modifications of the kings of Spain, being scarcely ever carried into effect.*

§ Gradually, the encomiendas and repartimientos of Indians, excepting in the working of mines, were abolished ; and in lieu of these primitive grants and privileges, the settlers and their posterity received, as compensation, others; amongst which were, their being entitled to a preference of offices and trusts in their own country; † their being declared nobles of the kingdoms of Castile according to the privileges, laws, and customs of Spain, &c.&c.‡ According to Solórzano, the kings of Spain also entered into specific agreements with the primitive bishops, purporting, that the Creoles, or descendants of the conquerors and settlers, should have the right of holding the chief ecclesiastical dignities, &c. &c. The same stipulations were afterwards confirmed, in theory at least, by various successive cedulas, or royal decrees, still extant in the laws of the Indies; nor were they in any way unreasonable, when it is remembered, that the new world was discovered, conquered, and settled at the expence, and with the blood and exertions of the first adventurers; who, besides, defrayed the charges of the primitive churches, and afterwards maintained the ministers of the altar, with the tythes of their property; the king being debited only with a third part of the expences of the first cathedrais, and of

1

* The Breve Relacion, &c. of Las Casas, (lately reprinted in London gives the most lamentable account that can be imagined, of the sufferings of the primitive Indians: for which reason it was prohibited by the government of Spain.

Ibid, ley 32, tit. 2, lib. 2, and ley. 29, tit. 6, lib. 1. Solórzano Polit. Ind. lib. 3. cap. 14.

some parish churches.* This principle of preference in favour of the Creoles, was still carried further; so much so, that all foreigners, amongst whom are enumerated, such as are not naturalized in Castile, viz. Aragonese, Catalans, Valencians, &c. though allowed to go over to reside or traffic there, were not eligible to any ecclesiastical benefice in Spanish America, not even when named by the king himself. Thus it was, that to empower the Navarrans, naturalized in Castile, for the above purposes, an express law of the Indies became necessary. ‡

With regard to temporal dignities and offices, the laws are not less explicit. Many royal decrees contained amongst the laws of the Indies, expressly declare, "that in all cases of government, justice, administration of finance, commissions, encomiendas of Indians, &c. the first discoverers, then the pacificators, and lastly the settlers, and those born in the said provinces" (of America)" are to be preferred." Nor are these, and many others that might be named, vain and pompous privileges, granted at the instance of flattery, extorted in any undue manner, or obtained without the surrendry of good equivalents and consideration. On the contrary, they form the basis of the social compact, instituted between the kings of Spain and the first conquerors and settlers, on behalf of themselves and their posterity; who thus ceded up to the crown of Castile, those regions they had discovered by their enterprize, won by their blood, and settled with their own fortunes, on condition that they, the said kings, kept the compacts and agreements contained in the laws of the Indies,

* Ibid, ley 2, tit. 2, lib. 1. et alibi.

+ Ibid, ley 31, tit. 6, lib. 1.

Ibid, ley 32, tit. 6, lib 1

wherein they are termed privileges; the basis of which has been just quoted.*

§ Even the Indians, in accepting the dominion of Spain, came under certain stipulations, called in the laws, capitu lations; by which their rights were defined, and their relative situation, as social beings, was established. Charles V. after the consultation held with Las Casas, at Valladolid, in 1545, declared, that the wars waged against them were unjust and tyrannical; and even prior to that period, in 1537, it had been decreed, that those of their laws and customs, which were not opposed to the spirit of the Christian religion, should be observed with equal force, as if they had been specially decreed by the king. An acknowledgment was made of their classes and nobility; these were exempted from tribute, as were also their caciques, lords, magistrates, and governors, who were, besides, allowed the right of addressing the king in person. The compacts formed with the Indians of Tlaxcala and others, in consideration of their auxiliary aid, are, also, seen in the respective accounts of the Mexican and Peruvian conquests. After the establishment of Spanish power, when any insurrections amongst the Indians occurred, the kings always ordered new privileges, grants, and exemptions to be offered to them, as a means of pacification; and every thing, in theory at least, tended to inspire them with confidence, in the solemn pledges and promises made to them.† Remesal observes, that the laws and compacts made in favour of the Indians, are, in substance, mere conclusions, drawn from the writings of Las Casas, in which,

* Vide, La Revolucion de Mexico, tom. 2, lib. 14, lately printed in London, wherein this point is treated at full length and with great erudition.

+ Ibid, ley 9, tit. 4, lib. 4.

having proved the injustice and horrors of the conquests, he argued that the kings of Spain, as the protectors of the gospel (the only title by which the new world was at first held*)were rigorously bound in justice, not to injure them in their natural rights, property, or persons.† In . numberless other royal orders and decrees, it is further commanded, to "treat the Indians well; as free men, and vassals of the crown of Castile, as in fact they are." Thus by the laws themselves, the legislative power over the Indians, is not left absolute and arbitrary in the hands of the monarch himself, much less so, in those of the self created governments of Spain.

Even the social footing of the negroes in Spanish America, was established by a solemn compact, made between Bayano their king, and the Marquis de Cañete, viceroy of Peru, in 1557. According to Garcilasso,+ they then agreed to lay down their arms, on condition that they were allowed to settle as natives of the country, and had the privilege of freeing themselves, when ever they were possessed of the requisite funds. Their free descendants of colour, are consequently entitled to the rights of their forefathers, yet, as will hereafter be seen, the Cortes themselves have not only deprived them of the right of citizenship, but have even excluded them from the general census.

§ Thus does it appear, that from the time of queen Isa

* Vide Alonzo de jedas address to the Indians, in Robertson's History of America, vol. 1, note 23, page 269; also Pope Alexander sixth's Grant, and queen Isabella's will.

+ Revolucion de Mexico, tom. 2, lib. 14.

+ Cement del Peru, part 2, lib. 3, cap. 3.

The price for freeing a prime negro, fixed by law, is 300 dollars, which not being left to the will of the master, as in our colonies and those of the French, greatly promotes emancipation.

bella, the Spanish settlements were inseparably united and incorporated with the crown of Castile; and as before noticed, Charles V. took a solemn oath, for himself and his successors, never to alienate or disunite them. They were united, even on more favourable terms than Andalusia and Galicia had been, for they retained their own rights and privileges, whereas the constitutions of the latter, were absorbed in that of Castile. Aragon, Portugal, Italy, and Flanders, were, at one period of the Spanish monarchy, on a similar footing with the Indies, and had in Spain their respective supreme councils, similar to that destined to govern the American provinces.* It was ordered also to erase from the laws of the Indies, all title, name, or idea of conquest; and as before stated, the Indians were not only declared free, but also subjects of the king, the same as the Castilians. †

The kings themselves, never addressed their American provinces, by the name of colonies, but always gave them the title of kingdoms; nor is the former denomination to be met with in the laws of the Indies. The appellation of kingdoms was even enacted by an express law. Charles V. was, at that time, also emperor of Flanders and of Italy, but on his coins was alone engraved, Emperor of Spain and of the Indies, and in some of the Royal decrees of Philip II. he styles himself Emperor of the Indies, only. As the governing system of the American provinces improved, viceroys, not factories, were sent over to govern them, with the full representation of alter

*Revolucion de Mexico, tom. 2, lib. 14.

+ The incorporation of Spanish America was decreed by Charles V. in Barcelona, 14th of Sept. 1519, confirmed by Donna Juana in Valladolid, 9th of July, 1520; in Pamplona, 22nd of Oct. 1523; in Monzon, 7th of Dec. 1547, by Philip 11.; in Madrid, July 18, 1563, and Charles II.--