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

gister.

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.

fighting for the liberties of their country, will ever be greatly superior to any mercenary enemies, even number for number, man for man, whenever the battle comes to But, Sir, there are some amongst us who be decided by the bayonet, yet, in ma- are, it seems, troubled with an apprehension, noeuvring and tactics, regular troops who that all this gallantry of the Spanish people are soldiers and nothing else, and whose is to prove of no avail towards bettering whole time is devoted to soldiership, ought their political condition. They see nothing to have a superiority over a patriot militia, encouraging in the nature of the contest; who are citizens as well as soldiers. On nor any thing to hope as to the result. Difthis account Spain will probably augment fering in 'opinion on these points with those her regular force. But the more she re- by whom such sentiments are entertained, flects on her present situation, which im- and wishing every question now applicable periously demands every arm that can wield to Spain to be brought into discussion, as, a weapon, the sooner she will discover that in my judgment, such discussion were good her main reliance must not be on regular both for Spain and for England, the followarmies. In proportion as her defendersing observations solicit a place in your Reshall be numerous, she may dispense with superior skill in manoeuvring; for, after all that ever was or ever can be advanced in support of military science in manœuvring, such science is but a substitute for physical 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; Mand, if he dare to advance, it must likewise hoccupy his rear with troops through which he never can cut his retreat. In short, under circumstances in which manoeuvring 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 instru ments of despotism attempting their subju gation 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 keep ing 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

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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 mut 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? And 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

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 distinguished 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 Roman 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 or ders, they were in a situation in which they had to choose between favouring real public liberty, and submitting their own necks to a hatefl 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, between 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 despolic government under the Bourbons having been annihilated, and the whole nation having taken up arms to save itself from the despotism 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 torn 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, or their corrupt minions, to counteract their designs for the public good, can any human being doubt of their best endeavours to establish 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, harmonizing, 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 for their country, are ever friends to free goveroment; 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 rea son which places us above the condition of the brute creation, will convince us that this must be so. And there seems d ground for concluding, that, on the p occasion, there is sufficient virtue an the higher classes in Spain, to establish t union between the nobility and the com mons, the want of which caused the loss of their liberties under their former monarchs, and the peculiar degradation of the nobles.

At the period now spoken of, there was among the commons of Spain more know. ledge 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 nobi lity, 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 lay ing thereon the foundations of government, Between the events alluded to and the present there are striking reserablances. The Spanish sovereign was absent from his do minions; 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 arins, 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 comnion end."-" Assuming the name of the holy Jun!a 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 monarch, 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 treated with contempt and endeavoured to humble, he wrote others "exciting them to appear with vigour in defence of their own rights, and those of the crown." By these letters, by secming concessions, and other flatteries, he but too well succeeded with this order of men.

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 from all public taxes, were thought grievances, than they fell off from the use of retormation and liberty, and, by siding with the crown against the Junta, erconged Charles in the prosecution of his views; whereby he in the end completely established that alsolute 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 counteract

"The Junta, relying on the unanimity with which the nation submitted to their authority, elated with the success which hitherto had accompanied all their undertakings, and seeing to military force collected to defeat or obstruct their designs, aimed at a more thorough reformation of political abuses." What we in England have called a Bill of Rights, they termed a Remonstrance. It contained between thirty and forty articles, amongst which were these ;"That no foreign troops shall, on any pre. tence whatever, be introduced into the kingdom;" doubtless meaning to prevent soldiers from the king's German dominions being brought into Spain to favour arbitratry designs; that all new offices created since the death of queen Isabella (Charles's grand-ing their patriotism, were in some instances mother) shall be abolished;-that the crown shall not influence or direct any city with regard to the choice of its representatives ; -that no member of the Cortes shall receive an office or pension from the king, either for himself or for any of his family, under pain of death, and confication of his goods;

that each city, or community, shall pay a competent salary to its representatives for his maintenance during his attendance on the Cortes ;-that all privileges which the nobles have at any time obtained, to the prejudice of the commons, shall be revoked; that the lands of the nobles shall be subject to all taxes in the same manner as those of the cominous;-that indulgences shall not be preached or dispersed in the kingdom until the cause of publishing them be examined and approved of by the Cortes;-and that the king shail rafy, and kold as good service done to him and to the kingdom all the proceedings of the Junta.”

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.

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When, as I have said, it was too late, the Spanish nobles, in the year 1539, then sensible of the error of their former condect, "demanded a conference with the repr sentatives of the cities concerning the stare of the nation," and made representations to the king; but he was then become tob strong for their united opposition He dismissed the Cortes of Castile, then assenbled at Toledo, bied at Toledo," with great indignation," and

from that period neither the nobles nor the prelates have been railed to these assemblies, on pretence that such as pay no part of the public taxes, should claim 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 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 appointment, he was to have the power of dissolu

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Its yotes were to be taken by ballot; so that no member could know how another voted. Its sittings 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 Joha, signed in the year 1215, that there were then four knights of the shire in each English coun y; a circumstance overlooked by the Yorks hire reformers in 1780.

of any of its proceedings, either votes of opinions, either in print or writing, even by a member of the Cortes, was to be punishable as an act of insurrection. After an attempt so diabolical, it should seem probable that ere a Buonaparte can be established on the throne of Spain, the nation must be more than half exterminated. It was thus that he was to improve upon the govern ment of the Bourbons! It was thus that he was to reform Spanish abuses! It was thus that he was to exalt the character of Spaia among the nations!

In my last letter I touched on the es sentials of such a government, as can alone confer freedom on Spain, and enable her to defy the power of the Corsican. Thos essentials are, a national arming on the tree principles of freedom, and a legislative a sembly on the true principles of representation. In neither of these particulars mus Spain expect full instruction, from recur ring to her own annals in times past. La respect of the former, her best model wa the Holy Brotherhood, or Santa Hermes dad, first instituted in the year 1260. Thi was a mere voluntary association of the c ties for protection in travelling, and establish a martial police, for reforming the anarchy, rapine, outrage, and murders, which had grown out of the inherent de fects of the feudal system, and the civil wars between the crown and the lity, as well as between baron and bar The association was supported by contrib tions exacted from each city; it raised! considerable body of troops; it pursued cri minals, and it appointed judges to try then, Although displeasing to the nobles, it tock root; and so well answered the ends of institution, that it acquired a sort of pre scriptive establishment, insomuch, that afterwards received the entire countenan of Ferdinand, as a valuable counterpois against the barons, whose power he desired to reduce; and he even extended its autho rity beyond those parts to which it had till that time been restricted. On one occasion

the Hermandad furnished that prince with 10,000 beasts of burthen, together with 8,000 men to conduct them. It has still an existence in Spain, for purposes of police. but when this institution is compared with that of the English posse comitatus, which was coeval with the constitution, and there fore an elder brother to the feudal system; and which, under the organization of Alfred, became the most perfect system of police the world ever experienced, while soc! not only consistent with, but the very of political liberty ;-when, I say, the Spa

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nish Hermandad is compared with the English posse, it is too defective to serve as any model for the present day; whereas that ancient institution of our own country wants only to be revived and cherished as it deserves to be, to constitute the most per fect defence of which a nation can by any possibility be capable; for, it is to be remembered, that it does not exclude the employment of any number of regular troops which exigencies may require, and it is capable of furnishing every other species of martial force that can be wanting, and under such discipline as the safety of the state may render necessary; and notwithstanding the neglect it experiences, because of its perfect congeniality with national liberty. those by whom it is understood, know it to be the only system which, in the day of trial, can put at the disposal of the government the entire strength of the nation; and with such admirable effect and precision, as to bring into action, for the public defence, every particle of the physical strength of its population, with perfect order and regularity.

Now, Sir, with regard to a future representation of Spain in a Cortes, it is certain, that although she may look back to periods. of freedom with instruction as well as with repride, she has many reasons for not binding herself down to any precise precedent in her ancient practice; for, prior to the ra when her political liberties were overturned, 200 there had been no general Cortes for all Spain, and there were material diversities in the laws of the several kingdoms of which Spain is at this time composed. Down to that æra likewise, representation had been in use among the northern nations, which bore down the Roman empire, rather as an indisputable right, than as a system of refined policy; rather as that which they felt to be necessary to liberty, than that of which they had studied the nature as a science. It is not therefore to be wondered at, that in 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 consequente 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 an instrument of mischief in the hand 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

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 form; and proceeded to elect two other deputies, whom they em powered and instructed to repair to Compostella, in Galicia, to protest against a Cortes for Castile being there held, ass 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. Fio◄ bertson. remain, Sir, &c. Enfield, J. CARTWRIght. 27th Sept. 1809.

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 L 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 his 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 denarcation between the two armies: Torres Vedras shall not 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 shall be fro.n Leijato 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 convey td to France, with arms and baggage, a pl their private property of every descrip im, no part of which shall be wrested from

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