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
the eight senior senators, the six presidents of the sections of the
Council of State, the president and two vice presidents of the Royal
Council. The right of pardoning should belong to the King alone. There
should be one commercial code for Spain and the Indies; and in every
great commercial town a Tribunal and a Junta of commerce.
♦FINANCE.♦
The _Vales Reales_, _Juros_, and whatever loans the government had
contracted, were acknowledged as the national debt. Custom-houses
between different jurisdictions and provinces were abolished both
in Spain and the Indies, and were only to exist upon the frontiers.
Taxes were to be equalized throughout the kingdom, and all privileges,
whether granted to corporations or individuals, were suppressed; but
for those which had been purchased, an indemnification should be
awarded. The public treasure was to be distinct from that of the
crown, and under a director general appointed by the King; the accounts
were to be rendered yearly, and examined and closed by a tribunal of
general accounts, composed of persons whom the King should nominate.
All nominations for all employments belonged to the King, or to the
authorities to whom the laws confided them.
♦ALLIANCE WITH FRANCE.♦
A perpetual alliance, offensive and defensive, by land and by sea,
between France and Spain, was declared by this constitution; the
contingent which each power was to furnish being to be determined by a
particular treaty. Foreigners who had rendered important service to the
state; or who might be useful to it by their talents, their invention,
or their industry; and those who formed large establishments, or
acquired lands for which they paid yearly taxes to the amount of fifty
_pesos fuertes_, might be admitted to the rights of naturalization.
♦SECURITY OF PERSONS.♦ Every man’s house was an asylum, not to be
entered except by day, and for a specific object, determined by the
law, or by an order proceeding from the public authority. No person
residing in the Spanish dominions should be arrested, except in
_flagrante delictu_, without a legal and written order, issued by
a competent authority, notified to the party, and explaining the
grounds of the arrest, and the law in virtue of which it was granted.
No Alcayde or jailer should receive or detain a prisoner, till he
had entered in his register the warrant of committal: nor might the
relations and friends of a prisoner be prevented from seeing him, if
they came with an order from the magistrate, unless the judge should
have given directions that the prisoner should have no communication
with any person. The use of the torture was abolished, and any rigour
beyond what the law enjoined was pronounced a crime.
♦LIMITATION OF ENTAILS.♦
Public-domain text, read in full here on John Shaqi.
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