territories of our sovereign, under the constitutional government of a vigorous but limited and liberal monarchy

We do, therefore, in the name of his majesty Ferdinand VII.. and by his authority decree, command, and proclaim as follows:

TITLE I

Art. I. The kingdoms, provinces and islands in both the Indias

appertaining unto his majesty Ferdinand VII. shall be united and shall form a kingdom by the name and style of the kingdom of America.

II. His majesty shall reign by the title of king of Spain and America; and the united crowns of both nations are declared to be inalienably vested in his majesty and his heirs in perpetual

succession.

III. Whenever it shall please Divine Providence to restore Spain to national existence and independence, the kingdom of America shall thenceforth be re-united with the Spanish monarchy.

TITLE II-OF THE STATES OF THE KINGDOM.

IV. The states of the kingdom are:

1 The state of New Spain, comprising all his majesty's dominions on the continent of America between Louisiana and the Isthmus of Darien.

2 The state of Peru, comprising the viceroyalty of Peru. 3 The state of La Plata, comprising the viceroyalty of the provinces of the river La Plata.

4 The state of New Granada, comprising all the provinces of the new kingdom of Granada, southward of the Isthmus of Darien; except those subject to the jurisdiction of the audience of Quito.

5 The state of Caraccas, consisting of the captain-generalship of Venezuela and Caraccas.

6 The state of Cuba, consisting of the island of Cuba and its dependencies.

7 The state of Chili, comprising the captain-generalship of Chili.

8 The state of Quito, comprising the provinces within the jurisdiction of the president and audience of Quito southward of the Isthmus of Darien.

9 The state of Manilla, comprising the captain-generalship of the Philippine islands.

10 The state of Porto Rico, consisting of the island of Porto Rico.

TITLE III-OF THE STATE GOVERNMENTS.

V. Each state shall be governed according to the regulations of the constitution and the law, by a viceroy and a council. VI. The actual viceroys of New Spain, Peru, La Plata, and the kingdom of New Granada, and the president of Quito shall be the viceroys respectively of the states of New Spain, Peru, La Plata, New Granada, and Quito: and the captainsgeneral of Caraccas, of the island of Cuba, of the Philippine islands, and of Porto Rico, shall be the viceroys of the states formed as above specified of their respective governments. VII. Each viceroy shall have the title of his highness the princeviceroy of the state which he governs.

VIII. The council of each state is composed as follows:

1 Of the bishops of the state:

2 Of the judges of the superior audience of the state:

3 Of a number of elective counsellors, to wit: twenty-four for New Spain and sixteen for each of the other states, who shall be chosen for the first time by the viceroys, and ever afterwards by the citizens of the several states.-The qualifications of the electors and the mode of election shall be prescribed by the municipal ordinances of each state respectively. The counsellors of this class are chosen for three [or five] years.

4 Of a number of counsellors, not exceeding that contained in the last mentioned class, who shall be appointed by the king, or during the interregnum by the viceroy, from among the nobility or other distinguished subjects of each state.--The counsellors of this class are chosen for life.

IX. The viceroy of each state may exercise in it all the powers, not incompatible with this constitution, which a viceroy might have lawfully exercised within his viceroyalty.

X. During the interregnum, the viceroys may appoint to all vacant civil offices in their respective states.

XI. The viceroy, with the approbation of the council of the state, may enact municipal ordinances, not repugnant to the constitution or laws of the kingdom; which ordinances, when sanctioned by the royal authority, shall have the force of law. XII. The viceroy convenes and adjourns the council of the state: They assemble at least once every year, at the place which he shall designate.

XIII. The viceroy, with the consent of the council of each state, may grant pardons and remissions of punishment for all crimes committed within it.

XIV. Neither the viceroys nor the councils of states shall exercise, jointly or separately, any other authority than that with which they are specifically invested by the constitution or the law.

TITLE IV.-OF THE ROYAL AUTHORITY. XV. The king hath the power to declare war, to make treaties, and to grant pardons for all offences whatever.

XVI. He is the commander-in-chief of the armies and fleets of the kingdom.

XVII. He directs the levy and expenditure of the revenues of the

kingdom, according to the provisions of the law.

XVIII. He appoints all public officers, except those whose ap

pointment is otherwise directed by the constitution; and his majesty may exercise generally all the lawful powers and authority of government which are not otherwise disposed of or provided for by the constitution or the law.

TITLE V-OF THE REGENCY.

XIX. During the interregnum the royal authority shall be exercised in its plenitude by a council of regency.

XX. The council of regency shall be composed of the members of the central junta of Spain, &c. &c. &c.

TITLE VI-OF THE CORTES.

XXI. The cortes shall consist of two councils or branches, the

general congress and the senate.

XXII. The congress shall be composed of one hundred and six deputies, who shall be apportioned among the several states as follows:

XXIII. Each state shall be divided into as many electoral districts as it is entitled to send members to the congress, and one deputy shall be chosen for each district by the citizens domiciliated in it who are qualified to vote for the elective counsellors of the state:-[Or one half of the deputies might be chosen by the councils, and the remainder by the qualified citizens of the states.]

XXIV. The qualifications of the deputies and the times, places, and manner of holding the elections, shall be determined by the legislature.

XXV. The division of the states into electoral districts, shall be

made and declared by municipal ordinances; and for the first time, the deputies for each state shall be chosen by its viceroy, with the consent of its council.

XXVI. The deputies of the congress are chosen for three [or five]

years.

XXVII. The president of the congress is appointed by the king. XXVIII. The king shall have power, with the advice and appro

bation of the senate, to dissolve the congress, and direct a new election of deputies to take place.

XXIX. The senate is composed as follows:

1 of the archbishops of the kingdom; each being allowed to appoint, as his proxy or representative in the senate, when he cannot attend there personally, one of his suffragan bishops, or one of the prelates of the metropolitan state.

2 Of elective senators to be chosen by the hereditary nobility of the several states, (the nobles of each state forming for this purpose an electoral college or junta,) viz:

Four senators for New Spain,

Three senators for each of the states of Peru, La Plata and

New Granada, and

Two senators for each of the other states.

3 of such a number of the nobility and other distinguished subjects as his majesty shall be pleased to elevate to the senatorial rank; with this restriction, that the senate may not be more numerous than the congress.

XXX. The senators hold their offices for life,

XXXI. The king convokes and adjourns the cortes: they shall be assembled at least once every year.

XXXII. While Spain continues in the power of the enemy, the

state of New Spain shall be the seat of the government of the kingdom of America, and the cortes thereof shall hold their sessions in Mexico: but as soon as Spain shall be restored to independence, it shall again become the metropolis of the empire, and the cortes of America shall be united with the cortes of the mother country in such a manner as the legislature of the empire shall prescribe.

TITLE VII.—Of the exercise of the LEGISLATIVE POWER.

XXXIII. Every law is proposed by the king to the congress, or by the congress to his majesty: in either case, when it is approved of by both those authorities, it shall be transmitted for consideration to the senate, whose sanction shall render the law complete: and no law shall be valid without the concurrence of the king, the congress, and the senate.

XXXIV. The king or the congress may approve of a proposed

law, absolutely or on condition of certain alterations: the se

nate must sanction or reject, unconditionally, every law which is transmitted to them.

XXXV. The legislative authority thus constituted, extends to all objects of rightful legislation; provided that no law shall be repugnant to the constitution, or incompatible with the rights. and privileges which it secures to all the subjects of the realm.

TITLE VIII-OF THE JUDICIAL POWER.

XXXVI. There shall be established a supreme tribunal for the kingdom, and a supreme court of audience for each state.