Spanish law

“ The order in council for Trinidad has not affected the principle of the Spanish law, or rather the practice in the Spanish colonies, which allows a slave to enfranchise himself by purchase. But the British law in our settlements gives no such right whatever to a slave. ”

“ Section 1 Spain is hereby established as a social and democratic State, subject to the rule of law, which advocates freedom, justice, equality and political pluralism as highest values of its legal system. National sovereignty belongs to the Spanish people, from whom all state powers emanate. The political form of the Spanish State is the Parliamentary Monarchy. Section 2 The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards ”

“ We say this, because the argument for the plaintiffs in error in substance but proceeds upon the theory that, although the Spanish law was correctly expounded by the court below, nevertheless that law was inapposite because of conditions which it is insisted existed prior to and at the time the composition deed was issued and when the administrative order of annulment of that title was made. ”

“ The Law of Referendum submits to the consideration and direct decision of the people, the draft laws which circumstances or public interest demand. The Law of the Cortes establishes the composition and prerogatives of the highest organ for the participation of the Spanish people in the affairs of the State. And the Law of Succession contains the declaration that Spain is a political unit, constituted as a Kingdom, and creates the Council of the Realm, which must assist the Head of State in all matters and resolutions coming under his exclusive competence. ”

“ DUTIES AND RIGHTS OF THE SPANISH PEOPLE CHAPTER I Article Two
All Spaniards owe faithful service to their country, loyalty to the Head of State and obedience to the laws of the nation.
Article Three
The Law protects in equal measure the rights of every Spaniard, without preference i n respect of classes and without favour in respect of persons.
Article Four
All Spaniards have a right to the respect of their personal and family honour. Whosoever offends against it, whatever his condition, shall bear the responsibility. ”

“ The Roman maxim that what the “prince” wills has the force of law was not disputed—nor did the Spaniard doubt that the king acting by himself was “the prince.” The check which the justiza, or chief justice, of Aragon imposed on the king was supported by the force of nobles and cities, but it was an exception in Spain. The representatives of the commons were the personeros and procuradores, i.e. attorneys of the cities. There was no knight of the shire in any Spanish Cortes. ”

“ Notwithstanding the promulgation of these special laws, the Code of Castile remained the foundation of legal procedure for the colonies until the end of Spain's rule.
The most notable institutional development in the fourteenth century was the growth of the institution of the audiencia. Enrique II. increased the number of letrados in the tribunal of Castile, and added seven alcaldes with criminal jurisdiction. These latter did not have the rank and status of oidores, and were without jurisdiction over civil suits or questions of the interpretation of the law. ”

“ As the starting point of Spanish constitutional development the fundamental law of 1812 is of genuine interest. It is not to be imagined, however, that the instrument reflects with any degree of accuracy the political sentiment and ideals of the mass of (p. 605) the Spanish people. On the contrary, it was the work of a slender democratic minority, and it was never even submitted to the nation for ratification. It was a product of revolution, and at no time was there opportunity for its framers to put it completely into operation. ”

“ The premium on specie, in spite of the law of 1647, had already reached fifty per cent, and the sternest penalties were decreed to prevent its rising above that figure—for a first offense, confiscation and six years of presidio (service in the African forts) for nobles, confiscation and six years of galleys for plebeians; for a second offense, death without distinction of rank. If absolute power could regulate values, Spanish thoroughness would have accomplished it. ”

“ Baldwin, “to be slaves or property? Were they born owing allegiance to the Spanish government? Not at all. They are natives of Africa. How came they so far subject to the Spanish laws as to be judged by them? How is it, when these persons come before our courts asserting their liberty, that they are to be judged by Spanish laws? ”

“ Thus we find Spanish canon law embodied in a collection which, though perhaps not official, was circulated and received everywhere; In Spain. this was the Spanish collection, the Hispana. [8] The collection is well put together and includes almost all the important canonical documents. In the first part are contained the councils, arranged according to the regions in which they were held: Greek councils, following a translation of Italian origin, but known by the name of Hispana; African councils, Gallican councils and Spanish councils. ”

“ In this event you will exercise a sound discretion in applying the powers given with respect to debts, titles to land, civil officers, and the continuation of the Spanish laws; taking care to commit the Government on no point further than may be necessary. And should any Spanish military force remain within the country, after the occupancy by the troops of the United States, you may, in such case, aid in their removal from the same. ”

“ Our relations with Spain remain nearly in the state in which they were at the close of the last session. The convention of 1802, providing for the adjustment of a certain portion of the claims of our citizens for injuries sustained by spoliation, and so long suspended by the Spanish Government, has at length been ratified by it, but no arrangement has yet been made for the payment of another portion of like claims, not less extensive or well founded, or for other classes of claims, or for the settlement of boundaries. ”

“ But by the Code of 1855, revised in 1881, without change in this respect, 'judgments pronounced in foreign countries shall have in Spain the force that the respective treaties given them; if there are no special treaties with the nation in which they have been rendered, they shall have the same force that is given by the laws of that nation to Spanish executory judgments; if the judgment to be executed proceeds from a nation by whose jurisprudence effect is not given to the judgments pronounced by Spanish tribunals, it shall have no force in Spain' ”

“ Differences between Statutes of the different Self-governing Communities may in no case imply economic or social privileges.
Section 139
Equal rights and duties everywhere2, 14, 138,1. All Spaniards have the same rights and obligations in any part of the State territory.
Freedom of movement and settlement149.1.1, 149.1.18 C 2, 14, 19, 149.1.1, 6 and 10, 157.2 C2. No authority may adopt measures which directly or indirectly hinder freedom of movement and settlement of persons and free movement of goods throughout the Spanish territory. ”

“ For every line we cross, and every city and province we visit, is rich in association, even if the land is now but a great sepulchre of great peoples.
And we were in Spain. On the northern frontier, and in instant contact with the people of France, is a race that is Spanish only in name, and hardly that; a race that has, through all the mutations of government in this unstable country, maintained a sort of independence, with rights and privileges, manners and customs so peculiar to themselves, that they may be said to be in Spain, but not of Spain. ”

“ The modern history of Spain begins naturally with that of the War of Liberation, May 2nd, 1808, and politically with the Cortés of Cadiz, 1812, and with the constitution then promulgated. This declares: That the Spanish nation is not the patrimony of any family or person; that the sovereignty resides essentially in the nation, which is the conservator of its own liberties and rights. The sole religion is and shall always be the Apostolic Roman. The legislative power resides in the Cortés with the king. ”

“ Foreigners who, already enjoying the rights of Spaniards, have obtained from the Cortes letters of citizenship.
Art. 20. A foreigner, to obtain such letters, must have married a Spanish woman, and have established or introduced into the Spanish dominions some profitable invention or manufactory, or possess real property on which he has paid direct taxes, or carry on trade, and have a stock of his own deemed sufficient by the Cortes, or have rendered eminent services advantageous to the nation, or in its defence. ”

“ All foreigners are free to settle in Spanish territory, and to exercise therein their respective trades and professions, with the exception of those which require special titles. The expression of opinion, the press, the right of public meeting, of association, and of petition, except from armed bodies, are respectively free. No Spaniard or foreigner can be arrested or detained illegally. ”

“ They must show, by positive evidence, that those persons were slaves according to the laws of Spain, and that they had a right to carry them from one colony to another, by those laws. Foreign laws are matters of fact, and as such, must be proved, according to the rules of evidence applicable to them, whether written or unwritten. (3.) It was not meant to be contended, that the United States acquired any sovereignty or jurisdiction over the Spanish territory, by its temporary occupation. ”

“ But in Spain, as in Portugal, the question was between arbitrary rule and constitutional and parliamentary government, and in relation to Spain, as well as to Portugal, we thought that the interests of England in every point of view, commercial and political, would be benefited by the establishment of constitutional government.
If England has any interest more than another with reference to Spain, it is that Spain should be independent, that Spain should be Spanish. Spain for the Spaniards, is the maxim upon which we proceed in our policy with regard to Spain. ”

“ The claim of the Spanish government for the violation of its neutral territory being thus disposed of, it is next to be considered whether the British claimant can assert any title founded upon that circumstance. ”

“ I have spent 40,000 crowns against the Spaniards. I had not purchased £40 a year. If I had died in Guiana, I had not left 300 marks a year to my wife and son. I that have always condemned Spanish faction, methinks it is a strange thing that now I should affect it! Remember what St. Austin says, Sic judicate tanquam ab alio mox judicandi; unus judex, unum tribunal. If you will be contented on presumptions to be delivered up to be slaughtered, to have your wives and children turned into the streets to beg their bread; if you will be contented to be so judged, judge so of me. ”

“ The Spanish commentators do not help us, as they go little beyond a naked statement one way or the other. It seems to us that the best evidence of the view prevailing in Spain is to be found in the codification which presumably embodies it. ”

“ In order to decide the merits of this case, we should probably have to consider and settle a nice question of canonical law, and investigate and discuss the historical and legal relations of the crown of Spain to the head of the Catholic Church. Neither of these questions do we feel competent now to decide with the materials which are before us and with the time at our disposal nor do we need to do so. We are not a court. We are only a legislative body. ”

“ The religious corporations, with whose interests—always opposed to those of the Philippine people—the Spanish Government has identified itself, jeered at these claims and answered, with the knowledge and consent of that same Government, that the liberty of Spain had cost blood. ”

“ The general and extraordinary Cortes of the Spanish nation, being fully convinced, after a most careful examination and mature deliberation, that the ancient fundamental laws of this monarchy, with proper auxiliary measures and precautions calculated to secure their steady and permanent execution, are fully adequate to the accomplishment of the great object of promoting the glory, prosperity, and happiness of the whole nation, do decree the following constitution for the good government and regular administration of the state. ”

“ In view of this situation we come to consider the subject with which the article deals primarily from the point of view of historical evolution in order, if possible, to throw light on the doctrinal conditions which led to the incorporation of the article into the Spanish Code, and thus ascertain the intent and purpose which controlled its enactment, and then to interpret the provision from that vantage point. ”

“ The Spanish codes recognise these principles. They say, to establish a custom, the whole or greater part of the people ought to concur in it; that ten years must have elapsed amongst persons present, and twenty at least amongst persons absent, in order to its being introduced ”

“ Those persons who, without letters of naturalization, obtain a right of settlement in any part of the monarchy of Spain. The right of Spanish citizenship are forfeited by naturalization in a foreign country, and by accepting employment under any other government, without the permission of the sovereign of Spain. ”