The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-10-12

elections could be held in those parts of the
country occupied by the French, nor was it
any easy matter to convene the transmarine
Representatives. The consequence was, that
substitutes were nominated, and here, of course,
representation failed. It was accordingly or
dained that the imperfect Cortes should pick
out twenty-three persons to represent the
places held by the French, and thirty for the
Indies. A power was then vested In the Prcsi-
dent of the Council of Regency, to cite before
himself and the returning judges such natives
and emigrsnts from the provinces occupied by
the French, as might happen to be sojourning
in La Isla and Cadiz who were to prepare
lists in prescribed proportion; and where
any native Americans or Indians could be
found, they were to be entitled to a seat in
Cortos; and those trsn.marine deputies who
arrived afterwards were to be blended with
the rest. In the Guia Politica de las Espanos
for 1912, equivalent to the English RED Book,
the numbers of deputies are thus enumerated !:
the RETURNED for Spain, 212; SUBSTITUTES
for Spain, 81; RETURNED for South America
and Asia %; SUBSTITUTES for South Amer
lea and Asia, SO. Thus, in this mixed form,
the Cortes consisted of 303 members. Had
this been a temporary Constitution, only de-
signed 20 exist so long as the French were in
the hostile occupation of the territory, but la
bic to revision or complete discontinuance after
the restoration of the lawful King, the exigencies
of the times would have been an ample apology
for any defects But it was intended to be per-
manent; and, from the PREAMBLE, already
cited, it is evident that the trainers OF the new
code intended to deprive the King Of the power
of dissolviDg or proroguing the COrtes. Ii must
also be observed that o new plan was formed
for the government of the provinces, the election
of municipalities, the assessment of taxes, and
for variety of other minor and local purposes.
Many charters were abolished, and titles were
extinguished This last measure alone was
sure to produce q reaction, as it stirred up the
resistance of the most powerful Church in
Europe-powerful both by its wealth and its
immense influence over the whole rural popu-
lstion; nor was it weak, even in the large
towns
We have no desire TO undervalue the eervi-
ces Of the Ccrtes during the war Of independ-
ence; but truth compels us to protest against
some of tho exsggerations in which its parti-
sans have INDUCED. They claim for this as
semhly the merit of having saved Spain but
forget that It did not meet till December 1910,
whereas the royal family of Spain were kidnap-
ped by Bonapsrte, and incarcerated in the in
terror of France, in May, 1903. Therefore they
can take no credit 10 themselves for the victory
of Baylen, or for the evacuation of Madrid, In
1908 They did not originally treat with Eng
land for succor, for both Sir John Moore and
Sir Arthur Wellesley were in Spain, at the
head of British armies before their political
existence. Let us, however, render to them
the praise they are entitled to receive, before
we approach the downfall of the Constitution
they erected. They reared the superstructure
'of national liberty and prosperity on broad
and deep foundation. Personal liberty the
=. &c 80 e III
trials at law and OF the sentences pronounced,
and an unlimited latitude of defence for nli
parties accused, were guaranteed. Trial by
T1ry was embodied in one Of its articles, but
it's practical adoption was adjourned. The
national representation, though incomplete, ss
already noticed, sdmitted the majority of Spar
iards TO the suffrage 1t was not perfect but
perhaps it could not have been better in the
crisis at which it was framed. The liberty of
the press the very essence of free Governments
was declared to be fundamental law All
the provinces were secured in the Anglo-Saxon
principle of local control over local sffars
Finally, this extraordinary Cortes abolished
the Ipquisition, in spite of the rcsolute and
protracted resistance Of the clergy, who had
also keenly opposed the liberty of the press
FOR the priests were present as elected members
of the Cortes, though not, as in the ancient
Cortes, as q privileged ecclesiastical corpora
ton. 1t is important here to observe, in anti
cipation of future events, that the Emperor of
Russia, the KING of Prussia, and the King of
Sweden, formally recognized this Constitution
by treaties, which ct that period they signed
with Spain.
The COrtes CT Csdiz, as this assembly is usu-
ally designated by the Spanish writer's, closed
its labors on the 14.h September, 1913, three
years, ell but ten days, from the period of their
opening The ordinary Cortes then immcdi-
ately opened their session, moving successfully
from Cadiz TO the isle Of Leon, and thence to
Madrid, where they began their lsbors az the
beginning Of 1914. The extraordinary Cortos,
90 give proof to the world of ito patriotism
and disinterestedness, had resolved that none
Of its members should be eligible to a seat in
the ordinary Cortes-an error the more uDpar-
donable, since they had before them the fatal
example of the constituent assembly of France,
who, abandoning legislation 10 new hands, pre-
pared the overthrow Of the monarchy, and all
that long train of horrors which only ceased
by tho establishment of military despotism
The first act Of the new Cortes was, however
enlightened and dgnifed. After the battle of
FittOria Napoleon proposed a treaty to the
captive Ferdinand, in the name Of the Spanish
people, which was concluded On the 18Th De-
cember, 1913, at Yslencay, in France. It
stipulated " that hostilitie3 should cease that
Napoleon should acknowledge Ferdinand VII
and his successors, according to the order of
succession established by the fundamental laws !;
that the Spanish territory should be evacuated !;
finally, that the Spaniards who had followed
the fortunes of Joseph should be restored to
their former employments, rights and honors /"
The Duke of San Carlos brought this treaty to
Spain, but its ratification was refused by the
Regency How, indeed, could they have ao-
coded to such ignominious termsa The vile
and ungrateful Ferdinand had consented to the
expulsion of the English, who had conquered
his mortal enemy; but what was even worse,
he would have restored to their former position
the base wretches who had abandoned the hon.
or of their country, and bent their knees to the
intrusive King
The allied armies soon entered France, when
Napoleon consented to release the King and his
brother, the Infante Don Carlos, unconditional
ly. As soon as intelligence of this resolution
reached the Cortes, they published their cele-
brated decree of the 81 February, 1914, which
contained the following passages: eff Napoleon
permitted the King to return to Spain, the royal
family should enter the kingdom alone with
their suite, composed exclusively of Spaniards
that as soon as his Majesty arrived on the from.
tier, the Cardinal President of the Regency
should proceed thither to receive him that the
King should repair directly to Madrid, withou.
exercising any act on his own authority, till
free in the bosom Of the Cortes, he had sworn
10 maintain the Constitution" The Cardinal
was instructed to give him copy of it, to ex
plain its principal provisions, and put him in
possession Of the leading events that had &C.
Cured in Spain during the last six years.
This decree convinced the allies that the
Cortes would not assent to a peace without
their concurrence, which was the object of the
subtle policy Of Napoleon. On the contrary