date

[clxvii. 142] 1821 March 11
[clxvii. 142]

1821 March 11

Rid Yourselves

Constitution paralyses

The taxesshall be equally divided among all Spaniards, says Article 339 in proportion to their means, without exception or privilege whatever." The mass of taxes imposed upon us is out of proportion to our means: it is too heavy cries Province A. So says Province B: and so throughout the alphabet. Here then is Appeal Appeal to an extent to which there is no limit other than that to the number of obedient provinces.

By Art. 373. Every Spaniard has a right of memorial /making representation/ to the Cortes or the King to claim the benefits of the observance of the Constitution.

Well then what is it you your rulers will have? What they will not have is money; what they will have is Memorials, /representation/ Well and while the Memorial /a representation/ declaring that the Constitution has been violated by the tax in question is now as then on its way, are /is/ the taxes to be levied notwithstanding? If so what is this vital business is the use and benefit of sending those Memorials? Now upon receipt of one of those Memorials, should the quota allotted /assessed upon/ Memorializing Ultramarian provinces be decreed at Madrid comparatively speaking too great, will the overflow /excessive/ supposing it received be refunded?

Upon what theory - upon what hypothesis can the expectation of money to be drawn from Ultramaria into Spain have been grounded?

That Ultramaria and Spain are contiguous, that Ultramaria is upon wheels, and may be driven and packed off at pleasure or that between them is stretched a rope along which letters may be passed in no time one or other of these conceptions might have been prevalent /had place/ in the minds of those by whom persuasion of retaining the dominion over under such a Code as that in question was entertained.
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  • Title: [[clxvii. 139] 1821 March 7]
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    1821 March 7

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    Ult. [...?]

    '.6. Constitution paralysesthe Discourse.

    In Spain any such patron is to send so much money to Ultramaria. If not, [...?] justice to Ultramaria.

    Now, my friends, observe what chance there is that under the Constitutional Code when matters are settled a maravedi should ever reach Spain from any part of Ultramaria.

    How should it? Under Article 335 it can not be levied in any Province without the consent of the Provincial Deputation of the Province, the Members elected seven of them out of nine. Art. 326 328 by the inhabitants of the Province.

    I say not without the consent of that somebody. For of the functions nine in number attached to that body by this Article, the first is - to interview and approve /interview and approve/ the division made by the Cortes of the taxes required for the province.

    Now for every such approbation what can be inducement? For when the taxes are levied see what it is that is to be done with them?

    In the first place, whatsoever portion the constituted authorities in Spain are pleased to receive there is to be sent thither. So says Article 346 The provincial treasures shall correspond with the National Treasury, and held at its disposal the whole of their receipts, and it is by these same peninsular Constituted authorities that the question of its money to be levied for the purpose, is to be determined. So says Article 131, clauses 13 and 15. To the Ultramarian provinces respectively belongs nothing but the negation: the negation which you have just been shown. In the exercise of it is it likely they should be very reserved?

    That of the many so levied in Ultramaria supposing any money based there the peninsular should draw to Spain the whole, I have not any apprehension: never will the Ultramarians have any. One reason is - be the country what it may - that unless regular government be maintained in a Country /it/ no regular supply of money can be had from it. Another reason is that of the population of Ultramaria a portion and that an considerable one is always to be composed of peninsulars sent thither as above to fatten: and that for that portion at any rate of the population neither the matter of subistence nor that of abundance which be altogether wanting, will be the case of their relations and other connecting issues among the [...?] for the Provinciales.
  • Title: [[clxvii. 140] 1821 March 7]
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    1821 March 7

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    '.Constitution paralyzes

    But here again comes the question - what satisfaction is it likely that the Ultramarians should feel at the thoughts of seeing those strangers growing fat at their expence? growing fat upon a province to which if they give the amount of to any part of it, if they give their assent, /consent/ it is not in their power to set any limits. Judge then what probability there is that not any power to set limits to it, /having power to set any limits/ and /but/ /yet/ at the same time having the power to strike off the whole they will forbear to strike off the whole.

    When, to this or that Ultramarian province, communication is made of the quantum /quota/ of contribution imposed upon it by the Cortes sitting in Spain, either it will be apprised of the quota imposed upon the other provinces or it will not. If yes, these will cause dissatisfaction proposed by the comparative excess, real or supposed, of its quota: if no, then from the very circumstance of the concealment, the assurance of injustice will be conclusive, and dissatisfaction proportionable. But as to its being apprised, apprized in a degree more or less correct, this is what can not fail to happen; this information the deputies belonging to each province will learn of course, and having learnt, will communicate. The only questions will be concerning correctness, authenticity and publicity, will be the only questions.

    To deprive the allotment of all effect, no such offensive /irritating/ measure as a declared rejection will be necessary. It will be taken, in the quondam Article, phrase, and referendum: and in that state it may continue for any length of time. Rejection might be followed by immediate substitution of a new quota with diminution of encrease: of immediate order for execution of the former one: meaning in this case by immediate any length of time between four weeks and four or five months for conveyance of the information to Spain, according to the distance a few days, weeks or months, (according to the length of the sleep given to the Cortes), for the forming a fresh determination, and the like repetition of weeks or months for conveyance of orders from Madrid.
  • Title: [[clxvii. 143] 1821 March 8]
    Description: [clxvii. 143]

    1821 March 8

    Rid Yourselves

    ' Constitution paralyses

    Oh but (says a defender of the dominion /claim/) such is the wisdom of the Code

    This being preserved, disobedience is not only forseen but provided against. By Article 336, should the power of any such Provincial government be abused (under abuse

    non-use being probably meant to be comprized) the King, having at his elbow a rope reaching from Spain to each Ultramarian province, may employ it in effecting the suspension of every one of its unruly Members: and for supplying the places of the seven popularly elected and thence possibly refractory Members, and in spite of such their refractioness securing a majority in the second instance, the Code, such is its providence has provided three Members in reserves +: three Members elected for the purpose by the same Electors by whom the seven refractory Members were elected.

    Spaniards! Your legislators /rulers/ are young in this trade /legislation/ in Ultramaria what a labyrinth have they not made for themselves! their evils, are they not /how sadly are they not/ compleatly lost by it: Advice meantime they will not so much as receive: whatever deficiency there may be in the articles of state, particularly as to make up for it.

    + Art. 329.