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256 treat of this matter, they were to demand, as a preliminary, the evacuation of Lima, and were to refuse to enter into any treaty for the conduct of the war, which had been spoken of, as it had up to then been carried on in accordance with the law of Nations.

The Royalist Commissioners opened the discussion by presenting a note, on the 4th May, 1821, stating that in regard to the suggestion made by San Martin at Miraflores, that independence should be secured by the establishment of a monarchy with a sovereign from the royal house of Spain, they had no power to make any such arrangement, and recommended the adoption of the Spanish Constitution since it was a proof of the liberal sentiments of the Spanish Government and of their desire for reconciliation. Further, they proposed an armistice, while commissioners were sent by both parties to Spain, as had been done by Bolívar in Columbia. To this the Patriot Commissioners replied, on the day following, that no negotiations could be entertained except on the basis of the recognition of independence, but in view of the inability of the Spanish Commanders to make this recognition, they were willing to consent to a suspension of arms, with some guarantee, and that they hoped no further mention would be made of the Spanish Constitution, the very name being obnoxious to the liberties of the New World.

To this no answer was given, but an armistice of sixteen months was proposed by the Royalist Commissioners. Then the Patriots demanded that the fortifications of Callao should be handed over to them intact, as a guarantee, to be delivered up if hostilities should again break out, and their note concluded as follows:—

"If Don José de San Martin be determined to achieve the independence of America by arms or by negotiation, he is no less desirous of uniting this part of the New World to the mother country by those bonds of friendship and commerce which would redound to the prosperity of both."