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in the Ægis, let it be observed that were it permanent, then hereditary power, that ty: possible in Spain to arm even a greater pro- ranny by degrees gets established. portion of men than would be armed in Eng. The warlike ancestors of the modern Euland on restoring the proper English militia, ropeans, not scientifically understanding the or posse comitatus, il ought to be done. value of their own customs and institutions, Sove, and especially those who desire to see were gradually robbed of them, one by one, the arms of a state monopolized by a govern. by men who, instead of the thrones they ment, ałct to see danger to the public ascended, ought, for the most part, to have peace in a nation's being armed in tranquil been elevated on gibbets. The martial geunes. Now these sagacious persons should nius of the governments spoken of, very earbe called upon to say, irhat ought to be done | ly degenerated in all parts of the continent for securing the public peace, provided no into a feudal system ; while for a few ages weapons of any kind had ever been invented. this curse was warded off from England by If, in consequence of weapons being known the unrivalled institutions of Alfred. His to mankind, a mon poly of them in the intuitive genius fully comprehending the exhands of a govern:nen: onght to be establish- cellence of the simple constitution of the ed, and it were 6 that 49 men of every 50, Saxons, and his exalted virtue disposing him or 99 ofercry 100 should be disarmed; then to per petuate it, he was to the end of his it must follow, that if no kind of weapon life indefatigable in his endeavours thereto, had ever been invented, a like proportion, His organization, for police and defence, of that is, 49 in every 50, or 99 in every 100, all men from 15 to 60 years of age, as a ought, in some way or other, to be crippled, militia (afterwards called posse conatus), or, at least, denied the use of a limb, by as well as his exertions for perfecting the adamputatiog a leg or an arm, to render them ministration of justice, and preserving in þarmless. If Spain is to be with a high full purity the trial by jury, would alone band defended, and Europe delivered, such have immortalized his memory; which, absurdities ought to be treated with scorn, however, is endeared to us by every oiher and liberty and arms every where preached. excellence that could enter into the compoRightly vinderstood, they are the political sition of a man or a king. As we almost christianity by which alone nations can be miraculous change, from ruin, anarchy and politically saved.
horrors, of every kind, to prosperity, order We haye only to go back to the times and happiness, which he effected, has placed when the Saxoos, Goihs, and Vandals, es- bim above all other legislators; and as the tablished themselves in England and in liberties he aimed to preserve were common Spain, to understand the simplicity of their to the Goths aud Vandals who settled in system, and the perfect freedom of their Spain, as well as to our Saxon ancestors, the government. “ They followed the chief- Spanish junta cannot do better than to follow tain who led them forth in quest of new such an example, while endeavouring id rosettlements, not by constraint, but from store the prosperity of their country. choice; not as soldiers whom he could order With respect to her future legislature, in to march, but as volunteers who offered to which Spain, independent of the inherent accompany him. They considered their right to freedom which is common to all conquests as a common property, in which mer, inherits constitutional principles simiall had a title to share, as all had contributed lar to our own, the same simplicity, if she to acquire them." * A whole nation, in its would preserve her future government from emigration, was an army; in its settlement, corruption, and perpetuate as well her lia militia. It originally elected all its magis- / berties as her martial renown, as respects a trates, not excepting the king. I cite not proper militia, ought to be strictly observed, these things to prove a right to liberty, for in the coostitution of her legislature. Justhat right is inherent in man; but to shew tice requires that representation shall have the simple means of its preservation. In a all practical equality. The independence of nation which is at the same time a rightly or- representatives depends upon the freedom ganized militia, there can be no tyranny. and purity of elections. To these ends, each It is only as a people depart from the simpli- elective body ought to be aunierous, and the city of nature, as they relax in attention delegated power of short duration. To these to essentials, as they allow the eloquence securities, in my own judgment, it would be of the ambitious to lay asleep their own com- advantageous to add tie ballot. I am aware mon sense, and as false brethren, availing of the common objections, which I allow to themselves of circumstances, first steal into be weighty; but I think they are outweigh
ed by the arguments on the other side. * Rob. Hist. Ch. V, 1. 12,
Having proyed that, in strictness of speechi,
the only proper sovereignty of a state is in nifested their wisdom as well as their virtue, the people, although, except in elections in having in effect sworn, as I remarked, and on extraordinary occasions, it is gnies- | ailegiance to the liberties of their country. cent, we are here more particularly called It will also follow that here also onghi preupon to support this doctrine, as well as to eminently to attach the pains and penalties shew a most important principle thence re- against HIGH TREASON. " Treason," sulting. Feeling, as I have elsewhere re
at first concerned matters marked, that a people free and not sovereign “ acted against the NATION; afterwards is a contradiction in terms, let it be asked, “ it reached to inatters acted against the how it has happened that any free nation king ; now it reacheth even to the wory could ever lose sight of a principle so clear, thoughts and imaginations of the heart. as that of its own sovereignty? - In the pure Now, the people's sovereignty has two kinds democracies, as Athens for instance, where of ordinary exercise, representative and per. the people in their own persons made the sonal ; that is to say, in legislatiou and all laws, the principle never could for a mo- other parliamentary proceedings the people ment be doubted. Are the English, then, act by their representatives, as an individual (supposing them in the full enjoyment of acts through his attorney or his steward; their constitution) less free than the Atheni- but in the election of those representatives ans, merely because, by reason of the extent their sovereignty is personally exercised, of their country, they make laws, 1100 in And as a nation's sovereig ty and liberty are person, but by deputation ? This, howe. | inseparable, even iu idea, it is evident that, ver, bas been the principal circumstance whether we contemplate an attempt to de which has brought the people's sovereignty stroy one or the other, we must pronounce into doubt. That doubt was of course strength-it, in the words of Lord Chief Justice Eyre
, ened by the powers of the first magistrate in 1794, “the greatest of all treasona for carıying all law into execution being visi- This sentiment was strongly felt by the bat ble to the vulgar eye, and, in our own country, junta of Spain, in their struggle agaize the false notion of a proper sovereignty re- Charles V, near three centuries ago, vi siding in the person of the chief magistrate, they made it an article in their celcome! was but too prevalent, in consequence of the Remonstrance, quoted in my last letter ( successful usurpations and the tyrannical pre. | gister Oct. 1) * that no member of the tensions of our Norman kings, and the servile Cortes shall receive an office or pension from gabble of lawyers who affected to derive not the king, either for himself or for any of only all properly, but human rights of every his family, under pain of death, and conkind from the throne as the sole fountain; a fiscation of his goods;" for such conduct conceit as absurd as it is detestable, I am in a representative of the people they plain aware, Sir, of the cavils which special considered as rank treason. And this in pleading adversaries of our liberties may principle is closely allied to the law of Athens start against the doctrine of a proper sove- meniioned by Blackstone (I. 171) wio says: 'Frigoly being inherent in the people, be- “ In a democracy there can be do exercie cause of the share in making of our laws, of sovereignty but by suffrage, which is ibe which is enjoved by the peers and the king; declaration of the people's will. In all de and shall not stop 10 say more than a lew mocracies therefore it is of the utmost im.
words in answer to this supposed objection. poriance to regulate by whom, and in wba! · The peers, I presume, are a part of the na- manner, the suffrages are to be given. And tion, subject to the same general laws, and the Athenians were so justly jealous of ibis partaking of the same common liberties; prerogative, that a stranger, who interfered the king himself is likewise subject to the in the assemblies of the people, was punish: law; and the share he holds in the govern - ed by their laws with deaih; because such ment is the creature of the law. The ex
was esteemed guiliy of HIGH ception, therefore, if there be one, is too TREASON, by usurping those rights of soin significant to affect the great principle vereignty, to which he had no title. In Eus laid
down. As to precedents ; all precedents land, where the people do not debate in a cola against the principles of justice and reason, Jective body but by representation, the or the rights of nature, are to be held in exercise of this sovereignty consists in the abhorrence or contempt, as their wickedness choice of representatives." The learned or their folly shall most predominate.
commentator is not here so correct as It, then, the proper sovereignty of every for the people, who, he grants, debate by reprises free state be necessarily inherent in the peo- sentation, and who of course make lair's by ple, it will follow that the Spanish junta representation, which is indisputably have been perfectly correct, and have ma- of sovereignty, are not in this passage
therein considered as exercising their cove- “ the same person, or in the same body of reignty : which he seems to confine to mere " magistrates, there can be no liberty," * election ; wbereas ihe exercise of that so. But he afterwards maintains, not altovereignty is of two kinds, as already no- gether . consistently with this apborism, tice 1.
" that the executiie power ought ó bave a One of the main causes of confusion in “ share in the legislature by the power of our ideas of sovereignty has arisen from an “ rejecting." Biit as he wrote under an ab-q. English chief magistrate having a share in lute monarchy which he wished to ameliolegislation; whereas it by no means follows, rate, and probably thought a panegyric on that he who is appointed to execute the the government of England was going as far laws shall have any share in the making of as was prudent; and as in this excepuon to them. According to my recollection, these his own general rule the people of English functions are kept perfectly separate in the America, when they separated from the paAmerican States, whether viewed separate- rent state, did not think proper to follow ly or in union.
him, it remains for the Spanish patriots to l'his will probably be a serious question decide for themselves. with the Spanish junta. Although they It is also become a maxim, that the perhave not, indeed, in their oath used the son of the executive magistrate shall be inword liberty, yet the least enlightened of violable: but, unless it be accompathat assembly must know, that without li- nied with all the advantages of a true resberty the nation cannot enjoy its.“ rights," ponsibility in the ministers of such magisthe preservation of which they have sworn trate, the people do not receive their equiva'to promote; neither without liberty, as lent for granting this extraordinary privilege, equally evident, can “ the general welfare the contract is broken, and it is then a maxim and happiness of the kingdom" be promot- of absurdity, and full of mischief. When ed, and it makes part also of their oath to ministerial responsibility is not practically
promote every thing conducive" to those / experienced and certain, the inviolability of ends. Whatever modifications or limita- the magistrate becomes a snare to his innotions, therefore, of the executive authority cence, tempting him to all sorts of chicane they shall believe to be for the public good, and corruption for onduly infinencing the they are indeed bound by their oath to legislature, and for making the pretended adopt; and when we consider the person responsibility of his minister a subject of and the family to whom they have pledged his and their derision. This once accomthemselves to adhere, and that, to say no- plished, then, under forms the most sacred thing of the despised Charles, Ferdinand to freedom, a despotism the most absolute and the two nest in succession are in a cap. may be rivetted on the necks of a people. tivity, from which they can never hope to It is to be hoped, therefore, the Spanislı resee them released, we must suppose their formers will exert their utmost vigilance to choice to have been influenced, not by any prevent so dreadful an evil, and prove to the want they had of their abilities, or their work that they know how to encounter corvirtues ; not by any necessity for hastily fil- rupt influence as well as arbitrary prerogative. ling a vacant throne; but as in fact a matter An inviolable personage and one who is inof no other importance than its merely fal. capable of a public act beyond the appointJing in with the ignorant prejudices of the ment of his ministers who are to be the real multitude, who are not enlightened on the responsible parties, is in a mysterious cunsiibject of civil liberty or in the science of dition which puts one in mind of the Grand government.
Lama of Thibet, and seems indeed borderThey know that, for the preservation of ing upon the state of an imaginary being. liberty, it is necessary that even the most If the Spaniards shall act upon these ideas, limited king shall be incapable of acting by and if their securities for a practice correshis own will, or otherwise than through mi. pondent to such a theory can be rendered nisters who are to be responsible for effectual, then indeed. whether a king of eacl of his political acts, except merely Spain shall be on a throne at Madrid, or the choice of those agents ; for, as it has captive in a French casile, will, as to affairs been said before, it is not at all neces. in Spain, make no essential difference. A sary that he should have any share in legi-la-council or junta of men who are to be reso tion; and perhaps the better opinion is, that ponsible for their own advice and their own in his person the two powers of making the acts as execir'ive ministers, may serve the law and executing the law should never meet. turn; especially if a regent he placed at Moniesquien declares that " when the legis“ lative and executive powers are united in * Spirit of Laws, , 11. 6. 6.
their head, for baving a leading direction in have at all times an able deputy to an hetediaffairs of state, and with authority of ap- tary chief magistrate, chosen for a cogvenipointment and dismission, for keeping such ent term of years by the legislature, somecouncil to their duty.
what in the same manner as a president is If, in the present state of things, the su- elected by the federal legislature of America. preme junta should, in the first instance, ap While there should be no king, or during a point such a council, to consist of as many king's illness, or minority, or infirmity of members as there are departments of state, any kind, the recent could entirely supply and elect a regent, to hold his office until his place; or if a king were present and cahe might be confirmed or superseded by a pable of appearing, to him might be resigned national legislature ; and should themselves the throne, the canopy, the regalia of every exercise in the interim all the functions of kind, with all the pride, pomp, and cirsuch legislature, the happiest results inight cumstance of royalty, while in the performbe expected. But ought a regent bimself, ance of all acts of state, he should be atwho is to represent an absent king, to be in tended by his deputy, who should not only his person, like the king he represents, in. be the mouth-piece of his royal principal
, violable and unresponsible? Here is another but with responsibility. What ihe incordelicate and perhaps difficult question. For veniences of such a practice might be, I do overcoming this and all such difficulties, it not foresee ; but various advantages are obis to be hoped the junta will begin their great vious. The defective education of herediwork at the right end, and proceed accor- tary princes, their vices or imbecilities won!d ding to the order of nature, doing completely no longer, as it should seem, affect the des. what they do at all. Let them in the first tiny of nations, or entail on them the greatest instance organize a perfect militia. Then calamities. In respect of talents and virtues, let them constitute a legislature on a model for beneficial government, the probability dictated by the principles of liberty. In or- would dering the elections of the people, they will be found in a regent so to be elected, than i then find the previous organization of the one born to a throne. The arguments agaia militia and the enrolments of the people to elective kings I know would be appie that end, if well contrived, of incalculable against such an elective regent; but nse towards a free choice of representatives, the objectors should shew me in the force and attended with such dispatch and perfec- constitution of Poland, or any other elecom tion, that the elections throughout all Spain monarchy, the same securities for a peaceti may be completed at any time in six hours election, where real freedom was enjoyed, · or less. Let them but carry into execution and where real merit'was sure of a prefer
. these fundamentals, and with the necessary exce, as I shall be able to shew would le d? foresight for the permanence of their work; cuse in the election now proposed, I shal then all difficulties touching an executive continue to think the suggestion deserves the power will vanish, and they may easily make serious consideration of the Spanish junta ; their kings inoffensive while they make in- who now have to act for a nation that has violable, conditions which doubtless ought to groaned under three centuries of bereduary go hand in hand.
despotisni. And not withstanding, Sir, your But it may be worth their while to consi. objections to Mr. Jefferson, I must needs der, whether a regency may not be now so think that the usual declamation against elecmodelled, as to make with advantage a per- tive kingdoms has lost much of its force
, manent part of executive government, even since the sovereign of so great a country as when they may see a king of “ the reigning North America has now so peaceably, and, “ family" again seated on the throne ; an upon the whole, so very beneficially, for ovent apparently at a considerable distance.
above thirty years, been raised to supreme • The great, when placed in dignified and lu
power by the suffrages of the people be wa crative offices of any kind, are generally con- to govern , under a system which seems to tent with the trappings and the emoluments, exclude the possibility of placing the reins while the real duties are done by their depu- of government in the hands of a man with
, ties. Even kings are very subject thus to out experience, an honourable character, and administer a government in the person of the reputation of ability. favourite ; and with this disadvantage, that
I am Sir, your obedient servant, : the depuiy is not always selected for bis bo
nesty or fitness to govern. Possibly, there- Enfield, Oct. 18, 1808. fore, when the fundamentals of the state
should have been taken care of as suggested, EXPOSITION OF THE PRACTICES ANA MA - it might prove po inconvenient practice, to
CHINATIONS WHICH LAD TO THE OSVR
PATION OF THB CROWN OP SPAIN, AND spontaneous will, and that you had before THE MBANS ADOPTED BY THE ENPEROR determined upon it. You yourself told it to OF THE FRENCH TO CARRY IT INTO EX- your beloved brother, adding, at the same ECUTION : BY DON PEDRO CEVALLOS, time, that the signature which your majesty TIRST SECRETARY OF STATE AND DIS had put to the decree of abdication, was the PATCHES TO HIS CATHOLIC MAJESTY, happiest transaction of your life ; and finalFERDINAND VII. (Continued from p. 672.) ly, your majesty told me personally three Will your majesty permit me to remind you, days afterwards, that I should pay no atten. that no alarm need have been given by troops tion to any assertion of the abdication being entering as friends and allies, but on the con. involuntary, inasmuch as it was, in every trary, that it ought to inspire additional respect, free and spontaneous.—My supconfidence ? Your majesty will likewise posed hatred to France in no respect appermit me to observe, that the orders given peared by my conduct : the contrary will by your majesty, were for a journey with appear by my actions, of which I will give the royal family to Seville, and the troops a rapid narrative.--Your majesty bad scarcewere to keep open that road. There was ly abdicated the crown in my favour, before no person who was not persuaded that this I addressed various letters from Aranjuez to was for the transport of your majesty and the emperor of the French, which are so the royal family to America. Your majesty many proofs that my principles, with respect also published a decree to quiet the minds of to the relations of friendship and strict alyour subjects in this particular ; but as all liance happily subsisting between the two preparations were made, and it was mani- states, were the same that your majesty had festly seen, that the coast of Andalusia was inspired me with, and had yourself inviolato see the royal family assembled, despair bly observed. My journey to Madrid was took possession of the public mind, and the one of the strongest proofs that I could give morement of Aranjuez was the consequence. to his imperial and royal majesty of the unThe part I took in it your majesty knows, limnited confidence I placed in him, since which was no other than by your command, Prince Murat bad entered Madrid the day to go to protect from the fury of the people before with a great part of his army, and the the object of their hatred, because he was city being garrisoned, it was the same as if believed to be the proposer of the journey. I had delivered myself into his hands. -Let your majesty ask the emperor of the During two days of my residence in the French, and his imperial majesty will no capital, I was informed of the particular doubt tell yo:1 what he said to me in a letter correspondence of your majesty with the that he wrote to me at Viitoria, viz. that the emperor of the French, and I found that motive of his imperial and royal majesty your majesty had recently solicited a princess was, to induce your majesty to make some of his family to connect me with it, and to reforms, and to separare, from your person insure more effectually in this way the near the prince of Peace, whose influence was union and alliance which was to subsist bethe cause of every calamity. The universal tween the two states. Accommodating mysatisfaction that his arrest produced through self entirely to these principles, and to the out the whole nation, is an evident proof of wish of your majesty, I wrote a letter to the truth of what the emperor declared. As your majesty, requesting the princess. in to the rest, your majesty is the best witness marriage.--I sent á-deputation to Bayonne that in the midst of the commotion at Aran- to compliment, in my name, bis imperial: juez, not a word was whispered against and royal majesty. A short time afterwards, your majesty, nor against the person of any I induced my beloved brother, the Infant: ane of the royal family ; on the contrary, Don Carlos, to set off, that he might pay. they applauded your majesty with the great his respects to the emperor on the frontiers. est demonstrations of joy, and professions Not content with this, I myself left Madrid, of fidelity to your august person. On this on the faith of the assurances given me by account, the abdication of the throne which the ambassador of his imperial majesty, the you made in my favour, surprized every grand duke of Berg, and general Savary, body, and myself among the rest ;
who had just arrived from Paris, and who body expected it, or would have solicited it. intreated an audience to tell me on the part Your majesty yourself communicated your of the emperor, that his imperial majesty abdication to all your ministers, enjoining only expected of me to follow the system them to acknowledge me as their natural with regard to France which your, majesty lord and sovereign. You communicated it, adopted; in which case, the emperor would verbally to the diplomatic body, professing | acknowledge me as king of Spain and all laat your determination proceeded from your the rest would be forgotten.-Fall of Fame