how anxiously the Cortes watch over their protection and welfare." As this act was intended to conciliate the Indians to the government of the mother country, so another which followed, abolishing the monopoly of quicksilver, was calculated to manifest the attention of the Cortes to the mine-adventures in their American settlements. By it, full liberty was given to private individuals to work mines of that metal, and a free trade in that article was permitted, on the condition only that the shipments of it to America should be made, in the first instance, in Spanish vessels.

At the sitting on April the 2nd, Arguelles, a member distinguished for his exertions in favour of the freedom of the press, made the three following motions: That the torture be abolished: that the slave trade be abolished: that the regency communicate to the English government the decree which may be adopted on this last question. To the first motion an amendment was made by adding, "and all other illegal and barbarous oppressions, as handcuffs, chains, &c." The motion and amendment were supported by several speakers, and no opposition being made, they were unanimously adopted. In discussing the second question, the mover adverted to what had been done in England, and said, "Shall we give time to the English government to demand this of us? Let us anticipate them: let the glory of this measure be all our own.". In conclusion, after some objection started relative to the reception such a decree would meet with in the island of Cuba, it was

determined that both proposals should be referred to a committee. A petition was delivered from various imprisoned inhabitants of San Carlos, requesting that as they had been already confined more than four months, they might be liberated on bail till their trials should be determined on. It was agreed that this application should be made known by the regency to the judge of the cause; and in the speeches on this subject several members gave their opinions on the abuse of detaining so long in prison persons not yet proved criminal, which pointed towards some law like that of our habeas corpus. The subject was taken up again in the sittings of April 18th and 19th, and the plan of a law was ordered to be printed, containing various propositions relative to imprisonment; the general tenor of which was highly favourable to personal liberty. In a further discussion, a member suggested that the Cortes, even if possessing the royal authority, could not make innovations on the existing laws, or publish others, without the consent of the council of Castille; and proposed that the matter should be suspended till that council had been consulted on the subject. This doctrine was warmly controverted by Sen. Arguelles, who maintained the paramount authority of the national representatives. The discussion was renewed several days, but no determination was resolved upon. In the meantime the Committee of Justice presented the law for the abolition of torture, which, after a long discussion, and various amendments, was finally agreed to.

At a sitting on August 2nd, a member spoke on the necessity of admitting nobles and plebeians in discriminately into the military colleges, and abolishing that exclusive privilege of high birth in this point which deprived the country of the services of young men of talents and good dispositions at a time when they were peculiarly wanted. He read a report from the committee of war upon this subject, founded on the principles, that all men in the order of nature are equal, and that he is most worthy of the respect of society who renders himself most useful to it by his talents and virtues. On this ground they offered to the consideration of the Cortes the two proposals, that respectable individuals should be admitted in succession to the military colleges, even though they should not be nobles; and that the same should take place in the marine and other corps. A day was accordingly appointed for the discussion of this matter.

As an effort was thus made to free the nation from one prejudice, another, equally inveterate, was touched upon at the same sitting. The committee of finance, and of matters ecclesiastical, reported on the necessity that existed for applying to the military hospitals the sums destined for religious fraternities, prebendships, and other pious uses. They submitted a plan for the purpose; and in order to quiet religious scruples, they proposed that Cardinal de Bourbon should be applied to for his assistance in the business. This called up a Father Lopez, who, with great warmth, maintained all

the ancient privileges of the church. He asserted that the church alone could give away the money of the church; that neither the King nor the people had such a power, nor, consequently the Cortes, who were their representatives, and he denounced all the evils that had fallen on France upon the violators of ecclesiastical rights. This intemperate speech was, however, heard with much disapprobation; and the Bishop of Callahorra liberally supported the proposition as just and necessary in the present circumstances. It was at length put to the vote, and carried with certain amendments.

The

On August 5th, the Cortes passed an important decree respecting seigniories. All jurisdictional seigniories are thereby abolished, and are declared incorporated with the nation. words vassal and vassalage are entirely discarded, as well as all payments originating from a jurisdictional title, except such as proceed from free contract. Territorial seigniories remain henceforth in the class of other rights attached to private property, if not of such a description that they ought to be incorporated with the nation. The privileges called exclusive, privative, and prohibitive, such as those of the chase, fishing, milis, forests, &c. are abolished; but those who have purchased them for a valuable consideration are to be repaid such capital as appears in the deed of purchase, and till such repayments, are to receive an interest of 3 per cent. In this decree will be recognized, joined with that spirit of salutary reform by which alone a country can be regenerated, that

regard to private property, without which a political revolution becomes a mere system of pillage and rapine.

The formation of a constitution was considered by the Cortes as the great and leading object of their delegation; and a committce of that body having been appointed to draw up a plan for that purpose, two sections, consisting of 242 articles, were read before it at the public sitting of August 19th, and ordered to be printed. The following preliminary article being afterwards brought up for discussion, it produced an interesting debate. "The Sovereignty resides essentially in the nation; and therefore the right belongs to it exclusively of establishing its fundamental laws, and of adopting the form of government which it judges most suitable." To the last clause of this article an objection was made by Sen. Aner, on the grounds that it was unnecessary, and that it might tend to injure the Cortes in the eyes of the public, as being inclined to democratical principles, a calumny under which it had already laboured. Sen. Arguelles, without meaning to oppose the judicious reasoning of the preceding speaker, defended the views of the committee in framing the clause in question, and expressed his surprise that the attachment of that body, or of the Spanish nation, to monarchical government, could be called in question. After a long debate on the subject, a division took place, in which the first clause of the article was carried by 128 votes against 24, and the latter clause was rejected by 86 against 63. During this discus

sion, some interesting information was given by the president respecting the free spirit of the constitution of Navarre. That small kingdom had held its general Cortes so lately as 1795 and 1806. At the latter meeting, though held in Pampeluna, which was possessed by a strong French garrison, they refused to imitate the example of Castille in obeying the mandate of Napoleon to acknowledge the usurper Joseph; and asserted that the choice of a Sovereign, and the establishment of laws, belonged to the general Cortes alone.

The doctrine of the sovereignty of the nation, though asserted by a great majority of the Cortes, met with opposition from another quarter. The Royal Council circulated a paper expressly denying this sovereignty, and by consequence, the plan of a constitution founded upon it. The Conde del Pinar was said to be the author of this paper, which, however, did not pass without the negative of three members of the council. The Cortes took up the matter with spirit in a sitting on Oct. 16th, and ordered a criminal information against those who concurred in the measure, in the meantime suspending them from their functions.

A proposal in the Cortes for the revival of the inquisition appears to have excited much alarm among the advocates for liberty, though, indeed, such a measure might have been expected from the general character of the nation, and from the religious intolerance which has been avowed as a first principle of its constitution. If no other religion but the Catholic is to be permitted in Spain, some mode of inquiring into the faith of indivi

duals, and suppressing the inroads of heresy, must subsist; though it is to be hoped that the present age would not endure the violation of justice and humanity so flagrant in the proceedings of the ancient inquisition.

No subject appears to have awakened the jealousy and pride of the Spaniards more than the idea that there was an intention of placing their troops under British commanders. Such a notion was certainly entertained as a desirable circumstance, by many sanguine friends to the cause in this country, especially after various instances of apparent want of skill or fidelity in the Spanish commanders; and in the case of Gen. La Pena, formal complaints were made of his conduct at Barrosa: the Cortes, however, seem to have taken it up as a national affair, and after a long inquiry, declared their entire satisfaction with his behaviour.

The propagation of these suspicions occasioned, in the beginning of August, a remonstrance from the Hon. Henry Wellesley, the British minister, addressed to the Spanish first secretary of state, Don Eusebio de Bardaxi y Azara, complaining of the calunnies circulated in an enclosed paper, in which were revived the rumours that the Spanish provinces, bordering upon Portugal, were placed under the military command of Lord Wellington; that the Spanish army was to be commanded by English officers; and that the British government had a design

of sending a force to Cadiz, sufficient to take possession of and retain it in the name of his Britannic Majesty. After some general observations on the injustice of imputations of this kind, considering the great sacrifices England had made to the Spanish cause, Mr. Wellesley proceeds positively to deny, that this government has any views of aggrandizement, or territorial acquisition, either here or in America, at the expense of the Spanish nation-that there is any ground for the interpretation given to the notes which he presented in March last, suggesting that the Spanish provinces, bordering upon Portugal, should be placed under the temporary authority of Lord Wellington-and that there was ever any intention in the English of rendering themselves masters of Cadiz. He concludes with requesting that his note may be laid before the Council of Regency, and that proper publicity may be given to it, to prevent the evil consequences that may result from such injurious suspicions.

The Spanish secretary, in his reply, conveys the council's most unequivocal condemnation of the imputations complained of, and its sentiments of gratitude for the aid hitherto afforded to their cause by Great Britain, with their warm hopes that the bond by which the two nations are connected may be drawn still closer; and the minister's desire that these papers should be made public is fully acceded to.