Mr. Clay to Mr. Canaz. Department of State, SIR: I have the honor to acknowledge the receipt of your official note of the 14th instant, communicating an invitation from the Government of the Federation of the Centre of America, to that of the United States, to the contemplated Congress at Panama. Having laid it before the President, I am instructed by him to say, that the United States, always feeling the deepest interest in whatever concerns the prosperity of the American hemisphere, and receiving, with great sensibility, this new proof of the friendly esteem of the Government of the Central Republic, will be represented at that Congress, if the Senate of the United States should so advise and consent. That body will assemble in the course of a few days. and, if it concur with the President, Commissioners from the United States will be deputed to Panama, without any unnecessary delay These Commissioners will be empowered and instructed upon all questions which may appear to this Government, to be likely to arise in the Congress, on subjects in which the Nations of America may be supposed to have a common interest. I avail myself of the occasion to offer you, Sir, assurances of my distinguished consideration. DON ANTONIO JOSE CANAZ, Envoy Extraordinary and Minister Plenipotentiary from Central America. H. CLAY. The Message, and the accompanying documents, were read. Ordered, That they be printed in confidence for the use of the members. On motion, WEDNESDAY, DECEMBER 28, 1826. Ordered, That the Message of the President of the United States, of the 26th instant, nominating Richard C. Anderson and John Sergeant, to be Envoys Extraordinary and Ministers Plenipotentiary to the Assembly of American Nations at Panama, be referred to the Committee on Foreign Relations, to consider and report thereon. Mr. Branch submitted the following motion for consideration, which was read, and ordered to be printed in confidence, for the use of the members. Whereas the President of the United States, in his opening Message to Congress, asserts, that "invitations had been accepted, and that "Ministers on the part of the United States would be commissioned to attend the deliberations at Panama," without submitting said nominations to the Senate: And whereas, in an Executive communication of the 26th day of December, 1825, although he submits the no minations, yet maintains the right, previously announced in his opening Message, that he possesses an authority to make such appointments, and to commission them without the advice and consent of the Senate: And whereas a silent acquiescence on the part of this body may, at some future time, be drawn into dangerous precedent: therefore, Resolved, That the President of the United States does not constitutionally possess either the right or the power to appoint Ambassadors or other public Ministers, but with the advice and consent of the Senate, except when vacancies may happen in the recess. TUESDAY, JANUARY 3, 1826. The Senate proceeded to the consideration of the motion, submitted on the 28th December, relative to the extent of the Executive Power; and Ordered, That it lie on the table. WEDNESDAY, JANUARY 4, 1826. On motion of Mr. Macon, Resolved, That the President of the United States be requested to communicate to the Senate, confidentially, any conventions in possession of the Executive, between any of the new States of America, relative to the proposed Congress of Panama; and also, any other information upon that subject, not heretofore communicated, tending to show the propriety of the United States sending Ministers to said Congress. TUESDAY, JANUARY 10, 1826. The following message was received from the President of the United States, by Mr. John Adams, Jr. To the Senate of the United States: WASHINGTON, 9th January, 1826. In compliance with a resolution of the Senate, of the 3d instant, I communicate herewith in confidence, a report from the Secretary of State, with translations of the conventions, and documents, containing information of the nature referred to in the said resolution. JOHN QUINCY ADAMS. The Secretary of State, to whom the President has referred the resolution of the Senate, of the 3d of January, 1826, requesting him to communicate to the Senate, confidentially, any Conventions in pos session of the Executive, between any of the new States of America, relative to the proposed Congress of Panama; and, also, any other information upon that subject, not before communicated, tending to shew the propriety of the United States sending Ministers to said Congress, has the honor to report: That, in compliance with the first part of the resolution, Conventions are herewith presented, between The Republic of Colombia and that of Chile; The Republic of Colombia and Peru; The Republic of Colombia and the Federation of the Centre of America; and The Republic of Colombia and the United Mexican States. That the latter part of the resolution of the Senate opens a wide field, and might be made to embrace all the foreign relations, American and European, of the United States; but it is presumed that it was not intended to have this extended scope. Under this impression, certain parts of the correspondence between the Executive Government of the United States and the Governments of Russia, France, Colombia, and Mexico, of which a descriptive list accompanies this report, and which are supposed to have such a connexion with the resolution of the Senate, as to render their communication acceptable, are now respectfully laid before the President. The negotiations to which a portion of this correspondence relates, being yet in progress, the propriety of the confidential restriction which the Senate itself has suggested, must be quite evident. All which is respectfully submitted. DEPARTMENT OF STATE, Washington, 9th January, 1826. H. CLAY. ENCLOSURES. The four treaties referred to. Mr. Clay to Mr. Middleton, 10th May, 1825. Translations. Mr. Middleton to Mr. Clay, 15th (27th) July, do. do. do. do. Translation. do. Copy. Same to Mr. Salazar, 20th December, do. do. * Copy of the note to Mr. Obregon, not sent, being, in substance, the same as that to Mr. Salazar, of the same date. COLOMBIA AND CHILE, [TRANSLATION.] Francisco de Paula Santander, of the Liberators of Venezuela and Cundinamarca, decorated with the cross of Boyacá, General of Division of the Armies of Colombia, Vice President of the Republic, charged with the Executive power, &c. &c. &c. To all who shall see these presents, greeting: Whereas there has been concluded and signed, in the City of Santiago de Chile, on the twenty-first day of October, in the year of Grace one thousand eight hundred and twenty-two, between the Republic of Colombia and the State of Chile, by means of Plenipotentiaries sufficiently authorized by both parties, a treaty of perpetual union, league, and confederation, the tenor whereof is, word for word, as follows: In the name of God, the Author and Legislator of the Universe: The Government of the Republic of Colombia, on the one part, and on the other that of the State of Chile, animated with the most sincere desire of putting a speedy termination to the calamities of the present war, to which they have been incited by the Government of His Catholic Majesty, the King of Spain, by effectually co-operating, for so important an object, with all their influence, resources, and forces, by sea and land, to secure forever to their respective people, subjects, and citizens, the precious enjoyments of their internal tranquillity, of their liberty and national independence: and his excellency the Liberator, President of Colombia, having, for that purpose, conferred full powers upon the honorable Joaquin Mosquera and Arbolida, member of the Senate of the Republic of the same name; and his excellency the Supreme Director of the State of Chile, upon his Ministers of State in the Departments of Government and Foreign Relations, D. Joaquin de Echeverria, and in those of Finance and War, D. José Antonio Rodriguez; they, after having exchanged, in good and due form, the said powers, have agreed on the following articles: ARTICLE 1. The Republic of Colombia and the State of Chile are united, bound, and confederated, in peace and war, to maintain with their influences and forces, by sea and land, as far as circumstances permit, their independence of the Spanish nation, and of any other foreign domination whatsoever, and to secure, after that is recognized, their mutual prosperity, the greatest harmony and good understanding, as well between their people, subjects, and citizens, as with other Powers with which they may enter into relations. ARTICLE 2. The Republic of Colombia and the State of Chile, therefore, voluntarily promise and contract a league of close alliance and firm and constant friendship, for the common defence, for the se curity of their independence and liberty, for their reciprocal and general good, and for their internal tranquillity, obliging themselves to succor each other, and to repel, in common, every attack or invasion which may, in any manner, threaten their political existence. ARTICLE S. In order to contribute to the objects pointed out in the foregoing articles, the Republic of Colombia binds itself to assist, with the disposable sea and land forces, of which the number, or its equivaJent, shall be fixed at a meeting of Plenipotentiaries. ARTICLE 4. The State of Chile shall also contribute, with the disposable sea and land forces, of which the number, or its equivalent, shall be likewise fixed at the said meeting. ARTICLE 5. In cases of sudden invasion, both parties shall be empowered to act in a hostile manner in the territories of the dependence of either, whenever circumstances of moment prevent their acting in concert with the Government to which the sovereignty of the invaded territory belongs. But the party so acting shall fulfil, and cause to be fulfilled, the statutes, ordinances, and laws, of the respective States, so far as circumstances permit, and cause its Government to be respected and obeyed. The expenses which shall be incurred in these operations, and others which may be incurred in consequence of the third and fourth articles, shall be liquidated by separate Conventions, and shall be made good one year after the conclu sion of the present war. ARTICLE 6. To secure and perpetuate, in the best mode possible, the good friendship and correspondence between both States, their subjects and citizens, they shall have free entrance and departure in their ports and territories, and shall enjoy there all the civil rights and privileges of trade and commerce, being subjected only to the duties, imposts, and restrictions, to which the subjects and citizens of each of the contracting parties shall be subject. ARTICLE 7. In virtue hereof, the vessels and territorial productions of each of the contracting parties shall pay no higher duties of importation, exportation, anchorage, and tonnage, than those established, or to be established, for those of the Nation in the ports of each State, according to the existing laws; that is to say, that the vessels and productions of Colombia shall pay the duties of entering and departure in the ports of the state of Chile as Chileans, and those of the state of Chile as Colombians in those of Colombia. ARTICLE 8. Both contracting parties oblige themselves to furnish what assistance may be in their power to the ships of war and merchant vessels that may come to the ports belonging to them on account of damage or for any other cause, and as such they shall be empowered to careen, repair, provision, arm, augment their armament and their crews, so as to enable them to continue their voyages or cruises at the expense of the state or individuals to whom they belong. ARTICLE 9. In order to avoid the scandalous abuses which may be caused by privateers armed on account of individuals to the injury of the national commerce, and neutrals, both parties agree in extending |