Note V-5 — Chapter V · ADMINISTRATION OF THE INDIES. 1492-1526.

The best proof of the policy of Spain in regard to the natives of the New World is found in her laws upon the subject. Writers may possibly color their assertions, but by following the royal decrees through successive reigns we have what cannot be controverted. The subject of the treatment of the Indians occupies no inconsiderable space in the Recopilacion de Leyes de las Indias. At the beginning of tit. x. lib. vi. is placed a clause of Isabella's will, solemnly enjoining her successors to see that the Indians were always equitably and kindly treated; and this was the text for future legislation. And now let us glance at the laws; I cannot give them all; but I can assure the reader they are of one tenor. First of all the natives were to be protected by the ecclesiastical and civil authorities. They might marry freely, but always in accordance with Christian usage; must not be taken to Spain; must be civilized, Christianized, taught to speak Spanish, and to love labor, if possible; they might sow seed, breed stock, keep their ancient market-days, buy and sell at pleasure, and even dispose of their lands, only the Spaniards were not allowed to sell them arms or alcoholic liquors. The Inquisition could not touch them, for in religious matters they were subject to the bishop's jurisdiction, and in cases of witchcraft to the civil power. They might have their municipal organizations in imitation of the Spanish town government, with their alcaldes, fiscales, and regidores, elected from among themselves to serve for one year, elections to be held in the presence of the priest. It was made the duty of priests, prelates, all officers of the government, and in fact every Spanish subject, to watch over and protect the Indians. Governors and judges were charged under the severest penalties to see justice done them. Two officers were created at an early day for this purpose, those of protector and defensor, the former having general oversight of the natives and their interests, and the latter appearing in their behalf in court. After a time, when it was thought the aborigines could stand alone, the offices were abolished. But the action was premature, and in 1589 Philip II. ordered them revived. These officers were appointed by the viceroys and president-governors. Indians might appear in courts of law and have counsel assigned them free of any cost; and even in suits between the natives themselves there was to be no expense, the fiscal appearing on one side, and the protector on the other. Philip also gave notice in 1593 that Spaniards who maltreated Indians were to be punished with greater rigor than for badly treating a Spaniard. This was a remarkable law; it is a pity the Puritans and their descendants lacked such a one. Indians might be hired, but they must be paid promptly. They might work in the mines, or carry burdens if they chose, but it must be done voluntarily. Enforced personal service, or any approach to it, was jealously and repeatedly prohibited. Indians under eighteen must not be employed to carry burdens. Let those who sneer at Philip and Spain remember that two centuries after this England could calmly look on and see her own little children, six years of age, working with their mothers in coal-pits. There were many ways the Spaniards had of evading the just and humane laws of their monarchs—instance the trick of employers of getting miners or other laborers in debt to them, and keeping them so, and if they attempted to run away interpose the law for their restraint. It was equivalent to slavery. A native might even sell his labor for an indefinite time, until Felipe III. in 1618 decreed that no Indian could bind himself to work for more than one year. The law endeavored to throw all severe labor upon the negro, who was supposed to be better able to endure it. The black man was likewise placed far below the red in the social scale. It was criminal for a negro or mixed-breed to have an Indian work for him, although voluntarily and for pay; nor might an African even go to the house of an American. The law endeavored to guard the Indian in his privacy, as well as in his rights. It studied to make the lot of the aboriginal as peaceful and comfortable under Christian civilization as under heathen barbarism. More it could not do; it could not do this much; after the pacifying raid through the primeval garden, all Europe could not restore it. But Spain's monarchs did their best to mitigate the sufferings caused by Spain's unruly sons. The cacique might hold his place among his people, and follow ancient usage in regard to his succession, but he must not enslave them, or inflict upon them the ancient cruel customs, such as giving Indian girls in lieu of tribute, or burying servants with their dead masters. And these petty rulers must stay at home and attend to their affairs; Indians could not leave one pueblo to take up their residence in another, and caciques could not go to Spain without special license from the king. The natives were ordered to live in communities, and have a fixed residence, and their lands were not in consequence to be taken from them. They must not ride on horseback, for that would make them too nearly equal to the cavalier in battle; they must not hold dances without permission, for then they might plot conspiracies, or give themselves up to serve heathen gods as of old; they must not work in gold or silver, an illiberal restriction which lost to the world the finest of America's arts. Spaniards could not place a cattle rancho within 1½ leagues of a native pueblo; or swine, sheep, or goats within half a league; the Indians might lawfully kill cattle trespassing on their lands. In a pueblo of Indians neither Spaniard, nor mulatto, nor negro should live. No traveller might spend the night at the house of a native if an inn was at hand. No Spanish or mestizo merchant might remain in an Indian pueblo more than three days, nor another white man more than two days. Beside the property of individuals each Indian pueblo had some common property, and a strong-box in which the community money and title-deeds were kept. Caciques must not call themselves lords of pueblos, as that detracted from royal preëminence; they must be called caciques simply. The cacique must not attempt feudal fashions; he must not oppress his people, or take more than the stipulated tribute; and he who worked for the cacique must be paid by the cacique. In criminal matters the jurisdiction of caciques over their people could not extend to death or mutilation. On the other hand a cacique could not be tried by the ordinary Spanish justice of the peace, but only by the judge of a district. The last four laws were made by Charles V. in 1538. And beside these were many other edicts promulgated by the Spanish monarchs during two and a half centuries, notable for their wisdom, energy, and humanity. By the continued outrages and excesses of their subjects in the New World the temper of the crown was often severely tried. Thus was found written by Felipe IV. with his own hand, on a decree of the council ordering the immediate suppression of all those infamous evils practised in spite of laws against them, a sentiment which was fully reiterated by his son Cárlos II. in 1680:—'I will that you give satisfaction to me and to the world concerning the manner of treating those my vassals,' so reads the writing; 'and if this be not done, so that as in response to this letter I may see exemplary punishment meted offenders, I shall hold myself disobeyed; and be assured that if you do not remedy it, I will. The least omissions I shall consider grave crimes against God and against me; the evil conduct tending as it does to the total ruin and destruction of those realms whose natives I hold in estimation; and I will that they be treated as is merited by vassals who serve the monarchy so well, and have so contributed to its grandeur and enlightenment.' See further, Tapia, Hist. Civ. Española, passim; Cogolludo, Hist. Yucathan, 71-3; Ramirez, Vida Motolinia, in Icazbalceta, Col. Doc., i. lxvi.; Las Casas, Carta, in Pacheco and Cárdenas, Col. Doc., vii. 290-338.