date

[clxvii. 112] 1821 March 30
[clxvii. 112]

1821 March 30

Rid Yourselves

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.
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    No legislature in Ultramaria.

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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. 111] 1821 March 30]
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    Now in all the instances of this or that Code presented by an Ultramarian District (Pueblo) suppose the Provincial Deputation dissatisfied with it, and accordingly instead of forwarding it keeping it back. Whatsoever were the considerations by which the framing of it /that produced/ /caused it to be framed and submitted/ and submitting it to the Provincial deputation was produced, by these same considerations it will not infrequently happen that on the part of the Ayuntamiento a determination shall be produced to appeal to the Cortes against this negative against the one thus /so/ made by the superior local authority of the [...?] entrusted with /to/ them. The Ayuntamiento have their advocates at Madrid in and out of the Cortes: the Provincial Deputation theirs. Here then comes another demand upon the Sovereign Assembly for a share of the scanty portion of time and existence that it has been thought fit to be allowed to /entrusted with/ it.

    The Ayuntamiento in such a case will it keep [...?]

    By Article 373 already quoted, Every Spaniard has a right of making representation to the Cortes, as to the King to claim the observance of the Constitution. This Article, in a case such as that in question, will the discontented Ayuntamiento fail to avoid itself? Why should it? In addition to the instrument of complaint all the trouble imposed upon it /them/ by this Article will be that of inserting a phrase saying that in the instance in question the Constitution has not /was not/ been observed that on the occasion of the negative so put upon the Code presented by it.
  • 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.