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)
The accusation made by 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
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
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 .