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1820.July 28. Reopened Sept. 25
Emancipation Spanish
Part II
Lett 3. Appeals intolerable
III. Appeals intolerable
1.
The above, all the imaginable
burthens on Creolia
from whence, with
or without ground, benefit,
to Spain, could be looked
for. Yet, this such That,
without it, none of those
others could be endeavoured
to be reopened.
2.
From appeals to Spain,
grievous, and probably
intolerable, the burthen
to all in Spanish America.
3.
Not Probable+ that, to
Governors sent to Creolia,
by Spain, power, altogether
arbitrary, would
be allowed under the
change.
+ 6 Aug 1826 day professed
4.
This admitted, to the exercise
of the dominion
in any other manner,
do in this would be necessary
-particularly in
financial and certain
penal cases.
5.
By taxes &c., no promise
would be afforded without
right of appeal from
Creolian, low Spanish,
judicatory, by an Collector
or Public Prosecutor, appointed,
and removable
by Government in Spain.
6.
So, in case of revolt-
disobedience, declared disaffection,
declared discontent.
7.
Yet, from such appeal,
in any case, injustice
and oppression inexhaustible:
inevitable, certain,
boundless, irremediable,
not producible
by other means.
8.
From the expence on
both, denials of justice
to the side unable to
defray the expence: lo
all but a very few.
---page break---
III. Appeals intolerable
9.
By the expence, vexation,
and delay, burthen grievous
to these few.
10.
By its effect on evidence,
great the chance it gives
to misdecision: great the
advantage to the wrong
side: to falsehood and deceit.
11.
Witnesses not permitted lo
follow the appeal, evidence
is sent to the ultimate indicatory,
in a bad shape,
to counteract the effect of
the same evidence in the
good Shape, in which it
was, or should have been,
presented to the judicatory
below. [The shapes described.]
12.
2. Witnesses permitted,
but not forced, the benefit
of furnishing evidence is,
as much to so much, confined
to that party, is but one,
who can bear the expence:
and, besides the expence,
boundless the doors thus
opened to corruption.
Without corruption, even
without corruption,
the bad side may triumph
over the good, by sending
the only material witnesses
or most witnesses.
13.
3. Witnesses forced, power
of applying the forces is
unlimited power of Garnishment:
a power monstrously
mischievous, whether given
to public prosecutor, defendant,
or both.
14.
Appeal given to defendant,
what is to be his condition
during its pendency?
Enlarged, without sureties,
he goes off with his effects:
if not without sureties, he
remains in imprisonment
all the Time, if he can not
find them. How, then, can
he attend to his cause?
---page break---
III. Appeals intolerable.
15.
<p>From an intermediate decision,
shall appeal be allowed
or not2.
16.
The above being the least extent
that can be given to appeal,
proportioned must be
the ulterior mischief from every
ulterior extent.
17.
Cortes Election Appeal.
Disallow it, sole Elector, Returning
Officer. Allow it, comes
the expense, delay, and vexation,
and the intolerable
grievance about Witnesses,
as above.
18.
The more Witnesses, the
more time consumed in
enquiries, each Trifling, all
indispensable. What the judicatory?
1. The whole Cortes?
Times for nothing else.
2. Committees! Members
Time is thus consumed in
in irrelevant Business.
19.
An extraneous judicatory?
this the least evil, if named
by the Cortes, single-seated,
and public. Thus, only, responsibility
better than an
empty name.
20.
By Constitution, Appeal had
been left in darkness. Prudentially.
The appeal established,
oppression manifested
to Ultramarinians.
The exclusion of the appeal,
Spanish rulers would not
have endured. Sole afternative,
Appeal to Peninseclar
ears, or despotism in
Peninsular hands. Of despotism,
they had had enough:
for exclusion of
it, was Constitution established.
By one, or other horn of
this dilemma, your rulers
will be pierced.
21.
The few Ultramarinians excepted,
of the oppression, by
Appeal, you Spaniards speak
without experience. From
Spain to Ultramarinia,
---page break---
Appeal none.
Not so the Portuguese. From
Portugal, to Brazils, appeal-
See what they say of it.
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1820-07-28 |
1-21 |
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008 |
emancipation spanish |
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019 |
emancipation spanish |
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001 |
iii appeals intolerable |
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marginal summary sheet |
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recto |
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john flowerdew colls |
[[watermarks::[prince of wales feathers] i&m 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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