date

1820 June 21 Emancipation Spanish
1820 June 21

Emancipation Spanish

'.6. Creoles repugnant

Appeal

If disallowed altogether, then in ordinary cases, injustice in the several shapes just mentioned - injustice so far as liable to be produced by the right of appeal is prevented

But in this case, on this supposition, your rulers deprive themselves of one of the choice[?] /great/ fruits of dominion: and not only of a fruit of dominion, and at the same time of any means of what may be regarded as a necessary means of securing it

On this supposition, think in the first place what supposing it ever so valuable to you in respect of revenue, on the supposition of appeal, it would /might/ be worth to you on the supposition of no appeal. In a case /Take the case of a cause/ for the recovery of a mans contribution to a tax imposed in the provinces in question by your rulers in Spain for the benefit as they will say, of both countries. This they may say: but this the people of the province, if they do for the first moments will not long continue to believe. The Judge or Judges if they are taken from the people of any part / that or any other/ of what is now Spanish America will have the same feelings with the people of Spanish America: sooner or later they will so manage that the contribution shall not be made[?], and that the taxing law with every thing that belongs to it shall be inefficient and unproductive. So much for revenue cases

Take now the case of a political /a state/ offence striking, more immediaitely against government: meaning [...?] the dominion of Spain over Spanish America. A functionary, civil or military refuses or omitts to obey orders received from Spain. He is prosecuted for this in a judicatory in Spanish America. Forbid appeal the judicatory in question puts an end to the dominion in question whenever it pleases
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  • Title: [[clxii. 7] 1820 July 24 Emancipation]
    Description: [clxii. 7]

    1820 July 24

    Emancipation Spanish

    Summary

    III Appeals

    From the eventual removal of lawsuits from judiciaries in Spanish America to judiciaries in Spain - in one word, from Appeals to Spain, while no benefit would be afforded to the subject many in Spain, a most grievous and probably intolerable burthen, and cause of discontent, would be imposed upon all classes of persons without exception in Spanish America.

    That powers altogether arbitrary would under the new state of things allowed to Governers sent from Spain to Spanish America and made removable at pleasure by order from Spain is surely not to be supposed. This supposition then being put aside, cases there are in which, for the purpose of maintaining the dominion in question, the giving of this right of appeal, to functionaries of government, sent by the ruling few in Spain to reside in Spanish America, could scarcely fail of being really regarded as necessary to the maintenance of the dominion in question. The cases to which this observation is more particularly applicable are financial cases in general and certain penal cases.

    To the finances in Spain, taxes imposed in Spanish America would be regarded as altogether void of promise, if from the judicatories in Spanish America no such appeal were allowed to any judicatory in Spain in favour of a Collutor or public prosecutor, appointed and removable by government in Spain.

    The maintenance of the dominion would be regarded as altogether precarious if in prosecutuions for revolt, disobedience or declared disaffection or declared discontent no appeal were allowed to be made in these cases from the Spanish American judicatories, by a person prosecuting before them in behalf of government in Spain.
  • Title: [[clxii. 9] 1820. July 24 Emancipation]
    Description: [clxii. 9]

    1820. July 24

    Emancipation Spanish

    Summary

    III Appeals

    1 In this way, in so far as success depends upon witnesses if the bad side of the cause is the only side that can afford to send material or the most material witnesses, or if it can send witnesses witnessess it may even without corruption make sure of a triumph over the good side./mor witnesses than the other then, those, even without need of corruption may the bad side make sure of its triumph over the good side./

    3. Such is the effect of appeal on the supposition that witnesses are received along with it, but only on condition of their being voluntary ones: that is in some way or other interested ones. Will the case be bettered if they may be forced? If there exists any where a power of forcing individuals in the character of witnesses to repair from Spanish America to Spain, those by whom the power is possessed, possess in this way a power of inflicting banishment on any or all such individuals as stand comprised within the range of this same power of transmitting evidence.

    In a case such as the above suppose the right of appeal given to a public prosecutor serving in Spanish America by appointment from Spain. The power of banishing Spanish Americans to Spain and thus ruining whoever it may be to his pleasure to ruin, is thus lodged in his hands. He institutes a groundless prosecution, a decision is given against him, he appeals from it. On the other hand suppose it (the right of appeal) given to and exercised by the Defendant: In a financial case, as above, what is to be his condition pending the Appeal? If Enlarged simply, then, if guilty he goes off with his effects. If enlarged no otherwise than on finding sponsors for his appearance before the judicatory appealed from, this Spanish American is, if unable to find such security kept in imprisonment even though innocent, till the definitive decision in Spain is pronounced. And in this case how is his cause to go on in Spain, he being thus incapacitated from attending to it?

    So likewise in case of prosecution for a state offence, as above.

    In each case, and on each side of the case, think of the consequences if the appeal is allowed to be made before the final judgment - made (that is to say) from an interlocutory (as it is called) or say an intermediate judgment: think of the consequence if in such a case appeal is allowed: think of the consequence if it is not allowed. What a door opened to injustice in both cases, to oppression on one side /part/ to evasion on the other part. Moreover in each sort of cause, and in each side of the [...?] what will be the consequence if, after judgment pronounced the execution thereof is to be suspended by the appeal? and what if it is to be provisionally performed notwithstanding the Appeal?

    7. Note that the extent supposed as above to be given to the right and practice of receiving Appeals by and to a judicatory in Spain from a judicatory in Spanish America is the least that can be given to it: proportioned to any additional extent given to it must be the additional oppression injustice, sense of injury and tyranny, deposition to discontent, disaffection, disobedience, revolt.
  • Title: [1820 June 4 Emancipation Spanish]
    Description: 1820 June 4

    Emancipation Spanish

    '.5. People Sufferers

    But of any real profit to be shared among you, the Spanish people by means of any such cramping arrangements, the expectation is illusory. If for the purpose of enabling you to get from them a higher price than you could if they were at liberty to get the commodities in question or the equivalent from foreign nations they are precluded /prevented/ from getting them from foreign nations, and thus the competition between you and foreigners excluded, still there is other competetion which on this supposition would not be excluded, and that is the competition of your mercantile men one with another.

    If in exportation to Spanish America an extraordinary tax were imposed on goods sent from Spain, this would be a direct tax on the Spanish-Americans and the production of those same goods in Spain would be proportionably discouraged and narrowed

    If on importation into Spain, an extraordinary tax was imposed on goods sent from Spanish America this would be a direct tax on the Spaniards, and the production those same goods in Spanish America proportionably discouraged and narrowed.

    Thus in no such indirect shape could any profit be extracted, through the medium of the dominion, from the people of Spanish America, for the easement and benefit of the Spanish people.