48 



DECREE OF THE CORTES AT MADRID. 



in New Spain, and to the Americans residing in 

 the Peninsula. Consequently, it will be at their 

 option to remain, adopting^ either country, or to 

 demand their passports, (which cannot be denied 

 them,) for permission to leave the kingdom at 

 such time as may be appointed beforehand, carry- 

 ing with them their families and property ; but 

 paying on the latter the regular export duties 

 now in force, or which may hereafter be established 

 by the competent authority. 



" 16th, The option granted in the foregoing 

 article shall not extend to persons in public situ- 

 ations, whether civil or military, known to be 

 disaffected to Mexican independence ; such persons 

 shall necessarily quit the empire within the time 

 which shall be allotted by the regency, taking with 

 them their effects, after having paid the duties, as 

 stated in the preceding article. 



" 1 7th, The occupation of the capital by the 

 Peninsular troops being an obstacle to the execution 

 of this treaty, it is indispensable to have it removed. 

 But as the Commander-in-chief of the imperial 

 army, fully participating in the sentiments of the 

 Mexican nation, does not wish to attain this object 

 by force, for which, however, he has more than 

 ample means at his command, notwithstanding the 

 known valour and constancy of the Peninsular 

 troops, who are not in a situation to maintain 

 themselves against the system adopted by the 

 nation at large, Don Juan O'Donaju agrees to 

 exercise his authority for the evacuation of the 

 capital by the said troops without loss of blood, 

 and upon the terms of an honourable capitulation. 

 " augustin de iturbide. 

 " Juan O'Donaju. 

 " Dated in the Town of Cordova, 

 2Uh of August, 1821." 



The accession of such a man as O'Donaju to his 

 party was of incalculable importance to Iturbide. 

 It destroyed the hopes of those who, up to this 

 moment, had looked for the re-establishment of 

 the ancient order of things — it completely justified 

 the conduct of the Spanish residents, who had in 

 a similar manner yielded to the popular tide — and 

 it was very naturally hailed, from one end of 

 the country to the other, as a confirmation of the 

 justice and solidity of the Independent cause, when 

 even a Spaniard in authority agreed to co-operate 

 with them so heartily. 



The capital was soon persuaded to surrender, at 

 O'Donaju's desire ; Iturbide entered it on the 27th 

 of September, and immediately installed the Go- 

 vernor alluded to in the Plan of Iguala. 



At this moment O'Donaju caught the yellow- 

 fever, and died, to the great sorrow of all parties. 

 ! But it is difficult to say, whether or not his death 

 was detrimental to Iturbide's views. O'Donaju 

 had already done all that was possible to establish 

 the immediate objects of that chief, particularly in 

 preventing disunion ; and it may be questioned 

 whether he would have co-operated with him so 

 fully when these objects came to take a more 

 persona] and ambitious direction, and when the 

 interests of the Spanish crown were less con- 

 sidered. 



From that period, up to the end of March 1 822, 

 Iturbide's plans were steadily carried forward, the 

 deputies to Congress gradually drew together from 

 the different provinces, and he had time to collect 



in his favour the suffrages of the remotest towns. 

 The Trigaranti colours were worn by all classes ; 

 and by a thousand other ingenious manoeuvres, the 

 people were gradually taught to associate their 

 present freedom with Iturbide's celebrated Plan 

 of Iguala, and thence, by an easy transition, to 

 look to him, individually, for their future pros- 

 perity. 



The Mexican Cortes, or Sovereign Constituent 

 Congress, finally met on the 24th of February, 1 822 ; 

 and one of their first, if not their very first act, 

 was an edict, permitting all who chose it to leave 

 the country, and allowing the export of specie at a 

 duty of only three and a half per cent. This good 

 faith, for it had been long before promised by Itur- 

 bide, gave great confidence to the mercantile capi- 

 talists, and probably decided many to remain in the 

 country, who, had they been less at liberty to go, 

 would have felt less desirous of remaining. 



A rumour was also circulated at this time, that 

 the inquisition, which had been abolished by the 

 Constitution before Ferdinand's release from 

 France, might probably be re-established — a 

 prospect which was no less grateful to the hopes 

 of the clergy, than a free export of specie was to 

 the merchants. Iturbide himself, at this juncture, 

 condescended to espouse the cause of the army, 

 by publishing appeals, with his name at full length, 

 in the public prints, in favour of the merits and claims 

 of his fellow-soldiers ; thus dexterously contriving 

 to bring all parties into the best possible humour 

 with himself, and consequently with his adminis- 

 tration. 



On the 18th of May 1822, he presented to the 

 Congress two Madrid Gazettes of the 13th and 

 14th of February, by which it appeared that the 

 Cortes of Spain had declared the treaty of Cordova, 

 entered into by the Viceroy O'Donaju, to be "ille- 

 gal, null, and void, as respects the Spanish govern- 

 ment and its subjects." 



As this document is no less characteristic of the 

 obstinate policy of the Spaniards, in all that respects 

 South American affairs, than the foregoing treaty 

 of Cordova is of the Mexicans, a translation is here 

 inserted. 



" DECREE OF THE CORTES AT MADRID. 



" In the Session of 13th February 1822, the Ex- 

 traordinary Cortes at Madrid approved of the 

 following articles : — 



" 1 st, The Cortes declare, that what is styled 

 the Treaty of Cordova between General O'Donaju 

 and the chief of the malcontents of New Spain, 

 Don Augustin de Iturbide, as well as any other act 

 or stipulation involving the recognition of Mexican 

 independence by the aforesaid general, are illegal, 

 null, and void, as respects the Spanish government 

 and its subjects. 



" 2d, that the Spanish Government, by an offi- 

 cial communication to all such powers as are in 

 amicable relations with it, shall declare that the 

 Spanish nation will at all times consider as a viola- 

 tion of existing treaties, the partial or absolute re- 

 cognition of the independence of the Spanish Ame- 

 rican colonies, seeing that the discussions pending 

 between some of thorn and the mother country are 

 not yet concluded ; and that the Spanish govern- 

 ment in the fullest manner shall testify to foreign 

 powers, that hitherto Spain has not renounced any 



