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.