EXECUTION OF BENAVIDES. 373 



the harbour of Topocalma in search of water, of 

 which they had run short. On the 1st of this 

 month, (February 1822,) he ordered a soldier to 

 swim on shore to look for a supply. At daylight 

 on the following morning, the tide admitted of his 

 boat approaching the shore, when he landed under 

 the pretext of procuring a messenger to carry des- 

 patches to the Supreme Director, which he said he 

 had brought from Conception. He concealed his 

 name, but the patriotic individuals, Don Fran- 

 cisco Hidalgo, and Don Ramon Fuensalida, pro- 

 prietors of the neighbouring grounds, being in- 

 formed who he really was, by the soldier who 

 swam ashore the day before, arrested him on the 

 beach. 



" From the notorious nature alone of his deeds, 

 even the most impartial stranger would have con- 

 demned him to the last punishment ; but the su- 

 preme government wished to hear what he had to 

 say for himself, and ordered him to be tried ac- 

 cording to the laws. It appearing on the trial 

 that he had placed himself beyond the laws of 

 society, such punishment was awarded to him as 

 any one of his crimes deserved. As a deserter to 

 the enemy he merited death~as a frequent vio- 



