date

1820. July 24. Rid yourselves of Ultramaria
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
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