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but free countries abound with them, and by these they have routed and conquered nations less free than themselves. A country which does not before all things give us a constitution, has nothing else to offer; hopes go for nothing; we require realities. Let the government then attempt to give us one, although it should even go so far as to renovate or amend the Cortes about to be convoked. Our enemy is very powerful, very crafty, and very active, he is well convinced of the truths which I have disclosed to you; he knows better than we do, that his greatest enemy, and that which he can never conquer, is a free constitution which shall equally interest all Spaniards in its defence. Nothing will aların him so much as this idea; he well knows that he could never have made so great a progress if he had had to contend with free nations. To gain his ends, he blinds the people of all countries, by offering them a degree of liberty he never means them to enjoy. Moreover, what security has the nation, that even supposing the enemy driven from the country, and our beloved Ferdinand restored to the throne, the Cortes will ever meet and form the constitution we require? Our laws provide that the Cortes shall be assembled. in various cases; as for instance, when contributions are required, when our customs are to be reformed, when the nation is impoverished, or we are visited by a terrible war; and yet, notwithstanding these provisions, when has the nation seen them realized, though their execution has so often been required? On what foundation can we believe that if the nation defers to call together the Cortes until a period when it will be impossible to call it without the effusion of much blood, it will ever be called at all? If a constitution is a blessing, which in the room of extinguishing will excite our patriotism, why defer the convocation of the Cortes? Perhaps the constitution may have to be made by those very persons whose arms are now employed in fighting with our enemies. Perhaps the work of the constitution may enervate the external war. Why should we then defer the remedy for our evils till it may be too late? This is the only means by which we can be able to conquer all the tyrants in the world. Every Spaniard possessed of good sense will ask and answer himself thus, "For what am I fighting? To defend my liberty? No: because I do not enjoy it since the na

VOL. IX.

tion has no constitution which secures it to me. To defend my country? No: because I have none; for without liberty I can have no country!"

The author then proceeds to consider the difference between the Constitution, or social compact, and civil code of a nation, on which part of his subject he makes the following just remarks.

"The constitution or social compact of a nation is not the same as its civil code; the one regulates the contracts and dissentions of the citizens among themselves; the other fixes and establishes the rights and duties of the governors and the governed. The people that enjoy a good constitution need fear no evil; it will infallibly improve their customs, reform their code, extend all the branches of subsistence and convenience, and finally, advance all the arts and sciences to the highest degree of excellence; but if the constitution is defective, if it is the work of ignorance or of intrigue, if it is not founded on just and equal principles, it is of no value; sooner or later it will fall to the ground. Rome presents us an example of this truth. What people does history shew us possessed of a government more wise, of morals more severe, of discipline more strict, of patriotism more ardent, of laws more duly weighed and deliberated! This people well knew the price of all these advantages; was worthy of freedom, adored its liberty, and detested tyranny. The senate forgot its accustomed equity in the single article of a constitution, and all that beautiful edice fell to the ground. The equal division of land was refused to the Roman people, and the infraction of that law, which was comprised in the conditions of the social compact, broke asunder all the bonds, all the springs that the republic so wisely organised. Liberty, country, and honour, all yielded to that resentment: and the people chose rather to submit themselves to the tyranny of the Marius's and the Carbos than obey the senate, which, by an er-、、 ror, deprived them of so sacred a right. The same happened to the Greeks, and to seek for no farther examples, the same happened to ourselves.

"The epoch of our misfortunes and our servitude ought to date from the time when we ceased to have a consti tution, or ceased to observe it. From

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the time that our Cortes disappeared, and our government no longer knew that restraint, nowithstanding the existence of a civil code, sufficiently wise to ensure us some degree of happiness, though susceptible of many reforms, we have become more degraded, more enslaved, more weak, and more unprovided with every species of resources. All these evils result from the want of a good constitution. The misfortunes we have suffered, and are even now suffering, require, that to avoid them in future, and that our children may never be sufferers from the evils which always attend a revolution, we should form a constitution which may consolidate the social union, that is, that the interests of the government and the nation may henceforth be the same, that their operations may be directed to the same end, that there may be no privileged classes in the state, and that we may thus avoid those irreconcilable enmities which they create between the different ranks of citizens. Revolutions have never arisen nor ever can arise but from oppression."

To enforce these remarks the author demands of his countrymen, and we may put the same important questions to the people of other countries "How can the people feel an interest in preserving the established order of things, when that establishment is subversive of the laws of

nature and the rights of humanity? How is it possible that they can voluntarily sacrifice their lives, in defence of a country which affords them neitheir security, property, nor liberty? The most stupid of mankind feel the force of truths so obvious !"

On the evils arising from the inequality of ranks and conditions in society, the author observes as fol

lows:

"The more I think of it, the more I

am convinced that all the evils of society arise from the inequality of ranks and conditions. Look at the history of all the nations in the world; inequality of conditions opens the door to all those passions which are the inseparable attendants of ambition. Inequality of fortunes gives rise to avarice, meanness, and robbery. Equality is the parent of

every good, unites men together, elevates their minds, and prepares them for sentiments of mutual benefice and friendship. Inequality, on the contrary, degrades, humiliates, and divides them, by introducing envy and malevolence. Nature has formed all men with the same feelings and the same necessities; nothing can be more contrary to it than that excessive inequality which has established barbarous laws, which elevate a few to riches and power at the expence of thousands. If legislation does not restrain the force of the passions, by regulating the education of youth, by inculcating moderation, and establishing equality, the strong will soon oppress the weak, will find means to corrupt and extinguish justice, and nature will cry out against their usurpation."

These observations are not approved of by the translator, who is of opinion, that the author's sentiments on equality are the result of theory, rather than experience, and that though they bespeak the benevolence of his heart, they shew that he has consulted his feelings, more than his judgment. The dream of equality, adds the translator, "has completely vanished in England, and connot long stand the test of reason any where."

That the theory of "equality" as recommended by our author, has, with many other excellent theories, long vanished, not only from this Country, but from all other countries, except America, we are ready to acknowledge; but this is no proof that the theory itself is a "dream." However it may be the fashion to explode, or detest it, which will be the case in proportion as corruption has taken root, we are firmly of opinion, that the theory itself" will stand the test of reason;"

it is certain that it is enforced by that system which may justly be termed reason refined and exaltedCHRISTIANITY. It would carry us too far were we to enlarge on this most interesting subject, but we will venture to express our firm belief, that the period is hastening when

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genuine christianity will be well understood; when the earth shall be full of the knowledge of the Lord as the waters cover the sea; and that the glorious consequences of this system being reduced to practice, will be the annihilation of the artificial distinctions of society; and what is of still greater importance, the annihilation of that grand evil of society which has arisen from those distinctions-WAR, with all its horrid effects. We will go a step farther, and declare our equally firm persuasion, that it is only in proportion as genuine christianity is understood and practised, that the best interests of society will be essentially promoted, or effectually secured.

We now come to the Constitution as drawn up by the author, and presented by him to the supreme junta of Spain in November, 1809. From which we select the following articles as of the greatest impor

tance.

"All Spaniards are subject to the same law, and ought to be tried in the same mode, without distinction of per

sons.

"There can be no other law than that which is enacted aud published by the nation, represented in the sovereign body, composed of the representative of provinces.

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Every province and island of Spain and America shall name one deputy for every forty thousand souls, as the representative of that province or island, in the sovereign body which shall be called the National Congress.

"There shall be no sovereign but that body; and it shall be a crime of state to call the king Sovereign, or to say that the sovereignty can reside any where but in that body.

"The Sovereign alone has the right of coining money, of altering its value, and its materials, and of creating paper

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tive can be a member of the sovereign or legislative body.

"Every person, proved guilty of having bribed or suborned the electors of the sovereign body, shall be heavily fined, and be declared incapable of ever being a member of that body, nnless he proves that some other member has used the same means of bribery.

"The sovereign body shall have the title of your sovereignty, &c. and the representations addressed to this body_shall The members shall have the title of Exbegin with the words' Sovereign Lord.' cellency, and the president of highness. "The form of the oath which the mem

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bers of the congress shall take, the first day of their admission, shall be as follows The president standing, and the secretary on his knees, with the book of the gospels in his band, shall say to every member, also on his kness, as he takes the book into his hand, making the sign of the cross. Will you promise and swear to perform all that the constitution requires, to be faithful to your country, and willing to shed even the last drop of your blood in its defence?' Each member shall answer, 'I swear,' and immediately the president shall reply, 'If you do this may God and your country reward you, if you do it not may your name be detested to all eternity. To this they shall all say Amen.

"No member of the national congress shall hold any public employment for three years after he has ceased to be a member; nor shall any of his relations, to the fourth degree.

"Every member of the congress shall enjoy a salary of one hundred thousand reals a year.

“As a constitution ought only to reward true merit; no rewards shall be granted to nobility; and all those distinctions, which require proof of nobility, shall be abolished.

"All military orders, and their commanderies, shall be abolished; but the Sovereign shall have three hundred and fifty pensions to bestow as rewards for eminent services, in addition to the usual way; and those who are thought worthy of them shall bear the sign of a cross on their breast.

"There shall be another order of distinction, called The Grand Reward of Merit,' which shall be a ring set with diamonds. The number of this order shall be indefinite, and no pension shall be attached to it. The Sovereign

shall present it, though only for the most eminent services, and the president shall fit it on in the presence of the whole body, with these words, ' Your country, which rewards the services of all her sons, presents you with this ring for your signal merit in such or such an action,' repeating the action performed. This reward may be granted to the king himself, to any of his children, or to the members of the representative body.

"Nothing being more opposite to liberty and justice than mystery and secrecy; and every citizen having a right to be acquainted with the motives which gave birth to the laws which he is compelled to obey, whenever a law is to be enacted, altered, or amended, or a new tax to be imposed, the sittings ought to be open, which will have a great effect both to enlighten people, and give them a confidence in the go

vernment.

"Every month a journal of the sittings of the congress shall be published and sold; the laws shall be printed, and every law shall contain the motives with which it originated.

"The king shall be subject to the constitution, which he shall neither alter nor injure, without being guilty of high treason,

"The king shall have the title of Lord and Majesty, but not of sovereign. "Before the accession of a new momarch, after one dead or deposed, two sessions shall intervene,for examining the abuses of the constitution.

"The person of the king shall be held sacred, and he shall be tried, deposed, or punished, only by the Sovereign.

"To depose the king, it is requisite that two thirds of the national congress should agree.

"To elect a new king, a plurality of voices shall be sufficient.

"He cannot declare war, make peace, or send ambassadors, but he may make an armistice, or a provisional treaty, without leave of the Sovereign.

"He cannot leave the nation without permission of the sovereign; if he does, it shall amount to a deposition.

"He shall enjoy, by reason of his dignity, a revenue of twenty-four millions of reals, and three royal palaces. "The Sovereign shall nominate the masters to educate the princes.

The king, his eldest son, or the im.

mediate heir to the crown, shall not marry without the consent of the Sovereign.

"The laws do not require the sanction of the king, nor shall he have a direct Veto; but, if he thinks a law to contain any thing detrimental to the nation, he may, within four days, send it back to the Sovereign; and in six days the Sovereign shall examine it; if, after this, it shall be supported by two thirds of the national congress, the king shall, within three days, command its execution, under pain of his responsibility; but if the representation of the king shall only be rejected by a majority of voices, he may return it a second time; if it shall then be approved by a majority, he cannot return it a third.

"If the Sovereign shall enact a law, and all the provincial congress oppose it, it shall be repealed, and this resistance shall be called the Grand Law.

"No Spaniard shall any longer be called a subject. All shall have the name of citizens.

"It is the right of every free man to think and express his ideas; consequently the law permits every citizen to print and publish whatever he pleases, subject to responsibility.

“No citizen shall be disturbed on ac count of his religion, but those shall be punished who molest others for their religious opinions, or exercise any other religion in public than the holy catholic religion."

From this specimen our readers will perceive that there are a variety of topics which naturally give scope for much diversity of opinion. One thing is remarkable, the limitations of the monarchical part of the constitution, which afford another proof to the many which have been witnessed during the past half cen, tury, that amidst all the panegyrics which the people of this country in general, and their rulers in particular, have been in the habit of heaping on themselves, on account of their unrivalled constitution, the admiration and envy of the whole world, not a single instance is to be found,

in which that constitution has been adopted by those who have either drawn up theories, or carried them

into execution.

The friends to monarchy in general will we doubt not agree with the translator in asserting," that the author has propo"sed to limit the executive power "farther than is consistent with the respect due to its authority" we, however, have no doubt of the jus tice of his following observation:"When we recollect the evils that have flowed in this country both from influence and prerogative, it is pardonable to try any experiment in a country which has a new government to form as is now the case with Spain." There is in particular one most dangerous prerogative, and which has been so grossly abused by almost every cabinet of every monarch since monarchy was first instituted-that of declaring WAR: we confess we most sincerely hope, that the nation which may possess the power of forming, or of effectually reforming their government, will never place this prerogative, the abuse of which has made such dreadful havock all over the world, in the hands of one man, or the ministers of one man, but that they will place it in the hands of some sovereign power, in which the voice of the people shall be fully and fairly heard: wherever it may be placed It is scarcely possible it should prove the means of making such vast devastation, and of overspreading the globe with such complicated calamities as have been witnessed by its misruled, misled, befooled, and oppressed inhabitants in almost every age and nation.

Amongst many excellent propositions respecting the national repre sentation, there is one so extraordiarily absurd, that we are surprised it could for a moment lodge in the mind of the author. "Every person proved guilty of bribing the electors of the sovereign body shall be heavily fined, and declared incapable of ever being a member of that body, unless he proves that some other mem

ber has used the same means of bri‐ bery." One might almost imagine that Don Estrada meant this article as a compliment to the representative body of another nation, which when it was proposed to inquire into the conduct of some of its leading members on account of certain corrupt electioneering practices, were modestly told by the leaders of both administration and opposition, that such practices ought not on account of their NOTORIETY to be the objects of censure, or even of inquiry! If the gentlemen who occasionally make free with the property of others whom they may chance to meet on the high way, should be able to increase their numbers to any considerable amount, they may take a hint from certain enlightened senators, who have indeed furnished them with the best apology for their conduct!

One of the articles proposed on that most important of subjects RE LIGIOUS LIBERTY, affords additional evidence of the sad state of degrada tion, to which the Spanish nation has been reduced by its old, corrupt, despotic government. "No citizen

shall be disturbed on account of his religion, but those shall be punished who exercise any other religion in public than the holy catholic religion." It is not a little remarkable that all parties in Spain, from the Emperor Napoleon to the author of this constitution, dare not introduce in that benighted country, that first, and most inalienable right of man, that which has been restored by the French Emperor to the major part of the people of Europe, the right of judging for themselves in matters of faith, and of adopting, publicly, their own mode of worship. As long as Spain remains in this besotted state, we have but little expectation of any effectual reform in her government. We, however hope, that it is impossible for the people in general to shut their eyes to that light which is so gloriously spreading it

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