Fifth. Any inhabitant of Peru, either European or American, ecclesiastic or merchant, land-owner or workman, wishing to remove to another country, will be at liberty so to do, by virtue of this convention, and to take with him his family and property-he will be protected by the state until his departure, and if he prefers to remain, he will be considered a Peruvian. Answer. Granted: with regard to the inhabitants of the country to be delivered, and agreeably to the conditions mentioned in the preceding article. Sixth. The state of Peru will also respect the property of the Spaniards who may be absent from the territory-they will be at liberty, for the period of three years, to dispose of their property, which will be considered in the same point of view as that of Americans, unwilling to go to the peninsula, although they may have property in that country. Answer. Granted: as in the preceding article, provided the conduct of these individuals will, in no way, be hostile to the cause of the freedom and independence of America-in the event of which, the government of Peru reserves to itself the privilege of acting freely and discretionary. Seventh. The term of one year will be granted to all the interested parties, in order to avail themselves of the stipulations embraced in the fifth article-their property will be subjected to the ordinary duties, but that of individuals belonging to the army to be free of duties. Answer. Granted. Eighth. The state of Peru will acknowledge the debts contracted by the administration of the Spanish government in the territory thereof, to the present day. Answer. The congress of Peru will decide with regard to this article, what will be most convenient to the interests of the republic. Ninth. All the individuals employed in public offices, will be continued therein, if it be their desire; otherwise, those preferring to leave the country will be comprehended under the articles 2d and 5th. Answer. Those of the meritorious will be continued in their offices if the government should think proper. Tenth. Every individual belong. ing to the army, or in the government's employ, who may wish to be erased from the rolls and to remain in the country, will be at liberty so to do; and in that case their persons will be respected. Answer. Granted. Eleventh. The town of Callao will be delivered to the united liberating army, and its garrison will be included in the articles of this treaty. Answer. Granted: but the town of Callao, with all her colors and military articles, shall be delivered to the liberator, and be subject to his disposal on or before twenty days. Twelfth. Superior officers of both armies will be sent to the provinces for the purpose of delivering and receiving the archives, magazines, appurtenances, and the troops, deposited in, and stationed at, the different garrisons. Answer. Granted: the same formalities will be observed at the delivery of Callao. The provinces will be delivered to the independent authorities in fifteen days, and the places the most remote in all the present month. Thirteenth. The vessels of war and merchantmen in the ports of Peru, will be allowed the term of six months, from the date of the ratification of this treaty, to get their stores and provisions on board, to enable them to depart from the Pacific. Answer. Granted: but the ships of war will only be permitted to make preparations for their voyage, without committing any act of hostility, either there or on quitting the Pacific-they being obliged to leave all the seas of America without touching at any port of Chili, or any other port in America, which may be occupied by the Spaniards. Fourteenth. Passports will be granted to the ships of war and merchantmen for their uninterrupted navigation from the Pacific to their ports in Europe. Answer. Granted: agreeably to the preceding article. Fifteenth. All the chiefs and officers made prisoners at the battle of this day, will be set at liberty from this moment, as well as the prisoners taken in anterior actions by either of the armies. Answer. Granted: and the wounded will be taken care of until they shall be able to dispose of themselves. Sixteenth. The generals, chiefs and officers, will retain the use of their uniforms and their swordsand will also retain in their service such assistants as correspond with their rank, and their servants. Answer. Granted: but, during their stay in the territory, they will submit to the laws of the country. Seventeenth. To those individuals of the army who may have come to the determination, with regard to their future destination, agreeably to this treaty, leave will be granted them to re-unite with their families their other interests, and to remove to the place they may have chosen; in which case they will be furnished with passports so that they may not be molested in any of the independent states until their arrival at their places of destination. Answer. Granted. Eighteenth. Any doubt that may arise in the stipulations of the articles of the present treaty, will be interpreted in favor of the individuals of the Spanish army. Answer. Granted: this stipulation will depend on the good faith of the contracting parties. And having concluded and ratified this treaty, which is hereby approved, there will be made four copies of the same, two of which will remain in the power of each of the parties whose signatures are hereto affixed, &c. Delivered and signed, with our hands, on the field of Ayacucho, the 9th of December, 1824. JOSE CANTERAC, ANTONIO JOSE DE SUCRE. BUENOS AYRES. MESSAGE of the GOVERNOR of BUENOS AYRES to the 5th Congress. Gentlemen-Great events have transpired during the period of your recess. On assembling again, according to law and custom, you witness the reality of what you were anxiously expecting the past year. The liberating army of Peru has dissolved all the materials of Spanish power consolidated in the heart of the Andes, and dissipated their illusions. The independence of the American continent is no longer disputed. The act, by which Great Britain has just recognized it, is another memorable event; because it shows the triumph of the principles which establish the legitimacy of our rights against the overbearing alliance of the ancient aristocracy of Europe. Finally, the provinces of Rio de la Plata are incorporated into a national compact. The general congress, well advised of the situation of each of them, has taken proper steps, sanctioned the fundamental law, which will soon be laid before you. You will see, gentlemen, the same spirit shining within it, as in those laws which you enacted on the 13th of November, 1824. Experience has shown that they are the most suitable to guarantee a union which could not be anticipated but by the sanction of a law. The governor has provided from the treasury of the province for the expenses of defence and national organization, in the manner which will be presented to you. He hopes to meet your approbation; because it has been done conformably to your express wishes. But he would have wished to avoid the necessity of taking upon himself the discretionary charge of the executive power, in order not to expose himself to the danger of fostering prejudices which can be cured only by time and a progressive civilization. The congress will no doubt hasten to remove this pretext of discontent, and the province will then confine itself to giving saluta ry examples of generous devotedness to their country's cause, and of unwearied attention to the amelioration of her institutions. Population and capital from all parts are encouraged. The increasing prosperity of our commerce, the activity of our industry, and the general welfare of our laboring population, will make the principles of our government every day more dear to us, as they will introduce into the less favored classes of society, that good feeling, that instinct of liberty and order, which disconcerts and derides the machinations of the ambitious. The ignorance of the people has always been their principal resource. To destroy this, you ordered the establishment of a considerable number of elementary schools in the city and country. It has been done; but the state and progress of those which were confided to the benevolent society, have answered all hopes, and will serve as a model and an incentive. The colleges have this year undergone some improvement. Exertions have been made to repress the spirit of insubordination, which the examples of lawlessness, during a long period of revolution and disorder, always disseminate. Youth, unaccustomed to any feelings of respect, will form men incapable of being free, of governing, or being governed, but by terror and violence. The university wants a constitution, which, giving it an existence worthy of its object, would offer a security that the sacrifices made for the establishment and preservation of classical instruction were productive. This matter is on the point of being concluded. The frequency of crimes, and especially in the country, is a palpable proof of the insufficiency of the existing law, and of the inconvenience of the actual form of proceeding. A form of law will be presented immediately to correct these evils, which ought not any longer to exist in the country. A committee is occupied on a mercantile code, and their labors will be presented to you this session. In order to establish the security of landed property, it has been necessary to define exactly the boundaries of each estate, by extricating them from the uncertainty in which they have hitherto been involved, destitute of the safeguards which alone are capable of affording a knowledge of lands in this country, level as the ocean. The topographical committee, organized and provided with every requisite, have already undertaken to set general boundaries, to serve as starting places for subsequent operations, and are preparing a chart in which each may see the boundaries of his property clearly defined. The public works for the city are fast approaching completion. There is no doubt that a temple and a school in each village will be monuments erected to liberty. This plan has commenced operations: you will not refuse to vote, every year, a sum for an object so worthy. Civil and religious education will form the habits of a people truly free: it will render crimes more rare, coercion less necessary, to preserve peace and public order. The past year, you approved of the plan of erecting posts of security in the country, with the view of facilitating the administration of justice, and of rooting out those inhuman practices which want and wretched ness had introduced, for the security of those who may be the object of them. This year these works have been commenced, to which will be added the erection of suitable court houses in each district, where justice may be administered without the inconvenience attending the unsettled ju risdiction of justices of the peace. The exertions made for the organization and recruiting of the provincial army have not been fruitless. It is improved in numbers and discipline. The veterans on the frontier have fulfilled their duty satisfactorily; but prudence requires not only the completion but the augmentation of their forces. The committee, entrusted with reforming the military penal code, adapting it to our institutions and necessities, will soon present their labors for your delibe. ration. The receipts of the province have considerably increased during the past year, and have been amply sufficient for the expenses of the public service, both ordinary and extraordinary. The loan contracted for in London, has been transported hither to advantage, without any difference in exchange. It is hoped that the works for the harbor, to which it was chiefly destined, will realize their completion by means of private companies, and their own funds; in such case leaving free the other monies for other objects: in the mean time they may be productively employed, and our industry encouraged. All the documents relative to it will be seasonably brought forward. The machines and tools necessary in the coining of money are already completed, and a contract has been entered into, to raise an establishment of the kind most absurd, as well as the most during the coming year. Gentlemen-I congratulate you on your return to your honorable duties under auspices so flattering. There is great need of your co-operation. In the infancy of our national existence, and after so long a struggle, peace also has its dangers, and demands important sacrifices. The spirit of anarchy, disseminated in a thousand ways, may corrupt our institutions; and aristocracy, originating in the very revolution itself, will avail itself of every means to bring them into disrepute. Our situation at this important epoch, makes the examples you may offer in the exercise of your functions of transcendant importance. It is necessary to demonstrate that free institutions are not only the most proper to make a people prosperous and happy, but that they elevate their minds and inspire them with a boundless and irresistible energy in vindicating the national honor. JUAN GREGORIO DE LAS HERAS. frightful tyrannies, appear not to have been sufficiently felt, inas much as even, at this time, laws are applauded which presumptuously tolerate the right of thinking and of acting agreeably to conscience. The province would appear to descend from the point of civilization which it has attained, if it were to establish a law of toleration, or to pretend to grant a liberty, which the public authority was always obliged to protect; but, since the laws that formerly governed, rendered necessary an act to abolish them, and to give a solemn guarantee to persons who may wish to live in our society, the goverment has found no other way to do it with dignity than by the proposed law, which it has the honor to transmit for the consideration of the honorable representatives. This act, which will complete the liberty of the citizens, will not be less glorious than that which solemnly declared, in the same month, the independence of the republic. HERAS, MANUEL J. GARCIA. Proposed law-sole article. The right, which every man has, to ADDRESS and LAW of Congress of worship the Divinity agreeably to BUENOS AYRES. Buenos Ayres, July, 1825. Power, the offspring of force and error, having first enchained person and property, proceeded to conquer through itself, gave immutable laws to the imagination and endeavoured to govern even the consolations of the heart. Knowledge dissipated the shadows and annihilated imposture. Liberty triumphed every where; the inviolability of persons and property was acknowledged as a vital principle of society. Nevertheless, the his own conscience, is inviolable in the territory of the province. ADDRESS of the new Government of the BANDA ORIENTAL to the Congress of the UNITED PROVINCES OF LA PLATA, sitting at BUENOS AYRES. SOVEREIGN CONSTITUENT CONGRESS. The provisional government of the eastern province, in its present situation, finding the national repre sentation assembled in the sove reign constituent congress, consi |