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169. To the King shall be given the title of Catholic Majesty.

170. The power of executing the laws resides exclusively in the King, and his authority extends to every thing conducive to the preservation of the public order in the interior, and the security of the State abroad, conformably to the Constitution and the Laws.

does so, it shall be understood that he has abdicated.-3. The King cannot alienate, cede, renounce, or in any way transfer to another the royal authority, or any of his prerogatives. If for any reason he wishes to abdicate the throne in favour of his immediate successor, it shall not be in his power to do so, without the consent of the Cortes.-4. The King cannot alienate, cede, or exchange any province, city, town, or place, or any part, however small, of the Spanish territory.-5. The King cannot make an offensive alliance or special treaty of commerce, with any foreign power, without the consent of the Cortes.-6. The King cannot bind himself, however little, by any treaty, to give subsidies to any foreign power, without the consent of the Cortes.-7. The King cannot cede or alienate the national domains, without the consent of the Cortes.

171. Besides the prerogative inherent in the King, of sanctioning and promulgating the laws, the following, as leading functions, also belong to him:-1. To carry into effect the decrees, regulations, and instructions, which he institutes for the due execution of the laws.-2. To take care that throughout the whole kingdom justice be duly and promptly administered.-3. To declare war, and make and ratify peace.-4. To nominate the magistrates of all the civil and military tribunals on the proposition of the Council-8. The King cannot exact taxes or conof State.-5. To provide for all employ. ments, civil and military.-6. To present to all the bishoprics and ecclesiastical dignities and benefices, in the gift of the Crown, on the proposition of the Council of State.-7. To command armies and fleets, and to nominate their Generals.-8. To dispose of the armed force of the country, by distributing it as may be most expedient.-9. To direct all diplomatic and commercial relations with other Powers, and to nominate Ambassadors, Ministers, and Consuls.-10. To superintend the coinage of money, on which his bust and name shall be placed.-11. To direct the application of the funds destined to the several branches of the public administration.-12. To pardon criminals as regulated by the laws.-13. To submit to the Cortes propositions of laws, or of reforms which he may think conducive to the good of the nation, for their deliberation, in the form prescribed.-14. To nominate and dismiss at pleasure the Secretaries of State, &c.

172. The Restrictions on the Royal Authority are the following:-1. The King cannot impede, on any pretext, the assembling of the Cortes at the periods, and in the cases provided for by the Constitution, nor suspend nor dissolve them, nor in any manner obstruct their sittings and deliberations. Whoever shall advise or assist him in any attempt for these purposes, are declared traitors, and shall be prosecuted as such.-2. The King cannot absent himself from the kingdom without the consent of the Cortes: and, if he

tributions, under any name whatever, or for whatever object, either directly or indirectly, without the Cortes having always previously decreed them.-9. The King cannot grant exclusive privileges to any individual, or any corporation.-10. The King cannot seize the property of any individual or corporation, or disturb them in the profession, use and enjoyment of it; and if, in any case, it shall be found necessary for an object of acknowledged public utility to take the property of any individual, it shall only be done by giv ing, at the same time, a suitable indemnification, and a fair exchange, on a valuation, by qualified and honest men.-11. The King cannot deprive any individual of his liberty, nor of himself inflict any punishment. The Secretary of ——, who signs the order, and the Judge who executes it, shall be responsible to the nation, and punished as guilty of an attack on personal liberty, only in cases where the happiness and safety of the State require the arrest of any person, shall the King be empowered to issue orders to that effect, but on condition only that within forty-eight hours he shall submit the question to the investigation of some tribunal or competent judge.-12. The King before contracting marriage, shali give notice to the Cortes to obtain their consent.

173. The King, on his coming to the throne, and if he shall be a minor, on his entering on the government of the kingdom, shall take an oath before the Cortes, according to the following formula :

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We (here his name) by the grace of God, and the constitution of the Spanish Monarchy, King of the Spains, swear by God and the holy Evangelists, that I will defend and preserve the Catholic Apostolic Romish religion, without permitting any other in the kingdom; that I will observe, and cause to be observed, the constitution and laws of the Spanish Moarchy, having as my only object in all that I shall do, its prosperity and advantage; that I shall not alienate, cede or dismember any part of the kingdom; that I shall never exact any proportion of fruits, money, or other thing, unless the Cortes shall have decreed them; that I shall never take from any one his property; and that I shall respect above all, the political liberty of the nation, and the personal liberty of every individual. And if in what I have sworn, or in any part of it, I shall do the contrary, Lought not to be obeyed, and let that which I shall do to the contrary be null and of no effect. So help and defend me God! and if not, may he require it at my hands." CHAPTER II. Of the Succession to the

Crown.

In this chapter the Committee proposes the same as the whole nation, and the Cortes have since proclaimed and sworn solemnly in favour of S. D. Fernando VII. actual King of the Spains, and of his descendants and lawful successors; but the Cortes have reserved them for a separate discussion of the inferior details of this chapter.

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CHAPTER III. Of the Minority of the King, and of the Regency.

Art. 185. The King is a minor till he is 18 years of age.

186. During the King's minority, the kingdom shall be governed by a Regency. 187. The provision shall be the same when the King is incapable of exercising his authority, from whatever cause, phyşical or moral.

188. If the incapacity of the King shall continue for two years, and the immediate successor, or shall be more than 18 years of age, the Cortes shall have it in their power to appoint him Regent of the kingdom instead of the Regency.

189. From the death of the King till the Extraordinary Cortes assemble, if the Ordinary are not met, the provisional Regency shall be composed of the Queen mother; if there is one of the two Deputies of the permanent Deputation of the

Cortes, the oldest by election in the Deputation, and of the two senior Counsel lors of the Council of State, viz. the Dean, and he that is next to him. If there is no Queen mother, another Counsellor of State, the third in seniority, shall also enter the Regency.

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190. The Queen mother, if there is one, shall preside in the provisional Regency; and in case there is none, the Member of the permanent Deputation of the Cortes who is the oldest in the order of their election for the said Deputation.

191. The Provisional Regency shall dispatch no other business but such as admits of no delay, and shall neither remove nor appoint to employments, except for the time being.

192. The Extraordinary. Cortes having assembled, shall nominate a Regency, composed of three or of five persons.

193. To be qualified to be a Member of the Regency, it is necessary to be a native of the kingdom.

194. That Member shall preside in the Regency whom the Cortes shall designate, should they not think it expedient to establish a regulation of taking the Presidency by turns.

195. The Regency shall exercise the authority of the King in such terms as the Cortes deem may proper.

196. Both Regencies shall take an oath according to the formula prescribed in will be faithful to the King and the perArticle 173, adding the clause, that they manent Regency; shall add besides, that they will observe the conditions that the Cortes have imposed on them for the exercise of their authority; and when the King shall arrive at the age of majority, or his incapacity shall cease, they will deliver into his hands the government of the kingdom, under pain, in case of a moment's delay, of having its Members seized and punished as traitors.

197. All the Acts of the Regency shall be published in the name of the King.

198. The Tutor of the King in his mi nority shall be the person whom the deceased King shall have nominated in his will. If more shall have been appointed, the Queen mother shall be tutoress so long as she remains a widow. In default of her, the tutor shall be nominated by the Cortes.

199. The regency shall take care that the education of the minor King shall be suitable to the great object of his high dignity, and that it be conducted con

formably to the plan that the Cortes shall approve.

Prince

the following form:-"I of the Asturias, do swear by God, and by 200. The Cortes shall fix the members the Holy Evangelists, that I will defend of the Regency. and maintain the Catholic, Apostolić, CHAPTER IV. Of the Royal Family, and of other in the kingdom; that I will preRoman religion, without permitting any

the Title of the Prince of Asturias. 201. The first born son of the King shall be called Prince of Asturias.

202. The other sons and daughters of the King shall be called Infantes of the Spains.

203. In like manner the sons and

daughters of the Prince of Asturias shall

be, and should be called Infantes of the Spains.

204. To these persons precisely shall be limited the title of Infante of the Spains, without the possibility of its being extended to others.

205. The Infantes of the Spains shall enjoy the distinctions and honours that they have done hitherto, and may be nominated to any employment, except those of judicature, and the deputation of the Cortes.

206. The Prince of the Asturias cannot

leave the kingdom without the consent of the Cortes; and if he leave it without their consent, he shall, thereupon, be excluded from the succession to the throne.

⚫ 207. The same shall happen if he remain out of the kingdom for a longer time than that prescribed in the permission; or if, on being required to return, he does not do so within the period which the Cortes may ordain.

208. The Prince of the Asturias, the Infantes, and Infantes, and their children and descendants, cannot marry without the consent of the King and the Cortes, under pain of being excluded from the succession to the throne.

209. An authentic copy of the certificates of birth, marriage, and death, of all the persons of the Royal Family, shall be remitted to the Cortes, and in the suspension of its sittings, to the permanent deputation, in order that it may be placed in their archives.

210. The Prince of the Asturias is to be acknowledged by the Cortes with the formalities which the regulations of their interior governments shall prescribe.

211 This acknowledgment shall be made in the first Cortes holden after his birth.

212. The Prince of the Asturias, after arriving at the age of 14 years, shall take an oath in the presence of the Cortes, in

serve the Constitution of the Spanish Monarchy, and that I will be faithful and obedient to the King. So help me God." CHAPTER V.-Of the Maintenance of the Royal Family.

213. The Cortes shall assign to the King the annual revenue of his household, which shall be conformable to the high dignity of his person.

the royal palaces which his predecessors 214. There shall belong to the King all have enjoyed, and the Cortes shall point out the lands which may be his recreation.

proper

for

[The following Articles, to 221 inclusive, relate to the appropriations for the the Royal Family, pay of the Regency, maintenance of the different members of &c. The allowances for the King and the Royal Family are fixed at the commencement of each reign, and cannot be altered during that reign.]

CHAPTER VI.-Of the Secretary of State and Dispatch.

222. The Secretaries of Dispatch shall be eight, viz. the Secretary for the dispatch of the affairs of State; the Secretary for the dispatch of the affairs of the Government of the Kingdom; the Secretary for the dispatch of the affairs of Grace and Justice; the Secretary for the dispatch of the affairs of Finance; the Secretary for the dispatch of the affairs of War; the Secretary for the dispatch of Marine affairs; and two Secretaries for the universal dispatch of ultra Marinę business; one for the affairs of North America and its Isles, and the other for those of South America, its Isles, and the provinces of Asia. This regulation of two Secretaries, for the universal dispatch of affairs abroad, is thus fixed for the present, but future Cortes will make such altera tions as experience or circumstances may require.

223. By a regulation approved by the Cortes, each Secretary will have prescribed to him those affairs which shall belong to his department.

224. All the orders of the King shall be issued under the seal of the Secretary of the Department in which the subject of such orders are referable, No tribunal or

authority shall give execution to an o.der in which this requisite is wanting.

225. The Secretaries of the Dispatch shall be responsible to the Cortes for any orders which they may give contrary to the Constitution of the laws, and their haying been ordered by the King shall be to

them no excuse.

226. The Secretaries for the Dispatch shall prepare the estimates of the expences of the public Administration, each accord ing to what may appear to be necessary for his respective department, and shall tender an account of the expenditure which has taken place in the mode which shall be prescribed.

233. For the formation of this Council a Committee of the Cortes, consisting of twelve members, shall prepare a triple list of the respective classes of Counsellors in the proportion stated above. From this list the King shall choose 40, taking the Ecclesiastics from their class, the Grandees from theirs, and the other members from their respective classes.

234. The Cortes shall keep this list always complete, filling up the blanks which may arise from appointments to offices, or from the decease of any of the persons included in the list.

235. The Council of State is the Council of the King, who shall consult its opinion 227. When the Cortes shall be of opi- on all important points, and particularly nion that a case has occurred in which in giving or refusing the Royal assent to the responsibility of any of the Secretaries laws, in declaring war and making treaties. of Dispatch ought to be rendered effective, 236. This Council will propose to the they shall, before proceeding to any other King three names for filling up each vabusiness, come to a decree, declaring whe-cancy in Ecclesiastical Benefices, or Juther or not there be ground for an accusa- dicial Offices. tion.

228. This decree being passed, the Cortes shall transmit to the Supreme Tribunal of Justice all documents concerning the subject which is to come under cognizance of that Court, which shall substantiate the facts, and decide the cause according to the laws.

229. The Cortes shall fix the salaries of the Secretaries of Dispatch.

CHAPTER VII.-Of the Council of State. 230. There shall be a Council of State, consisting of 40 Members.

231. This Council shall be composed precisely in the following manner; viz. four dignified Ecclesiastics, and no more, of whom two shall be bishops; four Spanish Grandees, and no more, possessing virtue, talents, and the necessary information. The remaining members shall be chosen from among persons who are employed or have been employed in diplomatic situations in the army, in offices of Finance and the Magistracy, and who have distinguished themselves by their talents, knowledge, and services. The Cortes shall not propose for these places any individual, who, at the time of appointment, may be a member of the Cortes; at least twelve of the members must be from the ultra marine provinces.

232. All the Counsellors of State shall be appointed by the King, on the proposal of the Cortes.

237. The Counsellors of State cannot be removed without good cause made out to the satisfaction of the Supreme Court of Justice.

238. The Cortes shall fix the salaries of the Counsellors of State, it being understood that none shall be allowed to any Ecclesiastic, who, in consequence of his dignity, may have his residence in the Capital, nor to any Grandee.

239. The Counsellor of State, on entering into office, shall take an oath before the King to preserve the constitution, to be faithful to the King, and to counsel him to what may seem to them to be conducive to the public welfare, without any secret view, or private interest. (Signed.) DIEGO MUNOZ TORRERO,

President of the Committee.
AUGUSTIN DE ARGUELLES.
F. S. R. DE LA BARCENA.
Dr. MARIANO MENDIOLA.
PEDRO MARIA RIC.

FRANCISCO Guttierrez de LA HUERTA.
ANTONIO JOAQUIN PEREZ.

JOAQUIN FERNANDEZ DE LEYVA.

VICENTE MORALEZ DUAREZ.
JOSE DE ESPIGA.
ALONSO CANEDO.
ANTONIO OLIVEROS.
ANDRES DE JAUREGUI.

EVARISTO PEREZ DE CASTRO.

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Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall-Mali. LONDON:-Printed by T. C. Hansard, Peterborough-Court, Fleet-Street,

VOL. XX. No. 17.]

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LONDON, SATURDAY, OCTOBER 26, 1811.

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"The officers of the army may depend upon it, that the enemy, to whom they are opposed, are "not less prudent than powerful. Notwithstanding what has been printed in GAZETTES and NEWSPAPERS, we have never seen small bodies, unsupported, opposed to large; nor has the experience of "any officer realized the stories, which all have read, of whole armies being driven by a handful of light "infantry or dragoons."-(Signed) WELLINGTON.-Circular Letter to the Officers of the English Army in Portugal, which see in another part of this Number.

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SUMMARY OF POLITICS. TALAVERA'S WARS.-In my last, at page 490, I broke off this subject abruptly, because there was not room for the whole of my Article, without dividing the Plan of the Spanish Constitution, which I wished to avoid by all means.—Before I resume it, I think it necessary to refer to a passage, published in the Register of the 20th of July last, and to which pas. sage, I am informed, an interpretation has been given, which I am sure it does not bear, and which I well know not to have been my meaning. It relates to Lord Wellington, and after noticing, that his brother had lately called him a "dis"tinguished warrior,' it proceeds thus:

— If he be not, it shall not, if I live, "be for want of one to give, and put upon "record, a full account of all his opera"tions: not a lying account; not a hire. "ling account; not a base and abomi"nable string of frauds upon the people "of England, which serve to cheat some "of thein and to furnish others of them "with excuses for their villainies, but, "which, so far from deceiving the rest of "the world, are the scorn and contempt "of all foreign nations; not an account "of this sort, but a true account; an ac"count which will place all the actors, on "both sides, in their proper light; that "will hold up the skilful and the brave "to the admiration of posterity, that will "show what misfortunes, disgraces, and "miseries proceed from putting power in "the hands of a fat-headed fool, and that "will damn to everlasting infamy those "who have sought to disguise their cow"ardice by the means of blustering and "lies, be they on which side they may."

-The words in italics have, I am informed, been, by some persons, and those pretty closely interested in the matter, represented as intended to apply to Lord Wellington. Now, not only did I not mean so to apply them; but, they do not, in

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any way that they can be viewed, bear that construction. They have no reference to him at all; they do not point at him, but, on the contrary, they point, if they point at all, away from him, he, as it is well known to me as well as to all who ever saw him, being, not a fat-headed but a lean-headed man. However, notwithstanding the evident marks of the non-application of the words, I have no scruple solemnly to declare, that I had him not in my eye in using them; that I did not mean him; and that I never either heard him called, or called him, or thought him, a fool, in my life.From the beginning of the war in Portugal I have been endeavouring to guard the public against the falshoods, the endless falshoods of the vena press; and, I have several times observed, that this press, while it was incessantly extolling the General, was, in fact, doing its best to demolish his reputation, by swelling out his numbers, and by diminishing the force of the enemy and speaking contemptuously of that enemy. It is curious enough, that those representations of mine should, at last, have been seconded by the General himself: whether the venal crew will pay more attention to him than to me I cannot say; but, I should not be much surprised, if they were now to turn round upon him and retract all their former extravagant praises.--The Circular, from which I take my motto, has appeared in all the London news-papers, and has evidently been inserted by pretty good authority. With regard to the censure it contains on Col. COCHRANE, the censure is not very harsh, and the offence is one which will always be looked at with a very lenient eye. Över-zeal and unrestrainable courage, though they may sometimes be productive of loss, are, upon many occasions, the very things which are decisive of victory.The mention of the marvellous" stories," that is to say, lies, which all have read," in Gazettes and news-papers, is very important. He, pro

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