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[clxvii. 248]
1821 Aug. 6
Rid Yourselves
Lett. 5 Continued Submission impossible
Cause 5. Appeal unendurable.
Cause 5. Appeal indispensable and unendurable. From Ultramaria to Spain, Appeal is in all cases at once indispensable and unendurable. Such is the dilemma. 1. Indispensable: because without it, the local Ultramarian Government in the several Ultramarian provinces whether Spanish or Ultramarian interests predominate in it is absolute. 2. Unendurable because while the justice /rectitude/ of the decision rests on the evidence of witnesses; their appearance if forced, involves in it banishment of the innocent and even unaccused, with intolerable expence: if voluntary expence so enormous, as to operate to the prejudice of every party unable to bear it, denial of justice.
Apply this in particular to the case of contested Elections Election of Deputies in /from/ Ultramaria to the Cortes sitting in Spain.
On this subject, the Code is silent. Good reason why. It could not have spoken without throwing on the untenability of the claim light too glaring to escape any eye /to be endurable/.
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