The Sun.
London, England, 1834-08-22 00:00:00

t

MR. O'CONNELL IN DUNGARVON.

(From the Tipperary Free Press of Wednesday.)
Dungarvon, Monday evening.
The arrangements made by the Liberator prevented his
acceptance of the invitation to a public dinner sent him by
the patriots-of Clonmel. About two o'clock on Saturday
he arrived here in excellent health and spirits, and was im-
mediately waited on at the Devonshire Arms by several of
the respectable inhabitants, among whom were Messrs.
Carbery, Dower, Keating, Mahony, Sheehan, &c. &c. &c.
—an immense crowd assembled in the Square, eager to see
and hear the Pater Patric;—the man who has struggled
so long, arduously and successfully to make Ireland what
she ought to be. After some conversation with the gen-
tlemen who surrounded him, Mr. O'C. addressed the people
from one of the windows of the hotel, and was received
with the most enthusiastic acclamation. He thanked the
people of Dungarvon for the independence they manifested
in returning to Parliament as their representative an honest
man to assist him in the regeneration of their common country.
He then alluded to the delusion under the influence of
which the Tithe Bill was thrown out by the Lords, and
said that in Ireland Tithes would soon be virtually extin-
guished, and the game so ardently pursued by some griping
attornies would never again be Bagged. About three
o'clock he left town en route to Lismore, Fermoy, Cork,
&c. accompanied by several members of his family.
There was a bloody affray in this neighbourhood on Friday
night. It appears that Mr. Dower, the brewer, purchased
sometime since from the well known Paul Gee, the house
and lands of Lisarow, of which he got peaceable possession,
—but at the request of Mrs. Gee, allowed that lady to re-
turn to the house for a short period ; Mr. Dower was
recently married, and wishing to bring his bride to Lisarow,
directed, when he left home, that the house should be fur-
nished for their reception, but his domestics were re-
fused admission by Mrs. Gee—indignant at this conduct,
Mr. Dower indiscreetly sent some persons, I understand,
to take forcible possession. The law of the strong arm
has been abundantly prolific in mischief to this unfortu-
nate land, and in few instances more so than in the
case in question. It is true that Mr. D.'s ten men suc-
ceeded in enforcing an entrance; into the house. Mrs. G.
being absent therefrom, and were guilty, I am informed, of
very disgraceful excesses therein ; but they were assailed in
turn soon after by about forty persons, and received such
tremendous punishment that some are not expected to re-
cover, whilst other escaped " with life, but loss of limbs."
The whole matter, it is said, is likely to furnish, in a civil
and criminal way, employment to the gentlemen of the long
robe at the next Waterford Assizes.
I am sorry to notice that arrests for tithes continue to be
still made here. This day a respectable farmer named
Walsh was arrested by a bailiff under a writ, which, I am
told, was issued by Attorney Bagge, after Mr. Walsh had
entered an appearance to a latitat previously served upon
him. Mr. W. went to prison—his hatred to tithes being
as lasting as his love of justice ! When shall there be an
end to this obnoxious imposition ?

COOKING BY GAs.--The interior of the Convent-
lrison in Springfield is now admirably lighted by five gas
amps ; there are also three lights in the governor's house,
where an experiment of cooking by gas was successfully
made on Tuesday. The gas is introduced into a tube
forming a circle, in the centre of which the joint is
spitted. The tube is thickly perforated all round, and
the instant the light is applied after the tap has been
turned, the joint is surrounded by a body of fire. In
order to concentrate the heat a cone formed of sheet iron
is put over it, and an equal heat is thrown over every
part of the meat. Over the opening at the top of the
cone may be placed a steamer, in the lower part of which
pthleeypeuddidaing may
steaming vegetables.whils whilst the
Tbe apparatus upper
only re-
part may be em-
quires to be increased in size to afford more extended uses. A
be
the boiled,
leg of mutton weighing nine pounds was roasted in a very su-
pr-rior manner in about two hours, and without the least un-
pleasant flavour or smell from the gas. The cost was not more
than one-eighth of that of roasting by fire. An apparatus is
preparing by which the several operations by roasting, baking,
boiling, and steaming may be performed at the same time, and
without any increase of expeßse.—Essex Standard.

( From the Madrid .Gazette.)

" Most Excellent Sir,—Her Majesty the Queen Regent has
this day been pleased to address to me the following Royal
Decree :

" Being desirous of carrying into effect the promise made
to the Cortes on the day of the solemn opening of the Ses-
sion, of presenting to their deliberation the conduct observed
by the Prince Don Carlos Maria Isidro de Bourbon, and con-
sidering that the tranquillity and happiness of these kingdoms
depend on the just and accurate decision of this most im-
portant affair, and having heard the Councils of Regency and
of Ministers, I have ordered, in the name of my well-beloved
daughter, Donna Isabel 11., to submit for the examination
and discussion of the general Cortes of the kingdom the ex-
position you have this day presented to me on this important
proceeding.

. ' NICHOLAS MARIA OARELLY.

" Riofrio, August 5.
" To the President of the Council of Ministers.' "
EXPOSITION PRESENTED TO HER MAJESTY THE QUEEN RE.

GENT BY THE MINISTER OF GRACE AND JUSTICE, AND OR.

DERED TO BE .LAID BEFORE THE GENERAL CORTES OF THE

KINGDOM.

Madam,--In obedience to your Majesty's orders, and in or-
der to carry into complete effect your august promise at the
solemn opening of the general Cortes of the kingdom on the
24th of July last, to submit to their deliberation the conduct of
that ill-advised Prince, Don Carlos Maria Isidro de Bourbon,
that they may decide thereupon as is just and convenient, I
have the honour to submit to your Majesty a faithful state-
ment of the most remarkable facts recorded in the offices of
the Secretaries of State, together with a summary of the laws
of the kingdom, and of the principles of national jurisprudence,
which are applicable to those positive acts of consummated
treason detailed in this statement, as well as the indication of
those reasons of state policy required for the prompt and im-
partial application of a remedy for the evils now suffering by
the nation as well as for those which may be suffered in future.
Your Majesty in your foresight was pleased to order by
royal decree of the 4th of January last, that the then Secretary
of State, Don Francisco de Zea Bermudez, should prepare an
authentic record from the originals in the office of Foreign
Affairs of all the communications which had passed between
your august husband, the King Don Ferdinand VII., who is
in glory, and your Majesty the Queen Regent, on the one
side, and the Infant Don Carlos on the other, with reference
to the fulfilment of his obligation to recognize and swear to her
Royal Highness, now the Queen our Sovereign, Donna Isabella
11., as hereditary princess and heiress to the throne, according
to the fundamental laws of the monarchy, as also in reference
to the measures of precaution which were taken by the de-
ceased Sovereign, to prevent the baneful influence on the re-
pose of this kingdom, arising from the residence of Don Carlos
in the neighbouring kingdom of Portugal.
This record, dated the 12th January, bears that His Ma-
jesty, on the 21st April, 1833, through the medium of his En-
voy Extraordinary and Minister Plenipotentiary in Portugal,
Don Luis Fernandez de Cordoba, required that his brother
Don Carlos " should give a distinct and explicit manifestation
of his concurrence in the oath to the Princess, now Queen, as
was his duty to be the first who should swear and do homage
according to the immemorial custom and fundamental law of
the kingdom."
In an autograph letter, dated the 29th of the same month,
from Ramallon, his Highness answered, among other things,
as follows .—" My conscience and my honour do not permit
me to do it. My rights to the crown are legitimate, should I
survive you, and you not leave a male heir, and I cannot de-
part from them ; they are rights given me by God when it
was his will that I should come into the world, and which
God alone can take from me by giving you a male heir : be-
sides, in this I defend the just rights of those who are called
after me, and I therefore find myself called upon to send you
the subjoined declaration, which I make with due formality to
you, and to all other sovereigns, to whom I hope it may be
communicated.

" I, Carlos Maria Isidro de Bourbon y Bourbon, Infant of
Spain, being well convinced of my legitimate rights to the
crown of Spain, should I survive your Majesty without your
having a male heir, I declare that neither my conscience nor my
honour permit me to recognize or to swear to other rights.
" At your Majesty's royal feet, your most lovingbrother and
faithful vassal,

" The Infant Don CARLOS.
" Dated Palace of Ramallon, April 29."
On the 6th of May a royal licence was granted to him to
proceed with his family to the States of the Church, giving
notice of the point where he was to fix his residence, and by a
royal order of the 7th of the same month, the frigate Lealtad
was placed at his disposal.
This proceeding, apparently dictated by an excess of good-
ness and prudence on the part of the Monarch, only served to
strengthen the tenacity with which this ill-advised Prince
thought to maintain his criminal resistance and his ulterior
designs.

On the 12th of the last-mentioned month and year he re-
plied to the Plenipotentiary vied voce, that he would write to
the King, and that he required time for reflection on a matter
of so much importance.
At the same time it having become known that he was pre-
paring to proceed to Coimbra or BrAga, it was intimated to
him by a Royal order of the 7th of May, that he was decidedly
opposed to any journey whatever into the interior of Portugal.
On the 13th of the month he answered that he was resolved
to follow his Majesty's pleasure, but that first of all he must
arrange his affairs, and attend to his private interests in
Madrid, and that as Lisbon was infected with a contagious dis-
ease, it would be the height of temerity to enter that city for
the purpose of embarkation. _ _ _

On the 26th of the same month he was told that he might
embark at any point in the, bay, or choose any other place in
the neighbourhood, that all might be prepared for his ac-
commodation.

His answer to the Envoy's intimation on the 28th of the
month was as follows :—" This is well, we shall let it be con-
sidered as settled ;" and. in an autograph letter of the previous
day, dated Ramallon, he said to his Majesty, I shall do as
you wish, and shall obey you in everything.. I shall set out as
soon as possible for the Papal States, because you desire it,—
you, who are my King and Sovereign, whom I will obey in all
that is consistent with my conscience ; but now comes the
feast of the Corpus Christi, and I wish to sanctify it as much
as may be in Mafra."
His Majesty sanctioned this on the Ist of June, adding—.
" but it is important that you no longer delay your voyage, and
I wish you to embark by the 10th or 12th of this month."
In a letter of the 28th of May, he said to his Majesty that
he hoped to merit his approbation in having proceeded. to
Coimbra to take leave of his nephew, the Infant Don Miguel.
His Majesty, in an autograph letter of the 2d of June, posi-
tively disapproved of this resolution, but in his own autograph
of the 3d Don Carlos made known to his Majesty his safe ar-
rival at Coimbra. On being made acquainted with this pro-
ceeding, his Majesty, by an autograph of the 11th of the
month, definitively'ordered him to embark.:
Nevertheless, by an autograph of the Bth of June from
Coimbra, it appears that be excused himself under the pre-
tence of cholera ; and on the verbal intimation of a Royal
order by the Plenipotentiary, he answered on the 11th of the
month " 'We shall see ;" adding that he would obey the King
as far as he could.
But his Majesty, in the autograph of the 15th, after expo-
sing the frivolous excuses he had alleged for his disobedi-
ence, said, " I wish you absolutely to embark withoat delay."
Notwithstanding, in the autographs of the 19th and 22d of
June from Coimbra he continued to excuse himself. In this
state of matters, his Majesty, by his autograph of the 30th of
the same month wrote to him as follows :

" I cannot consent, and do not consent, to your opposing my
orders with frivolous pretexts. This shall be my last letter, if
you do not obey, and since my fraternal persuasions have availed
nothing, after two months' correspondence, gbhall proceed ac-
cording to the laws, if you do not instantly prepare to em-
bark for the Pontifical states, and I shall then act as a Sove-
reign, without any consideration but what is due to my crown
and my people."

In place Of obeying he persisted in exculpating himself by
his autograph, dated the 9th of July, from Coimbra, adding—
"lf I be disobedient, and deserve to be punished, let me
suffer—but if I do not deserve it, I require an open and public
satisfaction." And in an autograph of the 21st of July he still
required to be punished if he was guilty.
On the 4th of August the Plenipotentiary gave notice that
Don Carlos having been required to fulfil the Royal orders, he
replied, " that as his representations had never been taken
into consideration by His Majesty, he would stay where
he was."

On the 18th of the same month the Plenipotentiary inti-
mated, that having urged Don Carlos to set out, he gave for
answer "that he was resolved to embark at Lisbon as soon as
that city was restored to the legitimate authority of the King."
And in answer of the same date to the Plenipotentiary's re-
monstrances, he said " that it was not with his Highness he
ought to treat, but with Don Miguel."
After so many marks of disrespect His Majesty sent the
following :

" Madrid, Aug. 30, 1833.
" Infant Don Carlos, my well beloved brother,--On the 6th
of May I gave you authority to proceed to the states of the
Church ; reasons of the highest state policy make this voyage
necessary. You then told me you were resolved to obey my
will, and have since repeated it to me ; but in spite of your
assurances of submission you have raised successive difficul-
ties, bringing ever forward new ones, as soon as I gave new
orders to make them nugatory, evading under one pretext or
another the fulfilment of my orders.

" I now write to you, as I tell you, to put an end to discus-
sions so inconsistent with my royal authority, prolonged for the
purpose of eluding them.
" Henceforward you will learn my resolutions in regard to
any new difficulty from my Envoy in Portugal. My repeated
Royal orders, and eFpecially those of the 15th of July and the
11th and 18th of the present month, will remove all the im-
pediments raised in the way of your embarkation. The ship
may be of any flag or nation ; the port either that of a free
country or occupied by the troops of the Duke of 13raganza,

or even the port of Vigo, in Spain ; all is left to your choice ;
the preparations and expenses arc all at my charge.
" So much frankness, and such repeated manifestations of
my will, produced only the answer that you would embark at
Lisbon (from whence you could have set sail immediately), as
soon as recognized by the troops of Don Miguel.
" I cannot suffer the fulfilment of my orders to depend on
future events, foreign to the motives by which they are dic-
tated : or that my orders should be subject to arbitrary condi-
tions by those whose duty it is to obey them.
" I command you, then, immediately to make choice of some
one of the means of embarkation proposed in this order, com-
municating your resolution, in order to avoid new delays, to my
envoy,' Don Louis Fernandez de Cordoba, and in his absence
to Don Antonio. Caballero, who has the necessary instructions
for carrying it into execution. I shall look upon any difficulty
or excuse you may raise to the making your election or under-
taking your voyage, as pertinacity in resisting my will, and I
shall show you, when I find it convenient, that an Infant of
Spain is not at liberty to disobey his King.
" I pray God to have you in his holy keeping.
" YO EL REY."

On the 21st of September the Plenipotentiary gave notice
that Don Carlos gave for answer, •that he had not altered his
resolution, and as it was agreed that he would do as the King
pleased, as soon as the troops of his Most Faithful Majesty en-
tered Lisbon he hoped to embark.
Some days after the death of your august spouse, who is in
glory, your Majesty on the 29th Sept. and 3d of October, re-
iterated the order, with the necessary degree of energy in your
quality of Queen Regent.
On the sth and 6th of the same month the Plenipotentiary
gave notice that Don Carlos had replied as follows :
The circumstances are completely changed. Nobody has
now the power to give me orders,—nor am I under the least
necessity of 'obeying, or answering any one I have evi-
dently rights superior to all others to the Crown of Spain,
and I do not recognize in you the faculty of giving me on order
of any kind.

On the following day he called and said—" Now, all is
changed, and now I am the legitimate King of Sgain. As
such you are my Minister and I claim your obedience, hoping
that you will be the first to recognize me." And Don Luis
Fernandez de Cordoba having refused with the firmness be-
coming a loyal Spaniard, the Infant replied " You do well,
that is well, go," at the same time producing five letters.
The first cover,—" To the Queen Dowager,my much loved
sister."

Interior,—" Santarem, Oct. 4, 1833."
In this he declares himself to be " King of Spain, and legi-
timate successor to the throne. " M. CARLOS."
Second cover.—" To her Catholic Majesty, the Queen
Dowager, my well beloved sister."
Interior.—" Santarem, October 4, 1833.
" With my complimentg of condolence.

" C. MARIA FRANCISCO."
Third cover.—" To the Infant Don Francisco, my much
Loved brother."

Interior.--" Santarem, October 4, 1833."
Offers compliments of condolence, adding, " The event has
arrived, fulfilling the declaration I have made, that I would re-
cognize no rights but those I legitimately hold to inherit the
crown in the present case, because my brother has not left a
male heir. I expect of you that you will recognize your own
rights and those of your children in mine. •

" M. CARLOS."
Fourth cover.—" To the Infant Don Sebastian, my much
loved nephew."
Interior.—" Santarem, October 4, 1833."
In this, it is said that he is the legitimate successor to the
Crown. " The rights you recognize in me are your own. I
hope you will not hesitate a moment in rec?gnizingthem.

" bl. CARLOS."
Fifth cover.----" To Don Francisco de Zea Bermudez."
Interior.—" Having yesterday received the official notice of
the death of my much-beloved brother the King, and I being
his legitimate successor, I order you to put the three annexed
decrees in execution, and give them the destination belonging
to each of them ; and at the same time you will publish the
protest which, on the 29th of April, I addressed to my much-
beloved brother, giving me an account of what you do.

" YO.'EL REY.

" Santarem, October 4, 1833.
" To Don Francisco de Zea Bermudez."
In the foregoing letter, written by another hand, there were
enclosed under the same cover the three following writings of
Don Carlos :

First (or 6) as above.
To Don Francisco de Zea Bermudez, my First Secretary
of State."

Interior.---" I confirm all the Secretaries of State and a,
the authorities of this kingdom in the exercise of their respec.
tive functions, that the public business may not suffer the leas+
interruption.
"-Santarem, Oct. 4, 1833.
" To Don Francisco de lea Bermudez."
- Second (or 7) as above:—" To the Duke President of my
Royal Council."

" YO EL REY.

Interior. —" I declare that my brother having left no male
heir, I have succeeded him in the throne of the Spains ; I am
his legitimate heir and King, as I manifested to my very dear
brother now deceased, in the formal protest, dated the 29th of
April of the present year, as also to the Councils, the Deputies
of the kingdom, and other authorities under the date of the
12th of June.

" You will communicate this to the Council, in order that
they may immediately proceed to my recognition, and give the
necessary orders to proceed with it throughout the kingdom.
" Santarem, 4th October, 1833. " YO EL REY.
" To the Duke President of the Royal Council."
Third (or 8) as above :
" To the Duke President of my Royal Council."
Interior.—" I confirm all the authorities, and command that
this be immediately communicated.
" YO EL REY."
In the mfthanetvarieewolOseutc. h4,c criminal conduct, your Majesty, in pur-
suance of the opinion of the Concils of Regency and of Minis-
ters, was pleased to issue the Royal order of the lGth of Octo-
ber, by which the said Plenipotentiary was required to make
known to Don Carlos, " that by his rash and contumacious
conduct he had. legally. incurred the penalties of a conspirator
against the monarch peacefully recognized, of an exciter of re-
bellion, of a disturber of the peace of the kingdom, and pro-
moter of civil war, and that to his person and goods, and to
thase of his partisans; all the penalties applicable to the fomen-
ters of sedition and the perturbators of public tranquillity would
be applied, treating them as rebels with all the rigour of the
laws, if they ventured to appear on the Spanish territory."
The Plenipotentiary, accompanied by the Baron de Rame-
fort, put into his hands the above-mentioned Royal order of
the 23d of the said month, and in an official notice of the 24th,
it is stated that it was read to his Highness in their presence,
and in presence of two of his servants, and on the reading be-
ing ended, he said—" This is enough, we shall see who has the
best right; I also shall make use of mine."
Such is an extract of the above-mentioned certificate, the
antecedents of which are originals in the office of the Secretary
of State.

For the information of your Majesty and the Cortes, I think
it my duty to call your sovereign attention to other facts ante-
rior and posterior, which serve to mark the conduct of this ill-
advised Prince, and to discover the plans of his partisans.
It appears, in fact, that the whole affair was not personal to
him, but the system of a party.
The incendiary placard, entitled " Spaniards, union and
activity," fraudulently printed and profusely distributed in
1825, was well suited to throw a veil over its authors and ac-
complices ; the results of its subversive doctrines which were
carried into effect in 1826 and 1827 in the provinces of Guada-
laxara and Catalonia, compromising them in a positive man-
ner, became undoubted proofs when Don Carlos was called to
the immediate succession, since it was clear that the plan was
supported for the purpose of giving a triumph to certain princi-
ples appealing to manifest rebellion, and, if need were, to the
abominable crime of regicide. It would have been publicly
and notoriously proved by authentic documents, if they had not
been criminally abstracted by those having the charge of them,
that by means of these attempts Don Carlos aspired to seat
himself on the throne, dispossessing his august brother by
violence, and compelling his renunciation. That there is not
a single act, word, or writing, tending to show that the said
Prince disapproved of such horrid crimes projected in his
name, although his honour, the tranquillity of the kingdom,
and the preservation of the victims immolated by both parties,
required this manifestation.
This unhappy Prince, after patronizing them with his ex-
traordinarysilence, at length broke it in acts of undoubted
treason, such
uch as the protest of the 29th of April, and the decree
of the 4th of October, 1833, by those who dared to disavow
and repudiate the most solemn decisions of the Cortes and the
King, in reference to the succession to the throne.
Unbending in his criminal projects, his positive concurrence
in the insurrection and the civil war is not only matter of no-
toriety, but is proved by authentic documents which exist in
the office of my department.
Among the effects which were seized in the town of Guarda
in the month of April of the present year, various papers were
found of the so-called Secretaries of State of Grace and Jus-
tice, War and Finance, under the charge of Don Joaquim
Alnrca, Bishop of Leon, including letters signed and sealed
by Don Carlos, others by the Bishop, and others with the
rubric only of the latter ; also autograph decrees, containing
the nominations of secretaries of state and of captains-general,
copies and minutes of others, with ,instructions calculated to
produce insurrection in the provinces, to levy contributions,
and promote desertion among the troops ; grants also of rank
in the army, and of grand crosses ; anathemas and proscrip-
tions deinouncing death and confiscation of goods against all
such authorities as should remain faithful to our Sovereign the
Queen ; so that the whole being reduced under one point of
view, it results in point of fact without any room for doubt-
-Ist, that Don Carlos Maria Isidro de Bourbon gave cause, by
his silence, to the rebellion raised in his name, and that it
broke out more than once, when, if nothing had occurred to
prevent it, he would have attempted to ascend the throne in
his own right ; 2d, that his right having been transmitted to
the eldest daughter granted by heaven to your Majesty, he
openly refused to recognize her as his successor, thus disobey-
ing his King and Sovereign, as.appears from the protest made i

in Ramallon on the 29th of April, 1833 ; 3d, that he proceeded
in this criminal conduct by means of the most solemn declara-
tions, from the instant when he received official notice of the
death of your august spouse, who is in glory, as is proved by
tha letters and orders dated in Santarem on the 4th of Oc-
tober, 1833 ; 4th, that punishable resolution has been consum-
mated by means of seduction, and by the employment of force
on the part of the seducers. •
The ill-advised Prince, in his autograph communications of
the 9th and 21st of June, 1833, explicitly required, if he were
a criminal, that he should be' punished accordingly ; and the
Council of Regency, which was instituted by the wise fore-
sight of the Sovereign, by his last will and testament, for the
purpose of advising with your Majesty on such grave and
arduous affairs as might arise during the minority of your
august daughter, our Sovereign, the Queen, was of opinion,
and your Majesty so decided on the 16th of October, in con-
formity with the advice of your Council of Ministers, that as
Don Carlos had incurred the guilt of a conspirator, of an ex-
citer to rebellion, or a disturber of the peace of the kingdom,
and a promoter of ci7il war, there should be applied to his
person and property, and to those of his partisans, all the pe-
nalties enacted against the promoters of sedition and the per-
turbators of the public tranquillity, treating him as a rebel with
all the rigour of the law should he venture to set foot on the
Spanish territory.
Having been driven from the frontiers of the neighbouring
kingdom of Portugal by the proved valour and loyalty of your
arms, and having taken refuge in the kingdom of a friendly
Power, although by your Majesty's generosity he was offered
a suitable pension, with reference to the stipulations to that
effect in the treaty of the quadruple alliance, on the supposition
that he would renounce the criminal design of disturbing the
peace and repose of these kingdoms, yet this blinded Prince
rejected the proposal, and, impelled by the vile machinsiona
of intriguers, has dared to enter the territory of Spain. The
case has therefore arrived in which he must be treated as a
rebel, with.all the rigour of the laws.
It is already ages, Madam, since it was enacted by the Ist
law, title 2, part 7, that the first and greatest of treasons, and
that which ought to be most severely punished, is, where an at-
tempt is made to unsettle the power of the kingdom, and dis-
possess its legitimate occupant. The second law of the above-
menti med title applies to this horrid crime the punishment of
death, and the confiscation of property, adding that the sons of
the criminal can never enjoy the honour of knighthood, nor
any other office or dignity, and forbidding their enjoyment of
the right of succession to their relatives or to strangers, not-
withstanding the privileges allowed to daughters of inheriting
an aliquot part of the property of their fathers. And, accord-
ing to the third law, after the death of him who has committed
treason, the possession of his property is given to his heirs, or
to those who come in place of the traitor. Such provisions are
conformable with those of the earliest period of the monarchy,
and with what 114 s been published contemporaneously, or since
in the Partidas.
The 6th law, title 1, book 2, of the Fuero Juzgo, provides
that, " if any one attempt to raise the kingdom against the
Prince he shall suffer death, and his goods shall be at the dis-
posal of the King."
The Ist law, title 3, book 1, of the Fuero Real (which is the
Ist, title 1, book 3, of the Novisima Recopilacion), provides
that, when death befalls the King, all shall keep the kingdom
and the King's right for his son, or, failing a son, for his
daughter, who shall reign in his stead ; and if any one of high
or low degree shall not comply, he and all that belongs to him
shall be in the power of the King, who shall do with him and
his what he pleases.
The 2d law, title 7, book 12, of the Novisima Recopilacion
imposes also on the traitor the penalty of confiscation of all his
property.
There can be no decision more applicable to the case now
to be treated of. The letter and the spirit of these laws of
the kingdo -. —especially those of the Partida, enacted for the
purpose of freeing the nation from the endless evils arising
from the crime of treason—" which may be committed against
the person of the King or the commonwealth," according to
the expression of the above mentioned law 3d, leaves no room
to doubt that Don Carlos Maria Isidro de Bourbon has lost his
right to the crown, and that the line of which he is chief has
equally lost it. His sons are deprived of all their property
derived from their father, and the first and most valuable of
all is undoubtedly the right of succession. His sons, accor-
ding to the law, cannot hold any office whatever—and how
can they aspire to that of governing these kingdoms? His
more distant descendants must claim through a branch distinct
from the trunk for the advantages of a succession which was
previously open to them, and which nothing could transmit to
them through him after his incapacity.
In vain it will be attempted to invoke the generous ideas of
the age on the non-transmission of penalties to an innocent
posterity. Your Majesty has been pleased to consecrate this
principle, so conformable with sound morality and enlightened
policy, in the project of the penal code. But the case in
question is perfectly distinct. The stability of thrones, so in-
timately connected with the welfare of nations, is inconsistent
in its very nature with the creation of perpetual and in-
alienable rights in this important matter of succession to
the throne, like those which may and ought to have place in a
civil code for the maintenance and protection of individual pro-
perty. The fate of a nation, as • well now as for the future,
would be left exposed to all sorts of dangers without any shel-
ter or defence, if it wanted the faculty of providing for its own
preservation in circumstances so extraordinary as the present,
providing always that the rights of third parties shall not be
injured, for this right is essentially subordinate to the anterior,
and imprescriptible of the existence of society.
As little is there room for the application of the common
doctrine of Mayorazgoristos, or entails, according to which
those called to the succession do not derive their right from
the last possessor, but from the founder. The crime of high
treason requires the application of fundamental principles, cal-
culated to strengthen the throne and prevent convulsions
which might disturb the public peace. To this class belongs
what was dictated with so much wisdom and foresight by a ce-
lebrated legislator of the Partidas, in the above mentioned
law 2d, title 2d, part 7th ; and the founders of clauses who
desired to avoid their annihilation by the application of the
penalty imposed on the crime of lese-majesty, where the fra-
mers of the clause " that if any of the descendants should incur
the above-mentioned crime, it should be well understood that
they had renounced and lost their right on the day before it
was perpetrated, so that it might be transmitted to the imme
diate successor."

In the mayorazzo or entail of the Crown, created by the 2d
law, title 15, Partida 2, there is not the slightest vestige of
such a saving clause to be met with ; on the contrary, when
the transmission to collaterals is spoken of, in default of direct
succession, it is literally provided " that the nearest relative
shall-succeed in his own right, not having done any thing for
which he should lose it."

Nor was it to be expected from the wisdom of the legislator
that any thing should be left to the mercy of passion, and with-
out the security required by the good of the nation. The en-
tail of the Crown created for providing against the horrors of
anarchy, the mischief of civil war, the intrigues of electors, and
armed contests for the succession, raised implicitly in so far as
the rights created by it could be made effective, the essential
condition of " leaving matters in the same state, without reso-
lution, in opposition to the will of the founder."

It is an undoubted historical fact that the sage author of the
Partidas maintained the ancient laws and customs of the king-
dom, which received their stability and force from the unani-
mous and simultaneous will of Don Alphonso XL, and his
fellow-labourers in the Cortes of Alcala de,Heneras, in 1348.
Its nature may have been altered by the Cortes of 1713, but
those of 1789, which were celebrated with the same solemnity,
in connection with the pragmatica of 1830, which gave publi-
city to their deliberations, re-established its primitive form.
On such solid basis rests your Majesty's resolution announced
in the speech from the throne, in so far as it undertakes to
submit to the examination and deliberation of the Cortes the
grave question now treated of.

The Cortes, Madam, of 1834, which your Majesty in your
wisdom has caused to be assembled, and their indefatigable
desire to promote the welfare of the nation, do not yield in
legitimacy to the most solemn that ever met, since in their
organizatiorevarious defects have been rectified which injured
the ancient Cortes. They can, therefore, and ought to take
into consideration, whether the stability of the throne, the pre.
sent state of Spain, and its future felicity, require the exclu-
sion from the succession to the throne of that seditious Prince
Don Carlos Maria Isidro de Bourbon, and of all his race, ac-
cording to the provisions of the laws above quoted, and espe-
cially the Ist, 2d, and 3d, title 2d Partida 7.
If Philip V. and the Cortes of 1713, as is urged by the
guilty Prince and his partisans, could exclude from this suc-
cession the females of the major line and degree under the
preferable rights bestowed on them by the law of Partida,
postponing their respective descendants without any con-
sideration for what is called an acquired right, that which is
now claimed by Don Carlos, it appears to be beyond all doubt
that nothing can deprive the present Cortes, in conjunction
with your Majesty as Queen Regent, from exercising this im-
portant prerogative.
The sincere union of the nation and the throne in a matter
of such transcendent importance removes all suspicion of par-
tiality or resentment, and will give the decision to • be taken
the suitable character of firmness and legality.
The most imperious law of states, that of self-preservation
and tranquillity, requires the adoption of a measure in con-
formity with the laws of the kingdom, and with the basis of all
well-ordered society. In vain will the courage and loyalty of
your Majesty's troops triumph over the forces of the insur-
gents ; in vain will your Majesty, with the concurrence of the
Cortes and under the shelter of those fundamental laws re-
established by the Estatuto Real, extend to the nation the re-
forms and ameliorations demanded by the intelligence of the
age and the necessities of the people ; all will be unstable and
insecure if the slightest hope is left that the sons descendants
of a rebel Prince should one day sit in the august seat of loy-
alty mid honour. His partisans, affecting to yield respect and
obedience to your Majesty and to our Sovereign the Queen,
will find means to spread subversive ideas, calculated to para-
lise the action of the Government, to shake its moral force, to
sow distrusts, to disunite the zealous defenders of legitimacy,
and by these means to prepare for partial re-actions, the pre-

STATEMENT READ BY MARTINEZ DE LA ROSA TO 'rHE CORTES
ON THE BTH AND 9TH OF AUG. 1834.
From the moment when I was honoured with the august
confidence of her Majesty the Queen Regent, by my nomina-
tion as Secretary for Foreign Affairs and President of the
Council, I was convinced, that amidst the difficulties which
were to be met with in the critical situation of the Govern-
ment, it was our duty to apply ourselves to two points of lead-
ing importance, fixing permanently the basis of' a good system
of internal government, re-establishing the ancient funda-
mental laws of the monarchy, with the alterations required by
the change of time and circumstances, and adopting, as our
guide and instructor, in the policy of Spain towards foreign
nations, a principle not less just than it is simple—that of re-
spect' for the rights of others, combined with a steady refusal
to submit to the violation of our own.
The Estatuto Real, and the celebration of the Cortes, se-
cured to the nation those salutary reforms which our present
situation requires, together with those successive ameliorations
which are necessarily the work of time, the mere fact being
sufficient to prove the excellency and advantage of a repre-
sentative Government, that the responsible depositories of
power have come to render an account to the illustrious Pro-
ceres and the worthy Procuradores in Cortes assembled, of
the actual condition of the various branches of the public
administration.
In now performing this duty it is not necessary that I should
involve myself in profound political combinations, and still less
that I should make a display of skill or dexterity : having
given a statement of our position and circumstances, the course
I have to follow will be clear.
The subject of greatest urgency and importance which pre-
sents itself to my view is the grave question of Portugal, a
question which has become complicated by various causes
during the tedious contest in that kingdom ; but which, with
regard to Spain, has become decidedly simplified since the
period of the death of Don Ferdinand VII., now in glory,
when his august daughter ascended the throne, to the exclu-
sion of a Prince of the Royal stock, who has sought to dispute
her succession to the throne.
It is evident that every sort of political consideration ought
here to yield to one only, and that the similarity, not to say
the identity, which exists between the cause of Donna Maria
da Gloria and that of Donna Isabel 11., must sooner or later
have established a natural, intimate, and permanent alliance
like all those which are founded in real interests and in the
instinct of selfpreservation.
Happily, the cabinet of his Britannic Majesty, connected by
special ties with the Government of Her Most Faithful Ma-
jesty, had required a few days before my accession to the Mi-
nistry a categorical answer with regard to the views and in-
tentions of the Spanish Government on the subject of the re-
cognition of Donna Maria da Gloria as Queen of Portugal,
and as to the time, the form, and the conditions under which
it was to take place.
The answer was clear, because dictated by good faith,--it
was decorous, because it proceeded from the Government of
Her Catholic Majesty.
The conduct observed by the Prince Don Miguel, from the
period when Don Carlos manifested his projects of usurpa-
tion, and more especially the threatening and hostile attitude
he had assumed towards the legitimate Sovereign of Spain,
left this Government free and unembarrassed in pursuing
that line of policy which was just and convenient, without
maintaining even the show of delicacy and consideration for a
declared enemy.
It was therefore explicitly stated to the-British Cabinet, Ist,
That the Spanish Government was ready to concur by all the
means in its power towards the re-establishment of tranquillity
in both kingdoms, by the expulsion of Don Miguel and Don
Carlos from the Peninsula. 2d, That as soon as this basis was
assented to, negotiations might be opened, not for the end but
the means. 3d, That on their part, the Spanish Government
would immediately recognize Donna Maria da Gloria as Queen
of Portugal without condition or reserve.
As soon as this important communication took placa, instruc-
tions were given to the Marquis de Miraflores, her Majesty's
Minister in London, which were soon afterwards communicated
to the Duke de Fries, the Spanish Ambassador in Paris, in
conformity with the wishes and desires of her Majesty the
Queen Regent, to act in everything in concert with her august
Allies, in order that at length a favourable turn might be given
to her efforts in maintaining the peace of the world.
While the Spanish Government was prompting the two Ca-
binets to concur in the accomplishment of the end in view, Don
Carlos was redoubling his machinations in a neighbouring king..
dom, gathering together his rebel bands, and even placing
himself on the frontier in order to give the signal for insurrec-
tion. Under these circumstances, the duty of self-defence
prescribed to the Government the necessity of chastising so
many provocations, and dictated the energetic means which
were adopted. The threat and the blow were given at once.
Without the design or intention of disturbing the independ-
ence of a noble and chivalrous nation, without exacting from
its inhabitants the smallest sacrifice, and without molesting
them with burdens or exactions, but, on the contrary, receiv-
ing from them the most authentic acknowledgments of the dis-
cipline and good conduct of our troops, we passed the frontier,
and penetrating into the very heart of Portugal, co-operated
in the prompt and speedy issue of that tedious conflict,
Thus ended the contest, even before the treaty of London
was duly ratified, a treaty whose immediate object was to se-
cure the tranquillity of the Peninsula and the expulsion of the
two Princes, thus contributing to the disappearance of one
cause of perturbation and uneasiness, which, although appa-
rently enclosed within the two seas and the Pyrenees, might
sooner or later extend its pernicious influence and occasion
dangerous complications throughout the general system of
Europe.
After the Spanish Government had fulfilled that part of the
treaty in which it was concerned, contributing to render more
complete the triumph of the gallant army of her most Faithful'
Majesty Donna Maria 11., we showed ourselves not less faith-
ful and exact in the petformance of another stipulation regard-
ing a Prince whose ambitious designs had heaped so many
evils on his country. Actuated by the impulse of her generous
feelings, and in conformity with the desires of her anent
allies, her Majesty the Queen Regent expressed her readiness
to bestow such a pension on Don Carlos as might enable him
to live in tranquillity, and in a station consistent with his illus-
trious birth, but always under the condition that he was not to
return to disturb the tranquillity of these kingdoms with his
unfounded•pretensions, and that he was to fix his residence in
a country which offered no motives of alarm or uneasiness to
the Spanish Government.
The Cabinet of his Britannic Majesty supported this mea-
sure of the Spanish Government with zeal and efficacy, than
which there could be no testimony more undeniable of their
friendly dispositions ; but this blinded Prince having mani-
fested an intention to persist in the assertion of his pretended
rights, the Spanish Government, on their part, declared them-
selves entirely free 'from any sort of compromise which might
be supposed to be derived as to this point from the treaty of
London.

At ease, and satisfied with the expulsion from Portugal not
only of him who had attempted to: usurp the crown of Spain,
but also of the Prince who had imprudently lent him his aid
and protection, and respecting even in an enemy the rights of
misfortune, her Majesty the Queen Regent has afforded the
most solemn and public testimony, that whatever may be
the evils arising to the nation from the vain attempt to usurp
the throne, in contravention of the provisions of the fun-
damental laws of the monarchy, in opposition to the imme-
morial usages of these kingdoms, and against the manifest
will of the nation, the responsibility before God and man
must rest anew on him who has just declared, without dis-
simulation or concealment, that he will continue to sacrifice
to his ambition the peace and tranquillity of these kingdoms.
Her Majesty will know how to defeat such criminal expecta-
tions, and the National Cortes, the faithful interpreters of the
loyalty of the nation, will contribute towards the adoption of
such energetic and salutary measures as may put an end to the
present evil, and dissipate all future dangers.
In the negociations which were opened before and since the
treaty of London, her Majesty the Queen Regent received
from her august allies, his Majesty the King of the French
and his Majesty the King of the United Kingdom of Great
Britain and Ireland, repeated testimonies of the most friendly
dispositions ; and it may equally be said that the last attempt
of Don Carlos—his clandestine flight from the country which
offered him an asylum—his disloyal correspondence with the
Governments which had protected him in his misfortunes--
and his manifest intention to foment by his presence the flames
of civil war in the insurgent provinces, served only to strengthen
more and more the common alliance between the four Powers
who were parties to the treaty of London, which still subsists
in all its force and vigour.
The French Government has renewed in she most positive
terms the orders which Were given to prevent the transmission
of arms and other aid to the insurgent bands, causing also ad-
ditional forces to be placed to ensure respect to the French
frontiers ; and the Cabinet of his Britannic Majesty has ordered
several vessels to cruise within sight of our northern shores, in
order to prevent the rebels from receiving it by sea ; while the
Government of her Most Faithful Majesty has volunteered the
most generous offers of her readiness, if needs be, to assist in
the common defence.
It is satisfactory to her Majesty to have this opportunity of
acknowledging the benevolent dispositions of her august allies,
at the same time that she confides in the fidelity of the army,
in the support of the Urban Militia, and in the energetic will
of the nation, which itself will suffice to disabuse this impru-
dent prince, and teach him a lesson of experience.
Such is the most important point in the relations of my de-
partment of the Ministry • to which by the express order of
her Majesty I have to call the attention of the Illustrious Pro-
ceres and the Procuradores of the Kingdom, intimately per-
suaded as I am, if my wishes do not deceive me, that the treaty
of London will secure the definitive triumph of the cause of the
legitimate throne, of liberty and order, against the insensate
projects 'of tyranny and usurpation.
Several other Governments besides those already mentioned
have solemnly recognized our. Sovereign the Queen by the
prompt renewal of the customary relations of friendship and
correspondence. This is the case with his Majesty the king
of Denmark, his Majesty the King of Sweden, the Hanseatic
Towns, the Emperor of Morocco, and the Republic of the
United States of America....
With this last Power a treaty has just been ratified, which