Balearic Islands. [1] Two days later, on February 12th, a royal order was issued still more favorable to the unfortunate man, now broken in health. By it the sequestration of his property was removed, with the exception of forty thousand pesos to be left on deposit as a bond for his residencia. To this clemency the council of the Indies was strongly opposed, as being inconsistent with the gravity of the case, and the fiscal, supported by all the members of the council, requested the regency to revoke the orders. [2] No notice was taken of this address, and Iturrigaray was released, when he retired to Algeciras. On the 28th of October, 1810, however, the second regency having been elected, orders were issued therefrom that he should again be placed under arrest, his property sequestrated, and his case proceeded with in the most expeditious manner. It was, however, too late for this action to have any effect. Iturrigaray's property had already been returned to him, and apprehensive of the result if he should again be arrested and put on trial, he crossed over to Africa, leaving it to his wife and friends to fight the case. These so successfully conducted matters that after much debating he was allowed, by order of the córtes, on the 26th of November, the benefit of the general pardon, which in the mean time had been extended to the revolutionists in New Spain, and the impeachment for treason was removed.
In the matter of his residencia, Iturrigaray did not so fortunately escape. Ramon Osés, alcalde de corte in the Mexican capital, was appointed his judge, and as he was a man of high integrity, and had not been a member of the audiencia when Iturrigaray was deposed, Alaman is doubtless correct in concluding that the investigation was conducted with fairness. Yet
- ↑ Copy of the decree of the consejo de regencia, dated February 10, 1810, is given in Rev. Verdadero Origen, no. ii. 47-8.
- ↑ The fiscal advanced numerous reasons in support of the objection raised, and concludes: 'Vuestro fiscal en su respuesta, que apoya enteramente el consejo, dice cuanto se halla de repugnante en derecho y politica a que se lleve á efecto lo mandado en las Reales órdenes de diez y doce del corriente. ' Id., 49-50.
