[Appendix A.—Translation.]
Ministry of the colonies.
Decree of June 2, 1873, abolishing the hereditary office of grand chancellor
of the Indies.
preamble.
For the proper fulfillment of the mission of the government of the
republic it is needful to remove those administrative obstacles which,
originating in the abuses of royal power, and maintained in consequence
of misunderstood toleration during the era of representative
governments, hinder the realization of equality and justice, the
indispensable basis of regularity and order in the management of public
affairs.
From the initiation of the constitutional system among us, it doubtless
endeavored to extinguish the innumerable examples of gracious
concessions and alienations of office and functions of the state granted
as an inheritance by the monarch, their retention being considered
contrary to the fundamental code; but all of these were not suppressed
by the measures adopted to that end, giving rise to the persistent
exceptions by which, under a scheme of liberty based on the national
sovereignty, a part of the functions of the public power were exercised
as an inherent right by a private citizen raised by privilege above the
delegates of that sovereignty.
[Page 1002]
This is the case with the office of chief chancellor and registrar of all
the Western Indies, conceded by the grace of King Philip the Fourth to
Don Gaspar de Guzman, Count-Duke of Olivares,
July 27, 1623, for himself and his heirs forever, converted by the
decree of November 3d of the same year into the title of “grand
chancellor of the Indies,” with the duties of keeping the seal, and
causing it to be impressed on all titles, warrants, and dispatches
issued by the supreme power upon all matters relative to the colonies,
receiving therefor the fees prescribed in the tariff, and with other
prerogatives and distinctions equally unjustifiable and unreasonable,
such as the enjoyment of all the wages, salaries, and presents casos de aposento, and all remaining emoluments
assigned to the president or governor of the supreme council of the
Indies, in which for some time, until 1794, the chancellor had a seat
and vote.
Notwithstanding the vicissitudes through which this privilege
passed—incorporated with the crown on the 20th of December, 1776,
restored to the family of Olivares on the 9th of February, 1794, and
again incorporated on the 22d of February, 1817, and restored anew on
the 25th of April, 1826; notwithstanding the evident disparagement of
the dignity of the government and the decorum of the nation, inseparable
from the fact of subjecting the acts of the governmental power to the
authorization of a private citizen; notwithstanding the obvious and
irritating contradiction between the undue maintenance of the office and
the principles which should control the course of business in a
liberally-governed country, the office still exists, at least so far as
relates to the keeping and impression of the seal and the registration
of warrants, titles, and dispatches, the holder of the office exacting
the tariff fees; and its functions, which are perfectly unnecessary,
contrary to the right, embarrassing to public business, onerous to those
interested therein, and offensive to the national dignity, are at
present exercised by a delegate irregularly intruded and capriciously
appointed by him who obtained the title of the Duke of Berwick and Alba,
the holder of the office as the successor of the Count-Duke of
Olivares.
This state of things cannot and should not last. Already in past times,
when the council of state was consulted, it made, in full session, a
report favorable to the disappearance of these functions, which are
inconceivable in a well-regulated government separate from its own
administrative centers, and public opinion has been eloquently enough
manifested by identical tendencies conformable to reason and right
principles.
And, on the other hand, a gratuitous concession, as an act of grace, by
one who, as chief administrator, retained the thing conceded, cannot be
sanctioned in an era of justice and strict observance of right.
Relying upon these considerations, the undersigned minister submits to
the government the accompanying draft of a decree.
Madrid, June 2,
1873.
The Minister of the
Colonies,
JOSÉ CHRISTOBAL SORNI.
decree.
In consideration of the reasons set forth by the minister of the
colonies, and in accordance with a report of the council of state in
full session, the government of the republic decrees:
- Article I. The functions of grand
chancellor of the Indies, now exercised by the possession of the
title of the Duke of Berwick and Alba, as the successor of
Don Gaspar de Guzman, Count-Duke of
Olivares, to whom that office was granted as an act of grace and
to his heirs forever, by decrees of July 27 and November 3,
1623, are hereby abolished, from and after the publication of
this decree in the Gazette of Madrid.
- Art. II. With respect to the
dispatches, titles, warrants, and other documents hereafter
issued, and which, in conformity with previous legislation,
require to be stamped with the seal of the Indies, the
signatures thereof shall be legalized by the seal of the
ministry that issues them, without fees of any kind being
exacted for so sealing them.
- Art. III. The minister of the
colonies shall prepare suitable regulations for the registration
of warrants, titles, and dispatches, by the chancery of the
department under his charge.
- Art. IV. All previous provisions
contrary to the prescriptions of this decree are hereby revoked
and annulled.
Given in Madrid
the second of June, one
thousand eight hundred and seventy-three.
- The President of the Government of the
Republic,
ESTANISLAO
FIGUERAS. - The Minister of the
Colonies,
José
Cristobal Sorni.
