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1820 Sept 3
Emancipation Spanish
Summary
'. 5 Corruptive influence
or
Domination impossible
True it is again that by Art. 226 these same Secretaries /functionaries/ "of
Dispatch" shall be responsible to the Cortes for the orders which they shall
authorise contrary to the Constitution and or the laws, without this that the having
the Kings command shall serve them for excuse. Equally true it is that the greatest
care is taken that for nine months in the year or at the very least for eight months
there is to be no Cortes in existence: Art. 106-107. and for the securing this term
of non-existence much anxiety is expressed. For the giving the additional months of
existence a majority of the members of the Cortes is not to suffice: nothing less
than a majority amounting to two thirds of the members, or an application from the
King himself: an application which to which he will not probably have much objection
to make, when he is desirous to have his hands thus tied.
These extraordinary cases excepted, if among all his subjects he can but have two
/those/ faithful servants for secretary of finance another for secretary of war he
has by the Constitution nine months given him during which he may do whatever pleases
him with all the money as he finds at his command and as much more as he can find
means to lay his hands on /take into his possession/ by the hands /help/ of the whole
land force of the country militia as well as regulars included. With the help of his
secretary for foreign affairs he may at the same time obtain the assistance of any
sympathising Monarch in whose breast a genuine indignation for the injuries suffered
by him may have been kindled, at the same time; should there have been in any month
any set of troublesome men of whom it may have been his pleasure to rid himself in
[...?], with the help of his secretary of dispatches of grace and justice, he gives
employment to the divine godlike prerogative attribute of
mercy by employing the prerogative of pardon or in addition to such rewards as the
case may require impunity to the faithful hands by which the accommodation has been
afforded.
Meantime the Council of State has the Constitution invested it with any power by
which a course of [...?] such as the above could be prevented or impeded? I have
carefully examined all the Articles that speak of that august body, and I can find no
such proviso.
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Title: [1820. Aug. 25 Emancipation Spanish]Description: 1820. Aug. 25 Emancipation Spanish '. 10. Amendment impossible 2. So in any branch of the administration department. To the injury of indiciduals in Spanish America, if government in Spanish America, or if government in Spain, a functionary in Spanish America (suppose) has been guilty of /fallen into/ //committee// a transgression which the local authorities in the province in question are unwilling or unable to prevent the cessation or repetition of. In four months information, all true or all false or what is much more likely true and false together arriving at Madrid: by the end of another month, a decision, grounded on such evidence as hath come to hand, has been formed, and orders have been dispatched for his removal: at the end of four other month these orders arrive at the capital of the province. Good: but in the mean time for the continuation of teh course of his enormities he has had nine months undisturbed: and with full assurance the existence of this length of impunity can not but have been known to him: and all this time he has for ordering /arranging/ matters in such sort, that when the orders arrive, giving /the giving of any/ due and adequate execution to then to his prejudice shall be found impossible. In regard to time, you will observe how far from being exaggerated for the purpose of the argument the supposition is that here have been made. If for /it be a case in which/ the application of the tthe remedy the authority /an exercise/ of the Cortes is requisite, the Cortes is all along supposed to be sitting. But against its being so, the chances are three to one. Out of the 12 months in the year the Cortes are to sit but three.(Art. Here then in addition to the nine months [...?] as above may be any further length [...?] of impunity not exceeding nine other months During the nine other months indeed there is /sits/ a Committee of the Cortes but to the Committee no power of legislation is given. For the occupation of those months Spain itself especially at the outset , and for an indefinite time afterwards will be sure to furnish more business than it will be possible for the Cortes to dispatch, with or all, within that time. Towards
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Title: [1820. Aug. 26 Emancipation Spanish]Description: 1820. Aug. 26 Emancipation Spanish '. 10. Amendment impossible Tru it is that by Art. 157, 158, 159, 160,every Cortes before seperation is to chose a permanent Committe4e. True it is that by Art 161 there may be such an Assembley as an Extraordinary Cortes: and that for 162 this Extraordinary Cortes may be brought into existance by any permanent Committee nominated by an ordinary Cortes. But if the Englsih translation of the Constitution be correct and my conception of it correct whatever written by this permanent Committee of the ordinary Cortes, nor by the extraordinary Cortes to which it have existence can any accleration be given to the business of the ordinary Cortes. Per Art. 157. in any interval between the first of the tow sessions of the Cortes and the second, only at some time "previous to separating of the Cortes can this permanent committee be chosen by it. By separating I understand the final separation of the Cortes: i.e. it sissolution. Aor by Art. 160 paragraph 1 st it is only to the succeeding Cortes not to the Cortes by which it has been nominated that the matters wich it is thereby authorized to report are to be reported by it: namely infringements on the Constituion. and moreover by paragraph 3 d the power given to it is "To perform the duties pointed out in the [...?] and [...?] Articles": by which articles no reference is made to any other object that the making of the next succeeding Cortes then about to assemble: what is to be done on the arrival of the deputies, Art [...?]) and what is to be done on the first preparatory meeting Art 102 The result is - that, for some reason which I can not fathom it has by the framers of the Constitution been made a point of cardinal importance, that in each year or at any rate in the first of the two years /twelvemonths/ there should be a space /void/ of at least eight months, during which in the way of legislation, and in the way of every other operation to which the Cortes alone are competent, nothing shall be done: the King with his Council of State remaining in full vigour all the while.
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Title: [1820. Sept. 6 Emancipation Spanish]Description: 1820. Sept. 6 Emancipation Spanish '. 10. Amendment impossible Such is the impossibility of timely correction of any abuse of the delgated power [...?] in those distant regions . Now for an example /a conception/ of the consequences A recent incident comes to my aid. A Minister of the King A Secretary /One of the Secretaries of/ State and dispatch - the Secretary at War sends to Cadiz an order for the disbanding of the Army - of the /that/ Army by which the first declaration in favour of the Constitution was made. The Cortes is sitting: the order is revoked: the Minister displaced. Now suppose no Cortes sitting: the time chosen for the order, that on which the sitting having but just terminated, anarchy so far as depends on the vacation of /absence of/ the Cortes has the longest range. For the maintenance of the Constitution, the further continuance of that Army, for a longer or shorter portion of time seens to have been regarded as necessary. Suppose it so: the Army disbanded what more would you have seen or Constitution or Cortes? The Constitution could have been burnt by the hands of the hangman, and, the Members of this second Cortes would have been dealt with as those of the first were. Now suppose [...?] governed /Buenos Ayres kept in subjection/ by a Spanish army, and an order /a [...?]/ sent from Madrid to disband it. Sent by a Minister, but, no matter by what motive in the giving to the province independence, or transferring it to other hands: to the Brasilian Government for instance. Responsible to the Cortes responsible by Art. was the Minister by whom this order was sent. of This responsibility what could be the effect. Blaquiere's Letter 26 Aug 1820 Art. 222
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