tale proposito emanate, egualmente che nel caso in cui essi non si fossero presentati dopo di essere stati richiamati dalle Autorità superiori dell' altro Stato. V. In conseguenza dello stesso principio si stabilisce inoltre che, nulla ostante il diritto di libera esportazione, possa aver luogo l' esazione di quella somma, che si paga per redimersi dall' obbligo del servizio militare, in quei casi ove vien rilasciata la concessione di emigrare ad un Individuo, il quale, essendo soggetto all' obbligo del servigio militare per la sua condizione personale, non ha per anco compita l' età che lo dispensa dall' obbligo suddette. VI. Similmente, negli Stati ove esistono, restano ferme nei rispettivi casi, riguardo, alla Tassa personale di Emigrazione, le prescrizioni osservate per il passato, giusta le quali si esige il trè per cento sulla facoltà dell' Emigrante, come una Tassa relativa alla di lui persona. Essendo poi l' esazione della Tassa di Successione fondata sopra leggi che non hanno alcun rapporto col diritto del libero trasporto, cosi il presente Trattato non ha alcuna relazione colla Tassa sovraccennata, ma sarà facoltativo ad ambe le Parti Contraenti di emanare in proposito per diritto di Sovranità le disposizioni legali che loro sembreranno opportune. VII. E convenuto ancora, che colle precedenti Stipulazioni non si è fatta alcuna mutazione al sistema dei Dazj e delle Dogane attualmente in vigore, o da Emigration Laws issued by their Sovereign, or of those who have not returned, after having received a summons from their Authorities. V. According to the same principle, it is further established, that, notwithstanding this right of a free transfer of Property, the payment of the Duty of exemption from military service can be exacted, if the permission to emigrate is given to an Individual, who, from his personal qualifications, is liable to military service, if he have not yet reached the age which absolves him from the said service. VI. In like manner shall remain in force, in the States where they now exist, the Laws relating to the Emigration Tax; according to which 3 per cent. must be paid from the property of the Individual emigrating, as a Tax upon his person; and as the Duties paid by an Heir, are founded upon Laws which have no connexion with the right of a free transfer of Property, in the same manner the present Treaty has no reference to the above-mentioned Tax; it being left to the Two Contracting Parties to establish such legal regulations as they may deem expedient. VII. It is further agreed that the above-mentioned Stipulations shall have no effect on the system of Imposts and Custom-houses, which exists at present in force in stabilirsi in appresso nei rispettivi both States, or such as may be Stati. hereafter introduced. VIII. Abbenchè in vigore del presente Trattato vengano, negli Stati ove esistono, abolite tutte quelle Tasse, intorno all' esportazione, che si pagano all' Erario sovrano, restano ciò nulla ostante illese le ragioni di quelle corporazioni dell' uno o dell' altro Stato, e di quegli Stati Provinciali, i quali hanno diritto a delle retribuzioni sopra le eredità. IX. Finalmente, questo Trattato dovrà avere irrevocabilmente la forza di un Trattato pubblico, e comincierà ad avere il suo pieno effetto dal giorno del cambio delle Ratifiche, che avranno luogo in tre mesi. In fede di che i rispettivi Plenipotenziarj hanno firmato il presente Trattato, fatto in doppio Originale, e vi hanno apposto il Sigello delle loro Armi. Fatto a Milano, il giorno 12 Agosto, dell' Anno 1823. (L. S.) FRANC. BARONE DI SARDAGNA. (L. S.) GIO. MARIA POLI. VIII. Although all Taxes upon the transfer of Property in the States where they exist, as far as relates to the receipt of the same into the Treasury of the State, are abolished by virtue of this Treaty, nevertheless, those Corporations existing in either State, and those Provincial States which are entitled to raise Taxes, in cases of transfer of Inheritances, shall continue in the exercise of their rights. IX. Finally, this Treaty shall have irrevocable validity as a Publick Treaty, and enter into full effect, from the day of exchanging the Ratifications, which shall take place within three months. In faith of which, the respective Plenipotentiaries have affixed their Signatures, and the Seal of their Arms, to the present Treaty, in Duplicate. Done at Milan, the 12th day of August, in the Year 1823. (L. S.) FRANCIS BARON (L. S.) JOHN MARIA POLI. [NOTE. The Ratifications of this Treaty were exchanged at Milan, 6th February, 1826.] MESSAGE of the Vice-President, on the Closing of the Congress of Colombia. 2nd January, 1826. (Translation.) FELLOW CITIZENS OF THE SENATE AND CHAMBER OF REPRESENTATIVES. On the termination of your Legislative Functions for the first Constitutional Period of the Republick, you will find a vast field in which to employ your talents and patriotism with utility to the Colombian People. The state of internal tranquillity which the Nation happily enjoys, and the advancement of its external relations, present to you an advantageous occasion for ameliorating the Administration of, and perfecting the Laws, from the wisdom and propriety of which the prosperity of Colombia must arise. Removed from the din of War, and enlightened by a sound publick opinion, and by your own experience, you may be enabled, in the present Session, to contribute towards the consolidation of the edifice of Liberty, which has been erected by immense and costly sacrifices. The Fundamental Law imposes upon me the agreeable duty of aiding you with the lights which a practical knowledge of the Administration affords, and I proceed to fulfil an obligation, perfectly in accordance with the wishes of my heart. The Government of Spain, blind to the true state, so frequently exhibited to her, of the Contest with America, and deaf to the suggestions of impartial and experienced Governments, does not show any symptom of abandoning her hostile projects against the Republick. The Government of Colombia, by a conduct worthy of the Cause which it defends, has redoubled its efforts to draw that of Spain to an honourable reconciliation, in proportion as the successes of our Arms, and the march of the Republick irrevocably ratify our Independence. You will see, in the Documents which will be presented to you, the Offices exercised in our favour, by some of the Powers of Europe and America, with the Cabinet of Madrid; the steps which the Executive has taken, with the same view, and the firmness and dignity with which it has sustained the Cause and the Principles of the Colombian People. It is grievous to have to contend with so obstinate a Government; the Executive, is not, however, disheartened by the difficulties which oppose themselves to the Negotiation of Peace. I shall proceed firmly in pursuing this beneficial object, and I can assure you that, should we not obtain a sincere reconciliation, worthy of Colombia, we possess sufficient means of continuing the War with the same honour and success with which the Republick has sustained it during 15 consecutive Years. Our relations with the American Governments, and particularly with those of the United Mexican States and Peru, have been consolidated in such manner as to ensure a perpetual and sincere friendship. The Plenipotentiaries of the New American States are about to assemble in Panamá, for the purpose of ratifying, in the most solemn manner, our common resolution to maintain and defend our Independence and National Liberty against the attempts of our Enemies. This Assembly, originating in the most lively desire to preserve the result of the sacrifices of the American People, and the ardent wishes of the Colombian Government, and of her Liberator, for Peace and Friendship amongst all the Confederate Belligerents, is, in the opinion of the Executive, the final Guarantee of our Independence. I have made known in Europe the true object of this Assembly in the Isthmus, in order to remove any unpleasant impressions which some Cabinets may have received; less through the insidious conduct of our Enemies, than from the magnitude of the undertaking we have been enabled to accomplish. The Peruvian Republick has recovered its Political Existence by the Sword, and under the guidance of the Liberator, President: you know the result of General Bolivar's exertions, efficaciously supported by the fidelity of the Peruvian People to the Common Cause, and by the constancy and intrepidity of the defenders of Liberty. The Spanish Army, which governed that immense Country, was vanquished in the Battle of Ayacucho, and from that glorious day, until the hour in which the hostile Chief who occupied Potosi, died, the united Arms of Colombia and Peru, under the immediate direction of an able and fortunate Colombian General, have obtained a series of the most prosperous successes. The consequence of such brilliant events, has been, that the Provinces of Upper Peru, the cradle of American Liberty, have assumed that Political existence which they required, elevating themselves into an Independent State. Transported by enthusiasm and gratitude, this new Nation has adopted the appellation of the "Republic of Bolivar," thus consecrating, to the end of time, the illustrious name of the Liberator of Colombia. I have not language to express the joy and gratitude which the Colombian Government feels at the homage done to the Liberator, to the Colombian Army, and its General, by the Congress of Peru, the Assembly of Chuquisaca, and by the Cities, and Towns, and their Inhabitants. The Congress will receive a Deputation of the Representatives of Peru, whose principal object is to present you with a testimonial of its gratitude, for the efforts of the Colombian Republick in establishing the Liberty and Independence of that Country, in spite of ignorant forebodings. I hope that you will join the Executive in the satisfaction it feels at seeing an undertaking realized which appeared to compromise our own destinies. Part of the Auxiliary Army is on its return Home, another will remain in Peru, at the disposal of that Government, to support the deliberations of the People, and protect the internal tranquillity, so long as that State may require it, or this Republick has not occasion for its Troops. To fulfil our engagements with the United Mexican States, I have disposed of a part of our Forces in a manner of which you shall be made acquainted at a proper time. The Common Cause of America, interested in this measure, will vitally be a gainer, and there will remain no part of the New World, in which the Republick of Colombia will not have contributed to the pursuit of its ancient Oppressors, and have been the bearers of Peace and Friendship to its Brethren. No motive of complaint exists on the part of the Brazilian Government. The Executive has deferred opening the Negotiations which are necessary for the establishment of our Boundaries, until it is assured that the Minister of the Republick will be received by that Government in the form acknowledged by the Law of Nations. Foreign Journals represent the Emperor as at variance with the Government of Buenos Ayres, respecting the possession of the Banda Oriental; the Executive is not officially acquainted with the merits of the Question. Our relations with the United States of America are of a most happy and flattering description, their President having ratified the Treaty of Peace, Friendship, Navigation, and Commerce, which we concluded with them. The Convention for suppressing the African Slave-trade has not been ratified, in consequence of doubts having been raised in the American Senate, of which you will be fully informed by the Secretary of Foreign Relations. The Treaty of Peace and Friendship which you approved last Session, is about also to be ratified by the Government of His Britannick Majesty. From that moment the Political and Commercial Relations between the Republick and Great Britain will be established on a permanent basis, beneficial to the two Nations, and advantageous to the Cause of America. After the signature of this Treaty, I received with the customary forms, His Britannick Majesty's Chargé d'Affaires, who now resides in this Capital. The Commercial Agents in our Ports continue to exercise their functions, on the footing announced in my last Message; as the reason for this proceeding on the part of the Government still exists, and it cannot alter the rules of its conduct. Our Consuls and Commercial Agents in the United Kingdom of Great Britain and Ireland, will be, in due time, despatched to those Ports most convenient for our mercantile relations. The Executive has laboured with the greatest zeal to obtain from the Government of His Most Christian Majesty, an explicit declaration in favour of the Republick. A preliminary step to the accomplishment of our desires and endeavours, was to offer her various explanations, and to point out the true rule of our conduct, in order to throw light on some Points on which unfavourable ideas were entertained. For this purpose I authorised, in an adequate manner, a confidential Agent, who has fulfilled my expectations; his Communications will be presented to you in detail; and I feel convinced that Congress will approve the circumspection with which this matter has been conducted, under circumstances of some difficulty, and will applaud the firmness with which we have maintained the System proclaimed by the Colombian People. I have no reason to doubt, that the French Government, supported by the National opinion, will at length acknowledge our Sovereignty, in imitation of other great Powers, and will proceed to establish friendly relations, advantageous to both Countries. Our relations with the Apostolick Chair possess an indefinite character, for reasons which it is not difficult to point out. Peculiar |
