to explain the nature of the colonial policy therein established, at the time our alliance commenced. These eluci dations, will aid to a more perfect comprehension of the causes of complaint, the redress sought, the consequences of its denial, and what have been the real features and results, of all the differences and insurrections which have taken place up to the present period; and I am the more induced to enter into this previous digression, from my extreme anxiety, that the subject should be perfectly understood, by your Royal Highness, in all its parts and relations, and because the same has been egregiously mistated and prejudged amongst us.

§ The discovery of that immense range of country, extending from California, on the one side, and the Missisippi on the other, as far as Cape Horn; washed by the Atlantic and Pacific Oceans, and generally denomi nated Spanish North and South America, was due to the great Columbus, and its principal conquest and settlement, to Cortes and Pizarro. Both the discovery and conquest thereof, were effected in conformity with a solemn and special contract, made by the kings of Spain, with Columbus and his enterprizing companions, on whose account and risk every thing was to be performed. It was also, afterwards, the policy of Spain, for no discoveries or settlements to be made at the expence of the state.* It was further agreed, that in consideration of the services performed, the discoverers and conquerors were to remain lords of the country, the principal ones with the titles of marquis, &c.t The Indigénes, were also to be established

* Vide Herrera, and, also, Recopilacion de las Leyes de Indias. ley 17, tit. 1, lib. 4.

+ Ibid, ley 23, tit. 3, Lib. 4.

on the basis of feudal vassalage, under the plan of encomiendas (or distributions) on consideration that they were taught the Christian religion, to live in society, and succoured and defended from harm and injury. In conformity to these stipulations, the first establishments both in Hispañola and the Main, were on the plan of encomiendas, or a distribution of lands and Indians, in proportion to the rank of the discoverers and settlers. Herrera, also, expressly says, that all these conquests were performed at the expence of the conquerors, and not of the government; and the whole history of the conquest of the new world, proves, that the first proceeds of treasure obtained, were appropriated to refund that part of the expences the crown had advanced, by way of loan and encouragement.

The high dominion of these new settlements, "dis covered and to be discovered" was retained by the king, on condition that he did not alienate or separate them from the crown of Castile, to which they were incorporated, either wholly or in part; in no case, or in favour of any one. And considering" (concludes the Emperor Charles V.) "the fidelity of our vassals, and the pains which the discoverers and settlers experienced in their discoveries and settlements, and in order that they may possess more certainty and confidence of these always remaining united to our Royal crown, we promise, and pledge our faith and royal word, in behalf of ourselves and the kings our successors, for ever and ever, that their cities and settlements, on no account or reason, or in favour of any person whatever, shall be alienated or separated, wholly or in part; and that if we or any of our successors should make any gift or alienation thereof, contrary to this express declaration, the same

shall be held as null and void.' Such was the social compact, or magna charta under which the first settlements in Spanish America were established, and such was the tenure by which they were held. Such was the solemn oath and pledge, by which Charles V. bound himself and his successors; how it has been observed, the reader will hereafter be able to judge.

§ That great persecution and desolation which befel the whole of the new settlements, coming immediately after the horrors of a conquest, whose contemplation makes humanity shudder, and has for ever darkened the annals of Cortes and Pizarro, rapidly brought the Indians to an alarming state of diminution, and owing to the distance of the court, and the depraved conduct of the first chiefs and settlers, every species of crime was committed with impunity. The Indian population of the Antilles had already disappeared, some had been carried as slaves to the Peninsula, others were put to work in the mines and pearl fisheries, and others applied to carry burdens, or to till the ground, under imperious and cruel task masters.† Roused by such scenes of impiety

* Ibid, ley 1. tit. 1. lib. 3. Charles IV. in a flagrant manner infringed this solemn pledge, by the cession of Louisiana and the Spanish part of St. Domingo, to the French.

+ Robertson, (vol. I. book 3,) describes the conduct of the Spaniards to the conquered Indians, in the following words. "If the simplicity and innocence of the Indians, had inspired the Spaniards with humanity, had softened the pride of superiority into compassion, and had induced them to improve the inhabitants of the new world, instead of oppressing them, some sudden acts of violence, like the too rigorous chastisements of impatient instructors, might have been related without horror. But, unfortunately, this consciousness of superiority, operated in a different manner. The Spaniards were so far

and injustice, some venerable ecclesiastics, amongst whom the name of Las Casas stands pre-eminent, remonstrated with the king, and by every means in their power, sought the relief of the oppressed aborigines. Inspectors, corregedors, and audiencias, or high courts of justice, were sent over to serve as mounds, to the torrent of disorders that had overran the country; and a supreme council, called of the Indies, was established at home, to watch over the fulfillment of the laws enacted, and the royal orders transmitted to the other side of the Atlantic,* but especially to protect the Indians. By these establishments, and by the new enactions of Charles V. (exclusively emanating from the humane exertions of the benevolent Las Casas,) the situation of the Indians was bettered; but they still retained the principal appendages of feudal vassalage, rendered doubly galling by the avarice of their masters, and doubly grievous by the distance of the fountain of redress. The latter circumstance, also, was the cause of many of the projected ameliorations and

far advanced beyond the natives of America in improvement of every kind, that they viewed them with contempt. They conceived the Americans to be beings of an inferior nature, who were not entitled to the rights and privileges of men. In peace, they subjected them to servitude: in war, they paid no regard to those laws, which, by a tacit convention between contending nations, regulate hostility, and set some bounds to its rage. They considered them, not as men fighting in defence of their liberty, but as slaves, who had revolted against their masters. Their caciques when taken, were condemned, like the leaders of banditti, to the most cruel and ignominious punishments, and all their subjects, without regarding the distinction of ranks established amongst them, were reduced to the same state of abject slavery."---Alas, and are not the scenes of the first conquests, renewed in the horrors of the present insurrections?

* Vide Revol. Mexico, tom. ii. lib. 14.

C

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 cathedrals, and of

*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 3 and 5, tit. 6. lib. 4.

bid, lib. 6.

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