The Sun.
London, England, 1852-12-14 00:00:00

NEW SPANISH CONSTITUTION.

The following is a summary of the officially pub-
lished draught of the " reformed" constitution
1. Religion.—The religion of the Spanish nation is
exclusively the catholic apostolic and Roman religion.
The relations of the church with the state will be fixed
by the Crown and the Sovereign Pontiff, in virtue of
concordats which will have the force of law.
2. The Laws.—The laws are made by the Sovereign
and the Cortes. The initiative belongs to the King,
and to each branch of the legislature. No tax can be
imposed or collected without the sanction of a law.
The general budget of the state is permanent ; it cannot
be changed except by law. The accounts will be pre-
sented annually, for the examination and approval of
the Cortes. Loans and sales of national property re-
quire the sanction of a law. The civil list will be fixed
at the commencement of each reign.
3. The Cortes.—These are composed of the two legis-

lative bodies, the Senate and Congress, equal in power.
The Senate is composed of hereditary members, senators
by birth, and senators for life. They are nominated by
the King. The qualifications of a senator are deter-
mined by a separate law. The sons of the king and those
of the heir presumptive, are senators by right of birth.
In addition to its legislative functions the senate has to
judge of impeachments preferred against ministers by
the Congress ; to take cognizance of offences against the
person and dignity of the king ; and to judge its own
members according to law.
The congress is composed of those who have been
chosen by the electoral juntas. Neither of the legisla-
tive bodies can sit when the other is not in session. Be-

sides their legislative powers, which they exercise with
the sovereign, the Cortes have the following attribu-
tions :—to receive the oath of the king, or of the regent
the oath to maintain the constitution ; to elect the regent
of the realm, and name the tutor of the king when a
minor, and to render the responsibility of ministers effec-
tive by exercising the power of impeachment.
The senators and deputies are inviolable as far as their
votes and opinions in the exercise of their functions are
concerned. They cannot be arrested going or coming
unless taken in an overt act of crime.
4. The King.—His person is sacred and inviolable ;
he is not responsible for his acts. The ministers alone
are responsible. As the executive power his authority
extends to all departments of the Government. In
urgent cases he may anticipate the action of the Legis-
lature upon the report of his ministers, who will give an
account to the Cortes on their meeting. All the royal
acts will be countersigned by the ministers. The King
convokes the Cortes, suspends and closes the sessions
of and dissolves the Chamber of Deputies. In the
latter case he will convoke and assemble new
Cortes within six months. The Cortes will meet
every year. They will be convoked whenever a vacancy
of the crown occurs, or whenever, from any cause,
the King shall be incapable of governing. The King
grants amnesties, declares war and makes peace, coins
money, and nominates to all employments and honours.
The King cannot alienate, cede, or exchange any por-
tion of the national territory, ratify treaties of offensive
alliances or of commerce, or abdicate the crown without
the concurrence of the Cortes. The marriage of the
sovereign and his ,successor will be previously brought to
the knowledge of the Cortes, whose sanction will be re-
quired to their attendant stipulations.
5. Succession to the Throne.—This will follow the
order of primogeniture, anterior taking precedence of
posterior lives. In case of failure of descendants of
Isabella 11. her sister and uncles, brothers of her father,
will succeed, if they are not excluded. In cases of
failure of these lives a new call to the throne must take
place. All questions of right to the throne will be
settled by law. Persons who may be declared incapable
of gu-vea g ui Why may have committee some
disqualifying act are excluded from the succession.
The consort of a reigning Queen has no share in the
government.
6. Regents and Tutors.—The King is a minor until
his 14th year is accomplished. During the minority of
the King his father or mother, or nearest kinsman, will
enter upon the regency, and retain it until the King is
of age. When there is no person to whom the regency
falls by right the Cortes will appoint a regent. When a
King is declared by the Cortes incapable of governing,
his eldest son of 14 years of age will assume the regency.
The tutor of a minor King must be a Spaniard by
birth, and will be named in the testament of the defunct
monarch, or, in default, nominated by the Cortes. The
same person may not be tutor and regent except it be
the parent of the King.
Such is the proposed constitution of Spain. The spe-
cial law on the senate provides that its hereditary mem-
bers shall be grandees of Spain who
.are such by droit
propre ; they must be born in Spain, or be sons of
Spaniards, 25 years of age, and pay at least 30,000 ma's
(7,500 f.) tax on real estate.
The law on the ;composition of the Cortes provides
that the Chamber shall be composed of 271 deputies,
directly elected, each from one district. A deputy must
be 30 years of age, having paid for two. years before the
day of his election 3,000 reals (750. fr.) in direct taxes, or
2,000 reals, of which 500 are contributions immobilieres,
or 1,000 reals of contributions. immobilieres.. Church-
men, soldiers in active service, and judicial functionaries,
are incapable, as also are functionaries of the state re-
ceiving less than 30,000 reals.
Electors must be Spaniards who have attained 25
years of age, and lived two years in the place where
they claim to vote. Further, they must be of the num-
ber of the 150 persons rated highest to the direct gene-
ral contributions. The ministers may, if they think fit,
attend the sittings of the two legislative bodies. Govern-
ment business has precedence of all other in the Senate
and Congress. Ministers may speak when they please,
in or out of their turn, but they can never vote, even al-
though they belong of right to the body in which they
appear.
When the interests of public order require, the Go-
vernment may proclaim any part of the monarchy, or
the whole, either in the etat preventif or in the state of
siege. The Government may delegate this power. The
eat preventif involves the suspension of the law on the
liberty of individuals, but no subject can be taken out
of his own province. When the state of siege is pro-
claimed, all power is resumed in the hands of the mili-
tary authorities