1820 June 21

Emancipation Spanish

'.6. Creoles repugnant

Appeal

If allowed in some causes but not in all, then where /at what point/ is it that the line is to be drawn? Draw it where you will, on one side or the other of the line injustice is the consequence.

Take what sort of cause - take what individual cause you will

Appeal in the case /that cause/ in question - appeal from the highest court /judicature/ in Spanish America to a Court /judicatory/ in Spain is either conducive to justice or not. If conducive to justice it ought to be allowed in every cause: if not conducive to justice it ought not be allowed in any cause

If the line /point at which is to be drawn/ between appeal and no appeal between cases appellable and cases non-appellable is to be determined by the value of the subject matter in dispute, in the first place there are but few cases in which the value of the matter in dispute is capable of being precisely ascertained, in the next place this is as much as to any that the source of judicature which is necessary to justice shall be applied in cases of very high value, but that in all cases of inferior value it shall not be employed /applied/. And though some of /in/ the highest parts of the scale of opulence may have disputes relative to matters of the very smallest value, yet the higher on the scale of opulence you carry your unappealable cases, the greater the probability is that in the cause in question appeal will have for its sure effect, as above denial of justice: justice denied to a man for a want of affluence on his part.

What /Which/ too shall be the subject matter the value of which is to determine whether appeal shall or shall not be allowed? the original subject matter as it stood before the commencement of the litigation? or this same original subject matter as increased by costs of suit. If as increased by costs of suit then by him in whose hands the appeal is an instrument of injustice, the [...?] will be seen to be produced.