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constitution for the general benefit; and expressing their hope that their American brethren would aid the cause by a voluntary subscription among all ranks and classes, to be deposited in the royal chests, and remitted to Spain.

The Cortes, about this time, gave a further proof of the liberality of their sentiments, by a decree to enable all Spanish subjects of Moorish origin, either by the father's or mother's side, to take degrees in the universities, and to enter the religious orders, or the priesthoodprivileges of which former bigotry had deprived them. The 18th of March presented an august and interesting spectacle to the citizens of Cadiz, and to all the Spaniards assembled for the purpose of witnessing the completion of the labours of their representatives. On that day the general and extraordinary Cortes held a solemn sitting for the purpose of a public signature of the articles of the constitution. Deputies from all parts of the Spanish monarchy were present, and 184 persons signed two copies of the constitution. A decree which had been approved at a secret sitting was then read, relative to the succession to the crown, the object of which was to guard against its coming into the possession of those who were justly considered as enemies to the national independence. It was to the following effect: "The general and extraordinary Cortes, considering that the welfare and security of the state are incompatible with the concurrence of circumstances in the persons of the Infant Don Francisco de Paula, and the Infanta Donna Maria Louisa, Queen of Etruria, brother and

sister of Don Ferdinand VII, have resolved to declare and decree, that the Infant Don Francisco de Paula, and his descendants, and the Infanta Donna Maria Louisa and her descendants, remain excluded from the succession to the crown of the Spains. In consequence, in de fault of the Infant Don Carlos Maria and his legitimate descend• ants, the Infanta Donna Carlotta Joaquina, Princess of the Brazils, and her legitimate descendants, shall come to the succession of the crown; and in default of her heirs, then Donna Maria Isabel, hereditary Princess of the two Sicilies, and her legitimate descendants; and in default of these three nearest relatives of Ferdinand VII, and their descendants, then shall suc ceed the other persons and lines who ought to succeed according to the constitution, in the order and form which it has established. At the same time the Cortes declare and decree excluded from the succession to the crown of the Spains the Archduchess of Austria, Donna Maria Louisa, daughter of Francis II. Emperor of Austria, by his first marriage, as also the descendants of the said archduchess."

A commission was then appoint. ed to carry the constitution to the Regency, which received it with profound respect, and engaged to guarantee its observance in all the Spanish dominions. On March 20th, all the deputies assembled in the ball of congress to swear to the constitution; which being performed, the Regency entered the hall, and with due solemnity took the oath of office prescribed in the 173d article of the constitution. The president of the Cortes then addressed the Regency, and was

replied

replied to by the president of that body; and the day closed with a solemn proclamation of the constitution, and a grand dinner, at which the British ambassador was à conspicuous guest.

In May, the Regency caused to be published a decree of the general and extraordinary Cortes, signifying, that as it is provided in the constitution that the Cortes be assembled every year, and that the observance of this rule could never be more necessary than in the present circumstances of the nation, the ordinary Cortes is to be convoked for the year 1813; but that as it is impossible that the deputies from the more distant parts can be assembled by the 1st of March, the opening is deferred to the 1st of October. It is also a regulation, that no deputy for the present extraordinary Cortes can be elected for the ensuing ordinary Cortes.

The Cortes passed a decree in June, detailing the mode of applying to the wants of the state such part of the tithes as exceed what is necessary for the maintenance of those who hold them. The juntas in the provinces were to assign the several quotas, and the intendants to levy them. In this month the Duke de Infantado arrived at Cadiz, and took his seat as president of the Regency.

At a sitting of the Cortes in October, Senor Castello made a long and well-reasoned discourse concerning the inhumanity and injustice of that regulation in the American colonies called the Mitas, by which each district is required to contribute a certain nun ber of men for the cultivation of the land, the working of mines, and other VOL. LIV.

task labour; and after a full discus sion of the subject, the following propositions were put to the vote, and unanimously approved: 1. That the Mitas should be for ever abolished: 2. That the Indians should be exempted from the personal service they gave the clergy, or any other public functionary whatever obliging them, nevertheless, to satisfy the parochial rights, in the same manner as the other classes: 3. That the public charges, such as the rebuilding of churches, and making roads, should be equally borne by all the inhabitants indis criminately: 4. That divisions of lands should be made to the Indians, leaving to the provincial deputies the care of assigning the quotas: 5. That in all the Ameri can territories, some of the digni ties should necessarily remain with the Indians. The policy as well as justice of thus endeavouring to conciliate this much injured part of the colonial population to the mother country, by redressing the cruel wrongs under which it has so long groaned, is evident; and if it has been a consequence of the civil war kindled in those regions between the native and transatlantic Spaniards, the friends of humanity, may be gratified by some compensation for the evils of which the war has been the cause.

In the historical account of the last year, notice was taken of the jealousy prevailing in the Spanish nation of any attempt to place their armies under British command. The great success and high merits of Lord Wellington in the campaign of this year overcame, in the general feeling, this repugnance as far as regarded his person; [M]

and

and the Cortes, which had elevated him to the rank of a grandee. of Spain, at length gave the strongest proof of their esteem and confidence by a resolution declaring him commander-in-chief of the Spanish armies. When, in corsequence of this appointment, his lordship sent an order to General Ballasteros, captain general of Andalusia, and undoubtedly one of the most zealous and active of the Spanish commanders, to move his army, tha' officer felt his honour so much piqued, and considered it as such a national degradation, that he declined obedience. In a letter which he addressed to the warminister on the occasion, he stated in strog terms his sense of this affront, as he understood it, to his countrymen, and concluded with saying, that if the national armies and citizens, on being asked their opinion, should agree to the nomination, he would resign his employments, and retire to his home, in order to convince the world that he was actuated by no private views, but only by a regard to honour, and the good of his country. The Regency, however, would not permit such an infraction of the obedience due to the sovereign authority by any person of whatever rank serving under it; and issued a notice acquainting the public with the discharge of Don Fr. Ballasteros from his command in the army, and the appointment, ad interim, of Don Joaquim Virues in his stead. At the same time Ballasteros was put under arrest in the midst of his army, which made no resistance, and received an order to depart for Ceuta. To obviate any unfavourable impres

sion on the nation from this measure, the secretary at war, on October 30, read before the Cortes a memorial (which was printed) setting forth the deplorable state. of the country when the Regency assumed the reins of government, and the additions which had been made to its military force during the present year, with the improvement of its prospects since the capture of Ciudad Rodrigo by Lord Welling on. It also men tioned that orders has been sent to the generals in chief of the armies to act in concert with, and in obedience to, the Duke of Ciudad Rodrigo.

Such was the general state of affairs in Spain towards the close of 1812; meliorated, no doubt, by the liberation of the seat of government from a hostile blockade, and by the recovery of several of the southern provinces from the yoke of the invader; but manifestly displaying the necessity of much more vigorous and combined efforts on the part of the nation to effect the expulsion of the foe, and secure its independ ence, than have yet been made, even upon the supposition that the French arms shall continue to find so much occupation in other parts as to prevent any considerable recruit to their force in the Peninsula. A plan has since been opened by Lord Wellington, of a connected system of military command and operation through the whole country, which, if carried into execution, may produce effects much more considerable than can be expected from the desultory efforts of guerillas and detached. parties; but whether national jeas

lousies

lousies and prejudices will permit its adoption, seems at the present a matter of doubt.

was

The kingdom of Portugal during this year enjoyed that exemption from hostile devastations which had been secured by the exertions of its great defender, in errupted only by that irruption of the French into the lower Beira which was intended as a dive sion in favour of Bartajos then under siege by Lord Wellington. Opportunity therefore given for the operations of agriculture, and the other means of recovery from the severe calamities it had undergone; and it cannot be doubted that the suns of money derived from: English subsicies, and the expenditure of the English troops in their passage through Lisbon, materially aided the resources of the country. The assiduity of Marshal Beresford and the authority of Lord Wellington had placed the military establishment of Portugal upon a very respectable footing; and before the close of 1811 there were numbered of troops of the line and in gar rison above 54.000, of militia 58,000, and of the ordenanza, armed partly with pikes, partly with muskets, above 200,000. Of the regulars, a large proportion served with the allied army in Spain, and on various occasions acquired great credit.

On February 13, the government of Portugal issued a proclamation addressed to the people in general, comparing their past and present state, and although pointing out the improvement of their condition, yet shewing the necessity of precautionary measures against such sudden inroads as

might possibly be made by the enemy. Of these, they specify the three following: 1. All persons capable of bearing arms must be exercised in the use of them; and those whose age or sex unfit them for military service, must take measures by anticipation for repairing to places of security in case circumstances shall make it necessary: 2. They must carry off or conceal all money, gold, silver, or jewels which might tempt the avarice of the enemy: 3. They must carefully conceal, or if necessary destroy, all provisions that cannot be carried off, and remove cattle and carriages, in order to deprive the invader of means of subsistence and advance.

That the Portuguese government did not entirely depend upon this country for defraying the expense of a war, a principal object of which was the security of that kingdom, was evinced by the assertion of Lord Liverpool when, in March, a message was brought to parliament from the Prince Regent, recommending the continuance of the subsidy paid to Portugal. His lore ship said, that it would be a mistake to suppose that this subsidy of two millions sterling was adequate even to the m litary expenses of that country; for that its government had advanced, in addition, the sum of 1,800,000l.

The treaty of amity, navigation, and commerce between Portugal and Russia, concluded at Petersburgh in 1798, now drawing to a termination, a renewal of it was agreed upon by the two parties, to remain in force till June 1815, with no other alteration than an addition to the duty on Portuguese [M 2]

wines

wines imported into Russia, corresponding to the additional duties since laid upon other wines.

The remainder of the year offers nothing remarkable with respect to this part of the Peninsula, which, partly by the exertions of its own trcops under British command, had the satisfaction to see its security

from the common enemy greatly improved during the operations of this campaign, by the recovery of the strong fortresses of Ciudad Rodrigo and Badajos from the pos session of the French, and their retreat from the other parts of its frontier.

CHAPTER

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