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Tribunal of Commerce, in lieu of his own: those Persons not being able to procure such Sureties as the Tribunal would accept, that Body, suddenly, and of its owu accord, decreed that Mr. Meade should, on the following morning, place the money in the King's Treasury, until M·Dermot or Hunter should give the security required; it being declared that all Mr. Meade's property should be embargned in case of nonpayment at the time limited. In pursuance of the said Order, Mr. Meade made the Deposite on the following morning, and presented to the Tribunal the Receipt, in which the 'Treasurer acknowledged to have received the sum in question by order of the Tribunal, to be held subject to the future disposition of that Body. A question having been made, at the instigation of M•Dermot, whether the suin had been paid into the Treasury in specie, or in Treasury Notes, the Intendant answered, to an official inquiry of the Tribunal, that “the Deposite had been made in due form under his inspection, in effective specie, and that whenever the Tribunal should order its payment, His Majesty would pay it in the same coin."
Notwithstanding this, a Suit was brought against Mr. Meade by M‘Dermot; and the Tribunal, aware that it had done wrong in ordering the Deposite, decided, that Mr. Meade should pay the money a second time! An Appeal was entered from this Decree to a Superior Tribunal, (Mr. Meade having a right to that appeal, by the VIlth and XXth Articles of the Treaty between The United States and Spain*.) While the Cause was there pending, the plaintiff (through the English Minister) procured an Order for the removal of the Case
(Extract.)—Treaty of Friendship, Limits, and Navigation, between The United
States and Spain.-San Lorenzo el Real, 27th October, 1795. Art. VII. And it is agreed, that the Subjects or Citizens of each of the Contracting Parties, their Vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition, or other public or private purpose whatever. And in all cases of seizure, detention, or arrest, for debts contracted or offences committed by any Citizen or Subject of the one Party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of Law only, and according to the regular course of proceedings usual in such cases.
The Citizens and Subjects of both Parties shall be allowed to employ such Advocates, Solicitors, Notaries, Agents, and Factors, as they may judge proper in all their affairs, and in all their Trials at Law, in which they may be concerned, before the Tribunals of the other Party, and such Agents shall have free access to be present at the proceedings in such Causes, and at the taking of all examinations and evidence which may be exhibited in the said Trials.
XX. It is also agreed, that the Inhabitants of the Territories of each Party shall respectively have free access to the Courts of Justice of the other; and they shall be permitted to prosecute Suits for the recovery of their properties, the payment of their Debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue be Subjects or Citizens of the Country in which they may be found, or any other Persons whatsoever who may have taken refuge therein ; and the Proceedings and Sentences of the saidCourts, shall be the same as if the Contending Parties had been Subjects or Citizens of the said Country.
to the Council of War at Madrid, where the Sentence was confirmed. Mr. Meade had a right of appeal, but was refused. He petitioned the King, who commanded that he should be heard by the same Court; but as Mr. Meade conceived the Judges to have evinced a partiality in the Case, at Mr. Meade's request 5 new Judges were added to the 5, of which the Court was before composed. In this state of the case, M•Dermot presented a Petition, stating that Mr. Meade was about to leave Spain, and praying that he should be compelled to pay the money or be put into confinement, and the Order was accordingly granted (through the influence of the British Minister) by the 5 primitive Judges, though the King had expressly decreed that no measure should be taken in the Case of Mr. Meade, but in the presence of the new Judges. On the 2d of May, 1816, Mr. Meade was seized and imprisoned in the Castle of Sta. Catalina, at Cadiz, confined in a dungeon, with a sentinel at his door, and for several months locked up at night.
The Minister of The United States, Mr. Erving, has niade strong remonstrances to the Spanish Government against these unjust and cruel persecutions of an American Citizen ; those remonstrances have drawn from the King an Order to the Council, to despatch Mr. Meade's Case; but there is at the same time strong reason to believe, that while such an Order is given, to amuse the American Minister, a secret Order is given to delay the decision, as the present state of the Treasury would runder the payment of the money inconvenient, it being apparent that the money must be paid on the liberation of Mr. Meade.
For corroboration of the principal facts of the foregoing Statement, and particularly those respecting the Deposite, and the circumstances under which it was made, the President is referred to the Documents herewith sent. Copies of those relating to Mr. Erving's Correspond. ence with the Spanish Goverument, have also been transmitted to the Department of State at Washington.
The Undersigned, in making this appeal to the President, will not presume to add a single comment, but must await the result in trembling anxiety; she cannot, however, avoid respectfully intimating a hope, that if kindly disposed to act efficiently in a case so interesting to Mr. Meade and his family, the President will adopt some other means of attaining his purpose, than through the Agency of Mr. Erving, it being now perfectly ascertained, that the Representations of that Gentleman to the Spanish Government on Mr. Meade's Case, are not received with that respect, or attended to with that promptness and desire of accommodation, due to their justice, to his station and couduct, or to the character of the Country he represents. On the contrary, his Communications have been treated with marked disregard, or answered by trilling equivocations, insomuch as to render his exertions, however well intended and spirited, utterly useless.
MARGARET MEADE, Wife of Richard W. Meade.
(B. 1.)- The Treasurer General of Spain to the Treasurer of the
Revenues or Provincial Rents at Cadiz. ('Translation.)
Madrid, 22nd April, 1817. By return of Post, without fail, you will please state, if the Deposite exists as yet, which R. Meade made on the 19th February, 1814, of reals 1,050,327 and 20 maravedis, in virtue of a Sentence of the Royal Tribunal of the Consulado, of the day prior thereto.
(B. 2.)-- The Treasurer of Cadiz to the Treasurer General. (Translation.)
Cadiz, 291h April, 1817. In the moment that I received your Official Letter of the 22d of the present month, relative to the Deposite of R. Meade, I sent a Copy of said Letter to the Administrator General of the Revenues of the Province, on the 28th of the same month; in consequence of all the Archives corresponding to the year in which the said Deposite was made, existing in his Department and under his control; and under this date he answered me as follows: "General Administration of the Revenues of the Province.
Cadiz, 29th April, 1817. By the Archives of Judicial Deposites, corresponding to the year 1814, which exist in this Administration, it appears unquestionably that R. Meade deposited on the 19th February of said year, in virtue of a Sentence of the Royal Tribunal of the Consulado of the day before, the sum of, reals vellon 1,050,327 and 20 maravedis; and that no sum has ever been returned to the present day on account of said Deposite; which I beg leave to state in answer to your Official Letter of yesterday, in which you transinit me a Copy of the Letter received by you from the Treasurer General of the 22d of this month.
ANTONIO Y SARBE.” And which I therefore beg leave to transcribe to you, as an answer to your Official Letter.
BENITO ELERS, Treasurer of Cadiz.
(C.)- The Treasurer General of Spain to the Prior and Consuls of
the Royal Tribunal of Commerce at Cadiz. (Translation.)
Madrid, 19th November, 1816. In order to answer, with due or correct knowledge, a certain information or request, which has been demanded of me, by my Superiors, with the least possible delay, you will be pleased to inform me, as early as possible, whether, by order of your Tribunal, R. Meade made any Deposite in the Treasury of Royal Finance, or in that of the Revenue? Of what amount said Deposite was ? If it exists at present; and whether there is any impediment to returning the same to him?
JULIAN FERNANDEZ NAVARETE.
(D.)— The Prior and Consuls of the Tribunal of Commerce at Cadiz,
to the Treasurer General of Spain. (Translation.)
Cadiz, 29th November, 1816. UNDER date of the 19th instant, you were pleased to say to this Royal Tribunal, that, in order to answer certain information which had been demanded by your superiors, that this Tribunal should state whether it was true that, by its Order, R. Meade had made any Deposite in the Royal Treasury of Finance or that of the Revenue ? Of what amount it consisted ? If it exists at present? And if there was any impediment to its being returned to him?
In reply to these questions, the Consulado begs leave to state, that, at the Suit of John M.Dermot, who claimed from R. Meade, for Balance of Accounts, the sum of reals vellon 1,050,327 20 maravedis, in the course of the proceedings, this Tribunal gave its Sentence, commanding Meade to deposite the aforesaid Sum in the Royal Treasury of the Revenue; and this was done in Treasury Notes of effective cash, which said Meade had to receive from said Department; and the Deposite was thus made, the Treasurer obliging himself to hold the amount at the disposition of this Tribunal. The sum deposited exists, and though M·Dermot afterwards pretended that R. Meade should deliver him said sum, without any regard to the Deposite, it did not take place, on account of R. Meade having appealed. The said Meade applied to His Majesty, and, through the Minister of Finance, there was issued a Royal Order, dated 10th August, 1815, in wbich it was commanded that, in the mean time that Funds could be collected, wherewith to return the aforesaid Deposite, this Tribunal should suspend its proceedings. This Tribunal consulted the Supreme Council of War on this point, and in virtue of a Despatch, of which the adjoined is a literal Copy, they submitted the Auto; or Proceedings, to the Supreme Council, as commanded by said Royal Order. The Supreme Council makes mention of the same in the aforesaid Document; and it is the strongest proof that the Deposite exists at the disposition of this Tribunal, from the circumstance of the Auto, or Suit, being still pending in the Appeal before the Supreme Council. This Tribunal cannot resolve to whom the sum so deposited is to be returned, and whilst the Suit is dependent on the Appeal, this Tribunal cannot regulate its Sentence or Proceedings.
MIGUEL DE MARRON. Don Julian Fernandez Navarete.
(Addendum.)--ROYAL ORDER for the liberation of Mr. Meade.
Madrid, 20th April, 1818.-(Translation.) Our Lord, the King, having been made acquainted with the Consulta which the Committee of Justice, with Associates from the Supreme Tribunal of War, addressed to His Majesty on the 4th of October last, has again minutely examined the Proceedingstouching the Law Suit pending between Mr. Richard Meade, a Citizen of the United States of America, and Mr. John M.Dermot, a Subject of His Britannic Majesty, respecting the recovery of 1,050,327 reals and 20 maravedis, which were by Mr. R. Meade delivered as a Deposite. It appeared to be satisfactorily proved by the said Proceedings, that the Deposite was really made in cash, that the Royal Treasury had acknowledged it to be so, and that in consequence thereof Mr. R. Meade could not be considered as a Bankrupt, nor be liable to the Imprisonment he was suffering; and, although the like acknowledgment of the said Deposite has been made, in several Royal Orders, in the Depositions of the Ministers of the Royal Treasury transmitted to the said Supreme Tribunal, by the Department of the Secretary of State, by that of the Royal Treasury, and directly by the reclamations made by the same Supreme Tribunal in the Committee of Justice, His Majesty has been pleased again to require the Opinion of the Treasury Department, touching a subject which has such an intimate connexion with the credit of His Royal Treasury. By the Exposition made by the said Department, His Majesty has been confirined in the opinion, that the Royal Treasury could not but acknowledge that the aforesaid Deposite had been really and effectually made in cash, and therefore that it ought to returu the same amount in the same kind. In consequence thereof, His Majesty has deigned to declare avew the same, and to order that, as speedily as possible, the sum aforesaid be delivered to the Chamber of Commerce which has cognizance of the Suit pending between the Parties aforesaid.
His Majesty has, with the greatest regret, seen realized, the disagreeable consequences which were anticipated from Mr. Meade's imprisonment; this incident having raised perplexing difficulties in the important relations between the Government of His Majesty and that of the United States of America, at the most critical conjuncture, and given grounds for the strong reclamations of the laiter in support of those of their Minister at Madrid, which were supposed to have been neglected, exciting thereby, through the medium of the Press, the most unfavorable and alarming impressions in that Country, to the prejudice of the interests of His Majesty ; who has lately received information of the Congress having resolved to proceed with the greatest energy to make severe Reprisals upon the Subjects of His Majesty.
In consequence whereof, and the motives on which the Royal Order of the 25th April 1816 was issued, no longer existing, and those
upon which the Committee of Justice of the Supreme Tribunal had maintained the imprisonment of Mr. Meade, being void, His Majesty has been pleased to resolve, that he shall fortbwith be set at liberty; that the said Deposite be considered as having been duly and lawfully made, and at the charge of the Royal Treasury; and that the Lawsuit in all other respects be continued as the Law directs.
All of which I communicate to the Secretary of the Supreme Tri