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CONTINUATION OF THE EXAMINATION OF THE

SPANISH CONSTITUTION.

(Continued from p. 36.)

CHAP. IX.-On the Promulgation of the Laws. Art. 154. The law being published in the Cortes, notice thereof shall be given to the King, for the purpose of its immediate and solemn publication.

ART. 155. The King in proclaiming the laws, will use the following form. V. (The name of the King) by the grace of (jod, and the Constitution of the Spanish monarchy, King of Spain, to all whom these presents shall come, know ye, that the Cories bave decreed, and we sanction the following, (insert the literal text of the law), whereby we command all tribunals, justices, chie's, governors, and all others in authority, civil, nilitary, and ecclesiastical, of whatever rank and dignity, to obey, and make obeyed, to fultil aud execute the present latv in all its paris, you shall catry it into effect, direct its printing, publication, and circulation. Let it be addressed to the Setretary of State, according to its nature.

ART. 156. All the laws shall be circulated by comniaud of the king, by the several Secretaries of State, directly to all, and every one, of the supreme tribunals, and of those of the provinces, to all other chiefs and superior authorities, who shall circulate them antong the inferior functionaries.

With the exception of the king's refusal to sanction the enactments of the Cortes for two years, we find, that he is otherwise taught what to say, as well as what to do. The future king of Spain will have very little to do in the way of business, one clerk or deputy and a small office will be quite sufficient for them. One good floor of a large house will answer all their purposes.

CHAP. X.On the permatient Committee of the Cortes. ART. 157. Previous to separatiog, the Cortes will name a committee, which shall be styled the permanent committee of the Cortes, composed of seven individuals thereof, three from the European provinces, and three froin those beyond sea, and the seventh shall be drawn by lot between an European deputy and one from beyond sea.

Art. 158. At the same tine, the Cortes shall nominate two mensbers of reserve for this committee, one of Europe, the other from beyond sea.

ART. 159. The permanent committee shall continue from one of dinary Cortes to another

ART. 180. The powers of this committee are, First, To keep a vigilant eye on the observance of the Constitution,

and the laws, to report to the succeeding Cortes, any infringe

ments thereon, wbich it has observed. Second, To convoke the extraordinary Cortes, in those cases pre.

scribed by the Constitution. Third, To perform the duties pointed out in the 111th, and 112th

articles, Fourthly, To give notice to the deputies of reserve, to supply the

place of the original members; and should death, or au absolute impossibility, prevent the original members and de. puties of reserve of a province, from attending, to communicate corresponding orders to the same, to proceed to a new

election. This permanent committee of the Cortes is, in fact, a Regency, and the King might always be looked upon as a minor, or incapable of holding the reins of government. It appears that his title is to be retained as a mockery to monarchy.

CHAP. XI.- On the Cortes extraordinary. ART. 161. The Cortes extraordinary shall be composed of the same deputies, who form the ordinary one during the two years of their deputation.

Art. 162. The permanent committee of the Cortes, shall convoke them on an appointed day, in the three following cases. In the first, when the crown shall become vacant. In the second, when it is impossible for the King, in any manner to conduct the government, or he should be desirous of abdicating the tlirone in favour of his suctessor, the committee being authorized, in the first case, to take such measures as it may deem suitable for the purpose of ascertaining the inability of the King. In the third, whenever in critical circumstances, and important affairs, the King may think proper that they should assemble, and coinmunicate the sanie to tlie permanent committee of the Cortes.

ART. 163. The Cortes extraordinary shall consider the subject only for which they have been expressly subimoned.

ART. 164. The sessions of the Cortes extraordinary, shall commence and terminate with the same formalties as those of the ordinary one.

ART. 165. The assembliug of the Cortes extraordinary, shall not interfere with the election of new deputies at the appointed time.

ART. 166. If the Cortes extraordinary should not have concluded their sessions, on the day appointed for the meeting of the ordinary ope, the duties and authorities of the first shall discontinue, and the ordinary one shall continue the affair, for which the former had been summoned.

Vou. III, No. 3.

ART. 167. The permanent committee of the Cortes shall continue to discharge the duties pointed out in the 111th and 112th articles, in the case comprised in the preceding article.

This chapter affords a pretty good hint of what the Cortes intend the King shall be. I can only compare him to a servant or workman, whom a master wishes to be rid of, and does not like to turn him out of doors violently, he therefore endeavours to render the situation and place such, that the servant or workman is sure to leave, of his own accord.

DIVISION IV.

On the Kiny. Chap. I.-On the inriolability of the King and his authority.

ART. 168. The person of the King is sacred and juviolable, and is not subject to responsibility.

Art. 169. The King shall hold the title of Catholic Majesty,

ART. 170. The executive authority resides exclusively in the King, and extends to whatever may be conducive to the preservation of public order in the interior, and to the external security of the state, conformable to the Constitution and the laws.

Art. 171. Besides the prerogative that belongs to the King, to sanctiou and proclaim the laws, are altached also the following principal powers. First, To dispatch the decrees, regulations, and instructions, that he

may
Think
proper

to render the laws effective. Second, To take care that justice is administered promptly, and com

pletely, in the whole kingdom, The Third, io declare war, make and ratify peace, subscquently

giving official account thereof to the Cortes. The Fourth, To appoint the magistrates of all the civil and criminal

tribunals, on the presentation of the Council of State. The Fifth, To fill up all civil and military employments. The Sixth, To present to all bishopricks, all dignities and ecclesiasti

cal benetices of royal patronage, at the presentation of the

Council of State. 'The Seventh, To graut honours and distinctions of every kind accord

ing to law. The Eighth, To command the army and navy, and to appoint the

generals and admirals. The Ninth, To arrange the armed force, disposing it as may be most

proper. The Tenth, To controul the diplomatic and commercial relations

with other powers, to Boninate and appoint ambassadors,

ministers, and consuls. The Eleventh, To take care of the coinage of money, on which he

will have impressed his name and bust. The Twelth, To order the applicatior of the funds, appropriated to

each branch of the public administration.

The Thirteenth, To pardon culprits according to law.
The Fourteenth, To propose to the Cortes new laws, or such altera.

tions of the old ones, as he may think conducive to the welfare
of the nation, that they may deliberate thereon, in the pre-

scribed form. The Fifteenth, To graut the licence, or withhold the pontifical bulls

and decrees of council, with the consent of the Cortes; if they contain general matters, consulting the Council of State; if they sliould relate to private affairs, or matters of government, and if they should contain points of contention and dispute, communicating his information and decision to the su

preme tribunal of justice, that it may act as the law directs. The Sixteenth, To nominate, and dismiss at pleasure, Ministers of

Stute. Art. 172. The following are the restraints, on the authority of the King. The First, The King cannot under any pretext prevent the assembling

of the Cortes, at the periods, and on the occasions pointed out by the Constitution, suspend or dissolve them, nor in any manner embarrass their sessions and deliberations. Whoever may counsel, or assist any attempt wbatever of this nature,

are declared traitors, and shall be prosecuted accordingly. By the Second, The King cannot quit the kingdom without the con

sent of the Cortes, and if he should, it is to be understood

that he has abdicated the crown. By the Third, The King cannot alienate, cede, renounce, or

ip

any manner transfer to another, the royal authority, nor any of his prerogatives. If for any reason, he should desire to abdicate the throne, in favour of liis immediate successor, he

cannot do it, without the consent of the Cortes. By the Fourth, The King cannot alienate, cede, or exchange any

province, city, town, or place, nor any part however triding of

The Spanish territory. By the Fifth, The King cannot make offensive alliance, nor special

commercial treaty, with a foreign power without the consent

of the Cortes. By the Sixth, He cannot bind himself by any treaty to grant subsidies,

to any foreign power without the consent of the Cortes. By the Seventh, The King cannot grant, or alienate the national pro

perty without the consent of the Cortes. By the Eiglith, The King cannot by himself directly or indirectly,

levy taxes, nor demand supplies, under any name, or for any object whatever, except always for such as the Cortes have

decreed. By the Ninth, The King cannot grant any exclusive privilege, to any

person, or corporation whatever. By the Tenth, The King cannot take the property of any individual,

or corporation, vor disturb the possession, use, or advantage thereof; and if ou any occasion it should be necessary, for

men.

an object of known general utility, to take the property of an individual, he cannot do it without at the same time indem

nifying him with a good exchange to the satisfaction of honest By the Eleventh, The King cannot deprive any individual of his li

berty, or by bimself, order him any punishment wliatever. The Secretary of State, who shall sign an order to this purpose, and the magistrate who shall carry it into execution, shall be responsible to the nation, and punished as guilty of attempts against the liberty of the subject.

It is only on occasion, when the welfare and security of the state require the arrest of any person, the King may issue orders according, but on condition, that within 48 hours he must be

delivered over to the competent tribunal, or magistrate. By the Twelfth, The King previous to contracting marriage, shall ac

quaint the Cortes, to obtain their consent, and it he should not obtain it, it is to be understood that he abdicates the

crowO.

ART. 173. The King ou his accession to the throne, and if he should be minor, when he enters on the government of the kingdom, shall take an oath before the Cortes in the following form.

N. (here his name is to be stated), by the grace of God, and the Constitution of the Spanish monarchy, King of Spain, I swear by the Almighty, and by the Holy Evangelists, that I will defend and preserve the Catholic, Apostolic, and Roman religion, without tolerating any other in the kingdom; that I will guard, and keep protected, the political Constitution, and the laws of the Spanish monarchy in all my actions, viewing only the welfare and advantage thereof; that I will not alienate, grant, or dismember any part of the kingdom; that I will never demand any productions of the soil, money, or other matter, except what the Cortes have decreed ; and that, above all, I will respect the political liberty of the nation, and the personal freedom of every individual ; and if to what I have sworn, or part thereof, I should act contrary thereto, I ought not to be obeyed before that point in which I may trangress becoines null and void. So help me God, and be my defence; and if not, may God be my judge.

The King, in this chapter, is said not to be responsible for any thing he might do. Before the Cortes have made this concession they have left him nothing to perform, that should require responsibility. If he ever takes a wife without their consent he is considered to abdicate the throne." I had rather be a dog and bay the moon” than such a thing-ma King.

(To be continued.)

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