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1821 March 13 Revised 16th
Rid Yourselves
§. Constit Code purely for the dominion
1.
Said already, submission
in the first instance supposed,
no Ultramarian
will long continue it, if he
can avoid it. See now, can
they find any difficulty in
avoiding it? Under the Code,
none: such the facilities it
affords for evasion – unless
despotism be found provided
by it as a resource.
Evasion: viz. of the essential
matter, money contribution:
for, without it, the
faculty of passing from
Spain to Ultramaria with
empty power will not be
employed.
2.
Texts.
1. Art 335. No money without
consent of Provincial
Deputation: 7 out of 9 by
326. 328 elected by the inhabitants.
Of their functions, the first
is to "approve" the quota of
contribution assessed by
Cortes on the Province.
3.
For compliance, inducement
none.
Per 346, at the disposal of
Peninsular Treasury it is
all to be: Per 171, clauses 13.
and 15, by Cortes, the whole
and each Province's quota
is to be fixt: to each Province,
nothing but the
above negative: in the exercise
of it they will not
be reserved.
4.
Peninsula will not draw to
Pensinsula all the Ultramarian
money – Reasons.
1. From no country, unless
Government be maintained
in it, can regular supply
of money be had.
2. Unless in Ultramaria money
be left, none will be there
for functionaries sent from Spain.
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§. Constitl Code purely for the dominion
5.
But no gratification will
it be to Ultramaria, to
fat strangers at its expence.
6.
Not having the power to
make defalcation from,
or set limits to, its quota,
each province ill strike
off the whole.
7.
Each province, if apprized
of the other's quota,
will determine its own excessive,
on direct evidence
if not apprized, on this
circumstantial evidence.
8.
To prevent levy, no express
rejection will be
necessary or suitable: by
indefinite delay, the purpose
may be more effectually
answered. By rejection,
promptitude of
fresh orders would be
maximized: by indefinite
delay, minimised.
By rejection, irritation
maximized: by delay, minimized.
9.
Course that may be taken
by delay.
1. Nothing done or said
till orders from the Minister
at Madrid.
2. Then, instead of compliance,
remonstrance. representation.
3. So toties quoties.
Thus much for illustration:
to instruct men of
Spanish blood in delay, in
a foreigner presumptuous
For justification, Gaspar
Hermosa's panegyric on
delay from Montesquieu
may serve.
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§. Constitl Code purely for the dominion
10.
Length of time an under at the
end of which an order necessary from Spain
to Ultramaria can receive
in Ultramaria
execution from reluctant
hands.
1. Time for framing the
law in Spain; Cortes asleep
2/3 or 3/4 of the year.
2. Passage from Spain
to Ultramaria.
3. – framing decision
in the Ultramarian Corporate
body, majority adverse.
4 – passage from Ultramaria
to Spain.
11.
Space and Time annihilated,
effect would not be
given to the Spanish Taxing
law, but a part of
the way would be made.
12.
Money suppose eventually
sent, what anterior
dependence can
be placed on the receipt
of it?
13.
Ground of the "Representation
(as per 9).
1. Per 339. taxes shall be
distributed among all
Spaniards in proportion
to their means, without
exception or privilege.
My quota is excessive says
Province A: so say all.
Thus come Appeals in a
number the limit to which
is that of the Provinces.
2. Per 373. To every Spaniard
a right of making representation
to Cortes or King
for benefits of the Constitution.
Result, representations many;
money, none.
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rid yourselves of ultramaria |
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rid yourselves |
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constitl code paralyses the dominion |
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