date

[clxvii. 113] 1821 March 30
[clxvii. 113]

1821 March 30

Rid Yourselves

11. Anticonstitutional Evils

4. Consumption of Cortes time

In any such /the case/ /instance/ District Pueblo suppose a deficiency in the funds which it has at its disposal, in such sort that in the judgement of the Ayuntamiento it should be necessary to impose certain sorts of taxes called arbitrios (taxes on eatables and drinkables exposed to sale) not a maravedi says Article 322 is to be laid on "without the approbation of the Cortes obtained through the intervention of the Provincial Deputation". Provided however that if the case be urgent the tax may, with the approbation of the Provincial Deputation, be imposed, in the mean time and until the pleasure /a determination/ of the Cortes to the contrary has been made known mientras nean la resolucion de las Corts.

Thus not a fresh maravedi can for any fresh purpose be wanted in any part /any where/ in Spanish Ultramaria, but a fresh demand must be made upon the Cortes for its time.
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    4 Consumption of Cortes time

    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. 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

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    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.