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
Some of these persons signed the constitution, and accepted office
because they were in a state. of duresse; some because they were
regardless of every thing except their own interest, and cared not
whom they served so they might serve themselves; others attached
themselves faithfully to the intrusive King, because they miscalculated
the resistance which could be opposed, and having chosen their part,
adhered to it with miserable fidelity through all the odious and
dreadful consequences in which they were involved. These persons had
hoped to form a social contract with the new King; and to obtain for
their country that regular and constitutional freedom, the want of
which had drawn on its long degradation and decline. Of that hope they
were speedily undeceived. The constitution which they sanctioned,
and which was published to the Spaniards as their act and deed, was
intended in all its parts and provisions to establish a government not
less despotic than that which it was to supersede. By the composition
of the Cortes two of the three estates of the realm retained the
name indeed, and the semblance of honour, but were divested of any
real power, their united members forming not a third part of the
chamber. Spain was indeed in no condition to be trusted with a popular
assembly; but a Cortes chosen and restricted like this of the Bayonne
constitution, was obviously designed for no other purpose than to
delude the people with a venerable name, and carry into effect,
under a show of freedom, the will and pleasure of the Monarch. The
regulations which pretended to provide for the liberty of the press
were in like manner deceptive. All that they did was to afford some
protection against the stupid bigotry of the Inquisition; such works as
Fray Gerundio would not be proscribed while the author could appeal to
a senatorial Junta; but nothing which distinguishes a free press, and
which constitutes its value, ... nothing which, as it were, embodies
public opinion, and gives it its due and salutary weight, could have
passed the double ordeal to which it was subjected. The provisions
in favour of the liberty of the subject bore about the same relation
to our Habeas Corpus, as this superintended freedom of the press
to its actual state in England. The Napoleon Habeas Corpus of the
Bayonne constitution established in reality a perpetual suspension for
interests of state; and where it was to take effect, it was not as an
absolute and fundamental law, but by a reference to the sovereign’s
discretion.
♦LETTER FROM FERDINAND TO THE INTRUDER.♦
Public-domain text, read in full here on John Shaqi.
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