The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-03-11

after prize is brought into Port,a decree thal be
rendered by the irlf tribunal, and if there is APP
peal to the eeond that that appeal ihal be tried and
decided within fifteen days. Tins proviiion, in the
Prelent as in an,oit every other nanoe, has been
totally overlooked. Every art was firth tried to en-
trap the captaias and make them the ntrmnents OF
their own defeat and means, however fraudulent
were left untouched, by which corrupt Judgment
could be fecured. One of theie m. ans worthy Of
notice Our treaty with Spain lays that hories s.nb
their furniture, contraband. On board of thele
veiles were neither faddles nor Enthusiastically how.
ever, vefiel from Rhode Hand i'll with iup-
ply at both, which were immediately purchaied by
the thrice-w worthy agent, Sener Dor Toff Xav4si,
dyaHsi~erf; and the captains, Trip and Anthony
having Certain information that it intended fc-
eretiy to convey them board their v..s and after
wards TO call afeareh Represented their fears to the
governor, and petiioned to have the matches feae,
which was dome accordingly. In few days after. in
consequence OF this fufp;con, rather OF expr.iiup
1t, they were arreited, and they would betray
their informant, impriioned during fourteen OF fifteen
DAYS.
When every thing was prepared and perfectly ripe
about the beginning Of December, decree Of con-
dennation was pronounced by the corrupt and brib-
ed Don Manuel Garcia, Auditor or Judge of Ma
rne, aganif both vefI-ls and their caryoes witbou,
reierve. When this decree was prefented to the 90
vernon, he. EnGbhe of its injufice, and previously
aPprzed of the venalty of the judge, wrote on the
margin, " can by no means confirm this fenteucx
l. therefore, refer it to the Auditor of War, order
that Judgment may be given more copiormably to
the principles of juilice and equity The Auditor of
war condemned the hores, but liberated the velies
and the remainder of their cargoes throwing ON
each party their own COTS. Of this fen,ence Ihay
endeavor to procure copy, and fend you tranila,-
on. thus they now fand: their voyages deiiroyed:
their veil-ls detained FIVE months, and not We.
put into their poeion, exhibiting the appearance of
perfect wrecks; the fate of the eargoes or the plum
der committed, unknown but however great the lofs
without any hope Of redrefs or remuneration.
Let thete few inltances nand before the eyes of
our countrynen, as frking examples of Spanih Juf
t'ce, and as proofs of what faid above that if wa
have not fuHered as much in Porto Rico as in Cuba
we have neither to thank the hyperion excellence of
the laws, nor the hyperion virtue of thofe who admit
niler them.
lii not merely sgau the reialt ofthe adjudication.
IN spanrh tribunals, that we have complain but A.
gaina the flow and deterous nature of their pro.
ecedngs With them every thing muii be done in
writing, and mutt originate with the governor No
or teitmony is received; no oral pleadinps permit
ed. he accuied is never confronted with the aeon.
Ter the defendant heard at the fame time wtb
the pla'nnff The firft fteP is always a petition to
the Gov-rnor-l ntendant, which the cafe is JARED
and juffice demanded. He ieldom decide. b;n,Gulr
but refers TO the Auditor of or of marine as the
Gale may be. Perhaps, after 4 detention of fort
mig n, or three weeks, the judge may decide upou il
perhaps he may refer it to the other party who an
plies by another petition, which is proceeded u,on !,
nm'ar manner. Each anIwer or each decree pro-
'uees new remonitranee and thus memorial fol-
lows memorial anfwer follows anfwer, and DEERE.
follows decree, until documents are n,ujtpI;ed y,
countieis number, and the proceedings in 2 tr;f;po
ca'ie fweiIed into an immcalurable volume The
Proceis IN the cafe of the Patty would make volun,
Larger than Coke upon Littleton
Having mentioned fome OF the effects of the Span
IN colonial laws, as they operate upon Rrangers in
this iland, fhal, in as few words as poiibIe no,;e
the nagittrate' Whole duty it is to execute them.
D'n I''i1'0 dc 1z0afet, Knight of Santiago, &c.
exc at preient Governor attendant and Captain Ce
neral OF Porto Rico, with WHOM, as have already
'oierved every legal proeefs mufi originate man
"noie intentions are, believe, always good; who
whes TO do right in all cafes but unfortunately. he
has hitherto been iurrounded by fet of men, who
with very few exceptions are utterly unworthy of
confidence; who abufed the truR repofed in them |
III other repeets and feem to conder a. parr of
eher duty and as privilege of their Office to deceive
and lead him aray. He appears either to w,pt re-
icotioh tn Gait them aa, penetration to dcoyer
rea. characters and has contequen,ly, the air
oi oes ,hieniible to the injury they likely to do
20 MN: ihoud he long continue TO fnpport their aas
with ms authority. believe may iafely (av tina,
there Is but one truly worthy perfon among the whole
collection oil thofe who fill the civil d.partm-n, ,ba,
Is, only one who has proved himfelf really houeR |
Inc governor has the power Of deciding in whatever
matters come before him; bur as this would be incur
ring conderase Responsibility, 1t is what General |
Monies very rarely does and in 10 cafe within nv |
view has done. Ills manner is to refer TO the Aud
tor OF War or OF Marine, lornetimes to the p,r,v
who, as obierved, replies by another petition. which
with the rit Is handed over to one OF other Of ,b
Judges upon whole deeion he pofIeIes the right of
impoling his negative. This right As in the cafes of
the Folly and the Mary Ann, he will ezercife when
the neeeihty naPParent aud it is only to be regret
tea t'a' he has not more frequently manifeGed his
Prerogative for am well PERU AIDED thar were rho
meanings OF his heart econded by found and aecure
" dieerning judgement, inulice would not with 70
much reaion be charged againa his government
h0nfr' came to the sdtuinin ation of tie afrs of
this colony when they were very much derasged bv |
the maveriation of the former governor Don Raro,
d. CG'O whole ubeeili,y and vepality were eo-eepal
ne finances ware in utter diorder and the re- |
commencement OF hofsilities by preventing the re- |
eept OF the expected and neceary fupplies of money
has contributed to the continuance of the embarraG
Inens IN which he found hmfef, and forced him in.
to meaiures which he would not otherwise have a.
dnpted. The eschequer of,hc inteudepsy is exhauc-
ed the troops are neither fully paid nor fully watched
Tor want OF the means there is now owing 70 them
nan pay Tor four years This abfoute want of mo- |
ney, and the urgent neecfy of DERIVING IL fr,n, fame