Star.
London, England, 1825-11-09 00:00:00

SPAIN AND HER LATE COLONIES.

The following k an authentic Copy of a Note addressed by the
Right Honourable George Canning, his Majesty's Principal Secre-
tary of &ate for Forivt Affairs, to the Chevalier De Los Rios,
Minister Plenipotentiary of his Most. Catholic Majesty :

Foreign Odice, March 25, 1925.
The undersigned, his Majesty's Principal Secretary
of State for Foreign Affairs, is commanded by his So-
vereign to deliver to the Chevalier De Los Rios, for the
purpose of being transmitted to his Court, the following
reply to the Official Note addressed by his Excellency
M. Zea to his Majesty's Charge d'Affaires at Madrid, on
the 21st of January.
So large a portion of the Official Note of M. Zea was
founded upon a denial of the facts which had been
reported to the British Government with respect to the
state of the several countries of Spanish America, and
upon an anticipation of events expected by the Court of
Spain to take place in those countries, by which the
credibility of. the reports transmitted to the British
Government would be effectually disproved, that it has
been thought advisable to await the issue of the ex-
pected events in Spanish America, rather than to con-
front evieence with evidence, and to discuss probabi-
lities and conjectures. Of that decisive issue, as it
appears to be, the undersigned is directed to say, that
it is a gie it satisfaction to the British Government that
it had actually taken place before the intentions of the
British Government towards S?anish America were
announced. Those intentions, therefore, cannot possibly
have had the slightest influence upon the result of the
war in Peru.

With this single observation the undersigned is di-
rected to pass over all that pal t of M. Zea's Note which
turns upon the supposed incorrectness of the informa-
tion on which the decision of the British Government
was founded.

The questions which remain to be examined are,
whether in treating with de facto Governments, now
established beyond the danger of any external assailment,
Great Britain has violred either any general principle
of international law, or any positive obligation of treaty ?
To begin with the latter as the most specific accusation.
M. Zea brings forward repeatedly the general charge
of violated Treaties; but as he specifies only tmo—th.t
of 1809 and that of 1814, it may be presumed that be
relies on them alone to substantiate his charge.
First as to the Treaty of 1009.
That Treaty was made at the beginning of the Spanish
struggle against France, and was directed wholly, and
in terms not to be misapprehended, to the circumstances
et the moment at which it was made. It was a Treaty
of Peace putting an end to the war in which we had
been since
66 1804 engaged with Spain. It is expressly
describedin the first Article as a Treaty of Alliance
during the
.war" in which we were engaged jointly with
Spain against France. All 'the stsplAtious of the

Treaty bad evident reference to the declaresi detertiii-1
natiod of the then ruler of France to uphold a brunt))
of his own family upon the throne of Spain and of the
Indies; and they undoubtedly pledged is to Spaih hbt
to lay down but arms until that design should be
defeated in Spain; and the pretension altogether aban-
doned as to Anterita—a pledge which it is not, and
cannot, be denied that Great Britain amply redeemed.
But, those objects once accomplished, the stipulations
of the Treaty were fulfilled, and its obligations neces-
sarily expired, together with the matter to which they
relived.

In effect, at the happy conclusion of the war in the
Peninsula, and after the restoration, by British assistance,'
of his Catholic Majesty to the Throne of his ancestors.
the treaty of 1809 was replaced by the Treaty of 1814.
And what does that treaty contain? First, The ex-
pression of an earnest wish on the part of his Maje.ty.
that Spanish America may be re-united to the Spanish
IMonarchy ; and secondly, an engagement to prohibit
British subjects from supplying the Spanish Americans
with munizinns of war. This engagement was instantly
carried into effect by an Order in Council of 1814.
And in furtherance of the like object, beyond the obli-
gation of the Treaty, an Act of Parliament was passed
in 1819. prohibiting the service of British subjects in
the ranks of the resisting Colonies.
That the wish expressed in this Treaty was sincere;
the proof is to be found not only in the measures above
mentioned, but in the repeated offers of Great Britain
to mediate between Spain and her Colonies. Nur were
these offers of mediation, as M. de Zea alleges, uni-
formly founded on the single basis of the admission by
Spain of the independence of the Spanish Provinces.
Years bad elapsed, and many opportunities had been
missed of segociating on better terms for Spain, before
that basis was assumed to be the only one on which
negotiation could be successfully opened.
It was not assumed in 1512, when our mediation was offered
to the Cortes.

lrt was not assumed in 151 S, when Spain asked our mediation,
bat refused to state the terms to which she was willing to agree.
It was not assumed in 1818, in the Conferences at
Aix-la-Chapelle, in which conferences the question of
an arrangement between Spain and her Americas was
for the first and last time discussed between the Great
Powers of Europe.
After the silence, indeed, which Spain observed as to
the opinion of the Powers assisting at those Conferences,
when laid before her, two things became perfectly clear;
the first, that Spain had at that time no serious intention
of offering any terms such as the Spanish American
Provinces were likely to accept ; the second, that any
subsequent reference of the subject to a Congress must
be wholly fruitless, and unsatisfactory.
From that time forth, Great Britain abstained from
stirring the subject of negociation with the Colonies, till,
in the month of May, 1822, Spain spontaneously an-
nounced to Great Britain, that she had measures in
contemplation for the pacification of her Americas on
a basis entirely new, which basis, however, was not
I explicitly described.
In answer to that notification, Spain was exhorted by
Great Britain to hasten, as much as possible, her nego-
tiation with the Colonies, as the course of events was
evidently so rapid as not to admit of a much longer
delay ; but no suggestion was even then brought forward
by Great Britain, as to the adoption of the basis of
independence.
The first suggestion of that basis came, in fact, from
the Government of Spain itself, in the month of Novem-
ber, 1822, when the British Minister at Madrid re-
ceived an intimation that the Cones meditated opening
negociations with the Colonies on the basis of colonial
inekpendence; negociations which were, in fact, subse-
quently opened, and carried to a successful termination,
with Buenos Ayres, though they were afterwards dis-
avowed by his Catholic Majesty.
It was net till after this lastmentioned communication
from the Sp ,nish Government, that Great Britain ex-
pressed the opinion whi .h she entertained as to the hope-
lessness of negotiating upon any other basis than that
then first suggested by the Spanish Government.
This opinion stated (as has been said) in the first
instance confidentially to Spain, was nearly a twelve-
month afterwards, that is, to say, in the month of Oat.
18'23, mentioned by the undersigned in a conference
with the French Ambassador in London, the substance
of which conference was communicated to Spain, and
to the other Powers. It was repeated and enforced in
the Dispatch from the undersigned to Sir Wm. A'Court,
in January, 1824.

Nothing therefore can be less exact than the supposi-
tion that Britain has uniformly put forward the basis of
independence, as the sine qua non condition of her
counsel and assistance to Spain in negociating with
her Colonies.

To come now to the second charge against Great
Britain, the alleged violation of general international
law—Has it ever been admitted as an axiom, or ever
been observed by any nation or Government, as a prac-
tical maxim, that no circumstances and no time should
entitle a defado Government to recognition? or should
entitle third Powers, who may have a deep interest in
defining and establishing their relations with a deficit)
Government. to do so?
Such a proceeding on the part of third Powers undoubtedly does
not decide the question of right against the mother country.
The Netherlands had thrown off the supremacy of
Spain long befo.e the end of the 16th century ; but
that supremacy was not formally renounced by Spain
till the Treaty of Westphalia, in 1648. Portugal de.
dared in 1640 her independence of the Spanish Mo-
narchy ; but it was not till 1668 that Spain by Treaty
acknowledged that independence.
During each of these intervals the abstract rights of
Spain may be said to have remained unextinguished.
But third Powers did not, in either of these instances,
wait the slow convict on of Spain, before they thought
themselves warranted to establish direct relations, and
even to contract intimate alliances with the Republic
of the United Netherlands, as well as with the new,
Monarchy of the House cf Braganza.
The separation of the Spanish Colonies from Spain
has been neither our work nor our wish. Events in
which the British Government bad no participation, I
decided that separation—a separation which we are still
of opinion might have been averted if our counsels had
been listened to in time. But out of that separation
grew a state of things to which it was the duty of the
Doltish Government (in proportion as it became the
plain and legitimate interest of the nation whose welfave
is committed to its charge) to conform its measures as
well as its language, not hastily and precipitately, but
with due deliberation and circumspection.
To continue to call that a possession of Spain, in
which all Spanish occupation and power had been actu-
ally extinguished and effaced, could render no practical
service to the mother country ;—but it would have
Asked the peace of the world; for all political coo-

•
t •
inanities are responsible to other p.Aitteal communitie •
for their conduct4that is. they are bound to perform
the ordinary international duties, and to afford redress
for any violation of the rights of others by their citizens
or subjects.
Now either the mother country most have continued
responsible for acts over which it could sin longer exer-
cise the shadow of a controul; er the inhabitants of
those countries, whose independent polnical existeoce
was, in fact, established, but to whom tie acknow-
ledgment of that independence aas denied, must have
been place) in a situation in which they were either
wholly irresponsible for all their actions, or were to be
visited for such of those actions as might fur nigh ground
of complaint to other nations with the punishment due
to pit ates and outlaws.
If the former of these alternatives, the total irrespon-
sibility of the unrecognised States, be too absurd to be
maintained, and if the latter, the treatment of their in-
habitants as pirates and outlaws; be too monstrous to
be applied for an indefinite length of time to a large
portion of the habitable globe—no other choice re-
mained for Great Britain, or for any epuntry having
intelcourse with the Spanish American Provinces, but
to recognise, in due time, their political existence as
States, and thus to being them within the pale of those
rights and duties which civilized nations are bound
mutually to respect, and ate entitled reciprocally to
claim from each other.

Ti e example of the late revolution in Fiance, and of
he ultimate happy restoration of his Majesty Louis
XVIII. is pleaded by M. Zea, in illustration of the prin-
ciple of unextioguishable right in a legitimate sove-
reign ; and of the respect to which that right is entitled
from all foreign Powers ; and he calls upon Great
Britain, in justice to her own consistency, to act with the
same reserve towards the new States of Spanish Arne-
rice, which she employed, so much to her honour, to-
wards Revolutionary France.
But can M. Z:a need to he reminded that every
Power in Europe, and specifically Spain amongst the
foremost, not only acknowledged the several successive
Governments de facto, by which the House of Bourbon
was first expelled from the throne of France, and af-
terwards kept for nearly a quarter of a century out of
possession of ir, , but contracted intimate alliances with
them all; and above all, with that which M. Zea justly
describes as the strongest of de facto Governments,
the Government of Bonaparte; against whom, not any
principle of respect for the rights of legitimate Mo-
narchy, but his own ungovernable ambition, finally
brought combined Europe into the field !
There is no use in endeavouring to give a specious colouring to
facts which are now the property of history.
The under signed is therefore compelled to add, that
Great Britain herself cannot justly accept the praise
which M. Zea is willing to ascribe to her in this re-
spect, nor can she claim to be altogether exempted
from the general charge of having treated with the
Powers of the French Revolution.

It is true, indeed, that up to the year 1796, she ab-
stained from treating with revolutionary France long
after other Powers of Europe bad set her the example.
But the reasons alleged in Parliament and in State
Papers, for that abstinence, was the unsettled state of
the French Government. And it cannot be denied
that both in 1796 and 1797, Great Britain opened a
negociation for peace with the Directory of France, a
negociation, the favourable conclusion of which would
have implied a recognition of that lot m of Government
—that in 1801 she made peace with the Consu!ate;
that if in 1806 she did not conclude a Treaty with
Bonaparte, Emperor of France, the negociation was
broken off merely on a question of terms; and that if,
from 1808 to 1814, she steadily refused to I;sten to any
overtures from France, she did so declatedly and no•
toriously on account of Spain alone, whom Bonaparte
•
pet tinamoust perr used to admit as pan y to the negociation.
N ty, further, it cannot be denied, that even in 1814,
the year in which the Bourbon Dynasty was eventually
restored, peace w:,uld have been made by Great Britain
with Bonaparte if he had not been unreasonable in his
demands ; and Spain cannot be ignorant that even after
Bonaparte was set aside, there was question among the
Allies of the possible expediency of placing some other
than a Bourbon on the Throne of France.

The appeal, therefore, to the conduct of the Powers
of Europe, and even to that of Great Britain herself,
with respect to the French Revolution, does but recall
abundant instances of the recognition of de fad() Go-
vernments by Great Britain, perhaps later and more re-
luctantly than by others, but by Great Britain herself,
however reluctant, after the example set to her by the
other Powers of Europe, and specifically by Spain.
There ate two other points in M. Zea s note which
appear to call for particular obset ration.
M. Zea declares that the King of Spain will never
recognise the new States of Spanish America, and that
his Majesty will never cease to employ the force of
arms agrinst his rebellious subjects in that part of the
world.

We have neither the pretension nor the desire to
controul his Catholic Majesty's conduct—but this de-
claration of M. 'Lea comprises a complete justification
of our conduct in having taken the opportunity which,
to us, seemed ripe for placing our relations with the
New States of America on a definite footing. For this
declaration plainly shews that the complaint against us
is not merely as to the mode or the time of our advances
towards those States: it shews that the dispute between
us and Spain is not merely as to the question of fact,
whether the internal condition of any of those States
be such as to justify the entering into definite rela-
tions with them? that it was not merely a reasonable
delay for the purpose of verifying contradictory re-
ports; and of affording opportunity for friendly nego.
ciation that was required of us : it shews that no ex-
tent of forbearance•on our past would have satisfied
Spain, and that, defer our advances towards the New
States as long as we might, we should still have had
to make them without the consent of Spain ; for that
Spain is determined against all compromise, under any
circumstances and at any time, and is resolved upon
interminable war with her late Colonies in America.
M. Zra csodudes with dedarhig that his Catholic Majesty will
protest. in the most solemn assaser, oiliest the measures announced
by the British Government, as existing Treaties, and the
imprescriptibk rights of the Throneain, al
Against what will Spain protest?
It has been proved that no Treaties are violated by us • and we
admit that no question of right is decided by our recognition of the
New States of America.

But if the argument on which this declaration is founded be true,
it is eternal ; and the offence of which we are guilty, in placing our
intercourse with those countries under the protection of Treaties is
one of which no time and circumstance could, in the view of Spain,
have mitigated the character.
Having thus entered with great pain and unwillingness ipto the
several topics of M. Zeb's %Note, the undersigned is directed, in.
conclusion, to express thetanxious hope of his Government that 'r
discussion now wholly wit*out object may be allowed Imre to close.
The undersigned is directed to declare to the Spanish Ministet
that no feeling of ill-will, or even of indifference to the interests of,

'his Catholic Majesty, has prompted the steps Which his
between his Catholic
Government has taken—that his Majesty ►till cberishe,,,, rit
wish for the welfare of Spain—and that his Majesty stigretaili
dieposition, and commands the undersigned again to ren:s'
Catholic Majeity's Government the offer, to etnploy hi, m!°l
have separated the,,,,,,ht
good offices for the bringing about of any amicable arrast,t
(Signed) GEORGE CAltililt;
which---
thwspheakiconh.unnutrYityietofbeAPmraectriiccaabie9

BERWICK-UPON-T
THE Worthy and independent BURGEsstli
BERWICK-UPON-TWEED, RESIDENT n 6
NEAR LONDON, are respectfully requested to MEI,
COMMITTEE of Sir FRANCIS BLAKE, gam at the
Tavern, Fleet-street, on Tnuastuiv Evening next, pre'"
Seven &Clock.

FIRE AT MIRAMICHI, AND OTHER PLACES
THE BRITISH COLONY OF NEW BRUNSWI
it MEETING will be FIELD at the LON
TAVERN, on FRIDAY NEXT, thel2tl in
ONE O'CLOCK, to take into consideration the most
means of AFFORDING the most EARLY RELIEF ti
SUFFERERS in the above Calamity.
The Chair wi Ibe taken by JOHN BAINBRIDGE, El.
Agent for she Colony of New Brunswick,
At Usa &Clasen precisely.
North and South American Coffee House, NOT. o, WI

TIIF, EVEN INC. NTAR,

LUNIION.
-...---
WEDNESDAY, NOVEMBER 9, 1525,
Lou MATOlell DAIrHOIJDAY.
CITY, TWELVE O'CU

This being a dote Holiday at the Bank, Stock Riclucp,
Foreign Market, some of the Brokers have anembki v
Royal Exchange, but no business is doing as yet. Con r,

The admirable State Paper ad hessed by Na
NINO, on the 25th March last, to the Spanish NI,
has already been laid before our Readers. That
wa-, however, only a translation of a translation,
not being able to rely on its authenticity in all t
we abstained at the time horn any comment
contents. We ate now enabled to publish this remat
document in its original and authentic form, int
to call the attention of our Readers at a very
opportunity to the subject of which it treats;—the'
portance of which, in the present state of polit

affairs, is scarcely second to any matter of

that can well arise.

The approach of winter, in the warlike days of
was the harbinger of quiet repose, and compelledi
most pugnacious belligerents to suspend their hostil

and seek for comfortable quarters: In our
the contrary, winter has aroused the martial

of Ireland to run their accustomed career in the
ending war of words. Mr. O'CoNeant. has a
taken the field, not in his usual vocation of orator,
in a long epistle. This assumption of the pen, h
ever, has in point of composition and reasoning,
played his powers to such surprising disadvantage,
we now begin to fear his previous speeches ms
passing through the crucible of his trusty friends of
Daily Press, have undergone a severe process sf tti
ment, else they would have been absolutely unteaml