Page images

said cortes. There shall be eight The lord chancellor afterwards secretaries of state, including two waited upon ihe prince regent, and for South and North America; laid before his royal highness the they shall be responsible for the minutes of the proceedings. affairs of their respective depart. ments, and the remuneration which Report of the queen's council, held at they shall receive shall be deter

Windsir, Salurday, Oct. 5, 1811. ' mined by the cortes. A council of That the state of his majesty's state shall be formed, consisting of health, at the time of this meeting, 40 members : four of this number is not such as to enable his majesty are to be grandees of Spain of ac. to resume the personal exercise of knowledged merit and virtue ; four his royal authority; that his maecclesiastics, of which two shall be jesty's bodily health does not appear bishops; twelve Americans; the to be much altered since the date remaining twenty members to be of our last report; but that his chosen from among the most re- majesty's mental health does appear spectable citizens of the other classes to be considerably worse than it of the community. This council was at the time of our last report. shall meet every year on the first From all the circumstances of of March, and shall sit during the case, his majesty's recovery is three months. This period can represented as very imiprobable by only be extended on the request of all the physicians in attendance the king, or for some reason of upon his majesty, .excepting one, great urgency. In such cases the who still thinks it probable ; but, session may be prolonged, but not at the same time, looking to his beyond one month.

majesty's faculties, the remaining The cortes. The election of the vigour of his constitution and bocortes shall take place conformably dily health, a few of the medical to the mode prescribed by the con persons in attendance represent stitution, and one deputy shall be that they do not despair, and the chosen for each 70,000 souls. The majority of the physicians that they sittings of the cortes shall be opened do not entirely despair of his maby the king, or in his name, by the jesty's recovery president of the deputation of the cortes, which ought to remain per

SOUTH AMERICA. manent, in order to watch over the THE DECLARATION OF RIGHTS OF fulfilment of the constitution. THE PROVINCES OF THE CARACCAS.

The supreme congress of VeneHIS MAJESTY'S HEALTH.

zuela, in its legislative session for The queen's third quarterly the province of Caraccas, taking council, consisting of the arch. into consideration that tothe neglect bishops of Canterbury and York, and disregard of the rights of man, the lord chancellor, the duke of which have hitherto prevailed, Montrose, earls Winchilsea and must be ascribed all those evils Aylesford, and lord Ellenborough, which this people have endured for assembled at Windsor Castle on three centuries past; and actuated Saturday, October the 5th, con- by the desire of re-establishing formably to the regency act, before those sacred principles on a solid which his majesty's physicians basis, has resolved, in obedience to underwent a long examination. the general will, to declare, and



doth now solemnly declare, in the public shall not be passed over with presence of the universe, these impunity ; because no individual rights inalienable ; to the end that has a right to become more inviolaevery citizen may at all times com- ble than another. pare the acts of the government 7. The law shall be equal for with the purposes of the social in- all, to punish crimes, and to restitutions; that the magistrate may ward virtues, without distinction of never lose sight of the rules by birth or hereditary pretensions. which his conduct must be regulat Righis of man in society. ed; and ihat the legislator may 1. The purpose of society is the in no case mistake the objects of common happiness of the people, the trust committed to him. and government is instituted to see

Sovereignty of ihe people. cure it. 1. The sovereignty resides in the 2. The felicity of the people people, and the exercise of it in the consists in the enjoyment of liberty, citizens, by the medium of the security, property, and equality of right of suffrage, and through the rights, in the presence of the law. agency of their representatives 3. The law is formed by the free legally constituted.

and solemn expression ofthe general 2. Sovereignty is by its essence will, declared by agents whom the and nature imprescriptible, inalien- people elect to represent their will. able, and indivisible.

4. The right to declare their 3. A portion only of the citizens, thoughts and opinions, through the even with the right of suffrage, medium of the press, is unrestraincannot exercise the sovereignty ; ed and free, under responsibility to every individual ought to partici- ihe law for any violation of the pate by his vote in the formation of public tranquillity, the religious the body which is to represent the opinions, property and honour of sovereign authority, because all the citizen, have a right to express their will 5. The object of the law is to with full and entire liberty. This regulate the manner in which the principle alone can render the con- citizens ought to act upon occastitution of their government legi. sions, when reason requires that timate and just.

they should conduct themeselves 4. Any individual, corporate not merely by their individual body, or city, which attempts to judgement and viil, but by a comusurp the sovereignty, incurs the mon rule. crime of treason against the people. 6, When a citizen submits his

5. The public functionaries shall actions to a law which his judgehold their offices for a definite ment does not approve, he does period of time, and the investiture not surrender his right nor his with a public function shall not at reason, but obeys the law because tach any other importance or in- he should not be influenced by his fluence than what they acquire in own private judgement against the the opinion of their fellow-citizens, general will to which he ought to by :he virtues they may exercise conform. Thus the law does not whilst occupied in the service of exact the sacrifice of reason, nor the republic.

the liberty of those who do not 6. Crimes committed by the re. approve it, because it never makes presentatives and agents of the re- an attempt upon libertyacanless


where the latter violates social 16. No person shall be sentenced order, or swerves from those prin- or punished withcui a legal trial, in ciples which determine that all virtue of a law promulgated preshall be governed by one common viously to the offence. Any law rule or law.

which punishes crimes committed 7. Every citizen cannot hold an previous to its exis:ence, is tyranniequal power in the formation of cal. A retroactive effect assumed the law, because all do not equally by the law is a crime. contribute to the preservation of 17. The law shall not decree any the state, to the security and tran- punishment not absolutely necesquillity of society.

sary, and that shall be proportion8. The citizens shall be ranged ate to the crime, and useful to in two classes; the orle with the society. right of suffrage, the other without 18. Security consists in the pro. it.

tection afforded by society to each 9. Those possessing the right of. of its members, for the preservation suffrage are such as are establishe] of his person, his rights, aud his in the territory of Verezuela, of property. . whatever nation they may be, and 19. Every individual possesses they alone constitute sovereignty. the right to acquire property, and

10. Those not entitled to the to dispose of it at will, unless his right of suffrage are such as have will be contrary to a previous comno certain place of residence; those pact, or to law. without property, which is the 20. No kind of labour, art, in. support of society. This class, dustry, or commerce, shall be nevertheless, enjoys the benefits of prohibited to any citizen, save only the law, and its protection, in as such establishments as may be refull a measure as the other, but quired for the subsistence of the without participating in the right state. of suffrage.

21. No one can be deprived of - 11. No individual can be accus. the least portion of his property ed, arrested, or confined, unless in without his consent, except when cases explicitly pointed out by law. the public necessity requires it, and

12. Every act exercised against a then under the condition of a just citizen, without the formalities of compensation. No contribution the law, is arbitrary and tyran- can be required and established, unnical.

less for the general utility. Every 13. Any magistrate who decrees citizen entitled to suffrage, has or causes an arbitrary act to be ex. the right, through the medium ecuted, shall be punished with the of his representatives, to advise severity the law prescribes.

and consult on the establishment 14. The law shall protect public of con-ributions, to watch over their and individual liberty against op application, and to require an acpression and tyranny,

count of the same from those he 15. Every citizen is to be re. has elected as his representatives, garded as innocent, until he shall 22. The liberty of claiming one's have been proved culpable. If it rights, in the presence of the depo. . become necessary to secure his sitories of the public authority, in person, unnecessary. rigour for the no case can be withheld, nor conpurpose shall be repressed by law, fined to any particular citizen.

(04) 23 There

23. There is individual oppreso others the good which you would sion, when one member of society they should render onto you.* is oppressed ; there is also the op. “ Do not unto another that sich pression of a number, when the you do not wish to be done social body is oppressed. In these you." caws the laws are violated, and the 2. The duties of every iadividaal citizens have a right to demand the with respect to society, are : to observance of the laws.

live in absolute submission to the 24. The bouse of every citizen is laws to obey and respect the legal an inviolable asylumn. No one has acts of the constituted authorities a right to enter it violently; except to maintain liberty and equality in cases of conflagration, deluge, to contribute to the public expenses or application proceeding from the -to serve the country in all its same house ; or for objects of cri. exigencies and, if it becomes minal proceedings in the cases and necessary, to render to it the sacri. with the essentials determined by fice of property and life : in the law, and under the responsibility of exercise of these virtues consists the constituted authorities who have genuine patriotism. issued the decice. Domiciliary 3, Whoever openly does, viovisits, and civil executions, shall lence to the laws--whoever endeatake place only in open day, in vours to elude them-declares him. virtue of the law, and with respect self an enemy to society. to the person and object expressly 4, No one can be a good citi. pointed out in the act, authorising zen, unless he be a good parent, such visitation and execution. a good son, a good brother, a good

25. Every foreigner, of whatever friend, and a good husband, nation he may be, shall be received 5. No man can be a man of and admitted into the state of Vene- worth, unless he be a candid, faithzuela.

ful, and religious observer of the 26. The persons and properties laws: the exercise of private and of foreigners shall enjoy the same domestic virtues is the basis of pubsecurity as the native citizens, pro, lic virtue. vided always that they acknow, Duties of the social body. ledge the sovereignty and indepen. 1. The duty of society with redence, and respect the catholic re, spect to its individual members is ligion, the only one in this country. the social guarantee. This consists

27. The foreigners who reside in in the obligation on the whole to the state of the Caraccas, becoming secure to eyery individual the enjoy. naturalized and holding property, ment and preservation of his rights, shall enjoy all the rights of citizen, which is the foundation of the nashipa

cional sovereignty. Duties of man in society.

2. The social guarantee cannot 1. The rights of others, in rela: exist, unless the law clearly derion to each individual, have their termines the bounds of the powers limit in the moral principle which vested in the functionaries; nor determines their duties, the fulfil. when the responsibility of the public ment whereof is the necessary effect functionaries has not been expressly of the respect due to the rights of determined and defined. each of the individuals. Their basis 3. Public succour is a sacred are these maxims :-" Render to duty of society; it ought to provide

for the subsistence of the unfor- money were not made, that the sum tunate citizens, either by ensurir.g of 500,0001. should be forthwith employment to those who are issued for the service of the navy : capable of acquiring means of sub- And whereas during thecontinuance sistence, or else by affording the of his majesty's indisposition, and means of support to such as cannot previous to any authority being acquire it by labour.

obtained by act of parliament to CORRESPONDENCE BETWEEN THE authorize the signature of his majes.

LORDS OF HIS MAJESTY'S TREA- ty's name or the application of his SURY AND THE AUDITOR OF THE privy seal, the ordinary and accusEXCHEQUER, RESPECTING THE tomed mode of issuing money out ISSUE OF MONEY FOR THE SER- of the exchequer cannot be pursued:

VICE OF THE ARMY AND NAVY. and whereas by the said recited act No. 1.- Warrant - 500,0001. - certain sums therein mentioned are

bank of England; on account of directed to be issued and applied for the treasurer of the navy. and towards making good the sup-

After our heartycommendations: ply granted to his majesty ; and the -Whereas by an act passed in the commissioners of his majesty's trealast session of parliament, entitled, sury, now or for the time being, or “ An act for granting to his majesty any three or more of them, or the certain sums of money out of the high treasurer for the time being, consolidated fund of Great Britain, are or is thereby or by other acts and for applying certain moneys therein recited, authorised and emtherein mentioned, for the service powered to issue and apply the same of the year 1810, and for further accordingly: These are therefore, appropriating the supplies granted under the particular exigency of the in this session of parliament,” the case, to prayand require you to draw sum • 19,237,934). 5s. 11d. was an order for paying under the gogranted to his majesty, for and vernor and company of the bank of towards the naval services therein England, upon account of the right more particularly mentioned: and honourable George Rose, treasurer whereas it appears by a joint resolu- of his majesty's navy, or of the trea. tion of the houses of lords and com- surer thereof for the time being, any mons, that" his majesty is prevent- sum or sums of money not exceeded by his present indisposition from ing in the whole the sum of five coming to his parliament, and from hundred thousand pounds, by way attending to public business, and of imprest and upon account, for that the personal exercise of the the service of the navy and the vicroyal authority by his majesty is tualling thereof; and let the said thereby for the present interrupted:” order be satisfied out of any the treaand whereas it is indispensably ne. sure or revenue in the receipt of the cessary for his majesty's service, exchequer, applicable to the uses that the sums granted as aforesaid and purposes above mentioned : for should be issued and applied for the which this shall be your warrant, purposes authorized by the said act; Whitehall treasury chambers, the and that for the urgent and pressing 31st day of December, 1810. demands of the navy it is necessary, Sp. Perceval, W. Brodrick, in order to prevent the manifest W. Eliot, S. Barne, B. Paget. and serious injury which the public To the auditor of the receipt of service would sustain if such issue of his majesty's exchequer.

No. 11.


« PreviousContinue »