History of the Peninsular War, Volume 2 (of 6)Southey, Robert
History
History of the Peninsular War, Volume 2 (of 6)
Southey, Robert
Peninsular War, 1807-1814
questions to be examined.
It had been said that the Cortes ought to assemble, that the Council
of Castille should convoke them, and the whole proceedings be executed
under the authority of that tribunal. But the Council of Castille never
possessed the right of convoking the Cortes, ... why then should they
give it that authority? Was it because it had lent the whole weight of
its influence to the usurpation? Because it had acted in opposition
to those fundamental laws which it was established to preserve and
defend? Because it had afforded the enemy every facility to usurp the
sovereignty of Spain, to destroy the hereditary succession of the
crown, and the dynasty legally in possession? Because it had recognized
and seated on the throne a foreigner, destitute even of the shadow of
a title to it? What confidence could the Spanish nation place in a
government convoked by an authority incompetent, illegal, and guilty
of acts which might justly be ranked with the most atrocious crimes
against their country? But the Council of Castille being thus excluded
from all consideration, who was to convoke the Cortes? It was the
peculiar and exclusive prerogative of the King to summon them; the
provinces would not submit to any other authority; they would not
unite: thus, therefore, there would be no Cortes, or, if a few deputies
were to assemble, that very circumstance would occasion divisions, the
very evil which all were anxious to avoid. The kingdom found itself
suddenly without a king and without a government, ... a situation
unknown in its history, and to its laws. The people legally resumed
the power of appointing a government. They created Juntas without any
regard to the cities which had votes in the Cortes. The legitimate
power was therefore deposited with the Juntas: in virtue of that power
they had governed, and still were governing, and had been, and still
were, universally acknowledged and obeyed. Their situation had not
changed; the danger still existed; no new authority had supervened: the
lawful authority resided entire in the Juntas to which the people had
confided it. It was therefore incontestable that the sole and exclusive
right of electing those who were to compose the supreme government
was vested in the supreme Juntas. And whom should they elect? Most
certainly individuals of their own body; for they alone derived their
power from the people, and in them the nation had reposed entire
confidence. Hence, if there were any province in which the military
power subsisted alone, it was absolutely necessary that a supreme Junta
should be constituted there, by which the people might act; this being
indispensable, in order to concentrate the legitimate power of the
people; for, under present circumstances, the government could not be
legitimate, unless it originated in their free consent.
Public-domain text, read in full here on John Shaqi.
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