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fixed by the Cortes at the commencement of each reign, and cannot be altered during its continuance.
ART. 220. The salaries of the members of the Regency shall be taken from the revenue assigned for the household of the King.
ART. 221. All these appropriations are on account of the national treasury, by which they shall be paid to the director that the King shall appoint, with whom must be treated the active and passive claims which may occur on account of their interests.
There is nothing worthy of notice in the last four chapters. We have no fear that they will long continue to swell the Spanish Constitution. It forms one of its excrescences which cannot long flourish on so pure and stately a trunk.
CHAP. VI. On the Ministers of State and of public affairs. ART. 222. The Ministers of public affairs shall be seven, viz. The minister of foreign affairs.
The minister of public affairs of the government of the kingdom, in the Peninsula, and the adjacent islands.
The secretary for the colonies.
The secretary of public affairs, of mercy and justice.
The secretary of the navy.
Succeeding Cortes shall make such alteration in this system of secretaries for public affairs, as experience or circumstances may require.
ART. 223. To be qualified to be a minister of public affairs, it is necessary to be a citizen in the exercise of his rights; foreigners, although citizens, being excluded this office.
ART. 224. By a particular regulation, approved by the Cortes, will be pointed out the business peculiarly appertaining to cach minister.
ART. 225. All orders of the King should be signed by the Secretary of State, to whose department the subject is committed. No tribunal nor public person shall acknowledge any order that is deficient in this essential.
ART. 226. The secretaries of public affairs shall be responsible to the Cortes for the orders which they may authorize against the Constitution or the laws; the command of the King shall be no excuse to them.
ART. 227. The ministers of public affairs will draw up annual estimates of the public expences, that they may deem necessary in each respective branch of the administration, and shall render an account
of those that have been incurred in the mode which will be pointed out.
ART. 228. To make the responsibility of the ministers of public affairs duly effective, it is necessary that the Cortes shall first decree that there is ground for impeachment.
ART. 229. This decree being given, the minister of public affairs shall be suspended, and the Cortes shall forward to the supreme tribunal of justice, all the documents relative to the cause to be brought forward by this same court, who shall prove and decide on the same, according to law.
ART. 230. The Cortes shall fix the salaries of the ministers of pub lic affairs, during their ministry.
The Ministers of Spain, are placed on the same footing as the Ministers of England would be, if we possessed an effectual House of Commons. Such is the ground work of the Constitution, that there is not the least fear of corruption thriving on it.
CHAP, VÍÍ.—On the Council of State.
ART. 231. There shall be a council of state, composed of forty į dividuals, citizens in the exercise of their rights, foreigners, although tizens, being excluded.
ART. 232. These shall be precisely as follows, viz. four ecclesi*ics and no more, of known, and approved intelligence and merit, o of whom shall be bishops; four grandees of Spain, and no more, adorned with the necessary virtues, talents, and information; and the remainder shall be chosen among those subjects most distinguished for their intelligence and education, or for signal services in any of the principal branches of the administration of the government of the state. The Cortes cannot propose for this office any individual deputy to the Cortes, at the time of the election. Twelve, at least, of the members of the council of state, shall be natives of the provinces beyond sea.
ART. 233. All the counsellors of state shall be appointed by the King, at the presentation of the Cortes.
ART. 234. To form this council, there shall be circulated in the Cortes, a triple list of all the ranks referred to in the desired proportion, from which the King shall elect the forty members, to compose the council of state, taking the ecclesiastics from the list of them, the grandees from their list, and so on of the others.
ART. 235. The council of state is the only council of the King, who will hear its opinion upon important matters of government, and especially to grant or refuse his sanction to the laws, declare war, and make treaties.
ART. 236. When any vacancy shall occur in the council of state, the first Cortes that shall subsequently meet, shall present to the King three persons of the rank in which it may have occurred for his choice.
ART. 237. This council shall prepose to the King three persons for presentation to all ecclesiastical benefices, and for preferment to offices of judicature.
ART. 238. The King shall form a regulation, for the government of the council of state, consulting it thereon at the same time, and it shall be laid before the Cortes for its approbation.
ART. 239. The counsellors of state cannot be removed, without sufficient reasons, proved before the supreme court of justice.
ART. 240. The Cortes shall fix the salary of the counsellors of state.
ART. 241. The counsellors of state, on taking their seats, shall take an oath, before the King, to defend the constitution, to be faithful to the King, and to advise him in all matter conducive to the welfare of the nation, without a view to private interest or emolument.
With respect to the composition of this council, there is not much to fear: four priests and four grandees will be but a feather against thirty-two intelligent men. I cannot fail to admire the manner in which the Cortes have secured themselves against the machinations of the clergy, although they are eligible to the Cortes, I think they will find themselves debarred from doing any mischief. But the change of affairs in South America, will render it necessary, that the first nssemblage of the Cortes should revise the whole of their Constitution. Further improvements will no doubt be made in its fundamental parts to correspond with the increased liberality of the present day. Oh Liberty! how delightful thou art, even to contemplate, although absent.
On the Civil and Criminal Courts of Justice, and the
CHAP. I.-On the Courts of Law.
ART. 242. The application of the laws in civil and criminal affairs, belongs exclusively to the tribunals.
ART. 243. Neither the Cortes nor the King can, in any case, exercise judicial authority, advocate in depending causes, nor command the revisal of concluded judgments.
VOL. III. No. 3.
ART. 244. The laws shall fix the order and formalities of proceeding, which shall be uniformly the same in all the courts, and neither the Cortes nor the King can deviate therefrom.
ART. 245. The courts can exercise no other authority than that of giving sentence, and seeing it carried into execution.
ART. 246. Neither can they suspend the execution of the laws; nor make any regulations for the administration of justice.
ART. 247. No Spaniard can be sentenced in civil or criminal cases by any commission, or otherwise, than by the appropriate court previously ordered by law.
ART. 248. In ordinary cases, both civil and criminal, there shall be one mode of practice for all ranks of persons.
ART. 249. The clergy shall continue to enjoy the usual privileges in the manner regulated by law, at present or in future.
ART. 250. The military shall enjoy their particular privilege, in the manner ordered by the ordinance (ordenanza) now or in future.
ART. 251. To be qualified as magistrate or judge, it is necessary to be a native of the Spanish territory, and to be 25 years old. Other necessary qualifications shall be determined by law.
ART. 252. Magistrates and justices cannot be deprived of their appointments, either temporary or permanent, without accusation lawfully proved and determined, nor suspended without an action lawfully commenced.
ART. 253. If complaints against any magistrate are made to the King, and on examination of the affair they should appear wellfounded, he may, on consulting the Council of State, suspend him, immediately forwarding the particulars of the business to the Supreme Court of Justice, to decide according to law.
ART. 254. The judges shall be responsible for all neglect of attention to the laws in civil and criminal proceedings, which they may be guilty of.
ART. 255. Corruption, bribery, and collusion, of magistrates and judges, are grounds for public actions at law, against those who attempt them.
ART. 256. The Cortes will fix an adequate revenue for the Professors of Law.
ART. 257. Justice shall be administered in the name of the King, and the sentences and determinations of the Superior Courts, shall also be registered in his name.
ART. 258. The civil, criminal, and commercial code, shall be one and the same throughout the monarchy, without obstruction to such alterations as the Cortes may make in particular circumstances.
ART. 259. A tribunal shall be established in the capital, which shall be called the Supreme Court of Justice.
ART. 260. The Cortes shall determine the number of magistrates for it, and the different courts into which it is to be distributed.
ART. 201. The jurisdiction of this Supreme Court is, in the first place, to settle all the powers of the Courts of Judicature within themselves, in the whole Spanish territory, and those of the special courts in the Peninsula and adjacent islands. Beyond sea these latter shall be regulated as the law shall determine.
Secondly, To try the Secretaries of State, and Ministers of Public Affairs, whenever the Cortes shall decree there exists ground of impeachment,
Thirdly, To take cognizance of all cases of dismissal and suspension from office of Counsellors of State, and the officers of Courts of Justice.
Fourthly, To take cognizance of the criminal accusations against the Secretaries of State, the Counsellors of State, and the Officers of Justice, if appertaining to the Office of Police, according to the nature of the subject, to direct the proceedings to be forwarded to this tribunal.
Fifthly, To take cognizance of all criminal accusations that may be brought forward against the members of the Supreme Court. In case of its being necessary to render effective the responsibility of this same Court, the Cortes, according to the forma lity required by the 228th article, shall proceed to nominate, for this purpose, a tribunal composed of nine judges, who, shall be chosen by lot from double that number.
In the Sixth place, To take cognizance of the residence of all Public Officers who are under its jurisdiction by law.
In the Seventh place, To take cognizance of all matters in dispute, belonging to the royal patronage.
In the Eighth place. To take cognizance of appeals against the oppression of all the superior ecclesiastic tribunals of the Ca. pital.
In the Ninth place, To take cognizance of appeals against illegal or informal proceedings, or claims for annulling the sentences given on the last hearing of the cause, with a view to the cise purpose of re-hearing it; and a re-examination, and to render effective the responsibility mentioned in the 254th article. Beyond sea, the (Audiencias) high courts of judicature shall take cognizance of these appeals in the mode which will be stated in its place.
In the Tenth place, To attend to the doubts of other courts upon the meaning of any law, to consult the King thereon, with the principal arguments it may have to enable him to make an ap. propriate declaration to the Cortes.