drawn by Say, is perfectly applicable to those of Spain. Enumerating the defects of colonial systems, he observes, "that as the colonial chiefs, do not consider the countries wherein they govern, as those in which they are to live the whole of their lives; they feel no interest in making them happy and prosperous; but, on the contrary, all their views are directed to enrich themselves; because they are aware, that, on their return home, the consideration they are about to receive, will be in proportion to the property they have amassed, and not according to the conduct they may have observed, during their government. If, to this is added, the arbitrary power, it is necessary to grant to those, who go to govern remote countries, we shall there find all the elements, which, in general, compose the worst of governments."* And if in our own distant establishments, where local checks existed, where comparative liberality and equity reigned, and where redress was attainable, chiefs have, sometimes, infringed the rights of the subject, and have been arbitrary and oppressive; we need not to be astonished, that this was the case, in the Spanish ultramarine provinces.

The assumed, as well as the delegated power of the said viceroys,† in its own nature, that is, comprising the executive, legislative, and military attributes, and, also, owing to the arrogant manner in which it was exercised, had, at length, not, only, become repugnant to every feeling of liberty and justice, but, had amounted to a motley despotism, the most scandalous that can be conceived. Besides being possessed of the absolute command, and,

* Economie politique, lib. 1. chap. 23.

+ Their exorbitant power, is emphatically expressed, in one of their own sayings: Dios esta mui alto, el Rey en Madrid, y yo en Mexico. Meaning, that they are out of the reach of control.

against which, it was impossible to appeal; they were allowed to make generals and admirals, whom it was treason to disobey; so that, supported by Gothic tribunals, presided by European judges, with the faculty of interpreting the laws, and of judging of both the evidence and the fact, every one was subservient to their will, and trembled at their displeasure. It was under the unlimited authority of these Audiencias, or high courts of justice, that frequently were seen, clandestine decisions, nocturnal and arbitrary arrests, domiciliary visits, banishments without previous trial, besides numerous other vexations, practised by them, and their inferior satellites. How often, has the friend of humanity, shuddered to be hold, and how often has the impartial and conversant writer of every nation revolted, as he penned the corrupt and debased manner in which the judicial proceedings of Spa nish America, were conducted; and how many have been the victims constantly sacrificed to partiality, corruption, or revenge? Scarcely is there a solitary instance on record, of the frequent violations of private right and public justice, at length, meeting with condign punishment; for it was the custom of the court, to uphold its agents in their crimes, under a maxim of national policy, that it was necessary to support the distant authorities, as the most efficient means to insure subjection.

A Spanish American friend of distinguished family, and great liberality, after seeing the world, assured me, that he often shuddered at what he remembered of his youth. At the age of sixteen, he inherited the right of regidor, or member of the cabildo, or municipality; and in that capacity, and at the above age, he sat as judge on trials for death, it being to this court, that such cases were referred in the first instance. The office of regidor, corresponding to ours of alderman, was inheritable and purchaseable, in all Spanish America.

Thus, thoughout had been established, a practical colonial policy, calculated to depress and paralyze every effort of rising genius and labour; to rivet the poverty of the lower classes, and to blunt every charm of rational nature, and every feeling of social existence. The government of Spain, improvident and illiberal in itself, and sensible of its own wrongs and consequent insecurity, had, thence, become jealous, irritable and oppressive; till at last, little difference could be perceived, between the civil state of the Spanish Americans, and that of the peasant vassals, in the most oppressed of the feudal countries of our continent, as they lately stood, and as they are even yet to be found, in Russia.

Tributes generally, besides destructive mitas, in some sections, were exacted from the miserable aborigenes; the whole of whom, were constituted into the most unwarrantable and eternal pupilage and minority, and debarred from the means of acquiring property.* They were often forced to work, gratis, on the farms of the governors and alcaldes, and often their little earnings, by various means, were unjustly extorted from them. Humboldt says, that the legislation of Isabella and Charles V. had deprived the Indians of the most important rights enjoyed by the other citizens. The venerable bishop of Mechoacan, also quoted by the above author, represented to the king, that in the present state of things, the moral perfection of the Indians was impossible, and that they were held in a state of extreme humiliation and misery; that they have no other means of existing, than by becoming

*The laws forbid an Indian to contract a debt exceeding twentyfive dollars, so that they were unable to earn a livelihood, as traders or farmers; servitude being alone open to them.

+ Essai Pol. &c. vol. 1. chap. 4.

servants of the rich, whence results a clashing of interests, mutual envy, discord and hatred, which are rendered more terrible, by no intermediate state existing between them and the whites.* But monstrous and impolitic as were the regulations instituted for their regimen, and calculated to keep them in a state of eternal ignorance and misery, the personal cruelties and exactions they suffered from the European chiefs, were, still, of a more galling nature. They were, indeed, aware, that this ha bitual oppression, was not only opposed to the spirit of the law, but, also, in direct contradiction to the intentions and wishes of the king: but, yet it existed, and of what avail were the good intentions of the latter, when those who were to execute them, were the first to contravene?

All those, who, in the remotest manner, derived any origin from African blood, by the laws and by custom, were branded with perpetual infamy, and excluded from all society. In pursuance of an adopted principle of policy, that it was necessary to keep each class of the coloured natives, distinct and divided; the most cruel and unheard of punishments, prohibited their union and cohabitation. Numerous specimens of the impolicy of the laws, as well as of systems founded on jealousy and distrust, which, particularly in the latter times, actuated the conduct of the cabinet of Madrid, might be quoted, if I feared not to exceed the limits of a letter like this. Both the Indians and descendants from African blood,

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* Informe del Obispo de Valladolid de Mechoacan,&c. 1799. + The words of the law are, que para adelante, ningun negro ni negra se pudiese servir de Indio, ni India, so pena, que al negro que se serviese de India, se le cortasen los genitales, y si se sirviese de Indio, cien azotes para la primera vez." &c. &c. Vide Herrera, Dec. 8. lib. 6. cap. 12.

all of whom are denominated casts, in Spanish America, have experienced the miseries of a long degraded vassalage, so much had that inherent and habitual propensity to tyrannize, added to an injurious spirit of monopoly, broken down every barrier, erected by reason and justice, and prescribed by sound and enlightened policy.

Notwithstanding the original compacts made with the first settlers, the Creoles were gradually shut out from all participation in the local commands and dignities'; in such manner, that on examining authentic records, it results: that from the period of the first settlement, up to the year 1810, out of 166 viceroys, and 588 Captain-Generals, Governors and Presidents, who have governed in Spanish America, in all 754 ; only 18 have been Creoles, and these few, merely, in consequence of their having been educated in Spain. Even the curacies, prebendaries, and in short, nearly every other civil, ecclesiastical, and military employment, were bestowed on Europeans, not according to merit, but often, as the reward of flattery, intrigue and court favour.* These unjust and

* It would be useless to carry back the reader, to a contemplation of the corrupt state of the Court of Madrid, under Charles IV. and Maria Louisa. The fact is, that almost every office, in America, had its fixed price, the same as a loaf of bread,and in general, all were disposed of, under the rose. The prices current,were as follow, Oidor, or Judge, in Mexico, or Lima, 12,000 dollars, in the other sections, 8000 do, collectorship of customs, 10,000 dollars, and so on, in proportion to the revenue of the office. Another means of obtaining a nomination, was, by marrying one of the maids of honour, who had, perhaps, been little else, than a pander to the pleasures and intrigues of the queen. Even the servants of ministers, were often invested with offices, and I could, from my personal knowledge, quote an instance, of a baker being sent out by even Galvez, as one of the colonial treasurers. And yet the natives of Spanish America, are commanded to bear all these insults and degradation, without repining.