Treaty 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.
1st. 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.
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