Page images
PDF
EPUB

pointed, which should examine into, and propose to the Cortes, the measures which might be taken to obtain a speedy and impartial administration of justice; and almost all voted for the commission. It was also agreed, that the regency should remit all the documents and papers relative to the Cortes.

A commission of the public revenue was also insisted on; and was, in point of fact, agreed to; but the persons who were to form it were not named; be

cause it was alleged the necessity of having some time, in order that the appointment should be more accurately made; and the sitting was thus closed at about two o'clock.

ACTS OF CORTES.

Don Ferdinand VII. by the grace of God, King of Spain and of the Indies, and in his absence and captivity the council of regency, authorised ad interim, to all whom these presents come :--Know ye, That in the general and extraordinary Cortes, assembled in the royal isle of Leon, it is resolved and decreed as follows. "The deputies who compose this congress, and who represent the Spanish nation, declare themselves legitimately constituted in general and extraordinary Cortes, and that in them resides the national sovereignty. "The general and extraordinary Cortes of the Spanish nation, assembled in the royal isle of Leon, conforming wholly to the general will, pronounced in the most energetic and public manner, acknowledge, swear, and ploclaim anew, as their only and legitimate sovereign, Senor Don Ferdinand VII. of Bourbon: and declare null, of no value or effect, the cession of the crown said to be made in favour of Napoleon, not only on account of the violence which attended those unjust and illegal acts, but principally on account of their wanting the consent of the nation.

"It not being suitable that the legislative power, the executive and judicial, should be united; the general and extraordinary Cortes de,

[ocr errors]

clare that they reserve to themselves the exercise of the legislative power in all its extent.

"The general and extraordinary Cortes declare, that the person to whom they delegate the executive power, in the absence of our legiti mate King and Lord Don Ferdinand VII. are responsible to the nation during the time of their administra tion, conformably to the laws.

"The general and extraordinary Cortes authorise the individuals of the council of regency, that they, under that same denomination, in the mean time, and until the Cortes choose a government more suitable, exercise the executive power.

"The council of regency, acting under this authorization, declared anteriorly, shall acknowledge the national sovereignty of the Cortes, and shall swear obedience to the laws and decrees which emanate from them; for which purpose, it shall pass immediately, when this decree is made known to it, to the hall of the sittings of the Cortes, who wait for its performing this act, and are in permanent sitting.

"It is declared, that the formula of the acknowledgement and oath, to be taken by the council of regency, is as follows:

Do you acknowledge the sovereignty of the nation represented by the deputies of this general and extraordinary Cortes? Do you swear to obey their decrees, laws, and the constitution to be established according to the sacred ends for which they are united, and to order them to be observed, and to make them be executed?-to preserve the independence, the liberty, and integrity of the nation?-the catholic apostolic Roman religion?-the monarchical government of the kingdom?—to reestablish on the throne our beloved King Don Ferdinand VII. of Bourbon?—and to act in every thing for the good of the state?-According as you act thus, may God assist

you! but if otherwise you shall be responsible to the nation conformably to the laws.'

"The general and extraordinary Cortes appoint, for the present, that all the tribunals and courts of justice established in the kingdom do continue administering justice according to the laws.

"The general and extraordinary Cortes confirm, for the present, all the civil and military authorities, of whatever class they may be.

"The general and extraordinary Cortes declare, that the persons of the deputies are inviolable, and that no action can be brought by any anthority, or any individual, against the deputies, except in the terms which shall be laid down in the ge neral regulation about to be formed, and for which purpose a committee shall be appointed.

"The council of regency shall be made acquainted with this, and shall forthwith pass to the hall of the sittings of the Cortes, to take the oath pointed out; deferring the publication and circulation of this decree in the kingdom, till the Cortes point out how it is to be done, which shall be declared with all expedition.

"R. L. DE DOU, President. "E. P. DE CASTRO, Sec." Royal Isle of Leon, Sept. 24, 1810, at 11 o'clock at night.

By a second decree, dated the 25th. of September, the Cortes are to be addressed by the title of Majesty; and the executive power by that of highness.-The publication of the laws which emanate from the Cortes is to be made in the following

manner :

"Don Ferdinand VII. by the grace of God, King of Spain and the Indies, and in his adsence and captivity the council of regency, authorised ad interim, to all whom these presents come: know ye, that in the general and extraordinary Cortes assembled in the royal isle of Leon, it

has been resolved and decreed as follows, &c."

The same decree requires all civil, military, and ecclesiastical authorities, to acknowledge and take the oath of obedience to the general Cortes of the nation.

Memorial addressed by the Council of Regency to the general and extraordinary Cortes, and the Royal Decree, in answer.

"SENOR,

"The council of regeucy desires nothing with so much ardor as to convince it feels for the laws, and of its proper the nation of the profound respect which performance of the arduous functions which have been committed to its charge. Guided by this principle, which shall always be the rule of its conduct, it hesitates not a moment to take the

oath of obedience to the laws and decrees which emanate from the Cortes, agreeable to the copy of the decree which your Majesty addressed to the council by a deputation.

"In that same decree, by which your Majesty reserved to yourself the exercise of the legislative power in all its extent, it was appointed that the council until the Cortes elect a government of regency should, in the mean time, and which may be more suitable, exercise the executive power, under responsibility to the nation, conformably to the laws. The council of regency cannot stir a single step in the difficult career of the authority entrusted to it without knowing before-hand the precise limits of the responsibility to which that decree subjects them; for how can they regu late themselves by it, if they know neither its latitude nor the boundaries by which it is circumscribed? If it be not clearly and distinctly pointed out, what are the obligations of the executive powconceded to it? Without this clear and er, and what are the powers that are precise distinction, the responsibility expressed in the decrce will remain without effect; for the line of separation be tween both powers, not being fixed by our ancient laws, nor the powers peculiar to each, the council of regency will find itself between two extremes, in danger of stumbling upon either, notwithstanding all it may do to avoid it; either at one time exercising an authori

ty, which may, in the opinion of the Cortes, not be comprehended in the attributes of the executive, or omitting at another time, from the same respect for the laws, to use those powers which are Decessarily included in the idea of the executive government, and the free and expeditious exercise of which is at present rendered more necessary than ever by the circumstances of the state. In proportion as these circumstances imperiously demand that there be a rapid and continued communication between the two authorities, in order that they may contribute, by their combined efforts, to the salvation of the country, so it must be of the greatest importance that the mode of pursuing that object be fixed and established by a decree.

"The council of regency awaits, therefore, your Majesty's declaration; first, what are the obligations annexed to the responsibility imposed by the said decree, and what are the distinctive powers which are entrusted to the executive; secondly, what rule or order is to be followed in the communications which must necessarily and continually take place between your Majesty and the council of regency.

"FRANCISCO DE SAAVEDRA. "XAVIER DE CASTANOS. "ANTONIO DE ESCANO. "M. DE LARDIZABAL YURIBE. "Royal Isle of Leon, Sept. 26."

"The general and extraordinary Cortes declare, that in the decree of the 24th of September of this year, limits have not been fixed to the powers which are proper to the executive, and that till a regulation be formed by the Cortes which may mark them out, it do exercise all that power which may be necessary for the defence, security, and administration of the state in the present critical circumstances; and also that the responsibility which the council of regency requires, exclude only the absolute inviolability which belongs to the sacred person of the King. With regard to the mode of communication between the council of regency and the Cortes, till these shall establish a more convenient one, the mode now adopted shall be followed. This

[ocr errors][merged small][merged small][merged small]

Decree against accepting of Places and Pensions.

Sept. 30.
In the sitting of the Cortes of this day,
it has been resolved; that none of their
deputies, whether those now attending,
or those that may hereafter be admitted
mitted during the period of their exer-
to complete their number, shall be per-
cising those functions, and for a year af-
selves, or to solicit for any other person
terwards, to solicit or accept for them-
whomsoever, any pension, favour, or re-
ward, or any honour or distinction what-
ever, from the interim executive power,
nor from any other government that may
hereafter be appointed under any desig-
nation whatsoever. From this regulation,
however, it is understood, that those
persons be exempted, who, from rank
or age, are accustomed to succeed. ac-
cording to the rules, or statutes, which
are observed in military, ecclesiastic,
and civil bodies; and, at the same time,
suc cases as may occur, in which ex-
traordinary and professedly superior ser-
vices performed in behalf of the King
and the country, may deserve, in the
opinion of the Cortes themselves, a re-
direct us to communicate this to your
ward also extraordinary. The Cortes
excellency, that the council of regency,
receiving the information, may take such
measures with respect to the public of
fices, as to carry the resolution into its
full effect.-God preserve your excel-
lency many years.

E. P. DE CASTRO, President.
M. LUXAN, Secretary.

SPANISH AMERICA.

REVOLUTION IN BUENOS AYRES.

On the 22d of May, the Cabildo of Buenos Ayres, with the consent

of the Viceroy, held a general meeting of the inhabitants, to deliberate upon the proceedings to be adopted In consequence of the melancholy accounts just received from the mother country. The result of their deliberations was, that the superior government of the province, previously exercised by his excellency D. Baltasar Hidalco de Cisneros, should be transferred to the Cabildo, until the appointment of a provisional superior junta, which latter body should carry on the government according to law, and in the name of Ferdinand VII. until a general congress could be convoked of deputies from all the provinces in the viceroyalty, for the establishment of such form of government as might be deemed most convenient.

On the 24th, the Cabildo issued a proclamation, constituting a certain number of persons a superior junta, and notifying their appointment to the people. A considerable body of the most respectable of the inhabitants, including the commandants and officers of the volunteer corps, expressed themselves dissatisfied with the election made by the Cabildo. The consequence was, that the proclamation of the 24th was revoked, and a general meeting of the inhabitants was held on the 25th, in front of the town-house, to receive a fresh list of members.

The Cabildo, after some deliberation, made their appearance in the balcony of the town house, and proposed to the people that the provisional superior junta should consist of D. Cornelio Saavedra, as president, and military commandant general; Dr. D. Juan Jose Castelli, Dr. D. Manuel Belgrano, D. Miguel Azcuenaga, D. D. Manuel Alverti, D. Domingo Mateu, and D. Juan Larrea, as ordinary members; and Doctors D. Juan Jose Passa, and D. Mariano Moreno, as secretaries.— The people, upon the proposition of

the Cabildo, agreed upon the following articles:-

1. That a new junta of government be appointed, to consist of the names in the list then read, and to exercise the powers of government until the establishment of a general junta for the viceroyalty.

2. That the said persons forthwith present themselves in the town-house, and take an oath well and faithfully to discharge their functions, punctually to observe the laws of the kingdom, and to maintain the integrity of that part of the dominions of America in favour of their beloved sovereign Ferdinand VII.

3. That upon taking the said oaths, they be instantly recognized, and universally obeyed as the depositories of the superior authority, until the meeting of the general junta, under the usual pains and penalties.

4. That they appoint to all offices vacant by resignation, death, absence, sickness, or removal.

5. That the people reserve a right of superintending their proceedings, and, in case of failure in the discharge of their duties, of proceeding to their deposition, for which sole purpose the Cabildo shall power conferred on it by the

resume the

people.

6. That the junta are responsible for the preservation of the public peace and good order.

7. That the junta shall exercise no act of judicial power, but that the same remain vested in the royal audience, with regard to all processes to which the government is not a part.

8. That the junta on the first day of every month, publish a detailed statement of the administration of the royal

[blocks in formation]

10. That the junta forthwith send circular orders to the magistrates in the interior to assemble the most respectable and soundest part of the inhabitants in their respective jurisdictions for the election of deputies, who are to repair without delay to Buenos Ayres, to consult about a suitable form of government.

11. That the representatives be provided with full powers, signed by the electors and magistrates of the different

[ocr errors]

means and powers; and be it your solicitude to cherish the strictest union, and a reciprocal concord in the effusions of affection. Extend to all the provinces within our jurisdiction, and, if possible,

cities and towns, to be produced on their arrival in the capital; which instruments shall contain a solemn engagement to recognize no other for their sovereigns than Ferdinand VII. and his lawful successors, and to obey such go-to the ends of the earth, the persuasive vernment as shall lawfully represent the

same.

In addition to the above articles, it was understood between the Cabildo and the people, that the junta should have in readiness, within a fortnight, a force of 500 men, to proceed into the interior; the expence of the levy and expedition to be defrayed by the salaries of D. B. H. De Cisneros, and such public boards as the junta might think fit to reduce; care, however, being had,' at the express desire of the people, that none of the said officers should be wholly unprovided for.

[ocr errors]

1

The members of the new govern ment entered upon office on the 26th of May, and announced their installation to the inhabitants by the following

PROCLAMATION.

The provisional governing Junta of the capital of the Rio de la Plata to the inhabitants thereof, and to the Provinces within its jurisdiction.

You have now established that au

thority which removes the uncertainty of opinion and calms every apprehension. General acclamations manifest your decided pleasure, which alone could overcome our timidity, to take upon ourselves the serious charge to which the honour of your election subjects us. Fix then your confidence in us, and rest assured of our intentions.

A sincere disposition, an active zeal, a lively and assidious vigilance to provide, by all possible means, for the conservation of our holy religion, the observance of the laws which govern us, the common prosperity, and the main tenance of these possessions in a state of the most constant fidelity, and attachment to our greatly beloved King and Lord D. Ferdinand VII. and his lawful successors to the crown of Spain-are not these your sentiments? The same are the great objects of our efforts. Rely upon our vigilance and activity. Leave to our care every thing connected with the public cause, that depends upon our

VOL. VILL.

influence of the example of your cordiality, and of the genuine interest,: with which one and all of us should cooperate in the consolidation of this important work. This would establish, on the most solid foundation, the general tranquillity and happiness, the objects of

all our wishes.

Royal Fortress of Buenos Ayres,
May 26, 1810.

CORNELIO DE SAAVEDRA, &c. The same day the junta issued a proclamation for forming of the infantry, already in arms, into re giments of 1116 effectives each, and making an additional levy throughout the provinces. They lay down' the principle that every inhabitant is a soldier, but remarking that the public safety requires that there should be a permanent regular force, consisting of such as can best be spared for that service; they limit the levy in the present instance to all persons between eighteen and forty years of age, without any visi-.

ble means of livelihood, or unemployed in the public service, or the exercise of any mechanic art, trade, or profession. They inform the people that they have taken measures to procure a supply of arms adequate to the increase of their force.

"The nations of the old world," observes the proclamation in question, "never witnessed a spectacle so affecting as that which we have exhibited. When your spirit was supposed to be completely exhausted by the affliction you were plunged into by the melancholy 'situation of the Peninsula, you, by an heroic effort resolved to avenge so many misfortunes, and to teach the general oppressor of Europe that the American character opposes to his ambition a still stronger barrier than the immense ocean which has hitherto set bounds to his enteprizes."

Br

« PreviousContinue »