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1820 June 21
Emancipation Spanish
'.6. Creoles repugnant
Appeal
If disallowed altogether, then in ordinary cases, injustice in the several shapes just mentioned - injustice so far as liable to be produced by the right of appeal is prevented
But in this case, on this supposition, your rulers deprive themselves of one of the choice[?] /great/ fruits of dominion: and not only of a fruit of dominion, and at the same time of any means of what may be regarded as a necessary means of securing it
On this supposition, think in the first place what supposing it ever so valuable to you in respect of revenue, on the supposition of appeal, it would /might/ be worth to you on the supposition of no appeal. In a case /Take the case of a cause/ for the recovery of a mans contribution to a tax imposed in the provinces in question by your rulers in Spain for the benefit as they will say, of both countries. This they may say: but this the people of the province, if they do for the first moments will not long continue to believe. The Judge or Judges if they are taken from the people of any part / that or any other/ of what is now Spanish America will have the same feelings with the people of Spanish America: sooner or later they will so manage that the contribution shall not be made[?], and that the taxing law with every thing that belongs to it shall be inefficient and unproductive. So much for revenue cases
Take now the case of a political /a state/ offence striking, more immediaitely against government: meaning [...?] the dominion of Spain over Spanish America. A functionary, civil or military refuses or omitts to obey orders received from Spain. He is prosecuted for this in a judicatory in Spanish America. Forbid appeal the judicatory in question puts an end to the dominion in question whenever it pleases
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