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MANGO CAPAO MANDAMUS 9T was also elected to the Sardinian chamber. In 1860 he became minister of justice and religion at Naples, and was a leader of the liberal party in the first Italian parliament, which met in 1861. In 1862 he was for a time minister of edu- cation in the cabinet' of Rattazzi. He has pub- lished Diritto Internationale (Naples, 1873). II. Laura Beatrice Oliva, an Italian poetess, wife of the preceding, born in Naples in 1823. She de- voted the early part of her life to her invalid father, to whom she was indebted for her edu- cation. In 1840 she married against the wish of her relatives, and wrote a play entitled Ines founded upon the romantic circumstances of this alliance, which was performed in Florence in 1845. In 1846 appeared her poem Colombo al convento delta Rdbida, and a volume of miscellaneous poetry. In 1851 she addressed a poem to Mr. Gladstone in gratitude for his revelations in regard to the Neapolitan govern- ment ; and one of her finest poems was elicited by the death of Gioberti (L 1 Italia sulla tomba di Vincenzo Gioberti, Turin, 1853). Upon the establishment of the kingdom of Italy she com- posed several poems for patriotic celebrations. MANCO CAPAC. I. The mythical ancestor of the incas of Peru. (See PERU, and QUICHUAS.) II. Inca of Peru, killed in 1544. He was the second son of the inca Huayna Oapac, the conqueror of Quito, who died shortly before the arrival of Pizarro, dividing his kingdom between his legitimate successor Huascar and a younger son Atahuallpa. The latter, after having made war upon Huascar and put him to death, was himself captured and executed in 1533 by Pizarro, who then set up Toparca, a brother of his victim, as a nominal sovereign, under whose name the conquerors might them- selves direct the government. Toparca died within the year, and shortly afterward Manco Capac appeared in the Spanish camp to an- nounce his pretensions to the throne and claim Pizarro's protection. The conqueror received him cordially, and made it his first care after the taking of Cuzco to place him on the throne. After in vain petitioning for power to exercise the sovereignty, he withdrew secretly from Cuzco, but was overtaken, brought back, and imprisoned. Again escaping, he roused the whole nation to arms, and appeared before Cuzco in February, 1536, with a host of In- dians who covered the surrounding hills. He destroyed a large part of the city by fire, and reduced the Spaniards to extremities ; but after the siege had lasted more than five months, he had to draw off most of his fol- lowers on account of the scarcity of food, and retired to the fortress of Tambo in the val- ley of the Yucay. Defeated here by Almagro, and forsaken by most of his warriors, he fled to the Andes, and for several years re- mained a terror to the Spaniards, hovering over their towns, lying in ambush on the highways, sallying forth as occasion offered at the head of a few followers, always eluding pursuit in the wilds of the Cordilleras, and in the event of civil war among the foreigners throwing his weight into the weaker scale in order to prolong their contests. Pizarro at- tempted to negotiate with him, and sent him rich presents by an African slave. The negro was murdered on the way by some of Manco's men; and Pizarro in revenge caused one of the monarch's wives to be tied naked to a tree, scourged, and shot to death with arrows. The Spanish rulers who succeeded Pizarro, down to Blasco Nunez, bore orders from the crown to conciliate the formidable chief, but he re- fused all offers of accommodation. He was killed by a party of Spaniards belonging to the younger Almagro's faction, who on the defeat of their leader had taken refuge in the Peru- vian camp. They were in turn massacred by the Indians. MANDAMUS, the name of a remedial writ, be- longing to a once extensive class of precepts, which bore the generic name of mandamus. They derived their name from the significant word of the mandatory clause, which, while the writs were framed in Latin, ran : Nos igi- tur tibi mandamus, &c., " We therefore com- mand you." Their origin is referred to that clause of Magna Charta which declares that to no man will the king refuse or delay justice : Nulli negabimus aut differemus justitiam vel rectum. At a very early period, the injunction was in form nothing but a letter from the sovereign. Subsequently it became a parlia- mentary writ, and issued on petition from the king and his council. Later the king's bench took jurisdiction, which in the recent judicial changes in England has been transferred to the supreme court. The writ is directed to per- sons, corporations, or courts of inferior judi- cature, and requires them to do some specific act which belongs to their official duty, or which exact justice demands. In this coun- try the power to grant it is vested in the su- preme judicial authority of the state, but in some states, also, in inferior courts. Not only does it form a branch of that general super- visory control which the sovereign power must possess over tribunals, magistrates, and all in- deed who in any sense are invested with public functions; but also, as it was originally con- trived to prevent failure of justice and to remedy defects of police, it is to be awarded in cases for which the law affords no specific and adequate remedy, yet where justice requires that there should be one. By the judiciary act of 1793 the United States supreme court received power to issue writs of mandamus in cases warranted by the principles and usages of law "to any courts appointed or persons holding office under the authority of the Uni- ted States;" but in Marbury v. Madison, 1 Cranch, 137, the latter clause was held to be unconstitutional and void, and the supreme court refused to grant the writ to compel the secretary of state to deliver a civil commission alleged to be illegally withheld by him. Circuit courts, too, were authorized to issue the writ