date

[clxvii. 109] 1821 March 26
[clxvii. 109]

1821 March 26

Rid Yourselves

Anti constitutional Evil

Consumption of Cortes time

No legislature in Ultramaria.

Rid evil Edifices

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).
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  • Title: [[clxvii. 108] 1821 March 30]
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    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.
  • Title: [[clxvii. 112] 1821 March 30]
    Description: [clxvii. 112]

    1821 March 30

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    Anti Constitutional evil

    4. Consumption of Cortes time

    While the subordinate bodies - the Governments of the several districts are thus exercising the power of inclinate legislation thus allotted to them, will their superior the Provincial Deputation sit silent and be satisfied with seeing this, some power of act refused to it, at any rate not expressly given to it? Seeing it allowed that every district Pueblo within its field of dominion may have its particular exigencies will they tacitly admitt that neither of them nor of any other Ultramarian Province can the several Districts have exigencies common to them all?

    But if not, than in addition to the continual influx of Ultramarian District Codes, comes another influx of Provincial Codes.
  • Title: [[clxvii. 110] 1821 March 26]
    Description: [clxvii. 110]

    1821 March 26

    Rid Yourselves

    Anti Constitutional evil

    4. Cortes time consumed.

    On this occasion, note well my friends, this system /scheme/ of subordinate legislation drawn up /prescribed/ for the Spanish Provinces - and as if they were exactly in the same case moreover to the Ultramarian Provinces.

    Note it in the first place with a view to the present question to the subject now in hand namely the extra demand made by the claim in question upon the four months but time contained in the four months during which part alone of the twelve in a year the Cortes is allowed to live: in the first place with a view to nothing else but the particular subject presented to your view by the title of the section /Chapter/. But with very little additional alteration you may at the same time take a view of its bearing upon another part of the field.

    So many of those Pueblos in all Ultramaria - some hundreds of them at least - supposing approbation given by the Provincial Deputation to which they are respectively subordinate, so many Pueblos some hundred of them at least - so many codes presented to the Cortes for its approbation - every time any the slightest regulation for any the most trivial purpose is by the Ayuntamiento of the district regarded as being necessary or promising to be unfit.

    Take any one of these Codes for example. If approved in the main, through the hands of the Provincial Deputation it found its way to the Cortes, accompanied with any such observation as the Provincial Deputation may be pleased to nod(?) to its Code and Observations together, here then you see so much matter by which to correspond extra demand will be made upon the Cortes for its time.