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<p><head>1821 March 15 Revised 16<hi rend="superscript">th</hi><lb/> | |||
'' | Rid Yourselves</head></p> | ||
<p><head>§. Constitut<hi rend="superscript">l</hi> Code purely for the dominion.</head></p> | |||
<p>14.<lb/> | |||
If, while a Representation<lb/> | |||
is framing, or on its way,<lb/> | |||
the money is to be levied,<lb/> | |||
the right of Representation<lb/> | |||
is useless: unless, on the<lb/> | |||
Representation being found<lb/> | |||
just, the money, with interest,<lb/> | |||
is refunded; which<lb/> | |||
is not to be expected.</p> | |||
<p>15.<lb/> | |||
Theories on which the<lb/> | |||
project for drawing money<lb/> | |||
from Ultramaria<lb/> | |||
to Spain by force of the<lb/> | |||
Constitutional Code must<lb/> | |||
have been grounded.<lb/> | |||
1. Ultramaria upon which –<lb/> | |||
2. Rope from one to the other, &c.</p> | |||
<p>16.<lb/> | |||
<add>But</add> Per defender of the claim<lb/> | |||
disobedience is provided<lb/> | |||
against. Per 336,<lb/> | |||
Provincial government's<lb/> | |||
power abused, (and non<lb/> | |||
use is abuse) King may<lb/> | |||
suspend every one of the<lb/> | |||
9 Members: this done, for<lb/> | |||
securing a majority, he<lb/> | |||
has, per 329, the 3 <hi rend="underline">Members<lb/> | |||
of reserve</hi>.</p> | |||
<p>17.<lb/> | |||
For giving effect to this<lb/> | |||
resource, addition to the<lb/> | |||
theory is necessary. Say –<lb/> | |||
1. Suspending rope from<lb/> | |||
Madrid to each Ultramaria<lb/> | |||
province. | |||
2. Power of modelling<lb/> | |||
the hearts of these three.<lb/> | |||
3. Power, on their parts,<lb/> | |||
of being cut into <hi rend="underline">seven</hi>,<lb/> | |||
to <hi rend="underline">outnumber</hi> the six<lb/> | |||
refractory.</p> | |||
<pb/> | |||
<p><head>§. Constitut<hi rend="superscript">l</hi> Code purely for the dominion.</head></p> | |||
<p>18.<lb/> | |||
See the labyrinth which<lb/> | |||
your legislators have made<lb/> | |||
for themselves, and in<lb/> | |||
which they have lost<lb/> | |||
their wits!<lb/> | |||
Yet no advice will<lb/> | |||
they receive. For supply<lb/> | |||
to deficiency of skill,<lb/> | |||
they burst to pertinacity.</p> | |||
<p>19.<lb/> | |||
For support to this weakness,<lb/> | |||
despotism at bottom.<lb/> | |||
Despot, the Governor<lb/> | |||
sent from Spain.<lb/> | |||
Appointer, King without <lb/> | |||
check. 171. <del>Ch.</del> <add>Clause</add> 5.</p> | |||
<p>20.<lb/> | |||
True, by 225, all "<hi rend="underline">orderies</hi>"<lb/> | |||
ought to be confirmed by<lb/> | |||
Secretary of the department:<lb/> | |||
else, neither tribunal nor<lb/> | |||
public person shall give<lb/> | |||
accomplishment. But,<lb/> | |||
per 171. Ch.5, King may<lb/> | |||
change this Secretary<lb/> | |||
till he finds a complying<lb/> | |||
one, as on 2<hi rend="superscript">d.</hi> March 1821,<lb/> | |||
when all went out.</p> | |||
<p>21.<lb/> | |||
To the powers of the Governor,<lb/> | |||
acting singly, limits<lb/> | |||
none.</p> | |||
<p>22.<lb/> | |||
To the powers of the <hi rend="underline">nine</hi><lb/> | |||
Members of the Provincial<lb/> | |||
deputation, of which he is<lb/> | |||
one, limits none, except<lb/> | |||
by the special powers enumerated,<lb/> | |||
and the general<lb/> | |||
power to promote prosperity.<lb/> | |||
By those who do<lb/> | |||
wish for <del>any</del> <add>no</add> other power<lb/> | |||
than enumerated, the<lb/> | |||
general power will be<lb/> | |||
understood to be limited<lb/> | |||
by them: by those who do<lb/> | |||
<hi rend="underline">not</hi>, not.</p> | |||
<pb/> | |||
<p><head>§. Constitut<hi rend="superscript">l</hi> Code purely for the dominion.</head></p> | |||
<p>22 continued.<lb/> | |||
By the Governor, not:<lb/> | |||
In case of necessity, he<lb/> | |||
will take upon himself<lb/> | |||
singly to "<hi rend="underline">promote the<lb/>"prosperity</hi>" of the province.<lb/> | |||
<add>Though</add> Not even by this <del>a</del> limitation<lb/> | |||
is his power bounded.</p> | |||
<p>23.<lb/> | |||
For concurring in the<lb/> | |||
appointment of a mischievously<lb/> | |||
despotic Governor,<lb/> | |||
(<add>say</add> a Duke of Alva)<lb/> | |||
no penal responsibility<lb/> | |||
can attach upon a <hi rend="underline">Minister</hi>.<lb/> | |||
Unimpeachable<lb/> | |||
were <add>certainly</add> the Governor's <hi rend="underline">professions</hi>, and perhaps his<lb/> | |||
antecedent <hi rend="underline">conduct.</hi> Punish<lb/> | |||
A. for B's breach<lb/> | |||
of promise?</p> | |||
<p>24.<lb/> | |||
Per 225. "<hi rend="underline">Orderies</hi>" may<lb/> | |||
afford means of evading<lb/> | |||
the necessity of a Minister's<lb/> | |||
concurrence in the<lb/> | |||
appointment of a Governor. "<hi rend="underline">Orderies</hi>" means (it<lb/> | |||
may be said) nothing but<lb/> | |||
<hi rend="underline">commands, orders.</hi><lb/> | |||
Per 171. <del>Ch.</del> <add>Clauses</add> 4 & 516, <hi rend="underline"><foreign>nombrar</foreign></hi><lb/> | |||
is the word, where to <hi rend="underline">appoint</hi><lb/> | |||
to an office is meant.<lb/> | |||
<hi rend="underline">Order</hi> may mean or<lb/> | |||
not mean appointm<hi rend="superscript">t.,</hi><lb/> | |||
as a judge pleases. In<lb/> | |||
an appointment are<lb/> | |||
included commands | |||
See Dumont Traite's &c.</p> | |||
<p>25.<lb/> | |||
No difficulty would<lb/> | |||
an English judge find<lb/> | |||
in construing it either way.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1821 March 15 Revised 16th
Rid Yourselves
§. Constitutl Code purely for the dominion.
14.
If, while a Representation
is framing, or on its way,
the money is to be levied,
the right of Representation
is useless: unless, on the
Representation being found
just, the money, with interest,
is refunded; which
is not to be expected.
15.
Theories on which the
project for drawing money
from Ultramaria
to Spain by force of the
Constitutional Code must
have been grounded.
1. Ultramaria upon which –
2. Rope from one to the other, &c.
16.
But Per defender of the claim
disobedience is provided
against. Per 336,
Provincial government's
power abused, (and non
use is abuse) King may
suspend every one of the
9 Members: this done, for
securing a majority, he
has, per 329, the 3 Members
of reserve.
17.
For giving effect to this
resource, addition to the
theory is necessary. Say –
1. Suspending rope from
Madrid to each Ultramaria
province.
2. Power of modelling
the hearts of these three.
3. Power, on their parts,
of being cut into seven,
to outnumber the six
refractory.
---page break---
§. Constitutl Code purely for the dominion.
18.
See the labyrinth which
your legislators have made
for themselves, and in
which they have lost
their wits!
Yet no advice will
they receive. For supply
to deficiency of skill,
they burst to pertinacity.
19.
For support to this weakness,
despotism at bottom.
Despot, the Governor
sent from Spain.
Appointer, King without
check. 171. Ch. Clause 5.
20.
True, by 225, all "orderies"
ought to be confirmed by
Secretary of the department:
else, neither tribunal nor
public person shall give
accomplishment. But,
per 171. Ch.5, King may
change this Secretary
till he finds a complying
one, as on 2d. March 1821,
when all went out.
21.
To the powers of the Governor,
acting singly, limits
none.
22.
To the powers of the nine
Members of the Provincial
deputation, of which he is
one, limits none, except
by the special powers enumerated,
and the general
power to promote prosperity.
By those who do
wish for any no other power
than enumerated, the
general power will be
understood to be limited
by them: by those who do
not, not.
---page break---
§. Constitutl Code purely for the dominion.
22 continued.
By the Governor, not:
In case of necessity, he
will take upon himself
singly to "promote the
"prosperity" of the province.
Though Not even by this a limitation
is his power bounded.
23.
For concurring in the
appointment of a mischievously
despotic Governor,
(say a Duke of Alva)
no penal responsibility
can attach upon a Minister.
Unimpeachable
were certainly the Governor's professions, and perhaps his
antecedent conduct. Punish
A. for B's breach
of promise?
24.
Per 225. "Orderies" may
afford means of evading
the necessity of a Minister's
concurrence in the
appointment of a Governor. "Orderies" means (it
may be said) nothing but
commands, orders.
Per 171. Ch. Clauses 4 & 516, nombrar
is the word, where to appoint
to an office is meant.
Order may mean or
not mean appointmt.,
as a judge pleases. In
an appointment are
included commands
See Dumont Traite's &c.
25.
No difficulty would
an English judge find
in construing it either way.
|
Identifier: | JB/008/076/001"JB/" can not be assigned to a declared number type with value 8. |
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1821-03-15 |
14-25 |
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008 |
rid yourselves of ultramaria |
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076 |
rid yourselves |
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001 |
constitl code paralyses the dominion |
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marginal summary sheet |
1 |
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recto |
d2 / e1 |
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john flowerdew colls |
j whatman 1819 |
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jonathan blenman |
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1819 |
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3180 |
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