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Donné à Gênes, le 12 Mai, 1814.

V. EMMANUEL.

FEDERATIVE ACT of the United Provinces of New Granada.-Santa Fé de Bogotà, 27th November, 1811.

(Translation.)

In the Name of the Most Holy Trinity, Father, Son, and Holy Ghost. Amen. WE, the Representatives of the undermentioned Provinces of New Granada, being assembled in virtue of the Full Powers with which we are invested by our respective Provinces, (the said Powers having been previously and reciprocally examined and duly recognised,) considering the long series of Events which have occurred in the Peninsula of Spain, our Mother Country, since its occupation by the Armies of the French Emperor Napoleon Bonaparte; the new and various forms of Government which during that time have rapidly succeeded each other, without any one of them having been able to effect the salvation of the Country; the destruction of the daily decreasing resources of the Nation, so that human foresight forbids the hope of a successful issue; and lastly, the indisputable right inherent in the large Population of these Provinces, as in every other People of the Universe, to secure their political existence, and to establish for themselves the form of Government best adapted to that end;-in accordance with the spirit, instructions, and the express and definite will of all our said Provinces, which have collectively, formally and solemnly declared their wish to become united in one Federative Union, which, entrusting to the entirety of the General Government the Powers proper and peculiar to the Nation, considered as one and indivisible, reserves for each of the Provinces its liberty, sovereignty, and independence, in all matters which do not concern the common weal, securing and guaranteeing to each of them these valuable prerogatives, as well as the integrity and inviolability of its Territories; we, concluding with this religious duty, and reserving for a more favourable opportunity, or for more tranquil times, the Constitution which shall definitively ascertain and secure the interests of this great People, have agreed upon, and do hereby agree upon, the following Federative Compacts:

ART. I. This Confederation shall be styled, The United Provinces of New Granada.

II. Into this Confederation are, from this time, admitted and considered as forming part thereof, all the Provinces which at the date of the Revolution of the Capital of Santa Fé, namely, on the 20th July, 1810, were regarded and reputed as such, and which, in the continuance and exercise of this right, assumed to themselves, from that epocha, their government and internal administration. This their admission shall, notwithstanding, in no way affect any Treaties or Conventions which the said Provinces have already made or entered into, or may hereafter be desirous of making or entering into; provided that such Treaties or Conventions are in no way prejudicial to the interests of the Union.

III. Equally admissible into the Confederation are those Provinces or Populations which, although they belonged not, at the above period, to New Granada, yet being connected with it in a certain. degree by their geographical position, by commercial relations or other similar causes, are now desirous of becoming associated with this Confederation, or with one of its adjoining Provinces. Such Union must, however, be preceded by the necessary Compacts and Negotiations with the States or Bodies Politic to which the Provinces so desiring association belonged, without whose consent and approbation no step of this kind can be taken.

IV. The Holy Catholic Apostolic Roman Religion shall be preserved in all its purity and integrity, in all and every one of the United Provinces of New Granada.

V. All and each one of the Provinces now united, or which shall in future become united, of New Granada, or of other neighbouring States, shall expressly disavow and repudiate the authority of the Executive Power or Regency of Spain, the Cortes of Cadiz, Courts of Justice, and whatsoever other Authority, deputed or substituted by the present Authorities or by the People of the Peninsula, in Spain, in its adjacent Isles, or in any other part, without the free and spontaneous concurrence and consent of this Union. In none of the said Provinces, therefore, shall any obedience be paid, or effect given, to the Orders, Mandates, Decrees or Warrants, emanating from the abovementioned Authorities, or from any other appointed in the Peninsula, of whatever nature it may be, whether civil, ecclesiastical or military; since the said Provinces recognise as lawful, and undertake to obey, each in its District, those only whom their respective Inhabitants have invested with the Powers peculiar to each; and beyond the said District, the Confederation of the United Provinces, in all matters delegated to them by this Act, and which properly belong to the preservation and furtherance of the objects of the Union. This Resolution, however, must in no way be considered as loosening in any degree the bonds of fraternity and friendship, or the commercial relations which unite us with those parts of Spain which are unoccu

pied by the Foreigner, provided that the Spanish Nation eschew all superiority over us, and entertain the same sentiments towards us that we entertain towards it.

VI. The United Provinces of New Granada reciprocally recognise each other as equal, independent and sovereign; guaranteeing to each other the integrity of their Territories, their internal Administration, and a Republican form of Government. They also reciprocally promise to each other the firmest friendship and alliance, swear to preserve an inviolable fidelity, and bind themselves by a Compact as durable as the imperfect condition of humanity will allow.

VII. The Provinces therefore reserve to themselves, by virtue of their indefeasible rights:-1. The power of forming a Government most suitable to their circumstances, although it must in every case be popular, representative, and similar to the General Government of the Union, in order that there may hence result among all a more perfect harmony, and an increased facility of administration, by a just distribution of their Powers, and by laying down the Rules by which their measures are to be regulated. 2. The Police, the interior or home administration of its Inhabitants, and appointment of every class of public Officers. 3. The formation of its Civil and Criminal Codes. 4. The establishment of Upper and Lower Courts of Justice, in which may be determined all questions of Law, of whatsoever degree or instance. 5. The creation and regulating of the Provincial Militias, the arming and disciplining them for its (the Province's) own defence, as well as for that of the whole Confederation, in case of need. 6. The formation of a private Treasury for their respective necessities, by means of such Taxes and Duties as may be considered most convenient, without prejudice to the Union or to the rights hereafter mentioned. 7. The protection and encouragement of agriculture, the arts, sciences, commerce, and whatsoever else can conduce to their happiness and prosperity. 8. Lastly. Whatsoever is not considered as connected with the common interest, or is not delegated to the General Government by the following Federative Compacts, is understood as being reserved and peculiar to the respective Provinces.

But all those powers, resources and important relations of a State which cannot be exercised, employed or maintained without a general Representative System, without a concentration of the wealth belonging to each Province, and without the co-operation and efforts of them all, must be ceded in favour of the Union or General Government.

VIII. For the better securing the enjoyment of such inestimable rights, consolidating this Union, and providing for the common defence, the United Provinces engage to afford each other mutually all the assistance necessary to repel every attack, whether from external or internal foes, which may be made in order to deprive them of the said privileges; contributing for this purpose arms, money

and Men, and every other means in their power; without laying down their arms, or desisting from their efforts, until the danger has ceased and liberty be secured, whether it be that of the particular Province so threatened or invaded, or that of the entire Union.

IX. They likewise reciprocally engage, that they will all concur in the general welfare, sacrificing their individual interests whenever the preservation of them would clash with those of the Union, preferring the latter, under every circumstance, to their own, and regarding the great People of New Granada, throughout all its Provinces, as Friends, Allies, Brothers and Fellow Citizens.

X. As, however, it would be impossible to effect all these desirable objects without a Body who should be entrusted with these great and important Powers, and be at the same time the Conservator of the rights of the Nation, and the Director of its means and resources; the Deputies representing the Provinces, in virtue of their Full Powers already mentioned, will constitute themselves into a Body or Congress, in whom shall reside all the aforesaid Powers, as well as those which shall be hereafter enumerated; the said Body or Congress being composed for the present of 1 or 2 Individuals for each one of the Provinces, the most perfect equality being preserved; and at a subsequent period, of such a number of Representatives as shall bear a certain proportion to the Population of each Province, according to the basis or principle which shall then be laid down: provided, however, that in no case shall any Province, however small, be left without having one voice in the Congress.

XI. The Congress of the United Provinces shall be installed or formed wherever it shall be judged most convenient,; transferring its seat successively, should it become necessary, wheresoever the interests of the Union, and more especially the common defence, shall require; and in whatsoever part or place it has its Session, there it shall exercise freely and securely, and in full sovereignty and independence, all the high Powers with which it is invested.

XII. The cominon defence is one of the first and principal objects of this Union; and since this cannot be maintained without the help of arms, the Congress shall have the power of raising and forming the Armies it may judge necessary, as well as such Naval Forces as circumstances shall permit; all the Ships of War and Sea and Land Forces possessed by each of the Provinces being placed at its disposal, to be directed to whatever point, or employed upon whatever service, the Congress may deem fit: provided always, that whenever they are so employed under the orders of Congress, the Troops shall be paid, and all other expenses defrayed, out of the Common Treasury.

XIII. The placing the Frontiers and Fortresses in a fit state of defence will depend solely upon the General Government, to whose

direction such matters are properly entrusted; but under present circumstances, in which dangers are pressing, and in which it would be difficult to meet them successfully without some immediate Authority to regulate and direct the necessary movements and operations, such Authority shall be for the present delegated to the respective Governments; with the express understanding, however, that the said Governments shall, in cases where the necessity is not urgent, render an account to, and await the orders of, Congress, and in all other cases make their Reports within a reasonable time.

XIV. The above provisions respecting the Land Forces must be understood as applying to those of the Sea, as well as to all warlike Establishments, whose direction, organization, and appointment of Officers of every rank, as well as the construction of Arsenals and fortified Harbours, and the building and arming of Ships of War, belong exclusively to the authority of Congress: they shall, however, remain for the present under the immediate inspection of the respective Governments, subject to the restrictions and limitations already mentioned.

XV. The Congress shall have the power of assigning to each of the Provinces the number of Militia which it ought to contribute towards the common defence; and this quota shall be regulated by the circumstances in which the said Province is placed, with respect to the Enemy, its resources of this description, and the number of its Population. The Province shall cause them to march, fully clothed, armed and equipped, within the time prescribed, and to the place appointed; but the expenses incurred from the time of their entering the service of the Union shall be paid out of the Common Treasury, precisely as is directed with respect to the Regular Troops. The Officers of both these descriptions of Troops, up to the rank of Colonel inclusive, shall be appointed by the Provinces; but from that rank upwards their appointment shall rest with the Congress, more especially that of the Commanders or Generals in Chief of any Expedition.

XVI. The Provinces shall provide themselves as quickly as possible with the necessary arms,-muskets, sabres, &c., to the use of which their Population is accustomed, or in which they are in future to be duly trained and exercised, and more especially with cannon, battering trains, and field guns, and the requisite ammunition, all of which shall be kept ready for service in magazines and

store-houses.

XVII. For the same purpose, no time shall be lost in disciplining the said Troops, in forming them into Corps and Companies according to the extent of the Population, and in exercising them once or twice in every week, (principally on holydays, after attending Mass at their respective Parishes,) an occupation which, independently of its utility for the Country, and for the Men themselves, in withdrawing [1812-14.]

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