date

1820. July 24. Rid yourselves of Ultramaria
1820. July 24.

Rid yourselves of Ultramaria

Lett. 3. Appeals unendurable

probably intolerable, burthen, and cause of discontent, would be imposed upon all

classes of persons, without exception, in Spanish Ultramaria

That powers altogether arbitrary would, under the new state of things, be knowingly

and purposely allowed to Governors sent from Spain to any part of Spanish Ultramaria

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 to functionaries of Government

sent by the ruling few in Spain to reside in Spanish America, the right of appeal

from the local judicatories could scarely 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 Ultramaria would be regarded as

altogether void of promise, if, from the judicatories in Spanish Ultramaria, no such

appeal were allowed to any judicatory in Spain, in favour of a Collector or public

prosecutor, appointed and removable by Government in Spain.

The maintenance of the dominion would naturally be regarded as altogether precarious

if, on proscution for revolt, disobedience, 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 the

Government in Spain.

Yet if any such appeals be allowed, note well the consequence. The practice of

receiving appeals, from any such distance, be the cause what it may, is an

inexhaustible source of injustice and oppression: oppression inevitable, boundless,

irremediable: oppression such as is incapable of being produced by any other means.

By the expence, unavoidably imposed on both parties, it

has the effect of a compleat denial of justice to all who are unable to provide for

that same expence: that is, to all the inhabitants of the territory, with the

exception of a comparatively small number.

By the vexation and delay, in

addition to the expence, it imposes a grievous burthen on the few who are not

absolutely incapable of sustaining it.

By its effect on the body of evidence belonging to each judicial suit, it gives a

prodigious chance in favour of misdecision

Letter 3. (Title of the Letter To the existence of the dominion, Appeals to Sapin

are indispensably necessary: to her Ultramarians they are a grievance unendurable.

Appeals, indispensable, yet unendurable.
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    - for sympathy. If Christians let the d o in this world be done by.

    Yet if any such appeals be allowed, note well the consequence. The practice of receiving Appeals from any such distance, be the cause what it may, is an inexhaustable source of injustice and oppression: oppression inevitable, certain, boundless, irremediable: oppression such as is incapable of being produced by any other means.

    By the expence unavoidably imposed on both parties, it has the effect of a compleat denial of justice to all who are unable to provide for that same expence: that is to all the inhabitants of the territory with the exception of a comparatively small number.

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  • Title: [1820. July 24. Rid yourselves of Ultramaria]
    Description: 1820. July 24.

    Rid yourselves of Ultramaria

    Part II

    Lett. 3. Appeal unendurable

    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 his pleasure

    to ruin, is thus lodged in his hands. He institutes a goundless prosecution: a

    decision is given against him: he appeals from it.

    On the other hand, suppose this same right 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 at a distance from Spain, in imprisonment, even though innocent,

    till the definite 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 consequence, 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 the one part to evasion on the other part!

    Moreover, in each sort of cause, and on each side of it /each cause,/ think what

    will be the consequence if, after judgment pronounced, execution thereof is to be

    suspended by the appeal? and what, if it is to be performed, even though it be but

    provisionally performed,- notwithstanding the appeal?

    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; disposition to discontent, to disaffection, to

    disobedience, to revolt.

    Think