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Rh sworn to uphold the independence of Peru, would just as readily swear to uphold the new Spanish constitution. O'Higgins enthusiastically approved of it, seeing in it the only means of carrying the great work they had both at heart to a successful termination.

The first official act of the Protector was to issue a decree against the Spaniards, drawn up by Monteagudo, and showing evidence of his intemperate spirit, but it was also in accordance with the calculating spirit of San Martin.

On leaving Valparaiso, San Martin had published a proclamation to "The Spanish Europeans resident in Peru," declaring that he wished to behave generously to them, providing they made no opposition to the independence of the country. During the negotiations at Miraflores and Punchauca, he had endeavoured to propitiate the Spanish civilians, but when hostilities had again broken out and he was master of Lima, the splenetic behaviour of the Spanish residents, made him resolve to crush them.

He now declared that the persons and properties of all Spaniards who would live in peace and swear the independence of the country, should be respected; that those who would not trust to this promise, should ask for passports and should leave the country with their movable goods; but that those who submitted to the Government and secretly worked against it, would be prosecuted with the utmost rigour of the law, and their estates confiscated; and wound up by saying:—

"I know what passes in the most secret corner of your houses. Tremble, if you abuse my indulgence. Let this be the last time that I have to remind you that your destiny is irrevocable and you must submit to it."

Public safety in no way justified such rigour, which was a violation of promises given. But there was more in this decree than excessive severity and intemperance of language, it formed part of a financial plan. War is war,