date

1820. Aug. 26. Emancipation Spanish
1820. Aug. 26.

Emancipation Spanish

'. 10. Amendment impossible

30 dec 1820. These three pages are marked (quere when) in the marginals, as

concelled.

This is not all. At what time then under the Constitution as it stands there can be

any other Cortes passes my comprehension. By Article 108. The Cortes shall be renewed

entirely every two years": so that on the /ZS/ of July 1822 the authority of the

existing Cortes ceases of course. When is it that at the earliest a second cna take

its place? By Article 106, be the year what it may, the session of the Cortes is

"begun on the first of March." then and not before: by Art. 102 113. 114. 115. 116.

117 a series of preparatory meetings are to be /having been/ held commencing with the

5 th of February.

By Art. 139 a decision is not valid unless "ther be present at least one half and

one more of the total number of deputies comprising the Cortes." Hence should the

number of the deputies senst by the American provinces exceed the number sent by the

spanish provinces, the meeting of the Cortes could not take place with effect till

the arrival of some at least of the deputies from America.

That the deputies from all the " ultra-marian including the

American provinces should at the commencement of the business of the Cortes be

presnet must doubtless have been intended. But in those same ultramarian provinces

the election of deputies to the Cortes at the four several stages of Election by the

four successive [...?] of Electors to have place in the same manner as in Spain. In

Spain by Arts 35, 36 ("the parish Electors meeting) are the first of those is to be

held the first Sunday in October previous to the meeting of the Cortes: that is in

the case in question in October 1821. But in the ultramarian provinces (by Art. 37)

they shall be held the first Sunday in December 15 months before the meeting of the

Cortes: the Magistrates being bound to give previous notice of both:" that is in the

case in question in December of this year 1820, if the next Cortes is to begin its

session in March 1822. But in the present instance the Cortes did not come into

existence till 9 July 1820: so /hence/ that if its existence is to continue two

years, it will not cease till the 9 th of July in the year

1822.
Similar Items
  • Title: [1820 Aug. 26 Emancipation Spanish]
    Description: 1820 Aug. 26

    Emancipation Spanish

    '. 10. Amendment impossible

    Either then there must be a seond Cortes having existence at the same time with the

    first, or no second Cortes can have existence till near 8 months after the expiration

    of the present one viz. till 9 July 1823 or the present one must continue in

    existence near eitht months beyong /over and above/ the time allowed to it by the

    unchangabel /unalterable/ Constitution: or in the ultramarian provinces the election

    of the deputies for the next Cortes must commence befor the dissolution of the

    existing Cortes. This accordingly is what I suppose was and is intended. If as in the

    case of most other represetative bodies the intention were that the deputies in a

    /each/ preceding shouldd be eligible in each succeeding assembly, ther would be an

    incongruity in instituting an Election of succeeding deputies, before the conduct of

    the preceding one had been subjected to observation. But as [...?] a deputy who has

    served in one Cortes is not allowed to serve in the next, the incongruity in question

    is got rid of, though by means of an arrangement to which, /against/ as it should

    have evil without reason a still greater incongruity might be objected. /imputed./

    In the ultramarian provinces Art. 37 the only day on which the first of the four

    election meetings can be held is the day which is exactly 15 months before the day of

    the meeting of the ortes which as above is in the case of the next Cortes to be the

    1 st of March 1822, or else the 9 th of July

    1821 or else the 9 th of July 1822, let him who can say which. But

    by that same Article 37 it must it must also be the first Sunday in December: so that

    by the terms of this unalterable Constitution if the 1 st of this month

    of December in the proper year whatever it is happens not to be a Sunday, there

    can not in any ultramarian province be any commencement of the system of Election

    to the Cortes nor consequently from every one of these provinces any deputation at

    all.

    Entered with amendments under

    Creole deputation none)

    This is yet but a small part of the difficulty /cloud/ which hangs

    over the subject. Until the number of the inhabitants in the ultramarian provinces

    have been ascertained and reported reported doubtless to the existing or some

    futre Cortes the number of deputies which these provinces are to depute to the

    Cortes can not be ascertained. For by Art. 28 29 and 31 the number of the deputies

    to the Cortes and ultra as well ultramarian as Spanish is to be "one for every

    70,000 souls": so that in the Cortes until men know how many souls there are in

    the ultramarian provinces, they /men/ can not know how many deputies from there

    there are to be.
  • Title: [1820 Sept. 24 Emancipation Spanish]
    Description: 1820 Sept. 24

    Emancipation Spanish

    '. 9. Creole Deputation

    ' 10 Under the Constitution as it stands, no Ultramarian Deputation can be formed.

    All along it has been supposed, as it was but natural it should be supposed, that by

    the Constitution a share in the Representation was /is/ given to the Ultramarians to

    the intended subjects of this discussion: and if any such share is given to them, its

    being a proportionable /an impartially[?]/ one does not admitt of doubt.

    But the fact /truth/ is - under the Constitution no such share, no share at all is

    given to them. Under the Constitution as it stands they can not have it: and under

    the Constitution neither on this point nor on any other can any amendment be made,

    until at the end of an unlimited length of time, the termination of which is made to

    rest upon a declaration to be made or not made by the Cortes, and the commencement of

    which can not take place, till after the Ultramarian Deputation has been formed that

    deputation which the Constitution taken as it stands has rendered impossible. Art.

    375

    Until the number of the inhabitants in Ultramaria has been ascertained and reported

    - reported doubtless to the Cortes - to the existing or some future Cortes - the

    number of the deputies which - respectively and thence collectively, the Ultramarians

    /the provinces in question/ are to send /depute/ to the Cortes can not be

    ascertained. For, by Articles 28, 29 and 31, the number of the Deputies to the

    Cortes, as well from the Ultramarine as from the Spanish provinces, is to be " one for every 70,000 souls": so that, in the Cortes, until

    they know how many souls there are in the Ultramarine

    provinces, men /they/ can not know how many deputies from thence they are to receive

    - from what provinces they are to receive Deputies - from each /any/ province how

    many deputies, consequently from all the Ultramarian provinces taken together how

    many deputies they are to receive.
  • 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.