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fighting for the liberties of their country, will ever be greatly superior to any mercepary enemies, even number for number, man for man, whenever the battle comes to be decided by the bayonet, yet, in manoeuvring and tactics, regular troops who are soldiers and nothing else, and whose whole time is devoted to soldiership, ought to have a superiority over a patriot militia, who are citizens as well as soldiers. On this account Spain will probably augment her regular force. But the more she reflects on her present situation, which imperiously demands every arm that can wield a weapon, the sooner she will discover that her main reliance must not be on regular armies. In proportion as her defenders shall be numerous, she may dispense with perior skill in manoeuvring; for, after all that ever was or ever can be advanced in support of military science in manœuv ring, such science is but a substitute for phytical strength, whereby the regular gains the flanks of his less expert adversary, or some equivalent advantage: but when the contest is between an army and an armed nation, the flanks of the latter never can be turned. It is superior in front; it will soon have a great force on each flank of the invader; and, if he dare to advance, it must likewise occupy his rear with troops through which be never can cut his retreat.

In short, under circumstances in which manœuvring can be of no avail, the time and the money that have been spent in their acquisition have been thrown away; for the invader cannot avoid a decision by the bayonet, in which case, as before observed, he must be, man to man, inferior; and when, likewise, he must be surrounded by thrice or four times his number, his destruction must be as certain as any demonstration in Euclid; for, independent of the operation of the bayonet in the hands of an enraged people, avenging themselves on mercenary instruments of despotism attempting their subjugation and slavery, invaders, once hemmed in by surrounding armies of patriots, cannot long have either food or sleep. When we are comparing regulars and a patriot militia, it is always to be presumed that the latter are to be taught to use fire-arms, so as to destroy enemies without danger to friends, and the necessary tactics for each man keeping his station in any necessary evolution of his battalion. This is very soon taught, and this is all that is essential, except mere attention, and a steady obedience to what is ordered. Law, and a sense of the necessity, must therefore soon make as good soldiers of a patriot militia as the defence of a

country can require. And the same law can furnish artillery in any number, and provide for its education.

But, Sir, there are some amongst us who are, it seems, troubled with an apprehension, that all this gallantry of the Spanish people is to prove of no avail towards bettering their political condition. They see nothing encouraging in the nature of the contest; nor any thing to hope as to the result. Differing in opinion on these points with those by whom such sentiments are entertained, and wishing every question now applicable to Spain to be brought into discussion, as, in my judgment, such discussion were good both for Spain and for England, the following observations solicit a place in your Register.

First, then, touching the nature of the contest, I do not apprehend, that, on the part of the Spaniards, the war against the Buonapartes is a mere war of the priests, for preserving the sway they have over the minds of the people, which would soon cease under a French government. Neither can I be persuaded, that all the exertion and animation I see on the part of many Spaniards of rank, in rouzing their countrymen to arms and leading them to battle, is a mere factious effort for either restoring the corruptions of the Bourbon government, or for placing the government exclusively in the hands of the aristocracy.

Some individuals, indeed, may be wholly influenced by selfish and factious motives; and some tincture even of such motives may possibly be mingled with more generous sentiments in the minds of others; but, from the peculiar nature of this case, so calculated in all respects to inspire a real patriotism, and furnishing so glorious an opportunity for the complete deliverance of Spain, it would be an impeachment of the common sense and taste of all the enlightened men of that nation, as well as of their virtue, to believe they could resist the temptation of being real patriots on such an occasion. In what other way can a Spaniard, at the present juncture, rise to eminence? Spain must either receive the French yoke, or she mu t resist. She must either fall, or triumph. There is no medium. And she has no means of a successful resistance, but in arms and liberty. Is not this enough to fire every Spanish mind with patriot virtue? when that high-minded people shall have thus, after a bloody struggle, repelled the French usurper, will it be possible for their leaders to descend from that lofty freedom they must then possess, to crouch again under the despotism of royal drivellers, or the

And

infamous corruptions of Godoys? This is what I cannot believe. On the authority, indeed, of one who is near the scene of action, I am taught to believe, that, notwithstanding the respect paid to the name of Ferdinand VII., the object of the most distingi ished leaders is a complete reformation of government, as a basis of real liberty: and it seems reasonable to conclude that this must be the case, when we reflect on the gigantic power of the invader, and on the impossibility of animating the people by any other hope or motive, to that patience under suffering, to that enthusiasm in the cause, and to that contempt of danger and death, which are indispensably necessary to success.And why are we not to conceive it possible that even in a Roman Catholic country, and one in which the nobles do not want pride, a priesthood and a nobility should be capable of patriotism? Those nobles who secured us Magna Charta were proud enough in all reason; they were Roiman Catholics, and had moreover at their head a Romish priest, archbishop, and cardinal Stephen Langton. But the fact is, that whatever might be the leaning of their own inclinations against popular freedom from the prejudices of their respective orders, they were in a situation in which they had to choose between favouring real public liberty, and submitting their own necks to a bateful and disgusting yoke. And are not the priesthood and nobility of Spain now in the same predicament? So much, then, for the nature of the contest.

I come now to the hopes which may be entertained of a beneficial result. What, indeed, is there not to be hoped for, when we see a nation, as one man, fly to arms, on an attempt against its independence! I perfectly well know the essential difference there is, Letween independence and liberty: -between Spain being exempt from the domination of France, and enjoying a truly free government of her own choosing. Under a government merely Spanish, that government might indeed be independent; while the nation might be enslaved; as Spain lately was. But is it to be believed that her despotic government under the Bourbons having been aunihilated, and the whole nation having taken up arms to save itself from the despotisn of another family, Spain should be so besotted, as to wade through her own blood to place herself in her late abject slavery again? Those who have faith enough to believe this, must be as expert at believing as any pope on earth could wish.Is it not evident, that the armed union, which shall be sufficient to re

sist France, must be all powerful to recover those ancient liberties which the Spanish nation, with extreme indignation, saw tom from them by Charles V. and his gloomy son? And when the French armies shall be repelled, and the modelling of the government shall be in the hands of the victorious patriots, without either the presence of royal personages debauched by power, er their corrupt minions, to counteract their designs for the public good, can any harara being doubt of their best endeavours to co2 blish it on the solid foundations of political liberty, protected by a national Cortes Upon the whole, in the armed population I see the materials of success; in the general junta, just assembled, the means of organizing, harmoulzing, and directing these materials; and, in their now free press, the mental nutriment for supplying energy and enthusiasm. The honest mass of every people, who have virtue enough to fight f their country, are ever friends to free g vernment; and all they want is leaders of sufficient knowledge and integrity, for preferring what is intrinsically good.

A little reflection on the constitution of human nature, and on that faculty of reason which places us above the condition of the brute creation, will convince us that this must be so. And there seems good ground for concluding, that, on the present occasion, there is sufficient virtue among the higher classes in Spain, to establish that union between the nobility and the com mons, the want of which caused the loss of their liberties under their former monarch, and the peculiar degradation of the nobles.

At the period now spoken of, there was among the commons of Spain more knowledge on the subject of civil government than among any other people in Europe, those of England not excepted; and, had not the extravagant pretensions of the noblity, imbibed from the feudal system, which had proved the bane instead of the preserver of the ancient liberties, then prevented a cordial union between the two classes, Spain would probably have set an example to mankind, which was reserved for England a century and a half afterwards: I do not mean of expelling a tyrannical king; but of declaring the rights of a people, and laying thereon the foundations of government. Between the eyents alluded to and the present there are striking resemblances. The Spanish sovereign was absent from his deminions; by the ill conduct of his ministers he had lost the esteem and affection of his subjects; the people, exasperated by many injuries, had taken arms, though with

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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 Junta or association, they proceeded to deliberate concerning the state of the nation, and the proper method of redressing its grievances." Happily for Spain, in the present juncture, their king cannot now follow the example of her then absent momarch, who, in circular letters to all the cities, endeavoured by mild but insidious language to divert them from their purpose; while, to the nobles, whom before he had reated with contempt and endeavoured to umble, he wrote others "exciting them appear with vigour in defence of their own rights, and those of the crown." By Lese letters, by seeming concessions, and ther flatteries, he but too well succeeded with this order of men.

"The Junta, relving on the unanimity fith which the nation submitted to their thority, elated with the success which herto had accompanied all their underkings, and seeing no military force collectd to defeat or obstruct their designs, aimed ta more thorough reformation of political buses." What we in England have called Bill of Rights, they termed a Remonfrance. It contained between thirty and otty articles, amongst which were these ;'That no foreign troops shall, on any preence whatever, be introduced into the ingdom;" doubtless meaning to prevent oldiers from the king's German dominions eing brought into Spain to favour arbitratry esigns; that all new offices created since e death of queen Isabella (Charles's grandother) shall be abolished; that the crown hall not influence or direct any city with egard to the choice of its representatives; -that no member of the Cortes shall reeive an office or pension from the king, ither for himself or for any of his family, inder pain of death, and confication of his that each city, or community,

pods;

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hall pay a competent salary to its represenatives for his maintenance during his atendance on the Cortes ;-that all privileges which the nobles have at any time obtained,

the prejudice of the commons, shall be evoked that the lands of the nobles shall be subject to all taxes in the same manner as those of the commons-that indulences shall not be preached or dispersed in the kingdom until the canse of publishing them be examined and approved of by the Cortes;-and that the king shall ratify, and kold as good service done to him and to the hingdom all the proceedings of the Junta."

Unfortunately, Sir, the nobles, who, instead of obstructing, had favoured or connived at their proceedings, while they confined their demands of redress to such griev ances" as had proceeded only from kings and ministers, no sooner perceived that their own exorbitant privileges, especially the exemption of their estates trom ali prolic taxes, were thonght 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 more 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, must 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 more 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 modi fication of the "Remonstrance," 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 dismissed the Cortes of Castile, then assen. bled at Toledo, "with great indignation," and from that period neither the nobles nor the prelates have been called to these assemblies, on pretence that such as pay no. of the public taxes, should claim no

part

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."

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of any of its proceedings, either votes opinions, either in print or writing, eve by a member of the Cortes, was to be nishable as an act of insurrection. After a attempt se diabolical, it shouid seem prob ble that ere a Buonaparte can be establishe on the throne of Spain, the nation must more than half exterminated. It was th that he was to improve upon the govern ment of the Bourbons! It was thus that was to reform Spanish abuses! It was th that he was to exalt the character of Spa among the nations!

In the constitution manufactured by Bonaparte at Bayonne, this skeleton of representation, for a nation of 8 millions 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 appoint-that time been restricted. On one occas ment, he was to have the power of dissolu

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In my last letter I touched on the e sentials of such a government, as can al confer freedom on Spain, and enable her defy the power of the Corsican. The essentials are, a national arming on the tr principles of freedom, and a legislative a sembly on the true principles of represent tion. In neither of these particulars m Spain expect full instruction, from recu ring to her own annals in times past, respect of the former, her best model w the Holy Brotherhood, or Santa Herma 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 murde which had grown out of the inherent fects of the feudal system, and the frequ civil wars between the crown and the n lity, as well as between baron and ba The association was supported by contr tions exacted from each city; it raised considerable body of troops; it pursued minals, and it appointed judges to try the Although displeasing to the nobles, it to root; and so well answered the ends of institution, that it acquired a sort of p scriptive establishment, insomuch, that afterwards received the entire countera of Ferdinand, as a valuable counterpo against the barons, whose power he des to reduce; and he even extended its aut rity beyond those parts to which it had

the Hermandad furnished that prince w 16.000 beasts of burthen, together w 3,000 men to conduct them. It has stil existence in Spain, for purposes of polic but when this institution is compared w that of the English posse comitatus, wh was coeval with the constitution, and the fore an elder brother to the feudal syster and which, under the organization of Alf became the most perfect system of po the world ever experienced, while it not only consistent with, but the very s of political liberty;-when, I say, the S

ish Hermandad is compared with the Eng-of former times in Castile, touching repre

sh posse, it is too defective to serve as any odel for the present day; whereas that cient institution of our own country ats only to be revived and cherished as it serves to be, to constitute the most per et defence of which a nation can by any ssibility be capable; for, it is to be reembered, that it does not exclude the emoyment of any number of regular troops hich exigencies may require, and it is cable of furnishing every other species of artial force that can be wanting, and unsuch discipline as the safety of the state y render necessary; and notwithstanding e neglect it experiences, because of its Vic congeniality with national liberty, e by whom it is understood, know it to the only system which, in the day of al, can put at the disposal of the governent the entire strength of the nation; and ith such admirable effect and precision, as bring into action, for the public defence, ery particle of the physical strength of its polation, with perfect order and regularity. New, Sir, with regard to a future reprentation of Spain in a Cortes, it is certain, et although she may look back to periods I freedom with instruction as well as with ride, she has many reasons for not binding erself down to any precise precedent in er ancient practice; for, prior to the æra then her political liberties were overturned, here had been no general Cortes for all pain, and there were material diversities the laws of the several kingdoms of which pain is at this time composed. Down to jat æra likewise, representation had been I use among the northern nations, which ore down the Roman empire, rather as an dis disputable right, than as a system of reined policy; rather as that which they felt o be necessary to liberty, than that of which bey had studied the nature as a science. t is not therefore to be wondered at, that Spain, as well as in every other nation to which representation was known, its distribution was not originally regulated by correct notions of equality; nor its purity and independence so guarded, as experience has known to be necessary. It has been only in consequence of the wicked and unceasing arts and efforts of arbitrary princes and corrupt statesmen, either altogether to rob the nation of this shield of freedom, or to render it useless to the people, and au instrument of mischief in the band of the prince, that the learned and the virtuous have studied it scientifically, as by far the

most

important branch of civil government, Lext to a free militia. Among the defects

sentation, it seems that the city of Toledo, and perhaps others, did not even elect their deputies; but that the citizens çast 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 form; 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.I remain, Sir, &c. J. CARTWRIGHT.

Enfield, 27th Sept. 1808.

OFFICIAL PAPERS. CONVENTIONS IN 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 of Portugal by the French army. -II. The generals in chief of the two armies, and the admiral commander-in-chief of bis Britannic 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.-III.

The

river Sirander shall form the line of demarcation between the two armies: Torres Vedras shall not be occupied by eitherIV. The commander-in-chief of the British army shall engage to include the Portuguese armies in this Convention, and their line of demarcation shall be from Leira to Thurmur.-V. It is provisionally agreed, that the French army shall in no casele considered prisoners of war; that all those of whom it consists shall be conveyed to France, with arms and baggage, and :11 their private property of every description, no part of which shall be wrested from

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