The Sun.
London, England, 1833-02-05 00:00:00

LONDON, TUESDAY EVENING, FEBRUARY 5, 1833.

SPAIN.

(From the Supplement to the Gaceta de Madrid.
VERIFICATION OF THE ACTS OF THE CORTES OF 1789, ON
THE SUCCESSION OF THE CROWN OF SPAIN, AND THE

JUDGMENTS GIVEN ON THE SAME. YUBLISHED BY THE

ROYAL ORDER OF HER MAJESTY THE QUEEN.

The following decree has been directed by the Queen_:—

" In the Cortes convoked by my august grandfather,
Don C trios IV., and held in the palace of Buen Retiro,
in 1789, after considering attentively the innovation made
by the record agreed to on the 10th of May,1713, re-
specting the succession to the Crown, it was solicited that
the law should be abolished, and that the ancient law
respecting the succession should be revived, with a pre-
ference of the male to the female of the same line, attested
and sanctioned as it was by the law. To this petition
the King my august grandfather replied, that he had com-
manded the Council to send the customary pragmatic sanc-
tion in such cases. But considerations of the time made
it necessary that this point, though brought to a legal
termination, should be reserved for the future, and the
agitations which took place in that year in Europe, and
afterwards in the Peninsula, hive kept secret this resolu-
tion until the King, my dear and beloved husband, or-
dered the publication of the pragmatic sanction of the 29th
of March, 1830.

" Desirous of carrying into effect, then, the intentions
of the King, and the circumstances which occasioned and
continued the necessity for secrecy having passed by, it is
necessary, in accordance with his Royal will, to command
that the Acts of the Cortes of 1'789, respecting the suc-
cessio❑ to the Crown, the judgments thereupon, should
be faithfully published, and as important documents for
history."
In obedience to the above which is directed to him, Don
Francis Fernandez del Pino, Knight Grand Cross of the
Royal American Order of Isabel the Catholic, certifies
thus : " That amongst the documents in the Cabinet of
the Secretary of State, under my charge, there is a
book and various bundles of papers, with the original
records belonging to the convocation of the Cortes in 1789,
at its solemn sitting. This book is a folio volume, bound,
and having an inscription, Cortes of Madrid of the year
1789.' In the interior is a frontispiece, in which is ex-
pressed that it is the book of the renowned of the same
ear, and that in it are the recognition of the powers and
opening of the Cortes, and the acts agreed to by the Con-
gress assembled in the Palace of Buen Retiro. The said
book likewise contains a number of pages relative to the
convocation of the Cortes, and to the acts on examination
of the powers, and on the opening, as well as on the
sittings of the same, which were written on paper, sealed
1789,' and authorized according to the customary form
of the official writers of the Cortes, Don Augustin Bravo
de Velasco, Aguelera, and Don Pedro Escolano de Ar-
rieta."

Itt folio 1 of the said book a certificate, under the
Royal seal of Charles IV., and authenticated by Don.
Manuel de Aizpun y Redin, Secretary of the Council of
the Chamber of Castile, contains the following :--
" Don Manuel de Aizpun y Redin, Knight of the Royal
and distinguished Spanish Order of Carlos Tercero, of the
Council of his Majesty, and his Secretary in it, of the
Chamber of Castile, I certify that, in Conformity with
the Royal decree directed by his Majesty to the Chamber
on the 22d May, of this year, to the effect that his king.
dom and vassals should swear to the most serene Prince
Don Fernando our Lord, his dear and much beloved son,
it was written in form that, in the like cases, it was the
custom for all the cities and towns to have a vote for the
Cortes, in order that they might send Deputies with am-
ple and sufficient powers for the object stated, and for
other business that might be proposed. Wherefore, you
are to appoint, in the form to which you are accustomed
upon similar occasions, Deputies who, in your name, and
in that of the whole of this province, shall take the oath
which you are obliged to make to the Prince Don Fer-
nando, my dear and beloved son, and consent to transfer
to the said Deputies ample and sufficient powers for the
said purpose, and to treat, entertain, execute, consent to,
or conclude in Cortes other business—it being understood
that on the Ist of August, the said Deputies shall assem-
ble at the city before mentioned, of Madrid."
_ _ .

In the same document, folio 12, is marked the original
act (authorized by the said official writers) ,3f the junta of
the officers of Cortes, held on the 14th September of the
same year, by previous appointment in the house of Sr.
Conde de Campomenes, Governor of the Council, in or.
der to renounce the powers of the Knights Procurators
of the 39 cities and towns returning Deputies to the
Cortes, and to receive their oath. At this junta assisted
Senores Rodrigo de la Torre, Marin, &c.
The whole being congregated, mass was celebrated ; the
ceremonial of the Cortes of 1760 was revived, as well as
various resolutions of Philip V., respecting the precedence
of cities ; lots were cast for those which were not chief
places of the kingdom.

Of the same junta, there exists, in the folio already
mentioned, an original certificate, confirmed by Don
Manuel de Aizpun y Renin, Secretary of the Council of
the Chamber, recognising the Powers of the Deputies of
cities and towns, having the right of sending them to
Cortes.

In folio 50 of the book referred to, is found another
original certificate, of equal authority with the former,
from which it appears that, on Saturday, the 19th Sept.,
all those who had concurred in the junta held there on
the 11th, proceeded in coaches from the Governor's
house, and arriving at the Palace, were admitted to the
presence of his Majesty, who gave an allocution to the
kingdoms, which will be found in folio 54, on the subject
of the convocation for making the oath and full homage
to the Prince of Asturias, and to treat and conclude by a
Cortes other business which had been entertained by them
at the instance of the Governor of the Council. The King
having retired, the Governor said—" Knights, the King
wishes that the Cortes should be open, that it might treat
of a pragmatic sanction respecting the succession and
other points, Hoing to itself the President and assistant
officers, in the apartment of the Palace of Buen Beth°,
as often as may be necessary." These words being said, the
whole went away in the order in which they came.
In testimony of the verification of this solemn act of
the King, Ferdinand VII., as Prince of Asturias and heir
of the throne, there exists another certificate of the official
writers of the Cortes, showing that on the 23d day of the
said month and year, the oath of the most renowned
Prince of Asturia', Don Ferdinand, our Lord, were taken
in the presence of the King, with all the solemnities usual
on such occasions.

On the 19th September the Cortes being opened for
the solemn acknowledgment of the Prince of Asturias, his
Majesty opened its sittings on the 30th of the same month,
according to the original certificate of the official writers,
which is found in folio 9t.

Here follow the names of the Deputies, two for each of
the SS cities of the kingdom, and the ceremony of the
opening of the Cortes is most minutely described.
When all were seated Don Baltasar de Onate, Procu.
rator of the city of Teronel, insisted that, before any fur-
ther proceedings were permitted to go or., an oath to ob-
serve strict secrecy as to what passed at the Cortes should
be taken by each member.

The form of the oath which was taken by the Members
of the Cortes was as follows :—" That the Members
swear to God, and on the Cross, and o❑ the words of the
Evengelists, which with their right hands they shall
touch, that they will keep secret all that may be stated or
discussed in these Cortes respecting the service of God,
and that of his Majesty, as also of the public weal of these
realms ; and they declare that they will not reveal it,
either by themselves or by otilers, directly or indirectly,
to any person until the sair: Cortes, should be terminated,
except they have the license of his Majesty, or of the Pre-
sident wbo is present in his name. If they shall do this,
may God our Lord aid them ; and if not, they shall an-
swer for it."

They answer, " So we swear—Amen."
The Knights-Procurators of Burgos commenced the
act, plicing their right hands on the Gospels and on the
crucifix—they continued in turn the same ceremonies and
formalities, until the Knights of Toledo had finished. At
that moment the oath was ordered to be accepted and ex-
ecuted, the whole of the Knights being on their legs and
uncovered, the President as well as the officers. Presently
we ourselves, the official writers of the Cortes, executed
the oath, with the same ceremonies as the Knights, read-
ing the formula the one to the other.
This act being concluded, the Governor of the Council
made a proposition and petition, which were read by me,
Don Pedro Escolano de Arrieta, to the following effect :
" PROPOSITION. —Whenever it was attempted to change
the manner in which the stwcession to the crown should
be maintained, bloody and destructive wars have desolated
the monarchy, God having permitted, in spite of the con-

trivances and institutions opposed to a regular succession,
that it should still prevail.

" To begin, however, with a more recent case, every
body knows that the succession of these kingdoms on the
death of Charles 11., belonged to the sons and grandsons
of Donna Maria Theresa, of Austria, the sister of Charles,
she being the wife of the great Louis XIV. of France ;
that this succession came to Philip V., her grandson, by
reason of the necessity there was, that the kingdom of
France should remain with the Dauphin (Philip's father)
and the Duke of Burgundy (his eldest brother). Ever)
one, I repeat, knows that the clearness of this right was
impugned and contested on the pretext furnished by the
renunciation of the Infant" who had intermarried in
France ; but this was the source of the war of the succes-
sion whereby these countries were grievously injured.
Nevertheless, after several years of war, the right of the
females of the nearer line was recognised and confirmed by
the accession of Philip V., who descended from the female
branch.

" In the succession of Queen Isabella, notwithstanding
the wars and confusion which were raised by the discon-
tented, this great kingdom (as it now is) was formed by a
permanent union of the kingdoms of Castile and Arragon.
Another vindication of the same principle o succession is
to be found in that of Queen Donna Berenguela, mother
of Ferdinand, for it was through her marriage with
Alonzo, King of Leon, that the latter kingdom became
incorporated with that of Castile.
" In short, the experience of all ages tends to convince
us that it is the policy of Spain to adhere to her ancient
laws and immemorial customs, as these are authenticated
in the second law, 15th title, second part, whereby the
females of the nearer line are admitted to the crown, and
are not postponed to the more remote males.
" Although in 1712, a proposal was discussed for alter-
ing the existing regular form of succession, on account of
motives arising out of circumstances which cow no longer
exist ; yet such a change could not be regarded as a funda-
mental law, for it was contrary to those which were in
force, and which had been sworn to ; no alteration was
petitioned for or discussed so extensive in the succession to
the crown as that which would exclude the members of
the nearest line, male as well as female.

" But if at present, which is a period of tranquillity, a
radical remedy be not adopted for this alteration, we may
apprehend wars and disturbances like those which distin-
guished the accession of Philip V., the whole of which
might have been prevented had the ancient laws and cus-
toms relating to the succession to the crown been only
observed.

" The desire of an uninterrupted and permanent peace
for his beloved subjects has influenced the beneficent and
patriotic heart of the King to propose that this subject be
considered and resolved upon without delay, for which
purpose I am anxious to circulate in the kingdom the
terms of the petition which should be addressed to his Ma-
jesty o❑ this subject, conformably in all respects to his
Sovereign intentions."

" PETITION.—Senor,—By the second law, 15th title,
second part, that which has been observed immemorially is
disposed of, together with the course which should be fol-
lowed in the succession to these realms, experience having
shown the vast utility arising from adherence to them, and
the union of the kingdoms of Castile with Leon, and then
of Aragon, are proofs of the force of this law, whilst a
different practice has led to great wars and troubles.
" Ely that which the Cortes petition your Mijesty for,
will be preserved for ever, in the succession of the mo-
narchy, the said immemorial custom, attested as already
mentioned, and heretofore observed and sworn to by your
Majesty's Royal ancestors."
When the above proposition and petition were read, the
Marquis de Villacampo rose to answer in the name of the
country, when he was interrupted by the Knights Procu-
rators of Toledo, who insisted upon the precedence of
their city, but the President directed that the custom
should be set aside, and the Knights of Toledo returning
to their bench, the Marquis de Villacampo made the fol-
lowing harangue :

" Senor,—The kingdom gives great thanks to God for
having granted a Monarch so Catholic, and customs si
enlightened and worthy of applause, for defending and pre-
serving these realms, so as to give the hope that this will
be always his great desire, to assist in every thing that
tends to the good, prosperity, and happiness of the public,
whereby a greater power will result to the Royal service."
The Governor of the Council, President of these Cortes,
being informed that all the Knights Procurators expressed
their wishes to obey and satisfy his Majesty, stated that it
would be agreeable to the King if the subject were dis-
posed of in as short a time as possible ; he commanded
that by the official writers of the Cortes the petition
should be read in a loud voice, so as that all might com-
pletely hear it. Consequently we both went into the
middle of the Cortes, and 1, Don Pedro Escolona de
Arrieta, read it. I took all the tenor of the proposition
and petition addressed to his Majesty, and the grounds on
which they were founded, and then the voting commenced,
the Procurators and D:puties of Burgos taking the lead.
The Knights Procurators of the remaining cities and
towns successively and severally voted the some in the
order of the antiquity of each ; Don Baltasar de Onete,
one of the Procurators of the city of Teruel, exercising the
full power of two Deputies—that of the second, who was
indisposed, being conferred on him by the city.
All now considering the justice and advantage of re-
establishing in the succession of the Crown the order
which was laid dow❑ in the second law before mentioned,
agreed upon returning thanks to the King our Lord for so
necessary a measure, and proceeded to solemnise the Act,
adjusting and subscribing the proposition and petition of
Cortes.

According to the directions given to us, we, the official
writers, made a copy of the said petition, which bore the
tokens of the full conformity of the country ; and this was
executed in the following fortn.--;[The form is merely a
repetition of the words of several of the former paragraphs,
and to it are appended the names of the Deputies of the
Cortes.]

The President then commanded us to read as we hat!
done before, which we did, in a clear intelligible yoke.
All then showed there was a disposition to sign ; the Pre-
sident said they might do so if they choose. !o effect the
Knights Procurators of Burgos descended to the table of the
official writers of the Cortes, when those of Toledo again
interfered. The President proclaimed that the custom
should be maintained ; when the Deputies of Toledo re-
tired to their seats, and those Of Burgos signed. The re-
mainder signed according to seniority as before, those of
Toledo being the last except ourselves, the official writers
of the Cortes.

We then prc:sented the document to the President,
signed as it was by all.
The remaining points which were to be discussed in the
successive sittings were reduced to the forming of petitions
in conformity with the Royal decrees or schedules which
treated of the right of succession in the first-born son ; the
qualities of those which were founded anew ; the security
tor those improvements which the possessors were to make
in property which was entailed, and the power of enclos-
ing lands destined for gardens or new plantations, to
which end the before mentioned decrees and schedules were
discussed.

In this state the Cortes remained late, and did not con-
clude before twelve o'clock in the morning, when they
dissolved the present Session and Junta of Corteg, the
Governor of the Council and Assistants having gone out
in the same form in which they entered in the morning.
To the whole of this we the underwritten bear testimony.
AUGUSTIN DE VELASCO Y AGUILERA.
DON PEDRO ESCOLANO DE ARRIETA.
...

- •
Note.—The original petition, which was framed by the
preceding act, was given up by us into the hands of the
President on the same morning as the Cortes broke up.
The Governor ordered it to the Royal hands with a report,
which was immediately sealed by him and the writers,
and in an enclosure I delivered it up to Conde de Flori-
dablanca. That the same may be clear, we placed this
note, signed by us in Madrid on the 30th Sept., 1789.
(The same signatures as to the last document follow.)
Another certificate, of equal credit as the last, occurs in
page 127 of the book so often alluded to, showing that the
Cortes had another sitting in the October of the same year,
when they assembled in the same place; the act was rati-
fied this second time by all those who had agreed to it in
the first conference, with the addition of the second Mem-
ber for Teruel, who had not been able to attend the first on
account of indisposition. The resolution on the occasion
stated that, having caused the proceedings to be read in
the midst of them, they approved and ratified those pro.
ceedings. The Deputy from Teruel then took the same
oath as had been sworn by the other Deputies, saying that
he acceded to the determination to adhere to the ancient
laws awl custom of the realm, so far as the anemic% to