On this page
-
Text (1)
-
Untitled Article
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
On the 10 th of June 1836 , the first year of the contract under which the Legion had been engaged ( according to the date of the / suspension of the Foreign Enlistment Bill ) expired ; aad some few weeks afterwards several officers and men , having served her Catholic Majesty a full year , claimed the right of
retiring upon the 1 st article of the conditions of service , viz , - * " I . The time of service to be for one or two years , as may ba preferred by the individual engaging to enter her Majesty ' s service . The meaning of this article is sufficiently clear and specific ; any individual was hereby at liberty to retire from the service , if be preferred it , at the end of the first year of his servitude . But , unhappily , the anticipations of Mendizabal , when these
conditions were framed , that the war would be at an end in six rhonths ; and the impression of General Evans that he would be enabled to return , after subduing the insurgent-mountaineers , to his duties in the British Parliament before the end of the next session , had proved fallacious . The Carligts at th 0 expiration of the first year were as strong as ever ; and the officers and men of the Legion were , by the terms of th $
contract , at liberty to lay down their arms . In this dilemma General Evans was completely confounded . He could not venture on his own responsibility to assert that his troops were engaged to serve for two years ; he therefore issued a sophistical order , announcing to them the recondite fact that therfc are " two parties to every contract , " and that he must consult the Spanish Government before he could give any decision oti the subject ;—that he must in fact write to the Spanish Go " vernment to know the meaning of the first condition of the service under which he had himself organized the Legion . " G . O . " Head Quarters , San Sebastian , " 4 th July 1836 .
" Five officers of the 4 th and two of the 3 rd having represented to the Lieutenant-General that , having served in the Legion one year , th * y consider that , by the conditions of the service , they have a right to retire with a gratuity after that period , if they should prefer It to two years ; and that they are now desirous of availing themselves of that supposed right ;—the Lieutenant-General has been at all times desirous
of doing justice to all as far as his judgment entitled him to 4 b so , * * i ^ ut no p 0 Wer whatever has been granted him to decide on a question of this comprehensive nature , at least in point of principle if not practice . There are two parties to every contract . The Government of her Catholic Majesty is the other party in this matter , and , as
a matter of simple justice , it is quite evident that the GovenraWirt should , therefore , be applied to for their opinion on the subject , and this appeal the Lieutenant-General will not fail to make . " The Ipgip f this General Order is very heterodox ; for it j quite clear that as there are two parties to every contract * $ p
Untitled Article
The Civil Ww in Spain . 203
-
-
Citation
-
Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), April 1, 1837, page 203, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1830/page/13/
-