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out concert, almost by general consent.” Their first care “ was to establish some form of union, that they might act with greater regularity, and pursue one common end.”—“Assuming the name of the holy Janta or association, they proceeded to deliberate concerning the state of the nation, and the proper method of redressing its gievances.” Happily for Spain, in the pre*It juncture, their king cannot now follow the example of her then absent momarch, who, in circular letters to all the titles, endeavoured by mild but insidious linguage to divert them from their purpose; while, to the nobles, whom before he had feated with contempt and endeavoured to womble, he wrote others “exciting them * appear with vigour in defence of their wn rights, and those of the crown." By lese letters, by seeming concessions, and or flatteries, he but too well succeeded ith this order of men. “The Junta, relying on the unanimity th which the nation submitted to their thority, elated with the success which therto had accompanied all their under.ngs, and seeing no military force collectto defeat or obstruct their designs, aimed a more thorough reformation of poiitical ses.” What we in England have called ill of Rights, they termed a Remonnce. It contained between thirty and boy articles, amongst which were these;— "That no foreign troops shall, on any preotte whatever, be introduced into the ingdom;" doubtless meaning to prevent Alders from the king's German dominions ng brought into Spain to favour arbitratry highs; “ that all new offices created since o of queen Isabella (Charles's grandother) shall be abolished;—that the crown Il not influence or direct any city with rd to the choice of its representatives : hat no member of the Cortes shall ree an office or pension from the king, er for himself or for any of his family, er pain of death, and confication of his s; – that each city, or community, ll pay a competent salary to its represenves for his maintenance during his atdance on the Cortes;—that all privileges hich the nobles have at any time obtained, the prejudice of the commons, shall be *cked;—that the lands of the nobles shall **ubject to all taxes in the same manner * those of the commons : —that indulorces shall not be preached or dispersed in he kingdom until the cause of publishing ben be examined and approved of by the »ries;—and that the king sho!, ratify, and old as good service done to him and to the *;10m all the proceedings of the Junta."
Unfortunately, Sir, “ the nobles, who, instead of obstructing, had favoured or cennived at their proceedings, while they confined their demands of redress to such greyances” as had proceeded only front k ngs and ministers, no sooner perceived that their own exorbitant privileges, especially the exemption of their estates from all poplic taxes, were thought grievances, than they fell off from the cause of reformation and liberty, and, by siding with the crown against the Junta, encouraged Charles in the prosecution of his views; whereby he in the end completely established that absolute dominion which has now for nearly three centuries kept their order in a state of mortifying degradation, and lain so heavily on the loins of the whole Spanish nation.
When too late, they became sensible of their error; and it is to be hoped that their posterity of this day, who have now the most favourable opportunity, that was ever presented to the patriots of any nation, to establish its freedom on sure foundations, will prove mo:e virtuous. The bitter remembrance of the despotism that has been experienced, with all its oppressions and abominations, which have in all ways proved the direst curses of their country, inust surely have power to inspire them with a sincere desire of now cordially uniting with the commons, in a dispassionate view of those principles of government under which the rights of all classes are secured, and by which the political liberty, prosperity, and happiness of a nation can alone be provided for. I do not mean to disguise, that the Spanish commons of that day, when they discovered fraudful practices for counteracting their patriotism, were in some instances n.ore governed by their passions than their reasons; thereby furnishing the nobles with an apology they eagerly caught at for their conduct in not having united with them; which, had they done in time, would doubtless have secured to the nobility every mod:fication of the “ Rennonstrance,” which could in reason have been required.
When, as I have said, it was too late, the Spanish nobles, in the year 1539, then sensible of the error of their former conduct, “ demanded a conference with the representatives of the cities concerning the state of the nation,” and made representations to the king ; but he was then become too strong for their united opposition. He dismised the Cortes of Castile, then assenbled at Toledo, “ with great indiguation,” and “ from that period neither the nobles nor the prelates have been called to these assobies, on pretence that such as pay no Part of the public taxes, should classin no
vote in laying them on. None have been admitted to the Cortes but the procurators or representatives of eighteen cities. These, to the number of 36, being two from each community, form an assembly which bears no resemblance either in power or 'dignity or independence to the ancient Cortes, and are absolutely at the devotion of the court in all their determinations.” In the constitution manufactured by Bonaparte at Bayonne, this skeleton of representation, for a nation of 8 inillions of souls, is carefully copied ; whereas, in the year 1390, forty-eight cities of only Castile sent their deputies to the Cortes, to the number of 125, as they chose more or fewer according to their population; and it made part of the claim of the national Junta abovementioned, that each city of Spain should send three.*—The circumstances of government, and the state of the national revenue
and expenditure, not having in those days,
opened the eyes of mankind to all the uses of legislative representation, the Spanish Junta of 1520, demand “ that the Cortes shall assemble once in three years at least, whether summoned by the king or not, and shall then inquire into the observation of the articles now agreed upon, and deliberate concerning public affairs;” and here again nearly three centuries afterwards, and when, for the purposes of salutary government, annual legislation is become as necessary as an annual harvest, the Corsican lawgiver was pleased to grant, that the Cortes shall meet once at least in three years; but he took especial care that it should only assemble by summons of the king; and that, unless by his order, it should neither be dissolved, nor prorogued, nor even adjourned; and he was to dismiss it when he pleased; so that, although its meeting should have been according to the letter of such a constitution, the moment it should attempt to deliberate on any point not pleasing to the king, who would be sure of the earliest intelligence of what was going on in such an assembly, of whom its president was to have been of his appointment, he was to have the power of dissolution. Its votes were to be taken by ballot; so that no member could know how another voted. Its sitt.ngs were not to be public ; so that no constituents could have the smallest knowledge how their representatives conducted themselves; and the publishing
* It appears from the Magna Charta of John, signed in the year 1215, that there were then four knights of the shire in each English county ; a circumstance overlooked by the Yorkshire reformers in 1780.
of any of its proceedings, either votes & opinions, either in print or writing, exby a member of the Cortes, was to be to mishable as an act of insurrection. After a attempt se diabolical, it should seem pool ble that ere a Buonaparte can be establish: on the throne of Spain, the nation must more than half exterminated. It was th that he was to improve upon the gover: ment of the Bourbons! It was thus that was to reform Spanish abuses! It was th that he was to exalt the character of So among the nations ! In my last letter I touched on the sentials of such a government, as can a confer freedom on Spain, and enable he defy the power of the Corsican. Th essentials are, a national arming on the to principles of freedom, and a legislative sembly on the true principles of represent tion. In neither of these particulars mi Spain expect full instruction, from red ring to her own annals in times past, I respect of the former, her best model wi the Holy Brotherhood, or Santa Herri dad, first instituted in the year 1260. T was a mere voluntary association of the ties for protection in travelling, and establish a martial police, for reforming anarchy, rapine, outrage, and mur. which had grown out of the inherent fects of the feudal system, and the seq. civil wars between the crown and the n lity, as well as between baron and bo The association was supported by cont tions exacted from each city; it rio considerable body of troops; it pursued minals, and it appointed judges to try Although displeasing to the nobles, it root ; and so well answered the ends & institution, that it acquired a sort of scriptive establishment, insomuch, th: afterwards received the entire countello of Ferdinand, as a valuable counter against the barons, whose power he do to reduce ; and he even extended its at rity beyond those parts to which it ho that time been restricted. On one occo the Hermandad furnished that prince * 16,000 beasts of burthen, together " S.000 men to conduct them. It has st existence in Spain, for purposes of pool but when this institution is compared" that of the English posse comitatus, wo was coeval with the constitution, and the fore an elder brother to the feudal syst: and which, under the organization of Also became the most perfect system of P. the world ever experienced, while it not only consistent with, but the veryo of political liberty;-when, I say, to sh Hermandad is compared with the Eng- | sh posse, it is too defective to serve as any model for the present day; whereas that ncent institution of our own country tacts only to be revived and cherished as it eserves to be, to constitute the most perto defence of which a nation can by any asibility be capable ; for, it is to be reembered, that it does not exclude the emkyment of any number of regular troops Łch exigencies may require, and it is catole of furnishing every other species of ial force that can be wanting, and unsuch discipline as the safety of the state 5 render necessary; and notwithstanding * neglect it experiences, because of its Asci svogeniality with national liberty, oe by whom it is understood, know it to : the only system which, in the day of l, can put at the disposal of the governt the entire strength of the nation ; and such admirable effect and precision, as ring into action, for the public defence,
y particle of the physical strength of its lation, with perfect order and regularity. New, Sir, with regard to a future repretation of Spain in a Cortes, it is certain, although she may look back to periods reedom with instruction as well as with e, she has many reasons for not binding self down to any precise precedent in ancient practice ; for, prior to the aera her political liberties were overturned, here had been no general Cortes for ali it, and there were material diversities he laws of the several kingdomas of which’ in is at , his time composed. Down to t era likewise, representation had been use among the northern nations, which e down the Roman empire, rather as an isputable right, than as a system of retled policy; rather as that which they felt \be necessary to liberty, than that of which ley had studied the nature as a science. is not therefore to be wondered at, that Spain, as well as in every other nation to ich representation was known, its disution was not originally regulated by ect notions of equality; nor its purity * independence so guarded, as experience as known to be necessary. It has been *ly in consequence of the wicked and unteasing arts and efforts of arbitrary princes *d corrupt statesmen, either altogether to ob the nation of this shield of freedom, or to render it useless to the people, and an
instrument of mischief in the hand of the
so that the learned and the virtuous “e studied it scientifically, as by far the most important branch of civil government, text to a free militia. Among the defects
of former times in Castile, touching representation, it seems that the city of Toledo, and perhaps others, did not even elect their deputies ; but that the citizens cast lots, and those two on whom the lots happened to fall, served in consequence. The absurdity, however, of such a proceeding became apparent, when, during a public agitation between the Emperor Charles and his Spanish subjects, or on a point affecting their liberties, the lot fell on two persons known to be devoted to the Flemish faction. On this unfortunate event, the citizens refused to grant a commission in the usual fortn; and proceeded to elect two other deputies, whom they empowered and instructed to repair to Compostella, in Galicia, to protest against a Cortes for Castile being there held, as against law. I cannot, however, omit an admirable practice which ought to be in use with every nation that enjoys representative freedom ; it was the custom for a Castilian deputy, when he returned from the Cortes, to assemble his constituents and give them an account of his conduct.—The quotations made from Spanish history are from Dr. Robertson.——l remain, Sir, &c. Enfield, J. CARTwRIGHT. 27th Sept. 1808. OFFICIAL PAPERS.
Conventions 1N Portugal.–From the
London Gazette Extraordinary, continued
from Page 513.
Art. I. There shall be from the present date a suspension of arms between the forces of his Britannic majesty and those of his imperial and royal majesty Napoleon I, in order to treating for a Convention for the evacuation cf Portugai by the French army. — II. The generals in chief of the two armies, and the admiral commander-in-chief of his Britanoic majesty's fleet off the mouth of the Tagus, shall fix upon a day whereon to meet on such point of the coast as shall be thought fit, in order to treat for and conclude said Convention.—l II. The river Sirander shall form the line of demarcation between the two armies : Torres Vedras shall sot be occupied by either — IV. The commander-in-chief of the British army shall engage to include the Portuguese armies in this Convention, and their line of demarcation sha} be floon Leira to Thurimur.—V. It is provisionally agreed, that the French army shall in no case le considered prisoners of war; that all those of whom it consists shall be conveyed to France, with arous and baggage, and ll their private property of every descript on, no part of which sixall be wrested F. c.u.
o them.—VI. No individual, whether native Portugal, occupied by the French troop, of Portugal or a country in alliance with shall be delivered up to the British army, France, or of France, shall be molested for the state in which they are at the period: his political conduct; they shall be protected the signature of the present convention—l. in their persons, their properties respected, The French troops shall evacuate Portugio, and they shall be at liberty to remove from with their arms and baggage ; they shall to Portugal with what belongs to them within a be considered as prisoners of war, and, on stipulated time —VII. The neutrality of their arrival in France, they shall be 4 the port of Lisbon shall be recognised with liberty to serve. If I. The English goverregard to the Russian fleet : that is to say, ment shall furnish the means of conveyare when the British army or fleet shall be in for the French army, which shall be disco possession of the city and port, the same barked in any of the ports of Franco fleet shall not be molested during its con- between Rochefort and L'Orient inclusio tinuance there, nor obstructed when leaving –IV. The French army shall-carry with it, nor followed after it shall have quitted all its artillery of French calibre, with that port, before the time prescribed by the horses belonging to it, and the tutob: maritime laws.-VIII. All the artillery of supplied with sixty rounds per gon. French calibre, as also all the horses of the other artillery, arms, and ammunition, French cavalry, shall be transported to also the military and naval arsenals, shal. France.—IX. This suspension of arms given up to the British army and navy, shall not be broke without forty-eight hours the state in which they may be at the peri notice —Made and agreed upon by the fore- of the ratification of the convention. . mentioned Generals — (Signed). ARTHUR The French army shall carry with it alii Wellesley. KELLERMANN, Gen. of Di- equipments, and all that is comprehe vision. - under the name of property of the arms Additional Article.—The garrisons of the that is to say, its military chest, and carris places occupied by the French army shall be attached to the field commissariat and it included in the present Convention, if they hospitals, or shall be allowed to dispos: shall not have capitulated before the 25th such part of the same on its account ast instant. (Signed) ARTHUR Wellesley. commander-in-chief may judge it unneces Kelle RMANN, Gen. of Division. (A true to embark. In like manner, all individe Copy)—A. J. DALEYMPLE, Captain, Mili- of the army shall be at liberty to dispose tary Secretary. their private property of every descript Definitive Convention for the Evacuation of with full security hereafter for the pulco Portugal by the French Army. sers.-VI. The cavalry are to embark to The generals commanding in chief the horses, as also the generals and other to British and French armiesin Portugal, having cers of all ranks. It is however fully no determined to negociate and conclude a stood that the means of conveyance treaty for the evacuation of Portugal by the horses at the disposal of the British to French troops, on the basis of the agreement manders are very limited ; some additio entered into on the 22d inst. for a suspension conveyance may be procured in the poo of hostilities, have appointed the undar- Lisbon; the number of horses to be to mentioned officers to negociate the same barked by the troops shall not exceed in their names, viz. –On the part of the hundred, and the number embarked by th general in chief of the British army, lieut. staff shall not exceed two hundred. At col. Murray, quarter-master general; and events, every facility will be given to * on the part of the general in chief of the French army to dispose of the horses belo French army, M. Kellerman, general of ing to it wich cannot be embarked:—W division, to whom they have given authority In order to facilitate the embarkation." to negociate and conclude a convention to shall take place in three divisions, the o that effect, subject to their ratification res- of which will be principally composed" pectively, and to that of the admiral com- the garrisons of the places, of the caro m.a.ding the British fleet at the entrance of the artillery, the sick, and the equipm." the Tagus. Those two officers, after ex- of the army. The first division shall em. changing their full powers, have agreed bark within seven days of the date of to upon the articles which follow:—Art. I. ratification, or sooner if possible. All the piaces and forts in the kingdom of (To t e continued.)
'The merit of the ministers in sending out this expedition, in their plan of operations, in their choice of a “commander, and in every part of the enterprize, no man of a just mind, will, whatever be his senti
‘ments in other respec's, attempt to deny.
They would, it the thing had failed, have been loaded with no
'small share of the blame; it would, therefore, be the height of injustice to withhold from them their
i45] SUMMARY OF POLITICS. Cox v ENTio N IN Portug AL. This thiect may no v, until the makers of the onvention return home, receive its dislost, every material question relating to it *g been discussed, and having been retty clearly decited in the public mind. is settied, that the thing was, in itself, "graceful to our arms ; that it was, in its kets, injurious to our allies of Portugal particular, and to those of Spain and reden; that it was insulting, to the last gree, to the Prince Regent of Portugal
listers, and particularly the war minister,
having made such appointinents; and, hink, the words which I have taken for in to, and which were written before f one has the smallest doubt of the findi ress of the expedition, will fully justify 'in inputing to them no small share of one.—st', is always been the practice the public to blame the ministers for the lies or vices of those whom they appoint command ; and, that this is generally * no one will deny because, in a state ongs, where there are so many tempions for them to seek, in such appointsits, their own or their party's interest, preference to that of the public, there go to be some check upon them, which look is to be found only in that responoily, which the public has a right to deand at their hands. Were there no ome, in cases of this sort, to attach to km, with what reason can we expect that ** will ever make good appointments, blos we choose to suppose, that wisdom, *ge, and integrity are inseparable from *anentary interest ? That every minister *t with to see his military and naval plans **d is evident enough ; but, the mo
able appointments are to be made, that moment is he assailed with applications, backed by such arguments as are not to be treated with contempt, unless he choose to run the risk of being out voted, and of losing his place, his emoluments, and his power. This being the case, it is quite reasonable that there should be a check upon him, in this respect. He appoints, at last, whom he pleases to appoint ; but, then, it being notorious, that his interest may be aftected in his appointments, he becomes responsible to the public for the disgrace or the injury it may sustain from the misconduct of those whom he selects, and invests with commands. Upon these principles the public have always proceeded. The late ministers were blamed for the foily, or the cowardice, of their commanders in Eqypt and in South America ; and, why should not, these ministers be blamed for the conduct of Wellesley and Sir Hew As to Sir Hew, I had never heard any harm of him, to be sure ; but I had never hoard any good of him, because, until the Portuguese expedition, I had never heard his unconth name pronounced in my whole life. His being utterly unknown to every body, except, perhaps, that silly part of the public, who waste six or eight minutes every day in reading what is call: “the “ coort news,” was of itself a reason for his not being appointed to the command of an expedition of such immense in portance to the country. It is said, with what truth I do not know, that he is a relation of Mr. George Rose. If this be the fact, we
need not wonder so much why he was se
lected. But, be this as it may, the ministers knew him well, or they did not know hisa well ; if the former, they sinned in appointing a man whom they knew to be unfit for a great command ; and, if the latter, they sinned in committing the honour of England and the welfare of her allies to the hands of a man, whom they did not well know. It is their business, they are paid well for it, to examine into, to ascertain,