SONS OF DEWITT COLONY TEXAS
© 1997-2003, Wallace L. McKeehan, All Rights Reserved
Mexican Independence

Plan of Iguala | Treaty of Cordova | Annulment Decree by the Spanish Cortes
Iturbide's Proclamation | Iturbide's Exile Decree | Annulment of the Plans

PLAN OF IGUALA
24 Feb 1821

1. La religión de la Nueva España, es y será la católica, apostólica, romana, sin soberanía de otra alguna.
2.  La Nueva España es independiente de la antigua y de toda potencia, aún de nuestro continente.

3.  Su gobierno será monarquía moderada, con arreglo á la constitución peculiar y adaptable del reino.
4.  Será su emperador el señor don Fernando VII, y no presentándose personalmente en México dentro del término que las Cortes señelasen á prestar el juramento, serán llamados en su caso el serenísimo señor infante don Carlos, el señor don Francisco de Paula, el archiduque Carlos ú otro individuo de casa reinante que estime por conveniente el Congreso.
5.  Interín las Cortes se reunan, habrá una junta que tendrá por objeto tal reunión y hacer que se cumpla con el Plan en toda su extensión.
6.  Dicha junta, que se denominará gubernativa, debe componerse de los vocales de que habla la carta oficial dirigida al excelentísimo señor virey.
7.  Interín el señor don Fernando VII se presenta en México y hace el juramento, gobernará la junta á nombre de Su Majestad, en virtud del juramento de fidelidad que le tiene prestado la nación; sin embargo de que se suspenderán todas las órdenes que diese, interín no haya prestado dicho juramento.
8.  Si el señor don Fernando VII no se dignare venir á México, interín se resuelve el emperador que debe coronarse, la junta ó la regencia mandará en nombre de la nación.
9.  Este gobierno será sostenido por el ejército de las Tres Garantías, de que se hablará después.
10.  Las Cortes resolverán la continuación de la junta ó si debe sustituirla una regencia, interín llega la persona que deba coronarse.
11.  Las Cortes establecerán enseguida la Constitución del imperio mexicano. sdct
12.  Todos los habitantes de la Nueva España, sin distinción alguna de europeos, africanos ni indios, son ciudadanos de esta monarquía con opción á todo empleo, según su mérito y virtudes.
13.  Las personas de todo ciudadano y sus propiedades serán respetadas y protegidas por el gobierno.
14.  El clero secular y regular será conservado en todos sus fueros y preeminencias.
15.  La junta cuidará de que todos los ramos del Estado queden sin alteración alguna, y todos los empleados políticos, eclesiáticos, civiles y militares, en el estado mismo en que existen en el día.
16.  Se formará un ejército protector que se denominará de las Tres Garantías, porque bajo su protección toma, lo primero, la conservación de la religión católica, apostólica, romana, coperando por todos los medios que estén á su alcance, para que no haya mezcla alguna de otra secta y se ataquen oportunamente los enemigos que puedan dañarla; lo segundo, la independencia bajo el sistema manifestado; lo tercero, la unión íntima de americanos y europeos; pues garantizando bases tan fundamentales de la felicidad de Nueva España, antes que consentir la infracción de ellas, se sacrificará dando la vida del primero al último de sus individuos.
17.  Las tropas del ejército observarán la más exacta disciplina á la letra de las ordenanzas, y los jefes y oficialidad continuarán bajo el pie en que están hoy; es decir en sus respectivas clases con opción a los empleos vacantes y que vacasen por los que no quisieren seguir sus banderas ó cualquier otra causa, y con opción á los que se consideren de necesidad ó conveniencia.
18.  Las tropas de dicho ejército se considerarán como de línea.
19.  Lo mismo sucederá con las que sigan luego este Plan. Las que no lo difieran, las del anterior sistema de la independencia que se unan inmediatamente á dicho ejército, y los paisanos que intenten alistarse, se considerarán como tropas de milicia nacional, y la forma de todas para la seguridad interior y exterior del reino lo dictarán las Cortes.
20.  Los empleos se concederán al verdadero mérito, á virtud de informes de los respectivos jefes y en nombre de la nación provisionalmente.
21.   Interín las Cortes se establecen, se procederá en los delitos con total arreglo á la Constituciónespañola.
22. En el de conspiración contra la independencia, se procederá á prisión, sin pasar á otra cosa hsta que las Cortes decidan la pena al mayor de los delitos, después del de lesa Majestad divina.
23.  Se vigilará sobre los que intenten fomentar la desunión, y se reountarán como conspiradores contra la independencia.
24.  Como las Cortes que van á instalarse han de ser constituyentes, se hace necesario que reciban los diputados los poderes bastantes para el efecto; y como á mayor abundamiento es de mucha importancia que los electores sepan que sus representantes han de ser para el Congreso de México y no de Madrid, la junta prescribirá las reglas justas para las elecciones y señalará el tiempo necesario para ellas y para la apertura del Congreso. Ya que no puedan verificarse las elecciones en marzo, se estrechará cuanto sea posible el término.
Villa de Iguala, 24 de Febrero de 1821.  [Archival Spanish version] sdct 


ART. 1. The Mexican nation is independent of the Spanish nation, and of every other, even on its own Continent.
ART. 2. Its religion shall be the Catholic, which all its inhabitants profess.
ART. 3. They shall be all united, without any distinction between Americans and Europeans.
ART. 4. The government shall be a constitutional monarchy.
ART. 5. A junta shall be named, consisting of individuals who enjoy the highest reputation in the different parties which have shown themselves.
ART. 6. This junta shall be under the presidency of his Excellency the Count del Venadito, the present Viceroy of Mexico.
ART. 7. It shall govern in the name of the nation, according to the laws now in force, and its principal business will be to convoke, according to such rules as it shall deem expedient, a congress for the formation of a constitution more suitable to the country.
ART. 8. His Majesty Ferdinand VII shall be invited to the throne of the empire, and in case of his refusal, the Infantes [princes] Don Carlos and Don Francisco de Paula.
ART. 9. Should his Majesty Ferdinand VII and his august brothers decline the invitation, the nation is at liberty to invite to the imperial throne any member of reigning families whom it may select.
ART. 10. The formation of the constitution by the congress, and the oath of the emperor to observe it, must precede his entry into the country.
ART. 11. The distinction of castes is abolished, which was made by the Spanish law, excluding them from the rights of citizenship. All the inhabitants of the country are citizens, and equal, and the door of advancement is open to virtue and merit.
ART. 12. An army shall be formed for the support of religion, independence, and union, guaranteeing these three principles, and therefore it shall be called the army of the three guarantees.  sdct
ART. 13. It shall solemnly swear to defend the fundamental bases of this plan.
ART. 14. It shall strictly observe the military ordinances now in force.
ART. 15. There shall be no other promotions than those which are due to seniority, or which shall be necessary for the good of the service.
ART. 16. This army shall be considered as of the line.
ART. 17. The old partisans of independence who shall immediately adhere to this plan, shall be considered as individuals of this army.
ART. 18. The patriots and peasants who shall adhere to it hereafter, shall be considered as provincial militiamen.
ART. 19. The secular and regular priests shall be continued in the state in which they now are.
ART. 20. All the public functionaries, civil, ecclesiastical, political, and military, who adhere to the cause of independence, shall be continued in their offices, without any distinction between Americans and Europeans,
ART. 21. Those functionaries, of whatever degree and condition, who dissent from the cause of independence, shall be divested of their offices, and shall quit the territory of the empire, taking with them their families and their effects.
ART. 22. The military commandants shall regulate themselves according to the general instructions in conformity with, this plan, which shall be transmitted to them.
ART. 23. No accused person shall be condemned capitally by the military commandants. Those accused of treason against the nation, which is the next greatest crime after that of treason to the Divine Ruler, shall be conveyed to the fortress of Barrabas, where they shall remain until the congress shall resolve on the punishment which ought to be inflicted on them.
ART. 24. It being indispensable to the country that this plan should be carried into effect, in as much as the welfare of that country is its object, every individual of the army shall maintain it, to the shedding (if it be necessary) of the last drop of his blood.
Town of Iguala, 24th February, 1821.  From Appendix 1 of Iturbide, Agustin. Memoirs of Agustin De Iturbide. Documentary Publications, Washington, DC, 1971 sdct 


TREATY OF CORDOVA
Agreement on the Independent Kingdom of Mexico
24 Aug 1821

 

>Don Juan O'DonnojuTreaty concluded in the Town of Cordova on the 24th of August, 1821, between Don Juan O'Donnoju, Lieutenant-General of the Armies of Spain, and Don Augustin de Iturbide, First Chief of the Imperial Mexican Army of the "Three Guarantees."

>New Spain having declared herself independent of the mother country; possessing an army to support this declaration; her provinces having decided in its favour; the capital wherein the legitimate authority had been deposed being besieged; the cities of Vera Cruz and Acapulco alone remaining to the European government ungarrisoned, and without the means of resisting a well directed siege of any duration, Lieut.-Gen. Don Juan O'Donnoju arrived at the first, named port in the character and quality of Captain General and first political chief of this kingdom, appointed by his most Catholic Majesty, and being desirous of avoiding the evils that necessarily fall upon the people in changes of this description, and of reconciling the interests of Old and New Spain, he invited the First Chief of the imperial army, Don Augustin de Iturbide to an interview in order to discuss the great question of independence, disentangling without destroying the bonds which had connected the two Continents. This interview took place in the town of Cordova, on the 24th of August, 1821, and the former under the character with which he came invested, and the latter as representing the Mexican empire, having conferred at large upon the interests of each nation, looking to their actual condition and to recent occurrences, agreed to the following Articles, which they signed in duplicate, for their better preservation, each party keeping an original for greater security and validity.

>Iturbide1st. This kingdom of America shall be recognised as a sovereign and independent nation; and shall, in future, be called the Mexican Empire.
2d. The government of the empire shall be monarchical, limited by a constitution.
3d. Ferdinand VII, catholic king of Spain, shall, in the first place, be called to the throne of the Mexican Empire, (on taking the oath prescribed in the 10th Article of the plan,) and on his refusal and denial, his brother, the most serene infante Don Carlos; on his refusal and denial, the most serene infante Don Francisco de Paula; on his refusal and denial, the most serene Don Carlos Luis, infante of Spain, formely heir of Tuscany, now of Lucca; and upon his renunciation and denial, the person whom thp cortes of the empire shall designate.
4th. The emperor shall fix his court in Mexico, which shall be the capital of the empire.
5th. Two commissioners shall be named by his excellency Senor O'Donnoju, and these shall proceed to the court of Spain, and place in the hands of his Majesty king Ferdinand VII, a copy of this treaty, and a memorial which shall accompany it, for the purpose of affording information to his Majesty with respect to antecedent circumstances, whilst the cortes of the empire offier him the crown with all the formalities and guarantees which a matter of so much importance requires; and they supplicate his Majesty, that on the occurrence of the case provided for in Article 3, he would be pleased to communicate it to the most serene infantes called to the crown in the same article, in the order in which they are so named; and that his Majesty would be pleased to interpose his influence and prevail on one of the members of his august family to proceed to this empire, inasmuch as the prosperity of both nations would be thereby promoted, and as the Mexicans would feel satisfaction in thus strengthening the bands of friendship, with which they may be, and wish to see themselves, united to the Spaniards.
6th. Conformably to the spirit of the "Plan of Iguala," an assembly shall be immediately named, composed of men the most eminent in the empire for their virtues, their station, rank, fortune, and influence; men marked out by the general opinion, whose number may be stifficiently considerable to insure by their collective knowledge the safety of the resolutions which they may take in pursuance of the powers and authority granted them by the following articles.
7th. The assembly mentioned in the preceding article shall be called the 11 Provisional Junta of Government."
8th. Lientenant-General Don Juan O'Donnoju shall be a member of the Provisional Junta of Government, in consideration of its being expedient that a person of his rank should take an active and immediate part in the government, and of the indispensable necessity of excluding some of the individuals mentioned in the above Plan of Iguala, conformably to its own spirit.
9th. The Provisional Junta of Government shall have a president elected by itself from its own body, or from without it, to be determined by the absolute plurality of votes; and if on the first scrutiny the votes be found equal, a second scrutiny shall take place, which shall embrace those two who shall have received the greatest number of votes.  sdct
10th. The first act of the Provisional Junta shall be the drawing up of a manifesto of its installation, and the motives of its assemblage, together with whatever explanations it may deem convenient and proper for the information of the country, with respect to the public interests, and the mode to be adopted in the election of deputies for the cortes, of which more shall be said hereafter.
11th. The Provisional Junta of Government after the election of its president, shall name a regency composed of three persons selected from its own body, or from without it, in whom shall be vested the executive power, and who shall govern in the name and on behalf of the monarch till the vacant throne be filled.
12th. The Provisional Junta as soon as it is installed, shall govern ad interim according to the existing laws, so far as they may not be contrary to the "Plan of Iguala," and until the cortes shall have framed the constitution of the state.
13th. The regency immediately on its nomination, shall proceed to the convocation of the cortes in the manner which shall be prescribed by the Provisional Junta of Government, conformably to the spirit of Article No. 7 in the aforesaid "Plan."
14th. The executive power is vested in the regency, and the legislative in the cortes; but as some time must elapse before the latter can assemble, and in order that the executive and legislative powers should not remain in the hands of one body, the junta shall be empowered to legislate; in the first place, where cases occur which are too pressing to wait till the assemblage of the cortes, and then the junta shall proceed in concert with the regency; and, in the second place, to assist the regency in its determinations in the character of an auxiliary and consultative body.
15th. Every individual who is domiciled amongst any community, shall, on an alteration taking place in the system of government, or on the country passing under the dominion of another prince, be at full liberty to remove himself, together with his effects, to whatever country he chooses, without any person having the right to deprive him of such liberty, unless he have contracted some obligation with the community to which lie had belonged, by the commission of a crime, or by any other of those modes which publicists have laid down; this applies to the Europeans residing 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 before-hand, carrying 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 situations, whether civil or military, known to be disaffected to Mexican independence; such persons shall necessarily quits 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.
17th. 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'Donnoju 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.
AGUSTIN DE ITURBIDE, JUAN O'DONNOJU. (A true copy.)
JOSE DOMINGUEZ. Dated in the Town of Cordova, 24th August, 1821  sdct


DECREE OF THE CORTES AT MADRID
Declaring the Treaty of Cordova Illegal
13 Feb 1822

In the Session of l3th February, the Extraordinary Cortes at Madrid approved of the following Articles.
1st. The cortes declare that what is styled the Treaty of Cordova between General O'Donnoju 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 official 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 violation of existing treaties, the partial or absolute recognition of the independence of the Spanish American colonies, seeing that the discussions pending between some of them and the mother country are not yet concluded; and that the Spanish government in the fullest manner shall testify to foreign powers, that hitherto, Spain has not renounced any one of the rights which she possesses over the aforesaid colonies.
3d. That government be charged to preserve, by all possible means, and reinforce with all speed, those points in the American provinces which still remain united with the mother country, obedient to her authority, and opposed to the malcontents; proposing to the cortes such resources as it may require, and which it has not at its own disposal.  sdct


ITURBIDE'S PROCLAMATION

>IturbideMexicans! As a fellow-citizen desirous of the preservation of order, and anxious for your welfare infinitely more than for my own, I address myself to you. Political changes and alterations in the government of states produce no evils when the people are guided by that prudence and moderation which you have ever displayed. The army and the inhabitants of this city have just taken a decisive step; to the rest of the nation it appertains either to approve or reject it. As for me, at this moment, I can do no more than feel grateful for their determination, and beg of you, yes, fellow-citizens, I beseech you (for Mexicans need not my command) to repress any violence of passion, to forget all resentments, and to respect the authorities; for a people without authorities, or which possessing, treads them under foot, is a monster. (Ah! let none of my friends incur the appellation !) Let us wait for a time of greater tranquillity before.we irrevocably decide on our system and our destiny; it will speedily arrive. The whole nation is the country; its deputies this day represent it; let us hear them; let us not prove a scandal to the world; fear not that you shall be led astray by listening to my advice! The will of the people is the law; there is nothing superior to it. Listen to me, and give me this last proof of your attachment, which is all that I look for, and the height of my ambition. I dictate these words with my heart on my lips; do me the justice to believe me sincere and your best friend, ITURBIDE.  sdct


DECREE OF CONGRESS
Exiling Emperor Iturbide to Italy
8 Apr 1823

The Sovereign Constituent Congress of Mexico at the Sitting of yesterday decreed the following:
1st. That the coronation of Don Agustin de Iturbide having been the work of force and violence, and legally null, no discussion can take place upon his abdication of the crown.
2d. Consequently it declares also the hereditary succession and the titles emanating from the crown to be null; and that all acts of the government from the 19th May to the 29th March last are illegal, and subject to the revision of the present government, which may confirm or revoke them.
3d. The supreme executive power of Mexico will hasten the departure of Don Agustin de Iturbide from the territory of the nation.
4th. The embarkation shall take place from a port in the Gulf of Mexico, by a neutral vessel, to conduct him and his family at the expense of the state whithersoever he may wish.  sdct
5th. During the life of Don Agustin de Iturbide, he shall receive a pension of 25,000 dollars, (about 5,000 l.) annually, payable in this capital, on condition that he establish his residence in some part of Italy. After his death his family will enjoy the sum of 8,000 dollars annually, according to the established regulations in such cases for military pensions.
6th. Don Agustin de Iturbide shall receive the title of Excellency. The supreme executive power is to take due notice hereof, and is charged with the fulfilment of this decree, and to cause the same to be printed, published, and made known.
LICIENCIADO JOSE MARIANO MARIN, President.
FLORENTINO MARTINEZ, Deputy
GABRIEL DE TORRES, Deputy,
Mexico, 8th April, 1823, the third year of Independence, and the second of Liberty.
To Don Jose Ygnacio Garcia Yllueca.  sdct


DECLARATION OF CONGRESS
Annuling the Plan of Iguala & Treaty of Cordova
8 Apr 1823

The Congress solemnly declares that at no time was there any right to bind the Mexican nation to subject itself to any law or treaty, unless by its own consent, or that of its representatives appointed according to the public right of free nations. Therefore the Plan of Iguala and the treaty of Cordova do not subsist as to the form of government and the invitation given; and the nation is at full liberty to constitute itself according to the form of government that suits it best. Mexico, 8th April, 1823.   sdct


SONS OF DEWITT COLONY TEXAS
© 1997-2003, Wallace L. McKeehan, All Rights Reserved