( 20 ) ese derecho de la ¡lalria potestad, no hay razón para no reco- nocerlo en eslos'casos, y privar de él á aquellos a quienes debe ¡•resumirse que comprende la ley. Creo fanber demostrado, señores, que el patronato es un» verdadera tutela, y que por consiguiente no puede enajenarse por ser un acto odioso, desde que es contrario a los saludables objetos que la ley ha tenido en vista al establecerlo, y a los derechos que ella La querido acordar al liberto. Terminando este trabajo, me permitiré emitir mi opinión, .sobre la conveniencia que resultaría de la promulgación do una ley, que destruyendo radicalmente el mal introducido a este respecto, fijase de un modo claro y esplicito el proceder de los patronos, al enajenar — por causas justificadas — los servicios de sus libertos. — Creo también que no seria menos impor- portante, que se hicieran efectivas las disposiciones délas teyes que determinan, entre las obligaciones del patrono respecto al liberto, la de darlo una educación conveniente, y dedicarlo a un oficio ó profesión, con el cual pueda, en su mayoridad, ad- quirir honestamente medios de subsistencia. — El desuso en que han caído estas disposiciones, deberían llamar seriamente la atención del lejislador : — esas obligaciones son sanciona- das, no solo por las leyes que hablan do la tutela en general, sino especialmente por las de patronato, y su falta de cumpli- miento, con menoscabo de uno de los primeros derechos del li- berto, no debería ser mirada con indiferencia. — La condición de estos seres, señores, reclama la protección que las leyes tan justamente han querido acordarles, y todo aquello quo tienda á su puntual ejecución, es conveniente, moral y de utilidad común á la Sociedad. ARGrENTIKE RE PUBLIC. THE QUESTION BSTWKKIf BUENOS ATEES JJTD TSB PROVTNCES OF THE AEGENTINE CONFEDERA TIO N, iüD THE lUUtl BT WHICH FOBEIGN NATIONS CAS CO-OI'EHAXK IN ITS SOIAJTIOlí. THE QTJESTION BBTWEEN BUENOS ATRBS AND THE PROVINCES OF THE ARGENTINE CONFEDERATION. § 1. The knowledge of the question is a hey to the policy tohich foreign powers ought to. adopt in the Plata. It is not a ques- tion of personality, as is álleged hy Sueños Ayres. Whether it is intended to offer a mediation or an intervention, or to take any part whatever in the question which divides Buenos Ayres from the other proviuces which form the Argentino Bepublic, it is ne- cessary to know thoroughly the nature of that question—what are the causes which have produced it, and what objeets it has in view ? This question is but little known in Europe, although it has been mucb spoken of. There was a special object in making it unintelligible ; and it still ezists. It is sufficient to explain it truly, to show where lies the interest in rendering it so little clear. According to the assertions of the Buenos Ayrians, the whole cause of that question is now confíned to the person of General Ur- quiza, actual Fresident of the Confederation, and to the hatred which he has inspired to them. Urquiza is detested in Buenos Ayres, be- cause he offended it in presenting himself, not dressed sufficiently well, on the day on which he was received there as a liberator (after defeat- ing Rosas) ; because on some occasion he used offensive words in a proclamation ; because he ordered his soldiers to wear red favours, " powers of the globo, as the treaties of July the lOth and the 27th, es- " tablish it ?......Far from it, France and England have ** recognised the contrary principie in several public treaties which they " have made with the Argentine Bepublic; they have admitted that " the navigation of the Párana and the Uraguay ought to be Bubject " exclusively to the laws and regulations which it will seem good to the " Bepublic to decree.......Thus, then, it was impossible " to define, by the ñame of a principie, the free navigation of the internal ** rivers of a State, for all the nations of the globe.* * Here is the French original text:—" Le principe de 1» libre navigation de» riviéres " dont ou établit la reconnaissance comme condition nécessaire pour que Bueno» " Ayres continué a posséder Martin Garcia, n'est point un droit des puissances qui " font le» traites. Les riviéres intérieures appartiennent exolusivement sux puiasancea " riveraines, et cea puissances ont le droit de permettre ou de prohiber leur navigation " aux Drapeaux étrangers. A quelle époque, á quelle occasion la France et 1'Angle- " terre ont-ellea recomíu comme un principe la libre navigation dea rivieree pour toutea " les puissances du monde, comme l'établissent les traites du 10 et da 27 juillet f" " Bien loin de la, la Franco et l'Angleterre ont reconnu le principe contraire " daña plusieure traites publica qu'elles ont faitea aveo la République Argentine; " ellos ont admis que la navigation du Paraná et de l'Uruguay doit s'assujetir " uniqueinent aux lois et aux rég'ementa qu'U plaira a la République d'amostre.s Notwithstanding these concluding words, the Buenos Ayrian go- vernment has pretended that its protestation does not refuse to ac- knowledge the principie of free river navigation, but only the right which the Argentine Confederation had of making these treaties with- out the concurrence of Sueños Ayres. The best mode of proving the sincerity of that assertion would be for Buenos Ayres to accept the treaties of free navigation in principie. But, not only has it not done so to the present time, but even now it still leaves in vigour its protestation of the 31st of August, 1853, wherein it is said that " it has not accepted and will never accept the " mentioned treaties, and does not recognize any of the obligations " which they stipulate." § 4. Solemn protestation of Sueños Ayres against the principie of the sovereignty of the Argentino pcople, of which it forms apart. Could Buenos Ayres protest thus against these treaties, because they had been concluded without its concurrence ? By no me.ms. Por this would be to deny to the Argentine nation the sovereign right of making laws for all the countries which form its territory, or else (what would be the same thing) it would be to deny the principie of the sovereignty of the Argentine people. To deny this principie, as Buenos Ayres has done, to dissimulate its having refused to recognise the principie of freedom of river navigation, is to cover over a scandalous act by a more scandalous one. On this score the protestation of Buenos Ayres, against the validity of the treaties of river freedom made by the confederation, is a manifestó of disorder and anarchy which deserves the most serious attention from foreign governments. It is an authentic proof that it represents a revolution merely, and the destruction of all regular authority. The following are the words of the protestation, in which it denies the sovereign authority of the Argentine people, the only principie of au- thority and of government admitted in these provinces since they eman- cipated themselves from the Spanish authority :—" This principie of au- " thority (the will of the greater number) which is the origin desired to " be given to the power of the congress and of General .Urquiza, over " Ainsi done on ne pouvait déaigner sous la dénomination de principe la libre " navigation dea rivierea intérrieurea d'un Etat, pour toutea les nation» du monde." Memorándum du Governeinent de Buenos Ajn» sur lea traites conclua par lea Ministres de Franee, d'Angleterre et des Etats Unis aveo le general Justo José de Urquiza, touchant la libre navigation des rivierea, le Paraná et l'Uruguay, du 23 Septembre, 1853. I 0 " Buenos Ayres, is the moro odious, that this population and its terri- " tory is spoken of as if it was necessary to consider it as a stnall fraction " of the republic's territory, and the vote of which it was not necessary " to take into account, even in the most important changes. Buenos " Ayres in a body will not believe it. It knows and will ever maintain " that there is no power on earth which can impose its will upon it, if " the people has not contributed to its creation, and does not find itself " represented in a political body......As there is no express *' compact, ñor political bond, which unites the several provinces into " one only moral impersonification, they remain in their natural right, '* without a government superior to that of each of them."* Buenos Ayres calling odious the authority of the greater number of the Argentines, who form the republic of which it recognises itself no small an integral part, and yet denying the existence of any national bond among its provinces, proclaiming that they remain in their natural right, without any power superior to the government of each of them, and maintaiuing that no power on earth has the right to impose its will on it, does more harm to the general interest than in denying the prin- cipie of free river navigation ; since it raises the standard of Filibustry, and renders impossible the settlement of peace by attacking radically every principie of authorUy and of government. §5. Sueños Ayres formrrly goveined the nation by isolating the pro- vinces. Buenos Ayres pursues a calculation of self-interest in this policy of disorder. It takes an interest in the isolated existence of the Argen- tine provinces, and in the absence of a common government, so that the government of its province may fulfil towards them the functions of a national government, as was the case for forty years. And what took place duriug that period P Although scattered and isolated, from the absence of a common government for the interior of the country, the Argentine provinces formed but one republic—the Argentine Republic. All the provinces were convinced of this. All Argentines considered each other, as they really are, fellow-citizens. "Whether disjoined or organized for an in- terior government, the republic always needed an exterior representa- tion. In either case the provinces were obliged to entrust it to the local government residing in the only external part of the country, namely, the government of the province of Buenos Ayres. * Memorándum of the Government of Buenos Ayres, of the 28th of Septetnber, 1853, addreased to the foreign governments, proteating against the treaties of fre» navigation.10 Acting as the proxy of the governrnents of the interior, in tho management of foreign policy, the governor of Buenos Ayres carne to be the representative or agent of Salta, of Tujui, of Mendoza, of Cor- dova, and, finally, of all the fourteen Argentine proviuces. He was the ruler of all the provinces in the matter of foreign policy; that is to say, in what related to peace and war, to treaties of commerce and naviga- tjon, to the establishment and regulation of custom-houses, to the nomi- nation and reception of diplomatic agenta, &c. In all these branches of administration the acts of the Governor of Buenos Ayres were obliga- tory for all the inland provinces. Now, who elected this deputy of fourteen constituents, and to whom was this Foreign Secretary of fourteen provinces indebted for his election ? He was chosen by the only province of Buenos Ayres, without the intervention of any of the other provinces in that election. Buenos Ayres, then, bestowed on the fourteen provinces their President for foreign añairs, since it alone elected its governor, the supreme direc- tor of foreign policy. But who paid this President and his ministers ? The Custom-house revenues of the whole of the'provinces, it is true, but which all flowed into the hands of the Provincial Treasurer of Buenos Ayres. The coffers of Buenos Ayres engulphed the whole of these na- tioual dues, and Buenos Ayres alone therefore paid this President and his ministers. And by whom could they be dismissed from office ? Again, by Buenos Ayres alone ; so that the inland provinces, which had no tihure in the election of their head for foreign aífairs, or control on his retribution, exercised therefore no sort of influence on him, and could expeet no responsibility whatever either from him or from his ministers. The same result took place with regard to the provincial legislature of Buenos Ayres. Elected exclusively by the inhabitants of its province, it discharged the functions of a national congress, in the matter of foreign relations, and it approved or annulled international treaties, which were binding on all the provinces, without the latter having any chance of intervening in their stipulation, either directly or indirectly. Such was the immense advantage derived by Buenos Ayres from the isolation of the Argentine provinces. Por, by reason of that isola- tion, it alone governed them for forty years. 11 § fi. The want of unión among the province* gave to Sueno» JLyres the power of governing them by means of the colonial latos on navigation, which closed all the ports but one. What were the means by which the isolation or anarchy of the provinces brought into the hands of the Bingle province of Buenos Ayres the whole of their cxternal administration ? By the ordinary working of the Spanish colonial laws on river navigation. These laws closed all the Argentine ports to direct foreign commerce, with the exception oí the port of Buenos Ayres. This exception, or colonial privilege, made of Buenos Ayres the capital or metrópolis, of necessity, of all the pro- vinces. So as to have the right of representing abroad the other Argentine provinces, Buenos Ayres prof'essed to be an integral part of the State of the united or confederated provinces. In fact, without being an Argentine province, it could not legitimately represent the others. This is again, even now, its very policy. It preserves its national colour, to have a pretext for interference in the family of the pro- vinces. To keep from the other provinces, along with the monopoly of ei- ternal representation, that of all the Custom-house revenues of direct foreign commerce, which Buenos Ayres also held, it was necessary that there should be no general government created directly and immediately by the provinces, since the mere existence of such a government would have stopped all the proflts which its absence left to the local govern- ment of Buenos Ayres. Therefore, to prevent the creation of all national Argentine govern- ment was, for Buenos Ayres, to defend and preserve the national power and revenues, which it held provisionally because there was no common government. The possession of the national power and of its resources facilitated for Buenos Ayres the work of preventing the other provinces, which were disunited and impoverished, from creating a common national go- vernment. The provinces tried it several times. They fought for it against Buenos Ayres. In many domestic treaties of peace, which put an end to those civil wars, Buenos Ayres promised to co-operate in the creation of a common government, and in the opening of the river ports to foreign trade so that this government might receive revenues for itB maintenance. It was the same as promising them that some day or other it would destroy itself with its own hands. It never fulfílled those treaties, and the provinces becaiue convinced that attention to their compact niust be obtained by main forcé.12 §7. Motiven qfnational interest which TIrquiza had to hring ábout the fall of Sosas.—Sestoration qf the cause qf Basas by his suc- cessors in the localgovernment qf Sueños Ayres.—Political object for which Sueños Ayres separated itself from the Argentino Con- federation.—Sy whom has the Jree navigation qf the rivers Leen proclaimed, and who is interested in its preservation ? This was the original object of the war -which was declared against Buenos Ayres, in 1852, by General Urquiza, as the head of a pro- vince which possessed fine ports for foreign trade, but which were closed by the policy of Buenos Ayres. Having defeated General Rosas, governor of that province, Urquiza convened all the others to agree on the means of creating a general government, and of regulating the navi- gation of the rivers, as the basis of the existence of that government. That Convention was signed at San Nicolás de los Arroyos, in May, 1852, by all the governments of the provinces, including that of Buenos Ayres. But in June, 1852, Buenos Ayres, as was to be expected, protested against this preparatory agreement for the constitution of a general government. Then, and on this account, began the opposition, which is still kept up, between Buenos Ayres and General Urquiza, as head of the national government. Notwithstanding that protestation from Buenos Ayres, and its delibérate withdrawal or separation, the provinces created a general government, relying on the principie of the authority of the majority. They form, and really are, the national majority, since they contain a million of Argentines ; while Buenos Ayres, with half its population consisting of foreigners, scarcely contaius three hundred thousand inhabitanta. As a national majority, the provinces could certainly legislate for the dissentient minority. Buenos Ayres itself, in giving birth to the Argentine revolution against Spain, in 1810, pro- claimed the sovereignty qf the Argentine people, composed of the united provinces. In every Federal or Unitarian Constitution, that people has preserved its identity or individuality of sovereign state, under the ñame of Argentine Sepublic or Confederation. Every one of its laws, either local or general, is a proof that all the provinces formed one solé nation. In the many treaties which that nation has made with foreign nations, Buenos Ayres figures as an integral province of it. Its standard, colours, seal, and coat-of-arms (all of which Buenos Ayres continúes to use to this day) belong to the Argentine Jfepublic. To se- cure to the only Argentine government the means of a fixed and re- spected existence, and to prevent that the Custom-house revenues of the provinces, and the exclusive right of representing them abroad, 13 Bhould fall again into the hands of the province of Buenos Ayres, it was necessary to take away from that province the monopoly of river navi- gation, kept up to the detriinent of foreign ships. General Urquiza, as head of the provinces, abolished the colonial laws, which closed the rivers, by a decree issued on the 28th of August, 1852. He promulgated this decree in the exercise of the foreign political direction, which had been entrusted to hini by all the provinces, including that qf Sueños Ayres. On this account, Buenos Ayres had to accept the opening of the rivers ; but it hastened to reject the national authority of General Urquiza, so as to prevent the formation of a national government. Such was the object of its revolution of the llth of September, 1852. It thus isolated itself from the other provinces, with the view of pre- veuting them from creating a common government, just as it had done on several other occasions. "When it held the monopoly of foreign trade, and the revenues of the customs, it left the other provinces without the resources necessary to constitute a national government, whenever it chose to take an isolated position. But, so that its isolation, on this occasion, might not produce the same eífect, General Urquiza gave an additional extensión to the treedom of river navigation (proclaimed on the 28th of August), by a new decree, dated on the 3rd of October, 1852, by whicb he extended the freedom of navigation to foreign ships of war and to mercantile ships of every size. § 8. Sueños Ayres seems to adhere to free river navigation, the better to combat it. Its isolation is an active hostility against that free- dom. As Buenos Ayres could not cióse the ports, which had been opened by making use of the authority which it had itself delegated to General Urquiza, it apparently adherecí to the opening of the ports of the pro- vinces, by a provincial law which it passed on the 18th of October, 1852 ; and in which it declared, as a principie, the e&pediency (not the right) of navigation in the Kio Plata for foreign nations. It is known that the JJio Plata was open to navigation from the time of the Spaniards.* This law was a mask to combat with more security the freedom of navigation, which was the death-blow of the monopoly of Buenos * See the local law of Buenos Ayres, on the 18th of October, 1852, in the official edition of its protestation against the free navigation of the rivera, and in the twoedi- tions of the pamphlet of Señor Balcarce.14 Ayres. General Urquiza had proclaimed, not as mere " expediency," but as " a principie of public Argentine Constitutional right," the free- dom of all rivera flowing into the Plata (26th article of the Federal Constitution). To render that principie irrevocable and perpetual, and that it should not remam consigned in a law Hable to be suppressed by another law, General Urquiza introduced it in international treaties, which he signed with England, France, and the United States, in July, 1853. When Buenos Ayres saw that, by that means, the freedom of the rivers became a real fact, it threw aside the mask of its law of October upon the freedom of navigation ; and, hardly a year after having issued it (on the 31st of August, 1853), it protested " before God aud men " against the ¡Ilegal proceeding of General Urquiza, in the fact of his " having made and concluded treaties of navigation, for the rivers of the " interior, with the Ministers of England, France, and the United States." As, however, the signing nations ratified them, notwitbstanding that protestation, Buenos Ayres protested in another way against the effects of the said treaties. It separated its river territory, from the general authority of the nation which had signed them, by means of the local constitution which it sanctioned on the llth of April, 1854. That constitution is the code of its own system of anarchy, and a chal- lenge thrown out against the peace of the Argentine provinces. This is not because it may not possess a provincial constitution ; for in the organization of the Argentine Bepublic, for internal government, each province has a local constitution. Provinces are constituí ey its uuion iSucli a treaty would be a proniise of unión for the future (hasis the lst), with the eoiidition of remaining separated for the prenent (basi:» the 2ud). Ab in all tito treaties of the. kind made proviously botween Buenos Ayres and the provinces. unión was the ostensible object, but disunion the rt-al eiul in view. The treaty recently proposed is the expression of the traditioual poüey of Buenos Ayres, for the lnst forty years, towards the Argentiue provinces. It is the resume of the treaties of 1822, 1831, 1804, and 1855. In alJ these domestic compacta or couveutions, eoneluded on the proposal of Buenos Ayres as a means of solving the same qnestion ns that debated at present (which is as oíd as the revolution against ¡Sj¡aiu). the object was to divide the Ropublie into two pjirties ; nnmely, that of Hítenos Ayres, on one aide, and t!iat of the provinces on the other. The former was to govern, und the latter was to accept what the former did without its participation. Buenos Ayres performed the tirt-t part for forty years ; the provinces, and that is to say the nation, performed the latter. Not beiug able to govern them, when united by a Constitution, Buenos Ayres governed the nation by dividiug it by compacta whi«:h promised unión at a future time. Buenos Ayres would prefer unión immediately, if that unión gave it the power which it aceks by división. In that sensc, it is sincere vihen it says that it desires unión: it re- «juires only to be added—that it wishes to unite the nation to the province, insttad of uniting the province to the nation ; that is to say, to subordínate the national ArgCiitine sovereignty to the sovereignty of the province of Buenos Ayres, and not vice versá. It is not euoiigb for it to preside over the Union, to be the Capital of the Confederation. The l'ederal Constitution, which it rejoots at present, gives it that rank. The third artiole of the Constitution which rules the Provinces, says i " Tho authoritios who carry on the federal Government reside in the " town of Buenos Ayres, which is declared the capital of the Con- " federation by a special law." Buenos Ayrea prefers to be the metrópolis of thirteen colonies-, than to be the capital of thirteen provinces cqual to itself. For forty ing the crention of a national govemment, as a means of dominution over the olhur provinces, in cousequence of their die. uuion and mutual isolution.34. yeaxa it governed the Provinee», without their tnkmg «i»y part in thcir owa governmeut with regará to foreign atíairB. To obtain this, Buenos Ayree alway* reinained out of the comniiuiiry. It acoepted the unión as a promise, and it required división as a preliminary condition ; «o that, to.arrive at unión, it began by keeping it at a diftance. This is what Buenos Ayres aetually pretenda at present, and its last project of treaty is an oxpression and pruof of the unehangeable nature of its policy. To attain its end, it admits, by tbe firet basis, that tbere is an Ar- gentine Bx'public, a national integrity. Without being Argentine, Buenos Ayres could have no title to ropreseut and govcru tho Argen- tinos. But, not to be govemed by them, it reraoves at a distaneeall eornmon compact of unión or constitution which would eompromise it into re- speetiug the majority; and, instead, it proposes preparatory oompacts for a future uuiou, whieh it does not deaire, like in tho treaties of 1854 and 1855 which divided the Argentino ltopublio into two governoiente and two different countries. It is preciscly in those treaties thnt began the system of diatinguishing between Buenos Ayres and the Argentine Coufedoration. On those compacta of r \ú dismemborment (which Buenos Ayres an- nuJled by invadiug the provinee of Santa Pe, and which it wants to re-establish nowj rests the pretended right of Buenos Ayres to have direct diplomatic relations. •Such an attitudo—ambiguous, double, without politieal colouring, only suitable to elude all responsibilitieB,— is that which Buenos Ayres alway s look, and whieh it stiü wishes to take at present. Ou the ono side. to belong to the Argentine nation, to have tbe right of interfering in its aff'airs and representing it abroad ; and, on the other, to abstuin from being a party to the creation of a uational government, to have a pretext for disregarding and eluding its authority. This is to live as a State in a State, so as not to receive the law from the Argentine people, and not to be govemed by a majority of its fe)low-eitÍ7.ens, and so that the laws which Buenos Ayres obeys be niado exclusivelv by Pártenos (the port men), but never by a jnajority of tbe citizens of the nation,—that is to say, by Arqentines. With a foot inside the house and anotlier in the street, Bueno» Ayres wishes to bo Argentine, when the question is to govern the pro- vínoos, and tbreign, if it is required to obey the majority of Argentiues. By coufuaing tho government with tho nation, Buenos Ayres pretende that it is possible to belong to the nation and to live in it without de- pendiug from the national authority, sitnply by abstaining from conati- tuting such an authority. 35 In fact no one, even in Buenos Ayres, has any idea of thero being two Argentine nations ; two nation-» with the samo ñamo, tho same colours, the samo coat of arma, the same seal, and the children of whom are fellow-countrynion aud citizens. That is the reason why Buenos Ayres does not cali itself a " nation ¡" it calis itaelf a " State,"—a State of a Confederatioa, whieh aecepts or rejeets, which lessens or ulereases according as it finds itself at the head orón tho level of other provinces. It invokes the federal system to justify such an attitude ; but the repre- sentativo of the first Confederation in the world, has just told it, that an a Stato of the Argentine Confederation, at the head of which it lately appeared as such before other nations, it ought to entrust esternal policy to the Government which represents the majority of the Union, instead of pretending that the whole Union of tbe Provinces should entrust its externa! policy to the Provincial authority of Buenos Ayres. The iatter pretensión is a denial of all principie of national existence and authority. Unfortunately, that is the ground on which Buenos Ayres takes its stand. Buenos Ayres destroyed the authority of Spain, in 1810, and pro- claimed, as a principio of national authority, the sovereigntg of the Ar- gentine people. Buenos Ayres, in undertakiug that revolution, anuounced to tho world that the people of the United Provinces of the Bio de la Plata was arrived at its state of manhood, and that it could govern itself. ?í evertheless at the present day, after balf a eentury, it refusea to acknowtedge tbe sovereign authority of tho Argentine people whieh it proclaimed, and it declares, like another Guatemala, " that it recognises, on earth, no other authority as superior to that of ite pro- vinee." Buenos Ayres, then. in accordance with this, in the isolated position whieh it has assumed, represents mere disorder, the rejection of all principie of national authority, the absence of all regular national go- vernment ; in a word, the principie of the dissolution of the Argentine Bepublic. To support this policy of perdition, Buenos Ayres seeks or solicita the indirect co-operation of the foreign nations which are materially interested in seeing secured the peace of the Plata countries ! To find peace in that way would be, for those nations, to obtain a peace cstab- lished by ni i ráele, a peace fallen from lleaven; instead of its being, as it is every where else, peace as a work of the authority of a Nation. D. Un, PrmWr.'tó, I.auiib'4 Conduit Streot, W.C.