Treaty of Córdoba

Explanation and Analysis of the Document

The two paragraphs and fourteen articles of the Treaty of Córdoba outline not only Mexico's new government but also the way in which Mexico should make the transition from war to peace with the establishment of a provisional government. The treaty sets up a constitutional monarchy and calls upon King Ferdinand VII of Spain to become the crowned head of Mexico. The treaty looks to the Plan of Iguala as a guideline, referencing the plan often. In particular, the treaty establishes the “three guarantees” of the Plan of Iguala: constitutional monarchy, establishment of Roman Catholicism as the nation's sole religion, and social equality under the law. These three guarantees were also known as “independence, religion, and union,” and the three colors of the Mexican flag, designed by Iturbide, symbolize these guarantees: green for independence, white for religion, and red for union.

Paragraphs 1 and 2

The Treaty of Córdoba begins with a statement of when and where it was signed and the names and titles of its signatories, establishing that it is a legal document. Paragraph 2 outlines the general provisions of the treaty and the condition of Mexico at the time of the treaty. It declares Mexico's independence from Spain, giving the reasons why Mexico has made the declaration and citing its power to do so. Mexico, it asserts, has effectively won the struggle for independence on the battlefield. Therefore, Juan O’Donojú, “desirous of … reconciling the interests of Old and New Spain,” has agreed to meet with Iturbide. Both parties state that they are interested in continuing a relationship but say that the relationship must be altered. Mexico will be an independent country but one that still recognizes and celebrates its Spanish roots.

Articles 1–17

The remainder of the treaty lays out the way in which Mexico was to establish itself as an independent nation. First and most important, Mexico was to be an independent, sovereign nation referred to as the Mexican Empire. Second, Mexico would be a constitutional monarchy. That is, Mexico would have a monarch, but the monarch's powers would be limited by a constitution. By establishing itself as a constitutional monarchy, Mexico followed in the political steps of Spain and other European powers.

The third and fourth articles outline how the king of Mexico was to be chosen and where his court would be established. The throne of Mexico was to be located in Mexico City, and Mexico City was to be the capital of the empire. The throne was to be offered first to Ferdinand VII of Spain. Should he decline the throne, it was to be offered to Ferdinand's brothers, heirs to the Spanish throne. The desire of Iturbide and other criollos to maintain a relationship with Spain is evident here. The treaty provided for Mexico to be governed by the Spanish monarch himself but as a sovereign nation, not a colony; failing that, another member of the Bourbon royal family was to be offered the throne. However, the treaty recognized that Ferdinand and his brothers might refuse the throne: in that case, the Cortes, Mexico's new legislative body, was to choose the monarch. Some historians have suggested that Iturbide himself was behind the wording of this provision; they argue that Iturbide planned from the very beginning to assume the throne himself. Although this is a possibility, there is no direct evidence that it is so.

The fifth article outlines the manner in which Ferdinand VII of Spain was to be notified of Mexico's independence. It also details how the offer of the crown of Mexico should be delivered. The article asks Ferdinand, should he himself refuse the Mexican throne, to encourage one of his brothers to accept the throne for the economic good of both Spain and Mexico and to reaffirm the ties between the nations. Mexicans, it asserts, “wish to see themselves … united to the Spaniards.”

The sixth through twelfth articles concern the interim government that would govern Mexico until such time as both the king and legislature were vested with power. The temporary government was to be known as the Provisional Junta. The Junta was to be made up of “eminent” men of the empire, including Juan O’Donojú. Here again we can see the Mexican desire to maintain an active relationship with Spain. The six articles charge the Junta with several responsibilities and duties, the first being to choose three people to govern as regent—that is, to be the executive power of the government until a monarch ascended the throne.

The Junta (and, by extension, the regents they chose) were to be charged with governing the Mexican Empire by the provisions outlined in the Plan of Iguala. Much of the Treaty of Córdoba concerns the first of the three guarantees of the Plan: the establishment of a constitutional monarchy. Here, the second and third guarantees are referenced. The Junta was to ensure that Roman Catholicism became the state religion of Mexico and that the sistema de castas was abolished. As the Plan of Iguala states in article 11, in Mexico, “all the inhabitants of the country are citizens, and equal, and the door of advancement is open to virtue and merit” (Plan of Iguala).

The thirteenth and fourteenth articles outline how the regency and Junta was to be governed until the throne was filled and the Cortes convened. The regency was to govern as the executive body; the Junta was empowered to act as the legislative body. Moreover, the regency and the Junta were charged with determining how members of the Cortes would be chosen. Article 13 references the Plan of Iguala (article 7) again, saying specifically that the primary duty of the Junta, after its nomination, would be to “proceed to the convocation of the Cortes.”

The last two articles concern the rights of individuals to remain in or to leave Mexico and Spain. The fifteenth article guarantees Europeans' right to leave Mexico if they so chose, provided, of course, that they paid their debts and were not serving a criminal sentence. Moreover, it asserts that Americans residing in Spain had the right to relocate to Mexico. The sixteenth article imposes limits on article 15: Any public figure, civil or military, who opposed Mexican independence would be exiled from Mexico.

Finally, O’Donojú agrees, in article 17, to evacuate the royalist army occupying Mexico City. The article makes two pointed statements: First, it acknowledges that the royal army had fought bravely. Second, it notes that although General Iturbide was not using military power to force the Spanish army to leave, he and his army were more than capable of doing so.