Search results

Title: Back cover
Text: Pe <c4s �

Title: End papers
Text: ala a ae eee aR inn nati a ele ee I MASSA SL df LU tpiceeh spay, er ee : 5 er eee SS LD SS SDPO OORT MR TONED TOO ee) �

Title: Library pocket glued on sheet
Text: : �

Title: Blank recto sheet
Text: that neil dl Hs ta ala haba la ate at Ant hat Pitt �

Title: Blank verso sheet
Text: bowed mp Seto tet sd Ont in t i cedietiaidhaiditiaidial dt tamed amend aanete faa ah �

Title: Page 0107 (Criminal proceedings against Pablo Lopez)
Text: - i aia er eee ee er OO E e e 107 the only question, therefore, is as to the best means of carrying the latter into effect. The Board of Public Credit
Show more- i aia er eee ee er OO E e e 107 the only question, therefore, is as to the best means of carrying the latter into effect. The Board of Public Credit are right in stating that they cannot dispose of the property attached to that establishment; and, as public credit is grounded on an absolute confidence, if once part of that property is taken from the said esta- blishment, all confidence will be lost. But there is a middle course, which is to authorise the Government to afford from the treasury the amount of the value of the house, as well as a capital stock, equivalent to the annuity granted to Pablo Lopez, for I can find no reason to alter the resolution of the Cortes. The expression used by Sen. Romaro de Alprente that that individual was a man hanged, but yet alive amongst us, is exact. And since there is no reasonable motive for the Congress re- voking their resolution, and, on the other hand, the ob- servations made by the Board of Public Credit are cor- rect, I believe that the Cortes ought to direct that the Treasury should provide the necessary funds for the purpose in question. “ The point was then declared sufficiently discussed upon, and the resolution proposed by the Committee adopted, with the following amendment, made by Sen. Diar del Moral : that the pension granted to Pablo Lopez be revertible to bis wife and children. FINIS. ee —— eee eae eam aetna rae miasentemrianerntenittttinte �
Show less

Title: Page 0106 (Criminal proceedings against Pablo Lopez)
Text: 106 ought not to go back from what has been already done in the grant of a reward which is to be of everlasting memory. Where is the propriety of
Show more106 ought not to go back from what has been already done in the grant of a reward which is to be of everlasting memory. Where is the propriety of conferring a situ- ation under Government to one who cannot effectually discharge its duties ? Let, therefore, the moderate reward already granted by the Cortes be carried into effect, for I believe that Pablo Lopez will be well satisfied with any if, granted to him by the Congress, while he may a perhaps reject it from the hands of Government. Sen. Almero Alprente : We are called upon to decide as to the fulfilment of a resolution of the Congress, the most worthy not only of the generosity, but also of the justice of the Spanish nation. The individual who is the subject of this discussion has been hanged for his love to the country ; an expression which I may be properly allowed to use, as he did fully drink out the cup of bitterness attending that punishment. The Go- vernment has been directed to discharge the obligations which the nation was laying under towards that indivi- dual, and the Board of Public Credit are right in their remonstrances on the subject: but the Cortes can make an exception to any general rule. Why not fulfil what has already been promised ? My opinion is that the former resolution of the Cortes ought to be carried into effect, and that Pablo Lopez should not be deprived of the house granted to him, with the inscription ordered upon the same, as it will reflect honor, not only to him and his family, but likewise to the whole Spanish nation. This is not now the cause of that individual but of the country, which ought to exert itself in shewing its gra~ titude : and since it has already rewarded so many others, it is just that it should also do now the same to one who is not less meritorious than all of them. | : Sen. Diar del Morall : There is no answer, in my opi- nion, to what has been stated by the honorable members who have preceded me; but, as it is indispensable to give punctual effect to the decrees of the Cortes, which forbid the application of the property assigned to the Public Credit to any other object, and, on the other hand, there is no reason for making any alteration in the reward granted by the Congress to Pablo Lopez ; rs �
Show less

Title: Page 0105 (Criminal proceedings against Pablo Lopez)
Text: ed 105 « The Minister of Finances has laid by order of the King before the Cortes the preceding statement for their consideration, and the Committee
Show moreed 105 « The Minister of Finances has laid by order of the King before the Cortes the preceding statement for their consideration, and the Committee of Rewards and Fi- nances, united, find it perfectly grcunded ; but, consi- dering on the one hand that all the existing national property out of which the remuneration granted by the Cortes might be carried into effect, as well as that which may accrue, in consequence of the reforms now pending in the Congress, 1s wholly applied to the ex- tinction of the public debt, and on the other hand that it is indispensable to give effect in the less prejudicial and more expedient possible manner to the resolution of the Cortes, are of opinion that a pension for life of 8,000 rials might be granted to Pablo Lopez, on the public treasury or upon any of the funds attached to the same, recommending him at the same time to Government, in order that he may be placed when opportunity offers in a suitable situation, to indemnify him for the grant of the Hlouse made by the Cortes, and the salary of which shall not be for the same reason incompatible with the pension. 3 7 : This report having been read, Sen, Silves said, that the Committee had no interest in supporting it, but that having seen the communication from Government which had given occasion to it, they had acknowledged the just grounds of the observations made by the national board of public credit, as to their inability to dispose of the existing public property in Malaga, it being ab- solutely applied to the payment of the creditors of the State. Sen. Quiroga: The Cortes have already decreed and granted the reward due to the merit of the worthy Pa- triot in question, and have signified what that remune- ration is to be; they therefore cannot now g0 back. The reward now proposed by the Committee is inade- quate to what that Patriot deserves, and to the distin- guished services by him performed. A pecuniary re- muneration and employment under Government is not a fit reward to those who have sacrificed themselves for the country. I am not here advocating my own cause - my object is merely to show that the national Congress a a anaes si cn on nn = “ST te ? Bb; RTE PREY 7 3H cae �
Show less

Title: Page 0104 (Criminal proceedings against Pablo Lopez)
Text: - ae : a - - . . $. cf . ee ee 104 vellon, should be given him out of the public funds in that City, and that he was to receive besides out of the
Show more- ae : a - - . . $. cf . ee ee 104 vellon, should be given him out of the public funds in that City, and that he was to receive besides out of the same public property a capital stock, the interest on which should amount to 8,000 rials. « That resolution was passed to the Minister of Fi- nances, who, inferring from the expression public funds ! that it had reference to the public credit, communicated a it to the Board, charged with the direction of that esta- J ee blishment ; and the said Board in consequence of such “9 Bd communication, represented to the Minister on the 2\1st, | stating, that although they wished to have it in their power to carry at once into effect a resolution in which the Congress should shew their high sense of Justice,they however conceived that its execution could not be in- cumbent upon them, as there was no question in this case of paying any of the debts specified under the title of pubéic debts, but only of remunerating the Pa- triotic merits of Pablo Lopez, and such was not the ap- Ce plication given to the funds aud property of the esta- ia blishment ; which could not be chargeable with giving effect to that remuneration, for being exclusively applied to the payment of the debt of the State, any other bur- then laid upon them was irrelevant and destructive of that confidence which is the support of public credit ; and they added that although the donimation of public funds comprehended all those who belonged to the State, inclusive of those of the public credit, the reso- fe lution of the Cortes could not be applicable to the ae latter, since they were specifically and invariably des- Hi tined to the payment of the public debt, as well as the af property from which they are derived; and that there- fore no debt which was not strictly a debt of the State could be paid out of the said funds, in conformity with the solemn promises made to the public creditors by all the Decrees and regulations issued on the subject ; a principle which ought to be most punctually and scru- pulously adhered to, as the only way of re-establishing the confidence of the nation, facilitating the means to pay the public creditors, and consolidating the credit of the State. Seen eee coats erm ee ee te eed a ee Seah par cies 4 i a SE OS SS eS Oe eS Se Seay Gees kee oe : ed ie sa bi oe Lis fy �
Show less

Title: Page 0103 (Criminal proceedings against Pablo Lopez)
Text: —— 103 voured to ruin, and who is now enjoying at the expense of the nation a reward for his infamies, which exceeds that bestowed upon Pablo Lopez
Show more—— 103 voured to ruin, and who is now enjoying at the expense of the nation a reward for his infamies, which exceeds that bestowed upon Pablo Lopez for his Patriotism. I have approved this proposition with much pleasure, having witnessed his virtues in a prison in which we were confined at the same time, and I had occasion to observe his resignation and great modesty ; I must also remark that the enemies of the Constitution asserted that he received 60 rials a day from the Cortes, and having been myself among other deputies appointed by the ordinary Cortes, for the formation of the Criminal Code, this unhappy man thinking that a porter would be named for this Committee, solicited the situation for himself, and this was the period in which the Anti-Con- Stitutionalists supposed that the Cortes gave him 60 rials a day. I have as I said before seen him in the Prison, and admired his heroism and fortitude. I shall only call the attention of the House to this particular, the favour being already granted. But will it be just that whilst the nation is granting him this remuneration as a man persecuted for sustaining its just cause, it should suffer persecutors to remain unpunished and con- tinue in their enjoyment of what they have unjustly acquired by their infamous conduct? ‘Thus I am of opinion, that the Committee should take this again into consideration, and propose to the House as the means of indemnifying the nation, what it expends in rewarding the good Patriots, to apply the property which they who caused their misfortunes are enjoying. JOURNAL OF THE CORTES. MEETING OF THE 71H NOVEMBER, 1820. The Committee of rewards presented the following report :—“ The Cortes decreed on the 14th of Sep- tember last, that in consideration of the extraordiaary patriotic services of Pablo Lopez, known as the cripple of Malaga, a House of the value of 70 to 80,000 rials �
Show less

Title: Page 0102 (Criminal proceedings against Pablo Lopez)
Text: 102 the fact which Iam going to relate. Several witnesses having been examined as to whether Lopez did or did not contribute to or cause the tumult in
Show more102 the fact which Iam going to relate. Several witnesses having been examined as to whether Lopez did or did not contribute to or cause the tumult in the Galleries, one only deposed to the particular, and how did he do so? Let the Congress observe the evidence of this witness—he says, that on one occasion there were shouts and cries of Off Off, and at the Same time he received a violent blow in the back, and that turning his head he saw the Cojo de Malaga the third person from him, This assertion alone was in the eyes of the Judge who presided, sufficient to prove the charge and to cause the culprit to be condemned to the punishment with which this assembly is already acquainted. Sen. Florez Citrada then followed—] shall not speak ofthe report, nothing having been said against it, I only rise to justify the committee with respect to the objec- tion advanced by Sen. Giraldo, of the seeming parsi- mony of the remuneration awarded to Pablo Lopez. The Committee themselves have thought so too, but at the same time they have taken into consideration that although this individual’s merit may be very manifest, he is not the only one deserving of the reward of the Country—there are many in this case and although all aré not in his state, they must not on that account go unrewarded ; so that the Committee have been obliged to be somewhat economical, contrary to their inclination, of fully acknowledging the deserts and sufferings of this individual. The point being considered sufficiently discussed, the report of the Committee was approved, and Sen, Calatrava said—the Congress has just done an act of justice in rewarding a Patriot who was near los- ing his life for supporting the Constitution and the li- berty of his Country; but i¢ seems to me that the Con- gress must perform another act of justice in order to complete their intention, and that is to punish: the slan- derer. Inthe Town of Malaga, in which a House and Lands producing annually 8,000 reals, is ordered to be given to Pablo Lopez—there lives one of those impos- tors who accused as principal promoters of the disorder Pablo Lopez and other Patriots whom he has endea- �
Show less

Title: Page 0101 (Criminal proceedings against Pablo Lopez)
Text: 101 against him, for having been supposed the cause of those disturbances, I ought to make known whatever I know, -n order to show clearly the false
Show more101 against him, for having been supposed the cause of those disturbances, I ought to make known whatever I know, -n order to show clearly the false imputation and iniquity with which he has been persecuted by the enemies of the Constitutional system. Pablo Lopez has not only been a ood Spaniard, but may be called a heroin his rank. I made all the inquiries 1 thought proper, and even ob- served him myself, with a view to inform myself of the truth. ‘The result convinced me that this worthy man, far from being a promoter of tumult, was, on the con- trary, one who endeavoured to establish order by his ad- vice, which he effected several times, so that it may be truly said that the enemies of the Constitution wished to ridicule it, carrying their inhumanity even as far as to offer up as its victim a man who could have no influence in the system, but his adherence to it. Pablo Lopez constantly attended the Galleries, and I was obliged to give orders to the porters to lethim go in with his crutch, which he could not do without on account of his lame- ness, it being forbidden to any one to enter with a stick. Consequently, I feel myself called upon to state, that this unfortunate man did not commit any other crimes than being present at the debates ef the Congress, without having ever given the least occasion for the disorders, which sometimes took place there, should be imputed to him. I, therefore, conclude by supporting the report of the Committee, and by begging the Cortes, that as Lopez was made the object of the shameless conduct of his persecutors, he may also be made that ef the justest reward, for the sufferings he underwent for his love of the Constitution. Sen. Golfin then said—I wished to say a few words as an individual of the Committee, but as no one has yet impugned its report, and as I rather observe that it meets the general approbation ; I shall reserve what I had to advance till it should be opposed, an event which I do not at present anticipate. In the mean time I will add a few words to what Sen. Cepero has advanced respecting the affair of the Galleries. It actually is a charge substantiated in the proceedings against ablo Lopez, but in support of it there is no other proof than ; 3 f i f j racecar crm steht tien tate Y re i Ree sonar �
Show less

Title: Page 0100 (Criminal proceedings against Pablo Lopez)
Text: ialiidieiechdiend.ieeinaeneeennoe re 100 think fit, will prove to the whole world that the country is 20 indulgent mother, who attends to the deserts
Show moreialiidieiechdiend.ieeinaeneeennoe re 100 think fit, will prove to the whole world that the country is 20 indulgent mother, who attends to the deserts and _ Sacrifices of her offspring, and rewards them with justice and generosity. Sr. Quintana then said: It was my intention to say something respecting the ridiculous proceedings invent- ed by malignity, in order to ruin the meritorious citizen Pablo Lopez; but Sr. Giraldo having already painted it in its true colours, I shall eonfine myself merely to an expression of my thanks-to the Committee, for the ex- actness and truth with which they have described the memorable, tumult of which they supposed the said Lopez capable; an exactness and truth to which I can bear witness, having had the honour to be one of those who had met together in that famous insurrection. Moreover, I wholly confirm the report of the Committee, which, however, appears to me to have been rather nig- _gardly in the rewards they propose for a citizen, so great a lover of his country; I should, therefore, wish that something more was awarded him, aud that the same or some other Committee would point out a different kind of reward for the fiscal, judges, and all others concerned in sucha notorious procedure, the whole of whom ought, in my opinion, to be raised to the exalted situation to which they are, by their eminent and well known services so entitled. Sen, Cepero then rose and said: I consider this as- sembly to be so unanimously disposed to approve the report of the Committee, that I do not think they need any stimulus for that purpose. [shall not, therefore, dwell upon it, not seeing any necessity for so doing; but only attempt to convince them of some facts, which will justify the opinion which I conceive all the Deputies will give. Ihad the honor to be a member of the Ordi- nary Cortes, and one of those who formed the Com- mittee of its interior Government. On this account I was obliged to make some inquiries respecting the up- roar which several times took place in the Galleries, and these being the real charges against Pablo Lopez, whica gave life and fuel to the proceedings, and led him to the Gallows, in conformity with the sentence pronounced �
Show less

Title: Page 0099 (Criminal proceedings against Pablo Lopez)
Text: velUl(CSlUC 4 ee re rr 99 this innocent victim, suffering the horrors of the most cruel imprisonment, the dreadful agonies he suffered for three days
Show morevelUl(CSlUC 4 ee re rr 99 this innocent victim, suffering the horrors of the most cruel imprisonment, the dreadful agonies he suffered for three days in the Chapel, the inhuman treatment he ex- perienced in the fortress to which he was taken; when I read his declarations, replete with the fortitude and truth which are the signs of innocence; when I see him fly to the service of his country as soon as the liberal army of the Island appeared, and offer himself again without being affrighted at his former dangers, I am ready to accuse the Committee of meanness, and as be- ing, if not unjust, at least ungenerous. The injuries and grievances done to Pablo Lopez, were done to the whole nation, which nation cannot Jook with indifference on those who have made themselves calumniating impeachers, prostituted fiscals, and unjust judges, in order to degrade it, and to immerge it in the evils in which they threw it, leaving no means untried to obtain their end, and travelling over carcasses sacri- ficed to their infamous caprices, and over victims trod upon at their fancy; but, it ought also to bestow some attention on these victims, and reward their sacrifices with justice and generosity, without compelling those who have suffered to persecute the authors of their ca- lamities as in ordinary causes. ‘The proceedings against Pablo Lopez, as others of a similar nature,were against all the nation ; and it cannot for this reason avoid doing justice by rewarding the merit which resulted from those proceedings, without ever forgetting what has been shewn, and that on the part of his malicious opponents nothing was left undone, in order to consummate the sacrifice which would un- doubtedly have taken place, but for some just and feel- ing souls who made known to the King such vile injus- tice ; and he immediately ordered the sentence to be suspended, and gave this proof of the rectitude of his august heart, and of the just intentions which have al- ways animated him, Thanks to the King’s Justice, which has presented us with this discussion, in which the National Congress shows the sentiments which ani- mate all the Deputies, and which, by approving the re- port ofthe Committee, and making the additions it may a �
Show less

Title: Page 0098 (Criminal proceedings against Pablo Lopez)
Text: a Cada Basen add a nedeae ahead eee ca a aude 98 This affair must not be looked upon as an object which treats of the investigation of the reward
Show morea Cada Basen add a nedeae ahead eee ca a aude 98 This affair must not be looked upon as an object which treats of the investigation of the reward which the country grants to a well deserving defender, and to one who, by great prowess and signal services, might _ have obtained the title of hero ; this matter is not, nor can it be examined under such an aspect ; it is that of an honest Spaniard, who, after having shewn, from the year 1808, his love of the liberty and independence of the nation, contributing as much as he was able to the ser- vice of the Spanish troops, sacrificing in its ranks the only son he had, and being afterwards faithful to the ge- neral vow of the nation, and to the precepts of the go- vernment, declared himself a zealous lover of the Con- stitution, which had been proclaimed and sworn to, and of the National Congress, and placing these merits and services as the basis of the process, was the victim of the most atrocious calumny and scandalous injustice; his persecutors treating with ridicule, by their proceed- ings, the decorum of the Cortes and the honour of the Deputies, selecting the Cojo de Malaga as the Chief of the designs, which they attributed to them, and deriving from thence the results which are sufficiently obvious. The Edict which was prepared for the act of conduct- _ing Pablo to the gallows, and which may be met with in folio 225 of the proceedings, signed by the Chairman-of the Committee, who was engaged in them, is the best testimony of these truths. It says: In consequence.of the proceedings which have been instituted against Pablo Lovez, known as the Cojo de Malaga, as aringleaderand hired chief of the riotous galeriants of the said ordinary and extraordinary Cortes, for supporting the annulled Constitution, the decrees extorted by the liberals, the endeavour to degrade the Sovereignty of Our Lord the King Ferdinand VII., to destroy the sacred rights, and to raise up the government and sovereignty of the peo- ‘ple, he is condemned to the gallows. Can we hear with tranquillity such a web of calum- nies and injuries? and will not our indignation be in- creased on knowing that there were no grounds for them, and yet by them an honest Spaniard was sentenced to be hanged. I assure the Congress, that when I consider �
Show less

Title: Page 0097 (Criminal proceedings against Pablo Lopez)
Text: from an information made in Malaga in 1815, it appears that the Sendicos esteemed Lopez as a man of enlighten- ed conduct in every sense of the word,
Show morefrom an information made in Malaga in 1815, it appears that the Sendicos esteemed Lopez as a man of enlighten- ed conduct in every sense of the word, and on this ac- count the Magistrate declared that he deserved the re- putation of ‘a good patrician for his political behaviour. “The Committee judges from what has been shown that his zeal and patriotic ardour, his services, and his uncommon sufferings, entitle him to particular conside- ration and to the national gratitude and beneficence ; ~and are of opinion that from the public funds he should be presented with a House in Malaga, his native place, ‘worth from 70,000 to 80,000 ‘rials, and bearing this in- seription—“ Recompensa por la Patria,” and moreover that he should receive from the same souree a pension of 8,000 rials a-year. This report having been read— Senor Giraldo spoke as follows : a greater proof cannot be given of the injustice, perversity of heart, and mean- ness of the enemies of the Constitution, than the pro- ceedings carried on against Pablo Lopez, which are now before the Congress—and_ which ‘cannot be read with any degree of serenity. ! have scanned them over ina few hours and I wish all the Deputies had done the same, and then there would be no one who on hearing the re- port of the Committee, would evince any signs of dis- satisfaction on account of its want of moderation. Let any one place himself in ‘the situation of the unhappy Cojo de Malaga, proceeded against for being a friend of the Constitution, accused of ‘a crime which had no existence, condemned to the degrading punishment of death on the gallows; without the appearance of any proofs, nor even of that which they wished to attribute to him as an excess, placed in the chapel, bound by the hangman, and led almost to the foot of the gallows, and he will then know that nothing is sufficient to compen-~ sate for such grievous ills; and'to shew to the whole world that if there have unfortunately been some Spa- niards who degenerating from the-noble character of that nation, have acted as infamous defamers, calum- nlators, unjust accusers and judges; the whole nation at once makes a compensation for the injuries which the delinquents have done toits name and reputation, I �
Show less

Title: Page 0096 (Criminal proceedings against Pablo Lopez)
Text: ———— ee es Ce a ease - <a a . ee . — 7 5 oes 4 . r ieee . See ae 96 conduct, so far was he from taking as a bribe the paltry sum which they wished
Show more———— ee es Ce a ease - <a a . ee . — 7 5 oes 4 . r ieee . See ae 96 conduct, so far was he from taking as a bribe the paltry sum which they wished to suppose. He shouted “ The Constitution for Ever,” on the night of the music ; he did so because he thought it serviceable to his Country, and on the same account he repeated it, when a change of conduct and an impeachment of the other proscribed individuals would have set him at liberty and delivered him from the imminent danger in which he stood. The Court need not adduce further observations to make it appear from the very proceedings as it was intended, Lopez’s innocence and his meritorious constancy under such hard trials and his services in the defence of the independence of the nation are not less worthy of con- sideration. He offered to assist gratuitously in making the clothing for the Army, and his offer being accepted by the central Junta, he removed from Coin to Malaga for the purpose of executing it—enlisting into a volun- teer battalion of riflemen, who, were doing duty in that place. When Malaga was taken possession of by the enemy, he went on board a vessel to escape the danger in which his ardor for the defence of that Town had placed him. ‘Having been driven back by adverse winds, he was ob- liged to live in secret obscurity, during which time he removed his only son from the civil militia, which had been formed by the French, and sent him to serve in the National Army. He afterwards made his escape and settled in Gibraltar, maintaining himself by his trade, he gave 5500 flints to the troops who were stationed in the neighbourhood. A short time after, he gave up his esta- blishment to employ himself again in making clothing for the Army, under the command of General Don Fran- cisco Ballesteros, who attests his patriotism and zeal for the public cause. The national Consul in Gibraltar, Don Sebastian Gonzalez Lopez, Member and Secretary of the Territorial Committee of the Hoya de Malaga, and its court the Viscount de Zolina, General Don Carlos de Grand, and the Constitutional Alcade de Coin, ‘Don Lucas Munoz, all certify the services and commis- sions undertaken by him at that epoch, and all speak in the highest terms of his zeal and patriotism. In fact �
Show less

Title: Page 0095 (Criminal proceedings against Pablo Lopez)
Text: = Seen —— ee. ee ee mde — — J Soman * oY ae HHA OrL a ei ai te et all hi ieee ws ; ; i x 95 Dr. Matio Sandoqui discoursing in this manner, it is not
Show more= Seen —— ee. ee ee mde — — J Soman * oY ae HHA OrL a ei ai te et all hi ieee ws ; ; i x 95 Dr. Matio Sandoqui discoursing in this manner, it is not easy to decide whether he most insults the laws, whose empire he acknowledges to be re-established ; or the wretched man for whom he is preparing the gallows as a reward for his patriotism and adhesion to the Constitution. This is what is imputed to him as a crime; this is what he confesses, this is what appears from the proceedings in spite of the hatred and partiality of the witnesses, and this is what the fiscal would have seen in the process, if the desire of promoting his own fortune had given him room to reflect and to listen to the cries of innocence. ‘The Committee would not touch upon the conduct of the Fiscal if it was not necessary to clear up that of Lopez, and to shew the bloody catastrophe which was so near taking place, was prepared for that unhappy man. The neglect of the laws, the immense field which ambition opened to the conquerors, the over- throw of the Constitutional party, blind personal inte- rest, and the necessity of keeping up in the mind of the King those ideas by which he was seduced, were the causes of so many supposed crimes in those pointed ° out as guilty, and of so many unjust acts on the part of the Judges. Hence arose the injustice of the fiscal, hence the atrocity of the particular opinion of the Judge Vazyuez Varela, written with the greatest art to per- suade the King making himself appear in his eyes, as a faithful observer of the laws, as deaf to every other voice, painfully closing his heart to the impulses of compassion, and even at the risk of displeasing his Ma- jesty. Thus he threw the unfortunate Lopez into that terrible dilemraa, from which the compassion of the King was scarcely able to save him; but which did overturn such iniquitous contrivances and was the cause that, when the splendour of truth should dissipate, the darkness by which his understanding was dimmed as is happily now the case, patriotism and innocence should triumph over the weak attempts of the selfish. The pure and unalterable adhesion of Lopez to the Constitution is therefore visibly apparent to the Cortes, as well as his continued firmness in both the dungeons and the galleys, which was as manifest as in his former SS Ss ied ny aD Sen �
Show less

Title: Page 0094 (Criminal proceedings against Pablo Lopez)
Text: ae Se sa anata sansa eee 94 ed that an harangue, which was merely a simple relation of what had been advanced by several deputies in the Congress,
Show moreae Se sa anata sansa eee 94 ed that an harangue, which was merely a simple relation of what had been advanced by several deputies in the Congress, respecting the admission of the Reverend Bishop, viz. that he was against the Constitution ; Lopez said so likewise, and, (being, as he himself said, both before and after his imprisonment, an idolizer of the Constitution,) added, that no one, not even the deputies themselves, could violate it, without acting in opposition to their commission and duty. The Congress will be surprised to hear that this was | the whole that instigated these proceedings against him, | if we except a circumstance which occurred with a Cap- tain of the Guard of the Post Office, who arrested him for supposed seditious speeches, in support of which there did not even exist the declaration of the Officer, which would have proved nothing had it been produced, seeing that the Government, on being made acquainted with the oceurrence, ordered him to be set at. liberty. But, how will their astonishment be increased on seeing these actions construed by the Fiscal into attempts against the Church and State; and these assertions (which are rather accusations requiring proof than de- clarations of witnesses,) into a full and sufficient cause for condemning him te death. Call to mind (says the Fiscal,) what took place on the morning of the 20th of January, 1814, in the Congress, Let not the occur- rence of that same afternoon, at La Pyerta del Sol, and in the Vibac, be forgotten. Let it also be observed, from whence that same night the musical party set out, whe- ther they directed their course, to whom they shouted, and who was foremost on the occasion; no one can doubt for a single moment of its being an actual riot, of which Pablo Lopez was the ringleader, The epoch of order and of justice (says he farther on arrived, and that of impunity ceased. The laws recor vering their authority, demand the condign punishment of delinquents, The laws of Partida and Ricopilacion condemn to the gallows those who commit such crimes. The fiscal then making the charges above related, with others that result from these proceedings, &c, �
Show less

Title: Page 0093 (Criminal proceedings against Pablo Lopez)
Text: 93 of his accusers proves nothing, but his exalted respect for the Constitutional system. This the Committee can affirm, for not even a reprehensible
Show more93 of his accusers proves nothing, but his exalted respect for the Constitutional system. This the Committee can affirm, for not even a reprehensible excess appears from the result of the proceedings. The music which the witnesses define a tumult, was no more than a compli- ment paid to certain deputies ; no other words were heard, but the cheers given them, and the meeting dis- persed as peaceably as it was formed. The Count de Montezuma followed close with an armed band and al- guazils, who all declared to the same effect ; neither does it at all appear that Lopez was at the head of this procession, nor are there any other grounds for sup- posing it than what was advanced by one of the said witnesses, who deposed that he heard his voice shouting « The Constitution and the Liberal Deputies for ever !” with the vague assertion of some others, which was arbitrarily thought by the Judges sufficient, although it was not ever corroborated by the declaration of the mu- sicians, and was moreover incredible from Lopez's ex- treme poverty. The same occurs also with respect to the disturbances he is accused of exciting in the Galle- ries. The Constables deny it ; he himself denies it in his confession, and it is asserted by only one witness and that in a manner on which no legal dependance can be Li placed, as he merely states, that during the shouts of rie ‘ Off Off,” some one struck him a blow with the fist and = desired him to join in the shoutings, and that on turn- ing his head he saw the Cojo de Malaga standing the next, but two behind him. | The Committee omit as unnecessary every observa- tion tending to show the weakness of this assertion, which is, however, the strongest that exists in support of this accusation. Of a like nature is that deposed by another single witness, to prove that he stirred up the people with his discourses in the Coffee Houses and other public places, although the Landlords of La Fon- tana and El Norte deny having ever heard any such dis~ courses. The witness merely affirms it, without ad- vancing any proof; and one says that he heard him speaking in La Puerta del Sol, against the validity of the election of the Bishop of Pampeluna, ‘The witness term- = on : we a 7 an ~ : , rn ' i i cnr tat es ln oat ————— ' �
Show less

Digital Collections

Pages

Pages