JB_172_271.xml

Title: [1822 April 30 th Rid yourselves]

Description: 1822 April 30 th

Rid yourselves

Part II Lett. 3. Appeals unendurable

In this case - nay in almost all cases - distance suffices

of itself to render anything better than despotism and misrule impossible.

Suppose in any province, a functionary sent by your rulers to act in the character

of Governor: supposing him capable of maintaining himself in that character and

maintaining himself accordingly be he who he may, abuse in the opposite shape can not

fail to be abundant: abuse, to the injury of the inhabitants; and abuse to the injury

of your government: to the injury of its dominion - of the pretended expectation of

profit from it, to you in the shape of pecuniary

contributions: to the injury of its dominion, always supposing the existence of it.

Here then is injury. Well then. Against depredation or oppression in any other shape,

shall complaint be made? complaint produces irritation; irritation, vengeance, fresh

cause of complaint, and so on without end. Contrary to all probability, at the end of

half a year, a whole year, or two years, at the hands of the Gobierno through the

medium of the Cortes and the Monarch, suppose an order for redress issued and

received. An individual had been thrown into prison: an order has arrived for his

relaease. For his release? but when? some few months after the day on which Death

without waiting for signature and counter-signature had effected it. Meantime fresh

oppressions have been exercised: oppressions destined or not destined to be followed

by orders for relief. Unfortunately, between the pace of oppression and that of

relief the difference is considerable. Oppression follows oppression at the distance

of a day. Relief follows oppression at the distance of 365 days: oppression is a

dromedary: Relief a tortoise.

As it is with the inhabitants of Ultramaria, so is it with the Government in Europe:

against the Governor in Ultramaria - the Governor who, if there be any limitation to

his power might as well have none, both are equally powerless: destitute of all

effectual

{Note in pencil}

JB. to W.E L. These two supplemental pages are sent without having been confronted

with the four original pages the contents of which were not remembered when these

were written. Should there be any repetition or inconsistency I must trust to you for

the correction of it.

JB_172_273.xml

Title: [1822 March 23 Rid Yourselves]

Description: 1822 March 23

Rid Yourselves

Part I

Letter 3

Ultramaria, submissive, profit none.

Letter 3. To the subject many in Peninsula Spain, the dominion would

be hurtful, even if Ultramarian Spaniards were every where for the present ever so

desirous of submitting to it: hurtful, namely 1. in a pecuniary view.

Ultramaria submissive, profit none - loss great

Spaniards:

To see whether this be not true, let us look a little more closely

into the matter, and, as far as we are able take account of all the several sources,

from which, in the nature of the case, it may have been possible that any such supply

should be derived: in regard to each such source, let us see whether, after the

effects of the dominion under its new modifications have come to be felt the nature

of the case affords any probability that, on the part of the several sets of looked

for contributors any disposition to contribute should continue.

To J.C. 6 May 1822

 To be written on the Copy /copies/ of the Marginal Contents proposed

to be sent before any copies of the Text at large, to /Rio/, Lisbon and Madrid.

After the title of the Letter, as above say - "What is seen is

nothing more than the marginal contents of this 3rd Letter:

not the text of it. This

however will, it is hoped, be found tolerably intelligible; and present a view of the

heads of argument. The text could not be revised and

copied, time enough to be sent by that present conveyance.

You are to contribute as much as they. Are you? the slaves (?) the

benefit to you.

Conclusion. Your Rulers do they mean to make for themselves or you

any profit at the expence of Ultramaria? If yes, then is the Constitution violated

the solemn engagement taken by this fundamental Article violated: if no, thus to you

at least the dominion is not worth having: it is a profit /of it/ which Your Rulers

are striving to make for themselves at your expence.

JB_172_267.xml

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

Description: 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.