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[clxvii. 123]
Removed 6 Aug. 1821
Part 11 Lett. 1
1820. Aug 18.
Rid yourselves of Ultramaria
Letter 11. Ultramarian aversion.
New lights exclude blend submission.
Thus much as to every sort of arrangement, by which, in any determinate shape, supposing it submitted to, any promise of advantage to Spain, could, as above, be afforded. But, to all such promise of affording arrangements, would be added - unavoidably added - a multitude of others, by no one of which, even for a moment, any such promise could be afforded: arrangements, covering in their totality, immense and continually encreasing expanse in the field of legislation.
For conveying a sufficiently correct and extensive conception of these causes of unmixt evil, a single sample will suffice, and, in the case of Appeals, this sample will presently meet your eye.
All this (it may be said) was submitted to before the change: why then (it may be asked) should it not continue to be submitted to after the change: all this was submitted to at the hands of as bad a government as ever existed: why then should it not be submited to at the hands of a so much better one? all this was submitted to under a government in which the people in question had no share: why then should it not be submitted to under a government in which they have so large a share?
The argument is not unplausible, and the endeavour has been to give to it the most advantageous shape of which it is susceptible. The argument is not unplausible: still, its own refutation, I can not help thinking, can scarce fail of having been suggested by it. The union being so highly detrimental to the interest of the people in the two countries, the more popular and in every respect better the new government, the more certain it is that an arangement so detrimental to them in both countries will not continue: and as it is on the people of the now dependant country that the evil will press with the greatest force, it is with them that the resistance will be seen to commence; a resistance for which such unexampled facility is (it will be seen) afforded by the very excellence of the new government. in addition to that which is afforded by its distance from the seat of supreme command. /authority/
While it kept all hands in shackles, the former government kept a gag in every mouth, a bandage over all eyes. By the present Constitution, these same instruments of tyranny shackles, gag, and bandage - are all cast forth: not less compleatly in the one hemisphere than in the other. By the terms of Article 371, "All Spaniards have liberty to write, print, and publish their political ideas, without any necessity for a license, examination or approbation, previous to publication, subject to the rstriction and responsibility established by law". By the terms of Article 373, "Every Spaniard has a right of Memorial to the Cortes, or the King, to claim the benefits of the observance of the Constitution." Under the former Government all Spanish America was kept hermetically sealed against all foreignors: thence, "against all such instruction as might be derived from them. Under the existing Constitution on payment of certain duties, the ports are, or are about to be, open to all foreignors."
+See Sittings of the Cortes Aug. 1820.
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Title: [1820 Aug. 18 Emancipation Spanish]Description: 1820 Aug. 18 Emancipation Spanish Lett. 12 or 19. Averse Cause All this (it may be said) was submitted to before the change: why then (it may be asked) should it not continue to be submitted to after the change: all this was submitted to at the hands of as bad a government as ever existed: why then should it not be submitted to at the hands of a so much better one? all this was submitted to under a government in which the people in question had no share: why then should it not be submitted to under a government in which they have so large a share? The argument is not implausible, and the endeavour has been to give to it the most advantageous shape fo which it is susceptible. The argument is not implausible: still, its own refutation, I can not help thinking, can scarce fail of having been suggested by it. The reason being so highly detrimental to the interest of the people in the two countries, the more popular the new government the more certain it is that an arrangement so detrimental to them in both countries will not continue: and, as it is that on the people of the now dependent country that the evil will press with greatest force, it is with them that the resistance will be sure to commence; a resistance for which such unexampled facility is (it will soon be seen) afforded by the very excellence of the new government, in addition to that which is afforded by its distance from the seat of supreme command. \ZA\ Here insert the two papers about the difficulties the Constitutionalists had to contend with. While it kept all hands in shackles, the former government, kept a gag in every omouth, a bondage over all eyes. By the present constitution these same instruments of tyranny shacles, gag, and bondage - are all cast forth: cast forth not less compleatly in the one hemisphere than in the other. By the terms of Article 371, "All Spaniards have liberty to work, print, and publish their political ideas, without any necessity for a licence, examination or approbation, previous to publication, subject to the restriction and responsibility established by law. By the terms of Article 373, "Every Spaniard has a right of Memorial to the Cortes, or the King, to claim the benefits of the obsrvances of the Constitution. Under the former government, all Spanish America was kept hermetically sealed agaist all foreigners thence against all such instruction as might be derived from them: Under the existing Constitution a payment of certain duties, the parts are, or are about to be, all of them open to all foreigners. + + See Sittings of the Cortes Aug. 1820.
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Title: [1822. Jan y 25. Constit. Code.]Description: 1822. Jan y 25. Constit. Code. S.5. Admission Universal Members Unapt Development S.5. Admission Universal Members Unapt VII 6.30 or 9.|201 A little more, all jails filled, imprisonment will end - juries will not convict. Indubitable the readings, of those who uttered the threat of Abolishing juries, to contribute laws for executing it: so of judges to contribute judgments. VII .31 or 10.|202 On the other hand, stands chance that to execute such judgment will be found no Sheriff, Sheriff's officer, Hangman - that goods want to be exposed to sale under verdicts of packed juries will find no purchaser, if exposed to sale under judgement without juries. Certain that in the expectation of those to whom the scourge of torture applied to the back so the injured in Ireland was an object of delight no hand would be to be found to apply it in England. Proof in England it never has been so applied. To those whom the old man's rupture afforded so much laughter, the importation of the just instrument of torture would have afforded serious delight, but for the doubt whether any English hand would apply it. S.5. Admission Universal Members Unapt VII 1.32 or 11.|203 After a revolution while the authors feel exposed to danger of counter d o. they will forego a portion of the sweets of government for the security in which subjects share. To this in all breasts, with sympathy for people as fellow sufferers and fellow actors, ascribe the difference in people's condition before and after the revolution. But are long, sympathy evaporates, procreation by refractoriness substitutes antipathy. Between quondam sole ruler and his new associates, partnership is substituted to hostility. To the new form, sole source of danger the people: formerly, kept in passive obedience by despondency, now accustomed to resistance. To the old yoke is now substituted a new one by which what is lost in weight and immediate afflictiveness is gained in strength & performance. VIII 2.33 or 13.|204 More favourable, nothing expectable under constitution whose existence depends on Kinds forging shackles for his own hands: to people's S.5. Admission Universal Members Unapt 2.33 or 12 contind. Deputies no more than a share in making laws - to Kind, placing and displacing those on whose good will depends execution and effect: it being his interest that none should be given to any but such as confirm or encrease his power - depends for its existence on that of a man perpetually threatening those his desires which before the Constitution were never threatened: accomplished of the end depending on a chain of events, all, after the first few links, impossible. VII 3. 34 or 13. 205. Spanish proposed code an example of the rabidness wit which in ruling breasts still exposed to danger, the appetite for power may rage. Code such as the Duke of Alba might glory in death to all who interchange opinions on subjects on which happiness of all depends: who endeavour to meliorate their condition &c.: for describing the offences, words, by which any judge might kill any man for any thing. Those who refused admission to King's Governors, will, if they submitt to this Code, submitt to everlasting tyranny after excluding temporary d o.
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Title: [[lxxxiv. 123] 1822 Jany 24]Description: [lxxxiv. 123] 1822 Jany 24 Codification Offer ult¼o ?.5 Admission Universal More favorable to the greatest happiness of the greatest number no ultimate state of things could reasonably be expected, under a Constitution the existence depends upon the hearty cooperation of an incensed Monarch in the business of forging shackles /manacles/ for his own hands: in which while no more than a share in the function of making laws is given to persons chosen /agents placeable and displaceable/ by the greatest number the appointment of all those on whose good will all the execution and effect can be given to them /those laws is left to depend/ is to left to him whose interest it is that no such execution and effect should be given to any of them except to those from which the share left to him of his former power will receive confirmation and encrease. a form of government /a state of things in respect of government/ in which the government /constitution/ depends for its existence and for all the good effects expected from it depends on the existence at all times of a human being who, being of the class and name of those to whose desire no resistance is ever opposed from without and having power to engage all men in the giving fulfilment /accomplishment/ to his desires is expected to keep his conduct in a state /[...?]/ of constant opposition to the whole current of those desires to /by/ which in that situation restraint has /was/ never in any instance been found endurable, in a word in which the accomplishment of the declared end is made to /trusted to/ depend upon a state of things absolutely impossible upon a chain of events the continuance of which after the first few links is absolutely impossible.
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