the monarchial government of the kingdom to re-establish on his throne our beloved Ferdinand VII. of Bourbon; and to consider in every thing the good of the state: if you so act, may God help you, and, if not, you shall be responsible to the nation according to the laws."

It was resolved to intimate to the regency the wishes of the Cortes, that their acts should be regularly published in a Gazette.

October 7.

Meria proposed some commercial regulations to be submitted to the junta, in which two members from that of Cadiz and an equal number of Americans should be incorporated; the congress granted a commission to this effect; comprising also agriculture, arts and mines, but omitted the circumstances of the proposal.

Herrera complained of the violation of secrecy observed respecting the letters which were issued at the post-office.

Huerta exclaimed against this proceeding, and maintained this to be the worst period to adopt such a measure, when the provinces must necessarily communicate subjects of importance to their deputies, which it was highly proper should be kept from the executive power. The public retired at one, and the debates were privately continued till four o'clock.

October 8.

On this day several memorials were read respecting various branches of the revenue; and a project presented by Arguelles, respecting the liberty of the press, being the fruit of the labours of the commission charged with the same.-Nothing was ultimately decided, but the nation may flatter itself; because the opinion of all illustrious men will be heard. It is indeed a reflection on the human mind that there should be any one daring enough to write against the liberty of the press; to

such an individual only it ought not to be free.-The answer from the executive power to the question proposed by the Cortes, respecting the order mentioned by Oliveros, in the 5th day's sitting, was read. The regency has never forbidden any discussion on the Cortes, and the only thing it may charge its agents and ministers with is to watch over their calumniators.

October 9.

The Cardinal de Bourbon took the oath, after which the president addressed him in the following terms: -"The blood which flows through

your veins, as well as that purple, recommends you to this assembly." --A secretary board, consisting of five members, was instituted, for which employment officers of the army, who are unable to undergo the fatigues of a campaign, are to be preferred. Three deputies were also named to investigate and report the merits of the candidates.-The president mentioned his having received several anonymous communications, complaining of the slowness in the operations of the Cortes. He ordered the public to withdraw at twelve o'clock, and the sitting was continued until three.

October 10.

A deputy for La Mancha took the oaths in the usual form. Perez de Castro made mention of a plan both defensive and offensive for this Isle, presented by General Galuzzo; and of another with regard to the cavalry, by the Marquis del Palacio ; both were sent to the commission of war to be examined. There was also read a circular letter from Senor Llorente, Inspector General of the Public Health, with regard to its present state. It declared that the number of sick persons was very small; and in order to calm the fears to which several unfounded reports had given rise, it added, the number of infectious disorders was unusually small.

October 13. Oliveros, one of the most zealous members of the august congress, and deputy for Estremadura, read a memorial, in which he painted, in the most lively colours, the disorders in which the French leave those districts which they abandon, the numberless evils which their commissaries have caused by their requisitions of men and provisions, the waste of all resources, and the miseries, in particular, of the cultiva tors of the ground, by having to support the enemy's armies and their own; the decline of the manufactures of common cloths, in consequence of the manufactories being stripped of them without payment, in order to clothe the different armies the consequences of all which would be poverty, nakedness, and a general famine, if proper measures were not adopted. He then proposed such measures as appeared to him to be proper, for the purpose of being transmitted to the respective commissioners of war, finance, &c.; concluding with proposing the appointment of a commission for regulating and organizing the provinces, which might guard against evils such as those which they had already suffered, and repair them in the best possible manner. Considering these matters as urgent, and calling for precedency before others-the Cortes passed a decree to, this effect.

October 14.

In a former sitting, Arguelles had produced the plan of a law on the liberty of the press, which comprised, first, the limits of that liberty, and the penalties for trangressors; and secondly, the appointment of a junta of learned men, with the title of Supreme Council Protector of the Liberty of the press, in order to protect it from ministerial despotism, and from tyranny.

It was agreed that this plan should be printed, and copies distributed among all the deputies, in order

that they might consider the subject maturely, and be prepared to dis

cuss it.

This day, the plan being again read, Tenreiro opposed it, alleging, that it was not right to discuss such an important topic without the concurrence of the deputies who were still wanting.-What! (replied another member) without their presence the Cortes were installed; without their presence, the Spanish people recovered their sovereignty, an event which will form an era in our annals; and is it possible, that for an affair not of such importance, we are to wait for a few deputies ?"But the discussion of it was not fixed for to day."-" It was," replied various individuals. This was confirmed by the president. "We do not come prepared," replied another; upon which Luran ascended the tribune, and the plan was read.

Tenreiro rose again; he declaimed against the liberty of the press, and represented it as the origin of the ruin of empires.* Some disapprobation was expressed, but Tenreiro continued to go on, till at last the disapprobation became more marked.

Arguelles then ascended the tribune. He shewed that the want of a free communication of ideas had given arms to the tyrant for our destruction; that the English, aware of the cunning arts of those who meant to oppress them, gave freedom to the pen and liberty to the press; they disentangled and established their principles; they unveiled the plots of their enemies, and refuted their sophisms; their people were instructed, and not left exposed to illusion; by such means they were all united, and rendered themselves invincible. The reverse had been the fate of the Spaniards; de

* The Spanish Editor remarks, "that "the Speaker would not permit him"self to see that this liberty supports. "the Buitish empire."

prived of its free course, knowledge became stagnant, the learned remained dumb, the ignorant were imposed upon; hence divisions, disunion, the ruin of the nation, and the exaltation of the enemy.

Mexia succeeded, and with exquisite erudition and animated eloquence proved, the sacred writings, our venerable religion, history and reason, favoured the liberty of the press.

It was resolved that the discussion should be continued on the following day.

To-day, at ten in the morning, the troops took the oath to the Cortes in the field at Torrealto, in presence of General Lapena. The concourse of people was innumerable, the spectacle very fine, and the enthusiasm of all, both soldiers and peasants, was equal.

October 16.

There was read a decree of the Cortes passed yesterday, on the claims of the Americans; in which it was declared, that the Spanish dominions in both hemispheres form oue sole monarchy, one sole nation, one sole family; and that the native born subjects to the European and ultramarine dominions are equal in rights to those of this Peninsula ; leaving it as the province of the Cortes to discuss all measures relating to the prosperity of those beyond sea, as well as of the form of the national representation and number of its members in both hemispheres; declaring also that, in all those transatlantic provinces where any commotions have taken place, there shall be a general act of ob livion with regard to them, from the moment when the sovereign authority which resides in the mother country is acknowledged.

October 18.

A letter was read, in which the junta of Estramadura felicitated the Cortes, &o.

Various projects and memorials were transmitted to the respective commissions.

The discussion upon the liberty of the press followed. Senor Garcia Herreros was for liberty of the press without any censorship, in imitation of the supreme tribunal, which never took upon itself to censure any book before it was printed.

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Senor Mexia read an article from the Gazette, which mentioned," that Bonaparte had decreed, that there "should be only one newspaper, of "which the Prefect was to be cen"sor." "sor." He added, that the Cortes ought not to wish to resemble Bonaparte.

Senor Arguelles pronounced an culogium on the discourse of Munoz Torrero in a former discussion on this subject, and refuted that of Llaneras. He observed, that the best mode of correcting man was the liberty of the press; and noticed, that during the ministry of Godoy, when there were censors, altars were raised to lasciviousness, &c. He defied any one to say that three agc. of disorder arising from the liberty of the press could produce such great evils as those we have suffered from the want of it.

Llaneras spoke against it, observ ing that it was not the only road by which a nation reached distinction, nor the only means of knowing the public opinion.

Golfin was for the liberty of the press, because he thought it just, useful, and necessary. He combated the opinion of Llaneras, observing, that since the art of printing more publicity had been given to our religion.

Another deputy also spoke in favour of it, observing that all were agreed in substance.

Valcarcel, who also supported this liberty, was for putting it to the vote, "whether the question had been sufficiently discussed ?"

The discussion, however, was continued; and Creus read a plan, in which he proposed that the Cortes should permit political works to be printed without a censor; and at any rate, if there was a censor, that submission to him should be voluntary on the part of the author.

Tenreiro said, that it could not be doubted that this liberty produced illumination; but that also by means of it were introduced a thouerrors. He thought that it would be proper to consult the universities, the bishops, and the holy tribunal, who so much abhorred the French. That in Gallicia and Catalonia this liberty would not be well received; that of the ten millions of inhabitants in Spain, not more than 100,000 were for it; and that thus a bad opinion would be formed of the Cortes. He insisted that errors were introduced like poison, and that the philosophers had filled the world with darkness; that the truly wise were few in number, and had been suffocated by the former; that Spain had arrived at the height of its glory without the liberty of the press; and without it, also, had raised its voice against the oppressor. He repeated what the clergy of France had told their King: that this fatal liberty had introduced into England an infinity of sects, which filled the island and the throne with horrors, and which would one day destroy the constitution of which it boasted, as that of France was lost; that it was much better to be rude and good, than knowing and bad, like the French; that the executive power always had the greatest influence upon the press, even though it was free, so that the press and its liberty would be as the government.

Munoz Torrero observed, that the English held it as a fundamental principle, and a declared right of the nation, to watch over the agents whom it appointed; that this right was exercised through the press, in

such a way, that what is done in parliament being published, the most obscure individual could speak what he thought, and enlighten at the same time the parliament and the nation. Would to God it had never been said from the pulpits, that the Deity had inspired Charles IV. to place power in the hands of Godoy, when he gave him the admiralty, and when the liberty of the press, existed only for such assertions.— He did not speak of learned men only, but of the whole nation, who had a right to declare their opinions. This was not a theory without practice, but was already established by the constitution in England. It was the grossest error, to say, that the whole. nation had not a right to declare its opinions, and yet that its deputies possessed that right; that when Ferdinand arrived, he would possess more force than the executive power; and then, if there was no public opinion, nor the means of establishing it, he might destroy, when he chose, the Cortes of the nation as Godoy had done, because there was no public. opinion, nor the means of freely establishing it. He shewed, that the French bishops did not perform their duties; and among other proofs he mentioned that of seventy of them being present at au entertainment given by the Cande de Aranda. The best and strongest bulwark against vice was the moral and religious education of the citizens. He distinguished the civil and religious toleration of the English from that liberty of the press which he wished to establish. The wise alone did not go to form the public opinion, but the whole of the citizens. These ideas were general in Salamanca, Madrid, Badajoz, and in numerous other places. (Here Montes observed, that in Gallicia the measure would be received with pleasure.) Torrero concluded, observing, that the army were in favour of the liberty of the press; adding, that he

had not deduced his opinion from the rights of man, but from principles which he had weighed.

Arguelles said, that even supposing the opinion of Galicia was against the liberty of the press, and though the Cortes should be deceived in supposing that the general opinion was for it, yet it was indispensable to allow it; for by it alone could the general opinion be ascertained.

Morros observed, that this was an affair of conscience, and ought to be decided by theologians and the holy fathers; that the council of Trent, in its 18th and 19th sessions, pronounced against the liberty of printing even books which treated of politics and the fine arts; that the council of Lateran prohibited every kind of books without a previous revisal; that the Cortes ought not to issue a declaration contrary to so many pious regulations, &c.

Morales replied, that the bull quo. ted by Morros only spoke of the books of heretics known to be such.

Oliveros observed, that the fathers in the first ages of the church, cried out for the liberty of writing, for printing was then unknown; the greatest persecution of the chnren was in the time of Julian, who prohibited all their books.

After several divisions on the subject, the Cortes passed the following

decree.

DECREE RESPECTING THE LIBERTY OF THE PRESS.

The general and extraordinary Cortez, considering that the individual right of citizens to publish their thoughts and political ideas is not only a barrier to the arbitrary power of those who govern, but also the means of eulightening the nation in general, and the only way of arriving at the knowledge of what is truly the public opinion, have decreed as follows:

I. All public bodies and private individuals, of whatever condition or estate they may be, have the liberty of writing, printing, and publishing their political ideas, without the necessity of any li

IV. Defamatory libels, calumnious writings, those subversive of the fundamental laws of the monarchy, those that are licentious and contrary to public decorum and morals, shall be punished by points of law which shall be prescribed for that purpose.

V. The judges and respective tribunals in the investigation, proof, and punishment of offences committed by an abuse of the liberty of the press, shall take care to conduct themselves by what

is laid down in the laws and in this regulation.

VI. All writings on matters of religion remain subject to the previous censorship of the ecclesiastical ordinaries, according to what is laid down by the Council of Trent.

VII. Authors, under which appellation are comprehended the editor, or he who has corrected the original manascript, are not obliged to put their names to the writings which they publish, though they do not cease on this account to remain subject to the same responsibility. It ought, therefore, to be known to the printer, who is the author or editor of the work, otherwise he shall suffer the punishment which would attach to the author or editor, if made known.

VIII. Printers shall be obliged to put their names and qualities, and the place and year of impression on every thing they print, whatever may be its size; it being understood that a falsehood in any of these particulars shall be punished as well as their positive omission.

IX. Authors or editors, who, abusing the liberty of the press, contravene the laws, shall not only suffer the punishment there laid down according to the magnitude of the offence, but both that and the punishment inflicted on them shall be published with their names in the Government Gazette.

X. The printers of works, or writings, which are declared innocent, or not in