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CHAP. I. On the manner of forming the Cortes.
ART. 27. The Cortes consists in the union of all the deputies that represent the nation, nominated by the citizens in the manner that shall be mentioned.
ART. 28. The basis of the national representation is the same in both hemispheres.
This basis is the population, consisting of those natives who on both sides are aborigines of the Spanish dominions, and of those who may have obtained from the Cortes letters of citizenship, as well as those comprehended under the 21st articles.
Here we have the establishment of Universal Suffrage; here is no exclusion. Here is an answer to those who prattle about the wild and visionary notions of the Reformers of this country. Here every citizens who can read and write is entitled to assist in making and altering the law, Here is the true definition of the word liberty. Without this, liberty is a word only—a delusion.
ART. 30. To calculate the population of the European dominions, the last census in 1797 shall be referred to, until a new one can be taken; and a corresponding one shall be made for the calculation of the ultra-marine population, referring, in the mean time, to the latest and most authentic census, or returns in existence.
ART .51. For every seventy thousand souls, composed as explained in the 29th article, there shall be one deputy to the Cortes.
ART. 32. The population being divided in different provinces, in case there should appear an excess beyond thirty-five thousand souls, one deputy additional shall be elected in the same manner as if the number amounted to seventy thousand; but if the excess does not pass thirty-five thousand, it shall not be calculated on.
ART. 33. Should there be found any province whose population does not amount to seventy thousand souls, but which is not under sixty thousand, it shall elect a deputy by itself; and, should it be less than this number, it shall unite with one adjoining to complete the number of seventy thousand requisite for the right of election. From this regulation is excepted the island of St. Domingo; that shall name a deputy, whatever may be its population.
CHAP. II.-On the nomination of the Deputies to the Cortes. ART. 34. For the election of deputies to the Cortes, parish, dis trict and provincial meetings shall be held,
CHAP. III. Of the parish elective Meetings.
ART. 35. The parish elective meetings shall be composed of all citizens settled and resident in the district of each respective parish, including the secular ecclesiastics.
ART. 36. These meetings shall always be held in the Peninsula, the islan is, and adjacent possessions, the first Sunday in October tlie year previous to the meeting of the Cortes.
We stop here to express our admiration of a time being appointed for those elections which is an idle day in all Christian countries. How particularly provident is this constitution for the labouring classes. It is also a day when such proceedings are likely to be performed with a due solemnity free from drunkenness and riot. Spain thou art destined to be an example for nations.
ART. 37. In the ultramarine provinces they shall be held the first Sunday in December, 15 mouths before the meeting of the Cortes; the magistrates being bound to give previous notice of both.
ART. 38. In the parochial meetings, there shall be appointed for every 200 inhabitants a parish member.
ART. 39. If the number of the inhabitants of the parish exceeds three hundred, although not amounting to four hundred, two members shall be appointed; if it exceeds five hundred, and does not amount to six hundred, three shall be appointed; and so on progressively.
ART. 40, In parishes, whose population is between one hundred and fifty and two hundred, a member shall be appointed; and in those that do not amount to this number, the inhabitants of a neightbouring parish shall unite to elect the member or members corresponding.
ART. 41. The parish meeting shall select eleven umpires of their number by plurality of votes, in order that they may elect the parish member.
ART. 42. Should it be necessary in the parish meeting to name two parish members, it shall then select twenty one umpires of their barber; if three, thirty-one: in no case the selected to exceed this number to avoid confusion.
ART. 43. With due attention to the convenience of the small towns. it will be observed, that the parish with twenty inhabitants shall select one umpire; that with thirty to forty, shall select two; that from fifty to sixty, three, and so on progressively. Those parishes with less than twenty inhabitants, shall unite with adjoining ones to elect the select, or an umpire.
ART. 44. The selected umpires from the parishes of the small
towns thus elected, shall meet in the town most convenient, and amounting to eleven, or at least nine in number, they shall nominate a parish member; if they amount to twenty-one or at least to' seventeen, they shall nominate two parish members; and if they are thirty-one, or at least twenty-five, they shall nominate three members, ar correspondingly.
ART. 45. To be entitled to be appointed parish member, it is necessary to be a citizen, twenty-five years of age, au inhabitant, and resident in the parish.
ART. 46. The parish meetings shall be presided over by the chief of police, the mayor, or chief magistrate (Alcalde) of the city, town or village wherein they may be held, with the assistance of the parish priest, to give the greater solemnity to the occasion, and if two or more meetings should be held in the same town from the number of its parishes, the chief of police, or mayor (Alcalde)'shali preside in one, the other Alcalde in the other, and the aldermen shall preside in turn
in the rest.
ART. 47. At the appointed time of meeting, which shall be in the council chambers, or in the usual place, the citizens, having met shall go to the parish church with their president, when shall be celebrated a solemn mass of the Holy Ghost, by the purish priest, who shall deliver a sermon corresponding to the occasion.
ART. 48. Church being over, they shall go back to the place they came from, when the business of the meeting shall commence, by nominating two examiners and a secretary among the citizens present, the whole with open doors.
With respect to the form and manner of election, it would be presumptuous to offer any comment. If there be any defects or superfluities, experience will point them out, and there is no fear but that a Spanish Cortes will be equal to the remedying of them. The ordination of religious rites on the occasion may be excused when we consider the priestcraft of that country. Oblivion shall draw its veil over such useless mummeries, and we hope that the next corrected edition of the Spanish Constitution will leave such ordinations a blank.
ART. 49. The president shall then inquire, if any citizen bas any complaint to make of bribery or corruption in favour of the election of any particular person; and should it appear that there is, public and verbal explanation should immediately take place. The accusation being proved, the guilty shall be deprived of both active and passive votes. Slanderers shall suffer the same punishment, and from this sentence no relief can be admitted.
Morality will be the basis of the laws of Spain. article is almost of itself sufficient to procure it. this provision.
VOL. III. No. 1.
This very How just is
ART. 50. If doubts are started among the members present, as to the qualifications required for voting, the same meeting shall decide what it thinks fit; and its decision shall be carried into execution, without redress, this once, and for this purpose only.
ART. 51. The umpires shall be immediately nominated, which shall be done by each citizen pointing out an equal number of persons with the umpires required; for which purpose he shall approach the seats of the president, the examiners, and the secretary; the last-mentioned shall make out a list thereof in his presence, and in this and other acts of the election, no one can vote for himself under the penalty of losing the right of voting.
ART. 52. This business being over, the president, the examiners, and the secretary, shall examine the lists, and the last shall in a loud voice proclaim the names of those citizens who have been chosen umpires by the greatest number of votes.
ART. 53. The nominated umpires shall retire to a separate place before the meeting is dissolved, and conferring together, shall proceed to nominate the elector or electors of the parish, and the person or persons who shall receive more than half the votes shall be elected. Subsequently their appointment shall be published in the meeting.
ART. 54. The secretary will open the record, which the president and the umpires will sign, and a copy of the same, signed by the same parties, will be delivered to the person or persons elected, to be evidence of their appointment.
ART. 55. No citizen can be exempted from these duties, from any reasons or pretexts whatever.
ART. 56. In the parish meeting no citizen shall appear with arms.
ART. 57. The appointment of the electors being proved, the meeting shall immediately dissolve; and whatever other public act it may attempt, shall be null and void.
ART. 58. The citizens who formed the meeting shall go to the parish church, where a solemn Te Deum shall be chaunted. The elector or electors in procession, between the president, the examiners, and the secretary.
We fear that the mode of electing the umpires at the parochial meetings will be extremely tedious and attended with difficulties and confusion. This, however, will prove a trifle and might be soon remedied. This ceremony is also to be concluded with a religious procession, and the Battle Hymn, or Hymn of Victory, is to be chaunted. However this will not affect the main object, so let the Spaniards chaunt their hymns as long as they like. We deprecate all processions of large bodies whatever be their object. There is something ex
tremely ridiculous in it. when viewed with an impartial and
philosophical eye. The main object of all processions is to captivate the vulgar with its glare.
CHAP IV. On the district elective meetings.
ART. 39. The elective meetings of the district shall be composed of the parochial electors, who shall assemble at the head of each dis› trict, for the purpose of nominating the elector or electors, who must proceed to the capital to elect the deputies to the Cortes.
ART. 60. These meetings shall always be held in the peninsula, the islands, and adjacent possessions, on the first Sunday in November, of the year preceding the meeting of the Cortes.
ART. 61. In the ultramarine provinces, they shall be held the first Sunday in January succeeding to that December wherein the parish meetings took place,
ART. 62. To ascertain the number of electors that each district is to appoint, the following rules must be observed.
ART. 63. The number of the district electors shall be in propor tion of three to one of the deputies to be elected.
ART. 64. If the number of the districts of the province should be greater than that of the electors required by the preceding article for the nomination of the deputies to be named, nevertheless one elector shall be nominated for each district.
ART. 65. If the number of districts should be less than that of the electors requisite, each district shall elect one, two, or more, until the necessary number is completed; but, should one elector even be wanting, the district of the greatest population shall nominate him; if another should still be deficient, the district next in population shall appoint him, and so on successively.
ART. 66. According to the principles in the 31, 32, and 33 arti cles, the census determines the number of deputies for each province, and the number of electors to each of its districts.
ART. 67. The elective meetings of the district shall be presided at by the chief of police, or the chief magistrate of the chief town of the district, to whom the parochial electors shall present themselves with the warrant of their election, that their names may be inserted in the book of the records of the meeting.
ART. 63. On the appointed day, the parish electors shall assemble, with the president, in the council chambers, with open doors, aud shall commence their proceedings by nominating a secretary and two examiners among themselves.
ART. 69. Subsequently, the electors shall present the certificates of their nomination for the examination of the secretary and the scrutinizers, who should the following day declare if they are or not according to law. The certificates of the secretary and scrutinizers