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those laws under a new constitution, which without power or authority from any province, town or junta, and without notice to those which are said to be represented by the substitutes of Spain and the Indies, the deputies established and they themselves sanctioned and published in 1812.

This first attempt against the prerogatives of the throne, abusing the name of the nation, was the foundation of much that followed; and in spite of the repugnance of many of the deputies and sometimes of a majority of them, what were called fundamental laws were brought forward and adopted by the means of the clamor, threats and violence of those who were present in the galleries of the Cortes, by which they were overawed and terrified; and that which was truly the work of a faction has been dressed up as the spurious representation of public sentiment, and as such obtained currency with those not seditiously inclined, so that in Cadiz, and afterwards at Madrid, they occasioned much trouble in those good cities.

These acts were so notorious, that scarcely any one is ignorant of them; and the very journals of the Cortes afford secret testimony of them all. A mode of making laws so foreign to the practice of the Spanish nation, gave rise to the alteration of those good laws under which at other times the nation had been respected and happy.-In a word, almost the entire form of the ancient constitution of the monarchy has been changed, and copying the revolutionary and democratic principles of the French Constitution of 1791, and omitting from the same what was assumed in the beginning of the constitution which was framed at Cadiz, they have sanctioned not the fundamenmental laws of a moderate monarchy, but those of a popular government, with a chief or magistrate, a mere executive delegate, but no king, although the title is preserved in order to deceive and mislead the inconsiderate, and the nation at large. The same want of freedom characterised the signing and swearing to this new Constitution, and it is evidence to all, not only what occurred in relation to the respectable bishop of Orense, but also the punishment threatened those who did not sign and swear to it. And in order to prepare the minds of men for these strange innovations, especially those relating to my royal person, and the prerogatives of the throne, they undertake, by means of the public papers, in some of which, some of the deputies of the Cortes were themselves interested, abusing the very liberty of the press established by themselves, to render odious the royal power, giving to all the rights of ma jesty, the name of despotism, treating as synonymous those of king and despot, and speaking of kings as tyrants; at the same time, cruelly persecuting whomsoever had the firmness to contradict or dissent from this course, regarding it as revolutionary and seditious; and this democracy prevailed in everything, and taking the title of royal from the army, navy, and all those establishments which for a long time had enjoyed that title, and instituting that of national, in order to flatter the people who, in spite of so many perverse acts, possessed with their national loyalty those sound opinions which

always marked their character. In relation to all this, when I happily entered the kingdom, by enquiry I received a faithful account and full information, partly by my own observation, and partly through the public press of the same, from which, up to that time had been boldly scattered abroad, the gross and infamous matter in relation to my coming and my character, which, even with respect to any other person, would be a very grave offence and worthy of the severest notice and chastisement. These acts, so unexpected, filled my heart with bitterness, which was only in part alleviated by. the demonstrations of affection from all those who hoped for my return, in or der that by my presence they might put an end to those evils, and that oppression which those had suffered, who had cherished the remembrance of my person, and sighed for the true felicity of their country.

I promise and swear to you, true and loyal Spaniards at the same time that I compassionate the evils which you have suffered, that you shall not be defrauded of your noble expectations. Your Sovereign desires to be such for you and glories in being such over an heroic nation which by its immortal deeds has gained for itself the admiration of all, and preserved its liberty and honor.

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I abhor and detest despotism; neither the light nor the cultivation of the nations of Europe will now suffer it; nor in Spain were there kings ever despots nor have the wholesome laws and constitutions of the kingdom ever authorized it, although unhappily, from time to time there have been some abuses of power, as in all other places and in every thing that pertains to man, and which no possible constitution can wholly prevent; nor were these abuses in relation to the nation at large, but in relation to persons and property connected with unfortunate, but rarely witnessed circumstances, which gave the opportunity and occasion for them.-Nevertheless, in order as far as is given to human foresight to prevent these abuses, that is, by preserving what is due to the dignity and rights of the crown, since those which pertain to it and those which belong to the people are equally inviolable; I will treat with the representatives of Spain and the Indies, and in a Cortes lawfully assembled, composed of both, and the more readily, because order being re-established and those salutary usages under which the nation has lived and which with their consent the kings, my august predecessors established, they may the more readily be united; they shall be firmly and lawfully established so far as may be promotive of the good of my kingdoms, in order that my vassals may live prosperously and happily with one religion and empire, firmly united by an indissoluble bond, in which, and in which alone consists the temporal happiness of a king and a kingdom, which has, by distinction, the title of Catholic; and henceforth I shall take in hand the preparation and regulation of what shall appear best for the re-union of these Cortes through which I hope may be secured the basis of the prosperity of my subjects in both hemispheres.

Liberty and security, individual and royal, shall be firmly secured by the means of laws which, guaranteeing public tranquility and order, leave to all that salutary liberty, in the undisturbed enjoyment of which, distinguishing a moderate government from an arbitrary and despotic one, those citizens who are its subjects ought to live. In the possession of this true liberty, all shall, at all times, enjoy the communications by the Press, of their thoughts and feelings, that is, within those limits which sound reason, sovereign and independent, prescribes to all, that it do not degenerate into licentiousness; since the respect which is due to religion and government, and that which men mutually owe to each other for their own protection, cannot in any civilized government reasonably permit that it shall be trampled upon and destroyed with impunity.

All suspicion of the dissipation of the revenues of state shall be removed, by a separation in the treasury of that which may be assigned for those expenses which may be required from respect to my royal person and family and that of the nation which I have the glory to command, from the revenues which by the assent of the kingdom, is imposed and assigned for the maintenance of the state in all the branches of its administration. And those laws which may from time to time form the rule of conduct for my subjects shall be established with the assent of the Cortes. In order that this basis may serve as a sure presage of my royal intentions in the government of which I undertake the charge, and that I may be known to all not as a des. pot, or tyrant, but as a king and a father of his vassals. Therefore having learned by the unanimous information received from persons respectable for their zeal and knowledge and in relation to the matters herein contained, having received representations from various parts of the kingdom, in which are expressed the repugnance and disgust with which as well the constitution, formed by the general and extraordinary Cortes as the other political establishments recently introduced are regarded in the provinces; the evil and prejudicial results which have followed from these and which would be augmented if I should add the authority of my consent, and should swear to support that constitution :-In conformity with such decided and general demonstrations of the wishes of my people, and because the same are just and well founded, I declare that my royal purpose is not only not to swear or accede to the said constitution or to any decree of the general and extraordinary Cortes, or the ordinary Cortes already issued, that is, such as deprive me of the rights and prerogatives of my sovereignty, established by the constitution and the laws under which the nation has for a long time continued ; but to declare that constitution and those decrees now and at all times void and of no force or effect, in the same manner as if such acts had never been passed, and that the same be abrogated, and with no obligation on the part of my people or subjects of whatsoever class or condition, to comply with or observe them.

And as he who should desire to sustain them and to contradict this my royal declaration, issued with the assent and approbation aforesaid, will assail the prerogatives of my sovereignty and the happiness of the nation, and occasion restlessness and disturbance in my kingdoms, I declare guilty of high treason any person who shall dare or attempt any such thing, and for such offence there shall be imposed the penalty of death, whether the offence be committed by acts or by writing, or verbally moving or inciting, or in any other manner, exhorting or persuading the obeying and observing said constitution and decrees: and in order that there may be no interruption in the administration of justice in the interval before the restoration of order, and of the observance in the kingdom of the system prevailing before the recent innovations, in relation to which, without loss of time, there will be suitable provision it is my will that until such time, the ordinary justices in the towns which are found in office, the judges de letras [1] wherever they may reside, and the audiencies, intendants and other tribunals of justice in the exercise of their judicials powers; and in relation to political and administrative matters the ayuntamientos of the towns shall remain as at present, and in the interim whatever is proper to be preserved shall remain, and until the Cortes, which I shall convene, shall, having examined into the matter and the permanent arrangement in this branch of the government of the kingdom, shall be established. And from the day on which this, my decree is published and shall be communicated to the President for the time being of the Cortes, then actually holding their sessions, they shall discontinue their sessions, and their acts, and those of their predecessors, and such records as there may be in their archives and those of their secretary, or under the control of any other person whatever, shall be taken by the person charg ed with the execution of this my royal decree, and be deposited for the present in the office of the ayuntamientos of the city of Madrid, shutting up and sealing the room where they shall be deposited; the books of their library shall be passed over to the royal library and I also declare to be high treason any act whatever, tending to the hindrance of the execution of this part of my royal decree, in whatever manner committed, and as such shall be subject to the penalty of death. And from that day the proceedings in any cause whatever, pending in any of the courts of justice of the kingdom for the infraction of the constitution, shall cease, and all persons who are imprisoned or in any manner arrested and not detained for any just cause known to the laws, shall be immediately set at liberty. Such is my will for the attainment in like manner of whatever pertains to the well being and happiness of the nation.-Dated at Valencia on the 4th May, 1814.-I the King.

[1] Juez de letras or juez letrado, a judge who has the title of licentiate in the law or of counsellor at law, (abogado) and administers justice alone without the aid of an asesor—a lawyer appointed to assist the ordinary judge, with advice in the conduct of law proceedings.

As Secretary of the King in relation to decrees and here to specially authorized.

PEDRO DE MACANAZ.

ROYAL DECREE,

Of His Majesty, re-establishing the Chamber of the Indies (Camara de Indias,) with the powers it possessed in May 1808, being composed, for the present, of the officers [ministros] herein described.

By my royal decree of this date, [see the following,] I have resolved to re-establish the royal and supreme council of the Indies, granting to it for the present the powers which it had on the 1st May, 1808, and with the number of officers expressed in the nominations which accompany the same, confirming and ratifying, for the future, its last organization, which limits to five the number of members entitled to wear sword and robes, and to fourteen those wearing robes, independently of the attorneys [fiscales,] also wearing robes [togados.] And whereas the good government, ecclesiasti cal as well as temporal of those dominions, requires that the chamber of the Indies, as anciently established, and with the enjoyment of equal dignity with that of Castile, should resume the exercise of its authority, with out alteration of its former powers; I also have resolved to re-establish, as I hereby do re-establish, and confirm, the same. It shall consist, for the present, of the president and five ministers, three wearing robes, [togados,] and two wearing robes and swords, [de capa y espada,] who are designated in a list signed by my royal hand: but, when it shall have been reduced to the number required by the aforesaid organization, it shall only consist of the president, a minister wearing sword and robes, and three togados. You shall take notice of the above, and communicate the same to all whom it may concern.

Madrid, 2d July, 1814.-Signed with the royal hand of H. M.
To DON MIGUEL LARDIZABAL Y URIBE.

ROYAL DECREE,

Re-establishing the Supreme Council of the Indies, with the same powers as it existed in the year 1808, declaring the number of ministers of which it is to consist.

The torrent of evils which afflict many of the provinces of my dominions in America; the general subversion of the public administration prevailing in others, and the disorder and confusion introduced even in the administration of justice itself, called for my royal attention from the moment that, restored, through a special favour of Divine Providence, to the throne, I resumed the government of my kingdoms. The desire of restoring peace and

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