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provincials. Each individual or member shall present himself every afternoon with his respective corps, to acquire the necessary instruction, destining for that purpose two or three hours; understanding, besides, that they are to clothe and maintain themselves at their own expence and further, that on Monday next, the 14th instant, the ialistment is to be concluded which has been communicated to the commissaries of the different districts, to whom they are to present themselves, aud who will take a proper note of their names, address, occupation, &c. haping that every one will hasten to imitate the distinguished example set by the chiefs and individuals of all the public and private offices, offering themselves on so important a service. And that this may be known to all, it is published by order of the Junta D JUAN DE DIOS DE LADABARN, 1st Sec. D. JUAN DE LA PENA Y SANTANDER, 2d

Sec.

Proclamation of the General Assembly of Asturias.- Oveido, 12th June, 1808. Beloved Countrymen -The first duty of a citizen is obedience to the laws and lawful authorities. Man, placed in social relations, is obliged to relinquish a small part of his independence in order to secure the rest, and the enjoyment of all the advantages of civilized nations. This subjection, dictated by reason, establishes confidence, tranquillity, and order. Without these vaJaable blessings the public force is precarious and feeble, and frequently used to oppress the very people whom it shall protect These principles are evident, and equally apply to the constitution and situation of all political bodies.-This being the case, how powerfal ought to be their influence in the critical situation in which we are placed.

We have to combat a formidable enemy; how shall we be able to conquer him without union? How can union exist without order, and order without subordination, and a profound veneration and respect for the supreme power? With that power you have invested the general council of the principality. Its members, representing the body of the people, have a right to give you laws, which you must obey. Whatever has a tendency to violate those principles and institutions, destroys the constitution, and consequently the welfare of the country and the people. Bear, therefore, in mind, beloved citizens, that popular commotion, confusion, and disorder, whatever may be the pretext on which they are fomented, are contrary to the laws, and neither cau nor ought to be tolerated by the supreme power. Confide, therefore, in the depositories of sovereignty, whom you

acknowledged and elected. Regulate all your movements and operations, both civil and military, by that leading principle, and true basis of the welfare of the people. Avaunt then, from this day, whatever has the appearance of disorder and popular commotion, The peaceful husbundman on his farm, the priest before the altar, the magistrate in the sanctuary of the law, the soldier in trenches or in camp, all perform their functions under the protection of justice, with perfect tranquillity and freedom. Let the legislators issue their command and regulations for the good of the country, sure of your obedience and respect, and let those who shall dare to violate or destroy it, be considered convicted enemies of the country, and be punished as such. This is decreed and intimated to you by the general council.— IGNACIO FLOREZ.

Address of the Government to the People of Cadiz, 14th June, 1808.

ter.

The French squadron has surrendered at discretion, relying on the humanity and generosity of the inhabitants of Cadiz, as has already been made known. The measures which have been pursued, have prevented our squadron from sustaining the least damage, nor have the forces employed to reduce the French squadron sustained any considerable loss, and the effusion of blood has been less than in the combat of two small armed vessels; the loss in killed does not exceed four men. The French ships, their arms, and warlike stores, remain at our disposal, and the prisoners taken will be exchanged for our troops. Nothing of that kind could have been attained by red hot balls, or similar means. Had no measures of prevention been taken, which require time, our loss would have been much greaI therefore trust I have acquitted myself in a manner worthy of the inhabitants of this town, who have given me so many repeated proofs of their confidence and respect, that I shall at all times entertain the highest sense of the approbation. with which they have honoured my conduct.-But now I demand, exact, and ordain, that all disturbances shall cease; that every thing shall return to order; that all persons, according to their different ranks and stations, shall submit to the constituted authorities, who all depend from the supreme courcil of government, at all times solicitous to promote the public welfare and to procure the best alliances and means to secure, a successful issue of our undertaking: let the laws reign and all arbitrary proceedings be avoided. The most enlightened and civilized people upon earth disgraces itself by

i

demanding the death of any individual. The field of battle, where force is repelled by force, authorises alone the effusion of blood, which is otherwise illegal. The sovereign himself is not master of the life of an offender, unless he has forfeited the same by the laws of his country.-These laws prohibit in all countries, even among the most barbarous nations, sedition and disturbances of every description; we are bound to obey and respect them. This is the only means to secure a successful issue of the contest in which we are engaged, and not to offend either against the God of Hosts, or the sovereign, whose sacred rights we have sworn to defend. In order to avoid an unnecessary multiplication of publications, I now address the French, who reside in this city. The supreme council has used towards you the utmost lenity and respect; after having taken the oath of fidelity to the Spanish nation, you are permitted to remain in this country, and your property is respected.-Grateful for this valable blessing, you should not be vipers, which destroy the bosom that gave them shelter. On the contrary you are bound to she he utmost loyalty and respect for a governing which treats you in so generous a manner; by such conduct you will not only avoid the odium of the good inhabitants of this town, but also obtain their love. Should you act otherwise dread their justice, they will punish with the utmost rigour, and without the least mercy even meetings which you may hold among you yourselves and disloyalexpressions which you may make use of in opposition to our cause. Should any one of you be so far devoid of reason as not to respect it on account of its equity and justice, he will fall a victim of his wickedness or pride.—MORLA. Address of Gen. Morla to the People of Cadiz, 15th June, 1808.

The commotion more or less violent, which has taken place in the whole peninsula of Spain, has been of eminent service to rouse us from the state of lethargy in which we indulged, and to make us acquainted with our rights, our glory, and the inviolaLle duty which we owe to our holy religion and our monarch. We wanted some electric stroke to rouse us from our paralytic state of inactivity; we stood in need of a hurricane, to clear the atmosphere of the insalubrious vapours with which it was loaded. Fortunately the only antidote which could save us has proved efficacious. It is, however, necessary to know, that if the use of heroic remedies be continued, after the good effect which was expected from them has been obtained, they destroy, annihilate,

and kill; that excessive efforts bring on indirect debility, which is worse than direct weakness, because the very principle of strength is emaciated. Hence it is, that although the popular ferment which has pervaded all the provinces has been of considerable use, yet if not checked, it will produce a state of putrefaction, or, in other words, prove extremely destructive. It is necessary to return to order, and to have confidence in the magistrates, who from their knowledge, studies, and experience, are able to deliberate, combine, and determine as circumstances shall direct. Without the most intimate knowledge, the wisest are liable to err, and how can a mob possibly steer clear, of errors, which is mostly guided by the cries of women and boys?-But not restricting myself to this city, I really believe, that all these observations are perfectly useless, because the inhabitants of this city are more enlightened that any other, on account of their trade and intercourse with other nations. There are but few idcots in this city, who are merely guided, as it were, by instinct; and much smaller is the number of those, who, from their vicious habits, can only exist in confusion and disorder. These few have been joined by others of the neighbouring districts, who neither enlist for the honourable and glorious service in which we are engaged, nor apply themselves to reap the plentiful crops with which providence has been pleased to bless us. These are the men who have not looked for any other employment than that of disturbing the peace and tranquillity of this place, and of preventing the rest of the inhabitants, nay, the magistrates, from performing their duty. They are well known; unless they amend their conduct, and all foreigners withdraw to their different habitations, they will certainly be punished. Well-disposed persons will be obliged to take up arms; they who are not able to bear arms will be employed for other purposes; and boys neglected by their parents, and women who raise the hue and cry, shall be punished. The troops, the whole town, the sword of justice, and, above all, God himself, who avenges the wrongs of those who misuse his mercies, authorise and support me. I make this known, that no person may plead ignorance, however disposed, I shall always follow the dictates of humanity and mercy. It will never be my wish to punish, but I shall at all times be happy to correct. Proclamation of the Partizans of the French, St. Andero, 25th June, 1808. Inhabitants of St. Andero-An insurrection organized in this city has exposed

your lives and property to the utmost danger. The insurgents routed, conquered, and dispersed, leave you at the mercy of the French army. The bishop of this city has taken advantage of all the influence which he possessed from his dignity and exalted situation, to incite the mob to sedition, and the latter compelled peaceful persons, whose only wish was tranquillity, to march at their head; these persons have quitted their homes, and dare not return, lest they should be persecuted as rebels. The general of division, commanding in St. Andero, considering that the violence of an ignorant and barbarous mob has been the only cause of the step they have taken, invites them to return to their homes, to appear with their arms, and promise fidelity and obedience to his majesty, king Joseph Napoleon, their sovereign, in which case they shall enjoy perfect security and remain unmolested. Within the term of four days, reckoned from the date hereof, the seals shall be put on the goods and effects of such persons as shall remain absent, and their property shall be confiscated for the benefit of the state.-MERLE,-General of division, commanding the French troops.BONIFACIO RODRIGUEZ DE LA GUERRA, PEDRO FERNANDEZ NICTO, Sec

king should not have nominated that one of
his daughters who has male issue, then to
him whom he shall appoint by his will, either
among his relations, or among those whom
he shall deem most worthy to rule over
Spain. This nomination shall be delivered
to the Cortes for their acceptance.-4. The
crown of Spain shall never be fixed upon
the same head with any other crown.-5.
In all the edicts and laws, the title of the
king of Spain shall be D. N.-by the
grace
of God, and the constitution of the
state, king of Spain and the Indies.-6.
The king on his accession to the throne, or
on his attaining his majority, shall take an
oath to the Spanish people on the gospel,
in the presence of the cortes, the senate,
the council of state, the council of Castile,
the archbishops and bishops. 7. The form
of the king's oath is :--- I swear, on the
holy evangelists, to reverence and cause to
be reverenced our holy religion; to maintain
the inviolability of the Spanish territory;
to reverence and cause to be reverenced,
the liberty of the person, and to govern
alone for the welfare, happiness, and glory
of the Spanish nation."

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TITLE III-OF THE GOVERNMENT. 8. The minority of the king shall last till

Sketch of Buonaparte's New Constitution for he has attained his 13th year. During his

Spain.

TITLE I.

Art. 1. The Catholic-Apostolic and Romish religion is the predominant and sole Teligion of Spain and its dominions; none other shall be tolerated.

TITLE II.

minority there shall be a regent of the kingdom.-9. The regent must be at least 25 years old.—10. The regent shall be nominated by the preceding king, among the infantos who have attained the age mentioned in the preceding article.- 11. In default of nomination by the preceding king, the regency belongs to the prince the farthest removed from the throne, according to the law of succession, and who has attained the age of 25 years.-12. In case the prince furthest removed from the crown shall be in a state of minority, the regency belongs to the next prince, who shall continue to ex

2. Prince Joseph Napoleon, king of Naples and Sicily, is king of Spain and the Indies.-3 The crown of Spain and the Indies shall be hereditary in the male issue lawfully begotten of the body of the said prince, according to seniority of birth, to the perpetual exclusion of females.-In default of such issue male, lawfully begotten of the princeercise his functions till the king shall have Joseph Napoleon, the crown of Spain shall descend to us and our heirs male, and legal successors, either of our body, or by adoption.-In default of such our male descen. dants and lawful successors, to descend to the issue male and lawful successors of Prince Louis Napoleon, king of HollandAnd in default of such male descendants and lawful successors of prince Louis Napoleon, to the issue male, and lawful successors of prince Jerome Napoleon, king of Westphalia. And in default of these, to the first born son, before the death of the last king, of the eldest daughter of those who have male issue, and to his male descendants, and lawful successors; and in case the last

attained his majority.-13. The regent is not personally answerable for the acts of his administration.-14. All the acts of the regency pass in the name of the minor king. -15. The yearly revenue of the regent shall be one-fourth of the income of the crown.-16. In case the preceding king shall have nominated no regent, and all the princes shall be minors, then the government shall be carried on by the ministers who form the council of government.-17. All state affairs shall be determined by a majority of votes in the council of government.-18. The regency has no right to the personal custody of the king, during his minority.-19. The care of the king during.

his minority is vested in his mother, and in default of her, in the prince appointed thereto by the demised sovereign.-20. The board of guardianship, composed of the ministers, shall principally be charged with superintending the education of the young king; and the same shall be consulted in every matter of importance, relative to his person or establishment.

TITLE IV.-PROPERTY OF THE CROWN.

21. The palaces of Madrid, the Escurial, St. Ildefonso, Aranjuez, D'El Pardo, and all the others now forming part of the property of the crown, together with the parks, woods, domains, and estates of what kind soever, constitute the property of the crown. The revenues accruing from the said property shail be paid into the treasury of the crown; and should they fall below the yearly sum of a million of hard piastres, an addition of hereditary property shall be made, so as to make good the revenue to the amount stated. -22. The public treasury shall annually pay over to that of the crown, a sum of two millions in hard piastres.-23. The king's sons, on attaining the age of twelve years shall receive the following annual revenues in the name of subsistence money, viz. :the heir apparent, 200,000 piastres; each infanto, 100,000 piastres; and each infanta, 50,000 piastres.-24. The dowry of the queen is fixed at 400,000 piastres, and shall be paid out of the treasury of the crown.

TITLE V.OF THE OFFICERS OF THE ROYAL HOUSEHOLD.

25. The chief and grand officers of the royal household are six in number,-a grand aimoner, grand chamberlain, grand cupbearer, grand master of the horse, grand huntsusan, and grand master of the ceremonies.-26. The noblemen of the chamber, the steward's chaplains, and equeries, are officers of the royal household.

TITLE VI.

27. There shall be nine ministerial departments, viz. of police, religion, foreign af fairs, internal affairs, domains, war, marine, the Indies, and general police.-28. A secretary of state, in the character of minister, shall sign all acts of government. -29. The king may commit several ministerial functions to one minister.-30. There is no other precedence among the ministers than what results from their priority of nomination in point of time.-31. The ministers, each in his own department, are responsible for the execution of the laws, and of his majesty's orders.

TITLE VII-OF THE SENATE.

32. The senate is composed, 1. of the infants of Spain, being 18 years of age.

2. Of twenty-four individuals, specially appointed by the king from among the ministers, captain-generals, ambassadors, councillors of state, and members of the council of Castile.-33. The existing councillors of state are members of the senate. No new nomination shall take place until they are reduced below twenty-four, as regulated by the preceding article.-4. The president of the senate is appointed by the king. He is chosen out of the senate, and his functions last for one year. 35. The senate meets by the command of the king, or on the application of the junta, or one of its officers for internal affairs.-36. In the case of an armed insurrection, or of apprehensions respecting the safety of the state, the senate may, on the proposition of the king, suspend the operation of the constitutional act in a particular district, and time to be limited.

[The remaining articles of this title, and those of the 8th title relative to the council of state, contain little that is of general interest. The king presides in the council, which is to consist of not less than 30, nor more than 60 members, divided into six sections, viz. those of justice, religion, internal affairs, police, finance, war, the marine, and the Indies.]

TITLE IX.

57. The cortes or juntas of the nation are composed of 150 members, divided into three estates or orders, namely those of the clergy, nobility, and people.-58. The order of the clergy shall consist of 25 arch bishops or bishops.-59. The order of the nobility shall consist of 25 nobles, who shall have the title of Grandees of the cortes60. The order of the people shall consist of 40 deputies from the provinces, 30 from the principal cities, 15 from the merchants, and 15 deputies from the universities, to con sist of the most celebrated for their attain. ments in the arts and sciences.-61. The archbishops or bishops constituting the order of the clergy, shall be raised to the rank of members of the cortes, by a writ sealed with the great seal of the state. They cannot be divested of their functions, but by virtue of the sentence of a competent court, pronounced in due form.-- 62. The nobles must possess an annual income of at least 200,000 hard piastres, and have performed great services in the civil or military departments, to qualify them for being elevated to the rank of grandees of the cortes. They shall be raised to the rank by a writ stamped with the great seal of the state. They cannot be divested of their functions but by the sentence of a competent

court, pronounced in due form.-63 The deputies from the provinces shall be nominated by the same, in the proportion of at least 1 to 300,000 inhabitants; for this purpose the provinces shall be divided into so many elective districts as shall be necessary to furnish the population giving a right to the election of a deputy.-The articles from 64 to 70 inclusive, contain the forms to be observed in electing the deputies of the people, the commercial bodies, and the universities. J71. The cortes shall assemble upon the summons of the king. They cannot be adjourned, prorogued, or dissolved, but by his orders. They shall meet once, at least, in three years.--72. The president of tne cortes shall be appointed by the king, but shall be chosen out of three candidates to be

nominated by the cortes by ballot, and an absolute majority of votes.-73 and 74. On the opening of such session, the cortes shall nominate three candidates for the presidentship, two vice presidents, two secretaries, and three committees, each to consist of five members, viz. a committee of justice, of internal affairs, and of finance. -75. The sittings of the cortes shall not be public. Their votes shall be taken by ballot. 70. Neither the opinions nor votes shall be printed or published. Any act of publication, in print or in writing, by the assemby of the cortes, or the individual members thereof, shall be regarded as an act of inErrection.-77. The alterations to be made in the civil or criminal code, or in the system of finance, shall be laid before the cortes for their decision thereupon, by the orators of the council of state.-80. Should the cortes conceive themselves to have just grounds of complaint as to the conduct of any of the ministers, a petition, containing their alledged grievances and suggestions shall be carried by a deputation to the foot of the throne. The king shall appoint a commission, consisting of six councillors of state, and six councillors of Castile, to examine into the said petition.-81. The decrees of the king, issued in pursuance of the decision of the cortes, shall be introduced with the formula" upon consulting the cortes."

TITLE X.-OF THE SPANISH COLONIES IN AMERICA AND ASIA.

82. The Spanish colonies in America and Asia shall enjoy the same privileges as the mother country.--83. Each kingdom and province shall always have deputies at the seat of government, charged to watch ver their particular interests, and to serve as their representatives in the cortes.-81. These deputies are 20 in number, viz two from New Spain, two from Peru, two from

the new kingdom of Granada, two from Buenos Ayres, two from the Phillipine islands, one from the island of Cuba, one from Porto Rico, one from the province of Venezuela, one from Chareas, one from Quito, one from Chili, one from Guatimala, one from Guadalaxara, one from the interior western provinces of New Spain, and one from the eastern provinces.-86. The said deputies shall exercise their functions during the period of eight years; and if upon the lapse of the same their successors shall not have yet arrived, they shall retain their functions until their actual arrival.

TITLE XI OF THE ADMINISTRATION
JUSTICE.

OF

87. Spain shall be governed by one and the same code of civil laws. 88. The administration of justice, is independent.89. Justice shall be dispensed in the name of the king, by judges and courts of justice to be appointed by his majesty. All courts claiming particular privileges, and all the exclusive jurisdictions of any orders or seigniories whatever, are abolished-[The remaining articles under this head contain nothing of general interest.]

TITLE XIII.-GENERAL REGULATIONS.

107. There shall be a permanent alliance by sea and land, offensive and defensive, between France and Spain. The contingent to be furnished by each of the respective powers, in case of a continental or maritime war, shall be regulated by a separate treaty. -108. Foreigners who have performed, or may hereafter perform, great services to the state; who may prove useful from their talents, inventions, or zeal and activity; who may form great establishments, or purchase funded estates paying a tax of fifty hard piastres,-are admissable to the rights of naturalization in Spain. The king confers this indulgence through his minister for internal affairs upon consulting his council of state-109. The residence of every in habitant of the Spanish territory is an inviolable sanctuary. It can only be entered in the day time, and for a purpose commanded by law, or in execution of an order issued by the public magistracy.—110. No person domiciliated in the Spanish territory can be arrested, except in the actual commission of a crime, or by virtue of a lawful warrant in writing.-111 In order to the execution of a warrant of arrest, it is necessary 1. that the reason of the arrest shall be formally set forth therein, and that it shall state the law enjoining the same. 2. That it shall be granted by an authority formally empowered by law to grant it. 3. That its contents shall be communicated, and

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