circumstances; but that the main point of the whole question, now at issue, is, whether the Spanish Americans, in such moments of danger, distrust, and despondency, did, or did not, do right, in thus changing (for the time being) their local government, and placing the administration of their own affairs, in the hands of men, possessed of their trust and confidence?

§ These essential premises being established, it now remains for me to examine, what was the species of government which the laws of Spain enact, as well as the annals of her national history, prescribe, for calamities, like that which had befallen the Spanish monarchy of both hemispheres; and next, whether it was such as the Spanish Americans, equally, adopted. I have, previously, quoted some of the fundamental laws of Castile, which ordain the assembling of the three estates of the realm, in all cases of great emergency and national misfortune. This axiom is, moreover, fully authorized, by the spirit of the Spanish history, by many precedents, and, recently, by the conduct of the whole provinces of the Peninsula. When the functions of the crown, were there unfortunately suspended, the various provinces, immediately placed their confidence in Juntas, and vested in them, the administration of their affairs; with full powers to call forth the resources of the districts under their jurisdiction, and promote their security and defence. Notwithstanding, however, this measure of prudence, there existed in each, a captain-general, and an audiencia, or other equivalent authorities, constituted by the king; but still, these were not sufficient, even, for local purposes. For the general guidance and government `of the realm, a concentration of these provincial Juntas,

was esteemed most conducive to the welfare of the state; and if this concentration, had, only, been made, in a due and consistent manner, (and it was not, as will, hereafter be fully shewn) the hopes of the country, would, never, have been so much frustrated.

Notwithstanding this new measure, the council of Castile, nevertheless, existed; as well as of the Indies; but to neither, was the management of the nation, confided. Yet, in their respective jurisdictions, at home, they each exercised an authority, infinitely superior to the viceroys, captain-generals, and audiencias, in America; for, in fact, they represented the supreme power, as well as the person of the king. Still, they were overlooked in the new arrangements, and the people of the Peninsula, considered that the Council of Castile, was not adequate, to fill up the void newly created between them, and the sovereign. And what greater reasons existed in America, for the inhabitants to trust their all, in the hands of local viceroys, captain-generals, and audiencias, under the guidance of the council of the Indies at home? Ler us call for the test of fact and experience, and thereby ascertain, what fresh proofs of probi- · ty, rectitude, and sincerity, there existed in them, at the : precise period referred to, more than had been evinced by: the governors of the European provinces, or by the council of Castile, when the form of government was changed. The general conduct of the transmarine authorities has been, already, pointed out, and as for the Council of the Indies, from the time of the Spanish revolution, in its plans for the well-being of the country, over which it presided, it had done nothing more, than send over orders, and full confirmations to the powers of the

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chiefs and bishops in office there, as the best means, to insure subservience to Napoleon.

§ In Europe, we have seen both of these councils, under the necessity of submitting, first to the Central Junta, then to the Regency, and afterwards, to the national Cortes. And in what way was the loss of the king, to be supplied in America? In the annals of Castile, no traces or precedent of a monarch having been, surreptitiously, taken from amidst his subjects, is to be found; consequently, such a case as the present, was, in like manner, novel in the history of Spanish America; since, from the time of the conquest, the kings had, always remained in the bosom of the nation, respected and obeyed by all its members. Yet, in all cases of emergency, as before established, the laws of Castile ordain, that the representatives of the people, be assembled; and, by express statutes, it is further enacted, that in all cases of minority, the regents of the realm, and the tutors of the infant heir to the crown, be named by a general Congress, for that purpose assembled. And is not the seizure of the royal person, (by which an interregnum, together with all the weighty and momentous consequences of an actual minority, have been produced to the whole nation of both hemispheres), a case equally arduous, important and calamitous? Spanish America, by the fullest and most express acts of the Spanish legislature, had been annexed to the crown of Castile, as already proved, whose laws and statutes, were there equally binding; and the monarchical constitution, had been, likewise, extended there to. In addition to this, by an express enactment, it is directed, that the viceroys and governors, provide for and determine in all general matters, within their jurisdiction

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but, always consult arduous matters, with the Real Acuerdo, Consequently, in such cases, the viceroy was not the sole arbiter, nor, could so monstrous a system of legislation, be imagined, as one that left to the direction of a single individual, the fate of a large and detached section of a nation, when the whole was surrounded by imminent dangers, and convulsed by a variety of contending and clashing interests.

A local Junta, in the provinces of Spanish America, was not a novel occurrence, or one, unauthorised by precedent. The earliest annals of New Spain, record an instance of an Ayuntamiento, or Junta, being assembled in an emergent case. Cortes, not trusting to the powers and nomination of generalissimo, he had received from Diego Velasquez, captain-general of Cuba, delivered them up, together with his commission, into the hands of a Junta, in Villarica, and received from that body, a fresh confirmation, the legitimacy of which, was never questioned, either by Velasquez, or Narvaez, although his most deadly enemies. A local Junta, also, governed the whole kingdom of New Spain, immediately after its conquest and pacification; for the audiencia did not go out till the year 1529, nor the first viceroy, till 1534. In a royal cedula, issued in Madrid, 6th June, 1664, it is, moreover, ordered, that the viceroys consult arduous matters in a general Junta, this is, therefore, a full acknowledgment of their legality. This mode, of, provisionally, conducting the affairs of government, is still more expressly established in another royal cedula, dated Madrid, 24th June, 1766. In the beginning of the last cen

* Recop. Ley, Ind. ley 45. tit. 5. lib. 3,

tury, a Junta was formed in Mexico,* for the purpose of consulting weighty and important matters relating to the state; particularly, respecting a diminution in the price. of quicksilver, which, from being a monopoly of the crown, was out of the jurisdiction of the viceroy; and, even at the period of the governmental changes in the ultramarine provinces, a superior Junta of finance existed, independent of the viceroy and audiencia. In short, the plan of Juntas, is not, only, the most reasonable means of establishing unanimity and confidence, and providing for public security in extraordinary cases; but is, also, in strict accord with the laws and usages of the whole nation, and conformable to its most recent precedents. Had not this been the case, a viceroy, in charge of an American province, would, scarcely, have recommended such a measure to his own detriment, and with so much responsibility on his shoulders; nor could he, when surrounded by all his councils, have committed so egregious an oversight, in the application of the laws, and usages of his own nation.

Valencia and Seville, as before noticed,were, equally, conquests of the crown of Castile; yet they were allowed to adopt this measure; and the Junta of the latter, did more, it undertook to exact obedience from the entire provinces of both hemispheres. The sections of America, in altering their local governments, had for object, to provide for their own safety, and to put an end to the reign of doubt and uncertainty; and most assuredly, the bsst means of answering this end, was by cementing the fidelity of the people afresh, also by esta

* Comentario de las ordenanzas de mineria, cap. 1. fol. 25