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T>ling the magistrates and principal citizens, eomptlled them to acknowledge him as lawful successor to his lather in his government.

The palace of Pizarro, together with the houses of several of his adherents, were pillaged by the soldters, whe had at one,e the satisfaction of being avenged on th,:' enemies, and of enriching themselves by the spoils of those, through whose hands all the wealth of Peru had passed.

The popular qualities of Almagro and the success of the conspiracy drew many soldiers to his standard; who declared without hesitation in his favour. Almagro was soon at the head of eight hundred of the most gallant veterans of Peru. He appointed Herrada general. Notwithstanding this favourable turn of fortune, the acquiescence in his government was far from being general. Pizarro had left many friends to whom his memory was dear; the barsarous assassination of a man to whom his country was so much mdebted, filled every impartial person with horror; by others he was considered as an usurper. The officers who commanded in some provinces, refused to recognize hi* authority, until it was confirmed by the emperor. In others, particularly at Cuzco, the royal standard was erected, and preparations made to revenge the murder of their ancient leader

Those seeds of discord acquired greater vigour when the arrival of Vaca de Castro was known. After long voyage he put into a small harbour in the province of Popayan, in the year 1541, from thence he proceeded by a difficult and tedious route to Quito. In his way he received an account of Pizarro's dt ath, and of the events which followed upon tt. He immediately produced the royal commission appointing him govttnor of Pc ru His jurisdiction was acknowledged by B n.dcazar, lieutenant general for the emperor, in Papayan, and by Pedro de Puelles, who, in the absence of Gonzales Ptzarro, com, onanded the troops in Quito; who had himself gone upon a fruitless expedttion 10 the east of the Andes, where he and his followers suffered incredible hardships

Vaco de Castro not only assumed the supreme authority, but shewed that he possessed talents equal to the exigency of the momentous trust committed to him By his influence and address he soon assembled a body of «roaps, that set him above all fear of insult from the ad, terse •arty, end enabled him to advance from Quito with the dignity that became hts character

Almagro observed the rapid progress of the spirit of disaffection to his cause; and that he might give an effectual cneck to it before the arrival of Vaca de Castro, he set out at the head of his troops for Cuzco, where the most considerable body of troops had erected the royal standard under the command of Pedro Alvarez tfolguin. - During his march thither, Herrada, the skilful guide of his youth, died; and from that time his measures were conspicuous for violence, and want of sagacity. Holguin, with forces far inferior, was descending to the coast, at the very time that Almagro was on his way to Cuzco. By a very simple stratagem, he deceived his unexperienced adversary, avoided an engagement, and effected u juncuon with Alvarado, an officer of note, who had been the first to declare against Almagro as an usurper.

Soon after, Vaca de Castro entered the camp with the troops which he had brought from Quito, and erected the royal standard before his own tent, ne derl ired himsell as governor, that he would discharge all the functions of general of their combined forces ! and although he had not been brought up to the profession, he displayed the abilities and decision of an officer accustomed to command. As his strength was superior to that of the enemy, he was impatient to end""by- battle, the contest which appeared unavoidable.

Almagro and his followers despairing of pardon, for a crime so atrocious as the murder of Pizarro, the governor, were not inclined to shun that mode ot decision.

They met, September the sixteenth, 1542, attChopra, about two hundred miles from Cuzco. The violent,. <,f civil rage, the rancour of private enmity, the eagerness of revenge, and the last efforts of despair, inspired thtm with such courage, that victory remained for a long time doubtful: but at last declared for Vaca de Castro Trie martial talents of Francisco de Carvajal, a veteran offii tr, and the intrepidity of Vaca de Castro, triumphed over the bravery of their opponents, led on by young Almagro, with a gallant spirit, worthy oi a nobler cause, and deserving a better fate. Many of the vanquished, who had been accessary to the assassination of Pizarro, rather than wait an l^noininiou"


doom, rushed on the swords of the enemy, and fell like soldiers. (If fourteen hundred men, the amount of com* batams on both sides, five hundred lay dead on the field j and the number of the wounded was still greater Vaca de Castro proceeded immediately to try his prisoners as rebels. Forty were condemned to suffer death as traitors, others were banished from Peru Thtir leader, who made. his escape from the battle, betrayed by some of his officers, was publicly beheaded at Cuzco; and in him the name of Almagro. and the spirit of his party were extinct.

During these violent commotions in Peru, the emperor and his ministers were employed in preparing regulations by which they hoped to restore tranquillity,and a more perfect system of internal policy, into all their settlements in the New World. To prevent the extinction of the Indian race, called for immediate remedy; fortunately for them Bartholomew de Casas happened to be then at Madrid, on a mission from a chapter of his order at Chiapa. His zeal in behalf of this unfortunate people, was so far from abating, that from an increased knowledge of their sufferings,his ardour had augmented He eagerly seized this opportunity in reviving his favourite maxims conce rning the treatment of the Indi :ns With that moving eloquence, natural to a man on whose mind the scenes which he had beheld, had made a deep impression, he described the irreparable waste of the human species in the New World; the Indian race almost totally swept away in the islands in less than fifty years, and hastening to extinction pn the continent with the same rapidity.

With a decisive tone, he imputed all this to the exactions and cruelty of his countrymen, and positively insisted that nothing could prevent the depopulation of America, but by declaring the natives freemen, and treating them as such. Not content with thus verbally asserting the rights of this oppressed people, he published a celebrated treatise, in which he related the hon id cruellies of his countrymen.

The emperor was deeply affected with the recital of so many actions shocking to humanity. To relieve the Indians, as well as to circumscribe the power of his own subjects in the New World, he framed a body of laws, containing many salutary appointments with respect to the constitution and powers of the supreme council of tin.Indies, and the administration of justice, both ecclesiasucal and civil. These were approved by all ranks of men 2 but, with them were issued the following regulations, which excited universal alarm .. " That as the repartimientos or shares of land seized by several persons, appeared to be excessive, the royal audiences were empowered to reduce them to a moderate extent: That upon the death of any conqueror or planter, the lands aryJJndianB granted 10 himshall not descend to his widow or children, but return to the crown: That the Indians shall henceforth be exempted from personal service, and shall not be compelled to carry the baggage of travellers, to labour in the mines, or dive in the pearl fisheries: That all persons who are or have been in public offices, ecclesiastics of every denomination, hospitals, and monasteries, shall be deprived of the lands and Indians allotted to them; these lands and Indians shall be annexed to the crown: That every person in Peru, who had any criminal concern in the contests between Pizarro and Almagro, should forf it his lands and Indians "- All the Spanish ministers who had hitherto been entrusted with the direction of American ufftirs, opposed these regulations. But Charles, tenacious at all times of his own opinions, persisted in his resolution of publishing the laws.

That they might be carried into execution with greater vigour and authority, he authorized Francisco Tello de Sandoval, to repair to Mexico as visitador, or superintends of that country; and to co-operate with Antonio da Mrndoza, the viceroy, in enforcing them. He appointed Blast o Nugnez Vela, to be governor of P- m, wi-h the title of viceroy; and to strengthen his administration, he established a court of audience at Lima, in which four lawyers of eminence were to preside as judges.

The viceroy and superintendent sailed at the same time. An account of the new laws they were to enforce had reached America before their arrival. The entry of Sandoval into Mexico was considered as the prelude of general ruin. Under the prudent administration of Mendoza,the people of New Spain had become accustomed to the restraints of law and authority. Happily for them, Mendoza, by long residence in the country, was so well acquainted with its state, that he knew what was for its interest, as well as what the people could bear; and Sandoval displayed a degree of moderation unexpected from a person just enteringupon the exercise of power. They were disposed lo grratttevery indulgence to the inhabitants, that was in their power. In compliance with their request, they suspended for some time, the execution-of what was offensive in the r.- w laws; they also consented, that a deputation of citizens should be sent to Europe, to lay before the emperor the apprehensions of his subjects in New Spain, with respect to their-ttndency and effects; and concurred with them in supporting their sentiments.

Charles, moved by the opinion of men, whose abilities and integrity were unquestionable, granted such a relaxation of the rigour ol the laws, as re-established the colony in its former tranquillity. In Peru, the storm wore an aspect more fierce and threatening. As the account of the new laws spread through the different settlements, the inhabitants ran together j the women in tears, and the men exclaiming against the injustice and ingratitude of their sovereign, in depriving them unheard and unconvicted, of their possessions.

"Is this," cried they, "the recompence due to persons, who, without public aid, at their own expense, and by their own valour, have subjected to the crown of Castile, territories of such vast extentl-md opulence ? Shall the conquerors of this great empire, instead of receiving marks of distinction, be deprived of the natural consolation of providing for their widows and children, and leave them to depend for subsistence on the scanty supply they can extort from uafecling courtiers. Although we are not now able to explore unknown regions, in quest of more secure settlements, yet we still possess vigour sufficient to assert our just rights , and we will not tamely suffer them to be "wrested from us." Consultations were held in different places, planning how they might oppose the entrance of the viceroy and judges; and prevent, not only the execution, but the promulgation, of the laws.

Vaca de Castro had the address to divert them from their purpose; he flittered them with hopes, that when the viceroy and judges should arrive, and had leisure to examine their petitions and remonstrances, they woujd concu" wit i thetn in endeavouring to procure them some mitiga.i--n in the rigour of the laws, which had been framed witiv.ut due-attention to the state of the country, or the senuments of the people. Of all the qualities that fit men

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