History of the Peninsular War, Volume 1 (of 6)Southey, Robert
History
History of the Peninsular War, Volume 1 (of 6)
Southey, Robert
Peninsular War, 1807-1814
It belonged to the Senate to watch over the preservation of individual
liberty, and of the liberty of the press. A Senatorial Junta of
individual liberty, consisting of five members, was to be chosen by the
Senate from its own body, and to this committee all persons arrested
for offences against the state, if they were not brought to trial in
the course of a month from the day of their commitment, might appeal:
should the Junta be of opinion that the interests of the state did not
justify a longer imprisonment, it was to call upon the minister by
whom the arrest was ordered, either to set the prisoner at liberty,
or deliver him over without delay to a competent tribunal. If after
three such consecutive applications within the space of another month
the prisoner should neither have been discharged nor remitted to the
ordinary tribunals, the Junta was then to require a meeting of the
Senate; and the Senate, if it saw cause, was to pass a resolution
in this form: There are strong presumptions that N. is arbitrarily
imprisoned. The president was to lay this resolution before the King;
and the King was to refer it to a Junta, composed of the presidents of
the Council of State and of five members of the Royal Council.
♦SENATORIAL JUNTA OF THE LIBERTY OF THE PRESS.♦
In like manner there was to be a Senatorial Junta of the liberty of the
press, consisting of five senators. Authors, printers, and booksellers,
who thought themselves aggrieved if they were prevented from printing
or selling a work, might appeal to this Junta; and should the Junta
be of opinion that the prohibition was not required by reasons of
state, the minister by whom it had been imposed should be required to
withdraw it. If after three consecutive applications in the course of
a month the prohibition were not revoked, the Junta was then to summon
the Senate, and the Senate, if it saw reason, to resolve there were
strong presumptions that the liberty of the press had been violated;
and this resolution was to be laid before the King, and by him, as in
a matter of individual liberty, referred to a Junta whose decision was
final. Periodical publications were not entitled to the benefit of this
provision. The members of these Senatorial Juntas were to be changed
one every six months.
♦COUNCIL OF STATE.♦
Public-domain text, read in full here on John Shaqi.
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