JB/008/077/001

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1821. March 16. Revised 16 March
Rid Yourselves

§. Constitutl Code purely for the dominion

26.
Vain to say, Colony Secretary
may be restive.
Per 171. Cl. 13, Freely ("libremente")
belongs it to the
King to name and dismiss
these Ministers.
If, in appointment, command
is involved, it is in
dismissal, yes or no, if I
pleased, were I an English Judge.

27.
Per 170, physical force
sufficient, justification
can not be wanting. Per 170
King's authority extends to
every thing that "conduces
"to the conservation of publicV order" in the interior,
and of the security of the
State in the exterior, conformably
to the Constitution
and the laws. Without
money, can either exigency
be provided for? What
Judge, whose hopes or
fears looked to Madrid,
would not answer in
the negative?

27.*
☞ [For English Edition, allusion
to Judge Bailey's enriching
virtue of taxation, Castlereagh's ignorant
impatience, Eldon's tears,
Erskine's fainting, Bailey's
Liturgy, Park's Sacrament.]

28.
Military force not sufficient,
Governor a cypher.
Military force sufficient,
greater expenditure
is first made, for a chance
of inadequate reimbursement,
after a civil war
in

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§. Constitutl Code purely for the dominion

28 contind.
in which the army will
have almost all the population
to contend with,
and nothing to recruit it.

29.
Against less than 3. Millions
of Americans, the
power of England failed.
Can Spain succeed better
against 12 millions or
more? in the teeth of those
principles of equality
which, by 4. and 13., she
is professing.

30.
In the Code, nothing is
there to hinder the Minister
from concurring in
giving to the Governor
powers ever so unlimited.

31.
Precedent, King's appointment
of Madrid Governor.
Jany. 1821: Counter
signature none. The appointment
continuing,
what Liberal would have
thought himself safe?
This in Madrid, chief
seat of public opinion,
center of popular force.
What if in Ultramaria?

32.
Money (suppose) levied
by Governor's sole authority:
complaint before
Ultramarian Judicatory,
question, levy lawful or
unlawful? Judge's hopes
and fears looking to Madrid.
Per Judge's decision, lawful:
Reason. Money none,
a prosperity how promoted?
Private injury swallowed
up

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§. Constitutl Code purely for the dominion

32. Contind.
up in public benefit.
Thereupon
1. On one side, Governor, with Army,
and under him all
functionaries with hopes
and fears looking to Madrid.
2. On the other, All other Ultramaria
authorities and people
at whose expence the
fortunes of the others
were to be made.

33.
To despotism, no words
more favourable than
these about promoting
prosperity. by what
means? By any and
all means. Parallel case,
roman decree, the Ne quid
detrimenti—c. That went
no further than prevention
of mischief: this extends
to promotion of
positive good. It goes beyond
preservation of
order – the function of the
allied despots.

34.
Impossible, concealment
of these sure means of
evasion from the eyes interested.
Except with Code, no operation
of Government:
no machinery, set up, kept
in action, or prevented
from falling to pieces.

35.
Impossibility of concealment
by castrated editions
of the Code.
1. The provisions thus paralyzing
the power could
not be separated from those
creating it.
2. By no Inquisition could
the uncastrated editions be
prevented

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prevented from appearing
and exposing the castrated.
Spanish Inquisition could
not keep out heresies, any
more than English, here-blasphemies.

36.
For bars to the profitableness
of the dominion, useless superfluous to refer to the
new lights, afforded by
the indiscriminate admission
of books(a), and
the promised system
of education: Sufficient
is the light afforded
by the Code. As soon
could men exclude the
sun's light as that.

36(a.)
1. Per Traveller, 5 March
1821. Order from Spain
for importation of all
books into Ultramaria
Liberal libraries, concealed
under the Inquisition,
appear in Caraccas.
2. Per Traveller 9 March
1821. Per Cortes, Vera Cruz
will be open to all nations.

Identifier: | JB/008/077/001 "JB/" can not be assigned to a declared number type with value 8.
Date_1	1821-03-16	Marginal Summary Numbering	26-36, 36a
Box	008	Main Headings	rid yourselves of ultramaria
Folio number	077	Info in main headings field	rid yourselves
Image	001	Titles	constitl code paralyses the dominion
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	john flowerdew colls	Watermarks	j whatman 1819
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1819
Notes public		ID Number	3181
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