JB/008/031/001

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1820 Aug. 26

§ Amendm Amendment impossible
§. 1. Cause 1 distance

1.
Brought to view, above,
the case of Appeal from
Creolia to Spain. i.e. demand
for amendment
in the departure of judicature
or individual cases.
Remains do. for do.
of legislation and administration.
In these it
is equally impossible
that, under the Constitution, proper provision
should be made.

Cause of the impossibility,
distance in
place and time.

2.
1. Legislation. To bring
to view all the cases wd. require violence volumes. Instead
of them, let each
man, in observation of
the occurrences calling
for fresh legislation in
Spain, and for which,
without much difficulty
or delay, proper provision
might there be made,
think how the like provision
could be made
were they to happen
in Peru, &c.

3.
Cause of demand for
legislation – prevention
or stoppage of mischief
including absence of
effectible good.

Requisites for apt legislation
1. To legislators, receipt
of adequate information
of the mischief
2. Deliberation for coice
of the remedy
3. Application of the remedy.

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§ Amendment impossible
Domination impossible §. Cause 1. - distance

4.
Consider the time necessary
for these operations.
1 For receipt of information
from Spanish America,
time, from 2 to 6
months.

Journeys necessary.
1. From seat of mischief
to do. of provincial government. 2. From do. to sea-port.
3. From do. to Spanish sea-port.
4. Time for procurement
and equipment of vessel
for packet.
5. From American to
Spanish sea port.
6. From do. to Madrid.

5.
II For transmission of
the law to the seat of the
mischief; items, 1. to 6.,
repeated.

6.
III. Time for deliberation.
1. Of the Cortes.
2. Of the Council of State –
King included.

7.
Principles of Government.
Absolute Monarchy Spanish,
when absolute, never
famed for promptitude.
(By addition of Cortes
and Council of State, the
promptitude is much
lessened.)

8.
Before the change, King
might have sent off a
law the day the confirmation
had been received.
For the time, in ordinary
cases, employed in Cortes's
deliberations, let observers
answer. So as to Council
and King.

§. 2. Cause 2 - Shortness of Cortes Sittings.

9.
Before the change, King
sat all the year. So since:
and so will Council.
But (per Art. 106.) Cortes
can sit but three months.
The more the business,
the less the time.

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§ Amendment impossible
Domination impossible
§. 2. Cause 2 Shortness of Cortes's Sittings.

10.
For the whole year, Spain
would furnish, for some
time after the change,
more business than could
be done in it. By the dominion,
the time would
be loaded with more business
than by Spain.

11.
Only by King or 2/3ds. of the
Cortes can one month be
added (107) by no power
any more.

12.
Permanent Comn. adds no time.
True per 157 to 160. chosen
by every Cortes before separation
is to be a permanent
Committee: by which, per 162,
may be convoked an Extraordinary
Cortes. But by neither
can acceleration be given
to ordinary Cortes business.

13.
Per 157. not in the interval,
between first and second
sitting of Cortes, can Committee
be chosen; only just before
"separation". This means dissolution.
For,
1. By 160. par 1. not by the Cortes
by which it was nominated
only to succeeding Cortes
can it report, viz. infringements
on the Constitution.
2. By par 3., powers are given
to it as per II1. and II2: sole
object, to which they refer, is
the meeting of the succeeding
Cortes: agenda, 1. On the arrival of the deputies; 2. On the
first preparatory meeting &c.

14.
Result. Point made that in
each, or in first, of the two
years, nine months, or at
least eight months, there shd.
be, during which, in legislation
and many other operations
to which Cortes alone
is competent, nothing shall
be done. King and Council
in full vigour.(a.)

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Identifier: | JB/008/031/001"JB/" can not be assigned to a declared number type with value 8.
Date_1	1820-08-26	Marginal Summary Numbering	1-14
Box	008	Main Headings	emancipation spanish
Folio number	031	Info in main headings field	emancipation spanish
Image	001	Titles	amendment impossible
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	3135
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