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of the Funds deposited by him in the Royal Treasury of the Province, to the Consulado of Cadiz, or to such Person as it may appoint to receive the same.
I renew, &c. H. E. Don Pedro Cevallos.
GEORGE W. ERVING.
(7.)-Mr. Erving to Don Pedro Cevallos.-Madrid, 25th October, 1816.
[See Page 484.]
(8.)—Don Jose Pizarro to Mr. Erving.—(Translation.)
Madrid, 7th November, 1816. I have laid before His Majesty your Note of the 21st of last month, in which you insist that the sums deposited by Mr. R. Meade in the Royal Treasury, should be paid over to the Tribunal of Commerce of Cadız, or to whomsoever it may authorize to receive them. This affair appertaining to the Ministry of the Treasury, His Majesty has been pleased to determine that your said Note be transmitted to the Secretary of that Department, that through his channel it may again be submitted to His Majesty's decision.
I renew, &c. Mr. Erving.
(9.)-Mr. Erving to the Secretary of State. (Extract.)
Madrid, 12th May, 1817. By my Despatches, Nos. 20, 23, 24, I had the honour to submit to you Copies of the first part of my Correspondence with the Spanish Secretary of State, on the Case of Richard W. Meade. As that Gentleman, despairing of the success of my efforts in his favour, desires that the whole of his Case may be laid before you, I now transmit Copies of all the Notes which have passed on it since the month of November. The Hon. James Monroe.
GEORGE W. ERVING.
(10.)-Mr. Erving to Don Jose Pizarro. Sir,
Madrid, 25th December, 1816. On the 7th November, your Excellency replied, to my Note of 21st October, on the Case of R. W. Meade, an American Citizen, in Prison at Cadiz, that you had transmitted the same to the Minister of Hacienda, that the Royal Resolution might be given through that Ministry. In consequence, as I presume, of your Excellency's Communication to the Minister of Hacienda, Mr. Navaretti, the TreasurerGeneral, wrote to the Consulado of Cadiz, on the 19th November: the Answer of that Tribunal is dated on the 29th November. It is completely satisfactory, and in perfect accord with what I have stated to
you on the Case. Why a Copy of it has not been already transmitted' to you, I will not undertake to conjecture; but, seeing that this Document, as well as others in the Cause, do virtually confess, that the proceedings against Mr. Meade are of the unjust and violent character which I have attributed to them, and that every unnecessary delay is an augmentation of the injustice, as I ought to believe, and am persuaded, entirely contrary to the disposition of His Majesty; for these reasons, I pray your Excellency to demand from the Minister of Hacienda, a Copy of Mr. Navaretti's aforesaid Correspondence with the Consulado, and to lay it, in conjunction with my Representations, before His Majesty.
I remain, &c. H. E. Don Jose Pizarro.
GEORGE W. ERVING.
(11.)- Mr. Erving to Don Jose Pizarro. SIR,
Madrid, 14th March, 1817. In a Note of 16th September, 1816, to your Excellency's Predecessor, I required that the Treasurer-General of the District of Cadiz, should be ordered to pay, to such Person as the Consulado of Cadiz should appoint to receive the same, a certain Sum of money, which had been deposited with said Treasurer, by R. W. Meade, an American Citizen, in obedience to an Order of said Consulado, and for which Sum said Meade then was, as he still is heid, in Prison.
Having been aswered by Mr. Cevallos generally, that the Affair of Mr. Meade was before the Council of War, I insisted on my former demand, (in a further Note of October 21st ) showing to the Minister, that it had no necessary connexion with any process depending before the Council of War; and further, that it was not possible for the Council to satisfy my Reclamation, even if it should be disposed to do so, because it had no faculty to give such Orders to His Majesty's Treasurer, as I had desired.
In answer to that Note, your Excellency was pleased to inform me on 7th November, that, as my demand related to the duties of the Minister of Hacienda, His Majesty had resolved, that my Note of 21st October, should be passed to that Minister, to the end that, througk that Department, the Royal Resolution should be given. “Se pasa la citada Nota al Señor Secretario de dicho Departamento, para que por su conducto recayga la Real Resolucion.”
In consequence (I presume) of this measure, the Treasurer General, Senor Navarete, wrote to the Consulado of Cadiz, on the 19th No. vember, requiring that Tribunal to inform him particularly as to the aforesaid Deposite. The Consulado replied to the Treasurer on the 29th November, that the Deposite had been made by its order, that it had been made “in effective,” (" en Libramientos de Plata effectiva,") that it existed at the Treasury, and that the Treasurer had made himself responsible to the said Consulado for the amount. (1816-17.]
I annex to this Note, a Copy of that most important Correspondence between the Treasurer and the Consulado,* and which your Excellency was pleased also to procure a Copy of from the Minister of Hacienda, pursuant to the l'equest contained in my Note of 25th December.
This Correspondence leaves not the least doubt as to the nature of the Deposite, or its actual existence; and I assured myself, that it was all that could be desired, and that it must necessarily produce an immediate Order for the release of Mr. Meade from Prison. I am, therefore, much surprised to find, that the Affair, instead of having been despatched, as I understood by your Excellency's Note of 7th November, that it would be, has again fallen back into the hands of the Council of War, which Tribunal, as before observed, cannot have any control over the operations of His Majesty's Treasury.
If the Council of War should enter into any inquiry as to the nature of the Deposite, can the result, whatever it may be, of that inquiry, be opposed to the complete, plain, and unequivocal declaration of the Consulado of Cadiz, the very Tribunal, by order of which the Deposite was made, and which is most interested to ascertain its nature, and its actual existence ? But in no view can it be of the least importance in considering, or should it have the least influence in deciding upon my Reclamation, whether the Deposite is, or is not satisfactory to the Council of War; and, therefore, I will not here enter into its past and present proceedings, nor will I advise Mr. Meade to appear before that Tribunal, to prove any thing which may relate to the nature of that Deposite. It is sufficient that the Deposite was made by the Order of the Consulado; that it was paid into His Majesty's Treasury, and is now there. All this is proved by the confession of the Consulado, itself; and I cannot acknowledge the justice of any plea for holding Mr. Meade in Prison, by a Decision of another of His Majesty's Tribunals, for the very Sum thus deposited.
His Majesty's Treasury has the money in question :- Mr. Meade is suffering in Prison under His Majesty's authority! What can be more simple than the course pointed out by justice in this Case ?
As the Representative of the American Government, the natural protector of its Citizens against all injustice, I appeal directly to His Catholic Majesty against the injustice of those acting in bis name, and under bis authority; and I request your Excellency, as the proper channel of communication, to lay my Reclamation before him. And if His Majesty should desire to be more particularly informed of the Proceedings of the Council of War, and of all the persecutions which this American Citizen (who, I cannot but remind your ExcelJency, so much contributed to support the cause of Spain in the most critical epoch of her affairs) has suffered; then, if His Majesty will
* See Page 620.
condescend to peruse the last Memorial which Mr. Meade addressed to him, he will, I doubt nut, see enough to reprehend.
&c. H. E. Don Jose Pizarro.
GEORGE W. ERVING.
(12.)-Mr. Erving to Don Jose Pizarro.
Madrid, 241h March, 1817 With my Note of the 14th instant, upon the Case of R. W. Meade, an American Citizen, confined in the Castle at Cadiz, I transmitted to your Excellency, what ought to be considered as the most satisfactory and conclusive evidence, relative to the nature and the actual existence of the Deposite made by bin in the Royal Treasury of that District, by order of the Consulado of Cadiz: it appeared to me that nothing further could be required, and that if your Excellency would lay it before His Majesty pursuant to my request, that it must produce an instant Order for the release of Mr. Meade: but seeing that the sufferings of this Individual still coutinue, I cannot omit any measure, however surperfuous it may appear, which may possibly contribute to bis release, heaping proof upon proof of the injustice done to him.
It is therefore that I now send to you (herewith inclosed) a Certificate dated 15th March (regularly authenticated) of Don Antonio Y. Zarbee, “ Contador Principal de Rentas Provinciales” of Cadiz, who is the only Person authorized to grant Certificates relative to the operations of the Treasury in that District, and througli whose hands all such matters must vecessarily pass. This Certificate has been granted on the Petition of Mr. Meade, which I also take the liberty of inclosing
I beg your Excellency's particular attention to this Certificate : it is ample and explicit in every respect, and I am persuaded must convince you that no further research on the points in question can be necessary I therefore confidently re-urge my request, that your Excellency would be pleased to lay my Reclamation before the King and I rely on His Majesty's just disposition for the immediate release of Mr. Meade.
&c. H. E. Don Jose Pizarro.
GEORGE W. ERVING.
(13 )-Don Jose Pizarro to Mr. Erving.-(Translation.) SIR,
Madrid, 121h April, 1817. IMMEDIATELY that I received your Note of the 24th of last March, I directed, by order of the King, my Master, the Supreme Council of War, to despatch with all urgency, the “ Consulta” which had been required of it, relative to the Affair of Mr. Richard Meade, with the House of Hunter, Rainey and Co. of London, and I wait for the said
Consulta, to lay the matter before His Majesty, and to obtain his Sovereigo Resolution.
I renew, &c. Mr. Erving
JOSE PIZARRO. (14.)-Mr. Erving to Don Jose Pizarro.
Madrid, 9th May, 1817. I have the honor to acknowledge the receipt of your Excellency's Note, of the 12th April, in reply to mine of the 24th March, relative to the Case of Mr. Meade. You are pleased to inform me that on sight of my said Note you ordered the Council of War to despatch, in all haste, the “ Consulta" which you had previously asked of it, relative, to the Affair between Don Ricardo Meade, and the House of Hunter, Rainey avd Co. of London.
I ought to presume that, by this Order, your Excellency meant to promote the object of my former Representations; but permit me to observe, referring to those Representations, that in no part of them have I considered the termination of any Process which may be pending before the Council of War, between Mr. Meade and the English Merchants, as at all essential to my purpose, which has been simply to obtain the release of an American Citizen from an unjust imprisonment;—an imprisonment which you yourself, in a Letter of December 8th, to the Council of War, have declared to be illegal. In that Letter, your Excellency has said, that Mr. Meade's Case is not sufficiently comprehended within the Law, under the pretence of which he has been imprisoned : "quien, (Meade,) no está bastante determinadamente comprendido en el caso de la Ley que se cita para su arresto."
Independent of this legal point, I have shown to your Excellency, in my former Notes, that the imprisonment is unjust, because His Majesty's Treasury has the very Funds which should be paid to satisfy the Judgment of the Tribunals. It was long since de. cided that Mr. Meade was a Debtor to the English Merchants: the Funds in question had been deposited in the Royal Treasury, by order of the competent Tribunals; and it has been proved, by authentic and complete Documents, that the Deposite exists in the Treasury, as effec. live cash. What I have required, then, as a measure of the plainest justice, is, that these Funds should be paid by the Treasury to satisfy the Judgment. Thus, Mr. Meade would be released from Prison, of course, and all necessity for a legal decision, as to the nature of his imprisonment, would be superseded, and all litigious questions between him and the English Creditors would cease. I had certainly succeeded in impressing your Excellency with this view of the subject, for, as far back as the 7th November, you informed me that the Affair was properly within the Department of Hacienda, and that His Majesty would give his decision through that Department. Under the same impression, doubtless, you wrote to the Minister of Hacienda, on