The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-16 00:00:00

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ADIUNISTRATIONe JtiSTICE in COLOMBIA

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Our readers, no doubt, remember the case of Dr. Pena,
the Pftsittent of the high Court of Justice in Colombia,
who was impeached by the House of Representatives, for
basin.; refund to sign the sentence of a Court-martial on
Colonel Infante, convicted of the murder of a subaltern
officer, named Perdamo. Dr. Pena was found guiltV.by
the Senate, and adjudged to he suspended from his tiffice
fur twelve n:onths, but allowed to enjoy two-thirds 1,
of his salaty. lie conducted his defence with great Ott-
litv. lie oocupied two eotnplete days in delivering it.
The tkils'ion of this important ease will be productive of
very salutary efilets in Colombia. The supremacy of the
law has been established firmly, but temperately. The
sentence of the Court-martial on Colonel Infante WA since
been carried into execution. The *direst; of the Vice-
Presid.nt to the soldiery over the corpse is eloquent and
pathetic in the highest degree.
The following ate the atlicial documents relative to these
trralaCtiOns, extracted from the Gaceta Je Colombia.
DECREE OF THE SEN.I7IE.
The Senate of the Colombian Republic, exercising the natural
power of a Conn ofJustice, conformably with the 27th article of
the Constitution, at Bogota, 21st of March, 1823, having era.
mined the articles of impeachment brought by the (louse of Re.
presentatives against the 31inister of the High Court of Justice,
lir. Miguel Pena, in bin quality of Judge, for having refused to
sanction the sentence found by the said tribunal, in the case of
Colonel Leonardo Infante, for having killed Lieutenant Francisco
Pardons° ; and coaai.kring
First. that this olsatinate resistance of Dr. Miguel Pena, Ali.
Maw of the High Court of Justice, to confirm the sentence in the
rause of Colonel Leonardo Infante, is manitestly against the 107th
op. IS. lib. second, of the compilation of the Indies,
which declares, that all the Judge, shall sign the lien.
dunces, acts, examinatims, or whatever other resolutions
the roa;orlty of the Judges shall have agreed to, although
their opinion and vote may be contrary : that the observance '
of this law it the mere indispensable, as of Itself it teat's
to g sae strength and vigour to
.the decors of Courts, *hilt
in any ether manner would remain without effect, and is one which
the cause absolutely requires t if it is the duty of each Colombian I
to be submissive to the laws. and respct and obey the constituted
authorities, which are their organs, according to the .5:11 article ot',
she Constitution, It is still more so that of a Minister, aha cannot
hays, nor ought to exercise, other functions than those %%bleb the
laws expressly grant ; and lastly, that for the reasons a hich lead to
such conduct as that of the Minister, Dr. Pena, is manifestly
against the duties of his office.
Censiderir.g, in the second place, that the 18:1 article of the
Constitution, in fixing the maximum of our ishment to be ineleted
D y the Senate on the Ministers (Witte High Court of Justice in cases'
of proceedings manifestly against- the welfare of the Republic, and 1
the duties of their station, or serious effences against social order,
does not exclude them from inflicting other milder punish-
ments lees than the maximum, when the offence is not aggra.'
rated with other circumstances ; the Senate, therefore, exercis-
ing the nataral power of* Court ofJustice, and administering it in
the name of the Republic, and by the authority of the law,
declares that the :Ululates of the High Court of Justice, Dr. Ali.
pal Pena, is guilty of conduct manifestly contrary to the duties of
hid effice, and therefore condemn him to be suspended from his cm.
ployment of Minister of the I ligh Court of Justice for the apace of
a rem and himself to pay out of the salary the substitute who shall
his ebarze of his duties. Notify this sentence, and let it be corn.
niunicated to the Executive Power and the high Court of Justice,
after which let the book containing the notes and decrees be sent
for publication to the Colombian Gaze!/e.
President of the Senate. LUIS ANDRES BAR ALT.
Secretary, ANTONIO JOSE CARO.

ORDER OF THE HIGH COURT OF JUSTICE.
BOGOTA, MARCH 22, 11i2S.
Considering that since the celebrated jtidgment of the lath of
November of last year, the Tribunal resolved to suspend the ere-
cation of the sentence pronounced against the Colonel of Cavalry,
Leonardo Infante, on the 11th of the same month and year, by
default of the signature of the Minister, I)r. Miguel Pena, who,
after having agreed to the sentence, refused to sign it; and it
being pmvided by 1041:h and 107th Laws, cap. 13, lib. 2d, of the
compilation of the Indies, that no sentence should be pronounced
or executed until the signatures of all concerned la the judg-
ment should be affixed, although some might be of opinion con-
t-ary to the aentent2. not was it in the power of the Tribunal
to execute it till the requisite proceedings had been gene
tiffettgh the necessity of the signature% of all the Judges is
confirmed by the various dispositions of C.., laws of Castile,
and other wise arts, in which it was also provided, that when any
of the 31inisters who voted at the trial happened to be absent, or
died, or were promoted to another office, before fixing their signa-
ture that the sentences should be executed by the rest : trout whence
it may be inferred, that when none die, and the 3linister who still
refuses his signature be in goal health, the sentence cannot be car-
ried into effect. Resides the laws being so clear and positive upon
this point, the conduct of the Tribunal was laudable, and gave an
unequivocal example of moderation in suspending its proceedings,
thd wiTtlng ft, the repute of the Inquiry instltuigt by the House of
Representatives Retinas the obstinate Minister; so that no ore co t
Impute it to them that they acted with precipitation or too xre it
confidence in their own skill. On the other hand, after the re-
peated warnings which have been given to the Minister, Dr. Pena,
chste.in g him with all the suhaequent evils and misfortunes which
might orignate from it, no other mode was left to compel him to
sign it, for although by the fifth provision of the second arts.
ale of the Organical Law of the Tribunals, the High Court is
enabled to punish the slight offences of any of its members,
yet it could not have remedied the evil, nor could it have taken into
consideration so weighty a charge, or one indeed at all of that
es are. And having received this day the resolution of the 21st cf
this present mouth, passed by the Honourable house of Senate,
assembled in its character of a Court of Justice, in consequence of
an actuation preferred by the Honourable House of Represents-
tires, in which they declare the Minister I)r. Miguel Pena guilty
of conduct manifestly contrary to his duties, condemning him to
be suspended from his employment for cite year, and nothing re-
mains bat the pairs of putting the sentence in execution, since,
according to the tenor of the 47th law, cap. 6, lib. 2d of the Cas-
tilian Compilation (here follows the terms of the Castilian Law, as
before mentioned.) Administering justice. therefore, in the name
and by the authority of the Republic. it is tin-land that the srti-
te.uce pronounced against Colonel Leonardo Infante, on the I Itb
Ncvernber last, shall be carried Into effect forthwith, and to that
end as order, corresponding with this Act, shall be transmitted to
the Cemmandant-Oeneral of the Department, foe its immediate
execution, conformably to the Ordinance.
(Signed) DR. FELLS RESTREPO.
DR. I'ICENTEE AZUERO.
DR. JOAQUIN JOSE GORf.
1)R. BERNADINO TOBAR.
I)IE:f:O 'BARRA.
JOSE MA 111.1 MANTILLA.
Secretary, JOSE INOCENCIO GABRIS.

EXECUTION OF COLONEL INFANTE, FOR DIURDER
Oa the 24th alma month (Match) the sentence of death spoken
of :i the preceding resolution, pronounced against Col. Leonardo
Infante by the Council of %Var. of General Officers, and confirmed
by the High Coort.Marti.il, for the premeditate and treacherous
murder of the Lieutenant of InMntry, Francisco Penton:o, a native
of ili..i.-ovirice of Careens, was put Into execution, in the great
square of this city. This solemn art of justice drew the anew.
t..,n of the whole population of liogata. The criminal preserved
to the last moments that presence of mind which he has so often
mien before the enemies of his cour.try. Ilia march, habited as
he was in military uniform. to the place where the gallows was
ereactL inspired cheering ideas of the stability of the Republic,
whilst it tilled the minds of the spectators with cousternatioo.
In a man raised from the lowest military tank to that of
Colonel, the justice of the Government who had rexaeril him
whilst he employed his sword against the enemies of his country
a-.d of liberty was obliged to be manifested : this some Colonel, a
co::queror in a hundred battles, condemned to lose his lie for the!
rnuo:cr of which he was accused, 'hosed that law exercised all its
tights in Colombia, and equally punished e:.I thole who infringed
upon its crdinanetta. No longer does the unfortunate Colonel
'mart: exist t Grant it Heaven dist a opeetacl: so fearful and
1.11,il irg, rotwithstanding its justice, be never again seen in
147:03:ic !

&sir the execution of the sentence his Exeellency the Vice-
rtesatem presented himself, on horseback. in the midst of the
troops who had assembled on the spot, and thus addressed them :
Soldiers of the Ilepublit !—Behold that arpse !—The laws have
cwt .:mid ti.at act of Justice I—Whilst Colonel Infante employed
hi sword ag.tinst the enemies of the Republic, and served her with
fidelity aid courage, the Government loaded him with honours and
Tomes : but the law air-harmed the whole of its rigour upon him
the day that, fargettiog Ks duties, he treacherously sacrificed a
fillorc.c:risin, also an °Meer of the Republic. Such is the bless.
ing that Colombia has acquired after her glorious sea:flees. Illy
brut is broken with grid with the sight of such • spectacle, and
It require' all the strength of my principle to speak of thou before
thump's!
"SWelietsl—These arms which the Republic has confided to
you, an cot for yon to turn against the peaceful eitim, or to be
employed in the overthrow of your country's laws--they are placed
in your hands that you might defend its independence and liberty,'
that you might protect your fellow.citizens, and maintain inviolate
tr.e Laws which have established the nation. If you deviate from-
thatpath, rectum upon, punishment, whatever may hare been your
Berrie s.
The troops then shouted—view la Republica I

Extract of a lrttcr from Monte Video, dated May 10 :---I
" I:r:stress is cornpletly at a stand, owing to the political
stitc of the country, all communication with the interior
hang cut off. A body of Spanish Patriots (under the
command of a Spanish General, who has revolted from the
l'ortupcse, and who is reported to have committed great
cruelties) arc within seven leagues of this city, and as nu-
mcrous arrests of the principal inhabitants have taken
pace here, and extensive military preparations are going
forward, great alarm prevails amongst all classes of people.
Onforce is very inconsiderable, but as &watches have
ken sent to Rio Grande and Rio Janeiro, it is expected
we shall have sufficient troops, in a few days, to repel any
attach"