and shall be restricted as such by The United States and the citizens thereof.

In testimony whereof, I have caused the seal of The United States to be hereunto affixed.

Given under my hand, at the city of Washington, this 2nd day of June, in the year of our Lord 1856, and of the independence of The United States the 80th.

By the President:

W. L. MAROY, Secretary of State.

FRANKLIN PIERCE.

PROTEST of the Executive Power of New Granada, against the recognition by The United States of the intrusive Government of Nicaragua.—Bogotá, July 9, 1856.

(Translation.)

THE Executive Power of New Granada has perused with painful and profound surprise the Message addressed by the President of The United States to the Senate in the month of May last,* informing it of his having received in the character of a Diplomatic Minister an Agent accredited to the Government of the American Union by the nominal President of the State of Nicaragua, Don Patricio Rivas, recognizing by that very act the authority which this person was exercising without any valid title, and which besides was only in name, as being notoriously subject to the will of the foreign adventurers who, under the orders of their chief, William Walker, and by violent means, have usurped the command of that territory from the month of October, 1855.

The reasons for surprise and regret can be explained in a few words. The President of The United States was aware that from the territory of the Union, and after having tried their fortune as invaders in other parts of the Spanish American territory, the said adventurers issued forth armed and equipped for war, in order to mix themselves up without any right, and exclusively for their own profit, in the domestic struggles of Nicaragua, feigning to be allies or supporters of one of the factions into which the country was divided.

He was aware that, already in possession of power, by virtue of a transaction in which The United States' Legation took part and which was violated and annulled by them within a few days, they stained their hands with the blood of distinguished persons, they outraged the natives with all sorts of persecutions, spoliations and violence, and even proceeded to aggravate the misfortune * Page 782.

of those who abandoned their country, by inflicting heavy contributions and personal exactions upon their families.

And this was so evident to him, and the President of the Union had estimated it with such precision and justice, that in an official note from the Department of State to the Minister of The United States in Nicaragua, dated the 7th of December, 1855, he was cautioned for the second time to abstain from all communication with the "assumed rulers" of that country, and told besides that the contrary "might be interpreted to a certain extent as an approbation by The United States of the proceedings of those persons, foreigners chiefly, who had violently overthrown the Government of the State and had assumed authority over it ;" and that "considering the means by which the dominant power had been established there, and the way in which it was exercised, it could not claim to be regarded even as a Government de facto."

The President of The United States was aware that this intrusive and tyrannical Government, in addition to its exotic nature, not only did not count upon any support in the country, nor even from the faction which by a lamentable deviation had favoured the intervention of foreigners in its domestic affairs, but that it also had against it the opinion of all the States of Central America; wherefore it was indispensable for it, in order to preserve itself, to seek and introduce with great activity reinforcements of fresh adventurers, and aids in money, arms and ammunition, drawn entirely from the territory of The United States in both oceans.

He was aware that the Central American States were allying themselves together with abundant reason and with full right in order to make war upon those adventurers; that that of Costa Rica had commenced it with noble resolution, and that Walker, routed whereever he wished to or was obliged to cross his arms with those of the brave Costaricans, was already on the point of yielding.

And he knew well enough that, in such a state of things, to recognize the exhausted Government of Rivas and Walker was equivalent to putting in its favour into one of the scales of the balance all the power of The United States; that it was to furnish it with immediate and abundant resources of every sort, in order that it might triumph over its enemies, revenge itself at its pleasure on them, and carry conquest and depredation wherever it might think proper.

The case being examined under all these aspects, both as to its origin and development, and without any favourable modification. supervening subsequently to the 7th of December, 1855, it has not appeared in May, 1856, to be comparable to that of the "de facto" Governments which spring out of revolutions, and to which popular favour gives consistency, and victory weight.

New Granada is a fellow-nation and allied to that of Central

America: it has in that character duties of race and of engagement to fulfil towards the latter, and it would not be possible for New Granada to regard with indifference the injustice with which it is treated and the horrible fate which is being prepared for it by means which in the opinion of New Granada are inexcusable.

It is besides a bordering State: like the other, or more than the other, it offers facilities for interoceanic communication in which the Government and people of The United States are so much concerned: the evils of a new kind of which Central America may become the victim, may prove of great consequence to this Republic owing to the territorial contact, or by the future application to it of the same principles.

And on the other hand, under its simple character of a continental Power, whatever may be its importance, and its strength consisting above all in the patriotism of its people, it neither can nor ought to admit or authorize by its silence such principles, opposed in its opinion to the inherent sovereignty of nations, and a constant menace to the peace and independence of those which have been established on these continents.

The Executive Power impelled by these considerations, notwithstanding the high estimation which it entertains for the country of the immortal Washington; notwithstanding the eminent and continual proofs of good friendship which under all circumstances the people and Government of New Granada have received from it and its Government; and notwithstanding the fervent desire which animates the Granadian people and Government, and the evident desirability which exists, of preserving and drawing closer these friendly relations between two Republics which daily harmonize more and more in their social and political institutions;

For itself and in the name of and representing the Republic,

It resolves to protest, as it now protests, against the recognition of the intrusive Government of Rivas and Walker in Nicaragua by the Government of The United States, and against the principles and reasons upon which that recognition has been based.

It appeals to the sentiments of justice, of humanity and propriety of the said Government in favour of the nations of Central America and more especially of Costa Rica, in order to obtain its powerful interposition to save them, while it may be possible, from the calamities of a war with aggressive and implacable enemies.

For the Vice President of the Republic charged with the Executive Power.

LINO DE POMBO, Secretary for Foreign Affairs.

ROYAL DECREE, modifying the Spanish Constitution of May 23, 1845.-Madrid, September 15, 1856.

(Translation.)

TAKING into consideration the reasons which have been stated to me by my Council of Ministers, I have determined to decree as follows:

ART. I. The Constitution of the Spanish Monarchy which was promulgated on the 23rd of May, 1845,* is hereby re-established.

II. Until the Cortes, in concert with my authority, decide upon what is necessary, the aforesaid Constitution will be modified by the following Additional Act, which shall be observed and fulfilled as if it were an integral part of the Constitution itself, immediately after the publication of this my Royal Decree.

Done at the Palace, this 15th day of September, 1856.

(Signed Manû Regiâ.) LEOPOLDO O'DONNELL, President of the Council of Ministers.

Additional Act to the Constitution of the Spanish Monarchy of May 23, 1845.

ART. I. The trial of offences committed by the Press belongs to the jury, with the exception of those cases which may be determined by the laws.

II. After the promulgation of the law mentioned to in Article VIII of the Constitution, the territory in which such law may be put in force, during the suspension of the provision contained in Article VII of the same Constitution, will be ruled by the law of public order established before hand. But neither in the former, nor in the latter of the two aforesaid laws, can the Government be authorized to banish Spaniards from the kingdom, nor to transport nor exile them out of the Peninsula.

III. The first creation of Senators cannot exceed the number of 140. After this first creation, the Sovereign will have the power of appointing Senators only when the Cortes are open.

IV. The Electoral Law will determine whether the Deputies to the Cortes shall be bound, or not, to prove that they pay taxes or that they possess an income.

V. Whenever a Deputy to the Cortes shall accept a public employment, although it may be in the regular scale of promotion, he will thereby be subject to re-election.

VI. The Cortes are to be assembled every year during a period of at least four months, to be reckoned from the day on which the Congress shall be definitively constituted.

• Vol. XXXIX. Page 973.

VII. Whenever a difference of opinion may exist between the two co-legislative bodies with regard to the annual law of the Budget, in that particular year the law of the Budget of the preceding one shall continue in force.

VIII. No condemnation can be passed against those Deputies alluded to in Article XLI of the Constitution, without the previous authorization of the Congress.

IX. Besides the cases enumerated in Article XLVI of the Constitution, it shall be necessary that the Sovereign be authorized by a special law:

1°. To grant general pardons and amnesties;

2°. To alienate, either partially or in toto, the patrimony of the Crown.

X. It shall also be necessary that the Sovereign be authorized, by a special law, to contract matrimony and to allow it to be contracted by those persons who, being his subjects, may be called by the Constitution to succeed to the Crown after him.

XI. There shall be a Council State, which will be consulted by the Sovereign in those cases which may be determined by the laws.

XII. The organic law of the Courts of Justice will determine the cases and the form in which the Sovereign will be able for governmental or disciplinary reasons, to remove, superannuate, or dismiss the magistrates and judges.

XIII. The Sovereign alone will have the power of appointing mayors ("alcaldes ") in those towns which have a population of 40,000 souls; and in the others, he will exercise on the appointments of the alcaldes such intervention as the law may determine.

XIV. The Electoral Lists for Deputies to the Cortes shall be permanent. The qualifications of the electors will be examined, in all cases, in public and with cross-examination.

XV. Within the eight days following the meeting of the Cortes, the Government will present to the Congress the accounts of the year before last and the Budget for the ensuing year.

XVI. The Cortes will deliberate upon the law alluded to in Article LXXIX of the Constitution before entering into the discussion of the law of Budget.

Done at the Palace this 15th day of September, 1856. (Signed Manû Regiâ.) LEOPOLDO O'DONNELL, President of the Council of Ministers.