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
composed of six counsellors of state and six members of the Royal
Council.
♦THE COLONIES.♦
The Spanish kingdoms and provinces in America and Asia were to enjoy
the same rights as the mother country, and to trade freely with her;
every kind of cultivation and industry was to be free there, and no
monopoly of export or importation to be granted. Every kingdom and
province should always have deputies at the seat of government, to
promote their interests and to be their representatives in the Cortes.
Two deputies each were to be sent by New Spain, Peru, the Nuevo Reyno
de Granada, Buenos Ayres, and the Philippines; one each by the islands
of Cuba and Puerto Rico, by Venezuela, Charcas, Quito, Chile, Cuzco,
Guatemala, Yucatan, Guadalaxara, the western internal provinces of
New Spain and the eastern. These deputies were to be chosen by the
_Ayuntamientos_ of such places as the Viceroys or Captains-general
should appoint in their respective territories; they must be natives of
the respective provinces, and proprietors of land; they were to hold
their places for a term of eight years, and after the expiration of
that term, till their successors should arrive. Six of these deputies,
chosen by the King, should be added to the Council of State and section
of the Indies, to have a consultive voice in all matters relating to
the colonies.
♦JUDICATURE.♦
The Spains and the Indies were to be governed by one code of laws
civil and criminal. The judicial order was to be independent, justice
administered in the King’s name by the courts and tribunals which
he should appoint, and all corporate or private jurisdictions, such
as the _Justicias de abadengo, ordenes y señorio_, were abolished.
The King was to appoint all the judges, and no one could be removed
from his office, unless in consequence of charges against him made
by the president or _Procurador General_ of the Royal Council, at
the Council’s instance, and with the King’s approbation. There were
to be Conciliatory Judges forming a Tribunal of Pacification, Courts
of the first instance, Audiences or Tribunals of Appeal, a Tribunal
of Reposition or Cassation for the whole kingdom, and a High Court
Royal. The courts of first instance were to be as many as the country
required; the tribunals of appeal for Spain and the adjacent islands,
not fewer than nine nor more than fifteen. The Royal Council was to
be the Tribunal of Reposition, and should also take cognizance of
appeals in ecclesiastical cases. Criminal processes were to be public,
and it was to be discussed in the first Cortes whether or not trial
by jury should be established. Appeal might be made to the Tribunal
of Reposition against a criminal sentence. The High Court Royal was
to take cognizance of personal offences committed by individuals of
the Royal Family, ministers, senators, and counsellors of state; there
might be no appeal against its sentences, but they were not to be
executed till the King should have signed them. It was to consist of
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