Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-05-01
From lie lssricaa Daily .ddvertiser.
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LAW REPORT

CIRCUIT COURT OF Tf3g uNIrEp STATES
Sifsias .a' P5iia.se 'bbia. Apria2o, 1905.
IN THE CASE OF
DON Josef CABRERAt,' REMIREz.
This was an application By Don Jose
Laofera and yRemirez for discharge I'm
der Nc tlabeas Corpus acf. The cir
cumsiances OF this very extraordnar
case are Is follow :--In August last,
Siccl1or s 500 drawn in the name ofth'
Marquis d'Trujo, his Majesty the Ki"e
nj SPANS Ambassador near the United
States, was presented by black man AZ
the Bank of Pennsylvania, and appeared
an inspection 10 De a forgery the man,
on interrogation, said he had brought the
check, by TIE order of q gentleman, TO
whom he conducted a messenger from The
Bank--I'h- gentleman proved 10 be Mr..
, Cabsera---two checks, one for 5 1000 and
( The other for s 600 had been presented
previously to this Development, and as
they we're ralpably forged, their amount
hid been refunded by the Bank To the
Spanish minister. The attention of the
Bark had ofcourse been called 10 this sub.
icc, witha view to detect the person gull
ty Of the fraud. Don Cabrera totally de-.
MED the accusation, and said he had re.
ceivel the checks from Frenchmaa,
who. rs il has since appeared, was not in
America at the time.-rhe Bank address
sed letter to the Governor apprising
him OF the circumstances as they had &c.
cured. The Governor applied to the
Spanish Minister, and he requested OF the
Governor warrant to coniine MIR. Ca
brera in the Debfo;'s apartment OF The PRE-
son, till he should learn The pleasure of
the King his master respecting him
Soon after Mr.. Cabrera wrote to the Mi
mister protesting his innocence, and Of
ferins to wave his privilege, in order
that he might obtain 4 speedytrial before
the State Court. Upon the communica-
ton OF this request Of Don Cabrera's BY
ths Minister to the Governor, regular pro-
cess was issued against the prisoner by
: the Attorney general, a bill presented and
fraud by the Grand Jury for forgery, and
bail demanded in S 2ooo.--Dop Cabrera
not being able 10 procure this bail, wa:o
bligei 10 remain under confinement. He
then dc ,ircd that he might be sent home,
10 be tried by the laws Of his own coun-
Try; Ia pursuance OF which the Minister
applied 20 the Governor, and he direcied
the Attorney General to enter a Yoilc PRO
se7;i on the bill found against hin. Don
Cabrera applied TO the Secretary of State
for the interference Of the government of
the United States; bu; II does no, appear
That any steps we've taken to promote his
discharge Under these circumstances
al application was made 10 tie Circuit
Courl for Don Cabrera enlargement
the application WAS made nv Mr. S. lie
Wy, Supported BY Mr.. lIea,leY.
The Attorney General tNi'Rean) stated
thHt the Cons; had NO jurisdiction, and
that the affair was entirely between Mr..
Cabrera and Che Spanish government, Tor
whose orders she aiiaistcr must wait.
MIR. Ingersoll on behalf Of the Bank,
stated, shat they were TO be considered as
havih:; no interest whatever il the appli
cation, either for or against.
MIR. 5. Levy went into an argument of
great length, 70 s!lew that the prisoner was
entitled TO the 5enelis Of The Iabeas Cor
pus a6l. and that this Court had power and
jurisdiction 10 dispense that benefit. lie
read a paper p1Tpor,ing 70 be letter OF
advice from the Secretary for foreign az
fairs or the kingdom Of Spain, Don Pedro
Cevallos, to Don Josef Cabrera and RENT
reg, the direetions OF which were that hs
should came TO the United States, with
salary nf 10000 RAILS (soout 8 looo) an,
an outfit in the Ike sum, in order that h.
might inform himself in the customs, pc
iitics and laws of this country, and for
yard testimonials IF his acquaintance Wit
these ,nattsrs---and also directing him t
assist at the cl.ioc cf Secretary Of Legati
IN, to which he was to be attached. MI
Levy likewise read a. commission, giviD.
him The grade Of Captain. in the Prov'n
eiai militia or Spain, and debating his ~
pointment ~ be as attached 10 the ofio
sc Secretary OF Legation in tbs Unite
states, tc,sc,her with passport which re
to-rizcd ais character as Secretary
ceriiicase-rrom the Spanish Minister wa
read, in which Don Cabrera was stylei
gentleman Ambassador, adjunct to the Sc
sreiary osLegalion, and said 10 be entitled
10 the benefit &c The laws ofnaiions.
1he Dis.rict Attorney (Dalias) read ;
letter he had received on this subjeA from
the Secretary Of STATE, which stated thai
Don Cabrera had been received in an off.