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Internal Commerce is made in favour of useful discoveries, the printing or re-printing of original works of genius or of new translations, and the large establishments of machinery and manufactures unknown in this Country; in favour of which the Congress shall give when it thinks fit, with the necessary limitations and restrictions, and for a limited time, exclusive privileges for the encouragement and advantage of their Authors or Introducers: with which privileges the Provinces cannot interfere.

XXXVII. No change is at present made in the Commerce established and allowed with Friendly and Neutral Nations, who shall continue to keep up the relations of this description which they now maintain with us, nor shall they experience the least annoyance or molestation, whilst they continue in the same amicable and friendly disposition. But the moment that they break out into hostilities, or cause them to be declared against us in any way whatsoever, by assisting our Enemies, invading our Coasts, seizing our Vessels and cargoes, or molesting our Merchants and Travellers, Members of this Union, in their persons and property, on account of the Cause which is now embraced by almost all the ancient Kingdoms of New Granada, or under any other pretext, the Congress shall resent with all the power and by every means which it possesses, the wrongs and injustice which have been committed; it shall allow just reprisals, give Letters of marque, and obtain ample reparation for such acts of violence. No Province, however, shall separately and of itself have the right of acting in this manner, either in arming Privateers, giving Letters of marque, making reprisals, or entering into hostilities, even in the case of real grievance, until after a formal Declaration of War has been made by the Congess; unless, in the event of sudden invasion or other imminent danger, when it might not be practicable or prudent to consult the Congress, in order to await its determination.

XXXVIII. The Legal Decisions upon the Prizes which in consequence of the above and similar circumstances may be made, either at sea or on land by our Vessels of War, the regulations concerning them or their execution, the punishment of crimes and piracies committed on the high Seas, and the Courts of Justice which are to take cognizance thereof, as well as of whatever appertains to the Maritime Jurisdiction, belong also to the Congress.

XXXIX. In pursuance of the system of peace and amity which we intend to observe with all Nations who respect our rights and do not meditate hostilities, we shall give an asylum in our Ports and inland Provinces to all Foreigners who may be desirous of residing peaceably amongst us, and of subjecting themselves to the Laws of this Union, as well as to those peculiar to the Province in which they may reside; the more especially if, in addition to the praiseworthy intentions with which they come amongst us, they bring with them and carry on in our Country any kind of trade useful to the land of their adoption, and

by which they can gain their livelihood. For which purpose they shall have a deed of naturalization, or permission from the Congress, before which Body they must, more particularly in times when it would be dangerous to permit an unrestricted immigration, establish the truth of the circumstances which have induced them to seek our shores.

XL. The Congress has the exclusive management and direction of the Foreign relations, whether it be with Foreign Nations, or with the other Governments and States of America which are not incorporated in this Union; and no Province can separately and of itself enter into, with any one of them, Treaties of Amity, Union, Alliance, Commerce, Boundaries, &c., nor declare War, or make Peace, nor consequently receive or send Agents as Bearers of Negotiations, Consuls, Commissioners or Public Negotiators of any kind; and in case of Negotiations or Missions being proposed to them, it is their duty to forward intelligence thereof immediately to the General Congress, dispatching at the same time to that Body all the official communications which they have received touching the matter.

XLI. Among the external relations to be maintained by Congress is one, the importance of which cannot be too strongly impressed upon the Provinces,-that with the Apostolic See, by means of which the spiritual necessities of the Faithful in these remote parts may be supplied this sacred object will be best accomplished by promoting the creation of Bishoprics and other religious establishments, of which there is so great a need, and which have been so much neglected under the old Government, and by the obtaining of Rescripts and Concordats, a duty which, conformably to the practice and general rule of all Catholic Nations, is imperative upon the Supreme Power of a State, in order to secure the spiritual welfare of its Subjects.

XLII. It also belongs to Congress to decide upon the subject of Church Patronage, which the Kings of Spain have hitherto exercised in America, both with respect to the Provinces of New Granada collectively, and to each of them separately, its permanency, its regulation, the application of its proceeds, and other circumstances connected with it; for the better considering and determining of which, the Congress shall, if it judge fit, receive the opinions of the different Prelates, Universities, Chapters, and other Ecclesiastical Bodies, or shall call together a National Council, which may duly deliberate upon these and other points of Church Discipline, that are rendered so absolutely necessary by the interruption of our communications with the Holy See, an interruption which, it is apprehended, may yet continue for some time: in the meanwhile the necessities of the Church are daily increasing, and the Faithful are in want of those spiritual resources which should be provided for them by the Supreme Power of a State, as the natural Protector of the Church, and as the Conservator of one of the most important rights of the People,-its religion and conscience.

XLIII. The Provinces cannot conclude, among themselves reciprocally, any Treaties of Friendship, Union, Alliance, Commerce, &c., without the express knowledge and approval of the Congress: such Treaties will however be permitted, when not prejudicial to the general interests, or to those of a third Province; and such as have been made up to the 20th July, 1810, the epocha as already mentioned of the political change of the Government, shall be likewise submitted for the sanction of the Congress; but they can and do possess no effect in anything whatsoever contained in them, which is contrary to the compacts of this Union.

XLIV. The Congress shall take cognizance of all disputes now pending, or which may hereafter arise between one Province and another, concerning the limits of its Territory, Jurisdiction, Commerce, or any other object whatsoever, in which both Parties being at the same time interested they cannot also be Judges; and more especially when such disputes or pretensions are of so much importance as to be prejudicial to the general welfare, and liable to disturb the peace of the other Provinces. For the same reason, no Government of any one of the Provinces can admit into or incorporate with its Territory any other People, even though it be declared that this is done with the voluntary consent of such People themselves, or of their respective Province, unless the arrangement shall have been communicated to Congress, and its consent obtained.

XLV. But this shall in no respect prevent the voluntary union or association of any Provinces or People with others, whenever it is required by the general welfare or by the particular interests of the said Provinces or People, for the better regulation of their internal Government, the administration of justice, and other benefits resulting from union or incorporation. On the contrary, Congress will be inclined to promote such unions, if by these means the limits of Territories can be better regulated, and the Provinces, when they are disproportioned or dissimilar in point of extent, can be more equalized so as to bear a more adequate ratio to the whole Confederation : in this case, indeed, it becomes the duty of the Congress to decree such incorporation, accession, or union, at least for a time, when the Province in its then actual state, being deficient in resources or finding it impossible to contribute like the rest to the general good, necessarily requires such a measure, not only for its own well being but also for that of the others; until, by the increase of its population and its resources, it obtains its independence, which from that moment is guaranteed by the Congress itself.

XLVI. The People belonging to a Province who may dissent from any proposed measure, must accede to the wish of the majority of that body politic of which they form a part; but if any differences should arise between 2 Parties alike powerful, which differences, from the

impossibility of their being amicably adjusted between the said Parties themselves, and from there being no fundamental Laws or principles inutually agreed upon by which the question might be decided, require the formal decision of an impartial Arbitrator, the said Parties shall submit themselves, before having recourse to the dangerous and always fatal expedient of Arms, to the decision of Congress; which Authority, without interfering in what does not immediately concern it, shall adjust the dispute with as much impartiality as good feeling, suggesting every means and topic of conciliation, and ultimately laying down the rules which ought to regulate the 2 Parties.

XLVII. The Congress shall take cognizance of and decide upon the Law-suits and disputes between Citizens of different Provinces, those between one of the latter and the Inhabitants of another, and in general all those in which, the common interests of the Union being concerned, or the respective Powers of the Provinces not being sufficient to decide the matters in question, or to make their judgment when pronounced duly respected by either one or both of the Disputants, an Appeal to a superior and an impartial Tribunal becomes necessary.

XLVIII. The free Inhabitants of all and each of the Provinces shall have the right of entering the Territory of the others, of trafficking and trading in them, and of enjoying all the privileges and immunities of free Citizens, without any of the charges or restrictions to which the Inhabitants themselves are subject, and without any obstacle or hindrance being opposed either to their passage into other Provinces, or to their return, with the goods and effects belonging to them, to the Place from whence they may have come. They shall, however, in the mean time remain subject to the Laws of the particular Province in which they reside, trade, traffic, or perambulate.

XLIX. From this rule must be excepted Beggars, Vagrants, and such Persons as have fled from justice, or for crimes committed in the Province whence they have escaped; who at the demand of the respective Governments shall be given up, without denial or excuse, together with all their property and effects.

L. For these and all other judicial proceedings which may occur between one Province and another, due credit and authority shall be given to their respective Protests, Registers, Legal Instruments, Warrants, Requisitions, &c., the same being authenticated and legalized in the accustomed forms; and every means shall be taken to preserve a perfect harmony and good understanding, the better to insure the due. administration of justice between the different Provinces.

LI. But as up to the present time the due number of Deputies of which the Congress should consist, according to the first convocation of it by the former Junta of Santa Fé cannot be assembled; partly on account of the oppression under which, as has been said, several of the Provinces that were to return them have laboured, and partly on account

of the difficulties which have surrounded others who are disposed to exert their right; the latter at least must be urged to complete, as they have formerly done, the said nominations, and to cause their Deputies to proceed upon their journey with the utmost expedition; each Province nominating not one only, but two, distinguished as first and second, as other Provinces have done, and as is already the practice with those who at the commencement had only chosen one, in virtue of the said convoking: by which means not only the inconveniences arising from sickness, absence, or any other cause which may deprive the Province of its Representative, are obviated, but by a division of their powers, there will be a greater facility in the exercise of them, in the formation of Committees, and in going through the important business which must now engage the attention of the Congress.

LII. The Deputies, whether they be one or two for each Province, shall always have equal votes: and as they are to consider themselves, as to the objects of their appointment, rather as the Representatives of the Union in general than of any Province in particular, since without the safety and well-being of the former, all efforts in favour of the latter would be null and of no effect, they shall deliberate and vote with full and absolute freedom; provided that they do not contravene the fundamental principles and compacts of this Union, that they prefer the good of all to that of their own Province in particular, and that they follow the dictates of their conscience in what it prescribes to them, even when they have instructions to the contrary. Such instructions, however, cannot be anticipated, nor can they be imagined to be given deliberately and with a perfect knowledge of their consequences. Whilst no Deputy acting with good faith shall incur any risk on account of his vote or opinion, the Provinces, nevertheless, may revoke the powers given to him whenever they please, and transfer them to another, who shall be his Substitute.

LIII. For the same reason, they shall have perfect and absolute freedom in the debates, nor can they in any other place be accused, prosecuted or tried for what they may have written or spoken in the exercise of their duties in Congress; on the contrary, they shall be free and exempt from all arrest and imprisonment, during the time of their Sessions, and on their road to and from the place of their residence, or when employed upon any commission; unless and except for some capital crime or other delinquency which is punished by infamy or the confiscation of property, for treason or secret conspiracy against the State, or for disturbing the public peace and tranquillity.

LIV. The Congress can also, for just and lawful reasons, remove any Deputy, who has rendered himself liable to such a proceeding, by his misconduct, or by such reprehensible excesses as may compromise the honour of the Body at large, the secrecy of their deliberations, or the general good and interests of the Union; and the Province which

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