date

1820. Sept. Emancipation Spanish
1820. Sept.

Emancipation Spanish

'. 9 Creole Deputation none

1. Prescribed representation impracticable

2. Past and present representation spurious

 Insert from Represent a no security N o 5.

Commentary Proclamation not [...?]

'. Under the Constitution as it stands, no such plan of representation as it

professes to give, /establish/ can have place.

If in every account the endeavour to maintain the dominion, even though success were

sure, is so far from advisable, the impracticability of it, obtaining any such

representation as it professes to give - the impracticablity of effecting any such

/that/ purpose without a violation of the Constitution, while no violation would

render success probable, /the maintenance probable/ will the less be regretted.

Now so it is, that under the Constitution as it stands this part of the proposed

deputation can not in future have place /never have place at all./ Of this

impracticability the cause is altogether a simple one. Per Art \ZS\ the Election

process Members From /In/ no Ultramarian Province can any Election of Members for the

Cortes have place till a Census - an authorative account of

the population of the province - has been made. /formed/ And in a province in which

there exists not any such Census by no hands can it be made but by those of a local

body the Provincial deputation the Members of which are not to be elected till after

the election of deputies to the Cortes /from that Cortes/ has taken place. A. can not

come into existence till B. has come into existence: and B. can not come into

existence till A. has come into existence

 Give the proof from the Articles.
Similar Items
  • Title: [1820 Aug. 26 Emancipation Spanish]
    Description: 1820 Aug. 26

    Emancipation Spanish

    '. 9. Creole Deputation none

    For determining this population in Spain there exists a census though of no later

    date than 1797: and by /for this purpose to/ Art. 30. this reference is made to that

    census is made. But in no one of the ultramarian provinces, for aught appears does

    there exist any such thing as a census of any date. In every province if in any in

    which there happens to be one the article indeed[?], by necessary inference where[?]

    it to be made use of: for in express terms it declares /ordains/ that reference shall

    be made to the latest and most authentic census's, or returns in existence. The

    provision which it accordingly makes is that a census, viz. "one corresponding to the

    abovementioned last Spanish Census in 1797" shall be made for the ultramarian

    population. Well then till some time after this new Census has been made and

    completed, that part of the deputation which is to come from the ultramarian

    provinces can not come can not have been so much as chosen, nor the number of

    deputies of which it is to be composed have so much as been determined.

    In each province supposing no such Census made by whom is it to be made? Answer - By

    Art. 335 paragraph 7 th By the provincial deputation of the

    Province: that and no other is the authority provided

    But this same provincial deputation by which existence is to be given to the Census

    how is it itself to come into existence? Answer. By /By Article/ the same means, by

    which and through the same preparatory stages through which the Cortes is to come

    into existence. In each province till there has been a Census made there is to be no

    provincial deputation appointed: /chosen/ and till there has been a provincial

    deputation appointed, /chosen/ unless there happens to be a census already, there can

    be no Census.
  • Title: [1821. April 2 d. Rid Yourselves]
    Description: 1821. April 2 d.

    Rid Yourselves

    Ultram. Deput. none.

    Here are a set of Fathers who can not come into existence till 12 of their offspring have come into the world to give it to them

    All this while, in the province in question, the supposition that, in the province in question, a provincial deputation is in existence. But, in that same province, any such deputation - can it at the time in question be in existence? The affirmative is more than I know how to satisfy myself of.

    Looking to Art. 328, I see that of the individuals who, for the formation of this body, are to be elected, the election is to be made by the District Electors (por los electores de partido)

    But this District - this partido - what is it?

    These Electors - who are they? how have they become such?

    Go on and point out whether this partido is the same District that is to contain the 70,000 souls - and see whether these Electors do not derive their origin from the Parish meetings - and, if so, whether they can have existence until all the stages for the Election of Deputies to the Cortes have been formed, see whether Stages of Election can be formed - for the Election of Members of the Provincial Deputations before they have been formed for the Election of Deputies to the Cortes.
  • Title: [1821 April 2 Rid Yourselves.]
    Description: 1821 April 2

    Rid Yourselves.

    Ultramaria Deputat. none

    A province then there is in which no such indispensable census is in existence. Yet without, no deputation from that Province can be made /come into existence/. The census for the as yet uncensured Province - how then is it to come /can it come/ into existence?

    Oh says an Advocate of the Code, there exists /will be in existence/ the Art. 325 there will be in existence If in this Province a /governing body called/ a Provincial deputation and of the /function or/ duties [...?] to that province, the seventh is to take the census and statistic account of that same province.

    To this observation /defence/ there are two answers present themselves.

    1. One is the observation which came to made on a former occasion, namely when the business of approving and dividing /and in pursuance /[...?]/ of the first of its ten duties/ among the component and subordinate districts the quota of contribution assessed upon it by the Cortes: namely that suppose should it happen that in the province in question it is more agreable to the inhabitants in general to have the saving or the spending of their own money to their own purpose than to bind it to Spain to be there spent by others for the purposes they have in order to give themselves the satisfaction all they have to do is to do nothing.

    In like manner in the present case should there be any province in which in the time in question it is more agreable to the inhabitants to have nothing to do with your rulers than to be subject to their dominion, and in that moment to forbear sending than to send a deputation to the Cortes at Madrid all they have to do is - to forbear /save/ giving themselves the trouble of taking or causing to be taken any such Census in which case the pretence for their being governed by your Cortes and your other rulers, namely those sending a deputy by whom they are represented in the Cortes, will not have place.