The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-30
LAW REPORT.
CIRCUIT COURT OF THE UNITED
STATES.

STATES,
Sitting at Pbifa6ei9bia, Abrrle 90, 1905.
INTHE CASE OF
DON JOSEF CABRERA AND REMIRFZ
THIS was an application by Don Joief Ca
! brera and Remrez for difcharge under the
| Habeas Corpus act. The circumstances of This
very extraordinary cafe are as follow I'm An.
gu't lait, Check for soodols drawn in the name
OF the Marquis d'Yrujo, his Maiefy the King
or Spans Ambaiiador near the United States.
was prcfentcd by a black man at the Rank IF
Pennsylvania, and appeared on infection TO he
forgery: the man, on Interrogation, faid he
bad brought the check, by the order of gentle.
man, 70 whom he conducted meIenger from
the Bsnk--The gentleman proved to be Mr..
Cabrera-two checks, one for 1000 dollars and
the other for GOO dollars had been prefented
prevIouily to this devolopement, and as thew
We're palpably forged, their amount had hean
refunded by the Bank to the Spanifh minifer
The attention of the Bank had of courfe hecn
called TO this fubiett, with view to detea The
perion guilty of the fraud. Don Cabrera totally
denied the accufation, and faid he had received
the checks from Frenchman, who, as If has
hnce appeared, was not in America at the t;p,c
The Bank addref1ed letter TO the Governor an
prifiug him of the circumstances as thew had oc-
CURED. The Governor applied to the Spani(b
Min;fter, and he requefed of the Governor a
warrant to confne Mr.. Cabrera i'm the D-btor,e
apartment of the prifon, till he fhoud learn tb,
pleafure of the King his matter refDeefing hin,
Soon after Mr.. Cabrera wrote to the Mn;aer
protecting his innocence, and Offering to w,ve
his privilege, in order that he might Obtain
fpeedy trial before the State Court. Unon tbe
communication OF this requeff of Don Cabrera's
by the Miniff to the Governor. regular nroc.f.
was ifued againft the prifoner bv tbe At,orna',
General, abilI prefented and found bv the Grand
jury for forgery, and bail demanded in 1000
dolls. Don Cabrera not being able to procure
this bail, was obliged to remain under con6ne-
ment. He then defired that he might b. frn+
nome, to be tried by the laws of his own coun-
try; in purfuance ofwhich the Mininer onplied
to the Governor, and he directed the Artornsv
General to enter nsAe pro/Sgmi on the bill found
againft him. Don Cabrera applied TO the c.
cretary of State for the interference of the 90.
vernment OF the United States; but il does not
appear tnat any lteps were taken to promote h;s
dlfcharge. Under thefe circumstances an ,or,I;1
cation was made to the Circuit Court for Dan
Cabrera's enlargement--the application ,r,s
made by MIR. s.. Levy, fupported by Mr.. Heat.
ley. y '''' mat
Inc Attorney General (M'Kean) ftated that
the Court had no jurifdietion, an,, that tbe ,r
far was entirely between Mr.. Cabrera and III
Spaniil government, for whole orde re fine M;o;c
ter muf wait.
W.T.. ingerioll on behalf of the Bank, hated.
that they were to he confidered rs having M IN,
tereft whatever in the application, either for or
sgainft. ~ W
Mr.. 5. Levy went into an argument of great
length, to Thew that the prifoner was entitled tn
me benefit of the Habeas Corpus aff, and that
this Court had power and iurifiidionto difnenfs
that benefit. He read a paper purporting 70 be-
a.'etter OF advice from the Secretary for foreien
affairs OF the kingdom of Spain, Don Pedro C.
yallos, to Don Jofef Cabrera and Remirez. the
directions (Which were that he ibould come 70
the United States, with falary of 10000 rails
laoout 1000 doars) and an out iit in thelike fnm'
IN order that he might inform hmfeIf in The cmc
toms, politics and laws ofthis country. and for
ward teftimonisls ofbis acquaintance with theft.
matters-t-a alfo directing him to aim AZ tbc
office OF Secretary of Legation, to which he was
to be attached. Mr.. Levy likewjfe read = com.
million, giving bin the grade of Captajns II, The
Provincial militia of Spain, and declaring nj, an.
pointment TO I've as attacked 20 The Office of Sc.
cretary Of Legation in the United States. tow.
Their with panport which recognized his cha.
racter as Secretary.--a certificate from tb.
SSpan'h Mlnifter was read, in which Don Ca.
brera was ityled gentleman AnbaGadoy, adi,mSt