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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.
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