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 Cortesopf 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 the
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 •
have 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 mien. anj ~ .
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 pre.
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 Castles Lase
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..
should 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 ChThe.ftil:owing Articles, to 221 inclusive, relate
e appropriations for the maintenance of tkell•
convene them, and fix the day of their meeting in the
three following cases : (event 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 shad 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 duties 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 of 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 Ecclesiase
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- Ve34- The cunt% ,h 4.1 keep oils last always 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 the persnns included in the list.
I abroacr,sconfi,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 eases ivillP • 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, treoa 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 any Grandee.
:to abdicate the Throne in favour of his immediate sue- 239' '1 he Counsellor of State, on enteting 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 territory.-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-11a 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 Sommer,
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 some tribunal 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 Itile 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 ingleilterra o Parigi, 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 cloth,
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.