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each province ; 16th, To examine and ap- | the Cortes ;” accompanied by an exposiprove the returns of the receipts of the tion of the reasons which induced his dispa'sic munies ; 17th, To establish custom- sent.---145. The King shall be allowed houses, and the rates of duties ; 18th, To thirty days for the exercise of this prerogamake the necessary dispositions for the ad- tive; and it, at the expiration of that peministration, preservation, and expenditure riod, he shall have neither sanctioned bor of the public fu.ads; 19th, To determine the rejected it, assent shall be understood as value, weight, standard, impression, and given, and granted accordingly.---146. One denoinination of the circulating niedium ; of these Bills, whether sanctioned or not, 20th, To adopt the system of weights and shall be returned to the Cortes for their measures, which may appear to them most information, and be preserved in their just and convenient; 21st, To promote and archives ; the other shall remain in the encourage all descriptions of industry, and possession of the King.--- 147. If the - remove the obstacles which may check King refuse bis consent, the same questhem ; 22d, To establish a general plan of tion shall not be agitated in the Cortes public education throughout the whole mo- that year, but may be in the year suc'narchy, and approve that which is pursued ceeding.---148. If the same Bill shall be for the instruction of the Prince of brought before the Cortes, and regularly Asturias; 23d, To approve the regulations passed, the succeeding year, it shall be for the general health and police of the presented to the king, and either refused kingdom; 24th, To protect the political or sanctioned, according as his Niajesty liberty of the press; 25th, To make the may think fit; and, in case of dissent, it responsibility of the secretary of State, and shall not be brought forward again the other public officers, eticctive ; 26th, same year.--149. If it be brought forward Lastly, it belongs to the Cortes to give or a third year, and approved by the Cortes, refuse its consent to all those acts and cir- it shall be understood to have obtained bis cumstances, in which, according to the Majesty's assent,which, on being presented, Constitution, it may be necessary.---132. it shall receive accordingly.---150. If, Every deputy possesses authority to pro- before the expiration of the thirty days in pose new laws; doing it in writing, and which the King is to sign the Bill, the peexplaining to the Cortes the reasons upon riod for the termiration of the sessions which he founds their necessity.---138. should arrive, he shall give his ultimatum Having determined to come to a divi- the ninth day of the succeeding session; sion, it shall be proceeded to immediate and, should be omit doing it in this period, ly; admitting or negativing the whole, or it shall be understood as gravited, and given any part of the Bill; varying or modifying accordingly. Should the King refuse his it, according to the observations which assent, it may be broug!:t ia again the may have been made in the discussion.- same session.---15). Althoug!!, after the 139. No division of the Cortes can take King has refused to sanction a Bill, some place 'ualess there be present, at least, years shall be passed without an attempt Haii, and one more, of its deputies; and being made to bring it in again, still, the question must be carried by the a!so- should it be renewed during the sitting of late pluraity of votes,-140. If, during the same deputation, before whom the oriany stage, á Bill should be negatived, it ginal motion was made, or either of the shall be considered as thrown out, and can two succeeding, it shall be considered as not be brought forward again in the same falling under, and be proceeded upen, with year.--141. If it sheuld regularly pass respect to the royal assent, according to the into a law, a duplicate shall be formed, three preceding Articles: but if it should and officially read in the Cortes; and be permitted to remain until after the expiboth, being duly signed by the president ration of the sessions of the three deputaand two secretaries, shall, by a deputation, tions, then it shall, on being renewed, be be presented to his Majesty.–142. The treated, in every respect, as a new Bill--King possesses authority to sanction or 152. If, on being brought into the Cortes, reject the laws.---143. The King shall a second or third time, it should be thrown give his assent according to this form, out, then, on any future motion, it must under his sign manual : “ This may be be considered as a new Bill.---153. Forepublished."---144. The King shall refuse peal an act, the same course and ceremohis consent in the following manner, under nies must be pursued as to enact it.---154. his sign manual : “ It may be returned to A statute having regularly passed the
Cortes, the King shall be immediately in- | cumstances occur to render it absolutely formed thereof, for the purpose of promul- impossible, in either the original or sup gating the same.----155. The following plementaty, to assist, issue the requisite form, directed to the different secretaries instructions and directions for a new elecof State, shall be pursued by his Majesty, tion.----161. The Extraordinary Cortes in promulgating the laws: N. by the shall consist of the same deputies as those grace of God, and Constitution of the Spa- which are chosen for the regular Cortes nish Monarchy, King of all Spain, do during the two years of their deputation.--hereby make known unto all those to 162, The permanent deputation shall convzhom these presents may come greeting, voke the Extraordinary Cortes, fixing the that the Cortes have decreed, and we have day, in the three following cases : Ist, sanctioned, as follows: [Here shall be li- When the crown becomes vacant ; 2d, terally inscribed the prcamble of the Bill.] When, by any means, the King becomes We therefore direct and command all tri- incapable of governing, or wishes to abdibunals, justices, commanders, governors, cate the throne in favour of his successor; and other authoritics, civil, military, and the deputation being previously authorized ecclesiastical, of every class whatsoever, to to resort to such measures
as may be preserve, follow, comply with, and obey, deemed necessary to establish proof of his and cause to be preserved, followed, com- incapacity ; 3d, When, in consequence of plied with, and obeyed, this the above law, critical or important circumstances, it may in all and every of its branches, using their appear to the King requisite, and he adpowers and authorities to accomplish the vises the deputation to that effect.---163. same, and causing it to be printed, pub- The Extraordinary Cortes shall not transJished, and circulated.---156. All the laws act any business but that for which it was shall be transmitted by the secretaries of convened.----164. The same ceremonies State, by the command of his Majesty, to shall be observed on the opening and all and every of the supreme tribunals of closing the session of the Extraordinary, the provinces, other civil chiefs, and su- as of the regular Cortes.--165. The meetpreme authorities, and by them circitlated ing of the Extraordinary Cortes shall not among those of inferior descriptions.---- affect the election of new deputies at the 157. Before the prorogation of the Cortes, times prescribed.--- 166. If the session of a deputation shall be elected, consisting of the Extraordinary Cortes shall not be conseven members: three from the European cluded by the period appointed for the reprovinces ; three from those beyond the gular one to assemble, the functions of the seas; and the other by lot from both ; first shall immediately cease, and the other which shall be termed the Permanent De- shall close the affair for which that was putation.---159. The Cortes shall, at the convoked.--167. The permanent deputasame time, elect two supplementary mem- tion shall continue in the exercise of the bers for this deputation : one for Europe, duties pointed out iu Art. 111 and 112, the other for beyond the seas.----160. The under the circumstances expressed in the permavent deputation shall sit from the succeeding Article. dissolution of one Cortes until the meeting
Chap. IV. Of the King -- Art. 168. The of the other.---161. The duties of the per- King's person is sacred and inviolable ; manent deputation are: 1st, To observe neither is he responsible for any thing.whether the Constitusion and laws are duly 169. The King shall be styled, bis Catkoacted upon and obeyed, zdvising the suc- lic Majesty.–170. The exclusive power ceeding Cortes of the infractions they may of enforcing and rendering the laws effective have observed ; 2d, To convoke the Ex- resides in the King, whose authority extracrdinary Cortes, in the cases prescribed tends to whatever may conduce to the inby the Constitution ; 3d, To execute the terior good regulation, and exterior secufunctions directed in Art. 111 and 112; srity and defence of the State, consistently 4th, To notify to the supplementary de- with the laws and the Constitution. puties when they are to ailend, from incapacity of the originals; or, should cir
(To be continued.)
Printed and Published by J. MORTON, No. 94, Strand.
Vol. XXVI. No. 2.] LONDON, SATURDAY, JULY 9, 1814. [Price Is.
33] LORD COCHRANE. tion the throne for JUSTICE ; to urge the
liberation of bis Lordship upon the sole The interesting nature of the proceed- and clear ground of his INNOCENCE.-But ings in the House of Commons respecting the Electors of Westminster ought not 10 this gallant nobleman, has induced me to stop here. They are bound, in justice to devote the whole of this week's REGISTER Lord Cochrane, to return him to Parlia. to his case, in so far as I could publish it ment as their Representative.- I say, with safety; for it will be seen, from what in justice to his Lordslıip; for it was passed in the House, tlrat it was plainly distinctly stated in the House of Comhinted aner-officio would be preferred against mons, that the vote of expulsion was not any one, who shonld venture to give the meant as a measure of censure, but merely public the wimle of his Lordship's defence. intended to give his constituents an opporHaving no relish for any thing of this sort, tunity, by his re-election, of declaring their I have contented myself with publishing sentiments as to his innocence. If, there. mose parts of Lord Cochrane's Statement fore, the Electors of Westminster do not which have already appeared in the daily again cloct Lord Cochrane, this will be newspapers ; 261, as I formerly said, I equivalent to a declaration that tåey concannot believe that any man, after pe- sider him guilty, than avhich nothing would rusing that Statement, curtailed as it has be more unjust. f, however, they do rebeen, wij hesitate in pronouncing his elect him, they will shew to Parliament, Lordstip INNOCENT; except, indeed, and to the world, that they are entitled to as I the supposed, a personal enmity be the character, which they have always entertained against him. I never expected been ambitious of maintaining - The Pro any thing else than expulsion from the TECTORS OF INJURED INNOCE?:CE. Tbco, House of Commons; but I scarcely anti- example of Sir Francis Burdett, will, I cipated so great a minority in favour of his trust, have its due effect on this occasion. Lordship as what voted against the measure. He felt no hesitation in manfully declaring, The whole complexion of the debate is tan- in the House of Commons, his entire contumount, in fact, to a declaration of his viction of the innocence of høs Colleague. Lordship's innocence, which was not even if the Electors of Westminster really attempted to be questioned by the most esteem the worthy Baronet, and are dis. strenuous advocates for his expulsion. posed to respect his opinions, they never How then does the case stand? MY LORD bad a more favourable opportunity tban COCHRANE IS INNOCENT. Ought he, then, the present to shew this. It will do credit to suffer the punisbment of guilt? What to their judgment, to imitate the conduct is the duty of the country, particularly of of Sir Francis; while the election of the Electors of Westminster, in circum- another representative, in the pvce of stances so critical, so deeply involving the Lord Cochrane, will not only gratily the , LIBERTY of the SÚBJECT, and so intimate- malice of his enemies, but give thom a ly connected with the destribution of certain trinmph over the Electors of Westar, justice ?-It would be saying nothing to minster, who are the real parties they! say merely that Lord Cochrane ought not wish te degrade by the punishment of his to be punished. Justice demands that the Lordship. country should petition against the sen Since writing the above (which was sent tence: Justice, in a peculiar manner, calls to press on Thursday), I have learnt that: upon the Electors of Westminster to exert a Mecting of the Electors of Westminster, ' themselves, and that without a moment's will take place on Friday evening, in the delay, to avert the meditated degradation Crown and Anchor Tavern, for the purof his Lordship. Not to supplicate for pose of putting a person in nomination to mercy, as if he were guilty; but to peti- reprosent the City and Liberties of West
minster in Parliament.---This Meeting | Lord COCHRANE then pose, and read the
charge of practising magic, when protest.
ing his innocence and exposing the villainy HOUSE OF COMMONS, JULY 5. of his accusers, while thc fire was preparing The order of the day was read for taking before his eyes, waa, to prevent his being into consideration a charge affecting Lord heard by the people, struck upon the mouth Cochrane and Mr. Cochrane Johnstone. - with a crucifix, borne in the ḥand of a The SPEAKER enquired whether Lord monk, This horrible judicial murder Cochrane was in attendance, and was án- shocked all France and all Europe; but of svered in the affirmative.--It was then all the circumstances attending it, the faordered that he should be called in. brication of evidence, the flagrant partia
Lord COCHRANE then came into the lity of the judges, the cruelty of the senhouse, and took his accustomed place. tence, the notorious falsehood of the charge,
Two of the messengers were then exa- nothing produced so deep a sense of indig mined as to the service of the order to at- dation as the act of this execrable monk, tend that House on Mr. Cochrane John- who, not content with the tortạre and the stone. They both said that they had called death of the victim— not content with the at his house in Allsop's-buildings, but destruction of his body, was resolved to were informed that he had left it shortly pursue him even beyond the grave. Therebefore the trial, and that nobody knew fore, Sir, though what I have now seen of where he was gone to. It did not appear that they had left the order at the house. vinces me that cowardly malignity is not Some members of the House declared that the exclusive possession of monks, I trust the house at wbich the messengers had that on this day no means will be resorted called, No. 13, Alsop's-buildings, had been to to stifle my voice, or to prevent the pubthe late residence of Mr. Cochrane John- lic at large from hoaring all that I have to stone.
say in my defence. The SPEAKER thought it would be the I am not here, Sir, to bespeak compasbetter course to proceed at present with sion, or to pave the way to pardon. Both the charge against the noble lord who at- ideas are alike repugnant to my feelings.tended in his place.
That the public in general have felt indig: Mr. BROADHEAD tben rose, and moved, nation at the sentence that has been passed that the copy of the conviction should be upon me, does honour to their hearts, and entered as read. This having been done tends still to make my country dear to me, accordingly, he was proceeding, when in spite of what I have suffered from the
The SPEAKER said, that as the record of malignity of persons in power. But, Sir, the conviction was itself the charge against I am not here to complain of the hardships the noble lord, he thought that the most re- of my case, or about the cruelty of judges, gular course was, that the noble lord should who for an act which was never till now now be called upon to say what he thought either known or thought to be a legal proper in answer to that charge, and that offence, have laid upon nie a sentence more when he had so done, he should withdraw. heavy than they have ever yet ļaid upon
Mr. BANKES thought that the record persons clearly convicted of the most horwas the charge against two members of that rid of crimes,-crimes of whịch nature herHouse, and that as one had not thought pro- self cries aloud against the commission. If, per to attend, the House should now pro- therefore, it was my object to complain of ceed to consider the charge as against both the cruelty of my judges, I should bid the members,
public look into the calendar, and see if On the suggestion of the Speaker, the they could find a punishment like that in. House proceeded to the charge against Lord ficted on me, inflicted by these same judges Cochrane, and he was called upon for his on any one of those unnatural wretches. defence.
It is not, however, my business to com
plain of the cruelty of this sentence. The of corruption; though the pension list, and House, Sir, will easily perceive, and every the prize courts, had raised against me honourable man will, I am sure, participate many enemies; though I was aware of the in my feelings, that the fine, the imprison- unquenchable thirst for revenge which I ment, the pillory,—even that pillory to had excited in the breasts of many corrupt which I am condemned,--are nothing, that and hypocritical individuals; and especially, they weigh not as a feather when put in though I was aware of the offence which I the balance against my desire to shew that had given to the grasping and never-parI have been unjustly condemned. doning phalanx of the law, by exhibiting to
In the first place, Sir, I here, in the pre- the world their frauds upon my ill-treated sence of this House, and with the eyes of brethren of the navy: the country fixed upon me, most solemnly Care, however, was taken, Sir, that the declare that I am wholly innocent of the success of this base conspiracy should not crime, which has been laid to my charge, be exposed to the chances of failure from and for which I have been condemned to the jury not being of the right stamp. The the most infamous of punishments. Having indictment, if left to its fair regular course, repeated this assertion of my innocence, I would have been tried at the Sessions-house next proceed to complain of the means that at the Old Bailey, before a jury impartially have been made use of to effect my des taken, In that case, it would have been truction. And first, Sir, was it ever before what is called a Common Jury ; that is to known, in this, or in any other country, say, a jury whose names are taken promisthat the prosecutor should form a sort of cuously out of a box containing the names court of his own erection, call witnesses be- of the whole of the jurors, summoned for fore it of his own choosing, and under offers the trial of all the cases brought before of great rewards, takes minutes of the evi- the court during the sessions. I was ready dence of such witnesses, publish those mi- to meet the accusation before such a jury, nutes to the world under the forms and ap- I took po steps to put off the trial for a pearances of a judicial procceding? Was day. The indictment was removed from it ever before known, that steps like these the court before which it regularly came, were taken previous to an indictment, pre- into a court where the prosecutors knew vious to the bringing of an intended victim that they could cause me to be tried by a into a court of justice? Was it ever before special jury. Dr. Johnson, in reference known, that so regular, so systematic a to the happier times which England had scheme for exciting suspicion against a man, seen, has these verses:nam pf implanting an immoveable prejudice “When sterling freedom circled Alfred's thrope, against him in the minds of the whole na
“ And Spies and Special Juries were wknowa.' tion, previous to the preferring a bill of in When, Sir, I first read these lines, I was dictment, in order that the Grand Jury, wholly ignorant of what special jury meant. be composed of whomsoever it might, should I now understand the thing but too well ; be pre-disposed to find the bill? I ask and I am not without hopes that that which you, Sir, and I ask the House, whether it has now been practised, and which could not was ever before known, that means like have been practised without the aid of a these were resorted to, previous to a man's special jury, may, in the end, be the means being legally accused? But, Sir, what of totally extirpating that intolerable evil. must the world think, when they see those A special jury is composed of 12 persons to whom the welfare and the honour of the taken out of 48 persons, the whole of nation are committed covertly co-operating which 48 persons are selected by the Maswith a committee of the Stock Exchange ter of the Crown Office. It is notorious, becoming their associates in so nefarious a Sir, that these special jurors follow the schemę? Nevertheless, Sir, this fact is business as a trade ; that they are paid a now notorious to the whole world, I must guinea each for every trial : that it is deemia confess that I was not prepared to believe ed a favour to be put upon a special jury: the thing possible; though I was aware, list'; that persons pay money to get upon indeed, that I had to expect from some of that list.; that if they displease the judge, those in power whom I had in vain endea care is taken to prevent them from serving voured to bring to justice, every thing that again ; or, in other words, to cut them off, malignity could suggest and cunning perpe- or turn them out, from a profitable employin trate; though I was aware of my endea- ment. And, is it this, Sir, which we call vours (though bumble) to expose the sources a jury of our country? Have I been tried