date

[clxvii. 104] 1821 March 26
[clxvii. 104]

1821 March 26

Rid Yourselves

'.10 Anti-constitutional evil

10. Consumption of Cortes time

Demands for time. 1. Complaints of the distribution of time, as between Spain and Ultramaria. 2. as between province & province in Ultramaria. 3. Recourse to Spain for redress and improvement in Ultramaria

' Anti-constitutional evil the fourth. Consumption of the time of the Cortes, otherwise insufficient for their duties Addition to the consumption of the otherwise insufficient time of the Cortes. Consumption of Cortes' time.

Ultramaria out of the question, especially while now when the form of government is new, and affairs of all kinds remain to be settled - the whole field of legislature laid out and covered all the months in the year /in which of the time contained in the year/ would not have been too large an allowance. For what reason passes any conjecture of the quantum of time thus demanded /in demand/ The founder of your Constitutional Code /Penner of that Code of yours immutable/ /unamendable/ have left but one fourth part or at most but one third. This sad mistake I have already had recourse to hold up to view. Scarce had I /I had but just/ finished my exposition /expression/ of the unavoidable ill /evil/ consequences of this double shortsightedness when they began to be severly felt. Precluded from the open exercise of its authority condemned if not to sleep to the appearance of it the sovereign body continued awake as it were by stealth, sitting incognito, sleeping in the place as in one of our mock tragedies sleeping dog-sleep.

Determined upon doing that which was not in its power determining to encrease trade by prohibitions and restriction it cut matters short and for want of time to take a view of them before hard gave looks to that train of disastrous consequences which while this pen is moving are so severely felt.
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    2. In the next plan, whatever design might come to be found in any part of Ultramaria for the improvement remedy to any imperfection in the state of the laws supposing a law requisite to it of the condition of the project in any respect, it is to the Cortes in Spain that the supporters of the design with the proposed law would have to come. No subordinate legislature has the author of the Constitutional Code brought himself to endure in any of those distant Edens over which he has cast forth his shoe,

    Among the ten functions allotted to the Provincial governing bodies of the respective Provinces no such power of subordinate legislation can I find.

    But is it not to be implied?

    No: it is not to be implied.

    For among the new functions allotted to certain subordinate authorities within each Province to the Governing bodies within the several districts (Pueblos) the eighth stand thus expressed - To draw up (formar) the Municipal Ordinances of the District (del pueblo) and present them to the Cortes for its approbation, through the medium of the Provincial Deputation, which will accompany them with its observations (con su informe).
  • Title: [[clxvii. 108] 1821 March 30]
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    By Article 335. of the ten functions allotted to the bodies stiled Provincial Deputation, each being in the province the principal political body within its province the first is "to intervene and approve the repartition made upon the pueblos (subordinate districts) of the contribution (contribuciones) which shall have fallen to the lot of the province.

    Upon the ground of these three clauses taken together, assuming that in the several provinces of Spanish Ultramaria, as well as at Madrid in Spain men are men, the following are among the allotional[?] business which on the supposition of any effort given to the claim of Spanish dominion over Spanish Ultramaria the Cortes would have to take in hand and add to its other businesses.

    Our allotment of these burthens is too large - this would be the cry of every Ultramarian Provincial Deputation. This cry would have movement in to it. Solo from each Province. The share allotted to one province is too large, compared with that allotted to this, and that, and that other Province. Chime of all the provinces. 1. The share imposed /allotted/ upon Ultramaria taken all together /as a whole/ is too large compared with the share allotted to Spain.

    Two circumstances it is true there are /may be/, either of which would suffice /be sufficient/ to substitute a long rest to both these movements. One is, a determination on the part of the several Provincial deputations - one or more or all of them, not to interfere /intervene/ with any such repartitions, but to suffer the contribution to levy themselves if so disposed to levy themselves. See Ch. or '. 3. Ch. or '. 12.

    Another is the new formation of any such Provincial Deputation in this or that Ultramarian Province, or in all of them Ch. or '. 12. And by any one of these circumstances a proportionable quantity of the extra demand upon the time of the Cortes, will be, it can not but be acknowlegded, saved.
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