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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 dispubic monies; 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 if, at the expiration of that peministration, preservation, and expenditure riod, he shall have neither sanctioned nor of the public funds; 19th, To determine the rejected it, assent shall be understood as value, weight, standard, impression, and given, and granted accordingly.---146. One denomination of the circulating medium; 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 his consent, the same questhem; 224, 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 sucnarchy, 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 Majesty 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, eficctive; 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 termination 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 he omit doing it in this period, ly; admitting or negativing the whole, or it shall be understood as granted, 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 brought in again the may have been made in the discussion. same session.---151. Although, after the 139. No division of the Cortes can take King has refused to sanction a Bill, some place unless there be present, at least, years shall be passed without an attempt half, and one more, of its deputies; and being made to bring it in again, still, the question must be carried by the abso- should it be renewed during the sitting of late plurality of votes,-140. If, during the same deputation, before whom the oriany stage, a 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 upon, with year.-141. If it should 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. Fo.republished."---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

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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 elec-
of 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 con-
whom 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: 1st,
sanctioned, as follows: [Here, shall be li- When the crown becomes vacant; 2d,
terally inscribed the preamble of the Bill.] When, by any means, the King becomes
We therefore direct and command all tri- incapable of governing, or wishes to abdi-
bunals, justices, commanders, governors, cate the throne in favour of his successor;
and other authorities, 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 ad-
powers 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 trans-
lished, 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 meet-
preme authorities, and by them circulated 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 con-
seven members: three from the European cluded by the period appointed for the re-
provinces; 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 deputa-
same time, elect two supplementary mem-tion shall continue in the exercise of the
bers for this deputation: one for Europe,
the other for beyond the seas.---160. The
permanent deputation shall sit from the
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 Constitution and laws are duly 169. The King shall be styled, his Catho-
acted upon and obeyed, advising 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 ex-
traordinary Cortes, in the cases prescribed tends to whatever may conduce to the in-
by the Constitution; 3d, To execute the terior good regulation, and exterior secu-
functions directed in Art. 111 and 112;rity and defence of the State, consistently
4th, To notify to the supplementary de- with the laws and the Constitution.
puties when they are to attend, from in-

capacity of the originals; or, should cir

duties pointed out in Art. 111 and 112, under the circumstances expressed in the succeeding Article.

(To be continued.)

Printed and Published by J. MORTON, No. 94, Strand.

VOL. XXVI. No. 2.] LONDON, SATURDAY, JULY 9, 1814. [Price 1s.

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LORD COCHRANE.

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tion the throne for JUSTICE; to urge the liberation of his 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 to 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 Parliato 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 Lordship; for it was passed in the House, trat 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 should venture to give the meant as a measure of censure, but merely public the whole of his Lordship's defence. intended to give his constituents an oppor Having 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, therethose parts of Lord Cochrane's Statement fore, the Electors of Westminster do not which have already appeared in the daily again elect Lord Cochrane, this will be newspapers; and, as I formerly said, I equivalent to a declaration that they concannot believe that any man, after pe-sider him guilty, than which nothing would rusing that Statement, curtailed as it has be more unjust. If, however, they do rebeen, will hesitate in pronouncing his elect him, they will shew to Parliament, Lordship INNOCENT; except, indeed, and to the world, that they are entitled to as I then 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 INNOCENCE. The 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 contamount, in fact, to a declaration of his viction of the innocence of his 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 disstrenuous advocates for his expulsion. posed to respect his opinions, they never How then does the case stand? MY LORD had a more favourable opportunity than COCHRANE IS INNOCENT. Ought he, then, the present to shew this.-It will do credit.. to suffer the punishment of guilt? What to their judgment, to imitate the conduct is the duty of the country, particularly off of Sir Francis; while the election of the Electors of Westminster, in circum-another representative, in the place of stances so critical, so deeply involving the Lord Cochrane, will not only gratify the, LIBERTY of the SUBJECT, and so intimate- malice of his enemies, but give them a ly connected with the destribution of certain triumph over the Electors of WestJUSTICE?—It would be saying nothing to minster, who are the real parties they? say merely that Lord Cochrane ought not wish to degrade by the punishment of his to be punished. Justice demands that the Lordship. country should petition against the sen-t Since writing the above (which was sent tence: Justice, in a peculiar manner, calls to press on Thursday), I have learnt that the Electors of Westminster to exert a Meeting 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

upon

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minster in Parliament.---This Meeting has been called by the friends of my Lord Cochrane, amongst whom have been named Sir Francis Burdett, Major Cartwright, Mr. Brougham, and the greater part of the other respectable and independent Electors of Westminster. Supported by such a phalanx, I think there can be little doubt of Lord Cochrane's re-election.

HOUSE OF COMMONS, JULY 5. The order of the day was read for taking into consideration a charge affecting Lord Cochrane and Mr. Cochrane Johnstone.The SPEAKER enquired whether Lord Cochrane was in attendance, and was answered in the affirmative.-It was then ordered that he should be called in.

Lord COCHRANE then rose, and read the following statement.

Mr. Speaker. The circumstance under which I appear before you, and the House this day, entitle me, to, at least, a patient hearing. The unfortunate man, who, in the time of Cardinal Richelieu, was condemned to be racked and burnt, on the charge of practising magic, when protest ing his innocence and exposing the villainy of his accusers, while the fire was preparing before his eyes, was, to prevent his being heard by the people, struck upon the mouth with a crucifix, borne in the hand of a monk. This horrible judicial murder shocked all France and all Europe; but of all the circumstances attending it, the fabrication of evidence, the flagrant partiality of the judges, the cruelty of the sentence, the notorious falsehood of the charge, Two of the messengers were then exa- nothing produced so deep a sense of indigmined 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 torture 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 fare, Sir, though what I have now seen of where he was gone to. It did not appear

Lord COCHRANE then came into the house, and took his accustomed place.

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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 which 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 hearing all that I have to say in my defence.

stone.

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.

Mr. BROADHEAD then rose, and moved, that the copy of the conviction should be entered as read. This having been done accordingly, he was proceeding, when—

The SPEAKER said, that as the record of the conviction was itself the charge against the noble lord, he thought that the most regular course was, that the noble lord should now be called upon to say what he thought proper in answer to that charge, and that when he had so done, he should withdraw. Mr. BANKES thought that the record was the charge against two members of that House, and that as one had not thought proper to attend, the House should now proceed to consider the charge as against both members,

On the suggestion of the Speaker, the House proceeded to the charge against Lord Cochrane, and he was called upon for his defence.

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That the public in general have felt indignation at the sentence that has been passed upon me, does honour to their hearts, and tends still to make my country dear to me, in spite of what I have suffered from the malignity of persons in power. But, Sir, I am not here to complain of the hardships of my case, or about the cruelty of judges, who for an act which was never till now either known or thought to be a legal offence, have laid upon me a sentence more heavy than they have ever yet laid upon persons clearly convicted of the most horrid of crimes,-crimes of which nature herself cries aloud against the commission. If, therefore, it was my object to complain of the cruelty of my judges, I should bid the public look into the calendar, and see if they could find a punishment like that inflicted on me, inflicted by these same judges on any one of those unnatural wretches. It is not, however, my business to com

plain of the cruelty of this sentence. The House, Sir, will easily perceive, and every honourable man will, I am sure, participate in my feelings, that the fine, the imprisonment, the pillory, even that pillory to which I am condemned,-are nothing, that they weigh not as a feather when put in the balance against my desire to shew that I have been unjustly condemned.

of corruption; though the pension list, and the prize courts, had raised against me many enemies; though I was aware of the unquenchable thirst for revenge which I had excited in the breasts of many corrupt and hypocritical individuals; and especially, though I was aware of the offence which I had given to the grasping and never-pardoning phalanx of the law, by exhibiting to the world their frauds upon my ill-treated brethren of the

navy.

that they could cause me to be tried by a special jury. Dr. Johnson, in reference to the happier times which England had seen, has these verses:

In the first place, Sir, I here, in the presence of this House, and with the eyes of 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, repcated 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 no steps to put off the trial for a pearances of a judicial proceeding? 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 into a court of justice? Was it ever before known, that so regular, so systematic a scheme for exciting suspicion against a man, of implanting an immoveable prejudice against him in the minds of the whole nation, previous to the preferring a bill of indictment, in order that the Grand Jury, be composed of whomsoever it might, should be pro-disposed to find the bill? I ask you, Sir, and I ask the House, whether it was ever before known, that means like these were resorted to, previous to a man's being legally accused? But, Sir, what must the world think, when they see those to whom the welfare and the honour of the nation are committed covertly co-operating with a committee of the Stock Exchange becoming their associates in so nefarious a scheme? Nevertheless, Sir, this fact is now notorious to the whole world, I must confess that I was not prepared to believe the thing possible; though I was aware, indeed, that I had to expect from some of those in power whom I had in vain endeavoured to bring to justice, every thing that malignity could suggest and cunning perpetrate; though I was aware of my endeavours (though bumble) to expose the sources

"When sterling freedom circled Alfred's throne, "And Spies and Special Juries were unknown.”

When, Sir, I first read these lines, I was wholly ignorant of what special jury meant. I now understand the thing but too well; and I am not without hopes that that which has now been practised, and which could not have been practised without the aid of a special jury, may, in the end, be the means of totally extirpating that intolerable evil. A special jury is composed of 12 persons taken out of 48 persons, the whole of which 48 persons are selected by the Master of the Crown Office. It is notorious, Sir, that these special jurors follow the business as a trade; that they are paid a guinea each for every trial: that it is deem ed a favour to be put upon a special jury: list; that persons pay money to get upon that list; that if they displease the judge, care is taken to prevent them from serving again; or, in other words, to cut them off, or turn them out, from a profitable employ ment. And, is it this, Sir, which we call a jury of our country? Have I been tried

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