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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. 18 Emancipation Spanish]Description: 1820. Aug. 18 Emancipation Spanish Letter 5. Under Code profit none '. Deputation [...?] tax Tobacco But, no sooner are they seated, than having been chosen in the same manner, the Members of reserve will, instead of remedy give continuance to this same abuse. Chosen still in the same manner, so like ever - will all their successors. In the eyes of an authority thus composed, the abuse will be - not the witholding their approbation from such a tax, but the composition of it. My friends, would you wish to see a specimen, of the readiness likely to have place in regard to this necessary approbation? Take them the article of Tobacco. In the above list of the taxes having place in Spanish America A o 1786, of the whole amount, namely reals villon[?] 426,360,000, I observe 100,000,000 little less than a fourth drawn from this source: which it being at that time already of 34 years standing, I should expect to find still in force then, and the rate of taxation not lessened. Well then, now that the new Constitution with its freedoms here is triumphant, let us look to Spanish America, and see how such is tax, of the produce of it is designed to be carried out of the country to Spain, will be " approved". Even in Spain, In the account of the proceedings of the Cortes on the \ZS\ of July /August/ 1820 I observe violent indignation at the idea of continuing this tax: continuing it even in Spain, for raising money, to be expended in Spain, for defraying the charges of maintaining government in Spain. In Spanish America, or any part of that country should any such indignation chance to be kindled, is it likely to be much softened by the consideration that the money, or any part of it, instead of being employed in defraying teh expences of the province from which it is extracted, is to be employed in paying the salaries of rulers sitting to govern Spanish America in Spain?
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Title: [1820 Sept 3 Emancipation Spanish]Description: 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: [[clxii. 15] 1820. July 28 Emancipation]Description: [clxii. 15] 1820. July 28 Emancipation Spanish Summary True it is that the arrangement is but a temporary one, it was not intended for any thing more: a truth put out of doubt by the articles in which for future Cortess, for Spanish America as for Spain, Members are to be elected by those whose representatives they are stiled: elected, and in the same mode. See Articles 28 to 100. But, of this arrangement, temporary as it is in appearance, think what it is in effect. By this assembly, of which not a single Member has been chosen by any one Province in Spanish America - by this Assembly it is, that the fate of all those provinces is proposed to be decided. Not as informants are these visitors - these casual visitors to be received: not as mere informants, but as Co-legislators. But suppose the Spanish American Representatives all chosen by their constituents - all chosen in the best mode? How would the case be bettered? Alas! not much. In the one as in the other hemisphere, every object of ambition being disposed of, by some agreement or other that would be formed, between the influential members of the legislative Cortes and the influential members of the Executive Junta, corruptive influence would poison the whole, and the transantlantic Members would be the most numerous as well as surest victims of it. As vultures to a carcass place-hunters from Spanish America would be perpetually flocking to Madrid. At Madrid, Spanish-American Elections would be settled by the ruling powers: by a Committee, and that of course a secret one, composed in some proportion or other of the Members of the legislative and those of the Executive. As in England, so in Spain, every thing would be sham, nothing what it professed to be. The Spanish Constitution would be poisoned, and the Spanish American hands would be the hands to poison it.
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