San Nicolás Agreement
Encyclopedia
The San Nicolás Agreement was a pact signed on May 31, 1852 and subscribed by all but one of the 14 provinces
Provinces of Argentina
Argentina is subdivided into twenty-three provinces and one autonomous city...

 of the United Provinces of the River Plate (the exception was Buenos Aires
Buenos Aires Province
The Province of Buenos Aires is the largest and most populous province of Argentina. It takes the name from the city of Buenos Aires, which used to be the provincial capital until it was federalized in 1880...

). The treaty consisted of 19 articles, and its goal was to set the bases for the national organization of the young Argentine state
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

. It also served as precedent to the sanction of the Argentine Constitution of 1853
Argentine Constitution of 1853
The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...

.

The agreement named Justo José de Urquiza
Justo José de Urquiza
Justo José de Urquiza y García was an Argentine general and politician. He was president of the Argentine Confederation from 1854 to 1860.He was governor of Entre Ríos during the government of Juan Manuel de Rosas, governor of Buenos Aires with powers delegated from the other provinces...

 as provisional Supreme Director of the Argentine Confederation
Argentine Confederation
The Argentine Confederation is one of the official names of Argentina, according to the Argentine Constitution, Article 35...

, established the application of the Pact of 1831
Pacto Federal
The Federal Pact was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian Liga Unitaria...

, and set the gathering for a General Constitutional Congress in the city of Santa Fe
Santa Fe, Argentina
Santa Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...

.

Background

On April 6, 1852 the Protocol of Palermo was signed after a meeting between the governors of Buenos Aires and Corrientes
Corrientes Province
Corrientes is a province in northeast Argentina, in the Mesopotamia region. It is surrounded by : Paraguay, the province of Misiones, Brazil, Uruguay, and the provinces of Entre Rios, Santa Fe and Chaco.-History:...

, and the representatives of Santa Fe
Santa Fe Province
The Invincible Province of Santa Fe, in Spanish Provincia Invencible de Santa Fe , is a province of Argentina, located in the center-east of the country. Neighboring provinces are from the north clockwise Chaco , Corrientes, Entre Ríos, Buenos Aires, Córdoba, and Santiago del Estero...

 and Entre Ríos
Entre Ríos Province
Entre Ríos is a northeastern province of Argentina, located in the Mesopotamia region. It borders the provinces of Buenos Aires , Corrientes and Santa Fe , and Uruguay in the east....

. The protocol named Justo José de Urquiza in charge of the foreign relationships of the republic as long as the National Congress did not decide who would take the position.

Two days after, Urquiza invited the governor of the provinces to a meeting that would take place on May 20 in San Nicolás de los Arroyos
San Nicolás de los Arroyos
San Nicolás de los Arroyos is a city in the province of Buenos Aires, Argentina, on the western shore of the Paraná River, 61 km from Rosario. It has about 138,000 inhabitants . It is the head town of the partido of the same name...

, Buenos Aires.

Deliberations and signature of the pact

On May 29 began the deliberations to determine the bases of the national organization. The Acuerdo de San Nicolás was signed on May 31, and consisted of 19 dispositional articles and an additional one.

The representatives of the different provinces that adhered to the Pact were Justo José de Urquiza (Entre Ríos), Benjamín Virasoro (Corrientes), Domingo Crespo
Domingo Crespo
Domingo Crespo was an Argentine politician who was governor of the province of Santa Fe from 1851 to 1854.Crespo was a landowner born in Santa Fe City. In 1851 he supported the movement of the Federales led by the caudillo Justo José de Urquiza against the supremacy of Buenos Aires governor Juan...

 (Santa Fe), Pascual Segura (Mendoza
Mendoza Province
The Province of Mendoza is a province of Argentina, located in the western central part of the country in the Cuyo region. It borders to the north with San Juan, the south with La Pampa and Neuquén, the east with San Luis, and to the west with the republic of Chile; the international limit is...

), Nazario Benavides (San Juan
San Juan Province (Argentina)
San Juan is a province of Argentina, located in the western part of the country. Neighbouring provinces are, moving clockwise from the north, La Rioja, San Luis and Mendoza. It borders with Chile at the west....

), Pablo Lucero (San Luis
San Luis Province
San Luis is a province of Argentina located near the geographical center of the country . Neighboring provinces are, from the north clockwise, La Rioja, Córdoba, La Pampa, Mendoza and San Juan.-History:...

), Manuel Taboada (Santiago del Estero
Santiago del Estero Province
Santiago del Estero is a province of Argentina, located in the north of the country. Neighbouring provinces are from the north clockwise Salta, Chaco, Santa Fe, Córdoba, Catamarca and Tucumán.-History:...

), Celedonio Gutiérrez (Tucumán
Tucumán Province
Tucumán is the most densely populated, and the smallest by land area, of the provinces of Argentina. Located in the northwest of the country, the capital is San Miguel de Tucumán, often shortened to Tucumán. Neighboring provinces are, clockwise from the north: Salta, Santiago del Estero and...

) and Vicente Bustos (La Rioja
La Rioja Province (Argentina)
La Rioja is a one of the provinces of Argentina and is located in the west of the country. Neighboring provinces are from the north clockwise Catamarca, Córdoba, San Luis and San Juan.-History:...

). Catamarca
Catamarca Province
Catamarca is a province of Argentina, located in the northwest of the country. The province has a population of 334,568 as per the , and covers an area of 102,602 km². Its literacy rate is 95.5%. Neighbouring provinces are : Salta, Tucumán, Santiago del Estero, Córdoba, and La Rioja...

 designated Urquiza as its representative.

The provinces of Salta
Salta Province
Salta is a province of Argentina, located in the northwest of the country. Neighboring provinces are from the east clockwise Formosa, Chaco, Santiago del Estero, Tucumán and Catamarca. It also surrounds Jujuy...

, Jujuy
Jujuy Province
Jujuy is a province of Argentina, located in the extreme northwest of the country, at the borders with Chile and Bolivia. The only neighboring Argentine province is Salta to the east and south.-History:...

 and Córdoba
Córdoba Province (Argentina)
Córdoba is a province of Argentina, located in the center of the country. Neighboring provinces are : Santiago del Estero, Santa Fe, Buenos Aires, La Pampa, San Luis, La Rioja and Catamarca...

 signed their adhesion later. Buenos Aires, whose representative was Vicente López y Planes
Vicente López y Planes
Alejandro Vicente López y Planes was an Argentine writer and politician who acted as interim President of Argentina from July 7, 1827 to August 18, 1827...

, did not ratify the agreement.

Dispositions of the agreement

In the first article, of a total of 19 in the agreement, the Federal Pact
Pacto Federal
The Federal Pact was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian Liga Unitaria...

 signed on January 4, 1831 was declared Fundamental Law of the Republic, and had to be followed and put in execution by the Responsible of Foreign Relationships of the Nation.

Articles 4 and 5 refer to the General Constituent Congress that was to start on August of the following year, with the previous election of the deputies that would take part in it. The rules established by the Electoral Law would be used to select the deputies of the provincial legislatures. All provinces were declared equal in rights, with two representative deputies for each province.

Articles 6 and 7 mention that the Congress would sanction the National Constitution, consent by the majority of the suffrages, putting the national interest above that of the provinces.

Article 8 declares that the deputies could not be judged for their opinions, not accused under any motive nor authority until the sanction of the constitution, though the provinces could withdraw their own deputies and replace them if considered opportune.

According to Article 11, the Congress would take place in the city of Santa Fe
Santa Fe, Argentina
Santa Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...

.

Article 15 granted executive attributions to Urquiza, and named him provisional Supreme Director
Supreme director
Supreme director was a title used to designate certain heads of state in South America* The Supreme Director of the United Provinces of the Río de la Plata , from 1814 to 1820....

 of the Argentine Confederation
Argentine Confederation
The Argentine Confederation is one of the official names of Argentina, according to the Argentine Constitution, Article 35...

.

The additional article invited the provinces that did not sign the agreement to adhere to it through the provisional Director of the Confederation.

Buenos Aires' rejection

Buenos Aires rejected the project mainly because of the consequences of articles 5, 11, 15, 18 and 19. It refused to the provinces to have the same number of deputies and that the congress had seat in Santa Fe, since it could not control it nor impose an almost majority for its own benefit, and the idea of Urquiza, merely a provincial caudillo
Caudillo
Caudillo is a Spanish word for "leader" and usually describes a political-military leader at the head of an authoritarian power. The term translates into English as leader or chief, or more pejoratively as warlord, dictator or strongman. Caudillo was the term used to refer to the charismatic...

, assuming as Supreme Director of the Confederation. It also refused to share the foreign commerce tax collection of the port for the federal government.

Consequences of the agreement

The most relevant consequences of the agreement where two. First the sanction on May 1 of the Argentine Constitution of 1853
Argentine Constitution of 1853
The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...

, that was placed in force in the Argentine Confederation, and who in 1854 saw Justo José de Urquiza
Justo José de Urquiza
Justo José de Urquiza y García was an Argentine general and politician. He was president of the Argentine Confederation from 1854 to 1860.He was governor of Entre Ríos during the government of Juan Manuel de Rosas, governor of Buenos Aires with powers delegated from the other provinces...

 assuming as the first elected president of the Republic, for a period of 6 years.

The second was the separation of the Buenos Aires Province from the rest of the Confederation until 1859, after Urquiza military defeated Bartolomé Mitre
Bartolomé Mitre
Bartolomé Mitre Martínez was an Argentine statesman, military figure, and author. He was the President of Argentina from 1862 to 1868.-Life and times:...

 at the Battle of Cepeda
Battle of Cepeda (1859)
The Battle of Cepeda of 1859 took place on October 23 at Cañada de Cepeda, Santa Fe, Argentina. The Republic of the Argentine Confederation army, led by Federal Justo José de Urquiza defeated the Province of Buenos Aires forces, led by Unitarian Bartolomé Mitre.-The battle in context:Before the...

.

See also

  • Argentine Confederation
    Argentine Confederation
    The Argentine Confederation is one of the official names of Argentina, according to the Argentine Constitution, Article 35...

  • Pacto Federal
    Pacto Federal
    The Federal Pact was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian Liga Unitaria...

  • Argentine Constitution of 1853
    Argentine Constitution of 1853
    The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...

  • Battle of Caseros
    Battle of Caseros
    The Battle of Caseros was fought near the town of Caseros, more precisely between the present-day train stations of Caseros and Palomar in Buenos Aires Province, Argentina, on 3 February 1852, between the Army of Buenos Aires commanded by Juan Manuel de Rosas...

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