History of the Peninsular War, Volume 5 (of 6)Southey, Robert
History
History of the Peninsular War, Volume 5 (of 6)
Southey, Robert
Peninsular War, 1807-1814
The Cortes manifested upon this occasion something of that
precipitation, and something of that proneness to tyranny, by which
the proceedings of popular assemblies have so often been disgraced.
In this case, as in that of the Bishop of Orense, they might perhaps
have thought that such scruples disqualified him for the office which
he was called upon to accept; but those scruples ought to have been
respected; and upon no principle of law or justice could they possibly
be considered as a crime. But the marquis was ordered into custody,
and the Cortes met again that night, to deliberate upon this unworthy
business. One member said, that Palacio had lost the confidence of
the public; he could not act in the Regency, because he had shown
that his conscience was not such as was fit for a Regent; and his
conduct ought to be investigated by judges appointed for that purpose.
Capmany maintained, that the Cortes itself ought to take cognizance
of the offence; and Arguelles, Oliveros, and Torrero, agreed in these
exaggerated censures of an act which, even if censurable, amounted only
to an error of judgment of the most venial kind. Arguelles declared,
that should the Cortes retrace a single step, and not go forward with
its decree, respecting the sovereignty of the nation and their own
power, they would give a triumph to the enemy. It was voted, after a
long discussion, that the marquis had forfeited the confidence of the
nation, and that another Regent must be appointed in his place. The
Marquis del Castelar was chosen. Palacio now represented, through the
captain of the guard, that he was confined at this time in a damp room,
to the danger of his health, without having a place to sit down. It
was then ordered, that he should be confined in his own house, under
a guard, who was never to lose sight of him. This discussion occupied
the Cortes till midnight, and then they entered upon a secret sitting,
probably upon the same subject. Three days after, it was voted that the
marquis was no ♦OCT. 31.♦ longer qualified to act as captain-general of
Aragon; and in three more, discovering how little conformable it was
to their professed principles thus to proceed to condemnation before
trial, the Cortes repealed the decree, and resolved, that both this
case and that of the Bishop of Orense should be referred to judges
appointed by the Regency, who were to hear the advocates of the Cortes,
of the royal council, and of the marquis, and to consult with the
Cortes concerning their sentence. Meantime he was to remain a prisoner
at large in the Isle of Leon, upon his parole.
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