Star. — London, England, 1811-10-08 00:00:00

PLAN OF A POLITICAL CONSTITUTION FOR THE SPANISH MONARCHY, PRESENTED TO THE GENERAL AND EXTRAORDINARY CORTF.S, BY THEIR CONSTITUTIONAL COMMITTEE. [Concluded from our Paper of Saturday.] them. In Criminal actions which m.ty be brought against them, they can only be judged by the tribunal of the Cortes, in the manner and form prescribed for the regulation of its internal Government. During the sitting of the Cortes, and for a month after, the Deputies cannot be arrested for debt. ' 1'29.' During the period of their deputation, reck oned from the time that the nomination was admitted in the permanent sitting of the Cortes, the Deputies can neither accept for themselves, nor solicit fur an other, any employment from the King, nor even any honour, as there arc no gradations of rank among the Members of the Cortes. _ _ CHAP. Vie—OF THE MEETING OF THE CORTES. ART. 104. The Cortes.shall meet every year in the capital of the Kingdom. 105. When the Corer. find k convenient to remove to another place, they ehill have the power to do so, provided the distance be not more than 12 leagues from the capital, and that two-thirds of the Deputies • present consent to the removal. , 106. The 'Sittings of the Cortes each year shall last for three months successively, commencing the Ist day of themonth of March. 107.• The Corteomay prolong their Session for an other month only in two cases e—lst. At the request of the King 1. 2dly. If the Cones think it necessary, by a resolution of two-thirds of the Deputies, approv ed by the King. 108. The Deputies shall be re-elected every two years. . • 409. If war, or the possessio of env part of the .kingdom by the enemy, shall prevent all or any of the Deputies of one or more provinces firms being I , present at the time, the defect shall be supplied by • the former Deputies . of the respective provinces cast ing lots among themselves, till the proper number • be completed. 110,. Tile Deputies to the Cortes may be rechosen repeatedly, but without being obliged to accept of the trust.• 11'1. When the Deputies arrive at the capital, they • ih.ill-present themselves before the Permanent Depu- tation of the Cones, which shall cause their oum'bers, and' that, of the province that elected thein, to be inscribed in a register iu the Secretary's Office of the Cortes. 112.1 n the year when the Deputies are to be re . elected,:on the I.sth . of February, the Primary Junta shall be held with open doors, the President being one of the Permanent Deputation, mad the others belonging to it,, acting the ran of Secretaries and • Registrars. • 115. In this - first Junta all the Deputies shall pro duce their powers, and two Commissions shall be ato • pointed by.a majority of votes ; one consisting of five persons, to examine the poirers of all the Deputies ; and the other of three, to examine those of the Com : mission of Five. 114. On the 20th of the same February,. the 2d • Preparatory 'Junta shall be held also with open doors, in which the two Commissions shall give information respecting the legality of the powers, having present - ed copies of the Acts of the Provincial Elections. • 115. In this Junta and in the others which may be, - • necessary, until the 25th, the doubts which may arise • respecting the legality of the powers, and the comb& O cations of the Deputies, shall be settled definitively , • by a majorityof votes. • 116. In the year following that of the re-election • . of the Deputies,. the first Preparatory Jung shall be , heist on the 20th of February, and moil the 2.5th0 • such as may be deemed necessary to determine in the • manner and Tans exereseed in the three preceding, articles, legality of the powers of the Deputies that may , have been last presented. ....e..- 11.7. }:ver y year, on t'•,2 25th of February . , the last Preparatory Junta shall be held, in v.hich all the 1 . Dqunies, laying their fields on the Holy Evangelists, • - shall take the tollov..iog oath : • • Do you swear to nefend and pursue.the Catholic, • Apostolic.. Roman Religion, and to, admit no other into the kiogdon ; A. I . swear.— Do yru swear to persevere,. rmd cause tc be pursued religiously; the , Constitution of the Spanish Monarchy, sanctioned by • • the General and Extraordinary Cortes o pf the Nation, in the year of ? A. I swear.— Db you swear ; faithfully to discharge the trust which the nation , has reposed en .you, having respect in every thing to the • welfare and prosperity of the nation ? A. I swear.- If you act thus, may GOD reward you, and if not, may he demand it at your hands." • ' 118—Subsequently tney shall proceed to elfet from among the same Deputies, by a secret scrutiny, and • a simple majority:of votes, a President, a Vice-Presi dent, and four Secretaries, when the Cones' shall be . regarded as formed and constituted, and all the fuac. Lions of the permanent. Deputatint shall came. " 119. On the same day a Deputation of 22 Mem .bers, .and two of the Secretaries, shall be nominated, - to inform the King ; pf the Cortes being constituted, and of the President whom they have chosen, that he may signify if. he will assist at the opening of the : C6rfeds, which shall take place on the Ist of March. 120. If the King be out of the capital, this Corn. enunication shall be made in writing, and. the King . shall return en answer in the same manner.• • 121. The . King shall assist in person at the opeping, of the Cones, and if any impediments should arise, - the President shall do it, on the day-appointed, as on no account can ,this be postponed. The same fort - be oblified at closing the Session of • the Cortes. 122. The King shall enter the hail of the'Cones without a { ward, and only accompanied by those per. • sons specihed in the ceremoniel for the entrance and departure-of the King, as is presented in the regula tions for theAsternal Goverament of the Cones. • Pa. The King shall make a speech, in which he shall propose to the Cones what may appear to him proper ; and the President shall reply to him in ge neral terms. II the Kirig be ?lot present, be shall send his speech to the President, that the President fray read it to the•Curtei. - • 124.. 'Mei:cites cannot deliberate in the presence of the King. - 125. As little can they delibeeete when the Secre taries 01•Dispatches•are present. hi-make anyproposals in tire narrirt of the King. 1(16. The Sittings of tho Cortes shalt be poblic, and • oniy in the case of, some extraordinary circumstances, that imposes reserve, shalithere be a secret sitting. 127. to the discussions of the Cortes,' and in all • •that 'dates to its goverainent and internal arrange . menu, the regulations which the General Extraordi nary Cortes have formed, shall be observed, without prejudice to such referoos as succeeding Cortes may think it expedient to introduce. " )28. The. Deputies shall be inviolable, as fares re ' gaols their cpinions, an& at no time, in no event, and no authority, can they be called to account for • 130. In the same manner, they cannot, during the period of their deputation,' nor fora year after their functions have ceased, accept. for themselves, or so licit for another, any pension, or honorary distinc tion, that may be in the gift of the King. [Chap VII. enumerates the constitutional power of the Cortes, which, besides those possessed by our Parliament, extend to the , giving orders to the Atmy, the Fleet, and the National Militia, in all their branches.] CHAP. THE FORMATION OF THE LAWS, AND THE ROYAL SANCTION. 132. Every Deputy shall have power 'to propose to the Cortes, in writing, the projects of laws, and ex plaining the grounds on which they are founded. 133 Two days at least after a project of law ghoul I be pfeilerited and.rstid, it may be read a second time, and the Cortes Shall deliberate whether it shall un-1 r , dergo another discussion. . 134. It being allowed a discussion, if the impor tance-of the subject, in the judgment of the Costes, reiltires that it should pass through atommittee, it shall be so. 135. Four days at least shall hate elapsed after its having blen allowed a discussion. 136. The day appointed for the discussion having arrived, it shall embrace the project, itethe whole and in each one of its•articles. 137. The Cones shall decide when the business is sufficiently discussed ; and, having decided that it is so, it'shall be determined whether there is ground or not for putting it to the vote. 138. It being determined that there is ground for puttihg it to the vote, it. shall pra.ceeded on imme diately, admitting or rekcting die project in whole cr in part, or varying and nn , iiii)ing it according to the observations that may be made in the course of the discussion. 139. The voting shall be carried by the plurality of voices ; and, in order to proceed to it, it shall be necessary that the number of the Members of the } Cortes present shall at least exceed, by one the half of the whole number of the Deputies. 140. If the Cortes reject the pr jest of a law, in any stage of its examination, or determine that it shall not be put to the vote, it cannot be proposed anew in the same year. 141. If adopted, it shall be extended by a dupli cate, in the form of a law, and read in the Cortes • I which done, and both originals being signed by th e President, and two Secretariei, they shall be present ed immediately to the King by a deputation. 142. The King has the sanction of the laws. 14.3. The King shall give his sanction by this for mula, signed by, his own hand--- , e Let it be publish ed as law." 111, The Kiag Shall refue his vinctioh by this for mula, which must also be signed by his own hand— ,4 Let it be returned to the Cortes ;" accpmpanied at the same time, with alratement of the reasons which • hav e induced him etflotreisi it. 145. The King shall lie ;allowed 30 days fur exer cising this prerogative.' • If ih that time he shall nei ther have given nor refeseil'hi; sanction, it shall i;:co facto be understood that he has Oven it, and shall be acted on accordingly. 146. Whether .he King shill give or refuse his sanctionyone of the two' originals, withal* respective formula, shall be returned to the Cones, for their in formation. This original shall be recorded in the archives of the Cones, 'and the duplicate shall re main:with the . King. - . . 147. If the King shall refuse his sanction, the sub ject shall not 'be resumed in the Cortes during that year, but may again become the subject of discussion ! in the sittings of the year following. . I 148. If in the Cortes of the fullowing year the sub.' ject shall be prdposed anew, and the same Bill re ceived and adopted, on its being again presented to the King, he shalthave it in his power either to give or refuse his sanction a second lime, in the toms pre. scribed by Articles 143 and 144; and in the latter case, the subject shall not again be resumed dining ;hat year. 149. if the same bill shall be proposed a third time, and passed by the Cortes of the following year,' it shall be understood, .ipaopao, that the King is to give it his sanction*, which he shall do on its being' 'presented to him, b 7 die formula, as expressed in • Article 143. 150. If before the expiration of the period of 301 days, in which the King is to give or withhold his ; sanction, the day shall arrive on which the Cones are to terminate their sittings, the King shall give or re tina it within the first eight days W _the sessions of ; the following Cortes ; and if this period shall elapse ! without his having given it, it shall be understood in that cast as given ; and he shall give it accordingly, in the form prescribed, returning to the Cones, with his sanction,, the 'original that is to remain with them. ! 151. Though after the King's having refused his ,I sanction to a bill there may pass one or more years I without the same subject being resumed, yet, provi- I ded the bill be again brought in during the time of the same deputation which at first adopted it, or during that of tie two deputations that immediately follow, it shall always be understood as thd same Bill with respect to the King's sanction, as stated in the three preceding articles ; but if, during the period of die three said Deputations, it shall not be again introduced, though it may afterwards be proposed in. the same terms, it shall be considered as a new Bill, ,with respect to the regulations, as already stated. 152. If the.second or third time that the Bill is proposed within the period provided ,for by the pre. ceding article, it shall be thrown out by the Cortes, at Whatever time it may afterwards be brought in, it snail be considered as a new Bill. 143. Laws shall be annulled or amended with the same formalities, and by the same steps, as enacted. (Chap .IX. relates to the tootle in wldcb the Laws shall be promulgated.] CHAP. X.---OF THE PENNIANENT DEPUTATION OF TOE collets. 157. The Coates, before separating, shall dominate a deputation, which shall be called the Permanent above all, the vlitical liberty of die mi en . a nj ~ . Deputation of the Cortes, composed of seven mem- personal liberty of every individual. And if in wh •t bens of their own body, three from the European I have sworn, or in any part of it, I shall do the ee.. Provinces, and three belonging to those beyond seas, trait?, I ought not to be obeyed ; and let that whet; and the seventh shall be chosen by lot between a I shall do to the unwary, be null and of no effect Deputy of Europe and another from beyond seas. So help and defend inc GOD ! and if not, may he re. lin. At the same time the Cortes shall nominate quite it at my hands." two Supplementary Members for this deputation, one CHAP. u.-or Till SUCCESSION TO THE ammo belonging to Europe, and another from beyond seas. [ln this Chapter the Committee proposes the eerie! 159. The Permanent Deputetien shall continue as the whole nation, and the Cortes have b:Oce p re . from one ordinary Cortes to another. claimed and sworn selemaly 4 favour of S. D. P-r -160. The powers of this Deputation are nando VII. actual King of the Speins, and of his ee. , sccndants and lawful successors; but the Castl e s L ase Ist. To watch over the .due observance of the tor witution and to give an account to the next Cortes of any infractions they reset ved them for a separate discussien of thc In • lel • ite may have noticed. details tails of this Chapter.] 2d. To invoke an Extraordinary Cortes in cases prescribed by the Constitution. [Chap. HI. relaws to the appointment of a Ramey, Zuring t! • . sel. To discharge the functions assigned them in Articles ill rniaority of the King, or his incspehlity to nerds, the furi.e,..a. and 112. of Swersirty, from any cause phy-kal a- mere ] 4th. To give notice to the Supptementary Deputies to Ntrend„ CHAP. ‘ , ..T11E; NIAINTZNANCR or rite A.,y At //‘%:/L• . instead of the regular; and if the death or absolute iir p•isaibility 213. The Cortes $1:411 assign to oho Kite: the 4.. s h ou ld occur of the Ordinary and Supplementary Deputies of natal revenue of his household, whin" 0.111 be coamo;. any Province attending, to give the necessary orders to the said . i Province to roceed CO a new election. limbic to the high d;gnity of his person. CHAP. p IL-OF THE ExTRAoItDiSTARY CORTES. '2l4. There shall remain to the King all the royal- . palaces which his predecessors have enjoyed, attache 161. The Extraordinary Cortes shall consist of the Cortes shell point out the hinds which msl be proper same Deputies that farm the Ordinary, during the two years of their deputation , ft.r his recreation. 162. The Permanent Deputation of the Collet shell C h The.ftil:owing Articles, to 221 inclusive, relat e e appropriations for the maintenance of tke l l• convene them, and fix the day of their meeting in the three following cases : (e v e nt Members of the Royal Fem . ; y, pay of the Re. I,t. \Vhcu the • illrotie shall become vacant. pency, &c. The allowances fix Cie King and the el When the King sh a d ire any way be disqualified fer the Royal Family are fixed at the .commencentent of Government, or shall wish to abdicate the throne in favour of each reign, and cannot bealtered during that reign.] his successor. [Chep. VI. enumerates the powers and duti e s ef -ad. When the King in difficult circumstances, and for business of importance, shall think it expedient that they assemble and the eight SeCretat iell of State.] lend their assistance to him, as well as to the Permanent Dept- CHAP. vii.-or Tlat COLNCIL CF STATE. tation of the Cortes. 230. There shall be a Council of Stete, consist:eg 163. The Letraordinary Cortes shall not go beyond o f forty Members. the object for which they have been convoked. 234 This Council shall be composed precisely 4 164. The Sessions of the Extraordinary Cortes the following manner, viz. Four dignified Ec c l es i ase shall commence and terminate with the same forma- tics, and no more, of whom two shell be Bishops' lities as the Ordinary. . four Spanish Grandees, and no more, posse..ing via. 16.5. The Sitting of the Extraordinary Cortes shall rue, tails:its, and the necessary information. The re not prevent the election of new Deputies at the pre- maining Members shall be chosen from among per. scribed time. liens who are employed, or have been employed in ' 166: If the Extraordinary Cortes shall net have diplomatic situations, in tip army, in offices of dnance, concluded their sitting on the day fixed for the O. and the megi,tracy, and WllO !rave distinguished them dinery, the functions of the Harmer s'oill cc ate, and selves by their talento . knowledge, and services. Ti e the Ordinary shall continue the business for which Cortes :hell not proeose for these places any indtr .. they had been convoked. vidual who, at the terse of appointment, may be a 167. The Permanent Deputation of the Canes .Member of the Cortes ; at least twelve oi be filer - shall continue in the functions that have been poiiited bets must be from the ultra-marine provieces. out in Articles 111. and 1! 2, in the case comprelien- 232. MI theCounsellors of State shall be appo . 7ted ided in the preceding Article. ' by the King. on the proposal of the Cortes. TITLE IV.-OF THE KING. 233. For the infctmation a this Cuur.cil a C. , m. I mia.P. 1.-OF TIIE INVIOLABILITY OF rim Kt \,,'s mittee of the Crat...•., consisting of twelve Mrmtert, PERSON, AND OP 1111 AUTHORITY. shall prepare a triple list cf the respective ties • s ef 168. The person of the King is sacred and invio- Conti:sellers in the prisportion, statea above. I rum lable, and not subject to responsibility. this list the King shah cheat 40, taking the E ea -169. • To the King shall be given the title of Ca- siastics from their class, the Grandees Irt to th.:rs, tholic Majesty. and the ocher Members from their respective theses. 170. The power of executing the laws resides ex- V e 34 - The cunt% , h 4 .1 k eep o ils l ast a l ways enr . elusively in the King, and his authority extends to- plate, filling up the blinks wh mich ty .tritefrom ap• every thing conducive to the preservation of the rub • ',ointments to offices, fir icons the decease of a:y of lic order in the interior, and the secerity of the State t h e persnns included in the list. I abroacr,scon fi , rmably to the Constitution and the Laws .. 231 The Cetincil of Sete, is the Coaneil of the (rise ii subsequent strode, merely enuniewe !he particular e ase s ivi llP • is . , who shall cons'ilt its ripmt,.n tsn till imp, ton.t inituded under the general term , . of Are 170.] Royal assent to laws, in declaring war and alloiliq paiuts, and partieu:erly in givteg er refloat; the 172; 1 lid Restrictiot.e on the royal authority are the followings-1, The King cannot impede, on any pretext, the assembling of the Cortes at the periods, tre o a ties. and , the cases provided for by the Constitution, nor 00. This Council ri will propene to the K'ng three suspend, nor dissolve them ; nor in any manner ob- name• for fillieg tip each vacancy in Ecclesiastical , steuct their sittings and deliberations. White= shall Benefices, or Judiciel Offices. 'ee7. The Counsellors of State cannot be renewed ' advise or assist him in any attempt for these purposes, . without good catts.Jostice. dote without the consent of the Cortes i and. if he e cede uut to die satisfaction of the are declared traitors, and shall be prosecuted as such. -2. The Icing cannot absent himself from the king- Supreme Wirt e! 1 :site The Cortes 'bail ::r the salaries of the Colin sellers oh State, it being understood list none she!! does so, it shall be understood that he has abdicated. li: ~:i;J:red to any Ecclesiastic who, in censequente it -3. The King cannot alienate, cede, renounce, or in hi, digni!y, may lieve-hie residence in the capital, et any way transfer to another the royal authority, or any of his prerogatives. If for any reason he wishes :to an y G ra ndee. :to abdicate the Throne in favour of his immediate sue- 239 ' ' 1 h e Counsello r o f State, on entetin g int. cessno it shall not be in his power to do so without the . "face' shall take an oath, before the King, to preset %e consent of the Coro s. --4. The King cannot alienate, the Constitution, to be f.titlitill to the King, :me r., cede, or exchange any province, city, town, or place, or , counsel him ` o. what may seem to them to ee cell& any part, however small, of the Spanish territ ory.-5. The King cannot make an offensive alliance, or special private interest. (Signed) • I Treaty of Co:nmerce,with any Foreign Power, without Dm° Nusoz TORRERO, President of the Committee, i the consent of the Cortes.-6. The Xing cannot bind himself,however little, by any Treaty , to give subsidies Angus -11 a DE AUCHIELLES, Ike. SSC. to any Foreign Power, without the consent of the Cor- - - I fro-7. The King cannot cede or aiienate the natio. hal domains, without the consent of the Cortes.-9. NUMBER VII. The King cannot exact taxes or contributions, under . any name whatever, or for whatever object. either di- Detached acts of offence, not proceeding from any ; reedy or indirectly, without the Cortes having always systematic hostility of disposition, even much greater I previously decreed them.-9. The King cannot grant than those of Mr. Campbell's case, might be par lexclusive privileges to any individual, or any Corp°, doned. But there is reason to fear that a spirit of in ration.-10. The King cannot seize the property of curable enmity is cherished in the Neapolitan Cabinet i any individual or Corporation, or disturb them in the possession, use, and enjoyment of it ; and, it in any against us. By the ancient treaties, and the pt Kir caseit shallbe found necessary for an object of ac know. , 'nations and letters already referred to, in S omme r , i 1 ledged public utility to take the property of any in- cial tiflAil s, the. British are entitled to be placed on a . dividual, it shall only be.done by giving, at the same footing with the most favoured Nations; but if the time, a suitable indemnification, and a fair exchange latest tarif of duties be opened, there is scarce a page - on a valuation, by qualified and honest men.-11.• The King cannot deprive any individual of his liberty, but will thew an intention to repress our ccmmetce. nor of himself inflict any punishment. The Secretary : I shall quote a few instances, taken without any pet al -- who signs the order, and the Judge who axe-' ticular care : elites it, shall be responsible to the nation, and pu- 1 Page 53.-Fazzolitti ell tela . o di altro d' Irthilttere di a=nt nished as guilty of an attack on personal liberty.e• , qualm o grandizza, per doz. s. Only in cases where the happiness and safety of the Ditto, ditto, di Germania, 1.12. State require the arrest of any person, shall the King . But the most curious instance of the ,tat wish wii;C:i be empowered to issue orders to that effect, but on 48 hours he shall submit 1 condition only that withinthe Tarif is drawn up, is in the article et hats, !7% the question to the investigation of so m e tribun a l or • which a great advantage is given to the French :ter! competent Judge.-12. The King, before contracting ' Cermen hats, while at the same time a spew et Lee marriage, shall give notice to the Cortes to obtain , Hess is preserved. It is a curious instance of the sti'ae their consent. 173- The King, on hircoming to the Throne, and I tile knavery of the Neapolitan mind. if he shall be a minor, on his entering on the Govern- Page 31.-Cippell: di I rii.cii o Vienna, per doz. 7. ment of the kingdom, shall take an oath before the. Cappelli di in g leilterra o Pari g i, IS. Cortes, according to the following formula : Would not a merchant, importing hats from any We (here his name), by the Grace of Goo, and ' place whatever, from France, whether from Paris , r , the Constitution of the Spanish Monarchy, King of I time Spains, ewear by GOD and the Holy Evangelists,' elsewhere, enter them under the denomination of the first rate, and pay at the valuation of 7. in theTarif c • ' that I will defend and preserve the Catholic Aposto- ' lic Romish Religion, without permitting any other in timate, while hats from England would be obliged to the kingdom ; that I will observe, and cause to be pay at the second valuation of 12! In the article cl o th, observed, the Constitution and Laws of the Spanish the English pay on a valuation of 50,while the Gerniees Monarchy, having, as my only object in all that I I pay only on a valuation of 37t. Let us in justice lir shall do, its prosperity and advantage; that I shall not alienate, cede, or dismember any part of the I placed on the same footing as the Germans, or wet kingdom ; that I shall never exact any proportion other foreigners. We only require the Sicilian G, of fruits, money, or other thing, unless the Cortes vernment to abide by its own engagements. Let te shall have decreed them ; that I shall never take be placed as it has agreed that we should be place.% from any one his property ; and that I shall respect, ou a footing with the most favoured nations. Let .': SICIL T.