date

1820 Aug. 26 Emancipation Spanish
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.
Similar Items
  • Title: [1820. Aug. 26. Emancipation Spanish]
    Description: 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.
  • 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: [1821 April 1 Rid Yourselves]
    Description: 1821 April 1

    Rid Yourselves

    Ultramarian deputat n none

    But suppose in every one of those same Provinces a competent census in existence. By the census itself no such deputation can be sent. For the accomplishment of this object, some person or body of persons there must be, by whom with this census in hand the several election districts, each of them containing the allotted number of competent electors viz. the 70,000 or according to Arts. \ZS\ thereabouts + a Representative is to be deputed to the Spansh Cortes. Look over the whole Code no such person or body of persons will you find.

    No such territorial division of a province no each division of the existing Ultramarian provinces or any one of them - no such topographical or geographical demarcation does the Code any where refer to, provide for the making of, or so much as direct /ordain/ the making of. In several of the Articles above brought to view, namely in Art. 309 to 323 /mention is made/ territorial divisions termed Pueblos are spoken of. These Pueblos are they to be understood as designed to constitute /constituting/ or capable of constituting so many Election Districts? There can not be too many by far, as should in that case have spoken of them. But no others are spoken of as at that time in existence, they would therefore be all of them to be marked out. By whom? in what manner. In answer to these questions nothing is there to be found

    By Article 311 a thousand is mentioned as the number of souls which is to be or may be contained in an Ayuntamiento.

    + Explain in a Note how numbers below and above the 70,000 are to be dealt with for this purpose.