[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.