point ; that 141 to its succor she will gather up from her vast wreck the residue of her once powerful army iu Europe and America; and that there is reason to believe that if she should not be openly assisted by any of the European powers she may receive from them covert but irresponsi- ble aid. With all these resources and favorable circumstances combined it must be admitted that the conquest of Cuba is very difficult, if not impracticable, without extensive and powerful means, both naval and military. But, secondly, do either Colombia or Mexico possess such means ? We doubt it. They have both to create a marine. A single ship of the line, two frigates, and three or four vessels of a smaller grade, badly manned, compose the whole naval force of the United Mexican States. That of Colombia is not much greater nor better manned. But the means of transporting and defending during its voyages the mili- tary force necessary to achieve the conquest are absolutely indispensable. Nay, more, it would be in the last degree rash and imprudent to throw an army into Cuba unless the two Republics possessed and could retain a naval su- periority, at least in the Gulf of Mexico, to provide for those contingencies which ought always to be anticipated in the vicissitudes of war. And, in the third place, it is well known that the inhabitants of Cuba are far from being united in favor of invasion, entertain great appre- hensions as to their future safety in such an event, and that they especially dread an invasion from Colombia on account of the character of a portion of the troops of thai Republic. But, if all the difficulties were surmounted, and the con- quest of the island was once effected, we should not be without continual fears of the instability of its future con- dition. The same want of naval power which would be felt in reducing it would be subsequently experienced in defending and preserving it. Neither Colombia nor Mexico is destined to be a first-rate naval power. They both (Mexico still more than Colombia) want an extent of sea-coast, bays, inlets, harbors — the nurseries of seamen — in short, all the essential elements of a powerful marine. 142 England, France, the Netherlands, Spain herself, when she shall, as at some no very distant day she must, recover from her present debility will, for a long time to come, if not forever, as naval powers outrank either Mexico or Colombia. A war with any one of those European nations would place Cuba in the hands of either of those two Re- publics at the most imminent hazard. It is impossible for the Government of the United States to close their eyes to the fact that, in the event of a military enterprise being prosecuted by the Republics against Cuba, the ships, the seamen, the cannon, and the other naval means necessary to conduct it will have been principally obtained in the United States. Although far from giving any counte- nance to the procurement of those supplies determined to maintain a faithful neutrality they have directed a strict enforcement of their laws; the fact, nevertheless, of their being collected witbin their ports subjects them to unfriendly and injurious suspicions. And they would see with much repugnance resources drawn from themselves applied to the accomplishment of an object to which their policy and their interests are opposed. The President hopes that these considerations, enforced by such others as may present themselves to you, if they should not be deemed of sufficient weight to prevent alto- gether any invasion of Cuba, will at least dissuade from any rash or premature enterprise with inadeqiiate or doubt- ful means. And it is required, by the frank and friendly relations which we most anxiously desire ever to cherish with the new Republics, that you should, without reserve, explicitly state that the United States have too much at stake in the fortunes of Cuba to allow them to see with indifference a war of invasion prosecuted in a desolating manner, or to see employed in the purposes of such a war one race of the inhabitants combating against another, upon principles and with motives that must inevitably lead, if not to the extermination of one party or the other, to the most shocking excesses. The humanity of the United States in respect to the weaker, and which in such a terrible struggle would probably be the suffering por- tion, and their duty to defend themselves against the con- 143 tagion of such near and dangerous examples, would con- strain them, even at the hazard of losing the friendship, greatly as they value it, of Mexico and Colombia, to em- ploy all the means necessary to their security. If you should be unable to prevail on those Republics to renounce all the designs of invasion and conquest of Cuba and Porto Rico you will then exert your endeavors to in- duce them to suspend the execution of them until the result is known of the interposition which we are authorized to believe the late Emperor of Russia, and his allies, at the instance of the United States, have made to put an end to the war, and that which is herein stated to have been recently made at the instance of the Republic of Colom- bia. Such a suspension is due to Russia. It would lie a deference to that great power which the reigning Em- peror would not fail to appreciate and the value of which the new Republics might hereafter experience if, in this instance, the counsels which we have reason to believe have been given to Spain should not be followed. But there is much reason to hope that Spain will pause before she rejects them, and will see her true interest, as all the world sees it, on the side of peace; and the late events, the fall of the castles of St. Juan d'Ulloa and of Callao, especially, must have a powerful effect in urging her to terminate the war. A cut or canal for purposes of navigation somewhere through the isthmus that connects the two Americas, to unite the Pacific and Atlantic Oceans, will form a proper subject of consideration at the congress. That vast object, if it should be ever accomplished, will be interesting, in a greater or less degree, to all parts of the world. But to this continent will probably accrue the largest amount of benefit from its execution ; and to Colombia, Mexico, the Central Republic, Peru, and the United States, more than to any other of the American nations. What is to redi mini to the advantage of all America should be effected by common means and united exertions, and should not be left to the separate and unassisted efforts of any one power. In the present limited state of our information as to the practicability and the probable expense of the object, it 144 would not be wise to do more than to make some prelimi- nary arrangements. The best routes will be most likely found in the territory of Mexico or that of the Central Republic. The latter Republic made to this Government, on the 8th day of February of last year, in a note to which Mr. Canaz, its minister here, addressed to this Department (a copy of which is now furnished), a liberal offer, mani- festing high and honorable confidence in the United States. The answer which the President instructed me to give (of which a copy is also now placed in your hands) could go no farther than to make suitable acknowledg- ments for the friendly overture and to assure the Central Republic that measures would be adopted to place the United States in the possession of the information necessary to enlighten their judgment. If the work should ever be executed so as to admit of the passage of sea vessels from ocean to ocean, the benefits of it ought not to be exclu- sively appropriated to any one nation, but should be ex- tended to all parts of the globe upon the payment of a just compensation or reasonable tolls. What is most de- sirable at present is to possess the data necess ary to form a correct judgment of the practicability and the probable expense of the undertaking on the routes which offer the greatest facilities. Measures may have been already executed or be in prog- ress to acquire the requisite knowledge. You will in- quire particularly as to what has been done or may have been designed by Spain or by either of the new States, and obtain all other information that may be within your reach, to solve this interesting problem. You will state to the ministers of the other American powers that the Government of the United States takes a lively interest in the execution of the work, and will see, with peculiar sat- isfaction, that it lies within the compass of reasonable human efforts. Their proximity and local information render them more competent than the United States are at this time to estimate the difficulties to be overcome. You will receive and transmit to this Government any proposals that may be made or plans that maybe sug- gested for its joint execution, with assurances that they 145 will be attentively examined, with an earnest desire to reconcile the interests and views of all the American nations. It will probably be proposed as a fit subject of consider- ation for the powers represented at Panama, whether Hayti ought to be recognized by them as an independent State, and whether any decision taken in that respect should be joint or each power be left to pursue the dictates of its own policy. The President is not prepared now to say that Hayti ought to be recognized as an independent sovereign power. Considering the nature and the manner of the establish- ment of the governing power in that island and the little respect which is there shown t ) other races than the African, the question of acknowledging its independence was far from being unattended with difficulty prior to the late arrangement which, it is understood, has been made between France and Hayti. According to that arrange- ment, if we possess correct information of its terms, the parent country acknowledges a nominal independence in the colony, and, as a part of the price of this acknowledg- ment, Hayti agrees to receive forever the produce of France at a rate of duty one-half below that which is exacted in the ports of Hayti from all other nations. This is a re- striction upon its freedom of action to which no sovereign power, really independent, would ever subscribe. There is no equivalent, on the side of France, in the favorable terms on which the produce of Hayti is received in the ports of France. If the colonial relation may be cor- rectly described to be the monopoly of the commerce of the colony, enjoyed by the parent State, it can not be affirmed that Hayti has not voluntarily, by that arrange- ment, consented to its revival. There was no necessity urging her to agree to it, however she may have been called upon, by just and equitable considerations, to in- demnify the former individual proprietors for the loss of their property in St. Domingo. Prior to the conclusion of that arrangement Hayti enjoyed, no matter how estab- lished, a sort of independence in fact. By that arrange- ment she has voluntarily, and in a most essential particu- 10 PA 146 lar, in respect to all foreign nations, changed her character, and has become, to say the least, not an independent State. Under the actual circumstances of Hayti, the President does not think that it would be proper, at this time, to recognize it as a new State. The acknowledgment, or de- clining to acknowledge, the independence of Hayti is not a measure of sufficient magnitude to require that, in either of the alternatives, it should be the result of a concert be- tween all the American powers. You will avail yourselves of all suitable occasions _to press upon the ministers of the other American States the propriety of a free toleration of religion within their re- spective limits. The framers of our constitution of gov- ernment have not only refrained from incorporating with the State any peculiar form of religious worship, but they have introduced an express prohibition upon the power of our Congress to make any law respecting an establishment of religion. With us none are denied the right which belongs to all— to worship God according to the dictates of their own consciences. In our villages and cities at the same hour, often in the same square, and by the same kind of summons, congregations of the pious and devout of every religious denomination ' are gathered together in their respective temples, and after performing according to their own solemn convictions their religious duties quietly return and mix together in the cheerful fulfillment of their domestic and social obligations. Not unfrequently the heads of the same family, apper- taining to different sects, resort to two different churches to offer up in their own chosen way their orisons, each bringing back to the common household stock the moral instruction which both have derived from their respective pastors. In the United States we experience no incon- venience from the absence of any religious establishment and the universal toleration which happily prevails. We believe that none would be felt by other nations who should allow equal religious freedom. It would be deemed rash to assert that civil liberty and an established church can not exist together in the same State; but it may be safely affirmed that history affords no example of their 147 union where the religion of the State has not only been established, but exclusive. If any of the American powers think proper to intro- duce into their systems an established religion, although we should regret such a determination, we should have no right to make a formal complaint unless it should be ex- clusive. As the citizens of any of the American nations have a right when here, without hindrance, to worship the Deity according to the dictates of their own con- sciences, our citizens ought to be allowed the same privi- leges when, prompted by business or inclination, they visit any of the American States. You are accordingly author- ized to propose a joint declaration, to be subscribed by the ministers of all or any of the powers represented, that within their several limits there shall be free toleration of religious worship. And you will also, in any treaty or treaties that you may conclude, endeavor to have inserted an article stipulating the liberty of religious worship in the territories of the respective parties. When this great interest is placed on the basis of siich a solemn declara- tion and such binding treaty stipulations it will have all reasonable and practical security. And this new guaranty will serve to give strength to the favorable dispositions of enlightened men in the various American States against the influence of bigotry and superstition. The declara- tion on this subject in which you are authorized to unite, as well as that directed against European colonization within the territorial limits of any of the American na- tions hereinbef < >re mentioned, does no more than announce, in respect to the United States, the existing state of their institutions and laws. Neither contracts any new obliga- tion on their part nor makes any alteration as to them in the- present condition of things. The President being the organ through which this Government communicates with foreign powers, and being charged with the duty of tak- ing care that the laws be faithfully executed, is competent to authorize both declarations. Questions of boundary and other matters of contro- versy among the new American powers will probably present themselves, and of which an amicable adjustment 148 may be attempted at the congress. Your impartial and disinterested position in relation to any such disputes may occasion you to be called upon for your advice and umpirage. You will, whenever your assistance may be required to settle those controversies, manifest a willing- ness to give your best counsel and advice ; and, if it should be desired, you will also serve as arbitrator. A dispute is understood to have existed, and to remain yet unsettled, between the United Mexican States and the Central Repub- lic, in relation to the province of Chiapa. The President wishes you to give it a particular investigation, and, if justice shall be found on the side of the Republic of the Center, you will lend to its cause all the countenance and support which you can give, without actually committing the United States. This act of friendship on our part is due as well on account of the high degree of respect "and confidence which that Republic has, on several occasions, displayed toward the United States as from its compara- tive weakness. Finally, I have it in charge to direct your attention to the subject of the forms of government and to the cause of free institutions on this continent. The United States never have been, and are not now, animated by any spirit of propagandise. They prefer to all other forms of gov- ernment, and are perfectly contented with, their own con- federacy. Allowing no foreign interference either in the formation or in the conduct of their government, they are equally scrupulous in refraining from all interference in the original structure or subsequent interior movement of the governments of other independent nations. Indiffer- ent they are not, because they can not be indifferent to the happiness of any nation. But the interest which they are accustomed to cherish in the wisdom or the folly which may mark the course of other powers in the adoption and execution of their political systems is rather a feeling of sympathy than a principle of action. In the present in- stance'they would conform to their general habit of cau- tiously avoiding to touch on a subject so delicate ; but that there is reason to believe that one European power, if not more, has been active both in Colombia and Mexico, if not 149 elsewhere, with a view to subvert, if possible, the existing forms of free government there established, to substitute the monarchical in place of them, and t< i plant i >n the newly- erected thrones European princes. In both instances it is due to our sister Republics and otherwise proper to add that the design met with a mer- ited and prompt repulse ; but the spirit which dictated it never slumbers, and it may be renewed. The plausible motive held out, and which may be repeated, is that of a recognition of the independence of the new States, with assurance that the adoption of monarchical institutions will conciliate the great powers of Europe. The new Re- publics being sovereign and independent States, and exhib- iting this capacity for self-government at home, being in fact acknowledged by the United States and Great Britain, and having entered into treaties and other national c< im- pacts with foreign powers, have a clear right to be recog- nized. From consideration of policy the act of recogni- tion has been delayed by some of the European States, but it can not much longer be postponed, and they will shortly find themselves required to make the concession from a regard to their own interest, if they would not from a sense of justice. But their recognition is not worth buy- ing, and nothing would be more dishonorable than that the Republic should purchase, by mean compliances, the formal acknowledgment of that independence which has been actually won by so much valor and by so many sac- rifices. Having stood out against all apprehensions of an attempt of the combined powers of Europe to subdue them, it would be base and pusillanimous now, when they are in the undisturbed enjoyment of the greatest of human blessings, to yield to the secret practices or open menaces of any European power. It is not anticipated that you will have any difficulty in dissuading them from entertaining or deliberating on such propositions. You will, however, take advantage of every fit opportunity to strengthen their political faith and to in- culcate the solemn duty of every nation to reject all foreign dictation in its domestic concerns. You will also, at all proper times, manifest are adiness to satisfy inquirers as to 150 the theory and practical operations of onr Federal and State constitutions of government, and to illustrate and explain the manifold blessings which the people of the United States have enjoyed and are continuing to enjoy under them. The war which has recently broken out between the Re- public of La Plata and the Emperor of Brazil is a cause of most sincere regret. To that war the United States will be strictly neutral. The parties to it should feel them- selves urged no less by all the interests which belong to the recent establishment of their independence than by principles of humanity to bring it to a speedy close. One of the first measures which has been adopted for its pros- ecution by the Emperor of the Brazils is to declare the whole coast of his enemy, including entirely one and a part of the other shore of the La Plata, and extending as far as Cape Horn, in a state of blockade. That he has not the requi- site naval force to render valid and to mantain, according to the principles of the public law, such a sweeping block- ade is quite evident. Persistence in it must injuriously affect the interest of neutrals in the pursuit of their rightful commerce, if it should involve no other conse- quences to them. You will avail yourselves of every proper opportunity to represent to the parties how desirable it is to put an end to the war, and with what satisfaction the United States would see the blessings of peace restored. And it will oc- cur to you, whilst remonstrating against any belligerent practices which are not strictly warranted, to draw from the fact of the Brazilian blockade fresh support to the great maritime principles to which you have been in- structed to endeavor to obtain the sanction of the American nations. I have the honor to be, gentlemen, your most obedient servant, H. Clay. Richard C. Anderson and John Sergeant, Esqrs., Appointed Envoys Extraordinary and Ministers Plenipotentiary of the United States to the Congress at Panama. 151 Supplt in' rdary Instructions. Department of State, Washington, March. 16, 1827. Gentlemen : By the appointment of Mr. Poinsett, made by ami with the advice ami consentof tin' Senate, as one of the ministers < >f the. United States to the Congress of the American nations expected to assemble at Tacubaya, you have become associated in that mission. Mr. Poin- sett, it is therefore anticipated, will he disposed cordially tu co-operate in the performance of those duties which have been enjoined by the instructions heretofore addressed to Mr. Anderson and Mr. Sergeant, or to either of them so far as they remain to be executed. And the President re- lies with great, confidence on the zeal and ability of both of you, to promote in this important service the interest of our country. The instructions addressed to Messrs. Anderson and Sergeant have been sufficienty explicit as to the nature of the'assembly. According to our views it is to be consid- ered as entirely diplomatic. No one of the represented nations is to be finally hound by anytreaty, convention, or compact to which it does not freely consent according to all the forms of its own particular Government. With that indispensable qualification, the mode of conducting the conferences and deliberations of the ministers is left to your sound discretion, keeping in view the observations which have been made in your general instructions. I am induced again to advert to this topic in consequence of a letter from the Colombian minister, under date the 20th of November last (a copy of which is herewith trans- milted,) from the tenor of which it might probably be inferred as his opinion that a majority of voices in the assembly, on any given proposition, is to be decisive. We have not yet obtained copies of the treaties concluded at Panama which are mentioned in that note. To these we have a right, and we shall continue to expect them. We have no later information than thai contained in Mr. Sergeant's dispatch No. 1, under date the 19th of January last, and its accompaniments, as to the probable 152 time of the convention of the ministers of the several powers. The course which he adopted of announcing himself to such of them as had arrived at Mexico is ap- proved. From the answers he received to his note it appears that eight months, from the 15th of July last, were specified as the period within which the treaties con- cluded at Panama were to be ratified, and when it was expected the congress would again meet. That term ex- pired on the 15th instant. It is probable, therefore, that about this time the ministers of the various powers will assemble at Tacubaya. But if they should not meet be- fore the 1st of June next, Mr. Sergeant may, after that day, return to the United States without further deten- tion. In the event of his return Mr. Poinsett will con- sider the duties of the joint mission as devolving on him alone; and should the 'congress assemble subsequent to that period, and Mr. Sergeant should avail himself of the permission now given him to leave Mexico, Mr. Poinsett will attend the congress in behalf of the United States. The intelligence which has reached us from many points as to the ambitious projects and views of Bolivar, has abated the strong hopes which were once entertained of the favorable results of the Congress of the American nations. If that intelligence be well founded (as there is much reason to apprehend), it is probable that he does not look upon the congress in the same interesting light that he formerly did. Still the objects which are contemplated by your instructions are so highly important that the President thinks their accomplishment ought not to be abandoned whilst any hope remains. Their value does not entirely depend upon the forms of the governments which may concur in their establishment, but exist at all times and under every form of government. You will, in all your conversations and intercourse with the other ministers, endeavor to strengthen them in the faith of free institutions and to guard them against any ambitious schemes and plans, from whatever quarter they may proceed, tending to subvert liberal systems. Mr. Rochester, having been appointed charge" de"' Af- faires to Guatemala, Mr. John Speed Smith, of Kentucky, 153 formerly a member of the House of Representatives, is ap- pointed secretary to your mission. In the event of his ac- ceptance (of which advice lias not yet reached the Depart- ment), he is expected to proceed from Kentucky, by the way of New Orleans, to join you. You are at liberty to detain the bearer of this letter a reasonable time to convey any dispatches you may wish to forward to this Government. If you should not wish him to remain at Mexico for that purpose, after stopping about two weeks to recover from the fatigue of the journey and voyage, he will return to the United States with such dispatches as you may confide to him. I am, with great respect, your obedient servant. H. Clay. Messrs. John Sergeant and J. R. Poinsett, Appointed Envoys Extraordinary and Ministers Plenipotentiary to Tacubaya, etc. HISTORICAL NOTES ON THE GENERAL ASSEMBLY OF THE AMERICAN REPUBLICS, COMMONLY KNOWN AS THE "CONGRESS OF PANAMA," AND THE OTHER ASSEMBLIES HELD, OR INTENDED TO BE HELD, UNTIL 18G4, BY Jose Ionacio Rodriguez. The two principal purposes which the genius of Bolivar wanted to accomplish through an International American Assembly at Panama, and which he himself called the " cardinal aims" of his aspirations, were : The establishment of certain fixed principles for securing the preser- vation of peace between the nations of America, and the concurrence of all those nations to defend their common cause, each one contribut- ing thereto upon the basis of its population. The letter which he wrote when at the head of the Re- public of Peru, dated Lima, December 7, 1824, inviting the governments of America to send representatives to Panama in order to hold the Conference, which he thought to be of such great importance, contains no indication that the United States were to be invited to take part in that meeting. Whether because Bolivar was fully aware of the interest which at that time prevailed in the United States of preserving and perpetuating, if possible, the African slavery,* a spirit which was fully at var-iance with * A convention had been made in 1834 between Colombia and the United States for the suppression of the slave trade; but it was rejected by the Senate. (Folio edition of the Foreign Relations of the United States, vol. 5, pp. 729-735.) 155 156 his own, and with the ideas proclaimed in South America, where slavery had been abolished since 1813, or because of other reasons (a matter which needs not to be discussed at present), his invitation was extended only to Colombia, Mexico, Central America, the United Provinces of Buenos Ayres, Chili, and Brazil. As it appears from the records, the invitation to the Government of the United States was made only by the Governments of Colombia and Mexico, which claimed to have conceived, at the same time as Bolivar, the idea of causing a Congress of this kind to convene, and thought themselves, therefore, entitled to shape its organization. The learned author of the "Notes upon the Foreign Treaties of the United States," appended to the official edition of the "Treaties and Conventions concluded be- tween the United States of America and other Powers since July 4, 1770," has inserted under the head of " Co- lombia," page 1273, the following paragraphs: The Congress of Panama in 1826 was planned by Bolivar to secure the union of Spanish America against Spain. It had originally mil- itary as well as political purposes. In the military objects the United States could take no part; and indeed the necessity for such objects ceased when the full effects of Mr. Monroe's declarations were felt. But the pacific objects of the Congress, the establishment of close and cordial relations of amity, the creation of commercial intercourse, of interchange of political thought, and of habits of good understanding between the new Republics and the United States and their respective citizens, might perhaps have been attained, had the administration of that day received the united support of the country. Unhappily they were lost; the new States were removed from the sympathetic and protecting influence of our example, and their commerce, which we might then have secured, passed into other hands, unfriendly to the United States. In looking back upon the Panama Congress from this length of time, it is easy to understand why the earnest and patriotic men who en- deavored to crystallize an American system for this continent failed. * * * One of the questions proposed for discussion in the Confer- ence was " The consideration of the means to be adopted for the entire abolition of the African slave-trade," to which proposition the commit- tee of the United States Senate of that day replied: " The United States have not certainly the right, and ought never to feel the inclination, to dictate to others who may differ with them upon the subject; nor do the committee see the expediency of insulting other States, with whom we 157 are maintaing relations of perfect amity, by ascending the moral chair and proclaiming from thence mere abstract principles, of the rectitude of which each nation enjoys the perfect right of deciding for itself." The same committee also alluded to the possibility that the condition ( »f the islands of Cuba and Porto Rico, still the possessions of Spain, and still slave-holding, might be made the subject of discussion and of con- templated action by the Panama Congress. " If ever the UnitedStates (they said) permit themselves to be associated with these nations in any general Congress assembled for the discussion of common plans in any way affecting European interests, they will, by such act, not only de- prive themselves of the ability they now possess of rendering useful assistance to the other American States, but also produce other effects prejudicial to their interests.* It did not, by any means, enter into the plans of Bolivar to consolidate the whole of Spanish America into a single nation. On the contrary, it appears from his famous "prophetic letter" that he considered such union as an impracticable scheme, owing to the "diversities of climate and geographical situation of the different Spanish Ke- publics, the immense distances which separate them from each other, their often conflicting interests, and other characteristic differences." But he wanted some strong bond of union to be created among them, which should preserve peace in this conti- nent, and afford protection to its inhabitants against for- eign aggression: How beautiful it would be [he said in the letter referred to] for the Isthmus of Panama to be for our nations what the Corinthian Isthmus was for the Greeks. Would to God that some day we might enjoy the happiness of having there an august Congress of representatives of the Republics, Kingdoms, and Empires of America to deal with the high interests of peace and of war with the nations of the other three parts of the world. In another letter, which he wrote to General Santander afew months after the invitation had been extended to the Governments of the Spanish American nations, he spoke of the United States, and of the advantages of an alliance with them; but showed, however, no desire that they should join the Congress. The Liberator thought that the danger of a desperate struggle between monarchical prin- *Sen. Ex. Doc. 112, second session Forty-first Congress, 7, 8. 158 ciples and the principle of popular government, or, as he said, "the cause of the thrones and the cause of liberty," was' then impending, and he believed that "the only means, if any, to meet that issue successfully was to cause a great Congress of plenipotentiaries to meet at the isthmus, give to it a vigorous organization, under a well- defined and comprehensive plan, with entire independence of the States represented by it, provide it with an army of at least one hundred thousand men, and a federal navy, and thus making it capable of conducting diplomatic affairs in the nice European fashion, and of securing an intimate and close alliance with England and North America." Bolivar's "prophetic letter" above referred to is one ot those documents which at once command admiration. As before stated, it was written in 1815, when the future Liberator was living the life of an exile, and struggling with all the hardships of extreme poverty at the city of Kingston, Jamaica, and no one could imagine that the scarcely initiated rebellion against the power of Spain could succeed in America.? He recognized that at such an earlier date as that at which he was writing it was " most difficult to foresee the future destinies of the provinces of Spanish America, speak of the political principles which should prevail in them, or indulge in any speculation about the nature of the government which they would adopt for themselves." But in spite of such difficulties he made his predictions, certainly not intended for publicity, but exclusively ad- dressed to the bosom friend with whom he corresponded, with such a strength and accuracy as to fully justify the insertion in this paper of some of his statements. • ■ The States of the Isthmus, from Panamato Guatemala," he said, " will form perhaps a Union. That magnificent portion' of America, situate between the two oceans, will be in clue time the emporium of the universe. Its canals will shorten the distance which separate the nations of the earth, and will render the commercial ties which -"■Fragments of this letter have been reprinted by General O'Leary in Vol. I, of bis Memoirs (Narration), page 291, and the following. 159 connect Europe, America and Asia, closer and stronger. The yieldings of the four parts of the world will be brought as a tribute to that happy section of the world. Perhaps the true capital of the earth might be established there, and be made exactly what Constantine desired that Byzance should be. f In speaking of Chili, Bolivar said: The Kingdom of Chili is called by nature, by its situation, by the iiabits and customs of its inhabitants, and by the example of its neigh- bors the proud republicans of Arauco, to enjoy the blessings of just laws and Republican institutions. If any Republic is to last long in America, I am inclined to think that that one will be Chili. The spirit of liberty has never been extinguished there, and the vices of Europe and Asia will never come, or will come very late, to corrupt the habits of that remote corner of the universe. Its territory is limited, and always will be free from the infectious contact of the rest of mankind; its laws and usages will not be easily changed; the uniformity of its political and religious ideas will be preserved; and in a word. Chili will be free. Peru, on the contrary, has two elements which are thoroughly inim- ical to any kind of just and liberal system of government — gold and slaves. The former corrupts all things; the latter is itself already cor- rupted and rotten.* In the year 1824, almost at the very moment in which the Spanish power in America was receiving its fatal blow at Ayacucho, when Bolivar was at the head of the Re- public of Peru and at the height of his glory, the occasion seemed to him to be propitious for the consummation of his favorite idea, and thereupon he issued from Lima the following circular: Lima, December 7, 1834. Great and Good Friend: After fifteen years of sacrifices devoted to the liberty of America to secure a system of guaranties that in peace ami war shall be the shield of our new destiny, it is time the interests and relations uniting the American Republics, formerly Span- ish colonies, should have a fundamental basis that shall perpetuate, if possible, those Governments. To initiate that system, and concentrate the power of this great polit- ical body, in i plies the exercise of a sublime authority, capable of direct- ing the policy of our Governments, whose influence should maintain uniformity of principles, and whose name alone should put an end to our quarrels. *Ibid., page 305, 160 Such a respectable authority can exist only in an assembly of pleni- potentiaries, appointed by each of our Republics, and called together under the auspices of the victory obtained by our arms over the Span- ish power. Profoundly imbued with these ideas, I invited, in 1833, as President of the Republic of Colombia, the Governments of Mexico, Peru, Chili, and Buenos Ayres to form a confederation, and hold on the Isthmus of Panama, or some other point agreeable to the majority, a congress of plenipotentiaries from each State ' ' that should act as a council in great conflicts, to be appealed to in case of common danger, and be a faith- ful interpreter of public treaties, when difficulties should arise, and conciliate, in short, all our differences." On the 6th of June of said year, the Government of Peru concluded a treaty of alliance and confederation with the Colombian plenipo- tentiary. By said treaty both parties bound themselves to interpose their good offices with the Governments of America lately Spanish, so that, all entering into the same agreement, the general congress of the confederates could be held. A similar treaty with Mexico was con- cluded on the 3d of October, 1833, by the Colombian envoy to that country; and there are strong reasons for hoping that other Govern- ments will also adopta policy dictated by their higher interests. Longer to defer the general Congress of the Plenipotentiaries of the Republics that in fact are already allied awaiting the accession of the others, would be to deprive ourselves of the advantages which that assembly will produce from its very incipiency. These advantages are largely increased, if we but contemplate the spectacle that the political world, and particularly that of the European continent, presents to us. A reunion of the plenipotentiaries of Mexico, Colombia, and Peru would be indefinitely delayed, if it should not be brought on by one of the same contracting parties, unless the time and place for the carry- ing out of this great object be determined by another and a special convention. Considering the difficulties and delays presented by the distance separating us, together with other grave motives the general interest suggests, determines me to take this step with a view of bringing about an immediate meeting of our plenipotentiaries, while the rest of the Governments may conclude the preliminaries already gone through by us concerning the appointment, and commissioning of their representa- tives. With respect to the time of the opening of the Congress, I make bold to think that no obstacle can oppose its verification within six months from this date; and I shall also go so far as to flatter myself that the ardent desire animating all Americans to exalt the power of the world of Columbus will diminish the obstacles and delays that the ministerial preparations demand, and the -distance separating the capitals of each state and the central point of the meeting. It seems that if the world 161 should have to choose its capital, the Isthmus of Panama would be se- lected for this grand destiny, located as it is in the center of the globe having on one side Asia, and on the other Africa and Europe The Isthmus of Panama has been tendered for this purpose in existing trea- ties by the Colombian Government. The Isthmus is equally distant from the extremities of the continent, and on this account ought to be Dhe provisional seat for the first meeting of the confederates. Yielding myself to these considerations. I am seriously inclined to send to Panama the delegates from this Republic immediately upon having the honor of receiving the desired reply to this circular. Noth- ing, certainly, can so realize the ardent desire of my heart as the agree- ment I hope for on the part of the confederated Governments to accom- plish this august act of America. Should your Excellency not adhere to this I foresee great delays an I injuries, at a time, too, when the movement of the world hurries every- thing on, and may accelerate to our harm. The first conferences between the plenipotentiaries once held, the seat of the Congress, as well as its powers, can be solemnly determi 1 In the majority, and then everything will have been realized. The day our plenipotentiaries make the exchanges of their powers will stamp in the diplomatic history of the world an immortal epoch When, after a hundred centuries, posterity shall search for the origin of our public law, and shall remember the compacts that solidified its destiny, they will finger with respect the protocols of the Isthmus In them they will find the plan of the first alliances that shall sketch the mark of our relations with the universe. What, then, shall be the Isthmus of Corinth compared with that of Panama? God preserve Your Excellency, Your great and good friend, t^c^ a rn ■ Simon Bolivar. Jose S. Carrion, Minister of Government and Foreign Relations. The first answer to this letter came from Colombia, and it was as follows: His Excellency General Simon Bolivar, etc. Great and Good Friend and Faithful Ally: I have read with the greatest pleasure your very estimable note dated at the city of Lima on the 7th of December ultimo, setting forth your earnest desire to see the States of America, which were Spanish, meeting in an assembly within six months, if possible. *! ^ u°T 6 extre, "" lv satisfactory to assure you that I, being ani- mated by the same sentiments, have taken at once all the necessary measures to hasten the accomplishment of an event of such great importance for our safety and future happiness. The necessities of the new American States, their position with regard to Europe, and the 5C3a— vol 3 U 162 stubbornness of the King of Spain in not recognizing them as sovereign powers, demand from us, and from our dear allies, now more than ever, the adoption of a system of political combinations, which shall nip in the bud any attempt however to involve us in new calamities. The dangerous principle of intervention that some cabinets of the Old World have adopted, and carried on so earnestly in our own days, de- mands on our part serious consideration, not only because of its ten- dency to encourage the almost extinguished hopes of our obstinate enemies, but also on account of the obnoxious consequences which the introduction hi America of a rule, so subversive to the sovereign rights of the people, will necessarily produce. It seems to me, nevertheless, that however great our desire may be to lay, at least, the foundations of this work, the most wonderful ever undertaken and witnessed after the fall of the Roman Empire, our common interest requires the assembly of plenipotentiaries herein referred to to meet at the Isthmus of Panama, with the concurrence of all or at least the greatest part of the American governments, whether belligerents or neutral, as they all are interested in resisting the alleged right of intervention, of which some powers of the south of Europe have already been made the victims. In order to secure this concurrence, instructions have been sent, under date of the loth of July ultimo, to our charge d'affaires at Buenos Ayres, directing him to make efforts to persuade that Government to send plenipotentiaries to the assembly at Panama, although the steps taken in that direction in 1822 proved unsuccessful. We have also waited with the greatest anxiety for the ratification of our treaty of alliance and perpetual federation with the State of Chili, of which no information whatever has been yet received. And it is probable that the sessions of the present legislature will be closed without completing a similar compact with the Provinces of Guatemala, which are repre- sented at this Capital by a minister, and whose recognition we have withheld through considerations of respect to our faithful ally, the Re- public of Mexico. I therefore entertain the hope that the assembly of the American nations will consist of representatives of the Republics of Colombia, Mexico, Guatemala, Peru, and even Chili and Buenos Ayres, if, as it is probable, the policy of the latter country becomes more in harmony with ours, after the installation of the Congress of the United Provinces of the River Plata. In regard to the United States I have thought it advisable to invite them to join us in the august assembly of Panama, as I am firmly persuaded that none among the allies will fail to see with satisfaction those sincere and enlightened friends take part in our deliberations upon subjects referring to our common interest. The instructions which on this matter have been transmitted to our envoy extraordi- nary and minister plenipotentiary in Washington, will make you acquainted in full with the reasons which induced me to take this step. The Government of Colombia, will with great pleasure, within four months to be counted from the present day, appoint two plenipoten- 1G3 tiaries, who shall represent it at the Isthmus of Panama; and will give them instructions to meet the plenipotentiaries of Peru, andenterwith them immediately into such preliminary arrangements as may he re- . I uired for the opening of the General Assembly, which perhaps may take place on the 1st of October of the present year. For the purp, ee <>t facilitating this result. I dare to venture the following suggestions: 1 irst, that the Governments of Colombia and Peru empower their pleni- potentiaries to hold preparatory conferences at the Isthmus of Panama and enter into direct correspondence with the secretaries of foreign rela- tions, of Mexico, Guatemala, Chili and Buenos Avres and urge them to send without any loss of time, plenipotentiaries of those Republics to the General Assembly. Second, that the plenipotentiaries of C. Nom- ina and Peru be given full liberty to select in the Isthmus of Panama such locality as they may deem to be the best, owing to its sanitary conditions, for the holding of the preparatory conferences. Third that upon the meeting at the Isthmus of Panama of the plenipoten- tiaries of Colombia, Peru, Mexico and Guatemala, or at least of three of the said Republics, power be given to them to appoint, by agreement the day of the opening of the General Assembly. Fourth, that the I len- ral Assembly of the Confederate States be given, in the same way full liberty to select within the Isthmus of Panama the place most suitable, on account of its sanitary conditions, for the holding of its sessions. Fifth, that the plenipotentiaries of Colombia and Peru beinstructed uoi to leave the Isthmus of Panama for any reason whatever, after the open- ing of the preparatory conferences, but remain there until the General Assembly of the Confederate States is open, and its sessions are termi- nated. I hope that these suggestions will show you how vivid is the interest that the Republic of Colombia feels toward seeing the great designs of Divine Providence accomplished in our beautiful hemisphere. I ask God fervently to keep you in His holy guard. Given, signed by my hand, and countersigned in the City of Bogota on the 6th of February of 1835, and the loth of the Independence of Colombia. F. de P. Santander. Pedro Gcai,. Secretary of Foreign Relations. Then came the answer from Mexico in the following terms: Palace of the Government at the City of Mexico, February 33, 1825. His Excellency the Liberator Simon Bolivar, etc. : Great and Good Friend: Your communication of December? ulti- mo, relative to your great project of causing an assembly of plenipo- tentiaries of the American Republics to convene for the purpose of 164 discussing principles affecting their interests and relations, lias been for rue a source of great satisfaction; much the more so, as I, resting on the same principles as you have set forth, and animated by the same wishes you express, had already in my mind to take the initiative by sending an envoy to you to discuss the same subject and suggest the same method as you propose. The fact that the ratification by the Government of Colombia of the treaty of October 3, 1823, has not been received, and that Mexico has not entered with the other nations of this continent, formerly Spanish colonies, into agreements of the same kind as that treaty, is not an obstacle against either extending or accept- ing the invitation to all the Governments to meet at the desired Con- gress, since the respective plenipotentiaries may be sent clothed with sufficient authority to negotiate treaties, and make them the first sub- ject of the deliberations of the assembly. You find yourself in the best possible circumstances to extend this in- vitation to the other Governments, because you are in the center of the Republics of South America, and can easily attend to the prompt sending of the plenipotentiaries to the place of meeting, a place which in my opinion must be by all means Panama. In regard to the time in which the Congress should open its sessions, I had thought of sug- gesting the 1st of November, taking into consideration the distances and the difficulties attending the travel of the plenipotentiaries; but if you think, as it seems, that the meeting can take place before, I have no objection to it; on the contrary, I will most earnestly indorse your views and cause the Mexican plenipotentiary to start as soon as you give me the proper notice. As I am persuaded that the cause of independence and liberty does not belong exclusively to the Republics which were Spanish colonies, but that it is also the cause of the United States of the North, I have directed the Mexican Minister there to make a suggestion to that effect to the President of that country, so as to enable him to send his envoys, if so wishes, to that assembly. I have the high honor to answer in this way to your above-mentioned note; and I avail myself of this opportunity to congratulate you di- rectly for your triumphs at Peru, where you have given the last blow to the Spanish rule in America. Your great and good friend, Guadalupe Victoria. The Republic of Chili, although never represented at the Assembly, accepted the invitation in the following terms : Santiago de Chile, July 4, 1825. His Excellency the Chief Magisteate of the Republic of Peru: Great and Good Friend : The Director of the Republic of Chili has received with particular satisfaction the note of Your Excellency inviting this Government to send plenipotentiaries to the Isthmus of 165 Panama, to join thorp those sent by the other States of America in the General Assembly called upon to consider the important subjects which your note describes. The Director can assure you, in answer, that his sublime project has been long ago in his mind, and occupied his attention. He is fully persuaded that America, after having secured her liberty at the cost of so many sacrifices, can not render that liberty permanent, or secure stability for her new institutions, unless through tlie instrumentality of such an Assembly. The fulfillment of this plan will largely contribute towards securing for our new nations the respect of Europe, and caus- ing her to see tlie majesty and strength of our Republics. Isolation may make us appear weak and small; but union will render us a most respectable body, with power enough to check ambitious pretensions, and intimidate Spain. So it is, that the wise suggestions made in your note, on this lauda- able subject, have caused tlie Director to be still more persuaded than he bad been before of the urgent necessity that said Assembly meet at the earliest possible time. But even if this Government were not animated by the feelings above explained, it would find itself bound by duty to comply with your wishes, because of the solemn treaty of friendship and alliance of December 23, 1822, between Chili anil Peru. It is unfortunate, however, that an obstacle presents itself, just at this moment, which the Government can not overcome, for the prompt accomplishment of this idea. That obstacle depends upon the fact that no legislative authority is as yet in existence to examine the bases suggested by the Colombian Government for the guidance of the plen- ipotentiaries in the said Assembly. But the Director flatters himself with the hope that the National Congress, which will soon meet, will devote its very first sessions to the discussion of this great subject. The Director assures you beforehand, that as soon as said Congress meet, which will be at the latest within two months, he will havespecial care in submitting this matter to its consideration, and will earnestly co-oper- ate, by all means in his possession, to the speedy appointment of plen- ipotentiaries on the part of Chili, and the accomplishment of an idea so utterly important for Chili and the whole of America. The Director of Chili avails liimself of this opportunity to renew the expressions of his most distinguished considerations. Ramon Feeire. Juan de Dios Vial del Rio, Secretary of Foreign Relations. Brazil and the United Provinces of the River Plata did not send plenipotentiaries to Panama: but their respective Governments substantially indorsed the Liberator's idea. The Chevalier de Janeiro, Brazilian Ambassador in 166 London, wrote to Senor Hurtado, the Colombian Minister at the same Court, under date of October 30, 1825, as fol- lows: I comply with a pleasant duty in informing you that the Emperor, my master, before whom I laid your note of the 7th of June ultimo, has been pleased to accept the formal invitation that the Colombian Government extends to Brazil to join the other States of America in the Assembly to be held at Panama, to settle in common their mutual relations and their respective political and commercial systems. Ho said, however, that the Brazilian plenipotentiaries could not be sent until after the negotiations relative to the recognition of the Empire were terminated, and that the action of said plenipotentiaries had to be in keeping with the strict neutrality which the Emperor had decided to maintain between the belligerent States of America and Spain. * The Buenos Ayres Government recommended its Con- gress, on August 1(3, 1825, to pass a bill authorizing the National Executive "to enter into a defensive alliance with the American States which formerly were Spanish, for supporting their independence and defending them against Spain or any other foreign power." The last clause of said bill reads as follows: The National Executive shall in due time send one or more plenipo- tentiaries to the Assembly of plenipotentiaries called by the Govern- ments of Colombia and Peru to convene for the purposes of this trill. + The letters printed elsewhere in this volume, addressed to Mr. Clay, Secretary of the United States, on November 2 and November 3, 1825, respectively, the former by Don Jose Maria Salazar, Envoy Extraordinary and Minister Plenipotentiary of Colombia in Washington, and the latter by Don Pablo Obregon, Envoy Extraordinary and Minister Plenipotentiary of Mexico in the same Capital, and the answers given to them by Mr. Clay, as well as the Executive and other documents also printed in this Appen- dix, will give a full idea of what was done by the United States in respect to this scheme of unification of American ideas and interests. ____ *0'Leary's Memoirs, Vol. XXIV, page 287. f Ibid., page 267. 167 In Europe, where the purposes and intents of this Con- gress had been, if possible, magnified, both by the writ- ings of liberal leaders and advocates of benevolence and popular freedom.* and by the natural uneasiness which it caused among the partisans of absolute monarchy, public attention was thoroughly aroused. Great Britain and the Netherlands showed their desire to participate in, or at least to witness the movements made by the Assembly, and accredited to that effect their respective agents. The Colombian plenipotentiaries, Don Pedro Gual and Don Pedro Briceiio Mendez, referred to this subject in a communication to their Government of July 10, 1820, in the following terms : We have the honor to inclose a copy of the credentials which Mr. Dawkins placed in the hands of one of us on the day of the first meet- ing of the Assembly of Plenipotentiaries of the American Republics, You will see by that document what is the nature of the mission of that gentleman as Commissioner from His British Majesty. The Assembly has had no time so far to investigate what other purposes, if any, this mission is intended to accomplish. Nevertheless, judging by the conversations of Mr. Dawkins with some of the plenipotentiaries, it is apparent that the wishes of His British Majesty are in favor of I he termination of the war in this hemisphere. On the 8th instant. Chevalier Van Veer, a Colonel in the service of His Majesty the King of the Netherlands, arrived here. It is reported that he has been instructed by his Government to reside in this city (Panama) during the sessions of the Assembly. We do not know as yet the character of his mission, as no opportunity has presented itself for us to talk with him and find out the purposes of his coming here.* Restrepo, in his " History of the revolution of Colon 1 1 1 i a, " says in regard to this point: Mr. E. Dawkins and < Jolonel Van Veer, the former in behalf of Great Britain and the latter in behalf of the King of the Netherlands, went also to Panama, to reside there during the sessions, although without taking any part in the deliberations. * * * The conduct of the * " Congres de Panama." par M. de Pradt, ancien archeveque de Ma- lines. Paris. 1825. The author maintained that " history will never witness a more fitting expression of civilization than the American Congress. Europe has had two great Congresses, the one of Minister and the one of Vienna; what will they he in comparison with that Congress which America is now preparing herself to hold ?" *0'Leary's Memoirs, Vol. XXIV, page 335. 168 British Commissioner, Mr. Dawkins, during the sessions, was always noble and frank. He confined himself to advising the Plenipotentiaries of the new Republics to show respect to the institutions of all the other nations, to remove the suspicion, possibly to be entertained by the Eu- ropean powers, that Republican America was trying to establish a sys- tem of politics in opposition to theirs. He insisted with considerable strength and earnestness upon the advisability that America should give a proof of her love of peace by consenting to some sacrifices for its sake. He positively promised that Great Britain should interpose her mediation with Spain, with good hopes of success, if the negotiation was conducted upon the basis of granting Spain a pecuniary indemni- fication. He stated that France would not lend her co-operation if that basis was not accepted by the American Republics; that Great Britain unaided by France could not accomplish much; and that it was advisable not to lose any time and open negotiations as early as practi- cable, so as to avoid such future complications as might be feared from the already initiated intervention of Russia at the request of the United States. Mr. Dawkins insisted so much upon this point that every one saw plainly that the principal object of his mission was to carry it on. He always said, however, that in this he expressed his own views, and not those of his Government. In spite of these assur- ances, he could not conceal his disappointment when he saw the Assem- bly adjourning without having taken any step towards securing peace with Spain; but, nevertheless, when he left the Isthmus and parted from the plenipotentiaries, he did so with sentiments of great friendship, especially towards Colombia, for whose plenipotentiaries he had always showed particular respect. Colonel Van Veer had no public character in Panama. His mission was private. He confined himself to express to the plenipotentiaries the ardent wishes of His Majesty the King of the Netherlands for the happiness of the allied Republics, and explained that his sovereign had not yet recognized their independence, only because of the regard he had to pay the great Powers of Europe. He added however that said recognition should soon be made.* The purposes and intents of this Assembly, so far at least as Bolivar's idea was concerned, can not be better understood than by perusing the instructions framed by his order for the Plenipotentiaries of Peru. They clearly show what the aims of the Liberator were, and the failure by the Assembly to shape by them its action sufficiently explains not only the disappointment of the illustrious author of the idea, but the lack of practical results of the * Union latino-americana. By J. M. Torres Caicedo. Paris, 1865. Pages 35 and 36. 169 great movement started by him, which, if carried into effect, would have hastened half a century the abolition of slavery, extirpated from Spanish-America the Spanish colonial system, avoided war and revolutions in the Latin- American Republics, and rendered them as powerful and as near a unit as the most enthusiastic advocates of Latin- American Union could ever have desired. This is the text of those instructions, dated Lima, May 15, 1825. Instructions that are to govern the conduct of the Ministers Pleni- potentiary from Peru to the Great Congress on the Isthmus of Panama. Article I. Its excellency the council of government, being satisfied of your ability, patriotism, and other commendable qualities, has been pleased to appoint you Ministers Plenipotentiary to the great Federal Congress of the American States which will be held at the Isthmus of Panama, and rests assured that you, corresponding to this proof of confidence, will do every thing in your power to accomplish in full the high pur- poses which the Government has had in view when intrusting you with the important mission of representing the national interests in that great General Assembly. As soon as you have met the Plenipotentiaries who will be sent by Colombia to the Isthmus of Panama, you shall consider yourselves authorized to enter into direct correspondence with the secretaries of foreign relations of Mexico, Guatemala, Chili, and Buenos Ayres, and sh< iw them the urgent necessity that they send, without losing a moment, their respective Plenipotentiaries to the General Congress. Article III. The selection of a place at the Isthmus of Panama, or elsewhere, which, on account of its salubrity and geographical position, may be the besl for holding the preliminary conferences, is left to your discretion. In this you will proceed in accord with the other Plenipotentiaries who will be there on the 1st of June next. Article IV. As soon as the Plenipotentiaries of Colombia, Mexico, and Guatemala, or at least those of Colombia and Mexico, shall arrive at the isthmus, you shall proceed, in accord with them, to appoint a day for the inauguration of the Congress, 170 Article V. You shall for no reason, and under no circumstances, absent your- selves from the isthmus, or the place of residence, whatever it is, selected for the Congress, before the sessions thereof have been closed. Article VI. You shall make every effort to secure the great compact of union, league, and perpetual confederation against Spain, and against foreign rule, of whatever character, to be renewed in the most solemn manner. Article VII. You shall endeavor to obtain from the great Congress of the Ameri- can States the issuing of a proclamation, setting forth the narrow views and designs of Spain, the immense harm which her Government has done to America, and the political course of action which Amer- ica proposes to pursue in her relations with the powers of the world, namely, friendship to all, and strict neutrality. Article VIII. Whereas the Spanish Government will always be able, as long as the Islands of Puerto Rico and Cuba belong to Spain, to promote dis- cord, encourage domestic troubles, and threaten the independence and peace of many countries of America, you shall make efforts to cause the Congress to decide about the fate of both islands. If the Congress, sensitive to the true interests of the. countries represented by it, be- lieves that it is advisable for them to free those islands, you shall enter into a treaty to that effect with the other States, setting forth in detail what forces of land and sea, and what sum of money, each State of America shall have to contribute for that important operation. Said treaty shall provide also whether said islands, or any of them separately, shall be annexed to some one of the Confederated States, or left at liberty to select by themselves, as they deem best, their own govern- ment. Article IX. Should it be decided that the Islands of Puerto Rico and Cuba are to be annexed to one of the States, you shall endeavor to secure also the further decision of the question whether the State to which they will be annexed shall or shall not be bound to pay the expenses in- cm-red for their emancipation; and, if yea, what the manner and terms of payment shall be. Article X. If it be decided that the fate of the islands is to be left to them, you shall endeavor to secure some declaration on the question whether they shall or shall not be required to repay the expenses incurred; and, if yea, about the manner and terms of payment. 171 Article XI. You shall endeavor to negotiate treaties of friendship, navigation and commerce with the new American States as allies and confed- erates. Article XII. You shall also negotiate with the same States a consular convention defining clearly and distinctly the prerogatives of their respective con- suls. Article XIII. You shall see that the proclamation which, under article 7 of these instructions, must be issued and published by the Great Congress of the Isthmus, contains such an energetic and efficient declaration as that made by the President of the United States of America in his message to Congress of last year in regard to the necessity for the European power of abandoning all ideas of further colonization on this emi- nent, and in opposition to the principle of intervention in, air domestic affairs. Article XIV. You shall exert yourselves in securing by common consent the de- termination or settlement of disputed points in international law especially those affecting the relations between belligerents and neutral nations. Article XV. You shall urge some declaration to be made as to the relations both political and commercial, to be established between us and those por- tions of our hemisphere, as San Domingo and Havti. who emancipated themselves from their mother country, but have not as yet succeeded in obtaining recognition by any power, whether European or American . Article XVI. Inasmuch as. in view of the exhausted condition to which all the American States have been reduced by the recent struggles, there is danger that one of them, if invaded and left to defend itself alone would find itself involved in a prolonged and ruinous contest, which would end in its destruction, you shall endeavor to negotiate a treaty by which all of the new American States attending the Congress be united in a close alliance both offensi ve and defensive. That treatv shall fix the contingent of forces of land and sea. and other assistance which each nation should contribute for the defense of the invaded State. 172 Article XVII. Pursuant to the indications contained in the preceding article, you shall interest yourselves in securing on the part of the American States attending the Congress of the Isthmus, the adoption and vigor- ous enforcement of a well combined plan of hostilities against Spain, so as to compel her Government to make peace and recognize the inde- pendence of the American Continent. It would be conducive to this end not to permit commerce with Spain, even in an indirect manner, at any place in the States with which she is at war, and declare there- fore the products of Spanish soil and industry and the vessels which carry them, under whatever flag, liable to confiscation; to forbid the Spaniards who left during the course of the revolution to return to America before the peace is made ; to keep under embargo for the same period of time the property of those absentees ; to aid by all means possible the fitting up and arming of privateers which should embarrass or destroy Spanish travel and commerce ; to demand from Spain, as a "conditio sine qua non" for the establishment of peace, or the negotiation of treaties of commerce, a solemn recognition on her part of the independence of all the American States; and to cause the said States to pledge themselves not to accept respectively any rec- ognition of their own individual independence, unless it is coupled with that of all the others. Article XVIII. You shall endeavor to secure that the boundaries of the American States be fixed by agreement among themselves upon the basis that each one shall retain the territory which it possessed when the revolution began; and you shall be particular in this point, and not allow the limits to be described vaguely and indefinitely, but see on the contrary that they are clearly and precisely described, taking advan- tage as far as practicable of natural and well known landmarks as large rivers or mountains, so as to make the division of the States conformable with what nature itself has marked, and avoid in the fut- ure all possibility of dispute. Article XIX. As America is in need of a long period of rest and peace for recover- ing from the harm she has suffered in the war with Spain, and as a tendency towards local independence and sovereignty is clearly notice- able through the whole of the continent, you shall endeavor to settle these questions which may arise out of this tendency, and obtain some decision about what portion of the new States can be considered repre- sentatives of the sovereignty and national will, and in what manner can this will be expresse 1 to have legal effects. 173 Article XX. After this point is decided, you shall endeavor to obtain a declara- tion to the effect that the American States far from encouraging and aiding seditious and ambitious disturbers of the public peace and order, will on the contrary co-operate with each other, by all means in their possession, in supporting and maintaining all legally constituted govern- ments. Article XXI. You shall earnestly interest yourselves in securing from the General Assembly the enacting of such measures as may be deemed to be most efficient for the suppression of the slave-trade in America. Article XXII. You shall see that the treaties agreed upon at the great Federal Con- gress of the American States, after their being properly ratified by the respective Governments, be promulgated as the public law of America, and made obligatory on all the States which were parties thereto. The "General Assembly of the American Republics " met at Panama on the 22d of June 1826, at 11 o'clock a. m., the following nations being represented : Colombia, by two delegates, Don Pedro Gual and Don Pedro Briceilo Mendez: Central America', by two delegates, Don Antonio Larra- zabal and Don Pedro Molina. Peru, by two delegates, Don Manuel Lorenzo Vidanrre and Don Manuel Perez de Tudela. Mexico, by Don Jose" Mariano Michelena. (The other delegate, Don Jose" Dominguez, was sick and could not at- tend the first meeting. ) Two Cubans of great distinction, both of them exiled from their country, on account of their political opinions, performed the duties of Secretaries. One of them was Don Fructuoso del Castillo, aide-de-camp of the Colombian plenipotentiary. General Bricefio Mendez, and the other was Don Jose" Agustin de Arango, Secretary of the Peru- vian delegation. The Assembly held ten meetings as follows: June 22, June 23, July 10, July 11 in the morning, July 11 in the evening, July 12, July 13, July 11 in the morning, July 174 14 in the evening, and July 15, 1826, and accomplished the following: 1 A " treaty of union, league, and perpetual confederation," a very extensive and interesting instrument, containing thirty-one articles (and an additional article), signed July 15, 1826. 2 An agreement (concierto) under article 11th of the above, contain- in-' ten articles, and providing that the Congress should meet periodi- cally (once every two years in times of peace, and once a year as long as tlie troubles with Spain should continue) at Tacubaya, Mexico, and fixing the qualification of the members of that Congress, etc. _ ' 3 A convention (convencion de contingentes) fixing the contingent of troops of each Republic for a permanent army of 60,000 men, and their support, etc. (twenty-four articles). 4 An agreement (concierto) additional to the above as to the organi- zation of "that army, and their movements, etc, (twenty-two articles). The text of the protocols of the ahove said conferences, never before published in English, so far as the author of these notes is informed, deserves to be read with atten- tion. These protocols are historical documents of the utmost importance, and are worthy to be preserved. They read as follows: I. Protocol of the first verbal conference held at the City of Panama on the 22rt of June, 1826, between the Ministers Plenipotentiary of the Republics of Colombia, Central America, Peru, and the United Mexican States. The Plenipotentiaries of the above-named Republics, to wit: His Ex- cellency Pedro Gual and His Excellency Brigadier-General Pedro Hnc-no Mrnde/. for Colombia; His Excellency Doctor Antonio Larraza- bal and His Excellency Pedro Molina, for Central America; His Ex- cellency Don Manuel Lorenzo Vidaurre, and His Excellency Don Manuel Perez de Tudela, for Peru; and His Excellency Brigadier-Gen- eral Don Jose Mariano Michelena, for the United Mexican States, hav- ing met this day at 11 o'clock a. in., at the Hall of Sessions of the City Hall in this city, proceeded at once to organize the Conference and fix the order of precedence. It was resolved that said precedence during the whole of the present Congress, and for nothing else than its meet- ings, would be decided by lot; and the lot, having been drawn, the result was as expressed in the beading. It was stated that His Excellency Don Jose Dommguez, a plenipo- tentiary from the United Mexican States, could not attend this meeting on account of sickness. 175 Tn regard to the Presidency it was resolved thai the chair should be occupied by turn by the Plenipotentiaries, in the same order as stated above with respect to the precedence. The Plenipotentiaries then proceeded to exchange and examine their respective full powers, which they compared with the copies already prepared to that effeet, and found them to be good and in due form. The decision about the manner of voting was reserved for thenexl meeting, to be held to-morrow at 7 o'clock p. m. Pedro Gual. P. BeicbSo Mendez. Antonio Larrazabal. Pedro Molina. M. L. Vidaurre. Manuee Perez de Tudela. J. M. MlCHELENA. Jose DOMINGDEZ. II. Protocol of the second verbal conference held between tin- Plenipotentia- ries of tin' Republics of Colombia, Central America, Peru, and tin l 'nihil Mexican States, 6. All the plenipotentiaries were present. The conference was called to order at half-past 10 o'clock a, m. The protocol of the preceding day was read and approved. The agreement referred to in article 11 of the treaty was taken up for discussion. Its ten first articles were read and approved, m itwith- standing the opposition made to article 1 by the plenipotentiaries of Co- lombia and Central America, founded upon the advantages which, in their opinion, the Isthmus of Panama and Guateinala,°respective]y. afforded to make either of them the permanent place of residence of the assembly, owing to their central position in regard to the States north and south of this continent. The plenipotentiaries of Peru con- sented to article 3, reserving to consult then- Government on the sub- ject of rank. Article 11 of the agreement and the following to article 20. inclusive. were read and approved. Article ','1 was read, but the plenipotentiaries of Central America moved to supplement its provisions by means of an additional article, whereby the limits of each nation, as fixed by amicable arrangements to be made according to circumstances, should be mutually Guaran- tied. The proposed additional article is as follows: Art. 22. The contracting parties mutually guaranty to each other the integrity of their respective territories, such as they may be finally determined by treaties of limits entered into between themselves; and the territory thus defined shall be placed under the protection of the confederacy. Upon the proper consideration the proposed addition was approved and it was resolved to insert it in the agreement as article 22. Article 21 was then approved. Articles23, 24. and 25 were read and approved. The Plenipotentiaries of Central America stated that although they objected to a portion of their contents, they nevertheless gave them their approval, because a considerable lapse of time has necessarily to intervene between n< »w and 5G3a— VOL 3 U 178 the execution of its provisions, and they have therefore ample oppor- tunity to consult their government upon the subject. P. Gual. P. Briceno Mendez. Antonio Larrazabal. Pedro Molina. Manuel Perez de Tudela. M. L. Vidaurre. J. M. Michelena. Jose Dominguez. V. Protocol of the fifth verbal conference held between the Plenipoten- tiaries of Colombia, Central America, Peru, and the United Mexican States at Panama, on the lUh of July, 1826. All the Plenipotentiaries were present. The Conference was called to order at half past 7 o'clock p. m. The protocol of the preceding session was read and approved. Article 26 and the following to article 30 of the treaty of league in- clusive were taken up, read, discussed, and approved. The additional article of the same treaty was read and approved. The '• convention on contingents," such as framed by the plenipoten- tiaries in informal conferences, was then taken up and read. The preamble was adopted. Article 1 was also approved, with the understanding that the duty of furnishing troops was to be pro rata of the population of each State, calculated as follows : Colombia, 3,000,000 ; Central America, 1,300,000 ; Peru, 1,000,000 ; and the United Mexican States 6,500,000. It was stated also that although the population of Colombia and Mexico is not exactly the same as calculated, both nations, however, agree to furnish the contingent assigned to them for the completion of the army of 60,000 men. Article 2 was read, and was left pending until the agreement to which it refers be acted upon. P. Gual. P. Briceno Mendez. Antono Larrazabal. Pedro Molina. M. L. Vidaurre. Manuel Perez de Tudela. J. M. Michelena. Jose Dominguez. VI. Protocol of the sixth verbal conference held between the Plenipoten- tiaries of Colombia, Central America, Peru, and the United Mexican States at Panama, on the V2th of July, 1826. All the Plenipotentiaries were present. The Conference was called to order at 12.15 p. m. The protocol of the preceding session was read and approved. The provisional agreement referred to in article 2 of the " convention on contingents," left pending in the preceding session, was read and discussed. The Plenipotentiaries of Central America explained the dif- 179 Acuities which their own government would find for fulfilling the obligations which said agreement imposes upon it; said difficulties being in substance on the one side the scarcity of funds, and on the other side the lack of means on the Atlantic coast for the transpor- tation of troops, it being almost impossibile to send them by land, at enormous distances, to the invaded places when they were needed. The plenipotentiaries of the United Mexican States agreed to the provision, with the understanding that whenever their government should need the assistance of Central America only troops would !«■ asked for, said troops to lie sent by land, by the shortest route, to the place of destination. The other plenipotentiaries stated that this method, as well as every- thing relative to the wisdom, advisability, and facility of mutually asking and lending assistance herein provided for should be left to the respective governments, which would make them the subject of special agreements. Nevertheless it was resolved that an article should be drafted, and it was drafted to that effect. Said article, and all others to article 14, were approved. The discussion of the "convention on contingents" was resumed, and all its articles, from article 3 to article 10, were approved. It was re- solved that everytlung agreed to in regard to the confederate navy should be set forth separately and added to this agreement Article 11 and the following to article IT inclusive were read and approved, it being understood that nothing said in article 16 in regard to the total appropriation of the prizes shall be construed as depriving the States where the prizes are to be sold of the right of collecting such import dues and municipal taxes as may be established. In regard to the first part of article 16, the plenipotentiaries of the United Mexican States and of Central America set forth that the agreement therein referred to can not be negotiated at present, be- cause it involves the determination of certain points of public law, on which they can not pass any opinion until specially instructed on the subject by their own governments. Articles 17, 18. 19, 30, 31, 22, 33, and 34 of the said convention were then read and approved. P. Gual. P. Briceno Mendez. Antonio Larrazabal. Pedro Molina. M. L. Vldaurre. Manuel Perez de Tudela. J. M. MlCHELENA. JOS DOMINGUEZ. VII. Protocol of the seventh verbal conference In hi between Ike Plenipo tentiaries of Colombia, Central America. Pern, and the United Mexican States at Panama, on the 13th of July, 1826. All the plenipotentiaries were present. The Conference was called to or ler at 11 o'clock a. m, 180 The protocol of the preceding session was read and approved. The articles relating to the separate agreement referred to in article 10 of the project of convention for a confederate navy, were presented. Said article, and the following to article 22, which is the last, were approved. The chairman stated that Colonel Van Veer had requested him to tell the assembly that His Majesty the King of The Netherlands had instructed him privately to come to Panama, and express in his name to the plenipotentiaries attending this Congress his earnest and sincere wishes for the happiness of the allied Republics; that he had been or- dered by His Majesty to reside wherever the assembly should hold its sessions: that His Majesty had not as yet made a formal recognition of the independence of the new American States, formerly Spanish colonies, because such a recognition was not of great importance for the said States, and because His Majesty desired not to disturb in any way, for the time being, the relations of harmony in which His Majesty was with the other powers of Continental Europe; that His Majesty had nevertheless appointed two consuls-general, one for Colombia and an- other for Mexico, and that it was probable that some public character should be given also to Mr. Van Veer himself. Sefior Michelena said that Mr. Van Veer had made to him the same request; that he had received from the Minister of Holland at London a letter of recommendation of Mr. Van Veer; that when he was in London as Minister from Mexico the Government of Holland had ex- pressed to him its sentiments of consideration and esteem towards the allied Republics; and that he himself had appointed temporarily a con- sul of Mexico at the Netherlands, and that the Minister of that country had granted the exequatur. It was resolved that the same gentlemen who had been requested by Mr. Van Veer to make this verbal and confidential communication should assure him in answer, in the same way, of the high appreciation by the Assembly of the feelings of His Majesty the King of the Nether- lands; that as Mr. Van Veer has not presented any kind of credentials the Assembly can not have with him any formal intercourse; but that the Plenipotentiaries who compose the Congress will have no objection to frankly, communicate with him personally on any subject which might have a bearing, even indirectly, on the Netherlands, owing to the good qualities of Mr. Van Veer and the generous policy of His Majesty the King of Holland. Sefior Michelena stated that the occasion might again present itself for England to offer her mediation with Spain for the recognition of the independence of the American States which were formerly Spanish colonies. His Excellency related what had taken place on this subject between Mexico and England, owing to the proposition made by the latter to interpose her influence with Spain to secure peace, and said that the Mexican Government, acceding to this suggestion, had accepted the mediation. Sefior Michelena said further that when he was in 181 London as envoy extraordinary and minister plenipotentiary of Mexico, England continued negotiations in the same sense, although her plan was then that France should co-operate with the British Gov- ernment; that Mr. Villele, the French minister, who at first offered the mediation of his Government, changed his mind afterwards, and declared that nothing definite could he done until hearing from Mr. Samuel, who was then in America; that England had said then that whatever course France might take, she (England) would pursue the same line ■>!' policy, as she had done; that she had inquired from him (S. ifior Michelena) upon what basis the negotiation could be conducted, and that he had answered that tin.' first and principal condition was the full recognition of the absolute independence of the Americas; that the new- States would not ask for any indemnification; that Mexico would go as far as to ask nothing in payment of the debt of more than sixty millions of dollars which weighed upon the Republic and was caused by Spain ; and that some agricultural and ruining, and perhaps indus- trial, advantages might also be given Spain. His Excellency said finally that in the end the Spanish ( government refused to consider the matter at all, on the ground that even to touch it was unpopular and dangerous in Spain. Senor Tudela stated that Spain had sent to London secret agents for the purpose of negotiating for the recognition of the States of America upon the basis of a pecuniary indemnification, but that the Govern- ment of Peru had instructed its envoys at London not to accede to any treaty of peace upon such a basis, and confine themselves to grant S] lain some commercial advantages in Peru, but always upon the previous arrangement of an armistice. His excellency said further that every- thing having a bearing upon this subject must be brought before the Assembly, where the negotiations can be more speedily conducted. Senor Michelena. after having given in full his views on this subject . and shown its gravity and importance, stated that, as the occasion might present itself again for a mediation on the part of England, it was advisable for the Assembly to take the subject under considera- tion, so asto determine whether it was proper tore-open the interrupted negotiations, with the concurrence of all the allies, ami without con- tracting, for the time being, any obligation as to granting any special advantages to Spain, but requiring an armistice to be arranged during the negotiations. The Assembly resolved to consider this matter on the following day. P. Gual. P. Briceno Mendez. Antonio Larrazabal. Pedro Molina. M. L. Vidaurre. Manuel Perez de Tudela. J. M. Michelena. Jose Dohinguez. 182 Protocol of the eighth verbal conference held between the Plenipoten- tiaries of Colombia, Central America, Peru, and the United Mexican States at Panama, on the 14£7i of Jidy, 1826. All the Plenipotentiaries were present. The Conference was called to order at half past 11 o'clock a. in. The protocol of the preceding session was read and approved. The discussion on the mediation of England to make peace with Spain, as suggested by Senor Michelena, was continued ; and after a long de- bate it was resolved to postpone consideration of the subject, until the next meeting, the Plenipotentiaries being requested, however, to bring each one in a definite and concrete form a statement of his ideas on the subject. P. Gual. P. Briceno Mendez. Antonio Laeeazabal. Pedro Molina. M. L. Vidaurre. Manuel Perez de Tudela. J. M. Michelena. Jose Dominguez. IX. Potocol of the ninth verbal conference heldbetween the Plenipotentiaries of Colombia, Central America, Peru, and the United Mexican States at Panama, on the Uth of Jidy, 1826. All the Plenipotentiaries were present. The Conference was called to order at 9 o'clock p. m. The protocol of the preceeding session was read and approved. The pending discussion on the mediation of England for peace with Spain was resumed ; and as several opinions were presented, and no agreement was reached as to the basis on which the negotiation was to be conducted, because the Plenipotentiaries had no instructions what- ever from their governments in regard to this point, it was resolved that said instructions should be asked for, and that in the mean time each one of the allied Republics would be at liberty to make such efforts as might be proper for securing peace, as provided by article 10 of the treaty of league, as if said treaty had been ratified, and was therefore binding upon all. Pedro Gual. P. Briceno Mendez. Manuel Perez de Tudela. M. L. Vidaurre. Antonio Larrazabal. Pedeo Molina. J. M. Michelena. Jose Dominguez. 183 x. Protocol of the tenth verbal conference held between the Plenipotentia- ries of the Republic* of Colombia, Central America, Peru, and the United Mexican states, at Panama, on the 15th of July, 1826. All the Plenipotentiaries were present. The conference was called to order at 12 o'clock m. The protocol of the preceding session was read and approved. The treaty of league, the convention on contingents, the agreement as to the place and period for the meeting of the assembly and the manner and order thereof, and the provisional agreement made on the Army and Navy, in pursuance of the convention aforesaid were read and carefully revised, and signed and sealed. It was resolved that the provisional agreement just mentioned be kept secret, and transmitted to the Governments marked "confidential." Taking into consideration that in the long and protracted private con- ferences held by the Plenipotentiaries for the purpose of framing the treaties, no time was left for making a proper record of all that then transpired, and that in order to hasten the ratification of said treaties the respective Governments must be furnished complete information relat- ing thereto, it was further resolved that Senores Briceno, Molina, and Vidaurre be requested respectively to take personally the said treaties to their respective Governments, and furnish them verbally all the in- formation desired. It was further resolved that the President be requested to inform Mr. Dawkins that the assembly will meet hereafter at the City of Tacubaya, one league distant from the City of Mexico; that identical information be given to the Government of Colombia; that the Colom- bian Government be thanked for the hospitality and courtesy shown to the assembly; and that a communication of the same nature be ad- dressed by one of the secretaries to the authorities of this city. Then at 11 o'clock p. m., the Assembly adjourned to meet again in due time at Tacubaya, as resolved. Whereupon the plenipotentiaries stated to each other the satisfaction felt by them in having attended a conference in which such great fraternity, frankness, and most pure love for the public good had prevailed, and expressed their wishes that the same uniformity of feelings and the same cordiality for securing the common benefit should prevail also in the future meetings of the assembly. Pedro Goal. Manuel Perez de Tudela. P. Briceno Mendez. M. L. Vidaurre. Antonio Larrazabal. Pedro Molina. J. M. Michelena. Jose Dominguez. 184 Treaty of perpetual union, league, and confederation between the Re- publics of Colombia, Central America, Peru, and the United Mexi- can States. In the Name of Almighty God, Author and Law-giver of the Universe: The Republics of Colombia, Central America, Peru, and the United Mexican States, desiring the more firmly to bind their present intimate relations and to cement in the most solemn and stable manner those which should hereafter exist between them, which well becomes nations having a common origin, that have fought in unison to secure the ben- efits of liberty and independence, in the possession of which they now happily find themselves, and are firmly resolved to continue, confiding to this end upon the assistance of Divine Providence, which has so visibly protected the justice of their cause, have decided to duly ap- point and commission ministers plenipotentiary, who, after meeting and coming together in this assembly, should agree upon the means of making so salutary an undertaking perfect and enduring. To this end the said Governments have conferred full powers upon the following, to wit: His excellency the Vice-President, acting Chief Executive of the Republic of Colombia, upon the most excellent Senores Pedro Gual and Pedro Bricefio Mendez, brigadier-general of the armies of said Re- public. His excellency the President of the Republic of Central America, upon the most excellent Senores Antonio Larrazabal and Pedro Mo- lina. The excellent the council of Government of the Republic of Peru, upon the most excellent Senores Don Manuel Lorenzo de Vidaurre, president of the supreme court of justice of the said Republic, and Don Manuel Perez de Tudela, attorney-general of the said court. His excellency the President of the United Mexican States, upon the most excellent Senores Don Jose Mariano Michelena, brigadier-gen- eral and Don Jose Dominguez, chief justice of the supreme court of justice of the State of Guanajuato. Who, after having duly exchanged their respective full powers, and f ound them to be in good and sufficient form, have agreed upon the ar- icles following: Article 1. The Republics of Colombia, Central America, Peru, and the United Mexican States, do mutually ally and confederate them- selves in peace and war*, and contract to this end a perpetual compact of friendship, firm and inviolable, and a union intimate and binding with all and each of said parties. Article 2. The object of this perpetual compact will be to maintain in common, defensively and offensively, should occasion arise, the sov- 185 ereignty and independence of all and each of the confederated powers of America against foreign subjection, and to secure to themselves from this time forward the enjoyment of unalterable peace, and to pro- mote in this behalf better harmony and good understanding as well be- tween the countries, citizens, and subjects, respectively, as with the other powers with which they should maintain or enter into friendly relations. Article 3. The contracting parties obligate and bind themselves to mutually defend themselves against every attack which shall endanger their political existence, and to employ against the enemies of the in- dependence of all or any of them all their influence, resources, and naval and land forces, in the proportion which, according to the separate ci invention of equal date, each is bound to contribute to the maintenance of the common cause. ARTICLE 4. The contingents of troops, with all their trains a nd trans- ports, provisions, and the funds which some of the confederated powers are to contribute to the defense of another or others, shall freely pass and repass over the territory of any of them which may lie between the power threatened or invaded and that coming to its aid, but the Government to which the troops and assistance belong will give due notice thereof to the power through whose territory they have to pass, in order that the latter may designate the line of march to be followed, which, however, must be by the shortest, most convenient, and popu- lated route, and all the costs incurred for provisions, baggage, and forage shall be at the expense of the government to which the troops belong. Article 5. War-ships of all kinds and fleets of whatever number and grade of vessels belonging to one or more of the contracting parties shall have free ingress and egress to and from the ports of all and each of them, and they shall be properly protected against attacks of com- mon enemies, remaining in said ports the time their commanders or captains believe necessary; and the said commanders or captains u ilh their officers and crews shall be responsible to the Government of their dependence with their persons and property for any violation of the laws and regulations of the port they may be in. the local authorities being empowered to prevent their leaving their vessels, whenever any cause for complaint shall arise. Article 6. The contracting parties bind themselves moreover to give all the assistance in their power to tl.eir war and merchant vessels arriving at the ports of their possessions through stress of weather or any other unfortunate cause, and in consequence they may make repairs and take on provisions; and, in cases of common wars, arm themselves, increase their armament and crews until in condition to continue their voyages or cruises, all at the expense of the power or individuals to whom said vessels belong. ARTICLE 7. In order to prevent the depredations which privateers may commit on domestic or foreign commerce, it is agreed that in every 186 case of common war the jurisdiction of the prize courts of all and each of the allied powers shall extend to privateers sailing under the colors of either of them, according to the laws and statutes of the nation to which the privateer or privateers belong, whenever there are strong indications of excesses having been committed against the commerce of friendly or neutral nations; it being well understood that this stipula- tion shall continue only until such time as the contracting parties decide by mutual agreement on the total abolition of the privateer. Article 8. In case of a sudden invasion of the territories of the con- tracting parties, any one of them may take up arms against the invad- ers, whenever circumstances do not permit coming to an arrangement with the sovereignty of said territories; but the party thus acting must cause the laws and statutes of the invaded power to be complied with, and its Government obeyed, so far as the circumstances of war shall permit. Article 9. It is hereby agreed that fugitives from one territory to another, and from a war or merchant vessel to the territory or vessel of another, if they be soldier or sailor deserters of whatever kind, shall be delivered over immediately and at all times by the courts or authorities within whose jurisdiction the deserter or deserters may be; but the delivery must be preceded by a demand by an officer in case of deserters from the army or navy, and that of the captain, master, supercargo, or person interested in the vessels in case of merchantmen, o-iving a description of the party or parties, the name, and that of the body or vessel from which he or they shall have deserted, and pending delivery they may be lodged in public prisons until the delivery in due form is verified. Article 10. The contracting parties, the better to identify their in- terests, here expressly agree that no one of them shall make peace with common enemies of their independence without including therein specifically all the other allies; in the intelligence that in no case, and under no pretext whatever, shall any of the contracting parties ac- cede in the name of the others to any propositions not having for basis the full and absolute recognition of their independence, nor to demand for contributions, subsidies, or exactions of whatever kind, by way of indemnity or otherwise, each of said parties reserving the right to accept or reject proposals for peace with its customary for- malities. Article 11. The contracting parties desiring more and more to strengthen and make closer their fraternal bonds and relations by means of frequent and friendly conferences, have agreed and do agree to meet every two years in time of peace, and every year during the present and future common wars, in a general assembly composed of two ministers plenipotentiary on the part of each party, who shall be only authorized by the necessary full powers. The time and place of meeting, and the form and order of the sessions are expressed and arranged in a separate agreement of equal date. 187 Article 12. The contracting parties specially obligate and bind themselves, in case the general assembly shall meet at any place within their territories, to extend to the plenipotentiaries composing it, all the assistance that hospitality and the sacred and inviolable character of their persons demand. Article 13. The principal objects of the general assembly of min- isters plenipotentiary 'if the confederated powers are: First. To negotiate and conclude between the powers it repre- sents all such treaties, conventions, and arrangements, as may place their reciprocal relations on a mutually agreeable and satisfactory foot- ing. Second. To contribute to the maintenance of a friendly and unalter- able peace between the confederated powers, serving them as a council in times of great conflicts, as a point of contact in common dangers, as a faithful interpreter of the public treaties and conventions con- cluded by them in the said assembly, when any doubt arises as to their construction, and as a conciliator in their controversies and differences. Third. To endeavor to secure conciliation, or mediation, in all ques- tions which may arise between the allied powers, or between any of them and one or more powers foreign to the confederation, whenever threatened of a rupture, or engaged in war because of grievances, seri- ous injuries, or other complaints. Fourth. To adjust and conclude during the common wars of the con- tracting parties with one or many powers foreign to the confederation all those treaties of alliance, concert, subsidies, and contributions that shall hasten its termination. Article 14. Neither of the contracting parties shall conclude treaties of alliance or league, perpetual or temporary, with any power foreign to this confederation without previously consulting the other allies composing it or that hereafter may compose it, and obtaining in this behalf their express assent or denial in the case mentioned in the fol- lowing article. Article 15. Whenever any of the contracting parties shall deem it advisable to form alliances, perpetual or temporary, for special purpi ises and for special causes, the Republic having to make these alliances shall first endeavor to negotiate with her sisters and allies; but in case these for any cause refuse their assistance or can not provide the nec- essary aid, the former shall be at liberty to seek it wherever it can be obtained. Article 16. The contracting parties solemnly obligate and bind them- selves to amicably compromise between themselves all differences now existing or which may arise in the future, and in case no settlement can be reached between the disagreeing powers the question shall be taken for settlement to the judgment of the assembly, whose decision shall not be obligatory, however, unless said powers shall have ex- pressly agreed that it shall be. 188 Article 17. Whatever complaints for injuries, serious damage, or other grounds there be that one of the contracting parties can bring against another or others, neither of them shall declare war, nor order acts of reprisal against the Republic believed to be the offender with- out first submitting its case, supported by the necessary documents and proofs, with a detailed relation of the acts complained of to the con- ciliatory decision of the general assembly. Article 18. In case any one of the confederated powers deem it ad- visable to declare war or commence hostilities against any power for- eign to this confederation, it shall first solicit the good offices, interpo- sition, and mediation of its allies, and these are bound to employ them in the most efficacious manner possible. If the interposition be una- vailing the confederation shall declare whether or not it embraces the cause of the confederate; and even though it shall not embrace it, it shall not, under any pretext or reason ally itself with the enemy of the confederate. Article 19. Whichever of the contracting parties that in violation of the stipulations of the three sections preceding shall commence hostilities against another, or that shall fail to comply with the decis- ions of the assembly, having previously submitted to them, shall be excluded from the confederation, and shall not again belong to the league except by the unanimous vote of the parties composing it favoring such re-instatement. Article 20. In case any of the contracting powers asks the assem- bly for its opinion or advice upon any question or serious matter, the assembly shall give it with all the frankness, interest, and good faith demanded by fraternity. Article 21. The contracting parties solemnly obligate and bind themselves to uphold and defend the integrity of their respective ter- ritories, earnestly opposing any attempt of colonial settlement in them without authority of and dependence upon the Governments under whose jurisdiction they are, and to employ to this end, in common, their forces and resources if necessary. Article 22. The contracting parties mutually guaranty the integ- rity of their territories as soon as, by virtue of special conventions concluded between each other, their respective boundaries shall have been determined; and the preservation of these frontiers shall then be under the protection of the confederation. Article 23. The citizens of all of the contracting parties shall enjoy the rights and privileges of citizens of the Republic, whatever it is. in which they reside, if after having declared their desire to assume this character before the competent authorities according to the law of each of the allied powers, they shall make oath of allegiance to the consti- tution of the nation they adopt, and as such citizens they shall be en- titled to all the employments and distinctions to which the other citizens are entitled, excepting always those which the constitution reserves to natural-born citizens, and subject in his choice of the rest 189 to the time of residence and requisites demanded by the laws of each particular power. Article 24. Should a citizen or citizens of one allied Republic pre- fer to remain in the territory of another, retaining always his character c >f a citizen of the country < >f his birth or adoption, said citizen or citizens shall enjoy equally all the rights and privileges of natural-born citizens in any territory of the contracting parties in which he shall reside in so far as the administration of justice and the corresponding protection to his person and property is concerned: and, consequently, under no pretext whatever shall the practice of his profession or occupation be denied him, nor the disposition during life or by last will and testa- ment of his real and personal property, as he sees fit, subject in all cases to the same charges and laws as natural-born citizens of the ter- ritory where he resides. Article 25. In order that the contracting parties shall receive all possible compensation for the services mutually rendered in this alli- ance, they have agreed that their commercial relations be regulated in the next assembly; in the mean while the relations at present existing between some of them by virtue of previous stipulations will continue. Article 26. The powers of America, whose plenipotentiaries shall not have been present at the negotiation and signing of the present treaty, may, notwithstanding the provisions of Article 14, become a party to the present confederation within one year from the ratification of this treaty and of the convention on contingents concluded on this date, without demanding modifications or changes of any character, and in case of desiring or proposing any alteration it shall be submitted to the vote and decision of the Assembly, which shall not consent to the change unless the amendments proposed do not alter the substance of the basis and object of this treaty. Article 27. The contracting parties obligate and bind themselvesto co-operate for the complete abolition and extirpation of the African slave trade, maintaining their present prohibitions of such a trade in all their force and vigor : and to accomplish so salutary an undertaking they agree further to declare, as they declare among themselves, in the most solemn and positive manner, the slave traders sailing from the coasts of Africa under the flag of any of the said contracting par- ties guilty of the crime of piracy, under the conditions which will be specified hereafter by special convention. Article 28. The Republics of Colombia. Central America. Peru, and the United Mexican States, upon so firmly and powerfully iden- tifying their principles and interests in peace and war, formally declare that the present treaty of perpetual union, alliance, and co-operation does not in any wise interrupt nor shall it interrupt the exercise of the sovereignty of each of them as regards theirforeign relations in so far as they do not conflict with the tenor and letter of said treaty. Article 29. In case any of the parties should substantially change its present form of government it shall, by that act, be excluded from 190 the confederation and its Government shall not be recognized, nor shall it be re-instated in said confederation except by the unanimous vote of all the parties then constituting it. Article 30. The present treaty shall be binding in all its parts and effects as long as the allied powers are engaged in the present or any other common war, without any change whatever in any of its articles and clauses, except by resolution of all of said parties in the General Assembly, being subject to be bound by whatever measure the majority consider necessary for its enforcement ; but peace once assured the allied powers may revise this treaty in the said Assembly, and make therein the changes and modifications the circumstances may demand and they deem necessary. Article 81. The present treaty of perpetual union, alliance, and confederation shall be ratified and the ratifications shall be exchanged in the town of Tacubaya, a league distant from the City of Mexico, within a period of eight months, reckoned from tins date, or before, if possible. In testimony whereof the Ministers Plenipotentiary of the Republics of Colombia, Central America, Peru, and the United Mexican States have signed and sealed these presents with their respective seals, in this city of Panama, on the 15th day of the month of July in the year of our Lord 1826. [l.s.] Pedro Gual. [l. s. ] Pedro Briceno Mendez. [l.s.] Pedro Molina. [l.s.] Antonio Larrazabal. [l.s.] Manuel de Vidaurre. [l. s. ] Manuel Perez de Tudela. [l. s. ] Jose Mariano de Michelena. [l.s.] Jos£ Dominguez. Additional article. Whereas the contracting parties ardently de- sire to live at peace with all the nations of the universe, and avoid any cause for displeasure which might grow out of the exercise of their legitimate rights in peace and war, have further agreed, that as soon as the ratification of this treaty is obtained, they shall proceed to fix by common agreement all those points, rules, and principles that are to govern their conduct in both cases, to which end they shall again invite all friendly and neutral powers to take an active part in such negotia- tion, should they deem it advisable, and meet through, their plenipo- tentaries to adjust, conclude, and sign the treaty or treaties that may be made regarding so important an object. The present additional article shall have the same force as though it had been inserted, word for word, in the treaty to-day signed. It shall be ratified and the ratifications shall be exchanged within the same period. In testimony whereof the respective Ministers Plenipotentiary have 191 signed it and affixed their respective seals, in this city of Panama, on the 15th day of the month of July in the year of our Lord 182(3. [d.s.] Pedro Gual. [l.s.] Pedro Briceno Mendez. [l.s.] Antonio Larrazabal. [l.s.] Pedro Molina. [l.s.] Manuel de Vidaurre. [l.s.] Mangel Perez de Tudela. [l.s.] Jose Mariano Michelena. [l.s.] Jose Dominiguez. Agreement referred to in. Article 11 of the treaty of perpetual confed- eration, signed on this date by the Ministers Plenipotentiary of the Rejmblics of Colombia. Central America, Peru, and the United States of Mexico. The undersigned. Ministers Plenipotentiary of the Republics of America, met together in the General Assembly of Panama pursuant to the stipulations of Article 11 of the treaty of league signed on this date, have adjusted and concluded the agreement following: First. This Assembly shall move to the town of Tacubaya, one league distant from the City of Mexico, where it shall continue to hold its sessions, and it shall periodically meet there, or at any other point of the Mexican territory, so long as reason and circumstances shall not demand its removal to another locality having the same advantages of healthfulness, security, and good location for communication with the nations of Europe and America. Second. The Governments shall maintain their legations complete in the locality of the meeting of the assembly for the period <>f three months, extendible two more; but during a common war they shall keep those legations all the time in the territory of the Republic where the assembly is gathered. Third. The assembly shall receive as signatory ministers only such persons as have the character of at least ministers plenipotentiary, and as such they shall be received and considered in accordance with estab- lished practices, addressing them with the same titles as their respective Governments do in their official communications. Fourth. The ministers having met and the powers of the newly arrived having been exchanged, there shall lie observed, as regards pref- erence and the presidency, the same method as was chosen by the present assembly, renewing upon the opening of the conferences the operation of drawing lots which is recorded in the protocols. Fifth. The ministers of the Republic where the sessions are held shall give notice to their Government, through its respective minister, of the successive arrival of the plenipotentiaries, including a list of 192 their suites, so that thus apprised they as well as their families may be accorded and ordered to be accorded the rights, prerogatives, and im- munities which are customary and due to their representative and ex- alted character. Sixth. In order to avoid every cause of delay in the negotiation of the treaties, no ceremony at all shall be observed during such proceed- ings, and the plenipotentiaries shall meet whenever and wherever they may think best, without regard to rank. Seventh. The Government of the Republic where the assembly meets will provide, however, convenient and decent quarters where the con- ferences may be held, should the ministers so decide, and shall accord to said ministers all the assistance they need to procure lodgment. Eighth. At the place of meeting of the assembly during its sessions, no troops shall be quartered (unless at the request of the same assem- bly), nor shall any authority, however high it be, except the civil and municipal of the territory, enter therein. Ninth. The correspondence of the ministers only, and not that of their suites, shall be postage free in the post-offices of the Republic where the assembly meets. Tenth. So soon as the other powers of America shall have joined in the general assembly by means of their plenipotentiaries, this agree- ment may be reconsidered, so as to make therein the changes deemed advisable. In testimony whereof the undersigned have signed and sealed the present agreement in the City of Panama, on the fifteenth day of the month of July, in the year of our Lord one thousand eight hundred and twenty -six. [l. s.] Pedro Gual. [l. s.] Pedro Briceno Mendez. [l. s.] Antonio Larrazabal. [l. s.] Pedro Molina. [l. s.] Manuel de Vidaurre. [l. s.] Manuel Perez de Tudela, [l. s.] Jose Mariano de Michelena. [l. s.] Jose Dominguez. Convention on Contingents between the Republics of Colombia, Central America, Peru, and the United Mexican States. In the name of God, Author and Law-giver of the Universe: The Republics of Colombia, Central America, Peru, and the United Mexican States, desiring, pursuant to article 3 of the treaty of per- petual union, league, and confederation, signed this day, to co-operate as effectively as they ought against their common enemy, the King of Spain, until the course of events shall incline his mind to justice and 193 peace, of whose benefits they arc now deprived because of the stub- bornness with which said Prince endeavors to aggravate the evils of war ; and the said confederated powers being resolved to make all manner of sacrifices to put an end to so lamentable a state of things. employing in this behalf resources adapted to the present circumstances or those which may arise, have determined to adjust their respective contingents through their ministers plenipotentiary, met together in this assembly, appointed and named as follows: His excellency the Vice-President, acting Executive of the Republic of Colombia, the most excellent Senores Pedro Gual and Pedro Bri- ceno Mendez, brigadier-general of the armies of said Republic. His excellency the President of the Republic of Central America, the most excellent Senores Antonio Larrazabal and Pedro Molina. The excellent the council of Government of Peru, the most excellent Senores Don Manuel Lorenzo de Vidaurre, president of the supreme court of justice of the said Republic, and Don Manuel Perez de Tudela, attorney -general of the said court. His excellency the President of the United Mexican States the most excellent Senores Don Jose Mariano Michelena, brigadier-general, and Don Jose Domingnez, chief -justice of the supreme court of justice of the State of Guanajuato. Who, having mutually produced their full powers, and having found them in sufficient and due form, have agreed upon the articles follow- ing: Article 1. The contracting parties obligate and bind themselves to raise and maintain on an effective and complete war footing an army of 60,000 men, infantry and cavalry, in this proportion: The Republic of Colombia, 15,250: that of Central America. 6,750; that of Peru, 5,250; and the United Mexican States 32,750. One-tenth of thesequotas shall be cavalry. Article 2. The said 60,000 men shall be organized into brigades and divisions, armed, equipped, and ready in every way to take the field and act defensively and offensively, in accordance with the separate agree- ment arrived at by the contracting parties, in order that the troops shall have all the mobility possible, said separate agreement shall be as binding as if it had been inserted word for word in the present conven- tion. Article 3. The object of the contracting parties in confederating themselves being to diminish the sacrifices which each would have to make by itself in behalf of the common cause, and to afford each other all protection and aid, it is hereby agree I, that, in case one of the parties is invaded, the others shall come to its assistance, not only with the troops spoken of above, but also with a subsidy of $200,000 each, which shall be promptly placed at the disposition of the Government of the nation invaded, in the treasury of the ally having to provide it, either in coin or in bills of exchange, besides the other pecuniary assistance the contracting parties are ready to give each other recip- 563a— VOL 3 13 194 rocally, and which shall he agreed upon later, should it be necessary in view of the circumstances. Article 4. The contingents of troops shall be placed, should it be necessary to come to the defense of one of the contracting parties, under the direction and command of the Government they are going to assist; it being well understood that the allied forces are to preserve under their commanders the organization, order, and discipline of the country to which they belong. Article 5. Any of the contracting parties going to the assistance of another shall be bound during the campaign to feed, pay, clothe, re- place the reductions in their respective contingents, and pay the expense of transportation; but the assisted party shall treat them, with regard to quarters or lodgings and hospitals, as their own troops, and shall provide them with the munitions of war they may consume, and with the arms they need to replace those rendered useless during the opera- tions. Article 6. The provisions for the support of the allied troops shall be furnished by the respective Governments. If these can not furnish them, or consider it more convenient to obtain them from the country they are defending, the said Government is bound to furnish them at the same price and of the same quality as those of its own troops, making to this end the necessary arrangements and agreements for each campaign. Article 7. All the expenses incurred in the operations undertaken pursuant to the preceding articles, in defense of some of the contract- ing parties, and subsidies of any kind that may be given them, shall be made good after adjustment by the power receiving the assistance, two years after the end of the present war, and the conclusion of a final treaty of peace with Spain. Article 8. For the purpose of filling the vacancies in the contingents to be furnished by eac!i of the parties, it has been agreed that volunteers may be recruited in the country where operations are being carried on; but such recruits, being natural-born citizens of said nation, shall be entirely free, at the time of the withdrawal of the allied troops, to follow or not the flags under which they have enlisted: in every case, however, the balance in favor of or against the command shall be paid. Article 9. In case the contracting parties deem it advisable to take the offensive against the common enemy, beyond the territory of the allies, with the contingents of troops agreed upon in article 1, they shall agree among themselves as to the means to be employed, the object of the movement, the commander who shall direct the operations, and the temporary or permanent organization to be given to the country that shall be occupied, to the end that there shall be unison of action and success be assured. Article 10. The contracting parties, moreover, obligate and bind themselves to organize and to maintain a competent naval force, whose extent, class, distribution, and destination have been agreed upon sepa- 195 rately ; and for the carrying into effect of which they hereby appropriate the sum of $7,720,000, apportioned as follows: The Republic of Colom- bia, $2,205,714; that of Central America, $955,811; and the United Mexican States, $4,558,475. Article 11. The contracting parties further obligate and bind them- selves tn keep their respective vessels on a war footing, completely armed, manned, and provisioned correspondingly, which provisions should be replenished every six months, without the vessels being ever taken from the service they shall be engaged in. Article 12. The vessels of the allied navy shall carry the flag of the nation to which they belong, and their officers and crews shall be judged and governed by the respective laws and ordinances until such a time a,s the allies adopt by agreement an ordinance or general regula- tions to render the service uniform. Article 1:1 A board composed of three members appointed, one by the Government of the Republic of Colombia, another by the Republic of Central America, another by that of the United Mexican States shall have the direction and command of the naval force which shall be stationed on the Atlantic Ocean, and shall have the authority of a high military officer, or greater, should the said Governments deem it advis- able for the purpose of realizing the great objects agreed upon. Article 14. The members of the board of Directors of the naval forces of the confederation shall be appointed by the respective Govern- ments within twenty days after the ratification of the present conven- tion, and shall meet at the earliest opportunity for the first time in Carthagena, where they shall establish their headquarters, or change it to any other locality under the jurisdiction of one of the powers ap- pointing them, as they may deem it advisable for the greater success of the operations they may undertake, and the facility for communi- cations with the Governments of their dependence. Article 15. To the end that the said board of Directors shall have all the independence and liberty necessary to the fullest discharge of theirduties.it has been agreed, and is hereby expressly agreed, that each of its members shall enjoy all the privileges and immunities of a diplomatic agent, wherever he may be located. Article 1(5. The prizes captured by the naval force of the confed- eration shall be distributed intact among the officers, marines, and crew making the capture: the classification of prizes, the court where they are to be adjudicated, and the manner in which the distribution is to be made shall be regulated by a special agreement. Article 17. The repairs needed by the federated navy by reason of injuries received at sea or in war shall be made without distinction on the account ( if the said confederation, with the fund that for the purpose shall be apportioned among the contracting parties in proportion to their respective contingents, and shall be placed at the disposal of the board of Directors. And in order that it may have at once a fund available for the first repairs that may be necessary, there shall be delivered to it 196 upon its organization the sum of $300,000, being made up as follows: The Republic of Colombia, $85,000; the Republic of Central America, $37,146; and the United States of Mexico, $177,140. Article 18. In case any of the contracting powers should have in its service other armed vessels, or should arm any hereafter, not belonging to the confederated navy, and one or more of them should assist with one or more of the said navy in the capture of enemies, they shall share in all the benefits as though they belonged to it. Article 19. If upon concluding peace with Spain, as contemplated by this convention, the contracting parties should agree to disband the allied navy, the same vessels which each one contributed to its organiza- tion, according to the agreement referred to in article 10, or those which shall have replaced them according to the provisions of article 17, shall be returned to their original owner. Article 20. For the purpose of protecting the coasts of the contract- ing parties on the Pacific Ocean, it has been agreed that the Peravian Republic shall maintain constantly thereon, on the same war-footing above set forth, a fleet composed and made up of two squadrons in the manner provided for separately, and said fleet shall be directed and maintained by its Government, with entire independence of the board of direction. Article 21. By virtue of the provisions of the preceding article it is further agreed that the Republic of Peru shall not be included either in the burdens or the advantages stipulated for the powers assisting in the organization of the naval forces on the Atlantic Ocean, under articles 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of this convention; it being well understood that if fortunate events permit the powers which fitted up the Atlantic squadron to be re-imbursed of their expenses, then the Republic of Peru shall also be re-imbursed, subsequently to them, of the expenses she may have incurred on the Pacific Ocean; and in the same way, if the Republic of Peru succeeds in reimbursing herself of the expenses incurred on the Pacific coast, the balance shall be set aside for distribution among the allied powers on the Atlantic. Article 22. The American powers adhering to the treaty of per- petual union, league, and confederation, of this date, in the terms prescribed in article 25 of the same, shall also furnish their contingents on land and sea, in the same proportion as the other allied powers, and they shall be added to those already designated. Article 23. The duties and obligations to which the contracting par- ties have bound themselves by the present convention on contingents relating to the present war in which they are engaged against the King of Spain, shall be understood as applicable to any other war they shall agree to sustain in common, if upon declaring it the parties agree upon them. Article 24. The present convention shall be ratified, and the ratifi- cations shall be exchanged in the town of Tacubaya within a period of eight months, or before, if possible, 197 In testimony whereof the Ministers Plenipotentiary of the Republics of Colombia, Central America, Peru, and the United Stales of Mexico have signed and sealed these presents with their respective seals in this city of Panama, on the fifteenth day of the month of July, in the year of our Lord 1826. [l. s.] Pedro Briceno Mendez. [l. s.] Pedro Gual. [l. s. ] Antonio Larrazabal. | l. s. 1 Pedro Molina. [l. s.] Manuel de Yidaurre. [l. s.] Manuel Perez de Tudela. [l. s.j Jose Mariano de Michelena. | i„s. ] Jose Duminguez. Agreement referred to in article 2 of the convention on contingents e held in reserve to replace tin- second in turn. Article 2. As the object of the three corps spoken of is not only to go to the assistance of the ally invaded, hut also to defend the territory of the power that must furnish them, each Government may locate the second and third corps where it deems most advisable, so long as in its judgment they shall be in a position to replace each other suc- cessively, or to combine with the first in case of urgent need. ARTICLE 3. The contingents shall not he due except in case the in- vasion is serious: that is to say. exceeding five thousand men actually landed, attempting or taking possession of some strong point or forti- fication on the coast, or should have penetrated the country to the dis- tance of thirty leagues. Article 4. In case the invasion exceeds five thousand up to ten 198 thousand men, each ally shall contribute to the assistance of the in- vaded the sixth part of its contingent, or the half of the first corps. Should the invasion be greater than from ten to fifteen thousand men, the full first corps shall be contributed. And should it exceed this latter number up to twenty-five thousand or more, the contingent shall consist of the first two corps. The full complement of each contin- gent shall only be furnished when the successes attained by the enemy render probable the subjugation of the power invaded. Article 5. In case two or more allies shall be invaded simultane- ously, the assisting forces of the rest shall move to the defens. of that where the enemy has carried the greatest forces, unless otherwise re- solved in the Assembly. Article 6. In case one of the allied powers should have inimical forces in sight threatening disembarkation, and whose number should portend a serious invasion, at the same time that it receives the notice requiring the contingent in favor of others of the allies, the former may withhold the dispatching of its troops, and shall not be boimd to give its equivalent in coin; but it shall reply, stating the fact, and in the event of the removal of the threatened danger the obligation shall be renewed. Article 7. The cavalry corresponding to each contingent shall move with saddles, bridles, and other equipments, the necessary horses being at the expense of the party assisted while in its service. Article 8. The artillery force of each contingent is left to the pru- dence of the several Governments, and shall not be furnished except in case the invaded ally shall expressly request it. In such case the invaded ally shall provide the horses necessary for the train and trans- portation while in its service. Article 9. The power invaded shall request the assistance each ally should give according to the proportion above established, and the ally called upon shall either put its contingent in march within sixty days, reckoned from that of receipt of notice, or offer, in reply, the equiva- lent spoken of in the next article. Article 10. Whenever any of the contracting parties shall fail to respond promptly with the contingent correspondi g to it within the time prescribed by the preceding article, it shall pay monthly to the power invaded the sum of thirty dollars for each man due, which pay- ment shall be made at the end of every month. Article 11. In case the ally called upon can not respond with troops. but with the equivalent sum, according to the preceding article, it shall so state immediately, in order that the ally invaded can draw upon it for the amounts accrued monthly; it being well understood that the obligation to pay the equivalent in coin shall begin seventy days from the receipt of the notice of requisition. Article 12. Whenever a Government shall have to make a payment of any sum to another of the allies for the assistance which should be giveu according to this agreement and article 3 of the convention as 199 to contingents, it shall be done in cash or in bills of exchange on the banks of the United States of the North or of London. ARTICLE 13. As it is impossible to comprehend in an agreement all the details of a plan of operations winch depend upon that which cadi power shall adopt for its own defense, taking into account its points and resources, the allies shall agree among themselves separately upon all these details. Article 14. As it can well happen that one of the allies being called upon by another to furnish its contingent in troops can not, for want of transports, place them in the invaded territory, notwithstanding their state of readiness therefor, it is agreed that the difficulties being insurmountable or extremely burdensome to the allied State, after it has made every effort and has heard the means suggested to it by the diplomatic agent of the State asking assistance, the party called upon shall not be obligated to pay the equivalent in money; and should any difference arise between the power requesting the assistance and that which should give it. the same course shall be followed as has been agreed upon touching the settlement of all differences. Part Second— Relating to the Confederated Navy. Article 15. The object of this part of the agreement being to gain naval superiority over the present common enemy, it has been agreed that the confederated navy shall consist of three battle-ships of from 70 to 80 guns ; six frigates of from 44 to 64 ; 8 corvettes of 24 to 34 : 6 brigantines of from 20 to 24, and one sloop-of-war of from 10 to 12 guns, the cost of these vessels being estimated, striking an average of the gun capacity, at $700,000 for a war-ship ; #420,000 for a frigate ; #2(10.000. a corvette, and #90,000 a brigantine. Article 1(5. Therefore each of the Powers constituting the Atlantic Navy shall furnish the contingents assigned them in the treaty, with the following vessels : Colombia, one battle-ship of from 74 to 80 guns ; two frigates of 04, and two of 44; Central America, one frigate of from 44 to 64, one corvette of from 24 to 34, and two brigantines of from 20 to 24 : the United States of Mexico, two battle-ships, of from 70 to 80 ; two frigates of 64, and two others of 44 ; six corvettes of from 21 to 34, and three brigantines of from '.'(I to 24 guns. Article 17. As the total of the cost of the vessels assigned to each power results in those of Colombia exceeding by $164,286 the money quota due by it, it has been agreed that this excess lie paid with the $155,811 lacking in that of Central America, and the #M,(75 wanting in Mexico to fill theirs ; and as these two amounts added still show a deficit of #10,000 it has been agreed that Colombia deduct this amount from the first sum it shall have to pay to the repair-fund, according to Article 17 of the Treaty. Article 18. The objects to which the operations of the Confederated Navy shall be directed are : First, defend and protect the coasts and 200 seas of the said Republics against all foreign invasion ; and, second, to seek and follow. the Spanish navy to annihilation and destruction, wherever it may be found. Article 19. It shall be one of the principal cares of the Board of Direction that the vessels shall be always in the best condition for serv- ice, to which end it shall inform the several Governments monthly of the status of the repair-fund, in order that funds which have been used shall be replaced, or those needed in excess be transmitted. These re- imbursements and exchanges of funds shall be made always in the same proportion as the first $300,000. of which Article 17 of the Con- vention as to contingents speaks, were appropriated. Article 20. The Board shall organize the auditing department for the administration of the repair-fund, appointing the employes it shall seem absolutely necessary in the premises, and fixing the respective salaries, which shall be paid out of the said fund ; all under instruc- tions issued by the respective Governments, to which it shall give timely account of its actions. Article 31. The fleet the Peruvian Republic shall maintain in the Pacific Ocean, pursuant to Article 20 of the Convention, shall consist of the vessels which in the allotment in Article 16 of this agreement, are lacking to complete the total force designated in the loth, that is to say: one frigate, one corvette, one brigantine and one sloop-of-war; and the two cruising stations they shall constantly maintain are, one from the southernmost boundary of said' Republic to the port of Pan- ama, and another from this port to the northernmost limit of the United States of Mexico on the Pacific. Article 22. The present agreement may be revised and amended in whole or in part, whenever the allies deem it convenient. In testimony whereof the undersigned have signed and sealed the present agreement in the City of Panama, on the fifteenth day of the month of July, in the year of our Lord 1836. [l. s.] Pedro Briceno Mendez. [l. s.] Pedro Gual. [l. s.] Antonio Larrazabal. [l. s.] Pedro Molina. [l. s.] M. L. de Vidaurre. [l. s.] Manuel Perez de Tudela. [l. s.] Jose Mariano de Nuchelena. [l. s.] Jose Dominguez. The treaties above inserted did not meet by far the ex- pectations of Bolivar, nor did they correspond to the instructions which he had caused to be given to the Peru- vian Plenipotentiaries. Nevertheless, he submitted them for approval to the Peruvian Congress, and did not make any public display of his intense disappointment. 201 The Peruvian Congress did not grant the ratification. The Congresses of Mexico and Guatemala also refused it. Only Colombia approved of them, and this only partially. The movement therefore failed, and the relations between the American States remained in the condition in which they were before. Don Rafael Fernando Seijas, in his important work on the "International Spanish -American Law, Public and Private/' refers to this Congress in the following terms: " The subject has not only a historical interest. The necessity of union between these States is the aspiration of patriotism as strong now as when presented to the perspicacious mind of Bolivar. He saw l>e- forehand all its importance, and the students of history feel compelled to acknowledge the great foresight of that statesman. He desired to avoid the evils which might arise out of the intercourse of these new States with the great Powers ; he wanted to extinguish the germs of civil discord, to kill the spirit of revolt, to establish peaceful methods for the settlement of all disputes, and make them as far as possible'pow- erful, capable of all progress and aggrandizement, and equal, not for- mally and on the paper, but actually and practically, to the great nations of the world. " The plan failed ; only four Republic's were represented at Panama by their Plenipotentiaries, after not a few delays and embarrassments : others were absent either because of objection to the idea or owing to their being involved in internal discussions. The treaties and con- ventions there signed received the approval neither of the originator of the idea nor of the Legislatures of the parties represented at the capital of the Isthmus, with the exception of Colombia, and this fail- ure of ratification and exchange rendered them a dead letter. Not- withstanding the Ministers' agreement to continue the sessions at Tacubaya, owing to the unhealthfulness of Panama, and to meet thereafter every two years, they held no further conferences. The political disturbances of the years succeeding that of 1826 prevented the Liberator from again engaging himself in the undertaking, and from that time it was lost to sight. Shortly thereafter the great Colombia, the ally and intimate friend of Peru, to whom the latter owed her freedom, found herself involved with this sister in the war which terminated with the battle of Tarqui. The destruction of the great Republic succeeded. The peace between Venezuela and the other two sections was exposed to grave dangers, and the latter in reality did break out in hostilities. While these events were taking place the chosen son of Caracas passed away, his last words to the Colombians showing the deep conviction he retained to the end of his days of the excellence of a close union of the American nation."* * Seijas— El Derecho internacional hispano americano. Vol. I, page T. 202 II. THE CONGRESS OF LIMA OF 1847. The failure of the Congress of Panama did not prevent the nations of America from again making an effort in favor of unification of their interests, and in promotion of their common safety and welfare. Five years after the return of the Panama plenipoten- tiaries to their respective homes the Government of Mexico extended an invitation to the American Republics to meet in a new Congress, either at Tacubaya, Panama, or Lima. But this invitation, made under date of March 13, 1831, was not accepted, or if accepted, never carried into effect. Five years later, on December 18, 1838, Mexico repeated her efforts in that direction, and urged Venezuela to join her in persuading the other nations of the New World to hold the Conference to which they had been invited in 1831, and carry its programme into execution. That pro- gramme was— The union and close alliance of the new States for the purposes of defense again foreign invasion, the acceptance of friendly mediation of the neutral States for the settlement of all disagreements and dis- putes of whatever nature which might happen to arise between the sister Republics, and the framing and promulgation of a code of public law regulating their mutual relations.* This recpiest was repeated by Mexico August 6, 1839, and April 2, 1840;f and although it seems that the Gov- ernment of New Granada answered to the Government of * Torres Caicedo. — Union Latino-americana, p. 43. I This persistency in the efforts of Mexico caused a distinguished writer (Don Ramon Sotomayor Valdes) to say that the idea of an In- ternational Congress, which had been Bolivar's favorite scheme, took firm possession of the minds of Mexican authorities Qiabia ido a po- sarse en la cabeza del Gobierno mexicano) who made strenuous efforts to assemble on Mexican soil the representatives of the Spanish-Ameri- can Governments, and offered them a palace in the picturesque town of Tacubaya, at about 3 miles from the City of Mexico. — (Historia de Chile durante loscuarenta anos transcurridosdesde 1831 hasta 1871, por Don Ramon Sotomayor Valdes, vol. I, p. 387.) 203 Mexico (1840), accepting the invitation with enthusiasm, and suggesting Tacubaya as the best place for the holding of the Conference, nothing further was done and the pro- ject continued to be unexecuted. But at last, in 1847, the Republics of Bolivia, Chili, Ecuador, New Granada, and Peru decided to carry out the idea and meet in a Conference at Lima for the purpose of " maintaining their independence, sovereignty, dignity, and territorial integrity, and of entering into such other compacts as might be conducive to pi'omote their com- mon welfare." They also bound themselves to allow all the other American Republics who should be willing to join them in the deliberations to do so a1 any time, or ad- here to their agreements. The first meeting of this "American Congress," which decided to extend an invitation to the Qnited States, was held at Lima, on the 11th of December, 1847, Bolivia being represented by Sehor Don Jose Ballivian; Chili, by Senor Don Jose' Benavente; Ecuador, by Senor Don Pablo Merino; New Granada, by Senor Don Juan Francisco Martin-, and Peru, by Sehor Don Manuel Ferreiros. Between the 11th of December, 1847, and the 1st of March, 1848, in which the Congress adjourned sine die, nineteen meetings were held. * As their protocols and the papers an- nexed to them are rather voluminous, and have been printed in the book of Senor Torres Caicedo,f which is comparatively easy to consult, the insertion thereof in these notes has been deemed unnecessary. On the other hand, the interest purely historical which those documents nave, since no practical results were reached by the deliberations which they witnessed, is by no means so great as to justify an inconsiderate increase of this work. The results of the labors of the Congress of Lima of 1847, says Se- nor Torres Caicedo, were a treaty of confederation, another of com- merce and navigation, a consular convention, and a postal treaty. The consular convention was approved by the Government of New Granada. All the other treaties became dead letter, * December 11, 16, 17, 20, 21, 23, 24, 28, 30, and 31, 1847; January 4, S, 10. 17, 18, 21 and 24 ; February 8, and March 1, 1848. f Union Latino-Americana, from page 111 to page 241. 204 Although, as it has been stated, the United States were invited to join the assembly, their presence there would not have been exactly within the scope of that Congress. It was intended exclusively to render the relations of the Spanish-American Republics with each other as close and as intimate as they could be; and nothing which was not of Spanish origin could come well within its jurisdiction. Nothing can be more natural, interesting, and necessary for the Spanish- American Republics [says the preamble of the draft of a treaty of confederation, which the plenipotentiaries of New Granada, Chili, and Bolivia submitted on the second meeting] than to put an end to the state of isolation from each other in which heretofore they have found themselves, devise efficient means to secure then: firm union for the purposes of defending their independence, sovereignty, dignity and interests, or arrrange (always by peaceful and friendly meth- ods) the differences and disagreements which may arise between them. They being bound to each other by the ties of a common origin, a com- mon language, a common religion, common customs, and the common cause for which they have struggled, as well as by their geographical position, the similarity of then institutions, and their analogous neces- sities and reciprocal interests, can not but consider themselves as parts of one and the same nation, which must unite their forces and their resources for removing all the obstacles which prevent the destinies assigned to them by nature and civilization from being accomplished. It can not be plainer, therefore, that the whole of this affair was purely Spanish-American, and that in it there was no proper room for the United States. On the other hand, the United States were then at war with Mexico. A curious incident, witnessed by the protocol of the last session, relative to the plan of Spain of turning the islands of Cuba, Porto Rico, and San Domingo into one monarchy or empire, more or less under her control or influence, de- serves attention. No better idea can be formed of it than by inserting the text of the protocol itself. It reads as follows : Protocol of the Conference held on the 1st of March, 1848, Seiior Jose Benavente, presiding. The plenipotentiaries of Bolivia, Chili, Ecuador, New Granada, and Peru having met together, the protocol of the Conference of February 8th ultimo was read and approved, and the protocols and other docu- ments which could not be signed at the previous session were signed. 205 The plenipotentiary from Ecuador said that lie had instructions from his Government to bring to the knowledge of the plenipotentiaries a. note from the Ecuadorian consul at Caracas, bringing the intelligence thai by reason of the war the United States are waging against Mexico the Spanish Government, by agreement with a great potentate and with Marie-Christine, proposes to convert the islands of Cuba, Puerto Rico, and the Spanish portion of San Domingo into a monarchy, and at the same time to unite on the continent the States which formed Colombia to establish an empire: that to carry this scheme into effect General Juan Jose Elores has been sent on this mission, and it appears that the purpose is to throw these countries into a shite of anarchy, so as to pre- sent to them as a peace-maker the monarch who is to rule them. The other plenipotentiaries stated that although it appears little probable that such a scheme to establish monarchies in America by the means indi- cated may be attempted to be carried out, nevertheless they re-iterate their statements in the Conference held on the 84th day of January, and they do not doubt that should any of the events there mentioned take place, their Governments would act in accordance with the stipulations of the treaty of confederation, so soon as through mutual communica- tions they shall recognize the necessity of doing it. There being no further business to engage the Plenipotentiaries, they have closed their Conferences by signing the present ami last of the protocols thereof. D. S. Benavente. Juan de Francisco Martin. Pablo Merino. Manuel Ferretros. Jose Ballivian. The passage referred to in the protocol of January 24 is as fellows: The plenipotentiary from Ecuador stated that, complying with his instructions, he called the attention of the Congress to a serious matter, which was the military expedition planned ami organized in Spain by ex-General Juan Jose Flores, for the purpose of reconquering these countries and returning them to the mother country. That in proof of this fact the Ecuadorian Government had received advices from its con- fidential agent in London and from the minister for foreign affairs of Chili, asserting that ex-General Flores did not desist from his plan even after the embargo of the steam-ships and transports which were to carry the said expedition; that he had gone to Belgium for the purpose of making new enlistments: that the minister for foreign affairs of Chili had expressed himself in like manner in his last year's report to Congress: that .ex-General Flores. after his arrival in North America, had stationed himself in Jamaica, from which point he was stirring up discord and fomenting revolutions in Ecuador by means of writings and confidential letters which he had addressed to the present com- 206 manding general at Guayaquil and to other parties, and even by trans- mitting funds to various persons to cause an uprising in the country; that two revolutions, one in Guayaquil and another in Quito, had been discovered and crushed out; that news had been received that Don Andres Santa Cruz was in league with Flores to stir up like disturb- ances in Bolivia and Peru, for he had lately written to a distinguished person in Chili, that on the least expected day he would be on these shores, because Bolivia had broken the conditions under which he had agreed to expatriate himself and go to Europe; that for all these reasons he proposed to the American Congress that a public or secret treaty be entered into, by which the Confederated Republics should bind them- selves to refuse asylum within their respective territories to ex-General Flores, as the enemy and perturber of the peace of America. The other plenipotentiaries stated that they had no instructions from their governments empowering them to enter into negotiations upon the subject suggested by 'hat cf Ecuador in the way he proposed; that the treaty of confederation already stipulated all that was necessary in the premises in general, and that it was as applicable to the case of General Flores attempting an invasion (section 4, article 2) as it was to his trying to create disturbances in Ecuador from others of the Confed- erated Republics (article 14); and that the governments, should necessity arise, would act in accordance witli these stipulations even in case the treaty should not have been ratified, for they are in keeping with the principles which were expressed by the said governments from the moment notice was had of the plan of General Flores. The two articles of the treaty of confederation above cited are as follows: Art. II. Pursuant to the foregoing article, and for the purposes therein set forth, the casus foederis shall be understood to arise: * -x- * * * * * Sec. 4. Whenever adventurers or unauthorized parties, either with their own means or under the protection of any foreign government, shall invade, or attempt to invade, the territory of any of the Confed- erated Republics with foreign troops to intervene in the political mat- ters of the country, or to found colonies or other establishments to the prejudice of the independence, sovereignty, or dominion of the respect- ive Republic. Art. XIV. * * * Offenders charged with the crimes of treason, rebellion, or sedition against the governmeutof one of the Confederated Republics, who shall seek asylum in another of them, shall not in any case be delivered up ; but they may be expelled from the country wherein they have sought asylum, or be interned as far as fifty leagues from the frontiers or coasts, whenever there shall be proper grounds to fear their fomenting conspiracies or threatening their own country in any other way. The expulsion and interning shall only be done by the government of the Republic affording the asylum, -2D7 III. THE "CONTINENTAL TREATY" OF 1856 AND OTHER MOVE- MENTS PREVIOUS TO 1864. The Republics of Peru. Chili, and Ecuador entered iuto and signed on the 15th of September, 1856, at the city of Santiago, a treaty of league and confederation, which has been called "the continental treaty," for the purpose of cementing upon substantial foundations the union which exists be- tween them, as members of the great American family, which arc bound together by the ties of a common origin, similar institutions, and many other signs of fraternity, and rendering the relations bet wren them and their citizens closer, by removing obstacles and restrictions, and promoting moral and material progress, as well as giving further guaranties of then- independence and territorial integrity. Peru was represented by Senor Don Cipriano C. Zegarra, Chili by Senor Don Antonio Varas, and Ecuador by Senor Don Francisco Xavier Aguirre; and as agreed upon by the treaty, the Government of Peru was assigned the duty to communicate with and ask the other Governments of America to adhere to its stipulations. Senor Torres Caicedohas given the full text of this com- pact;* but as it never became a law, and many of its par- ticular provisions were made the subject of criticisms and amendments by the Government of Peru itself, as well as by others, it seems unnecessary to insert it. Senor Torres Caicedo says: Above all, this treaty has the capital defect of showing a spirit hostile both to the United States (owing to the Walker's expeditions of those days) and to the monarchical forms of government, although the Em- pire of Brazil was wisely invited to the Union. J The same sentiment of alarm which the Walker enter- prises had produced caused Don A. J. de Irrisari, the repre- sentative of Guatemala in Washington, to hold conferences in the latter city, with the other ministers of the Spanish- American Republics in the United States, for devising the bestmanner to accomplish the plans of Bolivar. Nothing *Unwn Latino-Americana, p. 241 and the following. t Ibid., p. 50. 208 has been published of what was done at those conferences, which ended in no practical effect whatsoever. That feeling of alarm seems not to have been subdued or mitigated for some years afterward, as we find Costa Rica, as late as on the 14th of August, 1862, when discussing with Colombia a "continental league," to express herself as follows: As to the participation to be given in this matter to the Government of the United States of North America, my Government believes that such participation would be indispensable if the question were to pro- tect continental interests, taking the word " continental" in its broader sense, or to defend ourselves against danger on the part of Europe; but our weak and divided nationalities, our race looked at with contempt, our societies and institutions not yet settled, are threatened by other dangers against which we must look for protection. There are not al- ways at the head of the Great Republic moderate, just, and upright men as those who form the administration of President Lincoln. There are parties there whose doctrines can be fatal for our not yet well-established nationalities, and we must neither forget the lessons of the past nor lose sight of the fact that the cessation of the vandalic filibustering expedition of 1855 and the following to 1860 was due to the intervention, although tardily carried into effect, on the part of Europe. Under this aspect of the question, if our Republics could have the guaranty that they have nothing to fear from the United States of North America, it is indubitable that no other nation could be more useful and favorable to us. Under the shelter of her powerful eagles, under the influence of her wise institutions, and under the spur of her astonisliing progress our newly-born nationalities should receive the impulse which they now need, and would be permitted to march with firm step, without experiencing the troubles and difficulties with which they have had to straggle * * * . In view of the above considerations, the idea has occurred to my Government that a new compact might be draughted by which the United States of North America should bind themselves solemnly to respect, and cause others to respect, the independence, sovereignty, and territorial integrity of the sister Republics of this continent; not to annex to their territory, either by purchase or by any other means, any part of the territory of the said Republics; not to allow filibustering expeditions to be fitted up against tiie said nations, or to permit the rights of the latter to be in any way abridged or ignored. Resting upon a treaty of this kind, our Republics would admit with- out diffidence, and without preoccupations in regard to the future, the idea of an intimate alliance with the North American people; they would feel as if they had entered into a new life, and be possessed of greater strength; they would get rid of the serious and just fears which 209 our race has felt; they would march together with a firm step towards such an unity of institutions and interests as t«> change the face of the American nations, and lay the strongest foundation for our great con- tinental alliance.' IV. THE CONGRESS OF LIMA OF 1864. On the lltb/of January, 1864, the Government of Peru issued a formal invitation to all the governments of the Spanish nations of America to join in a Conference, or Congress, to be held at Lima, or elsewhere if so decided by them, to devise some means of accomplishing a Latin- American Union and "organize into only o»e family" the different Republics which had been Spanish colonies. The circular which to that effect was sent by the Peru- vian Secretary of foreign relations, Sefior Don Juan Antonio Ribeyro, stated the points to be discussed at the proposed Congress in the following way : 1. To declare that the American nations represented in this Congress form one single family, bound together by like principles and identical interests to maintain their independence, their autonomic rights, and their national existence. This declaration of the community of views, of material strength and moral force, in nowise prejudices or curtails the lil>erty of each State to make in its internal administration the changes and innovations conducive to the increase of its individual prosperity. 3. To negotiate an international treaty to facilitate epistolary corre- spondence, in order that this vehicle, so suited to mercantile operations and the progress of civilization, shall have all the securities, guaran- ties, and immunities necessary to the promotion of public and private interests in behalf of the American communities. It is necessary that the communication shall not be expensive, that the secrecy of letters shall be respected to the extent of fanaticism, and that the conscience of man, often confided to the faith of the governments, shall never, or for any motive, be revealed or ridiculed to the detriment and offense of the dignity of the nation, to the impairment of justice, and to the transgression of the laws, civil as well as moral. 3. To bind the governments, in consideration of the Union estab- lished, to furnish each other all the statistical data which shall afford 1 Torres Caicedo — Union Latino- Americana, p. 273 and the following. 563A— VOL i 14 210 a perfect idea of their wealth, population, natural and artificial means at their command to defend each other in common, to develop them- selves now individually, now collectively, and to form a homogeneous whole, which shall serve as a guaranty of general peace and of respect for fundamental institutions. 4. To dictate all the measures and accept all the principles which shall lead to the settlement of all boundary disputes, which are, in nearly all the American States, the cause of international quarrels, of animosities, and even of wars, as disastrous to the honor as to the prosperity of the nations. States which were at another time subject to the same domin- ion, it is not strange that, separated by emancipation, they should have frequent disputes and differences regarding territories and other rights of the same character, for the settlement of which measures are needed in keeping with the present civilization , with the reciprocal needs of the American States and with the general well-being of the continent. 5. To irrevocably abolish war, superseding it by arbitration, as the only means of compromising all misunderstandings and causes for dis- agreement between any of the South American Republics. Our credit, our well-being, and our common happiness demand the adoption of this measure, in which the hopes of America are centered. 6. To remove all the pretexts which serve as a foundation for treason to the American cause, prescribing the moral punishments to be visited upon those who, through covetous passions, shall enter into arrange- ments unfavorable to the independence of any of the States, to its in- stitutions, and to the stability of the general peace. This declaration is all the more necessary, since upon it depends in great part the ulterior destinies of th^ continent. Chili answered enthusiastically to this invitation, under date of February 18, 1864, and was followed by Bolivia on the 26th of February of the same year, and by Colom- bia on the 2d of June. It is to be noticed that the latter Republic, in promising to attend the Congress, expressed "the opinion that the United States ought not to be in- vited, because their policy is adverse to all kind of alli- ances, and because the natural preponderance which a first-class power, as they are, has to exercise in the de- liberations might embarrass the action of the Congress."* The consent of the nations having been obtained, the Congress met at Lima, on the 14th of November, 1864, which was selected for its being the anniversary of the birth of Bolivar. At its inaugural session, which was attended with un- * Torres Caicedo, Union Latino- Americana, page 82. 211 usual pomp and imposing ceremonies, the following pleni- potentiaries were present: For Bolivia, Seiior Don Juan f the world may, and doubtless will, give an occasion for establishing the principles of international law which should rule in the future in their relations among each other and with the nations of Kurope, and .1 . your lionor has demonstrated Lo me the convenience (apparent from every point of view) of the reunion of a congress for the indicated object, for the cause of democracy and the civilization of these peoples, I beg your honor to have the goodness to interesl yourself with the Government of the United States, to ti nd thai it may use its good relations with all the others of America, excepting that of Brazil, to induce them to send their representatives to Panama at the designated time. The co-operation of the Government of your honor will doubtless l»- of the greatest efficacy in furthering an ohject so important for all America. Witli sentiments of most distinguished consideration. I subscribe myself your honor's attentive and obedient servant. EUSTACIO SANTAMARIA. [Incloaure 2 in No. 232.— Translation.) Circular Note of Colombia Government. United States of Colombia, Department of Fobejgn Relations, Cartagena, October II, 1880. Mr. Minister: Your excellency will find herewith an authenticated copy of the convention celebrated in Bogota on the 3d of last Septem- ber, between the (iovernments of Colombia and Chili, by virtue of which the two republics bind themselves forever to settle whatever differences or controversies may arise between them through the civil- ized and humane method of arbitration, and to obtain by treaty from other sister peoples the celebration of similar mutual conventions, with the ohject of forever banishing international wars from the American Continent. My Government, the initiator of this measure, considers it of such importance thai if has not lost a single moment in making it known to all other Governments of America, in order thai they may, as soon as possible, indorse this idea and adopt as an integral and essentia] part of American international law the principle incorporated in the said convent ion. Peace is an essential necessity for Spanish America, and there is visible anxiety to secure this inestimable boon, and to maintain it throughout our continent. In fact, great efforts are being made every- where to disseminate public instruction amongst the masses, foment commerce and industry, and at the same time vigorously suppress all elements of discord. Order will thus be established upon solid bases, and as the knowledge and practice of republican institutions are ex- tended internal wars will seldom occur. 220 But international dissensions inayarise, especially on questions of boundaries and by straining a point of honor. Nations like ours, comprising immense territories, should not ruin or dishonor themselves bj bloody and disastrous wars for portions of uninhabited, and in many cases uninhabitable, regions, which, as far as the civilization and humanity of Ajoierica isconcerned might as well belong to one nation as another. Wars of this kind should be averted, and this would be the case, doubtless, if all the nations of the continent adhere to the saving prin- ciple embraced in thecompact celebrated between Colombia and Chili. The President of the Republic, desiring to assist allsister governments in the adoption of so humane a measure, has resolved to return to Pan- ama in the early van of September of the coming year, and he lias ordered me to request your excellency to appoint a representative of your Republic to proceed to said city with sufficient powers to sign the aforesaid convention, not only with my Government, but with thoseof the other American Republics that may send representatives. The city of Panama being in easy communication with the capitals of all the American Republics, and as it were the center of tins conti- nent, is the most appropriate point for the representatives of them all to assemble, and it is for this reason that, by order of the executive power, [extend to the Government of your excellency this invitation, which I hope will not be disregarded, since its object is of such impor- tance to America. With the well established hope to receive in Bogota a speedy and satisfactory reply from your excellency, t avail myself of this oppor- tunity to present to your excellence the sentiments of the highest and most distinguished consideration with which I subscribe myself, Your excellency's very attentive and obedient servant. EUSTACK) SaNTAMAKIA His Excellency the Minister of Foreign Relations of Chili. CONVENTION FOB THE PRESERVATION OF PEACE BETWEEN COLOMBIA and emu. [Translation.] The United States of Colombia and the Republic of Chili, desiring to provide a solid basis for the cordial friendly relations that have al- ways existed between the two nations, and at the proper time to strengthen the sentiments of international fraternity which should serve as the foundation of the peace and prosperity of the Americas, have resolved to conclude, in this behalf, a convention, and to this end have appointed plenipotentiaries, as follows, to wit : His excellency the President of the United States of Colombia, Don Eustacio Santamaria, secretary of state in the department of foreign relations. 221 His excellency the President ol the Republic of Chili, Don Fran- v aide \ i rgara, charge d'affaires of said Republic in the United States of Colombia; who, after having exchanged their full po and having found them to be in good and due form, have agreed upon the article following: The I faited States of < iolombia and the Republic of < Ihili bind them- selves in perpetuity to submit to arbitration, whenever thej can aol be settled through diplomatic channels, all controversies and difficulties, df whatever nature, thai may arise between the two nations, notwith- tanding the zeal which their respectivi government may display to proven! them, Al:T|( I.K II. The selection of the arbitrator, in case the necessity for his appoint- ment shall arise, .shall l,c made by a (special agreement, in which shall be also clearly set forth the question in dispute and the procedure to be observed in such arbitration. Incase noagreemeni can be reached upon such an arrange nt.orifthal formality be expressly waived, the arbitrator fully authorized to exercise the functions thereof shall be the Presidenl "I the I rnited States of America. Article hi. The United Stales of Colombia and the Republic of chili will en- deavor, at I he earliest opportunity . to conclude with the other Amen can nations conventions like unto the present, to the end that the settlement by arbitration of each and everj international controversy shall become a principle of American public law. \l: ro l.l; IV. This convention shall he ratified by the high contracting parties according to their respective formalities, and the ratifications shall he exchanged in Bogota or in Santiago within one year from date, if possible. In testimony whereof these presents are signed in Bogota on the third day of September, in the year one thousand eight hundred and eighty, [L.8.] E08TACIO Santamahia. M-.s. | h'lc.vv is. .. V alms Vua. \i: \. Uniteii states of ( 'oloniiii i national executive power. Bogota, Sep- tembers, IMHO. I. el the present convention beapproved. The presidenl of the Union. ['••*■] liAh'AKI. \l M.Z. The secretary of foreign relations. EUST.M [O S \VI \MAHIA, 222 The Reply of Chili. Republic of Chili, Department of Foreign Relations, Santiago, November 5, 18S0. Mr. Minister: I have the honor to inform your ex- cellency that my Government has approved the conven- tion signed ad referendum on the . 3d of September last, by the charge" d'affaires of this Republic, near your ex- cellency's Government, and designed to submit to the decision of an arbitrator the controversies and difficulties which may arise between Chili and the United States of Colombia. In consequence said convention will be sub- mitted by my Government to the deliberation of the Na- tional Congress at the next regular session. I beg your excellency to be pleased to bring this fact to the knowledge of his excellency the President of the Colombian Republic, that he may be informed, in this manner, of the approval the convention has met, since it is not possible to transmit to Mr. Valdes Vergara the full powers he has solicited for the purpose of exchange with those exhibited by your excellency on that occasion, as it is presumed he has begun his trip to Washington, pursuant to instructions previously issued. When the convention shall have been approved by the National Congress I shall have the honor to advise your excellency to the end of proceeding with the exchange of the ratifications. It is a pleasure in this connection to offer to your ex- cellency the tribute of the high considerations with which I have the honor to be your excellency's attentive and sincere servant. Melquiades Valderrama. His Excellency the Minister of Foreign Relations of the United States of Colombia. 223 Reply of the Dominican Republic. Department of State for Foreign Eelations, Santo Domingo, November 30, 1880. Mr. Minister: This department of state has received your excellency's circular, dated the 11th of October last past, together with an authenticated copy of the conven- tion concluded in Bogota on the 3d of September last, be- tween the Government of Colombia and that of Chili, by virtue of which the pi'inciple of arbitration is laid down as the basis of American public law in international con- troversies, and inviting the Government of the Dominican Republic to send, by September of next year, a represent- ative to the city of Panama with powers sufficient to sign the said convention in company with the other Govern- ments of the American Republics there represented. The executive, before whom I have laid said circular and who considers peace Spanish-America's greatest need, applauds the generous initiative of the Colombian Gov- ernment, and hastens to adhere at once to a measure of saving potency for the people inhabiting the southern part of this continent; applause and adhesion all the more spontaneous since the idea developed with so much tact by your excellency, aside from being opportune, coming on the trail of a disastrous war between two sister coun- tries, and in view of others threatened, no less bloody and unjustifiable, is, to the mind of this Government, the only practical means of making effective the immortal idea of the liberator Bolivar, for from the first meeting of a con- gress of plenipotentiaries other like reunions will spring and, as a consequence, the Latin-American Amphictyony or Confederation. The Dominican Republic is guided by motives of a still more important nature in adhering to the policy of the South American Continent, in which Colombia has so nobly taken the lead, for, situated in the center of the western hemisphere, like the faithful pivot of the two dishes forming the scales of thenewworld, the aspirations for its future cause it to desire, now more than ever, in view of the interoceanic canal at Panama, that the hopes 224 of an embryonic continent be realized, founding in the Antilles a social organism corresponding to the natural one of the archipelago and converting it into the focus of universal civilization. And who knows but that the congress to which your excellency is pleased to invite the Government of the Dominican Republic will discover, in furtherance of that Antillian ideal, with the aid of the ever just and elevated attitude of Colombia in international affairs, the peaceful solution adapted to the natural growth of the life and interest of the nations up to the present engaged in real- izing or preventing the natural dovelopment of the human destinies in America. Animated as it is by this well-founded hope, the Govern- ment of the Dominican Republic will exert itself to respond opportunely to the invitation which your excellency has been pleased to transmit in the name of the Government of Colombia, and meanwhile the undersigned grasps the opportunity to present to your excellency the expression of his most distinguished consideration. The secretary of state, of justice, public works, and public instruction, in charge ad interim of the department of foreign relations. Eliseo Grullone. His Excellency the Minister op Foreign Relations of the Republic op Colombia, Bogota. The Re-ply of Peru. Department of Relations and Worship, Lima, December 4, 1880. Together with the authenticated copy of the convention concluded on the 3d of September last at that capital, between your excellency's Government and that of Chili, in which is stipulated the settlement of all the differences between the two nations by means of arbitration, I had the honor to receive your excellency's note, under date of February 11, of the current year, the object of which is to invite Peru to adhere to the said convention. 225 In proof of the fact that the salutary idea it sets forth has for many years been that entertained by this Republic, it is proper to recall that in the year 1805, there being at that time in session in Lima an American Congress, on the initiative and invitation of our Government, there was ad- justed by all the plenipotentiaries there met together the draft of a treaty, which should exist, authenticated, in the archives of that department, and which I take pleasure in transmitting to you herewith, printed and duly authenti- cated, that nothing may be wanting. From it your excellency will see that in the memorable year of 1,865 the same grand idea which now claims the attention of the Government of the Colombian Union had already taken official form and, in conseqtience, my Gov- ernment can not but espouse it, much less when in the conference of Arica, held on the 22d, 25th, and 27th of October last, to put an end to the present war on the Pacific, the great Republic of the north mediating spon- taneously and at its own recpiest, Peru exerted herself for the adoptioc, everything else having failed, of the peace- ful as well as impartial and just measures advised. Therefore, my Government concurring with that of your excellency, which it congratulates for the resurrec- tion of that fraternal compact, and which it does not doubt will be accepted by the other Republics invited to adhere to it, there only remains for me to frankly state, as I have the honor to do here, the dangers perhaps inevitable, which the fulfillment of the convention will find in one of its original signers, which has just shown such little satis- factory proof of a sincere purpose to be faithful to obliga- tions of this character, which, it may be said, bound it morally, and at any rate should be taken for granted among brethren who in their unfortunate differences seek only justice. Under these circumstances, and my Government not wishing to risk anything in a matter of such grave import, it awaits the termination of the present war to give a practical form to the acceptance which, in principle, it can not but lend to an idea which it has always most cordially entertained. As to the rest, and referring to the 5G3A— vol I 15 226 general reflections of your excellency upon wars originat- ing in questions of boundaries and national pride, my Government believes that one and the other, whatever their importance, should be decided by the rules of justice and of dignity, the supreme standard of countries who know their rights and know also the obvious importance of always respecting those of others. I take pleasure in this connection in renewing to your excellency the assurances of the high consideration and distinguished regard with which I am your excellency's attentive and obedient servant, Pedro Jose Calderon. His Excellency the Secretary op State in the Depart- ment op Foreign Relations of the United States op Colombia. The Reply of Costa Rica. National Palace, San Jose, December 6, 1880. Mr. Minister : I have received the important commu- nication dated by you at Cartagena on October 11 of the current year, and I find attached an authenticated copy of the treaty concluded in Bogota on September 11 last be- tween the Governments of Columbia and Chili, by virtue of which the two Republics bind themselves for all time to settle any difficulties or controversies which may arise between them through the humane and civilized method of arbitration, and to secure from the other sister countries the negotiation of mutual treaties similar to that, with the object of forever banishing international wars from the American continent. Disgrace would fall upon any country priding itself upon its culture whose government should hesitate in adhering to a compact which has been demanded for a long time, aside from the sentiment of universal frater- nity, never before this century so appreciated and wide- spread, by our like origin and institutions, which protect the Latin- American nations from many of the elements of discord natural to contentious Europe, and which call 227 upon them through the ties of blood to form one greal family, free and happy, such as was dreamed of by the immortal Bolivar, as is longed for by every American in whose bosom beats a generous heart. The considerations set forth by your excellency to prove the advantages of the compact can not be stronger nor more applicable. The saving principle of arbitration not only secures us against all chances of armed controversies which deluge us with blood, devastate our lands, and par- alyze our progress, but it must even contribute much to the reform of our political existence by accustoming us to submit to argument instead of force the success of our aspirations, and to admit the authority of an arbitrator who in internal questions is naturally the instrument for settling our frequent disputes. I look upon this, moist excellent sir, as replete in results directly and indirectly tending to the happiness of America and to the imperisha- ble glory of democracy. Your excellency informs me that the President of the Republic, wishing to facilitate to all the sister nations the adoption of so humanitarian a measure, has resolved to return to Panama about the beginning of September of the coming year, and that he has requested you to ask me to appoint a representative from this Republic to said city, with sufficient powers to sign the aforesaid convention, not only with that government but with the other Ameri- can Republics who may send representatives there, and I take pleasure in promising your excellency, in the name of the most excellent President, General D. TomasGuardia, that the representative of Costa Rica, will be present at tin' coming congress of Panama. I close with wishes that no nation of Latin- America shall fail to have a representative at that meeting of peace, which can so greatly influence their future destinies, ami conveying to your excellency the expression of tin- highest esteem and consideration with which I subscribe myself your most obedient servant, Jose Antonio Castro. His Excellency the Minister of Foreign Relations of the United States of Colombia, 228 Tlie Reply of Mexico. Mexico, December 18, 1880. Mr. Minister : I have the honor to acknowledge the receipt of the attentive note your excellency was pleased to address me, bearing date the 11th of October last, trans- mitting me an authenticated copy of the convention con- cluded in Bogota on the 3d of September between the Government of Colombia and that of Chili, to settle by means of a friendly and peaceful arbitration whatever difficulties or controversies might arise between the two Eepublics, and to secure the conclusion between the other American nations of like conventions, to the end of ban- ishing international wars for all time from this continent. Your excellency has been pleased to state at the same time that to carry out such a noble purpose the President of Colombia will go to Panama in September of next year, and that he has issued instructions to your excellency to request of the Government of Mexico the sending of a rep- resentative to said city, with powers sufficient to sign the said convention with the other plenipotentiaries whom the rest of the American Republics may send there with like object. The President, whom I informed of said note, has viewed with the liveliest satisfaction the initiative taken by the Colombian Government, and its generous efforts tending to an end so laudable and humanitarian as is that of removing all danger, of war among the several countries comprising the American Continent, and has instructed this department to accord to so important a subject a care- ful study, in order to decide, at the proper time, upon the sending to Panama of the Mexican representative. In the meanwhile I should convey to your excellency the most expressive thanks for having addressed to my Gov- ernment so courteous an invitation, which is one proof more of the fraternal relations uniting the two countries, and which Mexico hopes will be every day more binding and cordial. Upon thus expressing myself, uuder instructions from 229 the President, I gladly improve this opportunity, Mr. Minister, to convey to your excellency the assurances of my highest and most distinguished consideration. Ignacio Marescal. His Exoellency the Minister op Foreign Relations of the United States of Colombia, Bogota. The Reply of Nicaragua. Managua, December 22, 1880. Sir: My Government's serious consideration has been given to your excellency's attentive note, dated at Carta- gena on the 11th of October last, designed to propose that this Republic send a representative to Panama in the month of September next, that he may concur with the representatives of the other Spanish-American countries in the conclusion of treaties which, following that recently concluded between the Governments of Colombia and Chili, a copy of which your excellency was pleased to trans- mit me, shall provide in perpetuity and as a principle of American public law that every question arising be- tween the nations of the continent shall be settled by the humane and civilized medium of arbitration. The suppression of war is one of the most noble aspira- tions of the present day, in which humanity marches with rapid strides towards perfection, thanks to the peaceful labors of the naf ions. The relations between them estab- lished are daily multiplied, creating new and mutual in- terests, which can only prosper under the protecting shel- ter of universal concord. To realize that grand aspiration, at least among the nations of the American family, does the honorable initia- tive of the Government of ( lolombia tend, and which that of Nicaragua embraces with enthusiasm. The employment of the medium proposed to settle any difficulties that may arise between these countries will insure not only their dignity and their rights, which will no longer be exposed to the dangers of war, but- will also 230 preserve their mutual sympathies, and prevent disturb- ances which would paralyze their development for a long time. It is, therefore, very pleasant to me to communicate to your excellency that the Government of this Republic will be represented at Panama at the time designated. Meanwhile I have the honor to renew to your excel- lency the expressions of the great regard and distinguished consideration with which I subscribe myself your very attentive and obedient servant. Ad. Cardenas. His Excellency the Minister op Foreign Relations of the Government of the United States of Col- ombia, Bogota. The Reply of the Argentine Republic. Ministry of Foreign Relations, Buenos Ayres, December 30, 1880. Mr. Minister : The undersigned, secretary of state in the department of foreign relations, has had the honor to receive and bring to the notice of the President of the Republic the note which, under date of the 11th of Octo- ber last, the honorable minister of foreign relations of Colombia was pleased to address him, and he performs the pleasant duty of replying thereto. The Argentine Government has learned with satisfac- tion of the treaty concluded between the United States of Colombia and the Republic of Chili, and duly esteems the invitation it has been favored with to adhere to the principle of arbitration embodied in that convention. Provisions tending to preserve the peace and strengthen the bonds of the nations of this continent -will always have the sympathy of this Republic, which consigned American fraternity among the rules of its international policy from the very dawn of its independence. Arbitration is certainly a noble aspiration of the present day, and the Argentine Government can point with pride to its endorsement, from an early date, of that measure 231 which wisely reconciles the requirements of justice with the generous sentiments of mankind. It had occasion to stipulate for it with the mosi excellent Governmeni of chili in L856 to settle boundary controversies then exist- ing and those thai mighl thereafter arise, [t declared in [874 in official documents given over to the domain <>f publicity (< to lie resolved, with or withoul treaties, to settle all internationa] controversies by arbil ration," and, faithful to those declarations, it adopted it in L876 to settle its controversies with Paraguay, after a long war, begun fur reasons of honor and of security, and in which its arms and those of iis allies completely repelled i\f ad- vances "f 1 1 1 .- l f ii.it ion. Easy would it have been for this Republic, in the end, t" retake tin- territories which were unlawfully retained through the agency of its internal disturbances and the indulgeni policy adopted after the emancipation. Bu1 neither the facilities existing fur the recovery nor the con- sciousness the Argentine Government had of its right were able to weaken the moderation which prevailed ever in its relations with friendly Stales; and the undersigned can recall with Legitimate pride thai his Government pre- sented the high example of submitting to the award of an impartial power the righl to territories to which it con- sidered itself indisputably entitled and which it could have recovered at the expense of most costly victims. '• Peace is certainly a most important necessity for Spanish-America." and it, to-day depends upon the fore- sight of its Governments. Fortunately the times have passed when the principal objed of political societies on this continent was the defense of their independence against foreign aggressions and schemings. Europe no longer entertains thoughts of conquesl or of chimerical recoveries. These were abandoned in view of the unconquerable attitude of the countries; and if the continental congress suggested by Colombia should meet, it, will probably not he for the purpose of following the almost, exclusively defensive programme mapped out. by Bolivar. The alarms and mistrust which suggested to the liber- 232 ator that patriotic idea have disappeared iu the natural development of more nations. The wants of civilization, the great interests of commerce, which make themselves felt everywhere; the facilities for communication and transportation, which stand out among the advance- ments of the century, and the liberality with which America delivers its richness to men born in every latitude of the globe, are the beneficent influences which swallow up the antagonisms of both worlds. But the efforts of these countries to maintain order and the sincere administration of republican institutions would be really fruitless if the armed conflicts to which the hon- orable minister of foreign relations alludes could easily come about and if they are allowed to assume the desolat- ing shape which humanity condemns. Noble is, therefore, the desire to prevent those dangers and the discredit accompanying them. The undersigned is instructed to inform his excellency the honorable min- ister that in so laudable an undertaking Colombia may count upon the concurrence of the Argentine nation, linked from her very beginning to the vicissitudes and the destinies of South America. However, the invitation the under- signed has had the honor to receive suggests some ob-. servations of general interest, and he will submit them with the frankness which should prevail in the relations of countries bound together by happy intimacies. The Argentine Government accords to arbitration all the importance attributed to it by the Colombian, but believes that the purpose of the note to which it replies will not be realized because that principle alone is embodied in the plan. The writer can sorrowfully point, in support of his state- ment, to the present war upon the Pacific Coast, in whose flames so many elements of order and common prosperity are consumed. Bolivia and Chili solemnly agreed upon arbitration, and notwithstanding this agreement, suggested by prudence and fraternity, differences not originally affecting the honor or the dignity of those nations were left to the decis- ion of the sword. 233 Neither the calamities of a protracted struggle, whose termination is already the desire of mankind, nor the good offices American and European nations proffered, nor the interposition of an impartial and justly respected power have succeeded in inclining the two belligerents to the arbitration they agreed upon; and the war which contin- ues annihilating those countries demonstrates that the principle embodied in the recent convention of Colombia is not a sufficient guaranty for the preservation of peace. It is necessary, in view of this, that it he accompanied by other no less important principles; and if the Congress of plenipotentiaries which the Government of Colombia: initiates is to meet, it should be empowered to approve all the declarations and agreements conducive to the cement- ing of continental harmony. The former Spanish colonies once established as free and sovereign nations, they proclaimed as the basis of their public law the independence of each, and the integrity of the territory by them occupied, or that territory upon which some established themselves by peaceful agreement between the people and the governments. These principles were the firm foundation of American solidarity. They sprung from an identity of interests and aspirations. They were strengthened by the struggles of a period of patriotism and sacrifices, and came, in 1824, to control in the. diplomatic relations of the independent Re- publics. These should be written upon the first page of the pro- posed conference, for they have the indorsement oft hi' countries, and should be considered as legacies of the emancipation. It is necessary to expressly declare unlawful all attempts at conquest or forcible annexation, which would raise per- manent obstacles to future stability. Annexations attained by the force of arms were in Eu- rope the cause of great rivalries and resentments, and they would be in America a mad attack upon the fraternity of countries bound together by nature and history. "Forcible annexations," said Lord Russell in 185'J to the English ambassador in Paris, "cannot be mitigated by 234 the reasons generally advanced, for, if force and not right were the rule determining the territorial possession, the integrity and independence of lesser States would be in permanent danger." It is important also to protect the American national- ities from seditious separations which have never been known in this Republic, but which did not fail to be at- tempted in other places, instigated by turbulent ambitions. Some governments have embodied in their constitutions clauses providing for such cases; and it is recognized among the doctrines intended to preserve the general order that forcible separations are prohibited, for every act of that nature requires the consent of the nation in which it is verified. The division of Colombia into three independent Re- publics was sanctioned by that country. The Provinces of Potosi, Chuquisaca, Cochabamba, and La Paz, belonging to this Republic, became in 1825 a part of the new Republic of Bolivia by act of the Argentine Congress; and the rich segregations which went to consti- tute Uruguay and the Republic of Paraguay were legal- ized by the will of the nation. The Argentine believes that that principle should be upheld by express agree- ments. It was maintained by the United States of the North in their memorable straggle against the seditious theories of nullification, and for Colombia it has the pleas- ant precedent of having been proclaimed by the Libera- tor, who declared: "to be anarchical the separation of any State or province without the consent of the political so- ciety to which it belongs. " The Government of the undersigned believes that it would be advisable to have it well established in the inter- national agreements that there are not in Spanish-Amer- ica territories which may be considered res rtullius, and that all territory comprising it, however deserted or re- moved it be, belongs to the former Spanish Provinces, invested, after 1810, with the rank of free and sovereign States. Having reached this point, the undersigned feels called upon to touch lightly upon some of the points in the note 235 he replies to regarding uninhabited lands. He believes that if sundry pretentions founded on that fact were per- mitted the tranquillity Colombia aims at would vanish. The American Republics being owners of the extensive territories comprised within the colonial limits, having not long ago inaugurated the policy of colonization and labor, which rapidly increases population and makes des- erts fruitful, can not admit that the circumstance of there being at present uninhabited localities, more or less exten- sive, weakens the power of their rights. If the want of population could be alleged as a warrant for the unlawful retaining of another's property; if the possibility of occupying points, at present uninhabited, could be relied upon as a legitimite means of acquiring them, discord would reign in the relations of countries which Providence has destined to develop through the bonds of confidence and cordiality. The honorable president accepts no wavering in this regard, and believes that the efforts and the wishes of every Government should combine to establish historical fact and justice as the only source of title to territory in this part of the world. Easy it is, in the judgment of the Argentine Govern- ment, to prevent, by means of prudent stipulations, that claims for damages and all questions which may be settled by pecuniary indemnities should become wrangling con- tentions, rendering arbitration futile, and believes that agreements tending to insure that in no case shall hostili- ties break out among the South American nations without notice, transmitted sufficiently in advance to reconcile the necessity of war with the freedom of action during peace, would meet with general approval. The first of these suggestions accords with the liberal spirit of these nations, and the second will allow the gov- ernments to stimulate the advancement of the states over which they preside without having to divert those means necessary to the peaceful development of their resources to precautionary elements of security and defense. It is not impossible that, notwithstanding the concur- rence of the governments in the principle of arbitration 236 and their approval of the ideas suggested in this note, dis- turbances may arise which, as has happened on the Pacific, will break asunder the good understanding existing be- tween two or more nations; and it is in keeping with the conciliatory programme which Colombia favors to miti- gate the consequences of that calamity. If America meets together to render armed struggles less feasible, it is natural it should study the way to insure, if, despite the common effort, they occur, their not being accompanied by the desolation which marked the somber marches of the armies of the olden time. The writer could go on at length with suggestions relating to the patriotic purposes of the invitation to which he re- plies, but he deems it proper to limit himself to those which can more directly contribute to the strengthening of the general tranquillity, leaving it to the governments to initiate other measures which are surely worthy of con- sideration by an international congress. The undersigned does not harbor the pretension of hav- ing presented new ideas to the consideration of the Colom- bian Government, and declares without reserve that some of those suggested in this note already have the indorse- ment of the people and that others have the prestige of the approval of the men who became pre-eminent in the great campaigns of the revolution. His excellency Mr. Santamaria will deduce from the foregoing that the Argentine Government does not consider the stipulation for arbitration alone an efficacious measure for putting an end to international controversies. That in its opinion we could only attain that end by embodying in American public law the principles already referred to and other analogous ones, which, by removing troublesome differences, will be now and hereafter the true guaranties of peace. The honorable President of the Republic has instructed the undersigned to submit to the most excellent Govern- ment of Colombia the foregoing observations and to in- form it that, grateful for the invitation with which he has been favored and in the hope that the observations will be accepted, he will adopt the necessary measures that this 237 Republic may bo represented at a conference having a wider scope than that proposed. His excellency consid- ers that this one, being limited t<> the subscribing of the convention recently concluded in Bogota, responds but feebly to the elevated purposes of Colombia and will leave unsatisfied aspirations and wants which are worthy of consideration. The honorable President has further instructed the un- dersigned not to bring this communication to aclose with- out renewing the assurances that the Argentine Govern- ment, faithful to the antecedents of the nation, will con- tribute all the means within its power to prevent those unfortunate wars which break asunder the bonds of a glorkms solidarity. The undersigned improves the opportunity to renew to his excellency the honorable minister of foreign relations the assurances of his highest and most distinguished con- sideration. Bernado de Irigoven. Response of the Colombian Secretary of Foreign l!< lotions. United States of Colombia, Department op Foreign Kelations. Botoga, April J'.t. 1881. Mr. Minister: The River Plata press has published and ours has just reproduced one of your excellency's notes, dated December 30 of last year, which is a reply to the circular in which my government, informing those of republican America of a convention for peace and arbi- tration arrived at between Colombia and Chili, invited them to adhere to this act of elevated as well as advanta- geous international policy and requested them, moreover, to send, before a certain date, to the city of Panama, their representatives for the purpose of then.' giving a solemn and definite form to their adhesion. The original text of your excellency's said note has not yet been received in the department under my charge, but my government does not hesitate to consider the printed 238 version authentic, and because of the exhaustiveness and ability with which your excellency has treated the sub- ject of this correspondence, as well as in view of the prox- imity of the date set for the realization of our purposes, the President of Colombia has issued special instructions to me, a succinct relation of which in this note will bring about, I am sure, the agreement now almost reached be- tween the two governments on the lines laid down by your excellency. My Government's said circular did not set forth, as its character of a simple invitation to agree upon the general principles embodied in that of arbitration precluded it, the detailed exposition of each and all of said principles. Moreover upon proposing therein that the Spanish- Amer- ican nations, whose advanced political institutions com- pel them to observe the most equitable international rules, adopt arbitration as a means of settling their controversies, it was understood that the basis necessary to this end must be the express adoption of the doctrines of justice and the principles of common security which your excel- lency sets forth in the elaborative part of your note, doc- trines and principles which in Colombia constitute not merely a theory more or less popular or changeable but the unvarying history of its policy, and the standard of action of all of its administrations. The history of the great Republic of Colombia, as well as the contemporaneous history of the single section which now bears that glorious name, is too well known to your excellency and your illustrious Government to make it necessary for me to enter upon the enumeration of the abundant precedents it affords of the general adoption and putting into practice of those sound doctrines. In the long and complicated record of its negotiations as to boundaries, Colombia has never for a moment deviated from the fundamental principle of the ute posidetis of law, or be it from the colonial administrative tradition in force at the historical time when the war of independence ended, the present Spanish- American nations were organized. Our foreign policy, but an extension of our domestic policy, has been and is so peaceful, fraternal and friendly rdi) towards all countries, and more especially towards those who share with us history, institutions, and tendencies, that, happily, there have not been many opportunities to prove, even in the flush of success, our adhesion, firm and based on conviction, to all those triumphs of progress which give to modern international law its most noble and fruitful character, that is, that of a code of morals which assures mutual respect and harmony among all nations. When, notwithstanding this, as a consequence of the natural imperfection of things human, war broke out, and the arms of Colombia were victorious, she did not go a, whit beyond what is in keeping with countries governed by public opinion, and in which so safe a guide is enlight- ened enoughand sufficiently untrammeled to deny support to enterprises exclusively engendered by ambition and force. Professing such doctrines and keeping in line with such precedents, Colombia has always ignored the pretended existence of territories without owner, or which can be considered res nullius; and on a stated occasion, when the lillihusterism epidemic laid waste the Central American coast, she solemnly protested against the policy of a, great nation, in so far as it tended to give weight and authority to the acts of the victorious usurpation. "Be its impor- tance what it may," it said at that time, "and its power, consisting more than all in the patriotism of its sons, it can not and ought not to admit, by its authority or its silence, such principles, in its judgment, at variance with the inherent sovereignty of the nations and a constant menace to the peace and the independence of those which have established themselves on these continents." Finally, our conventional law. and particularly that establishing and defining our relations with Spanish coun- tries, comprises all those measures of Christian foresight tending to prevent war, and which, even <>n theeve thereof and its most doleful extre s, favors and stimulates the peaceful mediation of neutral and friendly States. This succinct relation of the character of our policy and of the principles upon which it is based, will carry, 1 doubt not, to the mind of that illustrious Government the con- 240 viction that the considerations with which your excellency- explains at length the purposes of a common agreement between the Republic States of South America, have not been expressly omitted by ours. It is to be hoped, there- fore, that the Argentine Republic will not fail of repre- sentation at Panama, a convention to which the majority, if not all of the other Spanish States, have already offered to send a representative. It will not be out of place to say to your excellency that Colombia's initiatory, so kindly characterized and embraced by your Government, is in- timately related to the great destinies reserved for that portion of the Colombian territory, with the character which our policy has imprinted upon it. Across that isthmus there is to be cut, in fact, a neutral canal which will place the two hemispheres in communication. There the diversified races and various civilizations of the world are called to mingle and consolidate, and it is natural that the Spanish-American countries, participators, too, in the future advantages of so great an enterprise, should be those called upon to inaugurate with their mutual under- standing and the noble obligation to settle their contro- versies rationally, the era of active and fruitful peace which those works of labor and of universal capital prom- ise the countries of the world. The Argentine Republic occupies, it is true, a geo- graphical position which removes her somewhat from the enjoyments of those benefits, but the people and Govern- ment are too enlightened to ignore the fruitful solidarity of all progress, even though the theater of its action be removed. My Government counts upon this note being satisfac- tory to that of that Republic, and entertaining so pleasant a hope, I have the honor to express to your excellency the sentiments of high consideration with which I subscribe myself, Your obedient servant, RlCARDO BECERRA. His Excellency Mr. Berando de Irigoyen, Minister of Foreign Relations of the Argentine Republic, Buenos Ayres. 241 The Reply of Guatemala. Department of Foreign Relations of Guatemala, Guatemala, January ;>, 1881. Mr. Minister: I had the honor to receive your favor, dated October 11 of last year, and an accompanying- copy of the treaty signed in Bogota on the 3d of last September. Your excellency is pleased, through your note, to ex- tend an invitation to the Government of Guatemala to send a representative, in September of the current year, to the city of Panama with the object of extending the treaty between Colombia and Chili, which has for its object the abolishment of national wars in America and the settlement, by arbitration, of all questions arising be- tween the various countries. The idea is as philanthropic as it is grand and beneficent. Its fulfillment will be one of the greatest triumphs of mod- ern civilization. Should the project fail, it will still be an honor for Colombia to have made so noble an effort towards its accomplishment. The Government of Guatemala congratulates itself its the recipient of so flattering an invitation, and has the honor to assure your excellency, through me, that it will send to Panama, on the steamer of the last of August, the l'epresentative requested. This opportunity affords me the honor to assure y< m that I am your excellency's most obedient servant, Lorenzo Montufar. His excellency the Minister of Foreign Relations of Colombia. The Reply of Salvador. Department of Foreign Relations of Salvador, San Salvador, January 5, 1881. Mr. Minister: 1 have had the honor to receive your excellency's courteous dispatch, dated October 11 of last year, accompanying a copy of the treaty entered into 563a— vol i 10 242 between Colombia and Chili on September 3 of the same year. Your excellency's government, inspired by the princi- ples of the soundest policy, and essentially humanitarian, is pleased to invite my government, together with those of the other Latin Eepublics, to send representatives to Panama in September of the present year in order that they may adhere to the said treaty and establish as a prin- ciple of the international law of Latin-America the obli- gation in perpetuity to settle by arbitration all contro- versies which may arise between any of the contracting countries which it has not been possible to settle through diplomatic channels. My government at once enthusiastically accepts so philanthropic an idea, the realization of which will prove the most glorious achievement of modern civilization, and at the proper time it will send its plenipotentiary to Pan- ama. I avail myself of this opportunity, Mr. Minister, to con- vey to your excellency, together with the admiration ami sympathy which the noble Colombian nation has always inspired in me, the sincere assurances of regard and respect with which I have the honor to be your excel- lency's most attentive and faithful servant, S. Gallego. His excellency the Minister of Foreign Relations of the United States of Colombia, Bogota. TJie Reply of Ecuador. Department of Foreign Relations of Ecuador, Quito, January 5, 1881. Mr. Minister: Your excellency's important note, dated October 11 last, and the authenticated copy of the con- vention concluded in Bogota on the 3d of September last between the plenipotentiaries of Colombia and Chili, were received and by me laid before his excellency the President of the Republic, who has instructed me to ex- 243 press to your excellency his most sincere acknowledgment for the invitation extended to my government, thus giving it another proof of the fraternal regard in which it is held by the cabinet at Bogota,, and which that at Quito returns, hoping that the relations between the two coun- tries may be every day more intimate. The saving principle of arbitration for the settlement of international controversies, especially touching ques- tions of boundaries and national pride, will make of the territory of the continental nations accepting and prac- ticing it the land of promise for mankind, where America may offer to all nations the conjunction of the most sublime triumphs of civilization. Even laying aside the preceding remarks, my govern- ment could not decline your excellency's generous invi- tation without violating a duty, for in Ecuador the im- portant principle of international arbitration in the nego- tiation of public treaties has been raised to a constitutional canon. The article to which I allude in our constitution says, literally: " In every negotiation for the conclusion of interna- tional treaties of friendship and commerce it shall be pro- posed that differences between the contracting parties should be settled by arbitration by a friendly power or powers, without resorting to arms." If, then, this Republic has been the first in South America to give, to a certain point, a practical form to the most humane and transcendent principle of modern civilization, its Government will also be one of the most solicitous to be represented at the congress of plenipotentiaries to meet in Panama next September. I gladly take this opportunity to renew to your excel- lency the distinguished consideration with which I sub- scribe myself your very attentive and obedient servant. CORNELIO C. VERNAZA. The Most Excellent Minister of Foreign Relations of the Republic of Colombia, Bogota 244 The Reply of Bolivia. Department of Foreign Relations op Bolivia, La Pas, January 10, 1881. Sir : I have had the honor to receive, together with your courteous communication of the 11th of October of last year, an authenticated copy of the convention con- cluded in Bogota between the United States of Colombia and the Republic of Chili, by virtue of which both na- tions bind themselves in perpetuity to decide all their con- troversies through the humane means of arbitration, and to agree upon analogous conventions with the other States to the end that the settlement of every conflict by those means shall become a principle of American public law. And with such lofty purposes, which tend to wipe out from the continent the calamities of war, your excellency is pleased to invite the Government of Bolivia to take part in the international council initiated by the most excellent Government of Colombia. It does your excellency's Government great honor to have been the prime mover in a scheme which, if carried out to its fullest extent, will exercise a beneficent influence on the destinies of all America, and pave the way to the aggrandizement of the nations of the remotest posterity. As a matter of fact, what progressive movement war could impress on our continent is beyond comprehension. If in wise and cultured Europe it has been continuous, owing to causes destined to disappear completely, it is meaningless in nationalities which, united and free, sprang from the Spanish colonies. Here in America do not exist those great and irremediable antagonisms of race, of creeds, of superiority, of obstinate traditions, which, failing to ac- complish peaceful development, break out in armed con- flicts. On the contrary, a thousand circumstances unite to maintain that repiiblican America is destined to be the true home of justice, of law, and of peace. The nation- alities comprising it, of common origin and destiny, emancipated from the decadent mother country, vigor- ously impelled by identical necessities, and thanks to heroic sacrifices, have obeyed the progressive movement 245 which has brought out the advanced doctrines of the good understanding of the nations of the New Continent. With vast territories that in the course of centuries will offer space and accommodations to the most increasing pop- ulation, and with prodigious sources of wealth, powerful stimulant which encourages work, the new Republics prov- identially charged to herald the advent in all its splendor of democracy and its strict application to international ex- istence, need to firmly unite by all possible bonds to show themselves great, powerful, and strong before the civil- ized world. ******* In Europe itself, where the wiping out at one stroke of antagonistic precedents accumulated in the course of time is not attainable, the substitution of arbitration for war has already passed from the meditations of the wise into the public conscience, and it may be looked upon as defi- nitely embodied in the science of international law. ******* My Government, convinced that all international agree- ments preparing the way for the abolishment of war, or tending to civilize it in behalf of peace, are the great aspirations of cultured nations, hastens gladly to send to Panama at the time designated by your excellency, the Bolivian representative, armed with the fullest powers to sign, together with the Government of Colombia and the representatives of the American Republics who extend si > frank adhesion to the principle of arbitration, the great compact of continental good understanding initiated by your excellency's Government. ******* In connection with so worthy a motive, I have the honor to express to your excellency the sentiments of particular distinction and respect with which I subscribe myself, Your obedient and faithful servant, C. Carrillo. The Most Excellent Minister of Foreign Relations of the United States of Colombia, Bogota. 246 The Reply of Uruguay. Department of Foreign Relations, Montevideo, January 28, 1881. The undersigned, Minister Secretary of State in the De- partment of Foreign Relations, has the honor to reply to the note he received recently, addressed by the Most Ex- cellent Minister of Foreign Relations of Colombia, under date of October 11 last. With that note your excellency transmits the treaty concluded between the United States of Colombia and the Republic of Chili, by which the two Republics bind them- selves in perpetuity to settle whatever difficulties or con- troversies may arise between them through the humane and civilized medium of arbitration, and to secure from the other sister nations the negotiation of similar conven- tions, for the purpose of forever banishing international wars from the American Continent. Your excellency manifests that your Government, be- ing the initiator of this measure, considers it of such im- portance that it has wished not to lose one moment in making it known to all the others in America, so that they may at once adhere to it, and the principle the said convention embodies be adopted as an essential and inte- gral principle of American public law. His excellency the President of the Republic, having informed himself of so important a document, has in- structed the undersigned to convey, through your excel- lency, his cordial congratulations to the illustrious Gov- ernment of Colombia for the noble and patriotic invitation, ' together with his sincere adhesion to the initiative with which he is honored, which he will endeavor to carry into effect by the means and in the form prescribed in the constitution of the Republic with reference to interna- tional compacts. His excellency, the President, considers the convention of the 3d of September, 1880, as the happy complement of the wise and humane resolution of the plenipotentiaries of the Congress of Paris in 1856 to the effect that: " States between which any serous misunderstanding should arise ■_>47 should, before resorting to arms, appeal, as far as circum- stances shall permit, to the good offices of a friendly power." That resolution met with the approval of the Eastern Government (Uruguay), as well as the majority of the governments of Europe and America; but a sorrowful experience has shown that it was forgotten, or ineffectual In prevent disastrous wars. Obligatory arbitration will undoubtedly have greater efficacy, but there will be surely no objection to accompa- nying it with other provisions to guaranty its enforce- ment. Controversies and difficulties of every kind being sub- mitted to arbitration, disputes as to boundaries or territo- rial integrity should be understood as being included, and SO your excellency's note would indicate when it asserts that the saving principle which the transcendent compact concluded between Colombia and Chili embodies will un- doubtedly secure the prevention of war growing out of international disputes, especially upon cpiestions of bound- aries. The beneficent views of that agreement will be more surely realized by laying down principles and rules which shall render those controversies impossible. The Eastern (Uruguayan) Government hopes that that of Colombia will accord with these ideas in view of the official declaration of its most excellent envoy extraordi- nary and minister plenipotentiary in France. His excellency, in a note of the nth of December to the Uruguayan legation in Paris, accompanying a copy of the said treaty, requests that he recommend to his Government to subscribe the arbitration treaty through the representa- tive it sends to the Panama congress in the month of Sep- tember, and adds: -'It is also possible that in said congress there be adopted some other principles as essential to Amer- ican public law, which cannot be like the European in every particular, be it because of diversity of circum- stances or difference in administration." Having explained the sense in which the President gives his adhesion, the undersigned reiterates in the name of his 248 excellency the most sincere congratulations to the most ex- cellent Government of Colombia for the lofty sentiments which inspire it in favor of the peace and harmony of the American nations, and which contribute so much to strengthen the friendly relations which happily exist be- tween the United States of Colombia and the Eastern Republic of Uruguay. The undersigned honors himself in greeting his excel- lency, Mr. Eustacio Santamaria, with the most distin- guished consideration. Joaquin Requena y Garcia. His excellency, Mr. Eustacio Santamaria, Minister of Foreign Relations of the United States of Colombia. The Reply of Honduras. Department of Foreign Affairs, Republic of Honduras, Tegucigalpa, February 20, 1881. Mr. Charge d'affaires. I have had the honor to re- ceive your very courteous dispatch, dated at San Jose" de Costa Rica, on the 2d of December last, and by which you were pleased to inform me that your Government had directed you to transmit the circular letters which it had addressed to the Central American Governments, urging them to conclude an arbitration convention which may settle peacefully the disagreements or questions which may arise between the contracting parties. And you have ac- cordingly transmitted, together with your said dispatch, the circular intended for the Government of this Re- public. It gives me pleasure to inform you that my Government adopts, with the profoundest satisfaction, the humane and fraternizing proposal of the Government of the United States of Colombia; and that accordingly it has had the honor to reply, promising to send a representative to Panama to sign the important arbitration convention sug- 249 gested from motives whose elevation can not be sufficiently- appreciated. The reply which my Government makes to the circular in question accompanies this despatch, and I beg that you will be pleased to forward it to its distinguished destina- tion. I deem it proper to state that, being in doubt as to your being still at the capital of that Republic, my Depart- ment has transmitted directly to his excellency the secre- tary of foreign affairs of Colombia a duplicate of the reply to the circular of your Government. I avail myself of this opportunity to offer you the assur- ances of my most respectful and distinguished considera- tion. Your devoted and faithful servant, Ramon Rosa. His Excellency the Charge d'affaires Of Colombia in Costa Rica— Bogota. The Re-ply of Honduras. Department of Foreign Affairs, Republic of Honduras, Tegucigalpa, February 20, 1881. Mr. Minister. I have had equal honor and pleasure in receiving, together with your interesting dispatch of Oc- tober 11 last, an authenticated copy of the convention entered into at Bogota, on the 3d of September of the year last past, by the Governments of Colombia and Chili, and by which the two Republics bind themselves in perpetuity to remove whatever difficulties or controversies may arise between them by the humane and civilized method of arbitration, and to recommend to the other sister nations the celebration of mutual conventions similar to the one in question, with the object of eliminating forever from the American continent all international wars. Your excellency, after setting forth appropriately and with notable elevation and lucidity of ideas, the reasons which moved your Government to celebrate that most im- portant convention already mentioned, was pleased to add that his excellency the President of the Republic of the 250 United States of Colombia, desiring to facilitate for all the sister nations the adoption of so beneficent a measure. has determined to return to Panama early in September of the- current year, having first directed you to request my Government to send a representative of this Republic to said city, empowered to subscribe said convention, not only with your excellency's Government, but with the Governments of the other American Republics which shall send their representatives thither. Let me be permitted to state to your exeellency that, in the opinion of my Government, honor redounds to Col- ombia, honor redounds to all Latin- America, from the adoption of the great and (in many respects) transcendent idea which the Colombian Government has put forward on the occasion of the celebration of said convention with Chili, by proposing that its provisions — provisions which are certainly of incalculable importance to the peace and the civilization of the countries of Spanisb-America — be adopted by the Governments of the States which upon this continent are historically destined to bring into act- ual existence "law" in the sense in which that stands for right ("derecho"), to the advantage of humanity and the honor of our age. Such ideas, which nourish the faith of enlightened spirits in a future of peace, of progress, and of fraternity for the nations of the New World, are doubtless those which have suggested to your excellency's Government the happy thought of putting an end, through the authoritative in- tervention of the law, to the international conflicts and wars which from an early date have impoverished, dis- credited, and even dishonored the nations of America (na- tions) which began their career with a profound sense of right ("derecho"); which have achieved social and polit- ical reforms most worthy of being prized; and, which by their genius and their command of the elements of wealth and prosperity are destined to win at no distant day, by their union, their order, and their progress, the most benevo- lent and respectful consideration of the civilized world. It has fallen to the lot of your excellency's Government to promote, in a spirit of elevated humanity, the definitive 25 l establishment of the peace of Spanish-America; to sub- serve one of its must important interests, and to prepare the advent of thai Latin-American Union anticipated by the genius of Bolivar the Liberator, and which is to-day the aim of the enlightened policy of your excellency's Government; for, in truth, to assure the peace of the Latin- American countries, to connect and strengthen their in- terests, to cause their fraternity to tie realized from day to day. is to go straight toward a Latin-American Union. is to give a full and transcendent reality to what was once the most beautiful dream of the greatest man of republi- can America. Under the influence of what your excellency has said. and of the considerations above expressed, which natur- ally inspire a genuine enthusiasm, I can not refrain from saying to your excellency, with sincere satisfaction, that my Government is disposed to send to the city of Panama, in the beginning of September next, a representative fully empowered to join your excellency's Government and the Plenipotentiaries of the American Republics in concluding the arbitration convention which is to put an end to the period of fratricidal wars on our continent, and open the happy era of peace and fraternity among the nations of Spanish-America. Let your excellency's Government accept the heartiesl congratulations of my Government on the great thought which it has enunciated in the interest of civilization and the future of America, and let your excellency receive the assurances of my highest and most distinguished consid- eration, with which I subscribe myself your attentive and obedient servant. Ramon Ros \ His Excellency don Etjstacio Santamaria. Secretary of Statt in flu Department of Foreign Affairso*f ilt * Goverrmu ntof flit- United States of Colombia, Bogota. Note. — The Congress of 1881, to which the foregoing- papers refer, was not held, as it appears, owing to the war which broke out in South America just about the time which had been fixed for its meeting. CORRESPONDENCE RELATING TO THE PROPOSED CONGRESS AT WASHINGTON 1882 INDEX Secretary Blame's circular letter, November 29, 1881 255 Venezuela : President Guzman Blanco to Minister Carter, Jan- uary 5, 1882 258 Venezuela : Secretary Seijas to Minister Carter, January 7, 1882 259 Guatemala : Secretary Cruz to Minister Logan, January 12, 1882 ■ 261 Brazil : Secretary De Sa to Minister Osborn, February 8, 1882 . 263 Salvador : Secretary Gallegos to Minister Logan, February 13, 1882 264 Nicaragua: Secretary Medina to Minister Logan, February 14, 1882 265 Honduras: Secretary Rosa to Minister Logan, February 20, 1882 265 Bolivia: Secretary Zilocti to Minister Adams, February 24, 1882 266 Costa Rica: Secretary Castro to Minister Logan, February 25, 1882 267 Mexico : Secretary Mariscal to Minister Morgan, March 23, 1882 269 Secretary Frelinghuy sen's circular letter, August 9, 1882 272 Guatemala: Minister Montufar to Secretary Frelinghuysen, June 5, 1882 273 Ecuador : Minister Arias to Secretary Frelinghuysen, Septem- ber 16, 1882 274 Salvador : Secretary Gallegos to Minister Hall, October 3, 1882. 275 Uruguay : Minister Hordenana to Charge d' Affaires Williams, October 12, 1882 '--- 276 Paraguay: Secretary Decoud to Charge d' Affaires Williams, October 17, 1882 277 254 CORRESPONDENCE RELATING TO THE PROPOSED CONGRESS AT WASHINGTON IN 1882. [Circular Letter.] Mr. Blaine to Mr. Osborn. No. 150.] Department of State, Washington. November 39, 1881. Sir: The attitude of the United States with respect to the question of general peace on the American continent is well known through its persistent efforts for years past to avert the evils of warfare, or, these efforts failing, to bring positive conflicts to an end through pacific counsels or the advocacy of impartial arbitration. This attitude has been consistently maintained, and al- ways with such fairness as to leave no room for imputing to our Government any motive except the humane and disinterested one of saving kindred States of the American continent from the burdens of war. The position of the United States as the leading power of the New World might well give to its Government a, claim to authoritative utter- ance for the purpose of quieting discord among its neigh- bors, with all of whom the most friendly relatious exist. Nevertheless, the good offices of this Government are not and have not at any time been tendered with a show of dictation or compulsion, but only as exhibiting the solicit- ous good-will of a common friend. For some years past a growing disposition has been man- ifested by certain States of Central and South America to refer disputes affecting grave questions of international relationship and boundaries to arbitration rather than to the sword. It has been on several such occasions a source of profound satisfaction to the Government of the United States to see that this country is in a large measure looked to by all the American powers as their friend and media- 256 tor. The just aiid impartial counsel of the President in such cases has never been withheld, and his efforts have been rewarded by the prevention of sanguinary strife or angry contentions between peoples whom we regard as brethren. The existence of this growing tendency convinces the President that the time is ripe for a proposal that shall enlist the good-will and active co-operation of all the States of the Western Hemisphere, both north and south, in the interest of humanity and for the common weal of nations. He conceives that none of the governments of America can be less alive than our own to the dangers and horrors of a state of war, and especially of war between kinsmen. He is sure that none of the chiefs of govern- ments on the continent can be less sensitive than he is to the sacred duty of making every endeavor to do away with the chances of fratricidal strife. And he looks with hope- ful confidence to such active assistance from them as will serve to show the broadness of our common humanity and the strength of the ties which bind us all together as a great and harmonious system of American common- wealths. Impressed by these views, the President extends to all the independent countries of North and South America an earnest invitation to participate in a general congress, to be held in the city of Washington on the 24th day of No- vember, 1882, for the purpose of considering and discuss- ing the methods of preventing war between the nations of America. He desires that the attention of the congress shall be strictly confined to this one great object; that its sole aim shall be to seek a way of permanently averting the horrors of cruel and bloody combat between countries, oftenest of one blood and speech, or the even worse ca- lamity of internal commotion and civil strife; that it shall regard the burdensome and far-reaching consequences of such "struggles, the legacies of exhausted finances, of op- pressive debt, of onerous taxation, of ruined cities, of par- alyzed industries, of devastated fields, of ruthless conscrip- tion, of the slaughter of men, of the grief of the widow and the orphan, of embittered resentments, that long sur- 257 vive those who provoked them and heavily afflict the in- nocent generations that come after. The President is especially desirous to have it undersl ood that in putting forth this invitation the United States does not assume the position of counseling, or attempting, through the voice of the congress, to counsel any determin- ate solution of existing questions which may now divide any of the countries of America. Such questions can not properly come before the congress. Its mission is higher. It is to provide for the interests of all in the future, not to settle the individual differences of the present. For this reason especially the President has indicated a day for the assembling of the congress so far in the future as to leave good ground for hope that by the time named the present situation on the South Pacific coast will be happily ter- minated, and that those engaged in the contest may take peaceable part in the 'discussion and solution of the general question affecting in an equal degree the well-being of all. It seems also desirable to disclaim in advance any pur- pose on the part of the United States to prejudge the issues to be present I'd to the congress. It is far from the intern of this Government to appear before the c< ingress as in any sense the protector of its neighbors or the predestined and necessary arbitrator of their disputes. The United States will enter into the deliberations of the congress on the same footing as the other powers represented, and with the loyal determination to approach any proposed solution, not merely in its own interest or with a view to asserting its own power, but as a single member among many co-ordinate and co-equal States. So far as the influence of this Gov- ernment may be potential it will be exerted in the direc- tion of conciliating whatever conflicting interests of blood, or government, or historical tradition may necessarily come together in response to a call embracing such vast and di- verse elements. You will present these views to the minister of foreign relations of the * * * enlarging, if need be, in such terms as will readily occur to you. upon the great mission which it is within the power of the proposed congress to accomplish in the interest of humanity, and upon the firm 563a— vol 4 17 258 purpose of the United States to maintain a position of the most absolute and impartial friendship towards all. You will thereupon, in the name of the President of the United States, tender to his His Excellency the President of * * * a formal invitation to send two commissioners to the congress, provided with such powers and instructions on behalf of their Government as will enable them to con- sider the questions brought before that body within the limit of submission contemplated by this invitation. The United States, as well as the other powers, will in like manner be represented by two commissioners, so that equality and impartiality will be amply secured in the pro- ceedings of the congress. In delivering this invitation through the minister of foreign affairs you will read this dispatch to him and leave with him a copy, intimating that an answer is de- sired by this Government as promptly as the just con- sideration of so important a proposition will permit. I am, etc., James G. Blaine. THE REPLY OF VENEZUELA. President Guzman Blanco to Minister Carter. Caracas, January 5, 1882. Esteemed Sir : The minister of foreign relations has acquainted me with the contents of your note in relation to the American Congress in Washington at the end of the present year. This idea is so transcendental, elevated, far-seeing, and practical that, although an official reply will be sent by this Government, I hasten personally to express, through you, my felicitations to the President and statesmen who direct the policy of North America. The future of South America may be looked upon as assured under the safeguard of the great Republic, which is at once our teacher and our model. Receive, Mr. Minister, with the gratitude, the assurances of the esteem of Your most obedient servant, Guzman Blanco, Hon. G. W. Carter. 259 Secretary Seijas to Minister Carter. Caracas, January 7. 1882. Set: I have the honor to inform your excellency that I have receive'l and submitted for the consideration of the President i >f the Republic the official communication from your legation of the 50th ultimo, in which you convey the information that the President of the United States of America has under consideration the formation and mblingof a Peace Congress, to be composed of all the independent States of Xorth and South America, to con- vene in Washington on the 22d of November, 1882, with the object of discussing and adopting practicable means, distinct from a recourse to arms, for the adjustment of controversies which may arise upon questions of boundaries or other causes ami >ng the independent political communi- ties of the Western hemisphere, or between different divis- ions or sections thereof, to the end that the misfortunes and grievous burdens of war may be averted. Your excellency refers for an explanation of the na- ture and objects of the proposed Congress to the letter of the most excellent Mr. Blaine. Secretary of State, a copy of which you inclose and which you had previously read to me. The moment that the illustrious American heard the con- tents of these communications read he regarded the idea expressed in them as grand and worthy of being accepted with enthusiasm by all the Spanish- American Republics, as being in the direct line of their aspirations and coinci- dent with that which inspired Bolivar to the formation of the Congress of Panama, so fervently commended by the President of the United States, Mr. John Quincy Adams. It is certainly an occasion of gratification that the first republic of the world, faithful to its noble antecedents. in view of the increasing disposition of these countries to seek in arbitration and not in force the solution of inter- national difficulties, and to regard it as their friend and mediator, after having, on various occasions, interposed its good offices and succeeded in prevent ing conflicts or putting an end to those already in existence, without any preten- 260 sions to a dictatorship and solely as a manifestation of com- mon friendship, moved solely by impulses of philanthropy and civilization, has taken the lead in a matter of so much importance to the other nations of the Western continent, and eagerly takes advantage of the great influence derived from its immense progress and power to terminate the horrible calamities of war between brothers, and deigns to preside over the deliberations of a Peace Congress, which has for its object the search for the means of ar- ranging future misunderstandings without an appeal to war and its fatal consequences. And their pleasure is increased by the contemplation of the fact that the United States are proceeding in a manner which respects the independence, the other attributes of sovereignty, and especially equality between themselves and the nations invited to compose the Congress, offering to bring to bear all their influence towards the conciliation of all opposing interests in the states which accept the invitation, of even assuming the expenses of the organiza- tion of the Congress, the interpretation and publication of its proceedings, etc. , as your excellency has informed me in an. official communication of a later date. A proposition so exalted carries within itself the assur- ance of its successful accomplishment by the Government which has undertaken it; hence, there is especial reason for the hope that on the present occasion there shall be no failure of the efforts dedicated to the suppression of war between the nations of the American continent. Should this be successful, the example will not be lost on the other hemisphere, and the world shall witness the disappearance of that scourge and the substitution for the consolation of humanity and as a manifest sign of progress, of prac- tices of love for the lives and property of men united in fraternal accord. It is proposed to put in execution the same thought which ruled the breast of every Venezuelan when, from the 19th of April, 1819, they repeated the heroic and prophetic cry: "Long live Free America!" It is the far-seeing anticipation of the immortal Bolivar when in the midst of a war to the death he proclaimed it 261 to the Argentines and invited them to a fraternal embrace upon tlic summits of the Andes in the center of the conti- nent on the day of his last victory. It is the plan formulated by Bolivar as the consumma- tion of the work of independence, and for whose realization he convoked the Congress of Panama in 1825. And, finally, it is the luminous design with which other continental congresses have since convened, among them that of Lima in 1864, in which Venezuela participated. The President of the Republic, who has had occasion to appreciate the good-will and mediation of the United States in its favor, and who expects everything as the outcome of a solid and permanent peace between the nations of America, accepts with pleasure the invitation for the Peace Congress in Washington, and in due time will designate the two Commissioners to represent Venezuela, providing them with the necessary powers and- instructions. I renew to your excellency the assurances of my high consideration. Rafael Seijas. The Most Excellent Mr. Geo. W. Carter, Minister Resident of the United States of America. THE REPLY OF GUATEMALA. Secretary Cruz /<< Minister Logan. Department of Foreign Relations of Guatemala, Guatemala, January 12, 1882. Sir: I have had the honor to receive your excellency's communication, accompanied by a copy of tin.' highly im- portant dispatch recently transmitted by your excellency's Government inviting the independent governments of America to participate in a general peace congress, to be convened in the city of Washington, and which is to enter upon its labors on the day of November, 1882. I immediately laid before the President of the Republic your excellency's communication and the very notable dis- 262 patch to which it refers, and the purpose of which was to invite my Government to send two representatives to the congress to be held under the auspices of the Government of the United States of America, which has generously offered to defray the expenses and make the arrangements for the realization of that exalted and friendly project, leaving to the invited nations only the expenses of their own representatives. The President has welcomed this exalted idea with the greatest enthusiasm, and has received with profound and heartfelt satisfaction the invitation extended to my Gov- ernment. It could not be otherwise in view of his sincere and manifest consideration and deference for the great Republic, by whose friendship and cordial attitude he feels honored, and whose institutions and greatness he admires; it could not be otherwise in view of the probability that only under the auspices and through the initiative of so worthy and powerful a nation will peace be practically realized between the peoples of this beauteous continent, now so frequently distressed by inexplicable contests and wars, but who need only internal trancpiillity and union and cordial relations among themselves, to profit fully by the abundant elements of prosperity which they possess, and to fulfill the great destinies to which they are called. My Government therefore gladly undertakes to send to the congress, which will mark an epoch in history, two representatives, with full powers and instructions to dis- cuss and point out the best methods for preventing wars between the nations of America. It rejoices to learn that the United States are about to add to the long catalogue of glories which constitute their history the incomparable glory of converting into a reality what until now has been deemed only the most beauteous dream of philanthropy and the greatest but almost impossible aspiration of hu- manity. Your excellency will permit my Government to commu- nicate, through you, to the Government of the American Union the most cordial felicitations and earnest thanks. The first step has been taken; the movement has been in- itiated, and it can not be doubted that it will be carried to 263 a successful termination, led as it is by the nation which never retreats from its purposes, but, on the contrary, pushes them forward with resolution and enthusiasm, s< i as to astonish the other nations which wonder at its energy and vigor. I avail myself of so welcome an occasion again to assure your excellency that I am, with the most distinguished consideration and esteem, Your very faithful and attentive servant. Fernando Cruz. His Excellency Mr. Cornelius A. Logan, etc., present. THE REPLY OF BRAZIL. Secretary De Sa to Minister Osborn. Department of Foreign Affairs, Eio de Janeiro, February 8, 1882. I have had the honor to receive the note which Mr. Thomas A. Osborn, envoy extraordinary and minister pleni- potentiary of the United States of America, was pleased to address me on the 3d instant, repeating the invitation which in our interview of that day he extended in the name of the President of the United States that Brazil send two commissioners to the congress to be opened in Washington on November 23d, to consider and discuss the means to prevent war between the nations of America. In answer to that note I have the honor to communicate to Mr. Osborn that his Majesty the Emperor, by agreement with his ministers, has resolved to accept said invitation, and that accordingly Brazil will be represented in the pro- posed congress, in conformity with the terms of the dispatch of the American Government of which the honorable min- ister had the goodness to leave me a copy. I avail myself with the pleasure of this opportunity to reiterate to Mr. Osborn the assurances of my high consid- eration. F. Franco de Sa. Mr. Thomas A. Osborn, etc. 264 THE REPLY OF SALVADOR. Secretary Gallegos to Minister Logan. Department of Foreign Affairs of Salvador, San Salvador, February 13, 1882. Sir: I have had the honor to receive your excellency's courteous dispatch dated January 4 last, and with it a copy of the notahle and important circular which the Cabinet at Washington has addressed, under date of November 19 of the year last past, to the Governments of the American continent, inviting them to send plenipotentiaries to a congress which is to assemble in that capital on the 22d day of November of the present year, and which will en- deavor to discover means for preventing wars between the nations of the New World. The President of the Republic has carefully studied the important considerations which have suggested to the American Government that grand and humane idea, as also the exalted views which it entertains'as to the matters to be submitted to the deliberations of the congress; and recognizing in both that spirit of fraternity and american- ism characterizing the principal tendencies of the nations of this continent, in harmony with their noblest and most positive interests, he (the President) could not but welcome with enthusiasm the generous views of the American Gov- ernment,' whose leadership in a work of civilization and peace destined to exalt the good name and assure the progress of these Republics, he congratulates. My Government, then, accepts at once the invitation ex- tended to it by that of your excellency; and, in compliance with its wishes, proposes to send, on the- occasion men- tioned, the two plenipotentiaries who are to represent it, with appropriate instructions. In the meantime I take pleasure in reiterating to your excellency the assurances of distinguished consideration witli which I have the honor to subscribe myself, your most attentive servant, Salvador Gallegos. Hon. Cornelius A. Logan, Minister Resident of the United States in Central Ami rica, Guatemala. 265 THE RErLY OF NICARAGUA. Secretary Medina to Minister Logan. Managua, February 14, 1882. Sir: Your polite communication dated the 4th of Jan- uary last, inclosing a copy of a dispatch which your ex- cellency had received from the Department of State, con- veying instructions to invite all the States of Central America, in the name of your Government, to send two special commissioners to the general Peace Congress pro- posed to he held in Washington during t lie month of No- vember next, has been received. Without time to properly respond to (his important communication, and applauding the philanthropic pur- poses your excellency's Government has in view, I restrict myself at this time to informing you that the Government of this Republic will take the matter under serious con- sideration, and that in due time I shall have the honor to communicate to you the resolution which may be adopted. It affords me much pleasure to renew to your excel- lency the assurances of my distinguished consideration. F. J. Medina. Hon. Cornelius A. Logan. Minister of tht United States m Nicaragua. THE REPLY OP HONDURAS. Secretary Rosa to Minister Logan. Ministry op Foreign Relations, Tegucigalpa, February 20, L882. Mr. Minister: I have received the communication of your excellency of the 4th of January last, and with it the important dispatch of his excellency the Minister of State of the United States of America, invitingmy Government, through your excellency, to be present, by means of two commissioners, at the Peace Congress to be assembled in Washington on the 22d of November of the current year. I have referred the contents of the aforesaid documents, soworthy of high appreciation, to His Excellency the Presi- 266 dent of this Republic, who has instructed me to say to your excellency that the Government over which he presides fully reciprocates the noble sentiments and elevated aspira- tions which the dispatch of his excellency the Minister of State of the United States contains ; that it accepts with much pleasure the cordial and noble invitation addressed to it through your excellency, and that in due time he will appoint two commissioners, with ample instructions, to attend the great Peace Congress which, it is to be hoped, for the welfare of Latin America and the honor of the United States, will settle questions of the greatest interest to the future of the nations of the American continent. I regret that your excellency has not been able, by reason of ill health, to visit this capital, where my Government would have been pleased to hear your opinions and re- marks on this important affair. But this regret is in part compensated by the pleasure I have in congratulating you for the lofty sentiments expressed in your communication. You excellency will be pleased to communicate the terms of this dispatch to his excellency the Minister of State of the United States, and receive the assurance of my dis- tinguished consideration. Your very attentive servant, Ramon Rosa. His Excellency Cornelius A. Logan, Minister Resident of the United States in Central America, Guatemala. THE REPLY OF BOLIVIA. Secretary Zilocti to Minister Adams. Ministry of Foreign Relations of Bolivia, La Paz, February 2'4, 1882. Sir: On the 18th instant I had the honor to receive your excellency's note of the 16th, with which you were kind enough to transmit a copy of a dispatch from the Department of State of the United States to the le- gation which your excellency so worthily occupies, in- tended to invite the Government of Boliviato an American 267 Congress which shall meet at Washington on the 22d of November of this year. In pursuance thereof, your excel- lency has been pleased to invite my Government officially to send its representatives to said Congress, called to delib- erate upon matters affecting the future peace and pr< ispi srity of all the nations of the continent. This very important dispatch will be brought to the knowledge of my Government, and I am sure it will be appreciated as it deserves, because of the high ends the congress has in view in behalf of America and the sta- bility of its governments, and because of the high pur- poses with which the most excellent Government of the United States initiates said Congress. It will be very agreeable to me to transmit to your excellency the reply of the Government of Bolivia. Meanwhile, expressing my acknowledgment of your excellency's kind attention, I beg to remain with con- sideration and respect. Your attentive and obedient servant, P. Jose Zilocti. His Excellency Mr. Charles Adams, Minister Resident of the United States. THE REPLY TO COSTA RICA. Secretary ('astro to Minister Logan. Department of Foreign Relations, National Palacfi, San Jose. February 25, 1882. Sir: The very courteous and lucid communication of your excellency, dated 4th of January last, has reached my hand, accompanied with an authenticated copy of the important dispatch which was addressed to your excel- lency the 20th of November last by his excellency James G. Blaine, Secretary of State in the Cabinet of Washington. The dispatch alluded to endeavors to show the in- creased advantage that would accrue if all the independ- ent countries of North and South America should lake 268 part in a general Congress, to meet on the 22d of No- vember of the present year in the city of Washington, and whose principal object will be to consider and discuss means to prevent war between the American nations. To that end, and carrying into effect the lofty aims of the President of the United States in this regard, he invites, in the same dispatch, and also through your excellency, His Excellency the President of this Republic to send two commissioners to the said Congress, provided with the necessary powers and instructions, to take into considera- tion the questions which might be submitted to said Con- gress, within the scope of the invitation. The President of Costa Rica, to whose knowledge I brought the note of your excellency and the copy of the dispatch referred to, has long recognized the necessity of the measure which the President of the United States now suggests and the considerable advantage the Americans will derive from it, as is evidenced by the multitude of documents emanating from the Cabinet of Costa Rica, and the recent punctuality with which the President of this Government sent its representatives to an American Con- gress, which was agreed to convene in Panama the 1st of December of the year just past. With the same spirit he may enter upon the consideration of the newly proposed Congress and give a definite reply; but he deems it pru- dent to wait until he ascertains if the Government of the United States persists in its project of an American Inter- national Congress since future events, such as the declina- tion of the invitation by the Government of Colombia, may cause it to change its mind. The Government of the United States will understand, without doubt, the justice of the stand taken by Costa Rica, and here with this occasion I reiterate the assurance of my appreciation and distinguished consideration. Jose Ma. Castro. Hon. Cornelius A. Logan, etc. 269 THE REPLY <>V MEXICO. Secretary Mariscal to MinisU r Morgan. Department of Foreign Relations, Mexico, March 23, 1882. Mr. Minister: I have the honor to reply to your excellency's note, of December 15 last, by which, referring to our interview of the same date, and to the important despatch addressed to yon from Washington on Novem- ber 29th by the Hon. Secretary of State, of which docu- ment you were pleased to leave me a copy, you extended, in the name of the Government of the United States of America to the President of the United States of Mexico an invitation to send two commissioners to a general con- gress of all the independent countries of North and South America, which is to assemble in Washington on Novem- ber 21th, lss-.». for the purpose of examining and discussing means to prevent war between the American nations, such commissioners to have the powers and instructions neces- sary to the fulfillment of their mission. The end which your excellency's Government has in view in extending this invitation deserves the sincerest approbation and applause of the Governments to which the invitation is addressed. To avoid the evils of war, which the honorable Mr. Blaine eloquently describes in a few words, is without doubt the noblest of aspirations, that which is most important to the moral and matt-rial progress of the nations; that which is fraught with the grandesl consequences for humanity. This project, so interesting that it recommends itself to the nations of the globe, acquires double importance when suggested to na- tions which, like those of the New World, are united to one another, be it by ties of blood, by common political institutions, or at least by the peculiar position in which they all alike stand toward the nations of the Old World. Certain it is that no American Government can. or at least .should, feel less impressed than that of your excellency by the dangers and horrors of war. especially when waged bysister nations ; and certain also is it that no chief mag- istrate in the continent of Columbus can be less sensible 270 than the President of the United States of the necessity of putting an end to those fratricidal struggles. The one difficulty, if any, which will present itself will be as to the practical means by which we may attain an end which is at once justly applauded and universally desired. The attitude assumed by the Washington Government in this humane enterprise is worthy of the praise of the entire world and the most favorable consideration on the part of the nations concerned. Your excellency's Gov- ernment deserves especial praise for its respect for the Law, which makes no distinction between the feeble and the strong, when it protests that it does not pretend to dictate or coerce in this matter, but only to manifest the good will, the disinterested solicitude of a friend. In the very act of protesting against force, of promoting its ab- solute proscription among the American nations, that one of those nations which has undertaken this generous pro- paganda (though she is the most disinterested, inasmuch as her greater resources make war less dangerous to her) clearly could not take advantage of her position as the principal power of the New World to impose by her au- thority the methods of putting an end to discord among her neighbors, but could only appeal, as she does, to friendly persuasion, by way of leading them to a volun- tary agreement, the only source of rights and of obliga- tions for sovereign communities. Since 1853 that Government has been engaged in this glorious undertaking, in consequence, as I understand, of a recommendation from the Senate to the President that, whenever it should prove possible, there should be inserted in treaties made an article looking to the submission of the difficulties arising between the contracting parties to the decision of arbitrators chosen by common consent; and even before that date, in 1848, a similar clause had been inserted, with prudent limitations, in 'the treaty of peace concluded that year by our two nations. It is thus not strange that the United States should now recommend the same idea to all the States of America in general, nor is it strange that Mexico should be found disposed to adopt it. 271 Tin- Mexican Government, whicti was sorry not to be able to accept Colombia's invitation to participate, through its representatives, in a congress which was to assemble in Panama for the purpose of signing a treaty similar to that which Colombia had concluded with Chili, binding them- selves in perpetuity to submit to arbitration all the ques- tions which might arise between thesignatory powers; thai Government, which, while admiring and applauding the aims of such a negotiation, could not think that the terms in which they were then embodied were compatible with the just and legitimate interests which it is bound to de- fend, has now the satisfaction to find that in the project for an American Peace Congress, proposed by your excel- lency's Government, the serious difficulties which pre- vented it from participating in the one proposed by Co- lombia have been obviated. It appears that in the congress now proposed representa- tion is to be accorded to all of the nations of America, without excluding any, either because of the peculiarity of its form of government, or on account of its superiority in the possession of the elements of power; and that all are to assume the same obligations, upon a footing of per- fect equality. This circumstance imparts to the present project a practical importance which, from the point of view of this Republic, was lacking in the earlier one. Furthermore, no specification is made in the project of the United States of the means to be adopted for preventing war, nor is any particular draft of the proposed convention suggested for adoption. Complete liberty is thus left to the parties in interest to discuss and agree upon these points, and to designate, if arbitration should be adopted, the cases in which it can be resorted to, and those in which resort to it is deemed impracticable. It is intended, too, that the commissioners shall meet at a time when quest i< >ns which are now pending (and in reference to which interests may have come into existence, which would have to be respected) will have been decided, or shall have wholly disappeared. The Mexican Government, then, does not encounter on this occasion the difficulties winch before repelled it, and 272 it deems it compatible with the national interests to send its representatives to an assembly which is to discuss the methods of insuring peace in the American continent. For these reasons the President of this Republic accepts with pleasure the invitation which, through your excel- lency, has been addressed to him by the President of the United States of America, to send two representatives to the International American Congress which is to meet in Washington on the 24th of November next. I take pleasure in communicating this to your excel- lency, reiterating in this connection, the assurances of my exalted consideration. Ignacio Mariscal. His Excellency Philip H. Morgan, etc. Note. — Owing to the international complications in South America the proposed Congress of 1882 was post- poned, and the following communication to that effect was sent to the several Governments which had been in- vited: [Circular letter.] Mr. Frelingliuysen to Mr. Osbom. Department of State, Washington. August 9, 1S82. Sir: The President, through the medium of your lega- tion, in November last, extended to the Government of * * * an invitation to be represented at a Congress of American States, which it was proposed to hold in Wash- ington on the 22d day of November next, for the purpose of considering questions connected with the preservation of peace on the American continent, and it is presumed that you have, in compliance with the Department's instruc- tions, communicated the invitation to the Government of # # * At the time that proposal was put forth the President expressed the fervent hope that by the date fixed for the meeting of the Congress the questions now dividing some 273 of the republics of the southern continent would have dis- appeared, and that the representatives of the several com- monwealths could meet with freedom to discuss the future aspects of the question, unaffected by any existing nati< mal difficulties. The President, however, now directs me to instruct you to inform the Government of * * * that inasmuch as that peaceful condition of the South American Republics, which was contemplated as essential to a profitable and harmonious assembling of the Congress, does not exist, and he having besides on the 18th day of April, 1882, sub- mitted the proposition to Congress without evoking an ex- pression of its views on the subject, and no provision hav- ing been made by it for such a Congress, he is constrained to postpone the projected meeting until some future day. While thus giving due notification to the friendly gov- ernments interested, the President can not but express his belief that the fact of such a Congress having been called has not been without benefit, it having directed the atten- tion of the people of the United States, as well as of the Republics of South America, to the importance of having a more defined policy, to be satisfactory to all, governing the international relations of the republics. You will communicate this dispatch to the minister for foreign relations of * * * at an early day by reading it to him, and, if he shall so desire, leaving with him a copy of it. I am, etc., Fred'k. T. Frelinghuysen. To the foregoing communication Guatemala, Ecuador, Salvador, Uruguay, and Paraguay replied as follows: Guatemala. New York, 17 West Forty-second Street, Legation of Guatemala, June 5, 1882. To the Honorable Secretary : The invitation to a Peace Congress, issued by the Gov- ernment of the United States in November of the year 563a— vol 4 18 274 last past, was received with enthusiasm by the Govern- ment of Guatemala. The message of President Arthur to the Congress of the United States upon the same subject gave rise to a fear that the beautiful conception of a Peace Congress was not to be realized. It is not incumbent upon me to consider the objections which have been urged against such a Congress, save only in so far as those objections have reference to my country. Guatemala, Honduras, and Salvador are to-day bound together by the ties of the sincerest friendship. This friendship extends to Nicaragua, while as to Costa Rica nothing exists which can prove an obstacle to the Peace Congress. I pray your excellency to be pleased to send a copy of this note to the Congress of the United States, so that it may be had in mind when the Peace Congress shall be dis- cussed. I am your excellency's most attentive and respectful servant, Lorenzo Montufar. His Excellency the Secretary of State, F. T. Frelinghuysen. Ecuador. Ministry of Foreign Relations of Ecuador, Quito, September 15, 1882. Mr. Minister : Having had the honor to receive the note which, under date of December 1, the Hon. James G. Blaine, Secretary of State in the Department of For- eign Relations of the Government of the United States of America, was pleased to send me, inviting the Govern- ment of Ecuador to send representatives to the American Congress which it was desired to convene in Washington on the 22d of November, 1882, I was instructed by the President of this Republic to accept the invitation, and I replied to the note, under date of March 18 of the present year, stating that my Government would at the proper time send two representatives to the Congress, 275 To-day I have again been honored by the receipt of the important note which, under date of August 9 last, your excellency has been pleased to address to me, stating that it has been decided to postpone the assembly to a future day, because peace in the South American Continent — that essential condition to the holding of the Congress — has not yet been re-established, and because the American Legislature has closed its sessions without taking action upon the President's message as to said Congress. My Government, grateful for the invitation sent to it to participate through its representatives, as also for the courtesy with which your excellency's Government has been pleased to communicate the postponement recently decided on, for the reasons mentioned in the said note, has directed me to inform your excellency that, there being such good reasons for the delay in the meeting of the Con- gress, it accepts the postponement without comment. I take advantage of this opportunity to reiterate to your excellency the assurances of the distinguished considera- tion with which I subscribe myself your excellency's at- tentive and obedient servant, Francisco Arias. His Excellency the Minister of Foreign Affairs of the United States of America, Washington. Salvador. Department of Foreign Relations, Republic of Salvador, San Salvador, October 3, 1882. Mr. Minister: I have had the honor to receive in due time your excellency's polite communication, dated Sep- tember 9 last, inclosing a copy of a note addressed to your excellency by the Secretary of State at Washington, the purpose of both papers being to inform this Government that, inasmuch as there remain still unsettled the differ- ences between certain of the Republics of South America, whose pacification is deemed an essential condition to the assembling of the International Congress convoked for the month of November next, the American Government has 276' decided to postpone indefinitely the meeting of such con- gress, at which it hopes that this Republic will still be represented when the time comes. It is much to be regretted that the questions on the Pa- cific have not yet been settled in a way which should har- monize the interests of the Republics concerned therein, and that in addition to this there should exist those other reasons which the foreign Secretary of the American Gov- ernment so correctly sets forth, for postponing to a more distant date the meeting of the Congress, thus delaying the discussion of very important questions, the settlement of which would better define American international law, and at the same time exert the most beneficent and trans- cendent influence in promotion of the tranquillity and progress of the nations of the continent. The hope nevertheless remains that so beneficent an idea has not been abandoned, and that later, when the ex- ceptional conditions through which several sister Republics are now passing shall have changed for the better, it may prove possible to realize in practice with enthusiasm and success this grand idea. The Government of Salvador, which was one of the first to applaud and accept the invitation which on the 4th of January last was addressed to it by your excellency for the purpose mentioned, will certainly not be the last to appear at "Washington through its representatives when the time shall come to carry out the plan; and in commu- nicating to your excellency the favorable attitude which my Government maintains toward the project stated it gives me pleasure to reiterate the assurances of the distin- guished consideration with which I am Your excellency's attentive and faithful servant, Salvador Gallegos. His Excellency Mr. Henry C. Hall, etc. . Uruguay. Montevideo, October 12, 1882. Mr. Charge d'affaires: I have brought to the knowl- edge of his Excellency the President of the Republic the 277 note addressed to you by the Secretary for Foreign Affairs of North America, and of which you were good enough to leave an authenticated copy in this department, with reference to the postponement of the Congress which was to have met in Washington on the 22d of November of the present year, for the purpose of discussing questions con- nected with the maintenance of peace in the American continents. As soon as he was informed of the felicitous idea of your Government of bringing about a reunion of the plenipo- tentiaries of the nations of America, with aims so exalted and attractive, the President of the Republic welcomed it with joy. and at once accepted with pleasure the invitation extended to him to participate in the proposed Congress, so informing your predecessor, General Caldwell. Believing and trusting, as he does, that the results of that Congress can not but prove exceedingly efficacious in the maintenance of peace in the countries of America, thus promoting their progress and welfare, the President of the Republic directs me to request that you be so good as to communicate these sentiments to your Government, with the hope that, perhaps soon, it may be possible to realize the noble aims of the North American Govern- ment, which has known how to interpret faithfully those of the nations which have been invited to send representa- tives to the Congress. Having thus carried out the directions of his Excellency .the President of the Republic. I have the honor to reiter- ate to you the assurances of my distinguished consideration. Oscar Hordenana. Hon. William Williams, Charge d' Affaires of the United States of America. Paraguay. Asuncion, October 17, 1882. Mr. Charge de Affaires: I have had the honor to re- ceive your polite note of the 4th of this month, with which you had the kindness to send me the cony of the communi- 278 cation to which the honorable Secretary of State for the United States had sent to the legation of which you have charge, referring to the reunion of the Congress of Ameri- can States, which was to have assembled on the 22d of next November. I have complied with the grateful duty of bringing the said communication to the knowledge of this Government, which has taken notice of the motives which have determined the Government of the United States to postpone the projected reunion until new notice. In thanking you for the attention it is an honor to me to renew the assurances of my most distinguished con- sideration. Jose S. Decoud. His Excellency William Williams, Charge de Affaires for the United States of America, Montevideo. THE SOUTH AMERICAN CONGRESS AT MONTEVIDEO. 1888 — 1 889. THE SOUTH AMERICAN CONGRESS AT MONTEVIDEO. 1888-1889. The " South American Congress,*' which held its sessions at Montevideo from August 25, 1888, toFebi-uary 18, 1889, was not properly a movement towards political or com- mercial unification of all the nations of America. It was merely a congress of jurists, and by its nature and for all purposes and effects exclusively South American. But it must be mentioned, nevertheless, in this place, not only because it was an important exponent of the civilization of the States of the southern portion of this continent, but also because it was an advanced step towards the satisfac- tion of a necessity deeply felt in America.* * On the 9th of December, 1877, the anniversary of the battle of Ayacucho, which put an end to the Spanish rule in South America, another Congress of Jurists had met at Lima, Peru, at the invitation of the Peruvian Government. As it appears from a note of the De, art- ment of Foreign Relations of that Republic, dated May 21, 1878, that Congress was attended by plenipotentiaries from Bolivia, Cuba (whose independence had been recognized by Peru), Chili, Ecuador. Honduras, Peru, the Argentine Republic, and Venezuela. Later on Costa Rica sent a representative, and still later Guatemala and Uruguay adhered to the conclusions reached. The meetings which were held by that assembly of distinguished men of law were many and had the following result: 1. A treaty for the establishment of uniform rules in the matter of private international law, dated November 9, 1878. 2. A treaty of extradition, dated March 27, 1879. Both documents appear as an Appendix to the report sent to the Peruvian Congress in 1879 by the Secretary of Foreign Relations of that Republic. The report of 1878 contains also interesting details about the inauguration of this Congress of Jurists. 281 282 If extradition treaties are entered into without difficulty between the different States, the decisions of foreign courts in criminal matters, oven if not final, being thereby caused to be respected, so far at least as the arrest of the offender and his delivery to the court of original jurisdiction are concerned, no argument seems to be necessary to prove that the same thing must be done in civil matters, and that the interests and rights of great moment often involved in judicial acts of one country should also be caused to be respected and enforced in others. Some nations have secured the satisfaction of this neces- sity by means of treaties, as it has happened, for instance, between Colombia and Spain. But certainly it is better, if practicable, to try to reach this result by collective action in a conference of many, if not all, the nationc in- terested in securing it, even if no other reason could be given than the benefit which always is derived from inter- national meetings, when undei taken and conducted under the inspirations of common friendship and good will. The idea of causing the South American Congress to convene seems to have occurred simultaneously to the Governments of the Argentine Republic and of the Orien- tal Republic of Uruguay. So it appears from the follow- ing interesting document: PROTOCOL PROVIDING FOR THE HOLDING OP THE CONGRESS. In Buenos Ayres, on the fourteenth day of the month of February, of eighteen hundred and eighty-eight, the minister of foreign relations of the Argentine Republic, Doctor Don Norberto Quirno Costa, and his excellency the envoy extraordinary and minister plenipotentiary of the Oriental Republic of Uruguay, Doctor Don Gonzalo Ramirez, being met in the office of the former for the purpose of carrying into immedi- ate realization the idea in which their respective Governments have coincided, of calling together a congress of jurisconsults of the several nations of South America to make uniform, by means of a treaty, the several subjects embraced by private international law, recognizing the want of unity existing in the legislation of the several countries, and persuaded of the importance of removing the obstacles that in many cases that difference presents, all of which will disappear from the moment a uniform legislation shall facilitate civil relations between individuals, or a common law is established to adjust differences in case of inability to prevent them, both conferees agreed as follows: 283 First. The Argentine and Oriental Governments shall invite sepa- rately, but simultaneously, the Governments of Chili, Brazil, Peru, Bolivia, Ecuador, Colombia, Venezuela, and Paraguay to the meeting ( >f an International South American Law Congress, whose object shall be the conclusion of a treaty embracing the subjects embodied in private international law. Second. The Congress shall meet in the city of Montevideo, its open- ing taking place on the 25th of August next. Third. Each of the governments adhering to the holding of the Con- gress shall be represented therein by two plenipotentiaries or delegates. Fourth. The Argentine and Oriental Governments shall mutually agree as to the terms of the note of invitation to the other South Amer- ican Governments, which shall be addressed to them in the early part of the month of March next, in order that they may have time sufficient to be represented in the < longress on the day set for its installation. It was so agreed, the Conference terminated, this protocol being signed in duplicate for purposes of record and other effects. N. Quirno Costa, Gonzalo Ramirez. Department of Foreign Relations, Buenos Ayres, 20 February, 1888. Approved: Juarez Celman, N. Quirno Costa. Seven nations were represented in this Congress by the following plenipotentiaries: The Argentine Republic by Doctor Don Roque Sat'ir/. Pena and Doctor Don Manuel Quintana. Bolivia by Doctor Don Santiago Vaca Guzman. Brazil by Doctor Don Domingo de Andrade Figueira. Cliili by Don Guillermo Mata and Don Belisario Prats. Paraguay by Doctor Don Benjamin Aceval and Doctor Don Jose Z. Caminos. Peru by Doctor Don Cesareo Chacaltana and Doctor Don Manuel Maria Galvez. And the Oriental Republic of Uruguay by Doctor Don Udefonso Garcia Lagos and Doctor Don Gonzalo Ramirez. Doctor Don Udefonso Garcia Lagos and Doctor Don Roque Saenz Pena were elected, respectively, the former president and the latter vice-president of the Congress. The secreteries were Don Ricardo I. Pardo and Don Oscar Hordeiiana, chief clerks, respectively, the former of 284 the department of foreign relations of the Argentine Re- public, and the latter of the same department of the Ori- ental Republic of Uruguay. This Congress held thirty-five meetings, with the follow- ing result: 1. A treaty on international civil law. 2. A treaty on international commercial law. 3. A treaty on international penal law. 4. A treaty on international law of procedure. 5. A treaty on literary and artistic property. 6. A treaty on trade-marks. 7. A treaty on patents. 8. A convention on the practice of the liberal professions. 9. A protocol, containing provisions of a general char- acter additional to the foregoing instruments. Some of these treaties have been subsequently approved and ratified by the South American nations, and are the law of the land in the countries which have so approved them. Other nations, as, for instance, Chili, has rejected one (the treaty on international civil law) and accepted the others; and in other nations they are still under study. The following speeches with which the Congress was closed will certainly be read with interest. Doctor Garcia Lagos, President of the Congress, ex- pressed himself as follows: Gentlemen, on a day memorable in the annals of my country, and in the midst of sympathetic demonstrations toward you as eloquent as they were haimonious, I inaugurated six months since the sessions of this Congress, greeting you as the molders of American law and fra- ternity. A generous and grand idea inspired us. But one thought animated us, the success of the task before us, yet we did not conceal a certain f eeling of trepidation at the contemplation of the arduousness of an undertaking in which others had failed Mutual helpfulness having given heart to our faith, and the goal having been reached, I have to-day the honor to address you for the last time to congratulate you in the name of the President of the Republic for the notable success which has crowned the labors of this Congress of plenipotentiaries, presenting, as it has, to the several Governments a series of treaties which form a veritable code of private international law, the most complete, systematic, and practical recorded in diplo- matic annals. 285 And in saying this, gentlemen, there is not any arrogant exaggera- tion; for we recognize— and we recognize it willingly— that in the prep- aration of that task we have consulted the works of the most emi- nent jurists and thinkers of modern times, and also that it has been comparatively easy for us to arrive at proper conclusions upon points which appear as veritable problems in the international jurisprudence of other countries whose political and social conditions differ from those of the nations represented in this Congress. In tl lis way. keeping those precedents in view, or disregarding them at times to accept other principles more in keeping with, or better adapted to, the peculiar character or necessities of our countries, the Congress has succeeded in establishing fixed rules for the settlement of the differences arising from the conflict of the laws regarding private relations in civil life as well as in commercial interchange and maritime traffic. It has succeeded in reconciling the demands of justice with the right of personal liberty. It has laid down the recognition of the right to literary, artistic, and industrial property within the limits marked out by social interest; it has prescribed reciprocal privileges for the exercise of the liberal professions; and it has determined, in fine, the jurisdiction overall legal relations affecting persons, acts, and prop- erty, as well as the special rules to be followed in the conduct and decision of proceedings, the principle of the territoriality of the laws, which means mutual respect for the sovereignty of the states, prevail- ing and being confirmed in all the wide range covered by its provis- ions. Gentlemen, you have brought your mission to a close, and what is still more, you have discharged it with a wisdom and liberal and pro- gressive spirit worthy of America. So signal a service rendered in be- half of the development of their international relations and the science of law is already applauded by the countries on either bank of the Plata, represented on this auspicious occasion by the high magistrates presiding over them, and it will be applauded on the morrow in your countries as one of the acts which more faithfully marks the stage of your political progress and your social cultmv. Let us express the fervent hope that this work shall become still more profitable, and that, leaping the boundaries of our continent, it may very soon obtain the adhesion of other states of Europe and America, thus daily strengthening more, through the certainty and stability of all laws, the well-being of their citizens who may come to live on our soil, under the protection of its institutions. Before we, who have up to to-day participated in the same fatigues, shall separate, permit me, my hand grasping yours, to congratulate you sincerely and feelingly for the success achieved, and to assure you that the honerable President of the Republic will in a short time carry out the announcement made in his last message to the honorable Con- gress relative to the sanction of the treaties. And now, tendering a respectful greeting to the illustrious Presidents . 286 of the Republics of the Plata who organized this Congress, as well as to the other chiefs of state who have given it their effective co-operation, I declare the sessions closed. His excellency Dr. Quirno Costa, Secretary of Foreign Affairs of the Argentine Republic, followed, pronouncing the following discourse: Honorable plenipotentiaries, it becomes my pleasant duty to extend to you the congratulations of the Argentine Government for the happy outcome of your labors, which will so largely contribute to the closer binding of the South American countries, uniting them still more through the. enactment of a common legislation touching the principles which have been the object of your deliberations. The fruit of your labors has been eight international compacts, and if opinions have not harmonized on all of them, still the fraternal and patriotic spirit which has inspired each one of the members of the Con- gress must be recognized; it being left to the Governments to seek in time the solutions which shall best subserve the common interests by reaching an agreement upon questions of form, or upon matters of substance, in so far as shall be in keeping with the constitutional law of the several countries. In the vast programme of your work you have had scope enough to embrace in their varied phases the most complicated problems of private international law, considering it in its broadest sense, as it is considered by noted writers, and as demanded by the progress of science which tends to expand its component parts, thus obeying modem ad- vancement which develops it in the same ratio as the relations between nations grow more intimate and communication more frequent. You have established the rales most in keeping with the principles of law. making laws respecting persons, things, and acts, and with this triple object in view, the treaties negotiated embrace matters civil, commercial, and penal, the programme of your labors being completed by the most advanced declarations relative to literary property, which, like property in other things, could not be disregarded in view of our constitutional laws, and by Governments who maintain such extensive relations with the Old World, which not only sends us capital and muscle, but also the literary and scientific works of its great thinkers. No nation can consider itself wounded by the conclusions arrived at by the International South American Congress, and far from this, the nations of Europe will find new proofs that it has been sought to pro- claim principles winch will be influential in the way of fostering good relations with the countries with whom we exchange our products and divide our riches. Honorable plenipotentiaries, there was a time when the genius of Bolivar entertained the idea of a great congress to organize a South American confederation, and when the fruitful spirit of Monteagudo, giving form to the thought of the great captain, laid out with manly 287 word the programme of an assembly of representatives of the Govern- ments of this portion of America. An offensive and defensive alliance against any European nation was sought, and the object of the Congress of Panama was to provide for this which was deemed a necessity; but on this occasion the eagle of the Orinoco did not meet with the success it did at the '■' embrace" of Guayaquil, when it hurled the Spanish lion from the Andes to the other side of the seas, and which, on that solemn occasion, was inspired by sentiments of sublime patriotism, picturing in its mind, perchance, the field of Ayacucho, where the last cannon's roar proclaimed to the w< irld that the Republics destined to be the pride of the Latin race were free and independent. Before this time, gentlemen, San Martin had foretold also, in the presence of eternal snows and upholding the strong arm of O'Higgins, that the freedom of Chili would be secured at Chacabuco, crossing with his cannon the most towering and inaccessible peaks, once more tc > carry out the compact of Chilians and Argentines, who. conquerors in Maipu, carried triumphant the flags of the two nations even unto the uttermost limits of America. Besides that of Panama, other attempts were made in the same direc- tion. It was the embryonic period of the people who had just freed themselves. At times they lost faith in the future, and, believing them- selves threatened by enemies from beyond seas, they saw their strength weakened by the disorder incident to the struggle, and which greatly increased when the common enemy had once been conquered. Those perils have passed, and the South American nations abide in the midst of the peace and progress with which they will dismiss the nineteenth century, to become great and powerful in the twentieth, which, as has been said, will be the century of America. With abiding faith in the great destinies awaiting each one of the South American nations, all enjoying close relations with the old world, as defined by their laws, all bound to make right prevail, and with ele- ments of inexhaustible wealth, each country is the architect of its own fortune, but united all in the interest of the future of South America, whose sons desire that it shall always be said of the States forming it: "All for each, and each for all." Gentlemen, the greatness of the countries of this part of the conti- nent, their power as autonomic entities, depends to-day upon peace, upon liberty, and upon the development of their own elements, strength- ened by others, which upon joining shall commingle to form an har- monious whole, which, without losing sight of its origin, which we should never deny, for it honors us, shall present extensive horizons to labor and to collective and individual action under the law. Alliances against the nations of the old continent had their day and their reason during the struggle for independence, and even after that, when Europe could be ruled by one will, or when the policy of its 288 Governments savored of the adventurous or was inspired by dreams of conquest. To-day there exists in America on the north a great nation, and on the south budding States, which occupy a distinguished station among civilized countries, and what is more, so as to entirely eradicate the fears of the days, we have tightened the ties that bind us to Europe by daily increasing commerce, by the immigration we are receiving, and which has commenced to blot out our deserts, and finally by the mutual re- spect we command, she, as well as us, so that we may consider ourselves already as indispensable factors in the advancements of the world. We have not, then, to extend the battle lines as in the heroic periods of our history, but we do have to recognize each other as brothers, as before, and to seek in the inspirations of patriotism, in the invocation of the spirits of our illustrious dead, and even in our own advantages, the means which shall forever prevent bloody .conflicts, which would paralyze the great future reserved for us. Honorable plenipotentiaries, when the minutes of your sessions shall be read, the importance of your work, the science and experience re- vealed by the international adjustments by you arrived at known, your Governments and the jurists of Europe and America, who await them with all the interest aroused by a body of eminent men, such as you form, shall have passed upon them, the International South American Congress will be ever remembered with gratitude by the countries whose interests it has more closely served, and with respect by men of science, just as the indisputable merit of other efforts in the same direc- tion, among which shines the Congress of jurists, held in Lima a few years since, on the initiative of the Government of Peru, should be held in remembrance and recognized. There should be recognized also the intelligent and patriotic co-operation in this Congress of the Governments of Paraguay and Bolivia, worthily represented by their plenipotentiaries. It will always be said that on the banks of the Plata, in the capital of the Oriental Republic of Uruguay, which merited from the world the name of the New Troy, was held the first International South American Congress on the initiative of the two nations bathed by the great river; that there were prescribed the rules which shall forever prevent the conflict of the laws of seven sovereign States, realizing what to many was a dream, and which up to the present time has been an impossibility for countries occupying a high station among nations. Countries recently come into being, which struggled half a century to constitute themselves, each having passed through critical periods in the various epochs of their national history, and republics or monarchies, direct your gaze to-day over the vast continent, and you will discover only the foot-prints of the endeavors of peoples and gov- ernments to reach a proud station among nations, be it in the field of free institutions or in that of material advancement wherein all strug- gle by means of labor. 289 Thus, in the matter of institutions not long ago we witnessed the solemn spectacle of the abolition of slavery in Brazil, a grand event the whole world has applauded, a magnificent action , which once more revealing the manly character of a monarch worthy of the nation he rules, reveals also the just and humanitarian heart beating within the bosom of the Emperor Pedro II, initiator of the idea realized to the honor of his name and in the midst of the enthusiasm of the people win ise destinies he rules. The Montevidean Congress is, gentlemen, another happy and bene- ficial event, in that we are seen united, the countries bound together by solemn compacts which record the most liberal principles of the science of law. Everyone knows that with a union of the people, the union of the governments is the most logical of consequences. Honorable Plenipotentiaries: Upon declaring, in the name of my Government, that your sessions are closed, I must say to you. as a proof of the esteem your labors have merited, that the first act of the Most Excellent the President of the Argentine Republic, upon reassuming the administration of the nation, will be to approve the eight treaties you have negotiated, so as to transmit them to the Honorable Congress with the special recommendation which so useful and important inter- national acts merit. And now, gentlemen, I beg that you will rise to give thanks to Provi- dence for the favors bestowed upon you during your labors, ami as a mark of respectful consideration- to the Oriental Republic and its Gov- ernment, which has shown and shows us such cordial and never-to- be-forgotten hospitality, and whose distinguished roll in the Interna- tional South American Congress will ever be a seal of honor which shall occupy a leading place in the pages of its history. 563a — vol 4 19 LEGISLATION AM) PROPOSED LEGISLATION IN THE CONGRESS OF THE UNITED STATES REFERRING TO The International American Conference. 291 LEGISLATION AND PROPOSED LEGISLATION IN THE CONGRESS OF THE UNITED STATES REFERRING TO THE INTERNATIONAL AMERICAN CONFERENCE. The following is the legislative history of the Interna- tional American Conference in the Congress of the United States: On the 21st of January. 1880, the Hon. David Davis, of Illinois, by request of Mr. Hinton Rowen Helper, intro- duced the following bill, winch is the first suggestion found in the records of Congress of legislation leading to the In- ternational American Conference: [S. 109> Forty-sixth Congress, second session.] In the Senate of the United States. January 31, 1880. Sir. Davis, of Illinois(by request), asked, and by unanimous consent obtained, leave to bring in the following bill: which was read twice and referred to the Committee on Commerce: A BILL for the encouragement of closer commercial relationship between the United States and the Republics of Mexico, Centra] America, the Empire of Brazil, and the several Republics of South America. Whereas from the southern boundary of the United States to the Argentine Republic, and also the Republic of Chili, a distance of about four thousand five hundred miles, including Mexico, Central America, the United States of < lolombia, Venezuela. Peru, Ecuador. Brazil. Bo- livia. Paraguay, and Uruguay, containing a population, in all, of about forty million of industrious and progressive people, with whom the people of the United States hold, and desire to maintain, the most friendly relations and with whom a closer and reciprocal interest in trade and commerce ought to be encouraged, yet with whom the peo- ple of the United States have no facilities for intercommunication, except by long sea voyages, although no great physical obstacle exists 293 294 to the construction of a through line of railroad running at the foot of the eastern slope of the great mountain chain, from its northern to its southern termini, which would open that vast interior region to our manufactures and commerce; connected on the eastern side at the head- waters of navigation with a grand river system that extends for thou- sands of miles through the United States of Colombia, Guiana, Vene- zuela. Brazil, Uruguay, Paraguay, and the Argentine Republic, and on the Pacific side with the principal sea-ports, by means of branch rail- roads similar to those that have been constructed in Peru, and termi- nating with one branch on the Pacific, at the sea-port of Valparaiso and on the Atlantic side with a branch at Buenos Ayres ; and Whereas it is considered that this great international work can be constructed through the united efforts of the several Governments of the Republics and the Empire of Brazil, through whose territory it would pass, guided by the advice and experience and assisted by the material aid from the commercial and railroad interests of the United States: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to initiate such action as may lead to the adoption of measures that may form a basis for the organization of an international administration, to which shall be intrusted the duty of carrying forward the work of con- structing said railroad, that the President of the United States be, and he is hereby, authorized and requested to invite all the Governments of the said several Republics of Mexico, Central America, South Amer- ica, and the Empire of Brazil to send duly appointed delegates to meet in convention in the city of Washington, upon the third Monday in June, eighteen hundred and eighty, to adopt such measures as may be considered the most practicable to carry forward the proposed work in the interest of peace, commerce, and mutual prosperity; that the sum of fifty thousand dollars, now in the Treasury of the United States and not otherwise disposed of. be, and is hereby, appropriated, or so much thereof as may be necessary, and placed to the credit of the Sec- retary of State, to defray, in a manner becoming the dignity of the United States, the expenses incidental to the holding of said conven- tion. IN THE SENATE, 1882. On the 24th of April, 1882, at the suggestion of Mr. Hinton Rowen Helper, Mr. Cockrell. of Missouri, intro- duced the following bill: A BILL to authorize the appointment of a special commissioner for promoting com- " mercial intercourse with such countries of Central and South America a smay be found to possess the most natural and available facilities for railway intercommuni- cation with each other and with the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of 295 the United States be, and he is hereby, authorized and directed to appoint, for a term of two years, a special commissioner whose duty it shall betoproceed in regular order, and as soon as it may be con- venient, to Guatemala, Honduras. Salvador, Nicaragua, Costa Rica, Colombia, Ecuador, Peru, Bolivia, and the Argentine Republic, and there obtain specifically all the facts and information of every nature which may be utilized in extending friendly and commercial inter- course between those and the adjacent countries and the United States. Sec. 2. That it shall also be the duty of the said commissioner to ascertain the disposition and purposes of the inhabitants of the several countries named with reference to railway intercommunication with themselves, respectively, and with the United States, and what pro- visions, guaranties, and privileges, if any. they have already granted, or may he inclined to grant, to secure the benefits of more speedy and perfect postal communication and unobstructed trade and travel between themselves and the people of the United States. Sec. 3. That it shall further he the duty of said commissioner to transmit to the Secretary of State careful and complete reports from each and eveiy country visited by him. and the various reports so trans- mitted shall be retained in the Department of State for such reference and use as the public interests may require. Copies of the same reports may at any time be subject to the order of ( tongress. Sec. 4. That the salary of the said commissioner shall be eight thousand five hundred dollars per annum: and that he may employ, as translator and secretary, an assistant of his own selection, but subject to the approval of the Secretary of State, at a salary of three thousand dollars per annum. Sec. 5. That the sum of eleven thousand five hundred dollars per annum, tor the period of twoyearsas aforesaid, is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, to pay the salaries of the said commissioner and his assistant under appointment as thus authorized. MR. morgan's BILL. On the same clay. April 24, 1882, Mr. Morgan, of Ala- bama, introduced in the Senate the following: A BILL for the encouragement of closer commercial relations between the United Stares ami the Republic of Mexico, Central America, the Empire of Brazil, and the several Republics of south America. Whereas from the southern boundary of the United States to the Argentine Republic and the Republic of Chili, a distance of about five thousand miles, including Mexico, Central America, the United States of Colombia. Venezuela, Peru. Ecuador, Brazil. Bolivia. Paraguay, and Uruguay, containing, in all. a population of about forty million of in- dustrious and progressive people, with whom the people of the United 296 States hold and desire to maintain the most friendly relations, and with whom a closer and reciprocal intimacy in trade and commerce is de- sirable and worthy of encouragement, yet with whom the people of the United States have no facilities for intercomunication except by sea, although no great physical obstacle exists to the construction of a through line of railroad along and at the foot of the eastern slope of the great mountain chain from Central America to Chili, which would open that vast region to our manufactures and commerce, connected on the eastern side at the headwaters of navigation with the grand river system that extends for thousands of miles through the United States of Colombia, Guiana, Venezuela, Brazil, Uruguay, Paraguay, and the Argentine Republic, and on the Pacific side with the principal sea- ports by means of branch railroads similar to those that have been constructed in Peru, and terminating with one branch on the Pacific at the seaport of Valparaiso and on the Atlantic at Buenos Ayres; and Whereas it is considered that this great international work can be constructed through the united efforts of the several Governments of the Republics and the Empire of Brazil, through whose territory it would pass, guided by the advice and experience and assisted by mate- rial aid from the commercial and railroad interests of the United States: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That in order to ini- tiate such action as may lead to the adoption of measures to form a basis for the organization of an international admistration to which shall be intrusted the duty of encouraging the work of constructing said railroad, the President of the United States be, and he is hereby, requested to invite all the (invermnents of the said Republics and the Empire of Brazil to send delegates to meet in a convention in the city of Washington, at a time to be designated by the President, during the present year, anno Domini eighteen hundred and eighty -two, then and there to adopt such measures as to them may seem the most prac- ticable to undertake and carry forward the work herein proposed, in the interest of peace, commerce, and mutual prosperity; that the sum of dollars, now in the Treasury of the United States and not otherwise disposed of, be, and is hereby, appropriated, or so much thereof as may be necessary, and placed to the credit of the Secretary of State, to defray in a proper manner becoming to the dignity of the United States the expenses incidental to the holding of the said con- vention. ADVERSE ACTION IN THE HOUSE OF REPRESENTATIVES. Similar bills at the same time were introduced in the House of Representatives, and were referred to the Com- mittee on Foreign Affairs. On the 20th of June following- Mr. Kasson, of Iowa, submitted the following report: 297 REPORT: [To accompany bill H. R. 0023.] The Committee on Foreign Affairs, to whom was referred the bill (H. R. 6023) to authorize the appointment of a special commissioner for promoting commercial intercourse with such countries of Central and South America as may be found to possess the most natural and avail- able facilities for railway intercommunication with each other and the United States, respectfully report the bill back to the House with the recommendation that it do not pass, and ask that the committee be dis charged from the further consideration of the same, and that the bill and report be laid on the table. REVIVAL OF THE SENATE BILLS. ( >n the 8th of February, 1883, Mr. Cockrell, of Missouri. introduced a bill very similar to that previously proposed by him for the appointment of a special commissioner to visit the several Republics of Central and South America. A similar bill was introduced at the same time in the House of Representatives. At the beginning of the next session Mr. Cockrell re- introduced the bill in the Senate, and it was also re-intro- duced in the House. On the 11th of December, 1883, Sena- tor Sherman re-introduced the bill that had been proposed the year before by Mr. Morgan, of Alabama, fori reappoint- ment of a commission to visit Central and South America. The same bill was introduced in the House by Mr. Jordan, of Ohio. A CUSTOMS UNION PROPOSED. In the first session of the forty-eighth Congress Mr. Townshend. of Illinois, proposed the following, which was referred to the Committee on Commerce: JOINT RESOLUTION requesting the President to invite the co-operation of the Gov- ernments of American nations in securing the establishment of free commerciaj intercourse among those nations and an American customs union Whereas the establishment of free commercial intercourse among the nations now existing upon the continent of America will promote the friendly political relations, internal commerce and industry, and secure a more extensive market for the surplus products of each of said nations: Therefore. Resolved by tin' Senate and House of Representatives of the United States of America in Congress assembled, That the President of the 298 United States be, and he is hereby, requested to invite the co-operation of the Governments of the American nations in securing the establish- ment of a commercial league, by and between the said nations to be known as the Customs Union of America, the arrangement of a com- mon basis of import duties from other countries than those which may compose said league, and that the commercial intercourse among the people of all the American States may be freed from the payment of any customs or other dues whatever; and that a common system of weights and measures may be also established for the purpose of facili- tating said intercourse. FAVORABLE ACTION IN THE SENATE. On the 3d of March, 1884, Mr. Cockrell introduced in the Senate the following bill, which was the basis of an amendment added to the diplomatic and consular appro- priation bill of that year, attthorizing the appointment of the commission which, during 1884 and 1885, visited Cen- tral and South America: A BILL to authorize the appointment of three commissioners to visit the principal countries of Central and South America for the purpose of collecting information looking to the extension of American trade and commerce, and the strengthening of friendly and mutually advantageous relations between the United States and all the other American nationalities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the United States be, and he is hereby, authorized and requested to nomi- nate and, by and with the advice and consent of the Senate, to appoint, for a term not exceeding two years, a special commission of three per- sons, whose duty it shall be to proceed, as soon as it may be convenient after such appointment, to the sixteen distinctively independent coun- tries here designated, in the order indicated, namely, Mexico, Guate- mala, Honduras, Salvador, Nicaragua, Costa Rica, Colombia, Vene- zuela, Ecuador, Peru, Bolivia, the Argentine Republic, Chili, Uruguay, Paraguay, and Brazil, and inquire diligently after and collect such in- formation as may be useful in extending trade and commerce, and in strengthening the subsisting friendly relations and reciprocally sustain- ing principles and policies between those several neighboring nationali- ties and the United States. Sec. 2. That it shall also be the duty of such commission to inquire into and ascertain the feelings and inclinations of the peoples of those' countries with reference to railway intercommunication between them- selves, respectively, and the United States, and likewise what guar- antees, immunities, and privileges, if any. have already been granted by them, or that they may hereafter be willing to grant, looking to the 299 increase and quickening of postal communication, commerce, trade, and travel between their own inhabitants, respectively, and the inhab- itants of the United States. Sec. •'.. That it shall lie the further duty of such commission to trans- mit their reports, in writing, from time to time, to the Secretary of State of the United States, concerning the matters and interests here- inbefore mentioned, which reports, when received, shall be preserved in the Department of State for such reference and use as the public welfare may seem to require. Sec. 4. Thai each of the said commissioners shall receive the sum of five thousand dollars per annum as compensation in full for the services rendered by him under the provisions of this act: and the said com- mission shall be allowed, during the said term of two years, for neces- sary and official expenses, a sum not exceeding thirty-five thousand dollars, to be certified and audited in the manner usual with the De- partment of State : but the said commission may. if in their experience and judgment it shall he necessary, employ an assistant well versed in the Spanish language, at a salary, payable by the United States, of not more than two thousand five hundred dollars per annum. Sec. 5. That the sum of seventy thousand dollars, payable by the Secretary of the Treasury of the United States, upon the warrant of the Secretary of State, he, and the same is hereby, appropriated, out of any- money in the Treasury of the United States not otherwise appro- priated, or so much thereof as may be necessary, to pay the salaries and expenses of the said commissioners and their assistant during the said term of two years. REPORT OF THE COMMITTEE ON FOREIGN RELATIONS. L884. The bill having been referred to the Committee on Foreign Relations, was returned to the Senate with the following favorable report: [To accompany amendment to the consular and diplomatic appropriation bill. ] The Committee on Foreign Relations beg leave to report the accom- panying amendment, which they propose to the hill making appropria- tions for the consular and diplomatic service for the year ending June 30, 1885, in lieu of bills S. 347. 594, and 1700, which hills the committee recommend he indefinitely postponed, and ask that the amendment herewith he referred to the Committee on Appropriations. The sub- ject matters embraced in the above-mentioned hills have been carefully considered 1>.\ the committee, and their views are contained in tin- letter from the Department of State dated March 36, 1884, hereto ap- pended and made a part of this report. 300 MR. FRELINGHUYSEN S PROJECT. Department of State, Washington, March 26, 1884. Sir : I have the honor to acknowledge the receipt of your letter of the 5th instant, inclosing copies of two proposed amendments to the consular and diplomatic bill for an appropriation to defray the expenses of a conference of independent American nations to promote com- merce and general peace, and in which you inform me of the courtesy of the committee in submitting the amendments for my consideration, with the request that if the President approve of the proposition, to place it within his power, so far as expenses are concerned, to invite such a Conference that I submit a draft of an amendment, such as I regard as proper, or that I indicate which of the two I prefer. I am thoroughly convinced of the advisability of knitting closely our relations with the States of this continent, and no effort on my part shall be wanting to accomplish a result so consonant with the constant policy of this country and in the spirit of the Monroe doc- trine, which, in excluding foreign political interference, recognizes the common interest of the States of North and South America. It is the history of all diplomacy that close political relations and friendship spring from unity of commercial interests. The merchant or trader is the forerunner and aid to diplomatic intimacy and international amity. With the spirit of the proposed amendments I am in harmony. But certain practical objections to the mode suggested occur to me. I fear that a congress so soon to meet without previous conference with the several Governments, and without the preparation of a well- digested programme for discussion, might be unable to accomplish a valuable result. The views of the States which are to be parties to the Conference should be obtained, their wishes and aims carefully consid- ered, and thereupon the scope and purpose of the congress carefully defined and outlined in the invitation. The disadvantage of summoning a congress without some definite assurance of general accord and without an announcement of its pro- gramme was shown in 1880, when the Colombian Government con- voked a congress of Spanish-American States at Panama to concert measures for preserving peace between them by means of international arbitration. Few States were represented, and the Conference failed to develop unity of views, and broke up without accomplishing any- tliing, except, perhaps, a prejudice against the renewal of the project. Moreover, it is probable that the other States, certainly the smaller and less powerful among them, would desire a treaty of alliance, re- quiring of the United States protection and defense in case of attack, not only by European powers, but by their more powerful neighbors on this continent. Material aid also in the construction of their rail- roads and other similar public works would be expected, neither of which propositions could lie entertained by lis. In the Conference the 301 smallest State would have a voice equal to that of the United Slates. and while we need not necessarily be bound by the conclusions reached, it would weaken rather than strengthen our influence with these countries if we should feel forced to reject measures adopted by the ( '(inference. Considerations of much this character influenced the failure of the notable project for an American congress at Panama during Mr. Adams's administration, in 1828-'S9. The congress was proposed by the South American States, then recognized by us as independent, but still nomi- nally at war with Spain. Its purposes were mutual alliance and pres- ervation of peaceamong them. President Adams and Mr. Clay favored the project, butcontinued opposition, in and out of Congress, developed the general belief that the only result would lie to make the United States the protector of the whole republican system of the continent, thus giving the minor States the benefit of a special protection which the United States did not need for themselves and could not adequately expect from the rest. The United States commissioner, although appointed, did not attend the congress, and owing to the disordered condition and conflicting interests of the Spanish-American States it attained no result. (See note to Dana's Wheaton, p. 99, et seq.) The true plan, it seems to me, is. to make a series of reciprocity trea- ties with the States of Central and South America, taking care that those manufactures, and as far as is practicable those products, which would come into competition with our own manufactures and products should not be admitted to the free list. By these treaties we might secure for valuable consideration so as not to violate the most favored- nation clause of other treaties, further substantial advantages. Such, for example, as the free navigation of their coasts, rivers, and lakes. Indiscriminate reduction of duties on materials peculiarly the pro- duction of Central and South America would take from us the ability to offer reciprocity and we would thus lose the opportunity to secure valuable trade. Removal of duties from coffee, without greatly cheap- ening its price, deprived us of the power to negotiate with the coffee- growing countries of Spanish-America highly advantageous recipro- city treaties, and indiscriminate reduction of duties on sugar would complete our inability to establish favorable commercial relations with those countries which form our natural market, and from which we are now almost entirely excluded. If we confine the reduction of duties on such articles as sugar and coffee to those Spanish-American coun- tries which are willing to negotiate with us treaties of reciprocity we cheapen these products for our own | pie and at the same time, gain the control of those markets for the products of our fields and factor- ies. Another point seems well worthy of consideration. The United States are great producers of silver, and every market which can be opened for this valuable product is to our direct advantage. Great Britain, on the other hand, strives to disparage and exclude it as a 302 means of exchange ; for its use in this way depreciates her wealth and works to her disadvantage. The states of Central and South America are also silver producers, with interests like ours. It would, therefore, be advantageous, and is probably practicable, to agree upon a common silver coin equal in value, say, to our gold dollar, or to some other appropriate standard, which, under proper regulation as to coin- age, etc., should be current in all countries of this continent Thus value would be given to our silver products, and commerce with these countries would be aided. I suggest that it would be well to make an appropriation giving to the President power to appoint a commission to carefully consider what the best interests of North and South America and the Isthmus require ; to send, if foimd advisable, delegates to confer with the Governments of the other countries, and, after this commission has made its report upon the most feasible means of carrying out measures of mutual advan- tage, then, empowering the President, if he sees proper, to call the con- vention. A body so convened would meet with its general object and scope marked out, and would know beforehand what wishes of the other states this Government is unable to comply with, thus avoiding what might seem a rebuff should we feel obliged to decline a project matured by the congress without our assent. I inclose herewith a draft of an amendment embodying these views which meet the President's approval. I have the honor to be, sir, your obedient servant, Fred'k T. Frelinghuysen. Hon. John F. Miller, Chairman Committee on Foreign Relations, United States Senate. FAVORABLE REPORT IN THE HOUSE OF REPRESENTATIVES. A similar bill was introduced in the House of Repre- sentatives and reported favorably from the Committee on Foreign Affairs by Mr. Charles Stewart on the 7th of May, 1884. The following is a copy of Mr. Stewart's report : [To accompany bill H. R. 6926.] The Committee on Foreign Affairs have carefully considered the two following bills, the first being H. R. 124, entitled " A bill to authorize the appointment of a special commissioner for promoting commercial intercourse with such countries of Central and South America as may be found to possess the most natural and available facilities for railway intercommunication with each other and the United States," and the other being H. R. 1240, entitled " A bill for the encouragement of closer commercial relationship, and in the interests of, and the perpetuation of, peace between the United States and the Republics of Mexico and Central and South America and the Empire of Brazil." 303 Inasmuchas the purposes sought to be effected by the passage of these two Mils are substantially the same, they may be considered together, and the objects which they seek to attain may be stated to be, viz : (1) To strengthen the subsisting friendly relations between this coun try and the Republic of Mexico.and the different Governments of Cen- tral and South America. (2) To promote greater commercial intercourse between the United States and the before-named countries. (3) To ascertain the feeling- and inclinations of the peoples of Mexico and the countries in Central and South \ riea with reference to rail- way communication between said countries and the United States: and likewise, what guaranties, immunities, and privileges, it any, have already been granted by them, or thai thej maj hereafter be willing to grant, for the purpose of increasing and quickening postal commu- nication, trade, and travel between their countries and the United States. Although l„>th bills have in view the accomplishment ol the -. purposes they are widely divergent in the means sought to be employed. One provides for the a]. point nt b\ this < lovernment of a single com missioner, who may, if, in his experience and judgment it shall be necessary, employ an assistant, and this commissioner shall visit the countries hereinbefore named for the purpose of acquiring such infor- mation as will aid in the accomplishment of the objects heretofore mentioned; the other seeks to attain the same end b\ empowering the President of the United States to inviteall the Goven aits of Central and South America, and also the Republic of Mexico, to meel in con vention in the city of Washington, upon such a day as he may appoint, during the year A. 1), 1884, for the purpose of considering and adopt- ing such measures as wil] tend to promote the same great policies. The committee is of opinion that no convention of the countries named should be invited until the wishes of said Governments in relat thereto be ascertained, and therefore itcan not recommend the passage of a bill which makes provision for the immediate call of such a con- vention : and it is also of the opinion that the magnitude and impoi tanceof the duties to be performed are too much to be intrusted to a single commissioner. Entertaining these views, thecommittee has pre- pared a substitute for said bills, which is herewith reported, and it recommends that the bills H. R. 124 and II. R. L240 do lie upon the table, and that the substitute in lieu thereof be adopted. The committee deem it not improper to call attention to some facts and to make some suggestions which may serve to show the impor- tance of legislation for the accomplishment of the purposes sought to be attained by the two bills before mentioned; and which purposes, it is thought, can be more certainly accomplished l>\ the adoption of the substitute accompanying this report. All the countries with which we seek to cultivate amicable and commercial relations, with the excep- 504 tion of one, are republics, and because of the similarity in forms of government, there is a bond of sympathy between them and us which would have long since produced more intimate relations, both social and commercial, but for obstacles which can now be removed by the enlightenment and progress of the age. Brazil is the only country in South America without a republican form of government, but this vast country is peculiarly fortunate in having a great and progressive statesman for its Emperor, who lias excited the admiration of all good and wise men by his persistent efforts to develop the resources of his extensive domain, and to improve in every possible way the condition of his people. We may with entire confidence rely upon the co-operation of Brazil in all undertakings which will promote reciprocal relations of friendship and commercial prosperity. Central and South America have an area of nearly 8,000,000 square miles, and the development of the resources of this vast territory can hardly be said to have begun; and its capabilities for the production of mineral and agricultural wealth can not be approximately estimated. With but a partial development of its resources, its foreign commerce, both imports and exports, for the year ending June 30, 1883, amounted to $694,793,000, and more than one-half of this amount of business was done with Great Britain, and less than one-fifth of it was done with the United States. The following tabular statement is believed to give a correct idea of the commerce of Mexico and the different States in Central and South America. FIRST EXHIBIT. Value of the foreign commerce of the several countries, respectively, of South aud Central America ami Mexico, with all or her countries during the year ending June 30, 1883. Value of ex- Value of im Total value of ports of the ports of the foreign com- countries des- countries des- merce with all ignated. ignated. the world. §28,835,000 §29,290,000 §58,125,000 4,368,000 3,054,000 7,422,000 3,415,000 2,885,000 6, 300, 000 5,208,000 3,450,000 8.658,000 2,110,000 1.300,000 3,410,000 6,470,000 4, 220, 000 10,690,000 20,126,000 19,367,000 39,493,000 16,534,000 13,860,000 30,394,000 15.613,000 12,998,000 28,611,000 11,271,000 9,663,000 20,934,000 13,866,000 28,630,000 72,496,000 3,202,000 2,709,000 5,911, IKK) 46,482,000 27,160,000 73,642,000 60,389,000 61,246,000 121,635,000 .''_>. liliO, > 19,410,000 42,070,000 4,430,000 3,627,000 8,066,000 110,106,000 95.955,000 215,061,000 413,094,000 3:38,824,000 752,918,000 Mexico Guatemala Honduras (all) Salvador , Nicaragua Costa Rica ( Jolombia Venezuela Guianas(the three) Ecuador — Peru Bolivia Chili Argentina Uruguay Paraguay Brazil 305 SECOND EXHIBIT Value of external commerce between theUnited States ami the several countries, respeeth eh of South ami Central America and Mexico during the year ending June 30, 1883. Countries. Exports from the United states bo the countries des- ignated. Imports into tile United States from the countries designated. Total com- merce with t ho United States. . slo. 483. 000 1,626,000 621,000 457,000 276,000 466,000 5, 185,000 5,967,000 2,119,000 496,000 297. 000 83,000 1,520,000 3,121.000 1,612,000 81,000 9, 253, tXW J8, 462, 000 3, 160, 000 732,000 589,000 138,000 963,000 6,990,000 6.672,000 2,826,000 1,150,1X10 965. lion 323,000 2,272,000 4. 968, 000 4,164,000 243, 000 18,382,000 (23, 945, 000 4,786,000 12.475,000 Peru Chili 3.792,000 8,089,000 48,963,000 93. 319, (XX) 142,282,000 Aii examination of the above statement will show that the total amount of our imports from Central and South America for the year ending June 30, 1883, was $84,857,000, and that our exports to those count lies for the same year amounted to 133,480,000, showinga balance of trade against us to the amount of $51,377,000. An intelligent citizen of this country, who has traveled over a great portion of South America, in a recent publication, speaking of the commerce of that country, says: " It always grieved me exceedingly, and was particularly offensive to my sense of the fitness of things, to find almost everything in the way of foreign merchandise throughout the length and breadth of my routes of European manufacture. At different points along the Atlan- tic and Pacific coasts, in many cities of the plains, in various towns on the mountain slopes, on the apex of Potosi and on the tops of other Andean peaks higher than Mount Hood, I have gone int. > stores and warehouses and looked in vain— utterly in vain— for one single article of American manufacture. From the little pin with which the lady fastens her beau-catching ribbons to the grand piano witli which she enlivens and enchants the hearts of all her household ; from the tiniest thread and tack and tool needed in the mechanic arts to the largest plows ami harrows and other agricultural implements and machines required for use on the farm— all these and other things, the wares and fabrics and light groceries and delicacies in common demand; the 5G3A— VOL 4 30 306 drugs and chemicals sold by the apothecary; the fermented malt and spirituous liquors in the wine saloon; the stationery and fancy goods in the book-store; the furniture in the parlor and the utensils in the kitchen, are, with rare exceptions, of English, Germm, Spanish, or Italian manufacture. And what makes the matter still more unsatis- factory and vexatious to the North American and more expensive and otherwise disadvantageous to the South American, is that these articles are, as a general rule, inferior both in material and make to the cor- responding article of American manufacture." This condition of things ought to be changed at the earliest practi- cable moment; and there should be no balance of trade against us in our commerce with those countries, and in order to effect such a change in our commercial relations with Central and South America the com- mit'.ee earnestly recommends the adoption of the substitute herewith reported, believing that it will serve to initiate such policies as will be of great advantage not only to the population of this country, but to the inhabitants of Central and South America. Our commercial relations with Mexico aie more satisfactory. From the tabular statement hereinbefore given it appears that the foreign commerce of Mexico, both exports and imports, in the aggregate amounted to the sum of $58,125,000, and that nearly one-half of this commerce was done with the United States. It also appears that for the year ending June 30, 1883, that with Mexico there was a balance of trade in our favor amounting to $7,021,000. Our proximity to Mexico has had much to do with building up our commerce with that country; but much more is due to the liberal and progressive spirit by which the Mexican Government has been actuated in encouraging and pro- tecting the investments of American capital. Already American enterprise is actually engaged in construe' ing railways in Mexico, and to-day one may go from New York all the way by rail to the city of the Montezumas, the Mexican Central Rail- road now being in operation from Denver to the City of Mexico. The Atchison and Topeka Railroad Company has built one of its lines through Mexico to the city of Guaymas, on the Pacific. One other line of railway is in operation from Laredo, Tex., to and beyond the city of Monterey, and other lines of railway are being rapidly pushed from Texas towards the City of Mexico and to points on the Mexican Pacific coast. The construction of these roads has infused new life and energy into Mexico, and her rapid increase in wealth and material prosperity is assured. But Mexico reaps not all the benefits resulting from these investments of American capital, for our commerce with that country has greatly increased and is continually enlarging. Why may not like results be obtained in the States of Central and South America by the investment of American capital and the applica- tion of American energy? A duty imposed upon the commissioners by the bill herewith reported is to ascertain the feelings and inclinations of the Governments of Central and South America with reference to rail- 307 way communication with the United States. The idea of building a railway from the Tinted States to the Argentine Republic is somewhat startling to those who have never given the subject a thought, but a little reflection will convince any one that no insuperable obstacle is in tin- way of such an enterprise. A railroad from some point in Texas. or elsewhere in this country, where a connection is formed with the rail- mud system of the United .States to the City of Mexico, and thence through the Republic of Mexico and Central America and along the Isthmus of Darien, passing east of the Andes through South America to the Argentine Republic, would meet with hut few natural obstacles in the way of its construction, and the distance will not exceed 6,800 miles, and itmaj beshortened to 6,000 miles by commencing its construc- tion at the City of Mexico, where it "ill connect with roads already built and in process of construction. Distance and natural obstacles have never thwarted American enterprise in the construction of railways. Already have several lines of railway been stretched across this conti- nent, either of which, from ocean to ocean, is more than 3.000 miles in length. While it may be true that a railroad from the United States to the Argentine Republic is of greater magnitude, yet it is believed that the obstacles to its completion are no more formidable than were en- countered eighteen or twenty years ago in the construction of our first transcontinental line. In the United States, with an area of something over 3.000.000 square miles, we have now about 125,000 miles of railroads, which, with all their appurtenances, have cost not less than $5,000,000,000. South and Central America, with a population very nearly as large as that of the United States, and with an area of nearly 8,000,000 square miles, have an aggregate of 8,452 miles of railroads, this being a less number than is found in one single State in this Union. From Guatemala and Hon- duras to Chili and the Argentine Republic, embracing the several inde- pendent and progressive commonwealths of Salvador, Nicaragua, Costa Rica. Colombia, Venezuela, Ecuador, Peru, Bolivia, Brazil, Paraguay, and Uruguay, the conditions of topography, soil, climate, population, productions, and all other circumstances, actual and prospective, are believed to be such as to invite and fully justify the construction of the great line of railway suggested by this bill, and when it is con- structed our commerce will be enlarged to such an extent as at this time to defy anything like a correct estimate of its value, and then we will be in a position to say to European Governments in the memorable words of President Monroe : " That we should consider any attempt on their part to extend their s\ stem to any portion of this hemisphere as dangerous to our peace and safety." It is believed that no topographical difficulty exists that will prevent the construction of the proposed railway. The trouble is in another direction. The capital with which the road is to be built and operated must be protected by the pledged faith and proper guaranties of all the 308 Governments that may be interested in the building and maintenance of the colossal enterprise ; and this protection must be extended at all times, in time of war as well as iu time of peace. While it is true that the commissioners will not be confined to an in- vestigation of the practicability of connecting ' this country with the States of Central and South America by railways, but must extend their investigations to all other means and facilities, whereby closer commercial relations with said States and this country may be pro- moted, it is also true that they will be charged with no more import- ant duty than to obtain all information which may show the feasibility of constructing such railways with entire safety to those who may invest their money in building and operating the same. It may be thought by some that the duties imposed upon the commis- sioners by the bill herewith reported can easily be performed by our ministers and consuls in Mexico and Central and South America with- out an additional expense to this Government. If such an objection be made, we beg that it shall be remembered that the provisions of the bill contemplate an integrity and singleness of purpose which can be conveniently advanced and achieved only by a special commission. One section of the bill, when enforced, will bring to said commissioners all the assistance which the diplomatic officers of this Government in those countries may be able to render. It would be impossible for min- isters and consuls who are widely separated to have that concert of action which would exist with a commission charged with the perform- ance of specific duties, and without such concert of action no good could be accomplished. Besides, the sending of a special commission to Mexico and to the different nationalities in Central and South Ame- rica would be a higher manifestation of our regard for those Govern- ments, and would demonstrate the sincere desire of this Government to cultivate with them such relations as will be of mutual benefit. THE "SOUTH AMERICAN COMMISSION" AUTHORIZED. The following is an extract from the act of Congress making appropriations for the consular and diplomatic service of the Government for the fiscal year ending June 30, 1885 : For three commissioners to be appointed by the President, by and with the advice and consent of the Senate, at a compensation of seven thousand five hundred dollars each. Said commissioners shall ascer- tain the best modes of securing more intimate international and com- mercial relations between the United States and the several countries of Central and South America, and for that purpose they shall visit such countries in Central and South America as the President may direct. For one secre'.ary to said commission, to be appointed by the Presi- 309 dent, by and with the advice and consent of the Senate, three thousand dollars ; and in addition to the foregoing amounts such further sum as may be required for the reasonable expenses of said commission, such expenses to be paid upon the certificate of the chairman thereof and approved by the Secretary of State ; and said commission shall report their action to the President, for transmission to Congress, with such recommendation as he may deem fitting. Under the authority of this bill the President of the United States appointed a commission, consisting of George H. Sharpe, of New York; Solon O. Thacher, of Kansas; and Thus. ('. Reynolds, of Missouri, with William Eleroy Curtis as secretary, to visit the several countries of Cen- tral and South America to ascertain the best modes of se- curing more intimate international and commercial rela- tions. This commission held conferences with the mer- chants and manufacturers of the United States in Boston, New York, Philadelphia, Baltimore, New Orleans, and San Francisco, and then visited each of the several coun- tries in turn. George H. Sharpe having resigned in March. 1885, Will- iam Eleroy Curtis was appointed commissioner to succeed him. This commission made from time to time a number of reports, which were printed by order of Congress, and appear as H. R. Ex. Doc. 220, Forty-eighth Congress, sec- ond session, and H. R. Ex. Doc. 50, Forty-ninth Congress, first session. These reports recommended that an invi- tation be extended by the United States to the several other Governments of America to join at Washington in a conference to promote commercial intercourse and to prepare some plan of arbitration. THE CUSTOMS UNION PROPOSITION ADVERSELY REPORTED. On the 21st of December, 1885, Mr. Townshend, of Illi- nois, re-introduced his joint resolution requesting the President to invite the co-operation of the Governments of the American nations in securing the establishment of free commercial intercourse among those nations, and an American customs union. On the 15th of April, 1880, Mr. McCreary, of Kentucky, from the Committee on Foreign Relations, made the fol- lowing report : 310 REPORT : [To accompany H. Res. 14.] The Committee on Foreign Affairs, to whom was referred joint res- olution (H. Res. 14) requesting the President to invite the co-operation of the Governments of American nations in securing the establishment of free commercial intercourse among those nations and an American customs union, have considered said resolution and report the same with an adverse recommendation. RESOLUTION TO PROMOTE ARBITRATION. On the 26th of January, 1880, Mr. Worthington intro- duced in the House of Representatives the following joint resolution : JOINT RESOLUTION to authorize the President of the United States to invite the autonomic Governments of America to send delegates to an international American congress to arrange for the arbitration of all national differences. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and is hereby, authorized, through the Secretary of State, to invite the autonomic Governments of America with which the United States has diplomatic relations to send delegates to an inter- national American congress, to be held at such time and place as he may designate, for the purpose of agreeing upon and recommending for adoption to then- respective Governments a definite plan of arbitra- tion of all questions, disputes, and differences that may now or here- after exist between them ; and that the President is hereby authorized to appoint such a number of delegates from the United States as he may see fit, who shall serve without compensation other than their expenses, and to take such other steps as may be necessary for the execution (if the purposes of this resolution; and that the sum of twenty-five thou- sand dollars is he.eby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses that may be incurred under this resolution. On the 15th of April Mr. McCreary, from the Committee on Foreign Affairs, made the following report : [To accompany II. Res. 9-1.] The Committee on Foreign Affairs, to whom was referred joint reso- lution (H. Res. 94) to authorize the President of the United States to nvite the autonomic Governments of America to send delegates to an International American Congress to arrange for the arbitration of all 311 national differences, have had the said resolution under consideration, and report the same with an adverse recommendation, and ask that it lie on the table. THE RAILWAY SCHEME REVIVED. On the 8tb of February, 1886 was re-introduced into both Houses of Congress the bill of Mr. HintoD Rowen Helper, authorizing the Presidenl of the United Slates — to invite all the Governments of the said several Republics of Mexico. Central America, and South America, .- ■ 1 1 < I the Empire of Brazil, to meet in convention, in the city of Washington, upon such a day as he may appoint, during the present year, anno Domini eighteen hundred and eighty-six, to consider such questions as relate to the l>est mode of establishing upon a firm and lasting basis peaceful and reciprocal com- mercial relations, and also to adopt such measures as may be consid- ered the most practical to carry forward the construction of the said railroad to the interests of peace, commerce, and mutual prosperity; and that tlic> sum of fifty thousand dollars, now in the Treasury of the United Stales and not otherwise disposed of, be, and is hereby, appro- priated, or so much thereof as may be necessary, and placed to the credit of the Secretarj of State, to defray, in a manner becoming the dignity of the rnited Stales, the expenses incidental to the holding of said convention. ARBITRATION IN THE SENATE. This bill was returned by the Committee on Foreign A ll'.-urs with an adverse recommendation. On the L5th of February, L886, Senator Logan of Illinois, introduced in the Senate the following bill, which on the 6th of May was reported adversely from (ho Committee on Foreign Relations, and indefinitely postponed. A Hit. I. to authorize the President of the United States to send delegates to an inter- national American congress to arrange tor the arbitration ol all national differences. Be il enacted by the Senate "ml House of Representatives of the thiilni ' stii/fs of America in < 'otHji-rss assemble, i. Thai the President of the United States l»-, and is hereby, authorized to invite the Govern- ments of America with which the Government of the United States has diplomatic relations to send delegatesto an international American congress, to be held at such time and place as may be designated, for the purpose of agreeing upon and recommending for adoption to their respective Governments a definite plan of arbitration of all questions, disputes, and differences thai may now or hereafter exist between them; and that the President is hereby authorized to appoint such a 312 number of delegates from the United States as he may see fit, not to exceed ten in number, to be divided equally between political parties, who shall serve without compensation other than their expenses, and to take such other steps as may be necessary for the execution of the purposes of this act: and that the sum of twenty thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses that may be incurred under this act. SENATOR FRYE'S ORIGINAL BILL. On the 23d of February, Senator Frye, of Maine, intro- duced in the Senate the following : A BILL to promote the political progress and commercial prosperity of the Amer- ican nations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the President be, and he hereby is, authorized and directed to invite, on behalf of the Government and people of the United States, delegates from each of the Republics of Central and South America, from San Domingo, and the Empire of Brazil to assemble in Washington on the first day of October, eighteen hundred and eighty-seven, to meet delegates on the part of the United States, to consider and decide upon such questions as shall be to the mutual interest and common welfare of the American people ; that each of the independent nations of this hemisphere shall be entitled to send as many delegates as it shall for itself determine, but in deciding questions in the congress no delegation shall have more than one vote. Sec. 2. That in forwardiug the invitation to the constituted authori- ties of the several independent Governments of the American hemis- phere, the President of the United States shall set forth that the con- gress is called to consider- First. Measures that shall tend to preserve the peace and promote the prosperity of the several Republics and the Empire of Brazil, and to preserve the present integrity and territorial conditions of each as they exist against forcible dismemberment. Second. Measures toward the formation of an American customs union, under which the trade of the American nations shall, so far as is possible and profitable, be confined to American waters, and there shall be a free interchange of the natural and peculiar manufactured products of each. Third. The establishment of regular and frequent lines of direct steam- ship communication between the ports of the United States and the ports of Central and South America. Fourth. The establishment of a uniform system of custom regulations in each of the independent American states to govern the importation 313 and exportation of merchandise, a uniform method of determining the classification and valuation of such merchandise in the ports of each country, and a uniform system of invoices. Fifth. The adoption of a uniform system of weights and measures, and uniform laws to protect the persons and property, the patent rights, copyrights, and trade-marks of either country in the other. Sixth. The adoption of a common silver coin which shall be issued by each Government in such an amount proportionate to the popula- lation of each as may be determined upon, the same to be legal-tender in all commercial transactions between the citizens of all of the nations of the American hemisphere. Seventh. An agreement upon and recommendation for adoption to their respective Governments of a definite plan of arbitration of all questions, disputes, and differences that may now or hereafter exist be- tween them. Ski i. :i That such delegates as may attend the said congress shall be the guests of the Government of the United States, and shall be enter- tained, from the time of then- arrival in tliis country until their depart- ure, in such a manner as shall be consistent with the dignity of the na- tion and the importance of the duty they are appointed to perform ; and that the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, the same to be disbursed under the direction of the Secretary of State. Sec. 4. That the President of the United States shall appoint, by and with the advice and consent of the Senate, twenty-four delegates to the said congress, selected equally from the political parties, of whom at least three shall be learned in international law, and the remainder, men who are actively engaged in agriculture, manufacturing, and the exportation and importation of merchandise. A COMMON SILVER COIN PROPOSED. On the 16th of March, 1886, Mr. Reagan, of Texas, in- troduced the following in the House of Representatives : A BILL to provide for a conference of the American nations on a common standard silver coin, and for other purposes. Whereas it is desirable that all the American nations, producers of silver, and using almost exclusively silver coins in the operations of their domestic and foreign trade, should agree upon a common standard silver coin, equal in value, size, weight, and fineness, current in all of them: and Whereas the result of such agreement is likely to be highly beneficial to each and all the contracting parties, and will increase their com- mercial and friendly relations: Therefore, 314 Be it enacted bythe Senate and House of Representatives of the United States of America in Congress assembled, That immediately after the passage of this act the President shall invite the Governments of all the American Republics and the Empire of Brazil to join the United States in a conference to agree upon a common standard silver coin, equal in value, size, weight, and fineness, current in all of them; such conference to be held at such place on the American continent, and at such time, within six months from the passage of this act, as may be mutually agreed upon by the Governments joining the same, whenever the Governments so invited, or any three of them, shall have signified their willingness to unite in the same. Sec. 2. That the sum of fifteen thousand dollars is hereby appropri- ated, out of any moneys now in the Treasury and not otherwise appro- priated, or so much thereof as may be necessary, and placed to the credit of the Secretary of State, to defray, in a manner becoming the dignity of the United States, the expenses incidental to the holding of said convention. MR. M'CREARY'S ORIGINAL BILL. On the 29th of March, 1886, Mr. McCreary, of Kentucky, introduced the following : A BILL authorizing the President of the United States to arrange a conference for the purpose of encouraging peaceful and reciprocal commercial relations between the United States of America and the Republics of Mexico, Central and South America, and the Empire of Brazil. Be it enacted by the Senate and, House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, requested and authorized to in- vite the several Governments of the Republics of Mexico, Central and South America, and the Empire of Brazil to join the United States in a conference to be held in the United States or in one of the Republics named herein, for the purpose of considering questions relating to the improvement of business intercourse between said countries, and to en- courage such peaceful and reciprocal commercial relations as will be beneficial to all and secure more extensive markets for the surplus prod- ucts of each of said countries. The President of the United States shall appoint three commissioners who shall attend said conference on behalf of the United States, and shall report the proceedings thereof to the President, who shall transmit the same to Congress; and the com- missioners shall each receive the sum of one thousand dollars and their reasonable expenses, to be approved by the Secretary of State; and the amount necessary to pay such compensation and expenses is hereby appropriated out of any money in the Treasury not otherwise appropri- ated. 315 AN ARBITRATION CONFERENCE AGAIN PROPOSED. On the same day Mr. McKinley, of Ohio, introduced the following : A BILL to authorize the President of the United States t iirite bhe autonomic Gov- ernments of America to send delegates to r.i international congress to arrange the settlement of national differences by arbitration. Beit enactedby the SenateandHouseof Representatives of the United States of America in Congress assembled, Thai the Presideni of the United States be, ;m i ir< iblems c< mcerning which the President should, by the bill, be advised, or else most incon- venient consequences might flow from a rejection by the Senate or Con- gress of a plan or system of arbitration which had been adopted by the Conference on the initiation and advocacy of our own commissioners. What is arbitration as understood in international intercourse? Vat- tel defines it to be "a reasonable and natural mode of deciding such disputes as do not directly affect (lie safety of the nation." The ex- clusion contained in this definition is most important. It is believed thai during tin century ami a quarter which has intervened since tins definition was written, no powerful Government has consented or indi- ."i be tin- encouragement of " such peace- ful and reciprocal commercial relations as will be beneficial to all and secure more extensive markets for the surplus products of each of said countries." It is to be inferred from this language that one of the ob- jects wliich this Government seeks to promote is the obtaining of "more extensive markets for the surplus products of Mexico. Brazil, and the States of Central and South America." It is not to be assumed that this Government will initiate a conference between themselves and the other Governments on this continent in order to monopolize for our- selves the purchase of "the surplus products of each of said countries." It is not to be assumed that either of those countries will undertake to sell its surplus products to none else but ourselves. The purpose is. on the contrary, declared to be such " reciprocal commercial relations" as will secure more extensive markets for the .surplus products of each. Whether or not all who dwell on this Western Hemisphere, or even we of the United States of America, would be more prosperous and better off if all commercial relations with the Eastern Hemisphere were pro- hil dted or prevented, is of course a very large question. But so 1< ing as the people and the governments on this continent which are at the south of us shall find on the other continent, and not find on this continent, the surplus capital and money which they need, it will not be reasonable for us to hope that Mexico. Brazil, and the Republics of Central and South America will cease to hold commercial intercourse with Europe, or that European holders of the indebtedness of those states will cease to exer- cise very potential influence in their affairs, and in the end control, it is feared, any conference to be assembled under the proposed bid. There is no danger that the primacy of the United Statesof America upon this contiiv nt. which comes of their situation, population, wealth, enterprise, energy, and determination to assert their rights, will be questioned or denied. But it is true, nevertheless, that we seek an outlet for the sur- plus product of our skill and our prosperous labor, and for that reason we should welcome the enlargement of "such peaceful and reciprocal commercial relations" between us and the Spanish races to the south of us. For the same reason we should encourage similar "peaceful and reciprocal commercial relations" with the five millions and more of people of our own race, speaking our own language, reading our news- papers, and living under laws and political institutions similar to our own. And for the same reason we should encourage " peaceful and re- ciprocal commercial relations" with the peoples who inhabit the islands of the Gulf of Mexico, and the surrounding seas, which islands are now the colonial dependencies of European governments. But the Domin- ion of Canada to the north of us and the islands of the ( rulf to the south of us are excluded from the arrangements contemplated in the pro- posed bill. Nothing is now so desirable for our own people as a free and recipro- cal interchange of products between ourselves and the people of other nations on this CO tinent. But what now hinders such free inter- 326 change so much as our tariff laws ? If this Government shall invite Brazil, Mexico, and the Republics of Central America and South Amer- ica to join us in a conference to promote such free and reciprocal inter- change of products, what concessions in our tariff schedules is the President to be authorized to instruct our commissioners to propose on our part ? The question on our own tariff will naturally and immedi- ately come up for discussion and consideration. Shall, for example, our commissioners be authorized to offer to the Argentine Republic to admit its wool into our ports free of duty ? No one can be moi-e sensible than I am of the great advantages which in our country flow from that free commercial intercourse, un- vexed by tariffs or custom-houses, which the Federal Constitution secures. I wish by some possible and wise contrivance those advan- tages now enjoyed by and between Maine and California, Florida and Alaska, could be realized by and between every nation and every pro- ducer on this hemisphere from Baffin's Bay to Cape Horn. But is this Government now in condition to successfully ask in a diplomatic way the accomplishment of such a result? To use Mr. Gladstone'^ lan- guage, should we not first of all begin to govern ourselves in tariff mat- ters with "justice and moderation?" And then, too, does opinion in this House tend to tolerate a reform or protective system by treaties? What is to be the fate of the Sandwich Islands treaty and Mexican treaty ? Is there not a disposition against the sugar arrangements of the Hawaiian Islands treaty to even sacrifice the great political and naval advantages which that treaty gives to us, situated as these islands are in the track of traffic between California and China, Japan and Australia ? And if we can not successfully compete in our own jurisdiction with foreign manufacturers, excepting by the aid of prohibitory or imped- ing tariff rates, I am at a loss to understand how our commissioners to the proposed conference can convince Mexico or Brazil or the Republics of Central and South America that we can, in their jurisdiction, com- pete successfully against those same manufacturers and offer our prod- ucts at cheaper prices than European manufacturers can offer similar articles. So far as this bill (7267) endeavors to accomplish an increase of trade by the exchange of products between the people of our own United States and the people living under other governments on this continent (including the colonies hereon possessed by European governments) the object is one which deserves encouragement and success; but it may well be doubted whether such an object can be best promoted by inter- national conferences and treaty stipulations. So far as the welfare of our own Government is concerned, it is to be feared, as I have already said, that the deliberations of an international conference between the representatives of this Government and of other independent govern- ments established and having the seat of authority on this continent, would be in danger of injurious interference, so far as this Government 327 is concerned, by the intrigues of those in Europe who are the holders of so large a part of the indebtedness of Central American or South American States. It is true that the trade and commercial intercourse now existing between foreign peoples on this continent and other peoples are not altogether carried on with ourselves. The following statements will exhibit the population of the independent states on this continent, including the colonial Dominion of Canada, and the relation of trade carried on by them with the United States to the trade carried on by them with Great Britain, and the vessels in which it is carried on : Population 2,400,000 Exports to Great Britaiu . . $5. 7113. 90". Imports from Great Kritain 29. 092. -."i", Exports to United States 4,3\!8,.-,io Imports from United States . 4,317.293 Brazil. 10.108,291 2,900,000 2, loo. 390 $23,507, 10.-, Slj.52ll.950 $12,977, 4115 33,910,215 | 4,024.500 11, ,880 (5,263,660 | 6, 109.001 604,525 7,317,293 2.702.531 2,211,007 Mexico. Peru. Venezuela Uruguay. Dominion of Canada. 9.389, 101 3,050,000 2,075,245 447,000 Exports to Great Britain ... Imports from Great Britain . . Exports to United States Imports from United States . . $3,502,500 5,415.765 7.207.021 8,340,784 $10,414,170 6,235,685 1,763,890 742, 105 si. 300, 565 3.1128.080 6,309,580 3, 043, 609 s:i. 283, i',-::, 8,131,640 2,731.017 1,682,443 $45,558,555 44,727,095 89,000,000 50,000,000 Total values of free and dutiable merchandise imparted into theUnited States front ite.rico and Centra! and South America during the year ending June 30, 1885, with the estimated amounts of duty collected on such imports. Countries from which imported. Value of merchandise Free of duty. Estimated amounts of duty col- lected. Argentine Republic Chili Mexico Central American States United States of Colombia Venezuela Peru Brazil Uruguay Bolivia. Ecuador, Paraguay, and Pat- agonia .174.173 205.001 ,093.580 259.142 6,994 41,093 15,2.58 , 121. 109 417,478 289 14,328,510 604,525 9,267,021 0, (09,015 2.312,077 6,309,580 1,764,890 45, 203,00,0 68,386 89 6S5, 900. 72 140,759.88 1,714.08 20,297.40 5, 148. 06 , 607, 377. 15 255,480.80 140.00 Total. 1,430, 308 13,341,128 Per cent. Total value of merchandise free of duty 83.28 Total value of merchandise subject to duty 16.72 Equivalent ad valorem rate of duty on — Dutiable merchandise 10. 51 Free and dutiable merchandise . . 60. 72 328 Statement showing the value of imports and exports of merchandise carried in American and foreign vessels, respectively, in the foreign trade of the United States with Mexico, Central America, the West Indies, and South America during the year ending June 30, 1885. Imports. Exports. Total. Countries. In Ameri- sels. In for- eign ves- sels. In Ameri- can ves- sels. In for- eign ves- sels. In Ameri- can ves- sels In for- eign ves- sels. S3, 748, 890 42,841,767 §4, 799, 254 Jl, 560, 359 S8, 548, 144 §44,402,26 Central American States and British Honduras . 4,915,347 1,712,028 2,337,733 751,551 7,293,080 2,466,579 THE WEST INDIES. Cuba Brit ish West Indies 28, 975, 822 2,560.874 2,590.135 626,464 1,311,746 419,654 233,479 169,275 13, 330, 371 7, SI 12, 5i 17 3.514,128 1.841.972 149,673 727,861 153, 189 167,028 8.074,752 2. 58!), 694 691.113 1.080.26S 937, 566 752,205 440.463 435, 836 931.408 4.021,185 S7M.092 2,227.021 19,135 666, 76S 226,379 150,323 37, 050, 574 5.15U.50S 3.2S1.24S 1.1-06.750 2,249.312 1,171,859 673, 942 605,111 14,261,679 12,423.692 4.392.22(1 Hayti 1 J71.993 French West Indies Dutch West Indies Danish West Indies 1.39-1.629 379,568 317,351 27.689, 629llo, 001. 915 9,750,311 51,889,364 37,439,940 SOUTH AMERICA. 10, 108, 298 774,597 4,357,892 3,338.441 496,594 290,342 390, 309 811,245 258,212 1,803 558, 224 35, 155, 362 1.567, 480 1.951,68s 990.064 2,238.023 314, 183 531,045 953, 645 7,127 3,681,883 4,917,00! 2,128.394 2.513,71" 382, 402 1,581,687 > 75, 886 511,585 277, 364 81,184 383,740 3,635,410 666,300 915,215 2,132.78) 1,300,041 629, 320 764,771 230, 520 21,654 29,660 44,271 13,790,181 38. 790. 772 United Stat esof Colombia 5,691,066 2,233,780 6.4S0.20K 2,866.903 Argentine Republic 5.KS2. nil 3. 122.850 ,■■ a . 8,638,064 ci.iir ::::::::::::::::: 1,872,029 943.503 1,266,195 1.322,83) 585,576 82,987 941,964 1,295.810 1,184,165 Dutch Guiana 28,781 29, 660 All other South America. 195,377 239, 048 21,385,962 13.91)3,991 17,364,909 H>.0'i9.9|s 38, 750, 871 54,273,943 Grand total 66,937,648 76,147,418 39, 725, 72s 22, 435. 169 102,590,850 98,582,587 * In addition to the merchandise stated as imported and exported in vessels, mer- chandise to the value of s2,070,304 was imported, and merchandise to the value of $1,981,171 was exported "in cars and other land vehicles." Until there shall be a reform of our own laws of currency and taxa- tion, and a plan adopted that promises permanency, there will be. it is feared, little hope of a successful result of diplomatic negotiations with the neighboring governments on this continent looking to an increase of trade and commercial intercourse by them with ourselves. What reply could our representatives make to-day when asked what our policy about currency and taxation is to be ? The theory of our existing tariff legislation is that our own manufacturers can only be saved alive against foreign competition by preventing, through a custom-house tax, on nearly every completed manufacture our own people from buying a similar fabric in a foreign country. That tariff legislation has, it is be 329 lieved. created the very evil which the proposed bill and one of the proposed joint resolutions would endeavor to remove. One of the difficulties with which we in the United States have now to contend is that, by reason of our present tariff laws, we can not in our own workshops compete with European manufacturers, notwith- standing the great advantage we have from the efficiency of better paid and better educated labor. So long as such tariff laws shall be main- tained it is not believed that any diplomatic negotiations will enable the United States to do in the Dominion of Canada, or in Mexico, or in Central America, or in South America what we can not do at home — which is to compete with European manufacturers. Freedom to buy in these communities we now have, and we can enlarge its use to any degree, but freedom to sell to those co umunities we can only enlarge by producing equally good articles which we will sell at least as cheaply as our European competitors. All schemes whatever for retaining a protective system and gaining foreign markets are impossible of suc- cess, no matter how many railways we may build or steam-ships we may subsidize. It will be seen from the statistics already given that a large part of the products of our neighbors to the south of us are now ad- mitted at our custom-houses free of duty, but the difficulty of increas- ing the exports of our manufactured products to those countries re- mains, because our protective tariff inflicts what, owing to the increased cost of manufacture, is in effect an export ta c upon our products, which frustrates the efforts of our enterprising and inventive people to have more complete possession of the neighboring markets upon this con- tinent. The annual report of Secretary Manning to Congress, and his subse- quent communications on currency, taxation, and tariff reform, together with the recent report of the Bureau of Labor, clearly indicate how and when a removal of the existing business depression is to come. A rehabilitation of silver and a restoration of the o'.d price of that metal by open mints for all comers bringing gold or silver; free coinage of full legal-tender coins of both metals on an international ratio contem- plated by the second section of Mr. island's law of is;,x, and endeav- ored to lie promoted by Secretary Bayard; a sound system of finance; and a wise adaptation of the burden of taxation to the back that must bear it.will do more to open markets for our products in South America than will any diplomatic negotiations to be carried on by the President, and should precede such attempted negotiations. Perry Belmont. THE SENATE BILL AS ORIGINALLY PASSED. On the 6th of May Senator Frye reported from the Com- mittee on Foreign Relations of the United States Senate the following bill as a substitute for several similar meas- ures which had been referred to that committee. 380 A BILL to promote the political progress and commercial prosperity of the American nations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he hereby is, authorized to invite, on behalf of the Government and people of the United States, delegates from each of the Republics of Mexico, of Central and South America, Hayti, San Domingo, and from the Empire of Brazil, to assemble in Washington on the first day of October, eighteen hundred and eighty-seven, or as soon thereafter as practicable, to meet delegates on the part of the United States, to con- sider such questions and recommend such measures as shall be to the mutual interest and common welfare of the American states. Sec. 3. That in forwarding the invitation to the constituted authorities of the several independent Governments of the American hemisphere, the President of the United States shall set forth that the conference is called to consider — First. Measures that shall tend to preserve the peace and promote the prosperity of the several American states. Second. Measures toward the formation of an American customs union, under which the trade of the American nations with each other shall, so far as is possible and profitable, be promoted. Third. The establishment of regular and frequent communication between the ports of the several American states and the ports of each other. Fourth. The establishment of a uniform system of customs regula- tions in each of the independent American states to govern the mode of importation and exportation of merchandise and port dues and charges, a uniform method of determining the classification and valu- ation of such merchandise in the ports of each country, and a uniform system of invoices, and the subject of the sanitation of ships and quar- antine. Fifth. The adoption of a uniform system of weights and measures, and laws to protect the patent rights, copyrights, and trade-marks of citizens of either country in the other, and for the extradition of crim- inals. Sixth. The adoption of a common silver coin, to be issued by each Government in such an amount proportionate to the population of each as may be determined upon, the same to be legal- tender in all com- mercial transactions between the citizens of all of the American States. Seventh. An agreement upon and recommendation for adoption to their respective Governments of a definite plan of arbitration of all questions, disputes, and differences that may now or hereafter exist between them, to the end that all difficulties and disputes between such nations may be peaceably settled and wars prevented. Eighth. And to consider such other subjects relating to the welfare of the several states represented as may be presented by any of said states. 331 Sec. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the same to be disbursed under the direction and in the discretion of the Secretary of State, for expenses incidental to the conference. Sec. 4. That the President of the United States shall appoint, by and with the advice and consent of the Senate, twenty-four delegates to said conference, who shall serve without compensation other than their actual necessary expenses, of whom at least three shall be learned in international law, and the remainder men who are actively engaged in agriculture, manufacturing, and the exportation and importation of merchandise. Sec. 5. That the Secretary of State shall appoint such clerks as may lie necessary, and provide for the publication by the Public Printer of so much of the proceedings of the conference, in both the English and Spanish languages, as the conference may acquire. REPORT OF THE SENATE COMMITTEE. This bill was accompanied by the following report : [To accompany bill S. 2362.] Your Committee on Foreign Relations, to whom was referred Senate bill 1616 — a bill " to promote the political progress and commercial prosperity of the American nations" — have considered the same, and report the accompanying bill as a substitute therefor, with a favorable recommendation. Your committee annex and make a part of their report the accom- panying statements of the United States commissioners to South and Central America, made before them, together with certain extracts from the testimony taken by said commissioners in their investigation. [Remarks of S. O. Thacher before the sub-committee of the Committee on Foreign Relations upon the bill introduced by Hon. William P. Frye, entitled "An act to promote the political progress and commercial prosperity of the American na- tions. "] Mr. Chairman : The measure before the committee is in part the out- growth of the act of Congress of July 7, 1884, providing for a Commis- sion to the States of Central and South America for the purpose of ascertaining the best modes of promoting more intimate international and commercial relations between those countries and our own. Having filled as well as I could the position of commissioner under that law to those countries, you have kindly invited me to place before you the results of my observations so far as the same are applicable to the proposed legislation. 332 In the final report of that commission I have at some length en- deavored to gather into a readable review the most obvious reflections flowing from the long journeys and many interesting interviews with the leading officials, merchants, and educated men in those parts. To what I have there said I now add such observations as seem to me per- tinent to the question before the committee. ITS IMPORTANCE IN SOLVING THE INDUSTRIAL PROBLEM. The question before the committee is one whose magnitude and far- reaching importance can not be too earnestly considered. It brings into view quest ions affecting our own welfare as a nation, casting light upon the solution of a grave and ever urgent problem. The industrial outlook of our land is not one of entire sunshine. There are more laborers than there is work for them to do. Where one man is discharged from almost any of the manual occupations there waits one to take his place. The inflow of laborers from other lands to this is no more a. great need. In every department of industrial Life there is production be- yond consumption. Labor is struggling to hold its position, and is fearful of being displaced or of losing its present ground. The prod- ucts of farm, shop, and factory were never, within the memory of this generation, so low as they are now. In some branches of production there is a slight reaction from the paralysis of the past, but on the whole, as never before, our future growth, peace, and tranquillity de- pend on finding more consumers for what we have to sell. In this measure there is an effort to open to our producers of agricultural and manufactured wealth an adequate market. In vain do we turn our eyes to any other part of the world for a people who at once need and are willing to take from our farms, looms, forges, and wells of mineral oils that which we are able to produce and spare. The nations of Central and South America offer not alone the most alluring and most profitable markets whereby to relieve our ex- cessive productions, but there is no other field. The statesman who shall secure that great region so contiguous, so easily reached, and so prolific in wants, for the easy disposition of our merchandise, will be entitled to the highest commendation. Labor can be constantly employed at fan - wages when what it pro- duces can be sold at a fair profit. This condition failing, the whole fabric of society suffers alarm. There is no crying need of legislation to reconcile one element of our social progress with another when there is employment for all who are willing to labor at a remunerative com- pensation. It seems clear to me that the relations between employer and employe will readily adjust themselves when the venture to which each con- tributes is one of gain and not of loss. And no law can produce har- mony between labor and capital when the enterprise which enlists both proves disastrous. 333 The easy way and the only way out of the complications and disap- pointments that yearly are being intensified by the diminishing profit- ableness of all our industrial enterprises is to seek that market which so cordially invites us, and from which with strange fatuity we have for the last twenty-five years averted our thoughts. The statistics time and again have been brought before the public, and have at much length been represented in the first general report of the Commission to Central and South America, showing how dismally meager is our trade with those countries, which once were our well- pleased customers, and with win mi we could most easily re-establish our former friendly and profitable relations. There is no need of en- larging on this point. It presses itself upon the thoughtful considera- tion of every law -maker as well as upon the whole people. A very inter sting summary of our trade and that of other nations with Central and South America was published by the Treasury De- partment in January of last year. It is a brochure comprising state- ments Nos. 17 to 41, inclusive, of the quarterly report No. 1, series issi-'s."), of the Chief of the Bureau of Statistics. Its preparation, Mr. Nimmo says, grew out of the recent demand for information by Sen- ators, Representatives, and others interested in the trade of those coun- tries. To the condensed statistics there presented I can not add any- thing of value except such statements as pertain to subsequent trade relations. These are not within my reach. Peace, progress, and the manifold blessings of contented producing classes wait on the footsteps of any measure that shall insure to our laborers, our farmers, and our manufacturers a fair chance in the mar- kets of Central and South America. To-day they are nearly closed against them. The causes of this denial to our people of an easy access to those natural depots for our surplus products havebeen set out very fully in the various reports the Commission to those nations has sub- mitted, and which I learn will in a few days be received by Congress from the Government Printing House. In them and in the many state- ments subjoined to each of them will be found the remedies for the deplorable state of trade in those parts. Farther on I will briefly advert to these causes ; I only now state the fact. INTERNATIONAL ASPECT OF THE MEASURE. But the proposed measure rises to a higher plane than that of merely seeking a rich and permanent outlet for our surplus products. It pro- poses to secure the " political progress" as well as the "commercial prosperity " of those countries and our own. And yet in accomplish- ing this nobler end we shall certainly contribute to the success of the other. I can not on this point say more than quote from the final report before mentioned: 334 " Tlie scope of our mission, as defined by the act of Congress creat- ing it, embraced an inquiry into ' the best modes of securing more in- timate international and commercial relations between the United Static and the several countries of Central and South America.' •• In the course of our inquiries we became convinced that it is quite as axiomatic that commerce derives support and promotion from friendly political relations as that trade quickens international unity. They mutually aid each other. Whatever tends to bring into kindly accord the diplomatic interests and aims of our country and those of our American neighbors, whatever unifies our national purposes, benefits commerce. Mutual confidences in matters of state foster equal trusts in business transactions. Peoples held together in close political relations naturally have a greater faith in the fidelity of the products of each other. Confidence lies at the basis of every business operation and of every national compact; and where it is found want- ing in one, it will not be strong in the other. " Necessity or profit may force trade into a channel of a purely busi- ness character, where international respect or fellowship is slight, but commerce flourishes much more naturally and vigorously under the protecting care of faithful and constant national harmony and concord. The disruption of friendship between nations is a disaster to their mut- ual trade interests. As we write this report the Spanish people, at home and in the colonies, are resolving against trade with Germany because of the supposed affront in the seizure of the Caroline Islands. Other things being equal, trade will be facilitated by warm interna- tional ties; wise an 1 just diplomacy will aid the merchant and trader as much, at least, as they in turn can promote friendly international relations." OUR EXAMPLE FOLLOWED. That nations exert an unconscious influence as well as individuals is remarkably illustrated in the history of the Republics of Central and South America. A people far removed from us by ethnic conditions and civil and re- ligious training, dwelling in cities whose foundations were laid by Cor- tez, Alvarado, Pizarro, Valdivia, and Mendoza a century before Ply- mouth Rock, and twice that period ere Bunker Hill and the Declara- tion of Independence, turned their eyes toward our great example, and for themselves, after heroic sacrifice, destroyed the rule of the rapa- cious and exacting viceroy, severed the ties of colonial dependence, and erected on the ruins of foreign customs and impositions govern- ments in imitation of our own. OUR INDIFFERENCE. Yet during all the subsequent years our country has, until recently, turned an icy look upon these struggling Republics and our diplomacy has been no whit warmer or more friendly towards them than it has towards the several despotisms of the Eastern Hemisphere. 335 While we have been a conspicuous propagandist of democratic insti- tutions by our deeds and self-deli verarance and aggrandizement, we have neglected to aid by sympathy and counsel those who were eagerly hop- ing for them. Overtures for a more kindly fraternity have been treated by us with silence, and an effort on the part of these people to draw near to us in more rapid and certain communications have been met by cold indiffer- ence. DESIRES FOR A CONVENTION. The wonder remains that notwithstanding all this neglect to culti- vate and encourage those nations they still admire our greatness ami long for a nearer bond of union and fellowship. Every line of the re- ports of the many conferences held by the Commission with the repre- sentative men of those nations shows how fervently and with what glad surprise our overture for a convention of all the nations of the American Continent was welcomed. ATTITUDE op en ILL An exception may possibly be noted in the case of Chili. Yet I think that as that Government exhibited an unwonted desire to have realized two objects tol nsidered in such a conference, and which can be more readily attained through it than in any other way, namely, the ad< >] >- tion of a common silver coin which shall be current in all the countries of the Western Hemisphere, and also the promotion of direct, speedy, and frequent steam navigation between the ports of North and South America, I conclude that at the proper time Chili will not only assent to such a convention, but will be represented there by men of large states- manship. It may be well to say that there were three things that gave to the mission to Chili less of warmth than it received in other states. Chili justly regards itself as the most important power on the South Pacific coast. In the interview I had with the President and his cabinet he remarked that the course his Government should take on the matters brought forward by me would be followed by the other powers of that coast, and that consultation with them was needless. It happens that Chili was the last instead of the first nation visited on the Pacific. Again, the letter accrediting the Commission mentioned three per- sons as being sent to Chili with the highest diplomatic rank : of the three only one appeared. The President declined to recognize the tele- graphic permission sent by Mr. Bayard to the secretary of the Com- mission, Mr. ( lurtis, to act as commissioner for Ecuador, Peru, and ( 'liili. Here, too, was a cause of irritation and some embarrassment. To this must be added, as Iwas informed by our minister, Mr. Logan, a certain coolness growing out of the apprehension that with the change of ad- ministration in our country would come an earnest effort by our Gov- ernment tc enforce upon Chili the payment of various claims of our 336 countrymen for alleged losses suffered by them in the war between Chili and Peru. I believe to these apparently minor matters was owing the somewhat defensive and non-committal attitude of ( 'hili. I have no doubt of there being present at the convention when called by our country representatives from every one of the western powers, ami that these delegates will be men of great weight at home in all the matters affecting their foreign relations. OPINIONS OF LEADING MEN. To be persuaded of this I need only quote utterances of the public men of those lands on the relations that do or should obtain between their country and ours. In 1879 the executive power of the Argentine Republic sent to Con- gress a message urging a subsidy to be granted to establish a line of steamers between the ports of the La Plata and our own. In it occurs the following passage : " The executive power considers it useless to dilate on the considera- tions upon the advantages of a direct communication with the most powerful commercial and free nation that has best realized the forms of government that we have accepted, following precisely its example. This other market that opens itself is a new interchange for the men, the ideas, and the products.'' The President of Chili, in responding to the address I made at the time I was presented to him, among other things, said as follows : " The extraordinary progress of the United States, independent of the advantage gained by the extension of its area, of its geographical posi- tion, and the elements which constitute its social organization, is due to the liberal institutions under which the people are governed, and by which it has been proven that the free people are those that really pros- per, and are the only ones that have peace as the essential condition of material, intellectual, and moral progress. "The South American Republics when they made themselves free had in the northern zone an authority they could consult and an exam- ple they could follow. If owing to reasons which are well understood they could not copy the edifice you have framed, they have always en- deavored at least to inspire in their own people the ideas which have enabled you to advance so resolutely on the road of human liberty and progress. If on this road so happily trodden the American constellation has added to its stars, it is also true that the southern star, follow- ing with no less certainty in the same heavens, and pursuing the same purpose, shines to-day with greater splendor and shows that we have not been amiss in seeking the path to glory, liberty, and prosperity." Not less earnest and admiring were the words of the President of Guatemala, as witness the following from his response of welcome to our mission : " It is the source of the greatest gratification to me to receive from 337 your hands the autograph letter by which his excellency the President of the United States has accredited you as envoys extraordinary and ministers plenipotentiary to my Government. From the very begin- ning we have embraced with the greatest ardor the plan of the American < longress to send a commission to the Spanish-American Republics for the purpose of securing more intimate and friendly relations between them all. " Such a noble and elevated purpose can not but have the sincerest sympathy and co-operation from all those who desire the progress of the several nations of the New World, so that in having the honor to receive you and give you a most affectionate welcome, it is gratifying to be able to assure you that you will find on the part of the Govern- ment and the people of Guatemala a sincere disposition to aid hi the success of your most important mission. " The grand Republic of the United States is the natural market for the different products we export, and they should find in your rich and populous country consumers who are able to send us in return the great variety of their agricultural and mechanical products with benefit to the producers and consumers of both countries. • ' Guatemala has always endeavored to maintain the greatest harmony with the nations which honor us with their friendship, and it has always endeavored very especially to strengthen more and more the cordial relations which have forever existed between this country and the United States, so that when you come, vested with an exalted duty by the grand American Government, inspired with the benevolent sen- timents which you have just uttered, I have the honor to congratulate myself upon your arrival, and promise to leave nothing undoie to make your visit a success, and enter into bonds with you to unite more closely two peoples which by their analogous institutions, by their geographical positions, and many other circumstances and considera- tions, should establish a more active and lucrative commerce." Without wearying you with these iterations of the desire of the American peoples visited by the Commission to realize such results as are proposed in this measure, I will content myself by adding the fol- lowing from the President of Mexico, a most progressive and enlight- ened statesman : "Mr. Commissioner Thacher then quoted the instructions of the Secretary of State relating to an international congress of delegates from the several nations of the American hemisphere, and asked the views of President Diaz as to the practicability of such a congress and 111 "i ii as io the topics n hicli ii ihould consider. T - thi Pri iidt ni i 'i i . ph. ,i ti, ,t bhi uggt H i m and hid many times been considered by the Mexican Government, which he believed had always favored it. He recited his recollection of the several attempts made in this direction, beginning with Bolivar's plan of 1834, and the attitude presented on each occasion by the several administrations in his own country, showing great familiarity with 563a— VOL 4 23 338 the history of the proposition. He said he had always hoped such an international congress would be some time held, as he believed great good could be accomplished if all the American Republics would con- sent to send delegates to meet upon an equal footing and agree upon measures for the common welfare. " The chief object to be discussed at such a gathering would natu- rally be a method of arbitration by which international differences could be peacefully adjusted, and another, equally important, was to confine American trade, so far as possible, to American nations." I venture on one more quotation ; it is a paragraph from the response of the President of Venezuela : " I respond in the most frank and cordial manner to the expressions of good-will of your Government, and I view the very elevated object of your mission from the stand-point of its great importance. "Venezuela and the United States have the same institutions, the same history. They produced the immortal George Washington, " the first in the hearts of his countrymen," and Venezuela produced the im- mortal Bolivar, the father of five republics, freed by the impulse of stupendous efforts. Both of them honored by the recognition of the two confederacies, they are to-day the faithful representatives of the association of our interests and aspirations— equality before the law and the truth of democracy. "With these lofty motives the people of the New World aspire by union to seek the development of their industrial and commercial pros- perity and to cement the alliance of views and intents in the reign of equity and the empire of justice." EFFICACY OF PROPOSED LEGISLATION. The twofold object unfolded in the title of this bill will, I conceive, in a large degree be realized by its enactment. The historic fact that our example has led to the creation of repub- lics striving to realize our progress and destiny imposes upon us a different relation to those peoples than that which we hold to other nations. This is intensified by the propinquity of these constitutional governments and by the further consideration that while we have for- borne ear upon the delegates from our sister States by a sojourn in our midst under the hospitable welcome of our Government. Our schools, our higher institutions of learning, our religious life, where church and state are totally independent of each other, our in- dustral pursuits and growths, our systems of internal improvements. in fine all that intense personal freedom of thought and action out of which has grown our present commanding position, would profoundly impress our visitors and they would carry back to their own lands new views and purposes. The result would be the same, in part at least, as that I pointed out in the final report as following the education of their young men in our midst: " Every year there are delegations of young men from each republic finding educational homes anil advantages in the schools of Europe, whence they bring back at least far less accurate ideas about and love for American institutions than they would were they returning from our colleges or higher schools of learning. A number of young men from each republic, ingenious and eager for mental improvement and 340 education, annually educated in our midst, familiarized with our pro- gressive life, the spirit of our laws, the genius of our institutions, and the comprehensiveness of our energy, would, in a few years, make a marked change in the knowledge their people have of the United States. " They now admire our greatness, but then they would revere the benign principles; the complete tolerance, and the singleness of pur- pose and aim on which the whole superstructure of American growth, power, and welfare rests. They would feel that the impulses of equality, religious toleration and independence, and the isolation of Government from all aims save those essential to the protection of the person and property of the people, were the secrets of a power and elevation their countrymen so much applaud. They would be mission- aries returning to their countrymen with the story of our people, life, and achievements, and holding them up for imitation. " They would speak of the filling of the great offices of state by a free, uncoerced ballot, and the quiet acquiescence of 55,000,000 of people in the will of the majority, however narrow that might be. What more powerful argument could they bring against the too frequent revolu- tions in those States that follow their recurring national elections ? " They would point their countrymen to school-houses in the small- est rural district of the great Republic as in the most populous wards of its thronged cities, to the schools of art, technology, industrial pur- suits, and classical and scientific acquisitions, whereby the blessings of a free education are brought within the reach of the poorest child in the land. They would tell their people of a state where every form of religious faith is protected but not supported by law, and yet where the spires of churches, temples, and cathedrals rise above the roofs of every city and the groves of every village, hamlet, and neighborhood, scarcely out of sight of the traveler as he passes from ocean to ocean. "What stronger motives for the independence of the church and the edu- cation of the masses could they place before their patriotic country- men ? " To this end the delegates should be shown our great centers of trade and business, our manufactories and our appliances for agricultural de- velopment, and be afforded by extended tours from the Atlantic to the Pacific coast, from the lakes to the Gulf of Mexico, an opportunity to behold on a grand scale the workings of our elastic institutions. CUMMEROIAL FEATURES OF T£LE UTLL. Turning to the other details of the proposed law, we find they tend to one point — the promotion of trade, the building up of commercial interests by and between the consulting Governments. This aspect of the matter opens a wide field of inquiry and in some degree of speculation. The peculiarities of the Latin race in America lead 'taway from man.- 341 ufacturing pursuits. Valencia centuries ago imported wool from Eng- land and returned it in cloths, but the process is now reversed. Great Britain manufactures for the world, and Spain, with all the col- onics she planted, contributes to her commercial supremacy. In Spain there is cheap fuel and plenty of water-power. In Spanish America, from Mexico to Magellan, there are few coal-fields, but almost everywhere flowing streams, furnishing the cheapest and most abundant power. Guatemala. Costa Rica, the western slopes of the Andes, Uruguay, and portions of the Argentine Republic have unfailing and enormous stores of this easily-used motor. Yet in Costa Rica 1 saw only two water-driven mills : in Guatemala there were a few more: yet not one- thousandth part of the water-power was utilized. The Himac for nearly 70 miles is a dashing cascade, with only a tannery, a brewery, and possibly a few other industries at Lima holding in check for a few minutes its rushing flood. Chili in the Mopocho and the Maipo lias powerful streams, and hun- dreds of smaller water-courses find their way to the ocean. The report from Uruguay calls attention to its internal water-power, and the statements submitted with the report from the Argentine Re.- public show how immense is the water-power in the Gran Chaco region. We must conclude, then, that the want of manufactured products in these countries grows out of either or both of two causes: the one a disinclination to take up the patient, stead} routine of daily toil neces- sary to successful manufacturing, and the other a greater profitable- ness in other more congenial pursuits. Without dwelling o i the point. I may say that it is safe to aver that these countries will for years he great consumers of foreign manfact- ured goods. In Chili the war with Peru demoralized the soldiers, many of whom were taken from the ordinary pursuits, and, returning from their con- quest, failed to take up the peaceful avocations they left: and vet Chili is beyond doubt in manufactories the New England of South America. The special report on this country fully covers this question. In any trade relations we may establish with those countries we may reasonably count on the permanence of the demand for our goods. OUR COMPETITORS. The larger portion of the commerce we are seeking has been in the hands of Great Britain, but of recent years another, and what promises to be a more formidable rival, has come to the front. The German manufacturers, intrenched behind encouraging and pro- tecting legislative walls, have pushed their products far beyond the home demand. Always sure of their own market without competitii >n, they have turned their unflagging energies to secure centers of trade in 342 the Western Hemisphere. They are clever imitators of every new in- vention, of every improved machine, ; nd of many of the most useful and popular goods produced in the United States. They send out counterfeits of the famous "Collins" wares, even to the very brand; they make mowers and agricultural implements as nearly like ours as possible. Our sewing-machines are copied by these people, and the imitations are palmed off on the South American trade as coming from the United States. The character and ways of these new rivals for the trade of our neighbors is thus graphically portrayed by our former consul-general in Mexico. Mr. Strother, and I may add that what the German is in Mexico he is in all the other Central and South American nations. General Strother says: " For the rest it will still remain with American manufacturers and merchants to solve the question of successful competition with their European rivals, the most formidable of whom at present are the Ger • mans, whose commercial establishments are more substantially planted and more widely extended than those of any other foreign nation. And it may be well here to note their methods and the causes of their success. The German who comes to Mexico to establish himself in business is carefully educated for the purpose, not only in the special branch which he proposes to follow, but he is also an accomplished linguist, being generally able to converse and correspond in the four great commercial languages— German, English, French, and Spanish. His enterprise is usually backed by large capital in the mother coun- try. He does not come to speculate, or inflated with the hope of acquiring sudden fortune, but expecting to succeed in time by close attention, patient labor and economy, looking forward twenty, thirty, or even forty years for the realization of his hopes. He builds up his business as one builds a house, brick by brick, and with a solid founda- tion. He can brook delays, give long credits, sustain reverses, and tide over dull times. He never meddles with the politics of the coun- try; keeps on good terms with its governors, whoever they may be. He rarely makes complaints through his minister or consul, but if caught evading the revenue laws, or in other illegal practices, he pays his fine and goes on with his business. With these methods and char- acteristics, the German merchant generally succeeds in securing wealth and the respect of any community in which he may have estab- lished himself." In a conversation with the British minister, Sir Spencer St. John. in Mexco, he observed to me that the success of the Germans in deal- ing with the revenue officials and in pushing their trade had driven out of Mexico every wholesale English house, whereas the foreign com- merce was once largely in the hands of his countrymen. In passing -from this point we must not forget that notwithstanding all this copying of our productions by the German manufacturer, yet the deception deceives few, and that were the markets open to our 34;! dealers the superior material, workmanship, and fidelity of our goods would defy all competition. The French, equally protected by home legislation and alive to the wants of the South American markets, are increasing their trade there. Indeed we must meet in the ports of our neighbors the wares of many of the European countries, all of which a re borne to their destination in vessels flying their own national ensign. STEAM-SHIPS A NECESSITY. This brings me to the pivotal point in all our efforts to secure those markets to ourselves. In round numbers $400,000,000 of imports are consumed annually in Central and South America. The volume each year rises in magnitude. Of this great business our country should enjoy at least three-fifths. I may be permitted on this point to repeat the observations I made in the final report. "Without the frequent and certain appearance of the flag of our country in the waters of these States there can be no strong interna- tional ties. "Out of sight, out of mind" is as certain of nations as of individuals. The ships of a country carry its sovereignty, its name, and its character to the ports of the world. "Intimate international relations" suggests association, an interchange of friendly offices, fre- quent communication, negotiation, intercourse. A friendship with an ocean ever rolling between the friends is a cold thing. The allies we seek in the western hemisphere, except Chili, are almost wholly with- out a mercantile marine. ••If we would impress them witli the value of our friendship, lead them to look to us for sympathy in time of need, invite them to repose confidence in our sincerity for their welfare as nations, we must devise some way of frequent and easy communication. Isolation on our part will increase indifference. There is scarcely a maritime country of Europe whose flag on war-ships, steam and wind driven craft, is not better known in the waters of South America and along the Spanish Main than is that of our country. And yet there is no flag so welcome there as ours. "Our special reports have shown with what earnestness the people of the Republics we have visited in South America pressed upon us the necessity of establishing American steam-ship lines to increase trade, and to a willingness of those republics to contribute to their establish- ment. We shall not be called upon t< > furnish all the money necessary to enable the projected lines to compete with European merchantmen; for so desirous are those countries for regular and frequent steam-ship intercourse with us that we can relj upon their material aid to promote it. We believe that the adjustment and perfecting of the common enterprise between all the parties to the measure would of itself beget confidence and better acquaintance. 344 "A business enterprise promoted by the different countries would draw to it the patronage of the people of these lauds. Patriotism would aid in diverting trade to the new lines, and just as railroads sweeping over State boundaries in our country have tended to the uni- fication of the people of all the States, so would these messengers of oommerce promote better acquaintance with the good qualities of each among all the rest, and thereby foster nearer national as well as commercial ties. •• The concurrent testimony of all whom we have consulted, holding positions of influence or information, and the results of our own obser- vation in every port we- visited, demonstrate the futility of our efforts to promote trade in the desired direction, so long as freight and passage rates tell so heavily against us and so heavily in favor of our European competitors. •■ There is no reason to imagine we can regain the trade we once held in South America, or capture that now possessed by foreign nations, unless we adopt the same measures those countries employed to take that commerce from us and to keep it and its increase. We append to this report the answers to our inquiry sent to the several legations in Europe as to the amount paid by other countries to promote and main- tain steam-ship lines to the South American States. They show by what agencies the great volume of commerce of that continent is made to roll to European ports, and prove how useless will be our efforts to turn it unless we use means of equal significance and potency." I find the following in the Missouri Republican, of St. Louis, of the 2d instant: "Important meeting. — The board of directors and transportation com- mittee met yesterday and adopted the following resolutions: "Resolved, That in the interest of the trade between the Mississippi Valley and the Central and South American States we recommend that direct mail communication be encouraged between the United States and those countries through the port of New Orleans, and that for the promotion of this object we urge upon our Congressmen, with those representing the other States in the Mississippi Valley, that Congress make liberal appropriation to subsidize any steam-ship line that will establish communic -a tii in between New Orleans and the countries named. "Resolved, That a copy of these resolutions be forwarded to the vari- ous exchanges in the Mississippi Valley, and the Congressmen repre- senting the same, urging their hearty co-operation in this movement." No one can question the value to our country of the recommendations made by the St. Louis Board of Trade, and most emphatically is this true of the agricultural and manufactured products of that wide ex- panse comprehended in the Mississippi Valley. The course of trade in this vast region towards the ports of our neighbors is illustrated in the way hams manufactured in the Western packing-houses find that market. They are shipped to New York, thence to some English port ; there they are stripped of their American wrapping and brands, re- 345 wrapped and branded as of English make, and then shipped to some South American port, where they bring 50 cents per pound. Direct communication from New Orleans with the markets of the Spanish Main and of the South Atlantic coast, and theme to thos the Smith Pacific, would add large value to everything the great valley sends to those places. Flour, lumber, agricultural machinery, oils, pro- visions, and other articles directly affecting the welfare of the farmer and manufacturer would find a higher and Letter maket were the res- olutions of the St. Louis Board of Trade adopted by i longress. INTERNATIONAL QUARANTINE. But this stimulated service would fail of its best results if it was not supplemented by a far better and less vexation, system of quarantine both at New Orleans and the ports above mentioned than now exists. On this point I refer to that part of the address before the Commission at New Orleans of Maj. B. F. Hilder, found on page 377 of the report of the < lommission, at the second session of the Forty-eigthth Congress, Ex.. Doc. 526, and also to the still more exhaustive and most interesting paper of Dr. Joseph II,, It. president of the Louisiana board of health, found at page 382 and following pages of the same document ; also to the views of the Commission on the subject, foundat page431, together with the statement of Dr. Burgess, of Havana, on this question, found on page 433. It will be seen that unless some such system as that outlined by Dr. Holt can he adopted through international co-operation an almost in- superable barrier is erected against continuous steam communication between the entrepot of the great river and the ports southerly there- from. More or less yellow fever exists the year around in the ports of the Carribbean Sea. those of the South Atlantic as low down as Rio de Janeiro, and those of the South Pacific to Callao. Dr. Holt suggests a feasible way to preserve perfect sanitation oi the exposed ship, and SO obviate, save in very exceptional eases, any serious detention of it when it readies its destined port. ADDITIONAL TOPIl I venture to suggest to the chairman that to the topics already pro- posed for consideration by his hill he add one covering— "The best method of sanitating ships and cargoes going from in- fected ports, and of reducing the time of quarantine detent: And (I may as well here respond to the chairman's invitation to name topics for consideration other than those mentioned in his bill) the fol- lowing: To the fifth proposition a.ld. 'and for tl xtradition of crim- inals." To-day a refugee from justice, a Boston embezzler or forger, under an assumed name, publishes an American newspaper at Buenos Ayres. Xo wonder his presence in that city neither gives respect nor welcome to the character of American citizenship. 346 It might be well to ask the delegates to bring certain information as to the feasibility or advisability of effecting an all-railroad connection between all the nations; of carrying the steel highway from Mexico south until it meets the one being pushed north by the Argentine Re- public through the Gran Chalco and into the almost unvisited regions of eastern Bolivia and western Brazil. Again, I would add a general invitation to each country represented in the congress to present such different or more specific propositions than those mentioned as it felt inclined. VALUE OP UNIFORMITY IN CUSTOMS, LAWS, MONET, WEIGHTS, AND MEASURES. The propositions of the bill in the second, fourth, fifth, and sixth sub- divisions, if carried into general use, would facilitate trade between the nations, and, in fact, tend to an almost entire exclusion of European states from all such branches of commerce as could be carried on with- out them. This unity of com value, of weights and measures, and the uniformity of law touching exports and imports, would inevitably stimulate 'and enhance business ventures of all kinds between the states governed thereby. The reflections upon the effect of such uniformity are so obvious that they readily come to mind the moment the general propo- sition is named. In addition to those that he upon the surface, it may be stated that out of this uniformity would come on our part a closer study of the wan*s of the people whose trade we seek; the manufact- urer would, through branch houses and agents well versed in the language and habits of those countries, know what patterns, widths, lengths, styles, and character of goods his customers require. The doleful cry of faulty packing and reckless disregard of orders would not be heard. Bills of lading and invoices would utter a lan- guage familiar to all. The vexations of the custom-liouse would dis- appear. The measure of value would no longer be the sloilling of the English, the mark of the German, or the franc of the French, but it would be the dollar of the western hemisphere. Many difficulties and many years possibly stand in the way of this desired end. But great organizations of capital and labor fill the land with their gigantic forms. Why should not the same idea inform and guide the policies, international and commercial, of the American na- tions ? The call for this congress will meet a cordial response from the best men of those countries. Such statesmen as Ex- President Sarmiento. the father of the educational system of the Argentine Republic, Chan- cellor George Huennos, speaker of the house of representatives of Chili and the head of the National University at Santiago, and many more who might be named, will see in this international conference auguries of good, and good only, for the struggling republics of Cen- tral and South America. 347 LETTER OF MR. REYNOLDS. [Letter of Thomas C. Reynolds, presenting liis views on Senate bill 1616 "to promote the political progress and commercial prosperity of the American nations."] St. Louis. Mo., April T. 1886. Sir: Responding to the invitation with which, on behalf of the Senate Committee on Foreign Relations, you have honored me, I respectfully present my views on your Senate hill 1616 to promote the political pro- gress and commercial prosperity of the American nations. Each and all of the seven objects set forth in the second section of your bill are so clearly wise and statesmanlike that comment on them is superfluous. 1 therefore confine myself to making some suggestions concerning the modes in which, and the extent to which, those objects can lie attained. The meeting at Washington of a congress of delegates from all the independent nations of our hemisphere, for the consideration of those objects, will presenl peculiar advantages. Prepared for, by our reg- ular diplomatic and consular officials, it would present opportunities for the officials of our ( rovernment to be brought into direct communi- cation with delegates specially selected for the purposes of the congress. and those delegates would be in like- communication with our officials and with each other. The roundabout way oi communication by the regular diplomatic representatives of the « iovernments, or by a commission from our own. having constantly to report home for orders, would be avoided. A.free Interchange of opinions would lead in a very short time to practical conclusions, which it would require years to reach by the regular diplo- matic methods. It should he distinctly understood, and perhaps be in some way indi- cated in your bill, that the consent of all the Governments invited, to the congress will not be indispensable. Power should be given to the President to < voke it. should only some of the Governments invited send delegates to it. Diplomatic correspondence, and information here- tofore, would indicate that many of those States would, lor various reasons, decline the invitation. The countries south of the equator might find it best to form a customs union of their own. Should only the Governments of the Republics bordering on the Caribbean Sea and Gulf of Mexico— our American Mediterranean— unite in the congress, it should meet without awaiting the action of the other States. A cus- toms union of the latter, south of the equator, would finally gravitate to a like connection with our own part of tin' hemisphere, as South Ger- many did towards the customs union of North Germany. On the general subject of the congress, as well as in regard to the objects specified in the seven clauses of the second section of your bill, the rise and progress of the German customs union (zollverein) is prac- tically instructive. I have no authorities to which I can refer and must rely on my remembrance of observation and information .lin- ing several years' sojourn at German universities, at a period when that 348 union was in the course of development. It was composed at first of the Prussian dominions and a few minor contiguous States. As its ad- vantages became evident, other States joined it, under the influence not only of those advantages, but also of retaliatory tariffs against them by the union, and special favors offered to them by it. South Germany long held back, and my recollection is that its States first formed a cus- toms union of their own. The Hanseatic sea-ports (independent sov- ereignties) hesitated still longer. Indeed, I have an impression that the great commercial city of Hamburg is not yet completely included in the union. Sixty years or more have passed in bringing the union up to its present extent and importance. The causes or pretexts of the re- luctance to join it were mainly difference in tariffs, fear of injury to protected industries, and (to a formidable extent in bureaucratic Gov- ernments) the opposition of employes to a system which, as they be- lieved, would economize by abolishing their places. Similar causes may lessen the number of Governments which will accept the invitation to the Congress or unite upon plans to effect the objects mentioned in the bill ; but even should only a few be repre- sented in the Congress here, as in Germany, it will be the first step which costs, and afterwards like obstacles will be removed by like means. Should even but one State be willing to unite with us in car- rying out any of the objects mentioned in your bill, a beginning will have been secured, and, as in Germany, the adhesion of all the others to a complete commercial and customs union will be a question of time — probably of less than half a century. Taking by clauses the first section of your bill, I deferentially make these suggestions. CLAUSE FIRST. While a general assent may be expected to measures that shall tend to preserve the peace and promote the prosperity of the several Repub- lics and the Empire of Brazil, the exact definition of those to preserve the present integrity and territorial conditions of each as they exist against forcible dismemberment will meet with serious obstacles. Several Spanish-American States still have treaties mutually guaran- tying each other's territories; but they are not observed by any of them. Several, probably most, of the Spanish-American Republics and Brazil have questions of boundary to settle, and to do so existing territorial conditions of occupancy might have to be changed. To be- come a party to such questions, even by general or vague- declarations, might lead the United States into entangling engagements. Possibly these objects of this clause of your bill could be united with that men- tioned in section 7: "an agreement upon, and recommendation for adoption to the respective Governments, of a definite plan of arbitra- tion of all questions, disputes, and differences that may now or here- after exist between them." As to forcible dismemberment by any European power, the position of the United States is too well under- 349 stood, and satisfactory to the other American Governments, to need any agreement in the proposed Congress. CLAUSE SKI (INI). The final crowning result which the other objects of your bill would be contributory to, or even accompany, will be the fo niation of the American customs union proposed in this clause, ■■Under which the trade of the American nations shall, so far as is possible and profitable, be confined to American waters, and there shall be a free interchange of the natural and peculiar manufactured products of each." I assume that the interchange is to he of all products of each, as our commerce with the countries south of us will always naturally consist, to a very great extent, of our m mufactures in exchange for the products of their fields, forests, and mines. On the details of such a customs union, the honest collection and equitable distribution of the revenues from it. the measures for prevent- ing smuggling, the proper c onsideration of existing vested interests, the necessary navigation laws defining- the origin and ownership of vessels to which the trade is to be confined, and many other important matters, •I do not propose to write. But it may not be superfluous to make some observations on what may lie necessary to prepare for a customs union, and which in fact, to a limited extent, is such a union itself, viz. a reci- procity treaty. Among the means to secure more intimate commercial relations be- twi en the United States and the sever d countries of Central and Si >uth America, uggested in the first report of the Commission to those States (transmitted by the President to Congress on February 13, 1885, and printed as Ex. Doc. No. 226), were the following (p. 4) : •' Commercial treaties with actual and equivalent reciprocal concessions in tariff duties." As the words "actual and equivalent " were adopted at my suggestion, an explanation of their full fore- may not be superfluous. A stipulation in a treaty that certain products of one country shall be admitted free, or at a reduced duty, into another country, may, on paper, appear to offer a reciprocal concession for a like admissi f certain other products of the latter country into the former. Hut the seeming effect of it may be neutralized in various ways, so that it will be. to the one country or the other, not an actual concession Chief among those ways are, the existenceof treaties with other nations, plac- ing them on the footing of th< "mosi favored nation," export duties. home bounties, drawbacks, monopolies, and municipal or other local taxation. The skill of the diplomatist, aided bj information from con- suls, merchants, shippers, and other experts in the questions, should be exerted to frame the treaty so as to prevent the defeat of its real object by such collateral disadvantages and burdens. To explain them, or point out modes of removing them, severally, would unduly extend the length of this letter. 350 But one of them, the " must favored nation clause," deserves special consideration. It is understood that Great Britain . Germany, and prob- ably other countries, claim that a reciprocity treaty with the United States by a Spanish American country applies to them, under that clause in their treaties with the last-mentioned country, with the same effect as if their names had been in the treaty instead of or along with that of the United States. For example, should the United States, re- suming import duties on coffee, grant to Brazil freedom from them, on the "reciprocal concession" that flour and certain American manu- factures should be admitted free into that Empire, Great Britain, which consumes very little coffee of any kind, and probably none from Brazil, would claim the same freedom for her like manufactures. Thus, in re- turn for our being customers of Brazil, in coffee, to the amount of about $50,000,000 annually, Great Britain, offering no " equivalent " concession in fact, would still be able to drive (or, rather, keep) us out of the Brazilian market for those manufactures which she can supply more cheaply or with greater facility through her lines of steamers. After much thought on the subject, I have found no surer mode of making reciprocity " equivalent" than by expressing in the treaty it- self, and as a condition of it. the real object of every reciprocity treaty, the actual and equivalent increase of the commerce between the parties to it. For illustration, should the United States make a reciprocity treaty with Spain for certain concessions designed to increase our ex- ports to Cuba, in consideration of a reduction of our duties on Cuban sugars, the treaty should provide that that reduction should exist only as long as Cuba imported from the United States at least a certain fixed amount in value annually, and Spain might justly require a like condi- tion as to the annual amount of our impoi'ts of Cuban sugars. The custom-house returns of the two countries would readily fix the re- spective amounts, and the reciprocity of the treaty, whenever it ceased to be actual and equivalent, could be suspended by a proclamation of the President, on due notice to be provided for in the treaty. As it is undeniable, and even generally admitted, that the "most favored nation clause " entitles a country having the privilege of it to be merely " on all fours" with any other nation, and share the advan- tages of it only on the identical conditions accompanying them, such a proviso as that above mentioned would effectually block the diplomatic game which Germany is understood to have played upon us in Mexico, by claiming for herself the benefits of our recent reciprocity treaty with that Republic. Taking, in fact, no sugar and little tobacco or anything else from Mexico, she sagaciously offers to remit her duties on them, and claims for her exports to that Republic, mainly in manufactures, the same concessions it made to the United Siates in order to increase the exports of its own products to our country. With such a pro- viso as that above suggested, Germany would be beaten on her own diplomatic ground. Mexico would be obligated by the " most favored nation clause" only to offer to Germany the same treaty, mutatis mil- 351 tandis, her name taking the plan- of thai of the United States. A.s her imports from Mexico would not compare with ours, such a treaty would give her no actual advantage over us. So. also, with Cuba in her commerce with Germany, and probably, also, witu Great Britain and France. No one of those count lies (France and Germany making their own beet-root sugar, and Great Britain being supplied principally l>> her own colonies) would be able to take from Cuba the amount of sugars which would be the treaty "equivalent" for the concessions made to the United States. Another important consideration in deciding what kind of a reciproc- ity treaty to make, or whether to make it at all. is the effect it would havi some equally advantageous indirect trade. By driving out of some South American market some other country which trades with us. we may diminish the purchasing power of that countrj in our own markets, and increased indirect trade witli the former ma\ not com- pensate us for a loss of trade with the latter. In this connection, the effect of several misused terms is to be deprecated. Generally when our imports from and exports to any particular country do not balance al all, the very bad English is common of speaking of a "bal- ance of trade" for or against us. It is refreshing to notice that in the reports of our Bureau of Statistics that improper phrase is discarded, and the difference between exports and imports is described as an excess of one over the other. An excess of imports over exports in a particular venture may represent a gain, and not a loss. A familiar illustration is that of a Boston ship which, in former times, would take a cargo belonging to the ship's owner, worth, say. $100,000, to China, and return with one. also belonging to the same owner, worth twice the amount. The difference, being the returns for the expenses of the voyage, the profit in China on the original venture, and that in Boston on the return cargo, would be all gain. The same maj be the case witli the entire commerce of one country with another, as could be amply shown from the statistics of British trade with Asia, given in .Mr. Frelinghiiysen's letter on the "Commerce of the world." ( )l course, in some other special case it might be otherwise. Another very general error is to treat an excess of imports over ex- ports in our trade with a particular country as a difference which we pay in cash. This is rarely, if ever, the case. It is usually paid in ex- change on some other country, obtained by selling to it our own prod- ucts. Brazil affords a very fair illustration. We take from that Em- pire directly products many millions in value in excess of what we send directly to it. That excess is paid for by exchange on London, based on our exports of pro visions, cotton, etc.. and with that exchange the Brazilian pays for English manufactures to be sent to Rio. The in- direct trade may be different. The Englishman may sell his manufaci ures in Brazil, convert the proceeds directly, or indirectly by purchase of exchange, into coffee, with the proceeds of which in New York he purchases provisions to be sent to England. In either case the result 352 is the same. England gains some profit in exchange, as London is the world's money center, and in freights which her ships carry. But to the extent to which England is crippled in her sales to Brazil, her pur- chasing power in our provision markets may be diminished. Therefore, before making a reciprocity treaty, we should carefully consider, in each particular case, whether, even with the profits in ex- change and shipping in a direct trade, we may not be losing a more profitable commerce in a different direction, by diminishing the power of others of our regular customers to purchase products from us. "The establishment of regular and frequent lines of direct steam- ship communication between the ports of the United States and the ports of Central and South America " is unquestionably indispensable for the promotion of a direct trade between those ports. But to dis- cuss the modes of securing that communication would unduly lengthen this letter ; and besides to do so would be entirely superfluous, as every aspect of the subject has been fully presented in the statements of mer- chants and shippers, which accompany the reports of the commission to Central and South America. Whether encouragement to a direct trade be given by liberal mail contracts, direct subsidies, differential import and tonnage duties, bounties on ship-building, as in France, or even by a return to the navigation laws by which Cromwell transferred England's foreign carrying trade from Holland to herself, and which substantially constituted our own earlier legislation on the subject, two points seem to me clear. Equity would suggest that our citizens on the sea-board are as fully entitled to the expenditure of Government money over and above the receipts from postage, in encouraging foreign trade and intercourse, as our interior settlements are to similar expenditures to facilitate their correspondence with other parts of our own country. The benefits of the former expenditure would indirectly accrue to those settlements, as the latter does to our sea-board. In selecting fines for such expenditures, preference should be given to those which afford us the advantages of proximity and the existence of an already estab- lished commerce by sailing vessels or transient steamers. The histories of the American regular steam-ship line between New York and Vene- zuela, and that connecting the Isthmus of Panama and New York and San Francisco, are very instructive ; they have succeeded in building up direct American trade and almost excluding competition in it from foreign steamers, even from "tramps." ■ • The establishment of a uniform system of customs regulations m each of the independent American States to govern the importation and exportation of merchandise, a uniform method of determining the classification and valuation of such merchandise in the ports of each country, and a uniform system of invoices," These are of great importance and even in a customs union would have to be considered : but they will be the most difficult to effect until after public sentiment shall have been fully prepared, in Spanish- Ainerica and Brazil, for a customs union. Habits, customs, and regu- lations in such matters are so fixed by usages, probably of centuries, in the various countries of our hemisphere, including our own, that not only revenue officials, but even the merchants themselves, could with difficulty be brought to sec the advantages of entire uniformity. Both those classes habitually prefer even a cumbrous routine with which they are familiar to a new one which they will have to learn. Each country would advocate the uniformity which consists in having its own system adopted by all other countries. The more artificial the system might be, the more earnestly would those trained in it insist on its advantages, in the same impulse of human nature that made com- mon-law pleaders object to the beauty and simplicity of civil-law pro- cedure. Yet, as with the reform of our own laws, much may be done by skill- ful diplomacy, aided by our merchants, shippers, and their agents, both in our own country and in the rest of our hemisphere, towards a partial if not complete uniformity. Tariffs could be reformed by lead- ing the other Governments land possibly also our own) to see that the revenue will not be affected and frauds will probably be diminished by simplifying the classification of merchandise: as. for instance, placing under a few general heads the four or five hundred articles, often but slightly different from each other, specified in most, perhaps all, of the Spanish- American tariffs. Arbitrary fines could lie abolished, customs regulations be gradually improved, the classification and val- uation of merchandise, even under the existing systems, be simplified and made explicit, and especially the modes of redress for wrongs made more liberal, prompt, and inexpensive than they now generally are in Spanish- American countries. "The adoption of a uniform system of weights and measures and uniform laws to protect the persons and property, tin 1 patent rights, copyrights, and trade-marks of either country in the other." Several Spanish- American states have already enacted laws of the kind above described or embodied them in treaties with European powers. An industrious diplomacy would doubtless secure like advan- tages to the United States. The question of uniformity of weights and measures presents greater practical difficulties. The Latin-race Gov- ernments of America have shown a decided tendency to adopt the French metric system, and although, as the experience of France her- self suggests, the reception of a new system by a people is of very slow growth, yet that metric system, on account of its intrinsic merits and advantages, has such a hold upon those Governments and scientific men in those countries that probably such a uniformity could be ob- 563A— VOL 4 23 354 tained only by our adopting that system, at least in our commercial intercourse with them. There could be no reason for their exchang- ing their own popular weights and measures, of Spanish varus, leguas, libras, arrobas, etc., for our equally unscientific feet, yards, miles, pounds, bushels, etc. Perhaps a practical solution of the question, at least for a long time, in invoices and other commercial documents, could be found in fixing, by treaty or otherwise, the precise equiva- lents, in our weights and measures, of the old Spanish, as well as of those in the metric system. The uniformity would thus become, in practice, simply a matter of arithmetical computation, as is now the case in the construction of railways in Mexico, by converting miles into kilometros. CLAUSE SIXTH. " The adoption of a common silver coin, which shall be used by each Government in such an amount proportionate to the population of each as may be determined upon, the same to be legal-tender in the com- mercial transactions between the citizens of all the nations of the American hemisphere," presents much more formidable difficulties than any of the other propositions in your bill. To explain them, some account of the currencies of Spanish- America, succinct, but aiming to avoid obscurity, may be useful. Although some of the Spanish- American states have, theoretically, gold coin, yet, in fact, silver coin is alone in circulation, and, what is more important, is the sole measure of value. Practically they are as much under the silver, monometallic system as India or China. From some cause the silver coin known as the peso sencillo, or "simple dol- lar," to distinguish it from the old Spanish milled dollar, peso duro, or " hard dollar," is the basis of all then- coinages under the names of bolivar, boliviano., sol duro, &c. I conjecture that this " simple dol- lar," of the same weight and fineness as the French five-franc piece, arose from the preponderance in Spanish coins of the peseta, which was once so current in the United States under the name of ' ' pistareen." The Spanish milled dollar was legally divided into eighths, called reales: the peseta was, for the purpose of making small change, coined as of the intrinsic value of a reale and a half, and the convenience of a decimal system asserting itself, even under such unfavorable circum- stances, 5 pesetas, although only of the value of 7i reales, became the current measure of value, instead of the dollar of 8 reales. In Spain the peseta itself has been adopted, both in commerce and in Govern- ment accounts, as the unit of coinage, and I assume it to be of the weight and fineness of the French and Belgian franc, the Greek drachma, the Italian lira, and the Venezuela bolivar, as the Director of our Mint gives to each of them the value of 19, 3 „ cents. His valuations of the Spanish- American coins show that, except in Mexico, the peseta or franc is the actual unit of coinage. 355 Witb the extensive commerce of those states with France, Belgium, Spain, and Italy, and their intimate connection in habits and ideas with their European kindred of the Latin race, it may be expected thai they will adhere with great tenacity to the "common coin" they already have. It would seem thai we could do best by either adopting Hi: it common coin, for commercial transactions between us and them or by inventing a new silver coin of a fixed weight and fineness and representing a permanent value, not in an artificial ratio of value to gold, but in their own measure of value and as a commodity or as bullion. It so happens that our own coins of less denomination than a dollar correspond exactly, or very nearly so, in weight and fineness, with the Spanish-American silver coin, two of our half-dollars being equal in intrinsic value to the "simple dollar." There is no good reason whj they should not circulate in Spanish America as at par with like weights of parts of the " simple dollar." It has been said that they formerly did so, but that the act of » longress securing their converti- bility into our intrinsically much more valuable Bilver dollars (these also being of legal tender) caused them all to be scut home again. They are now rarely to be seen in any Spanish-American country. To agree upon an amount of the common silver coin proportioned to the population of eai h country also presents difficulties, as the amount of circulation needed by each country would not be at all in proportion to population, even if that could be accurately ascertained under the defective cen u system in Spanish America, and probablj not even in proportion to wealth and resources, which would probably have to lie only estimated. Such considerations doubtless influenced the Latin Union to refuse admission of Venezuela into it. even after sin- had a do], ted the same silvt r coinage and theoretically became also a bimetallic country. Hut. should such a limitation he desirable, some other hasis could he agreed on. Possibly a proportion to the total amount of each country's average imports and exports, in a certain series of years, would be safe and acceptable. The other mode above suggested would he to agree upon a new com- mon coin, with a specific name, say a florin, to I I the fineness of our own silver coin, and to weigh preciserj half an ounce, it would have the advantage both of being a coin and of representing an ascertained amount of silver, as merchandise or bullion. With either of these common coins as the measure of value the com- merce of the several countries could he carried on. the coinage of each country being legal tender, not for any other kind of money or com of any other metals or even for silver coins of other denominations, hut solely in fulfillment of contracts made specifically in the common coin, as our gold bonds are made payable only in gold coin. lint, of course, here we encounter tin immense difficulty that while the Spanish- American countries use si her alone, both for coinage and as a measure of value, we use both silvi r and gold and attempt to get 356 and keep a measure of value by fixing, through statutes, a ratio of value between the two metals. To discuss a mode of establishing such a ratio between our bimetallic coinage and the silver monometallism of Spanish America, would unavoidably lead into the mazes of the sil- ver question in our own country. I abstain from entering into them, except by expressing the opinion I have held ever since I examined the subject many years ago (but in winch I may be alone), that the whole attempt has been and will continue to be a conspicuous failure and should be abandoned. Contracts could be made in either gold or silver coins, of fixed weights and fineness, according to the intents of the contracting parties, and the ratio of value between the two metals— which even in our own time has varied so much that to keep up the semblance of it we first debased our gold coins and afterwards our sil- ver could be left t:> be determined by the immutable laws of even a slowly variable supply and demand, rather than to the dangerous ex- pedient of statutory or treaty regulations, changeable at the will of Gov- ernments which may be in necessity or influenced by false theories or even corrupt. For the convenience of the construction of contracts, a measure of value in either silver or gold could be established by law to define the unit of value in legal tender in contracts in which the metal or coin had not been specified. Under a system by which values were measured in greenback dollars, although at a discount below both gold and silver, and contracts in coin had to be exceptionally so stated, our commerce flourished. The difference in commercial or intrinsic value between the two currencies would be mere matter of computation ; the variances would be so gradual as to be scarcely perceptible, except in the laDse of an entire year, and the computations of them, to ascer- tain value in the one coin or in the other, would be no more difficult or injurious to commerce than like computations of rates of exchange. But, as our own people are so accustomed to fix rates of value be- tween gold and silver coins and to their being in certain fixed propor- tions legal tenders for each other— an expedient about as logical and sensible as a statute determining what weight of Indian corn shall be a legal tender for a bushel of wheat, both being in this country, and only one of them in Great Britain, current as food for man— a practical view of a common silver coin for the American hemisphere should take into consideration our existing bimetallism, with its disturbing adjunct of a statutory ratio of value which may not accord with that fixed by commerce in the metals themselves. With due diffidence, I suggest that our present half dollar, and the subdivisions of it, might be advantageously adopted as the common silver coin, as it is identical, in weight and fineness, with the measure of value and existing coinage of all Spanish America except Mexico. The privilege to convert them, under our statute, into silver dollars would have to be abolished, but their present limited legal tender qualities could be preserved. With like legal tender qualities, at par with like silver coins of Spanish-American countries, they would freely 357 circulate in those countries, as did Spanish and Mexican coins in our own country in the early part of this century. There would be little return of them, as the limited amount to which they would be legal tender here would be amply supplied by our own mints. The same limited legal-tender quality in our country could be extended without danger to the like coinage of South American countries joining in the agreement ; little of it would come to us to compete with our own. and we would reap the advantage that our own would be legal tender, as the proper measure of values, in all commercial transactions in those countries. Brazil, having now merely a depreciated paper currency, might be readily induced to introduce it into her mints; and a change in the coins of Mexioo could be as readily made as a like change was in Spain, her present dollar, where contracts call for it, being decreed to be the fair equivalent of 5i of the South American franc (one-fifth of the simple dollar). Under such an agreement for a common silver coin, the coinage of it could safely be left free, supply and demand regulating its commercial ratio of value to gold coin. The legal-tender qualities of those coins would be on no unequal or unfair basis. They would have in each country the legal tender extent given to like coins of that country — limited with us as our own, unlimited in Spanish America as their own. The adoption of a common coin, of the weight of half an ounce of silver, would encounter the difficulties that it would disturb commerce by giving a new measure of value, and the convenience of computing its value by weight might cause it to degenerate into being treated as mere bullion. Nevertheless, could it obtain extensive adoption in com- merce as a measure of value, that convenience would increase its utility. Transactions in it could be reduced to gold, or any other currency, by examining the quotations of the market value of silver in gold or in such other currency. The proposition to adopt a common silver coin of the value of our gold dollar, if coupled with the quality of being legal tender for the latter, seems to me impracticable and illusory, for the simple reason that, should the present value in silver of the gold dollar be adopted, any fluctuation in the comparative values of these metals would affect it. Should gold continue to rise in those comparative values, the sil- ver dollars of South American mints, being of less value than gold dollars, would have a tendency to flood our markets and increase the confusion into which we have already got, by using two measures of value and attempting to force a ratio between them. Should gold fall in comparative commercial value, there would be a strong temptation to exchange gold coins for the Spanish-American common coins, to pass into our circulation and unduly expand it or even be sold as bullion. If the common coin is to be the measure of value and legal tender only in transactions in such coins, and not as equivalent in any fixed ratio for other money or gold, the already established " simple dollar " pre- sents advantages over every other silver coin. 358 The existence of our bimetallic coinage and artificial ratio of value between gold and silver naturally suggests the question, how are val- ues of merchandise to be computed for the collection of duties where the invoices give amounts in "simple dollars?" The answer is read- ily found: the value of the new coinage, in our currency, can be annu- ally ascertained by the Director of the Mint and proclaimed by the Secretary of the Treasury, as is now done with the coins of all coun- tries of silver monometallism. The merchant importer or exporter, in ascertaining the cost to him in our currency of goods bought in Spanish America, or the value there, in the common silver coin, of his wares sent thither, need concern himself little about such valuations, as both his payments and receipts will be regulated, as -now, by rates of ex- change. But he will have a share in adjusting those rates, instead of having them determined for him in London. Should they exceed cost of transportation, interest, and insurance, he can ship American half dollars in legal-tender payment of his purchases in South America. In like manner the South American can send his " simple dollars" to the United States, with the advantage that, instead of being treated as mere bullion, as they would be in Europe, they will have a partial ad- vantage as legal tender, like our own subsidiary coin. The result might eventually be to transfer the exchange market of this hemisphere from London to New York. Of course, beyond the use of the common coin as legal-tender, it would, as any other silver coins, be valuable only as bullion, at the market price, in currency or gold. The suggestion of anew silver coin, to be legal tender when a con- tract calls for it and otherwise only to a limited extent, but without any fixed ratio of value to gold or even our standard silver dollar, is so novel that the foregoing suggestions are made with diffidence. I regret that I have not at hand information about the means by which Great Britain maintains a balance between her own gold monometal- lism and the silver monometallism of her vast possessions in India. But a study of those means may suggest modes of reconciling our double stand- ard with the single silver standard of Spanish- America. The attempt to do so should not be lightly abandoned; for, as President Arthur said in his last annual message to Congress, by the adoption of a common silver coin for this hemisphere^." the surplus productions of our mines and mints might be thus utilized, and a step taken towards the general remonetization of silver." In connection with the suggestion of introducing into our domestic circulation a coin based on a measure of value different from our own bimetallic, it may be well to note that even in gold, monometallic Eng- land a like plan has been considered. A special cablegram to the St. Louis Globe-Democrat from London on the 11th ultimo states: "At the dividend meeting of the managers of the Bank of England to- day the 1 question of bimetallism was discussed, and the coinage of a silver rupee and florin currency for circulation in both India and Eng- land was suggested." 359 CLArsF. SKVKNTH. "An agreement upon and recommendation for adoption to their re- spective Governments of a definite plan of arbitration of all questions, disputes, and differences that may now or hereafter exist between them." My personal observation and knowledge of the Spanish-American people through several years of sojourn with them induce me to be- lieve that most, perhaps all, of them will gladly make such an agree- ment, and the enlightened and able Emperor of Brazil would assuredly join in it. With the tendency of our age towards arbitration, even of private differences bet ween employers and employed, it may be extended between Governments, literally to "all questions." includingmany of those covered by the second section of your bill, especially those men- tioned in the fourth clause, which are the principal sources of disputes between our Government and those of the other American States. Thus this agreement, leading gradually to others, if not simultaneous with them, may become the corner-stone of the international edifice in which, in time, all the nations of this hemisphere will dwell together in the peace and harmony of a great American customs union. Should the congress result in even nothing more than such an agreement it will have fully rewarded our Government for having convoked it, and richly compensate us for the hospitality to be extended to its members. The impression exists in some quarters that, under such an agree- ment, our Government would have to assume the often thankless duty of being regular and perpetual arbitrator in all the quarrels of our some- what excitable sister American communities. The exact contrary is most probable; they might, from over-sensitiveness, systematically avoid giving the United States so conspicuous a mark of leadership. They woidd most probably select as arbitrator in their disputes some such standing international peacemaker as the late King of the Belgi- ans was in European differences, or some Government entirely uncon- nected with American interests, or the head of their religion, the Pope, or even, reverting to a former prevalent usage, some university of in- ternational reputation for erudition and integrity. I have, perhaps at too great length, given my views on all the sub- jects embraced in your bill; but I have done so in the hope to indicate that, even should the proposed congress result in agreements on but few of those subjects and by only some of the States which may send delegates to it. yet such results will amply demonstrate the wisdom of having invited it. And, even should it result in nothing definitive, the knowledge which each of the Governments represented in it will acquire of the views and policies of all the others and the personal in- tercourse between our own representatives and those of the other countries will lay the foundation of a cordiality between both which 360 will be advantageously felt in our future diplomatic and commercial intercourse with the other nations of this entire hemisphere. I have the honor to be, sir, very respectfully, your obedient servant, Thos. C. Reynolds. Hon. William P. Frye, United States Senate. REMARKS OF MR. CURTIS. [Address of William E. Curtis, late commissioner from the United States to Central and South America, before the Committee on Foreign Relations, United States Sen- ate, with reference to Senate bill 1610, "to promote the political progress and com- mercial prosperity of the American nations. " March 87, 1886.] South of the Rio Grande and the Gulf of Mexico, in what is known as Spanish America, are about 48,000.000 of people, engaged in a for- eign commerce amounting to over $800,000,000 a year. This com- merce is about equally divided between exports and imports. The ex- ports consist exclusively of raw products and always will, while the imports consist of manufactured merchandise. The Spanish-American people have no taste for mechanical industry and lack the water- power or the fuel to exercise it if they had. They will always be compelled to import all the luxuries and nearly all of the necessaries of life except food, and their wealth must come from the boundless re- sources with which a prodigal nature has stored the. continent. In 1884 our exports were valued at $733,768,764, mostly manufactured merchandise. Of this amount we exported but $64,719,000 to Spanish America. Our annual mechanical and agricultural products are val- ued at $15,000,000,000, but we seldom have sold more than $75,000,000 worth of this product to our nearest neighbors, who buy in Europe many times as much as they ever get here. We have more trade with either Belgium, Italy, The Netherlands, Spain, Switzerland, Russia, China, Japan, or Australia than we have with all of the Central American States combined. We have nearly as much trade with Greece as we have with Chili. We sell more sewing- machines in Switzerland than we sell in Chili, and Switzerland sells Chili more sewing-machines than she buys of us. England, France, and Germany have secured a monopoly of the trade of Spanish America by the establishment of quick, regular, and cheap transportation, and we have lost it by neglect. For example, Bolivia has a foreign trade of over $16,000,000 a year, yet' the name of that country does not appear in the tables of our Bureau of Statistics. The chief imports of Bolivia are cotton and woolen goods, agricultural implements, mining machinery, hardware, cutlery, clocks, watches, canned goods, and provisions, a list which could be filled in any commer- cial city of the United States as cheaply as in Europe, and yet the an- nual reports of the Treasury Department do not show a dollar's worth of commerce between the United States and that country. 3,uno, and the United States $3,000,000. Adding the imports of Brazil to those of Uruguay, Chili, and the Argentine Republic, it will be found that the aggregate value of man- ufactured products introduced into those four count ries annually reaches 366 the enormous sum of $250,000,000, of which England furnishes nearly one-half, France about $50,000,000, Germany about $35,000,000, and the United States about $17,000,000. "We have no adequate conception of the present magnitude of these markets,nor of their prospective value. The manufacturers of the United States can supply almost every article represented in that $250,000,000, with the exception of a few articles of luxury which we ourselves import. The consumption of cotton goods alone amounts annually to over $65,000,000, and 95 per cent, is supplied by the mills of Manchester. Cotton fabrics now and always will constitute the wearing apparel of three-fourths of the people, and they must be imported. England mo- nopolizes this trade, because her mills furnish an article especially adapted to the wants and tastes of the consumers, which our looms have never attempted to produce. The assertion that we can not com- pete with Manchester prices is absurd. The only reason we are under- sold is that we send an honest fabric to compete with a dishonest one; but as long as the English manufacturers send cargoes of pipe-clay and starch to the tropical countries our exporters must furnish the same article or be undersold. There is a grim humor in the fact that the popularity of our cotton goods is so great that nearly every bale of this bogus fabric shipped from Manchester to the South American nations bears the coat-of-arms of the United States, and is marked "Best American drillings, Mass, U. S. A." There is not a commercial city in Spanish America where the manu- facturers of the United States can not compete with their European rivals in every article we produce for export. The report of the South American Commission shows, by the testimony of the importing mer- chants of those countries, that aside from the difference in the cost and convenience of transportation it is to their advantage to buy in the United States, because the quality of our products is superior, and our prices are usually as low as those of Europe. But as long as the freight from Liverpool, Hamburg, and Bordeaux is $15 a ton, they can not be induced to pay $40 a ton to bring merchan- dise from the United States. The control of the transportation facilities being in the hands of Eu- ropean merchants, assisted by liberal subsidies from Governments that encourage them in seeking trade, there is a natural and effective dis- crimination against freights from this country, and is usually cheaper to ship goods from New York via Hamburg to the South American countries than to send them direct. The bill which Mr. Frye has introduced contemplates an assemblage of delegates from these Spanish- American nations at Washington for the purpose of considering measures to bring them into closer political and commercial relations with the United States. Under instructions from the late Secretary of State, Mr. Frelinghuy- sen, the South American Commission submitted to each of the Govern- ments it visited a series of propositions covering the suggestions con- 367 tained in this bill, and, with the exception of Chili, each of the Govern- ments visited promptly and cordially accepted the propositions made. The Commission was not instructed to conclude conventions of any character, but was directed to initiate a movement this bill is designed to promote. The Government of Chili declined to enter into any com- pact whatever with the United States, by treaty or otherwise. The propositions were submitted to the President of that Republic in the presence of his entire cabinet and discussed at length, 1 >vi t the only one that Government was inclined to accept was that relating to the estab- lishment of a common silver coin. This suggestion they very cordially approved, and its importance was enlarged upon by the President of Chili and his minister of finance. The proposition to hold a congress of American nations was not de- clined by Chili, but taken under advisement, the Government reserv- ing the right to accept or decline an invitation to such a congress when the United States was prepared to submit a plan in detail, defining its scope, the subjects to be considered, and the extent of the powers in- trusted to the delegates. Even if the contemplated congress should fail to reach any conclu- sions upon the subjects proposed for it by Congress, a visit by the lead- ing men of the Spanish- American nations of the United States will be productive of great good. The report of the South American Commission upon this subject says : '■ The attainment of closer international and commercial relations between our country and these Republics is easily accomplished. Our reports have frequently called attention to the feeling of admiration with which the progress, wealth, and power of our land are regarded by the other countries of the Western Hemisphere. They one and all find in our history a model for their own institutions, and our moral support and approbation are prized above those of any and all other nations. Hence our advance toward a more perfect understanding and greater confidence will meet with a quick and true response. There will be no prejudices to overcome.no antipathies to remove, few differ- ences of constitutional life to adjust. The result of our observations leads us to believe that these Republics have felt that our country here- tofore has given them too little thought : that in its greatness and intro- spection it has failed to take a warm interest in the trials and struggles of peoples who are striving to realize for their own countries something of the peace and prosperity that belong to what they always term " La Grande Republica." Unless we have been completely misled bj the expressions and protestations of the ruling powers of each and every one of the Governments we have visited, the only estrangement possi- ble between them and us will flow from our own indifference and neg- lect. Indeed, we have already lost much that naturally belongs to us from this cause. Every President and cabinet officer, every leading and thoughtful citizen we met, joined in the sentiment of gratified sur- prise that our country had taken the initiative by this embassy in bring- 368 ing about more cordial and hearty communication between the various Republics and our own. In our effort to reach more intimate relations we have, then, this basis of kindness and desire upon the part of those we seek to reach as a foundation for our action. We shall plant seed in a genial soil, beneath a propitious sky. "To the foregoing considerations we may add the beneficial influence of the proposed convention of representatives of the States of the West- ern Hemisphere. Our several reports show with what warmth the sug- gestion has been welcomed by nearly every country we visited. It is cordially indorsed by all save Chili, which only gave a qualified assent. "The general opinions of the Governments visited point to the pro- priety of this country's issuing the call for the convention, fixing time, place, membership, and also suggesting in the invitation a list of topics for discussion, at the same time conceding to every State represented the right to bring forward Such other subjects affecting the welfare of all as it may deem best. " Not only should the call and programme emanate from our Gov- ernment, but the assembly should convene in the United States under its hospitable welcome and direction. The details we do not enter upon, though we may be permitted the quite obvious reflection that the range of topics should be so varied that in some one or more of them each State should feel a particular interest, and the general scope of all tend to the prosperity and common good of all. We can well believe that the discussion of these topics which pertain to the common weal would be followed in each State with profound interest, the conclusions reached, especially if found with much unanimity, of great practical good, and the general result of a joint deliberation of the several people on questions of moment to each would inevitably weave into firmer fabric the warp and woof of the threads of friendship and interest and communication reaching from one to all the rest. Neither need we point out the value to our country in many ways of filling the position of a generous host, welcoming to our homes and estates guests whose good opinion we desire to win by sincere courtesy and a just revelation of our noble national character. To this end the representatives should enjoy extended opportunities to become familiar with the marvelous economies, politics, industry, education, and religion out of which our greatness has sprung. No limited or contracted parsimony should bound our efforts to exhibit in fair colors the magnitude and glory of that temple of freedom in which we worship. Every section of our land would reveal to their eyes, in language stronger than words, the wealth, progress, and happiness that attend a people whose institutions are founded on equality, where the poorest and weakest citizen has his wrongs redressed and his rights protected equally with the strongest and most wealthy. From such a survey they would carry home deeper respect for a country whose religion, unaided by the civil power, builds shrines in every neighborhood where the humblest may kneel and adore according to his conscience, where education rains down on every rank 369 of life manifold blessings, and where obedience to the expressed will of the majority is deemed a sacred duty. " In such a convention could be discussed, as was suggested by some of the States consulted, the plan of agreeing upon a common silver coin which should be current among all the States of the American conti- nent at its face value. This proposition has been favorably entertained by all the Governments advised with as one which would add value In the silver product and prove a potent factor in promoting commerce between the countries adhering to it. • ' The States of Cen; ral and South America stand ready to respond heartily to our call fur such a convention, and once held it would prove doubtless the forerunner of many more, whose influence would be puis- sant in promoting more intimate relations both international and com- mercial." The reports of the Commission show that the suggestions for a com- mon currency was favorably received by all the Governments visited, including Chili. All the Spanish-American countries are now under a system of silver monometallism. There is no gold to be seen; silver is not only the current coin, but the legal tender everywhere. These countries have paper money, but its value is regulated by the silver com that prevails in each; they do not even coin their own production of gold. The report of the Director of the Mint for 1884 shows that the entire product of gold in Spanish-America for the three years previous was $25,000,000, of which only $1,500,000 was corned. From the same report it is shown that for the three years the product of silver in Central and South America, including Mexico, was $143,- 000,000. of which $84,000,000 was coined, and of this total Mexico pro- duced nver $86,000,000 and coined $73,000,000. Deducting from (lie total the product and coinage of Mexico, we find that the total product nt silver in Central and South America for three years was only $57,- 000,000, or about $19,000,000 a year, while the total coinage for three years was only $11,000,000, or less Hum $4,000,000 a year. Bolivia is the next largest producer of silver. Deducting the product and coinage of Bolivia for three years, we find that the remaining na- tions of Central and South America produced only $19,000,000 in silver during the three years, and coined only six millions of this product, or about $2,000,000 a year. The balance of the product is shipped to Enrope in ore. Chili, Colombia, Bolivia, Peru, and Venezuela are the only nations producing silver to any amount. From the report of the Director of the Mint it is shown that the total circulation of paper money, gold coin, and silver coin hi Spanish America, and including Mexico, is $340,000,000, of which $243,000,000 is paper money, and Brazil issues about three-fifths of the latter amount. For the details of the financial situation in the Spanish- American countries I would refer to the report of Mr. Reynolds, of the 563A— VOL 4 34 370 South American Commission, who has given special attention to that subject. The balance of trade against the United States with these countries of Central and South America amounts annually to nearly $100,000,000. This balance is paid in bills of exchange on London, the proceeds of which are expended there in the purchase of merchandise which our markets could supply at as low figures and in as good quality as that of Europe. It was remarked nearly everywhere that English merchants of whom the South American importers were buying their goods might not accept such a coin in payment, and the reply invariably was that in such an event they would come to the United States to buy their goods. All commercial transactions in these countries now are cal- culated in pounds, shillings, and pence, the local currency never enter- ing into foreign commercial transactions. In every one of these nations, with the exception of Chili, the propo- sition for a reciprocity treaty was also heartily received. We admit free of duty into our ports the products of a people who have prohibited ours from entering theirs. Duties that are almost prohibitory are placed upon flour, petroleum, provisions, lumber, and other articles imported from the United States, so that they are placed beyond the reach of the masses of the Spanish- American people. Human transactions are usu- ally based upon reciprocity, but have never entered into our commerce with Spanish America. Our Government might have received concessions for the admission of our peculiar products free, or at a reduced rate of duty, had we been enterprising enough to enter negotiations in that direction. Almost every where the South American Commission found a willingness on the part of the Governments it visited to enter into commercial treaties whereby our peculiar products might be relieved from the ahnost pro- hibitory taxation, without any further concessions upon our part beyond giving the pledge not to impose duties where they do not now exist. As an illustration: The little Government of Costa Rica proposed to re- move the duty from cattle, salt, preserved meats, mineral, coal, raw cotton, timber for building purposes, brick, tile, lime, and agricultural and mining machinery, which they buy in the United States, provided the articles they produce, such as sugar, coffee, cocoa, and other articles which they send us are placed upon our free list. The sugar exported from Costa Rica last year was valued at only $278, so that there need be no fear of injuring our sugar interest by making the concessions they desire. The only articles which we now import from South America under a duty are sugar and wool, and almost the only wool we import is the coarse variety used in the manufacture of carpets, which is not produced in the United States. All our carpet wools come from Chili, Uruguay, and the Argentine Republic; most of our sugar comes from Cuba. The production of su- gar in all the South American countries would not be sufficient to sup- ply one-fourth of the demand in the United States, if we should take all 371 that is raised there. As a matter of fact none comes now. The South American Republics can not compete with the slave labor of Cuba, and never will ; but if their product were admitted free of duty they would give us in exchange valuable concessions that would enable our farmers and manufacturers to find a market for their surplus. With the exception of petroleum, nearly all of our exports to Central and South America come from the Southern States and the Northwest. and consist of breadstuffs, provisions, lumber, furniture, etc. Flour is so expensive that none but the rich can use it, the price often being as high as $25 a barrel, two-thirds of this cost representing the import duty. If the duty upon Hour were removed in all the South American countries the exports from the United States would be very largely increased, and the removal of that duty could be obtained by an ex- change in favor of sugar, while the almost prohibitory duty uponlum- ber, provisions, and other goods would be given in exchange for the removal of the duty on carpet wools. Petroleum is a very important item in the commerce of South America. Gas is scarce and high, owing to the lack of fuel, and almost the entire population burn can- dles. Petroleum put on board a ship at 15 cents a gallon in New York is peddled out in the South American cities in pint bottles at 25 cents each, or 40 cents for a quart bottle, the light of a single lamp for an evening costing at least a quarter of a dollar, which of course, prohibits its use I iv the common people. Three-fourths of this price represents the duty, as it is the practice of the South American Governments to tax the necessaries of life and admit the luxuries free. As an illustration: A certain Government which charges a duty of 400 per cent, ad valorem on our kerosene oil admits watches, jewelry, and diamonds at a duty of 90 cents a pound. Still more important is some arrangement with the South American nations for a uniform system of customs regulations. Their present system was inherited from the old Spanish tyrants, and an importer is lined for failing to cross a t or dot an i ; for a misspelled word, or an erasure of an) - kind in his invoice. The customs officials receive compensation from the fines and penal- ties which they impose, and are therefore constantly tempted to injus- tice. This is a greater embarrassment to merchants of the United States than to those of other nations, because the English, the German, and the French have agencies and branch houses in nearly every one of the South American ports. These agents are constantly associating with the customs officials, keep them good natured by means of their own. and are able in ease an error is detected to settle it without any considerable loss, while a manufacturer or merchant of the United States who is a stranger to the customs officials and who has no friends to watch his interests in the ports to which his goods go. is constantly subjected to the most harassing and disastrous fines and penalties. I could relate hundreds of instances that came to my attention, in which the customs officials of South American ports were induced by English 372 agents to drive American merchants out of trade by imposing upon them fines and penalties for the most trivial mistakes in their invoices, and other reasons. For example: The captain of a ship who entered a South American harbor with a cargo of goods, for the first time, was fined $350 for neglecting to salute the captain of the port when he came on board his vessel. It was afterwards discovered that this was done at the instance of the captain of an English tramp steamer, who had been running between that port and New York, and had failed to get the cargo which the American skipper carried. The merchants of New York, as is shown in the reports of the South American Commission, find that there is no profit in a trade where they are compelled to submit to such whims of officials and the jeal- ousies of rival merchants. By a proper system of treaty the United States could induce the South American nations to adopt a uniform system of rules regulating the appraisement and classification of goods which would obviate all the difficulties described. There have been two attempts to hold an international congress of American nations. In 1825, during the administration of John Quincy Adams, General Bolivar, who was then President of the United States of Colombia, invited the several American nations to join in a congress to be held at Panama in June, 1826. President Adams accepted the invitation, and nominated Richard C. Anderson and John Sargent as delegates on the part of the United States, and William B. Rochester as secretary to the mission. The message containing the nominations was referred to the Committee of Foreign Relations of the Senate, by whom a report was made on the 16th of June, 1826, condemning the mission, and concluding with a resolution declaring it inexpedient for the United States to join the proposed congress. The report was rejected by the Senate, and on the 14th of March, 1826, the recommendations of the President were adopted by a vote of 24 to 19. On the 21st of April the House of Representatives, by a vote of 133 to 61, passed a bill making appropriations for the mission. Orders were transmitted to Mr. Anderson, who was then minister to Colombia, to attend the congress, but, on his way to Panama, he died of a malignant fever. His colleague, Mr. Sargent, found it impossible to attend the congress, and thus the United States was not represented. The congress was held, however, on June 22, 1826, and continued in session until July, concluding a treaty of friendship with all the Amer- ican powers who had been invited to join. The congress adjourned to meet in February, 1827, at Tacubaya, a suburb of the City of Mexico. Mr. Poinsett, United States minister to Mexico, was appointed commissioner to this congress in place of Mr. Anderson (deceased), and Mr. Sargent, his colleague, went to Mexico, but the congress did not assemble, owing to disturbing revolutions in nearly all the countries invited to join. In 1881, as will be remembered, Mr. Blame sent invitations to the 373 Spanish nations to meet the United States in a similar congress, and they were generally accepted, but, subsequent to the retirement of Mr. Blaine from the i labinet, the enterprise was abandoned, to l>c renewed by Mr. Frelinghuysen, his successor in office, through the South Amer- ican Commission, as has been related. THE ACTION OF THE SENATE. Senator Whitthorne, of Tennessee, asked that the above bill be taken up for consideration on the next legislative day, ami cm the L2th of June he spoke at length in support of the measure. On the 17th of June, 1886, the bill was passed by the Senate, upon the motion of Mr. Frye, and, reaching the House of Representatives on the L9th instant, was referred to the Committee on Foreign Affairs, but no action was taken t Hereon. At the beginning of the first session of the Fiftieth ( !on- gress Mr. Sherman re-introduced Mr. Helper's bill for the intercontinental railway commission. Mr. Reagan re- introduced his bill to provide for a conference of Ameri- can nations with reference to a common silver coin, and Mr. Frye introduced the bill, which had passed the Senate at the previous session, authorizing the President to in- vite the other American nations to participate in a confer- ence at Washington. On the 15th of February, 1888, Mr. Frye's bill was reported favorably from the Committee on Foreign Relations. THE CUSTOMS UNION PROPOSITION REVIVED. Mr. Townshend, on the 4th of January, 1888, introduced the following bill: A BILL to promote the establishment of free commercial intercourse among the nations of America and the Dominion of Canada by the creatiou of an American customs union or zollvereiu. Whereas the establishment of free commercial intercourse among the nations of America and the Dominion of Canada will promote the friendly political relations, internal commerce, and industries, and se- cure a mere extended market for the surplus products of each of said countries: Therefore, Beit enaetet Ihi/ the Senate and Houseof Representatives of the United States <>f America in Congress assembled, That the President of the United States be, and he is hereby, authorized and requested to invite 374 the co-operation of the Republics of Mexico, Central and South America, the Empire of Brazil, and the Dominion of Canada in securing the es- tablishment of a commercial union by and between the said countries, to be known as the Customs Union of America, the arrangement of a common basis of import duties from other countries than those which may compose said union, and that the commercial intercourse among the people of all the countries included in said union may be unre- stricted and free from the payment of any customs or other dues whatso- ever ; and that a common system of silver coinage, weights, and meas- ures may be also established for the purpose of facilitating such inter- course. Sec. 2. That in order to accomplish said purposes the President be, and he is hereby, authorized and requested to invite delegates from each of said counties, to assemble in Washington, District of Columbia, on the second Monday of March, eighteen hundred and eighty-nine, to meet delegates on the behalf of the United States ; that each of said countries shall be entitled to send as many delegates as it for itself shall determine, but in deciding questions in the Congress no delegation shall have more than one vote. Sec. 3. That in forwarding the invitations to the constituted author- ities of the said several countries, the President of the United States shall set forth that the Congress is called to consider: First, measures to secure the establishment of an American Customs Union so as to pro- vide for absolute reciprocity of trade between all the countries embraced in the said union free from all customs or other duties; second, to en- courage the establishment of regular and frequent lines of direct steam- ship communication between the ports of the United States and the ports of all said countries by modification of navigation and maritime laws and other effectual legislation; third, the establishment of a com- mon basis of import duties and a uniform system of custom regulations in each of said countries to govern the importation and exportation of merchandise from other countries than those included in said union ; fourth, the adoption of a uniform system of weights and measures, and uniform laws to protect the person and property and the patent right, copyright, and trade marks of either country in the other ; fifth, the adoption of a common silver coin which shall be issued by each Gov- ernment in such an amount proportionate to the population of each as may be determined upon, the same to be legal tender in all commercial transactions between the citizens of all of the countries included in said union; sixth, an agreement upon and recommendation for. adoption to their respective Governments of a definite plan of arbitration of all questions, disputes, and differences that may now or hereafter exist between them. Sec. 4. That the President of the United States shall appoint one person from each State to said Congress as delegate on behalf of the United States to same, without compensation other than their expenses, to be selected equally from the political parties. 375 Sec. 5. That the sum of one hundred thousand dollars, now in the Treasury of the United States and not otherwise disposed of, be, and the same is hereby, appropriated, or so much thereof as may be neces- sary, and placed to the credit of the Secretary of State to defray, i' 1 '•> manner becoming the dignity of the United States, the expenses inci- dental to the holding of said Congress. Mr. McKinley re-introduced liis liill to authorize a Con- ference to determine a plan of arl titration between Amer- ican nations, and Mr. Yardley proposed a similar measure On the 4th of January, 1888, Mr. McOeary, of Kentucky, re-introdneed his hill authorizing the President to arrange for an International American Conference, and on the 9th of February reported the same favorably from the Com- mittee on Foreign Relations. THE BILL AUTHORIZING THE CONFERENCE BECOMES A LAW. On the 29th of February, 1888, Mr. McCreary's bill as reported from the Committee on Foreign Affairs was passed, and when it reached the Senate was referred to the Committee on Foreign Relations. On the 21st of March, Mr. Frye reported it back to the Senate with his bill as a substitute, which was passed on the 22d of March, and a, committee on conference, consisting of Messrs. Five, Dolph, and Brown, was appointed on the 28th. Messrs. McCreary, Russell, and Morrow were appointed as confer- raes on the part of the House. The conference report was submitted and adopted by the House on the 4th of April, lsss, but it was rejected by the Senate on the 25th of April, 1888. On the 27th of April a new conference was ordered, and an agreement having been reached, the bill was finally passed by both Houses on the 10th of May, 1888, and on the 28th of May following it was announced that it had become a law without the President's approval. 20 1843