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PROVISIONAL ORDONNANCE
Os the (General Congress of Venezuela, for the direc
tion of the executive power of the republic.
Simon Bolivar, / ireaident , &‘c.
ir/icrea* the national congress has decreed the
follow ing ordonnance, for the conduct of the exe
cutive department of thegovei ament thatistosay:
1. The supreme command of the military and
naval forces of the republic, their organization
and discipline conformable to the rules hitherto
existing, and till congress shall determine other
wise, shall reside in tlr president of the republic.
2. The executive wall nominate to all offices
and functions of the republic, until congress shall,
by a special law deteimine which of the public
trusts shall rest in contress itself.
3. The president b the chief of the general
administration of the republic. , : *
4. the president is ‘/barged with the preserva
tion of order and iraiiptility throughout the re
public.
5. It shall be his dtty to lay before congress
all complaints agiinstbefSons charged with high
crimes, felonies, misdemeanors in office, and mal
versation in office, usurpation or neglect of duty,
or ineomfietency to firrform the functions of sta
tions to which they may have been appointed.
6. From this obligation are excluded military
crimes, which arc to be determined by the crim
inal code, until congress shall finally establish the
classification of the penal code.
7 lie appoints and receives all diplomatic
agents.
8. lie conducts all negociations with foreign
nations, forming treaties of alliance, commerce,
and all other affairs which may be necessary to
the good of the state; subject however to the ap
probation and ratification of congress.
9. He is charged with the promulgation and
execution of the laws anddecrees of congress, and
shall affix to them the seals of the republic.
10. lie orders the execution of the sentences
which may be pronounced by the congress, or by
the judiciary power according to law.
11. In cases of an extreme nature, he may,
having just and adequate cauec, suspend execu
tion of sentence, and refer the case back to the
tribunal which passed sentence; and in case the
tribunal adhere to its sentence, it shall be
his duty to refer the case to congress, avlio will
finally decide.
12. In respect to humanity, thp executive is
authorized to mitigate, upon reasonable cause,
sercre punishments, to coin mute them for milder
punishments, or to pardon, even in capital cases;
but in the latter circumstance, the judiciary shall
he consulted, and remission or pardon shall not
take place, but when their information authori
ses it. ,<
13. The president is authorized, when he may
deem it expedient, to publish a particular or
general. amnesty, as it may appeal* to him best
adapted to the state of the country which maybe
in possession of the enemy, or as the measure
may tend to terminate the war.
14. The president shall give to congress, or
its acting committees, faithful and exact periodi
cal reports and information of every description,
discriminating between what may be made pub
lic—and what may be raised from present pub
lication in order not to interfere with the public
interests.
15. The ministers and heads of departments
whom he may nominate, shall give without de
lay to congress every information that may be
.required of them under the preservation of what
is excepted in the preceding article, of which
congress shall be*the judge.
16. He shall grant letters of marque and re- ‘
prisals, conformably with the law of nations, ad
hering to the form', at present in use until con
gress shall establish new forms.
17. Asa sum;, a;y regulation, the president
shall be invested with authority to raise troops
and organise them, ad to receive*persons from
foreign nations, appoint tiipm to duties and sta
tions adapted to then quaftfi ationsj and diree.f;
their distribution; and ho< snail form cont acts
to sustain the armed force by sea and land.
Given in the national palace; of lMth F*brua-H
ry, lßl'.i, and ninth of itulepeiuh nee ‘ E. A. fcttA,
cel dent of ’Congress. !
Attest—D. 11. Uki>anf.tr\, arcrrtary.
This act was communicated to the executive i
the same clay, and proclaimed by the executive
on the 25th February.
Simon Holivar, See.
PliOV/StUKIL F.HT.IIILrs/W'E.YT OF Tftr.DE
l\ iA’ TMJL YTS O F . IDMf. \ ‘IST R. i t}( ).V.
It being necessary to give to the public admin
istration a provisonal and efficient organization- ;
it is decreed as follows:
1. The administration is arranged into three
departments: viz.
1. That of tate and finance,
“3. Marine and war,
f>d. Interior and justice.
2. Each of these departments shall bo under
the direction of a secretary of state.
3. 1 he secretaries arc, for the state and finance,
sen’r Manuel Polaoias.
Marine and war, colonel Bhisf.no Mendez.
Interior and justice, I). B. Ukbaneja.
4. The attributes ol those departments shall
be regulated in detail by a special decree.
The same shall be printed and published for
general information.
Oivcn in the national palace of Angostura, 27th Februa
ry, 1819, and ninth of independence.
S. 110L1VAR-
P. 13. Mendez, secretary of state.
PROVISIONAL ESTABLISKMF..XT OF THE
JUDICIARY POWER.
Hk The judiciary power of this republic shall
in one court which sfrall hold
th'’ r:.pi::.U : :ul in such inferior
m ‘ 1
.h The qualifications required to be appointed
to the functions of a judge, are, thyf he shall be
of the age of thirty, a resident citizen, of fair re
putation, and an approved lawyer.m ,
4. Members of congress may be nominal ted to
the judiciary now, under the present circumstan
ces.
•6. The judges shall hold their appointments
till a constitutional ordinatiori may provide other
wise.
6. ‘Hi supreme court shqll ta]k.p cognizance I
of all co'hiplaints brought before it) as well from
ministers, ambassadors, consols, or diplomatic
agfcntS; previous notice having been given to the
secretary of’state; they shall receive appeals
from the- decisions in other tribunaLf and Com
plaints against any members of other tribunals
who may be removed by congress,jor by a dele
gation thereof, in conformity w ith tic sth article:
they shall he also competent to takje cognizant
of transactions Which refer to treaties in confor
mity Avith the 3tfiarticle of the ordnance, provi
sionally establishing the executive bower.
7. The courts shall take cogmz;\iv;<qpf all ap
peals from all the inferior tribunals; without ex
ception. ‘ f ■
8. None of the sentences of punishment pi*o
ouneed by the inferior tribunals, shall take place’
without the prci-k>ua4KMnctitm or the supreme’
9. Thpy |haijAalp rtijlnzance of cases of sup
-10. An attorney generai ofifijbe republic shall
be created, to sfasuuu th® laws tjuid order aq the*
part of the public. V. \ .
11. The counts in
the exercise of the functions to'the few sand or
dinances now exiting, until
wise ordain# ¥
12. AW the sentences’ of the court shall be
founded on some specific law, applicable to the
cas*.
A\. 3. The court shall nominate all its officers.
14. ThO court shall form rules for the* dispatch
and t pJiducl ing of business. JK
15. The coqrt shall have the duty of examin
ing the qualification of lawyers, who must after
wards present tUp decision;* of the courpr to the
executive, prior to jtlipy^crciso^rn/functions.
!fi. seal of ibe affixed
to all ther acts.
Given in the fta,iotip|Gl'ir<\ u.nißfctura, 25th Fqbrua
lo . 1819,1$ ninth %em\ .
P. B. M \. ■
• . 4
The subject of CnUa is yet b|jre t republic,,
but no evi deneg ‘has yet been |svon of
of Cuba to. tic British empires^!is sure that
such a project has been noticed in%jiiba, and had
become topic oEeorAersatfon, and that the re
port reached Jamaica, but Avhether it had
reached Cuba from England or tyjain
been determined. The existence of an English
fleet in the neighborhood, might he expectjjjf-at
a time when commerce had everv evil tpanre
bend. We are to be convinced lyy djig|Beiara
tion of this eventfw hich wifi, not i° llow n
o k ;tl, and nothing in
of Europe u the fact
only wt an .*’ ■ ■ t . ..a hen the
British < v,edition v ■ qailjfe Son'it.was the
ardent w i .u of #n rUsii ‘|ects,fiprthiSff?X
pedifion sU|ut(l be to Swinish .colonies in
an evening news
pap c vtfftv y > al> 1 y vindicate&sychqjphh 6f opera
-uxH, and the letters containing it whs circulated
m h pamphlet. But the English writers, after the
disappointment, became favorable to the visit to
Amei ica, and considered whether sir ■Home Pop
ham and general Wlfitelock’s cxpcdition bad not
discouraged the policy! of it. The advantages to
1 he gained in Ajp&ictv ‘from the presept'slate- of
I Spain, have never been forgotten, and the gteat
i ness of the acquisition is rather.an evidence of its
; ti uth, tjian a setious cause of doubt, as the object
lias long been vtiWphd with regard to future ad
vantage, ai.d the ppportuni y only Avas wanting,]
while the eagerness of expectation has made the
bolder demand. Small Requisitions would nos
imsWer the public wsfthegoT the public necessi
’ ties, and if* Spain- is assured of the possession of
any doubtful territory from, the relinquishment
of any territory it may claim in Amci;ica, it is pos
sible for the*only Iwfpt of a part, Spaip m£v suf
fer the Epgfish to make their,own division with
her. The nature .of the nfrtrme strength may
Rad the British empffie to prefer the Islands to
any part of the contirtent, ‘ not only as more e&s?
to dtfend, out as creating that /marine strength it
may employ, ami as the .Etiropcans first discover
ed t}ie Islands, it may he believed these will be
the last in their povver. At this moment much
is said oPlhc gi'eater activity in Sjiain, for the ex
pedition to America, and the belief obtains that
some foreign ncgoeiatiofiS have been more fa
vorable to the Spanish designs. At the same,
time tfie former report is again abroad that some
-cession of territory upon the Great Ooean had
bcollSttade to Russia, die un)y maritime ujiiver
in Eul-opg^ifehdes the ippimand
it, and it is
the only part of of great
use to Russia, aiid of litdE ‘ le P res^nt
st: te of -he Spanish ‘id pain. Tluq
many voyages by Rus
sia, and the tlSnidM^i^t css-’
ful the settleniciks fol the purposes ‘
of coimneree in the eastern pll'ts of the Russian
empire, have taught the Rusabs to consider
more than ever the future value of its discoveries
and claims.—And of all the countries which com
bine many advantages, and which have been re
peatedly the objects v of commercial attention
none are in a more ndglccted state than those
which California includes, .though it have all the
advantages from rivers irid bays and shores, and
is laid in a situation to profit essentially from the
ce, Jfc&ctedSa* |?e in iui.iieial)boili%id. j,
should the isthmus of America be opened by aj
canal between the Atlantic and the Great Ocean, j
Humboldt informs us that he had seen-in Spain,,
in the archives of Madrid, several French and
English memoirs on the possibility of the junction
of the lake Nicaragua with the Pacific Ocean,
and he observes, the commerce-carried on hv
the English on the coasl of Mosquito had greatly
contributed to give celebrity to this plbject ofi
communication between the two seas.
We mky recollect, also, that the extreme ppint
oftaliforr,iu from the Spanish port of Acapulco,
the seat of the Spanish trade from M£jUco*wtih
the great ocean, is not six degrees of
and not nine of longitude. has been
to .Mexico, on the west, not moro. valuable than
Florida on the east. Fop’the two Californias>:
have in their population but twelve thousand; a
numhev less than is given tonight cities in New
Spain, and not half of the numbep given to any
other government \n thdt country. -It was t||s
coveved, and’above a century forgotten; aud it
was, at its Bitter discovery, found tof have been a
part of the continept. Its climate has been mel-e
celebrated than but at is allowed, where I
springs and soil arc foqnd the fertility
is immense. Thej-eligious orders establislied
it afford, its history, but the greatest uhstacWftr.
its prosperity has been its government. The
spil of New California is as well'watered and fer
tile as that of Old California is. re presented of! a
contrary character; butlluifibolut tells that*above
a century and a half, passed from the time the
coast was -survt'yed before the Spaniards occu
pied it, :uicl then observed, the court of.Madrid
dixsading lest the maritime powers of Eu
, fope s'lould fi)i m settlements on the tiorlh-wci
coast di America, which might become danger
ous to the Spanish colonies, gave orders for the
session, butrjnuch more for themselves
Spain, as Spain has had more jealousy of their
.fiistory oftne coutttry than any other nation. Fieri
mot be )tioi*d useful to us than California
nfkay''hecpme to Russia, unless of
the Un'nva might be thought to separate
these Russian settlements in their early history.
No nation is in a better condition to prdiit from
the present of Califorpia than Russia,
whatever may be tne real fate of’ this long ne
glected country. “We have ventured to notic|
this effcintt-y, not froiri any evidence we have oi
•any cession,. but bteause, in the great events ot
\mcrica, it.becomes us to suffer every part of
the country to puss in frequent review, that all its
may be known and seasonably secured,
as Louisiana has been, the west coast of America
| and lately rlorida:—That nothing may escape till
it become too dear -a purchase, while there are
such great adventurers in the market, that fur oui
lore-thought we may have the gratitude of pos
terity, iLnot thc applause of the present genera
tion.. The waluc of Cuba is from its commerce:
and la,st hundred vessels were at one
port in that island. Sugar and coffee Averc ex
ported in great amount, as we have already no
ticed. It gave the royaf revenues that year fo#f
millions; oik#fifth more than in any former yelffV.
In-/aiiuary last, 81 vessels sailed fi pm IlavaAa,
and of these 32 belonged to the Unkccl States.
The revenue of Cuba, in 1817, fas three at*d g,
half millions of dollars, and in that
hundved vessels had been at Havana. Inthe
month of-Sept. 1817, in J 3 days 15, ships arrived
with ‘ between three and four thousand slaves.
These facts are sufficient to explain'tluf value pf
•t'h.e commerce and the measures to support the >
labor which produces it. At the of
this century, its population was reckoned afdne
sixth of a million,Andl a sixth part of the who|e
were slaves. Havana has about as great a popr
ulation as Boston. It is cmitcssed that the island
is still capable! of great improvements; but rt is
a iich jewel in the crown of Spain. It
isai(l to havb#ddedathird to its population since
the dates we have mentioned.
SPANISH NEWS, t
i Qur , from per the
‘ShepJjerdess,’’arrived at New-Havcti|, *
28th of-April. The king*of Spain,4bmemmcTn
that month, called his council together, to ad
vise with hcm on tiie subjecl of his revoßed col
onies,, and desired them'ail to express their sen- 1
tiinerits without any reserve; accordinglf?*22 of
Ahp mejnbers recommended a compromise with
the rdVoJutionists-whiclt so exasperated the jdhg,
tlmt notwithstandinAlie had urged them to,gi\*
their opinions freely;, 1® immediately distnissed
them from pis segyiCe! A ‘majority
cil Viere in favor of the ■ war.
Turn captains navy, (brigadiers
of marine) have refusing to tak'fe’
coipmand of 74’s destined for Lima—arfn
yie-kitrg says, that all shall be broke ivh® refusf,
in this critical slate of his kingdom/to perform
theiy duty.
Sincp the arrival of the last frigate from Vera
Cruz with monev,i(tboUgh it was all private pro
peVty) flic expedition at Cadiz has ‘made suing
progress.: About 40 English transports have ar
rive# fi om England, to’ take troops, (under pri
vate contract) which’ with the Russians, Danes,
Swedes and French, before employed, will make
the armada a confederacy of dll the noly allies.
This docs riot look much tike neutrality—though
it was whispered that the English had orcpirtxj
to capture all vessels under
’ flag, ha|'iog troops, See. on board, to be employ
ed againkihe patriot. \
The SamP’fettiEqido'f mid Alexan
der Ist, (74’s) sM|d Diana frigat\, ‘‘(44) were ex
pected to sail froki Cadiz for Lima, on of about
the 6th of May, fiut would troops —we
shall not be surprised to'hear cause of
this was—because the go.
It is stated thlit the king contitiuea'to grant ex
clusive licences to trade, as a means of raising
money—to import the produce of his colonies in
pto the kingdom, in on paying
i the &ame duties as are paid in national vessels—
i to import flour into Havana, in foreign bottoms,
upon paying half the present duty—which, with
enormous forcecHoans whenever money arrives
from the Indi q and two lotteries per month, con
stitute almost the whole system of finance from
which ;he resources of the empire are derived--
whilst in several parts of it, bodies of armed ban
; ditti occwpy the country, plundering ail titty
-meet, murdering many, and in some instances
have, in parties strong, laid towns uufimr
cotitrrhutionl
We furthssr mam, thakMr. Wm. D. Robinson,
who was formally, clemancn-d lif- the governor of
■Cadiz, <>till enjoyed his reftige at Guhraltaivas
Mpverncki Dwrnjad r.nyiifCsted ,110 tiifinos-tiOTf to
1 autftorize his bging arrested in coin'd', miiy to tins
■fettraominary mandateAl/ rf*lk IMfoidjJnne 21
• .^ : |r —^
ITR ACy AND RE VOCT.
The followqni is im to be a more cor
rect acoounte than, those published of the pro
ceedings instituted £gainstjhe*men lately arrest
, cd from on boarditlre Spamsh brig Fortuna:
j * It?is saiefthat the privateer Julia de Forest, with
a crew of 90 Vnen, mostly •shipped at Baltimore,
sailed from thence on a ll cruize last January, com
manded by one Wilsqn, a Scotchman. After va
rious adventures, and making four other captures,
she took on the 10th of April, off Cape St. Vin
cent, the Spanish brig Fortuna, houndffrom Ha
vana fijfr Cadiz. t The officers and passengers,
■ among yiem a SpanisH'.colonel and his family,
were spoliated of their a considerable
amount, and. plate. TheciTtvof the Spanish
vessel, and Ear captain, Gaona, were taken out,
and two prizw-niasters and five’ meSi put on board
sos her, w ith orders to take her Jo Margucritafor
condemnation. The Jufia de Forest asserted a
Buenos Wyris commfssion.
Bu; k, the principal prize-master, is of Rhode-
ISfarid; Davis, his mate, of this city; and of the
five men, one of therfi is an Englishman, one an
Italian, and three Americans, tw r oof them of
Philadelphia; their names are James Keyset-,
And ‘Gw MuriAy, William Scott, James Spur,
and Thomas Broli or Furfey. When arrived off
Marguerita, Davis, the second in command, with
the help ol tne grew, (except Scott, avlio appear
ed the least ac|]ye in the revolt,) took the com
mand from Burk, and steered for the Windward
Islands, intending there to dispose of the property
-for their own use. Owing to their ignorance
of navigation, they were not able, to make any
one ofHhe , W indward Islands, and then shaped
course for this country.
EjjSt Thursday, they arrived off Egg Harbor, 4
withßurk in -confinement. During uie*nig!>t,
ibetween Thursday and T'tiday, Dai is twok the
boat to go ashore, for tiie pTTrpe>su copif ig to
Philadelphia, and pVocuring a vessel, ifftßNlhich
to tranship the cargo from the Fortuna, and im
port it here—The Fortuna was to be scuttled and
sunk. Instead, however, ofb Fng landed on the
Jersey shore, as designed, Davis, through igno
rance, was left on an island uninhabited, and cut
off from the main bj a etreight four wide.
It is possible that he may be there yet Soon
after he was landed, the pilot from the Eagle pi
lot boat boarded the Fortuna, and being privately
apprized by Antonio Joaquim Spence, (the origi
nal Spanish boatswain, who had been left on board
at the of the real situation of things,
the pilots/brought the Fortuna into the Delaware,
and up to the city, where she arrived yesterday.
The five unfortunate men were not informed of
their predicament, till actually arrested at the
,wdiarf, and were conveyed to prison by the mar
shal and his deputies, in hackney coaches, to u
void a doncourse of people. They stand coni
*mittcd to be tried on the charges of piracy and re
volt, which are capital, besides several misde
meanors. — Phil. Democratic Press , June 16.
From the J'ldla ldj>t;iu Democratic Press.
THE AND THE BRITISH
A gentleman Avhose connexions are naval,
whose oppoftmyites? of information on such sub
jects aie good, whose veracity is unimpeach
fable,J^tsw. juj|t ell led and told me that a respect
afile gcntlefimn from Baltimore, inform
ed him that just before he left that city, thei'e
was, a rumofflSiWfet a arrival in the Chesapeake
from the Mediterranean, had brought advices,
that the British squadron in that sea, had directed
the U. Su frigate G tie me re to lower her peak *ts
she passed the squadron—that com. M-Donough
iutd refueled to comply, and that in consequence
tue ‘Squadron had fired into* and been fired upon
by she Guerriere.
>yj tell the as it has been told
me: I hafve neither added or diminished. I give
it to thejmblic to exercise their judgment and
Aveigh probabilities upon a rumor, which how
ever unfounded —and we sincerely hope it
is wholly unfounded —cannot but excite the keen
est and most anxious’feelings.
REMARKS.
f W r e have no dbubt that the editor of the Press
rqlated this tough rumor precisely as he heard it:
no commander of a British squadron would order
a United States’ man of war to degrade herself
in this manner, and no commander of an Ameri
can squadron would so attempt to degrade a Bri
tish man of war—unless they were insane, or
wished to be cashiered. We do not attach the
least credit to the rumor.— Ed. Free. Jour.
A FAIR OFFER FOR A CURE FOR HARD TIMES.
a full estimate of all you own, and all
tharis owing to you. Reduce the same to note.
If you cant collect, renew your notes every year,
and get the best security you can. Go to busi
ness diligently, and be industrious—lose no time
—waste no idle moments—be very prudent and
economical in all things—discard all pride, but
the pride of acting