Ruling by a Commission of the Representative Council of the State of Salvador on the accusation made by Jose Maria Montalvo against Jose Ignacio de Marticorena, Secretary General of the Government of the same State, presented to this body on February 14, 1827, Guatemala, 1827 [Translation]

Bibliographic Information

El Salvador. Comision del Consejo de Gobierno, Dictamen de una comision del consejo representative del Estado del Salvador en la acusacion, interpuesta por el C. José Maria Montalvo contra el C. Jose Ignacio de Maricorena (Guatemala: Beteta, 1827)

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Title: Ruling by a Commission of the Representative Council of the State of Salvador on the accusation made by Jose Maria Montalvo against Jose Ignacio de Marticorena, Secretary General of the Government of the same State, presented to this body on February 14, 1827, Guatemala, 1827 [Translation]
Funding from: Funding for the creation of this digitized text is provided by a grant from the Institute of Museum and Library Services.
Author: El Salvador. Comision del Consejo de Gobierno
Statements of responsibility:
  • Creation of digital images: Center for Digital Scholarship, Rice University
  • Creation of translation: Lorena Gauthereau-Bryson, Americas Studies Researcher, Humanities Research Center
  • Conversion to TEI-conformant markup: Lorena Villarreal, Student Researcher, Humanities Research Center
  • Parsing and proofing: Humanities Research Center, Rice University
  • Subject analysis and assignment of taxonomy terms: Robert Estep, Cataloger
Publisher: Rice University, Houston, Texas
Publication date: 2010-06-07
Identifier: aa00214tr
Availability: This digital text is publicly available via the Americas Digital Archive through the following Creative Commons attribution license: “You are free: to copy, distribute, display, and perform the work; to make derivative works; to make commercial use of the work. Under the following conditions: By Attribution. You must give the original author credit. For any reuse or distribution, you must make clear to others the license terms of this work. Any of these conditions can be waived if you get permission from the copyright holder. Your fair use and other rights are in no way affected by the above.”
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Digitization: Page images of the original document are included. Images exist as archived TIFF files, JPEG versions for general use, and thumbnail GIFs.
Translation: This document is an English translation of the "Dictamen de una comision del consejo representative del Estado del Salvador en la acusacion, interpuesta por el C. José Maria Montalvo contra el C. Jose Ignacio de Maricorena." Translated by Lorena Gauthereau-Bryson. The language of the original document is Spanish.
Provenance: The Humanities Research Center at Rice University, under the direction of Dr. Caroline Levander, purchased this material from a manuscripts dealer in 2005. The Gilder Foundation funded the development of the physical archive. Original materials are housed at the Woodson Research Center, Rice University.
Description: Accusing Marticorena, Secretary General of the government, of malfeasance of office. Modern wrappers. A few stains of mildew of water. 3 pp.
Source(s): El Salvador. Comision del Consejo de Gobierno, Dictamen de una comision del consejo representative del Estado del Salvador en la acusacion, interpuesta por el C. José Maria Montalvo contra el C. Jose Ignacio de Maricorena (Guatemala: Beteta, 1827)
Source Identifier: Americas collection, 1811-1920, MS 518, Box 2 folder 13 Item 31, Woodson Research Center, Fondren Library, Rice University. Contact info: woodson@rice.edu
Description of the project: This digitized text is part of the Our Americas Archive Partnership (OAAP) project.
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This text has been encoded based on recommendations from Level 4 of the TEI in Libraries Guidelines. Any comments on editorial decisions for this document are included in footnotes within the document with the author of the note indicated. All digitized texts have been verified against the original document. Quotation marks have been retained. For printed documents: Original grammar, punctuation, and spelling have been preserved. No corrections or normalizations have been made, except that hyphenated, non-compound words that appear at the end of lines have been closed up to facilitate searching and retrieval. For manuscript documents: Original grammar, punctuation, and spelling have been preserved. We have recorded normalizations using the reg element to facilitate searchability, but these normalizations may not be visible in the reading version of this electronic text
Languages used in the text: English
Text classification
Keywords: Getty Art & Architecture Thesaurus
  • Broadsides
Keywords: Library of Congress Subject Headings
  • Montalvo, José Maria
  • Marticorena, José Ignacio de
  • Villaseñor, Gregorio
  • Bolívar, Simón, 1783-1830--Assassination attempts
  • Arce, Manuel José, 1786-1847--Assassination attempts
  • Conspiracies--El Salvador
  • Conspiracies--Colombia
  • Conspiracies--Guatemala
Keywords: Getty Thesaurus of Geographic Names
  • El Salvador (nation)
  • Colombia (nation)
  • Guatemala (nation)

RULING
BY A COMMISSION OF THE REPRESENTATIVE COUNCIL
OF THE STATE OF SALVADOR OF THE ACCUSATION MADE
BY C.Citizen JOSE MARIA MONTALVO AGAINST C.Citizen JOSE
IGNACIO DE MARTICORENA, SECRETARY GENERAL OF THE
GOVERNMENT OF THE SAME STATE, PRESENTED TO THIS
BODY ON FEBRUARY 14, 827Regularized:1827.
C. R.

The accusation made by C.Citizen Jose Maria Montalvo regarding legal violations committed against his person, which occurred on the night of December 24 and documented in the following file, has been placed in the hands of the commission, which was only able to gather all possible documents so that they could clarify the procedures that Montalvo and others have denounced, this, in turn, brought up information presented by Captain Major Gregorio Villaseñor, which should receive most of the council’s attention, because their honor requires it and because it is specified by fundamental law. The commission will give its report based on the merit of all the mentioned documents.

Montalvo was imprisoned by order of the Commander General on the night of December 25, as proved by the suit brought against both him and Villaseñor and by the report the same Commander General gave to the council. In virtue of this, the commission will make the corresponding petition to the arbitrary procedures, which have given merit to the complaint, but, based on that presented by the Commander, would note that the latter erred without malicious intent: he declares that he ruled, to proceed, by the ordinance and other military laws and by the decree of January 19


of last year, which gives the legion all the jurisdiction of ordinance, attempting to demonstrate that soldiers could not enjoy the privileges that it gave or those given to all men by the general laws, because in this case they would have enjoyed two privileges; he had thought that they should be governed by the first and not the second. Indeed, the Commander General could have committed the errors he is accused of in ignorance and, due to this, the commission limits itself to propose that this departmental functionary be made to see that military laws do not govern when they are in opposition with fundamental laws: and that for now, the council not make the corresponding ruling, because it believes that he has proceeded in error: it hopes that there will not be motive for a new complaint in the future; and that the referred lawsuit be returned so as to attempt to fix these concepts through subsequent procedures until their resolution.

The commission will now present a status update regarding what Villaseñor said in his declaration, when he was interrogated by the fiscal judge assigned to his lawsuit regarding what stopped him from submitting a complaint about the Minister of the State, what he later revealed, and the case documents that were consequently ordered to be gathered. First, however, the speaker feels he should assure that the council fulfilled its duty, since otherwise it would be exposed, because they would have been accused of tolerating the crimes assigned to their care, which they could not disregard without ignoring their obligation and without provoking gossip, which it has not been free of since last year, when one of the points that is currently being brought before the body’s consideration was left unresolved. It turns out that some of these crimes have actually been committed by the Minister of State, as expressed by Villaseñor and others, such as having toasted to the destruction of Bolivar and Arce (report from the same minister, folder 10 of the lawsuit). The commission abstains from expressing


its opinion regarding this matter, due to fair considerations, however, despite its gravity and having been found conclusive in this part of the penal code, part 1, chapter 2, article 222, and only thought necessary to propose it before you for the State’s honor, compromised by the minister, and since news of the act will probably reach the Minister of Colombia, a copy of this part of the judgment and the cited report from folder 10 shall be sent to the President of the Republic, for the satisfaction of the same Minister of Colombia, and with the goal that he make use of the opportune judgment to the Honorable Liberator. [1]

The results of the cause prosecuted in the first court of this city to Gregoria Córdova are as follows: that… and the Mayor, having proceeded against her, the writ of imprisonment having already been issued, (the minister) went to remove her from the same court, as appears in writs carried out in the same cause: which is a true crime, included in the same code, Chapter 5, article 304 § 2 and Chapter 8, articles 333 and 334 and other current laws.

From the report given by the Council Office, it turns out that: the same minister has opened private correspondence; and in this part, the appropriate code title 5, chapter 6, article 405 and article 60 of the State and Federal Constitutions is also conclusive.

The minister’s excesses have therefore been proven here; and the laws that condemn him are also presented here. In view of everything, the commission judges and declares:1st that the petition for a cause to be brought up against said minister has been granted, and that an authorized copy of the claim that corresponds to what was presented by Villaseñor be made and turned in with the rest of the documents to the Superior Court of Justice that will order the expansion of the corresponding justification regarding intoxication, which Villaseñor speaks of, and case of not proving it; proceed with respect to this as is fit….

Guatemala: by Beteta, year 827Regularized:1827.


Translator's Notes

[1]
Simon Bolivar


Rice University
Date: 2010-06-07
Available through the Creative Commons Attribution license