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BY BERNARD MOSES.
Democracy and Social Growth in America. 12° . . . . $1 00
The Establishment of Spanish Rule in America. 12° . $
G. P. PUTNAM'S SONS,
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THE ESTABLISHMENT
OF
SPANISH RULE IN AMERICA
AN INTRODUCTION TO THE HISTORY AND POLITICS OF SPANISH AMERICA
BY
BERNARD MOSES, Ph.D.
Professor in the Unversity of California. Author of "Democracy and Social Growth in America."
G. P. PUTNAM'S SONS
NEW YORK AND LONDON
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1898
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Copyright, 1898
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PREFACE
THIS book has been written to present the main events connected with the estab- lishment of Spanish rule in America, and to describe briefly the more important features of Spain's colonial organization and policy. It is not designed to embrace the history of the Spanish colonies, or to furnish a rigid analysis of their constitutional law. It aims, by the use of certain historical facts, to make clear to ordinary readers and to students in high schools and colleges the origin and character of the political and economic institutions constructed for the government of Spanish America. It aims, moreover, to suggest that American history is not all told in the history of the United States, and, by making accessi- ble in a concise form a general account of the Spanish colonies in their earlier decades, to offer an introduction to the neglected half of American history.
Parts of the volume have already appeared
IV PREFACE
in print, and they are here reproduced with extensive modifications. The third chapter, " The Casa de Contratacion," was first pub- Hshed in the Papers of the American Historical Association; the fourth chapter, " The Audi- encia and Viceroy Illustrated by Mexican Affairs," appeared in the Yale Review ; a part of the eleventh chapter, ** Spain's Economic Policy in America," was printed in the Uni- versity Chronicle ; and some paragraphs of the last chapter are from an essay in the Papers of the California Historical Society.
Spanish rule in America had its beginning in the days of Spain's enterprise and daring, and has ended in the days of her weakness and degeneracy. It embraces three general sub- jects for historical and political inquiry: the establishment of Spanish authority; the move- ment towards civilization under this authority; and the struggles of the colonies to be free. The first of these subjects is the theme of this volume.
August, 1898.
I
CONTENTS
Chronological Summary .
PAGE
vii
Introductory
II
General Policy
17
III
The Casa de Contratacion
27
IV
The Audiencia and Viceroy Illustrated
by Mexican Affairs .... 68
The Establishment of Spanish Power in
Peru 109
Vl CONTENTS
PAGE
VI The Conquest of Chile .... 146
VII Venezuela and Colombia . . .161
VIII Rio de la Plata ..... 188
IX
The Jesuits and the Indians . . . 222
X
The King and the Church, Illustrated BY THE Ecclesiastical Establishment IN Mexico 241
XI
Spain's Economic Policy in America . 263
XII
Spanish and English Colonies in America 293
Index 313
CHRONOLOGICAL SUMMARY
531 : Spanish-Gothic monarchy becomes elective. 711 : Invasion of the Moors.
755 : Abderraman independent of the Calif of Damascus,
1492 : Discovery of America by Columbus.
Fall of Granada.
1493 : Bull of Demarcation by Alexander VI.
Columbus sails on his second voyage.
1494 : Treaty of Tordesillas.
1498 : Columbus sails on his third voyage.
1499 : Vespucius's first undisputed voyage.
1500 : Brazilian coast first visited.
1503 : India House organized.
1504 : Cortes comes to the New World.
Columbus leaves the New World forever. Queen Isabella of Spain dies.
1508 : Cuba found to be an island.
Solis on the coast of South America.
1509 : Francisco Pizarro reaches Darien.
151 1 : Diego Velasquez settles Cuba.
1512 : Sebastian Cabot enters Spanish service.
1513 : Ponce de Leon discovers and names
Florida.
vni CHRONOLOGICAL SUMMARY
Balboa discovers the Pacific. 1516: Las Casas made "Universal Protector of the Indians."
Solis in Rio de la Plata.
Ferdinand of Spain dies. 15 17 : Balboa executed.
15 19 : Cortes reaches the Mexican coast.
Panama founded. Vera Cruz founded.
1520 : Magellan enters the Pacific via the Straits.
1521 : City of Mexico captured.
1522 : Andagoya's expedition south from Darien.
1523 : Cortes sends Alvarado to Guatemala.
1524 : Pizarro sails from Panama.
1525 : Discovery of Cape Horn.
1526 : Pizarro's second expedition.
Sebastian Cabot reaches Rio de la Plata.
1527 : Cortes's exploring fleet on the Pacific.
Audiencia for Mexico created.
1528 : Pizarro goes to Spain.
Cortes in Spain, made Marquis del Valle de Oajaca.
1530 : Pizarro returns to America.
Cortes reaches Vera Cruz in July.
1531 : Pizarro again sails from Panama.
1532 : Cartagena founded.
Pizarro advances from Tumbez.
1533 : First printing in Mexico.
Pizarro enters Cuzco. Atalhualpa executed.
1534 : Pedro de Alvarado reaches Peru.
1535 : Pizarro founds Lima.
CHRONOLOGICAL SUMMARY IX
Mendoza, Spain's first viceroy, in America. First settlement at Buenos Aires by Pedro de Mendoza.
1536 : Almagro invades Chile.
1537 : Quesada conquers New Granada.
1538 : Hernando Pizarro defeats Almagro.
Asuncion founded.
1539 : Federmann at Bogotd.
1540 : Valdivia marches to Chile.
Cabaga de Voca in the La Plata region.
1541 : Santiago de Chile founded.
Francisco Pizarro assassinated.
1542 : The " New Laws " cause civil war in Peru. 1544: Valparaiso founded.
" New Laws " proclaimed in Mexico. Gonzalo Pizarro enters Lima.
1545 : " New Laws " suspended.
1546 : Pedro de la Gasca reaches Panama.
1547 : Archbishopric of Mexico created.
Cortes dies.
1548 : Gasca receives the submission of Gonzalo
Pizarro ; enters Cuzco.
1550 : Valdivia killed by Araucanians.
Royal audiencia in Peru.
1551 : Ant. de Mendoza viceroy of Peru.
1552 : Las Casas prints his Tracts.
1554 : Alvarado enters Cuzco : defeated by Giron. 1557 : Hurtado de Mendoza in Chile.
1563 : Quinoga governor of Chile.
1564 : Spain permanently occupies the Philippines
1565 : Audiencia in Chile. 1567 : Jesuits reach Peru.
X CHRONOLOGICAL SUMMARY
1571 : Inquisition established in Mexico.
Tupac Amaru's revolt.
1572 : Drake on the Spanish Main.
1573 : The first Auto da Fe at I.ima.
1574 : The first Auto da F6 in Mexico.
1576 : Caracas becomes the capital of Venezuela.
1578 : Drake in the Pacific.
1583 : Sotomayor governor of Chile.
1585 : Drake plunders the Spanish Main.
1590 : Hurtado de Mendoza viceroy of Peru.
1601 : Porto Bello attacked by Parker.
1606 : Archbishop Toribio dies in Peru.
1718 : India House transferred to Cadiz.
Venezuela transferred from audiencia of San Domingo to audiencia of Santa F^.
1728 : San Sebastian opened to trade with America.
1739 : Viceroyalty of New Granada finally estab- lished.
1765 : Other Spanish ports opened to American trade.
1767 : Expulsion of Jesuits,
1776 : Viceroyalty of Buenos Aires established.
1778 : New commercial code adopted.
1810 : Beginning of war for independence.
1824 : End of war for independence.'
' See an elaborate '* Chronological Conspectul of American History " in Winsor's Narrative and Critical History of America, viii., 511-556.
THE ESTABLISHMENT OF SPANISH RULE IN AMERICA
THE ESTABLISHMENT OF SPANISH RULE IN AMERICA
CHAPTER I
INTRODUCTORY
THE popular migration through which America was settled may be contrasted with the invasion of Roman territory by the Germanic tribes. A point of difference be- tween the two movements is seen in the fact that the Germanic tribes carried the liberal- izing spirit of unconventional barbarism into regions which had developed strong social institutions, while the Europeans who invaded America went from a fully formed social organ- ization to develop new institutions in the wil- derness. In the one case, the forms of an old civilization were imposed upon the invaders, and the barbarians became hedged about by
2 SPANISH RULE IN AMERICA
the restraining influences of a mature social life. In the other case, civilized society sent its representatives to an unoccupied region, where their essentially similar conditions tended to produce the spirit of equality and a disregard of the conventionalities of a complex social existence. The members of the Germanic tribes entered into a social organization which had been created by the Romans. The Euro- pean settlers in America had to create new organizations adapted to new conditions. In the one case, new life was infused into ancient forms; in the other case, ancient forms yielded to the modifying influences of a new life.
Spain had a large part in both of these move- ments. The beginning of the modern Spanish nation is with the settlement of the invading Germans. At the height of her power and prestige, Spain contributed largely to the early phases of the migration from Europe to Amer- ica. The Germanic invaders of the Peninsula took possession of a large part of the country, introduced a new spirit, and laid the founda- tions of a new social life. Supplanting the Romans, they became the dominant factor in the early history of modern Spanish civiliza- tion. As conquerors, they took possession of two thirds of the property in land, and by this their supremacy was assured.
In the political results of the Germanic inva-
IN TROD UCTOR Y 3
sion, we observe striking evidence of the solidity of the Roman political organization. Although the Goths had broken the authority of the Romans, and had come into the Spanish Peninsula as a hostile people, yet, when they set about the work of political construction, they found nothing better to do than to take the institutions of the Empire as their model. The monarchy which they set up was " abso- lute in appearance, although in reality given over to the excesses of the oligarchy, by the struggles of the royal election." ' Although the form of the rule was like that of the abso- lute Empire, yet in the election of the king there was revealed the Germanic spirit, the sense of independence, and the desire on the part of the people to have some share in shap- ing their own destiny.
Before the Spanish-Gothic monarchy became elective in 531, the headship of the tribe passed usually by the law of heredity. After this, the practice of election corresponded essentially with that carried out in the early Germanic kingdoms of England and Scandinavia. In Spain the elections degenerated, in the course of time, into struggles between a few oligarchi- cal leaders, sometimes the representatives of families from which former kings had been chosen.
' Santamaria de Paredes, Derecho Publico, 452.
4 SPANISH RULE IN AMERICA
According to the Fiiero jfuzgo,^ the power to elect belonged to an assembly composed of
bishops and of mayors of the palace and of the people." The candidates had to be of Gothic stock, and of sound morals. In the list of those who might not be elected were mentioned foreigners, those who had taken holy orders, those who were descended from a servile origin, those who had been marked with infamy, and those who had been involved in conspiracies. The conspicuous centre of the Gothic kingdom of Spain was the city of Toledo, and the elections were held, according to law, either here or at the place where the previous king had died. But the requirements of the law do not describe the historical facts
^ The Fuero Juzgo was the Visigolhic code or the body of laws estabhshed in Spain by the Gothic kings. " It possessed legal authority not only during the rule of the Goths, but con- tinued authoritative even after the invasion of the Saracens, as well among the Spaniards who remained subject to the Mohammedan yoke, as among those who succeeded in main- taining their liberty in the Pyrenees or in the mountains of Asturias."
The term fuero as applied to the basis of municipal govern- ment signifies a charter issued by the king or by a magnate in virtue of a privilege proceeding from the sovereign, in which are contained constitutions, ordinances, and laws, civil and criminal, intended firmly to establish towns and cities, to raise them to municipalities, and to assure to them a temperate and just government, suited to the public constitution of the king- dom and to the circumstances of the towns. See Escriche Diccionario de Legislacion y Jurisprudencia^ 728, 731.
INTRODUCTORY 5
concerning the manner and place of electing the kings; for the disturbed condition of soci- ety made it impossible in all cases to realize the provisions of the law. Royal power was often obtained by successful leadership in a re- bellion, or by the fact that the candidate had been associated in the government with the previous ruler.
The period of Spanish history extending from the invasion of the Moors, in 711, to the fall of Granada, in 1492, was marked by the con- flict of two unlike civilizations. The first twenty years witnessed the conquest of the Peninsula by the Mohammedans; the last seven hundred and sixty years witnessed the reconquest by the Christians. Under the Moors, the Christians were allowed to govern themselves, in minor matters, by their own laws, and their ancient magistrates exercised civil and criminal jurisdiction, but they might not impose the death penalty without the ap- proval of the Mohammedan authorities. The Catholic worship was continued under the domination of the Moors, and was found estab- lished in the churches of Toledo and Seville when these cities were reconquered by the Christians.
During the early decades of Moorish rule in Spain, from 711 to 755, the country was under the immediate authority of a governor-general,
6 SPANISH RULE IN AMERICA
called an Emir, who resided at Cordova, and was subordinated to the Calif of Damascus. The most illustrious of the Emirs was Abderra- man, who undertook to subjugate the region north of the Pyrenees, and was overthrown by Charles Martel. The distance of the Emir from his superior made it impossible to main- tain throughout the Peninsula a recognition of the Calif's or the Emir's power, and to prevent the movement towards the growth of independ- ent local authorities. " The government of the Emirs had reached a most unfortunate con- dition; the chiefs of the tribes were declaring themselves in open rebellion ; the troops were giving themselves over to all kinds of excesses; and anarchy began to endanger Arabian do- minion on the soil of Spain. " ' In view of this drift in affairs, it became necessary to establish an independent power in the Peninsula, which might check the tendency to anarchy. There was then created the Calif of Cordova, an act involving a revolution which set aside the supremacy of the Calif of Damascus, established a sovereign government in Mohammedan Spain, and placed on the throne Abderra- man, the only surviving member of the de- throned Ommeyad dynasty. Abderraman divided his dominions into six provinces: To- ledo, Merida, Zaragoza, Granada, Valencia,
' Santamaria de Paredes, Derecho Politico, 470.
INTRODUCTORY 7
and Murcia. One of the consequences of this division was the development of the authority of the provincial governments and the decline of the political power of the Califs, till at last the Calif represented merely the religious su- premacy. Internal discord and hostility among the governors weakened the Mohammedans, and facilitated the conquests of the increasing Christian powers.
The government of the Moors in Spain was an absolute monarchy, in which both religious and political supremacy were united in the Calif. In the transfer of his power to a succes- sor, the principle of heredity and the appoint- ing will of the Calif were both recognized. He might designate which of his sons he wished to succeed him. He might associate with himself in the government the person designated, and cause him to be recognized as the heir to the throne by the chief officers of the state. The exercise of this freedom of choice was, how- ever, often the source of dissatisfaction, and led to social disturbance and rebellion. The practice of dividing the political inheritance among several sons, which prevailed in certain contemporary^ Christian states, was not per- mitted in the Mohammedan state. The Mo- hammedan ruler was regarded as the bearer of the sacred inheritance of the Prophet, which had to be preserved and passed on undivided.
8 SPANISH RULE IN AMERICA
Some of the most important features of Spanish life and policy have been determined by the fact that Spain was for several centuries the meeting-place of Eastern and Western cul- ture. The Arabs and the Jews represented the East, and the various invading tribes of Ger- manic Christians stood for the culture of the West. This colliding of two great waves of migration had a physical effect by mingling the blood of several peoples, and a spiritual effect in developing a peculiar quality of mind, and in giving the nation a point of view quite its own. When the Christians and the Moham- medans first came into conflict in Spain, both parties were eager for the fray. The Moham- medans were rendered uncompromising by a hundred and fifty years of unparalleled success, and the Christians had already whetted their zeal on the unfortunate Jews. When the Christian rule of Spain receded before the rising power of the Mohammedans, the con- temned Jew, remembering the indignities he had suffered, threw the weight of his marvel- lous ability and the propelling force of a holy indignation to the side of the Moors. Under the Moors, the Jews found their circumstances especially favorable. They rose to positions of honor and power. They turned again to agriculture and the pastoral life. They took part in the intellectual revival of the Moors;
INTRODUCTORY 9
and through the combined influence of the Moors and the Jews, Spain for a time led the civiHzation of Europe. The Jews not only enjoyed liberty, but they also acquired great wealth ; and this wealth caused a further mix- ture of races. The impoverished Christians married the rich Jewesses in the hope of re- pairing broken fortunes; and the Jews con- sented to these marriages, hoping to extend their period of toleration under the Christians. And their hopes, though not on account of intermarriage, were in a large measure realized. During a part of the period of reconquest, while it was still uncertain whether the cross or the crescent would triumph, the position of the Jews in the kingdoms of Christian Spain was even higher than it had been under the Mohammedan power; and many of the charac- teristics of the modern Spaniard date from this period, when the blood of the Goth and that of the Jew were freely mingled.
The final victory of the Christians over the Moors meant little more than the overthrow of Mohammedan rule. Those who went with the exiled leaders to Africa, after the fall of Gra- nada, were few compared with those who, only a short time before, had acknowledged alle- giance to the Moorish government. The bulk of the subjects of the dethroned prince, Bodb- dil, remained within the borders of Spain, be-
lO SPANISH RULE IN AMERICA
came closely allied to the other elements of the nation, and exerted a modifying influence not only on its physical qualities, but also on its intellectual tone.
The period during which Spanish territory was divided between the Christians and the Mohammedans appears, from the standpoint of social enlightenment, the most hopeful in the history of the Peninsula. The process of race affiliation and assimilation had begun, and, through the mingling of the elements present, there was forming a new nation, big with the prospects of great material achievements and of splendid cultivation. The governments of the several Christian kingdoms within the Spanish Peninsula rested on a broad basis of constitutionalism ; and the local governments of the municipalities became specially con- spicuous for their administration under charters of privileges, which have been justly celebrated throughout the civilized world. Looking back from our point of advantage, Spain appears in that period destined to become the successful rival of England in leading the political de- velopment of Europe. Its resources for estab- lishing a high grade of civilization appear to have exceeded those of any other Western nation at that time.
But we have only to compare modern with mediaeval Spain, in order to see that at some
IN TROD UC TOR V II
point there came a change in the mental atti- tude of the nation, giving to its later civilization a character which is not the legitimate outcome of its early condition. In the early years of Mohammedan dominion in Spain, the chief accusation raised against the Moors was not the familiar later charge that they were infidels ; rather that they had invaded the fields, taken possession of the towns, overthrown the gov- ernment, and in its stead set up the rule of the usurping stranger. Towards the close of the eleventh century, in France, Germany, and Italy, under the war-cry of the crusades, great undisciplined armies were moved with a holy frenzy to throw themselves upon the infidels of Palestine. While the fiery zeal of the crusa- ders was slowly burning itself out in the East, the infection had taken in Spain, and princes and nobles undertook a new crusade. The ancient prospects of toleration disappeared, and the hopes of the Jews were blasted. After the enjoyment of power and wealth, the favor of princes, and assurances of continued prosper- ity, they were compelled to abandon the land which had become their second fatherland, and to go into exile. These events appear to indicate a change in the national spirit, a turning-point in the course of Spanish civiliza- tion. The hopeful prospects of constitution- alism and municipal liberty were destroyed.
12 SPANISH RULE IN AMERICA
Religious intolerance and royal absolutism gave character to public action. In the six- teenth and seventeenth centuries, all European states drifted into absolute monarchy; but in some nations, as in England and Sweden, this movement was met by a resisting force in the body of the people, which rendered practical absolutism short-lived. But in Spain the tran- sition was thorough, and the hope of freedom found no general public expression till the popular uprising in 1812.
The absolutism of the Spanish kings differed from that developed in other European states, by reason of the peculiar circumstances of Spain. In England, France, Denmark, Sweden, and the German kingdoms, the positive move- ment towards absolutism came after the Prot- estant Revolution had weakened the authority of the church in relation to the affairs of the state. But in Spain the movement fell within the years marked by the crusade against the Jews and the Moors, when the king and priests were directed by one common overpowering motive, when the royal activity was not deter- mined by economic and political considerations, but by the desire to realize in Spain the de- signs of the church, involving the consolidation of ecclesiastical power and the unity of faith. The Spanish kings became, therefore, rather the champions of ecclesiasticism than the de-
IN TR OD UC TOR V 1 3
fenders of the temporal interests of the nation. To this change of attitude may be traced the general character of later Spanish civilization, and also many of the ills which overtook Spain in the subsequent course of her decline. The Jews were expelled, and thereby the nation suffered an irreparable loss of commercial and financial ability, that peculiar ability which since the expulsion has been wanting in the Spanish people, whether in Spain or America. In obedience to the demands of awakened fanaticism, the dominion of the Moors ^was destroyed, and the beautiful cultivation of An- dalusia was wasted by the conquerors. What might have been the later condition of Southern Spain, had it been allowed to rest under the dominion of the Moors, it is impossible now to determine. It is easy to say that the civiliza- tion which was destroyed had already culmi- nated, and that it had no future but a miserable decline into the semi-barbarism of the Orient. It is possible that this would have been the outcome, but the evidence presented by the history of the Moors in Spain does not force upon us this conclusion. Even while the northern border of their dominions was being pushed towards the south by the Christians, they continued to advance in cultivation and the arts of peace ; and in many departments of civilized life they had never reached a higher
14 SPANISH RULE IN AMERICA
position than that which they occupied at the time of their final defeat. What might have followed their continued presence in the Penin- sula, the historian may not positively affirm. He knows, however, that whenever a nation is observed to be advancing in a knowledge of the arts of civilized life and in cultivation, and still shows no decline in material resources, the probability of a further advance, unless over- whelmed by war, amounts almost to a cer- tainty ; on this basis he infers that the upward course of the Moors had not been fully run.
The later expulsion of the Moriscoes, in 1610, by which " about a million of the most industrious inhabitants of Spain were hunted out like wild beasts," had a far-reaching effect on the material interests of the Peninsula.
" The cultivation of rice, cotton, and sugar, and the manufacture of silk and paper had been almost exclusively in the hands of the Moriscoes. By their expulsion, all this was destroyed at a blow, and most of it was destroyed forever. For, the Spanish Christians considered such pursuits be- neath their dignity. In their judgment, war and religion were the only two avocations worthy of being followed. To fight for the king, or to enter the church, was honorable ; but everything else was mean and sordid. When, therefore, the Moris- coes were thrust out of Spain, there was no one to fill their place ; arts and manufactures either degen- erated, or were entirely lost, and immense regions
INTRODUCTORY 1 5
of arable land were left uncultivated. Some of the richest parts of Valencia and Granada were so neglected, that means were wanting to feed even the scanty population which remained there. Whole districts were suddenly deserted, and down to the present day have never been repeopled." ^
The long wars involved in these centuries which led up to the overthrow of the Moham- medans merged the interests of the church in the interests of the crown, and often made it impossible afterwards to discriminate between the ecclesiastical and political functions, be- tween the government and the church. These wars also kept alive the fanatical zeal of the nation, and gave an ecclesiastical coloring to all great public undertakings. In this view it appears significant that the discovery of Amer- ica was contemporaneous with the fall of Gra- nada. The discovery of a new world occupied by a non-Christian people, at a time when the heroic efforts to suppress the Moorish infidel had been crowned with success, appeared to the Spaniards as evidence that they were the instruments preferred by Providence in ex- tending the kingdom of heaven on earth. It was natural, therefore, that the exploration and occupation of America should assume somewhat of the character of a crusade. If the conduct of some of the leaders of Spanish exploration and conquest in America does not
* Buckle, Civilization iv England, ii., 52.
1 6 SPANISH RULE IN AMERICA
seem to exemplify the gospel of peace and gentleness, it should be remembered, in the first place, that, by reason of the great distance and the lack of communication, there were many opportunities for the agents to depart from the intentions of their principal, the king, and, in the second place, that the crusaders, whether in Palestine or in Spain, were not al- ways averse to cruelty and even the shedding of blood. But the cruelty and excesses of which the Indians of America were the victims cannot be justly charged to the Spanish court, but rather to the unprincipled adventurers to whom, in a number of cases, was confided the task of conquering and settling America. For, removed from the immediate control of the court, they could and did violate its orders with impunity. They disregarded the com- mands of their superiors, and sought only their own interests, without much regard to the effect of their conduct on the natives. The accumulation of power in the crown through the wars against the Moors had a marked in- fluence, not only on civilization in Spain, but also on the form and prospects of society in Spanish America. The policy of Spain with reference to her American possessions was in its essential features determined by the circum- stances which made the Spanish nation and its government what they had become.
CHAPTER II
GENERAL POLICY
THE establishment of the absolute power of the Spanish crown made easy the adoption of the fundamental provision of Spain's Ameri- can policy, namely, that Spanish America should be regarded and treated as directly sub- ject to the king, and not to be controlled by the functionaries hitherto existing for the govern- ment of Spain. When it is said that Spain founded her rights in the New World on the celebrated bull of Alexander VI., which was designed to put an end to conflicting preten- sions between Spain and Portugal, there is re- vealed an attempt to conceal the fact that the only claims which Spain or the Spanish king had to lands in America were based on usur- pation. Carrying the pretended right back to a grant by the pope only fixed the act of usurpation one step earlier. But whatever title was transmitted by the papal bull was
2
17
1 8 SPANISH RULE IN AMERICA
conveyed to Ferdinand and Isabella, not to the Spanish nation, and the subsequent politi- cal and ecclesiastical administration of the affairs of Spanish America was carried on under the presumption that the king was the sole political superior. From a strictly legal point of view, Mexico and Peru, and, later, the other states of equal dignity, appear as king- doms in a personal union with the kingdom of Spain, rather than as colonies in the ordinary meaning of that term.
As a consequence of this fundamental fact of Spanish policy, the king was the most conspicu- ous functionary who exercised authority both in Spain and the Indies. Other political agencies were created to assist the king in ad- ministering the affairs of his American posses- sions, and except in very rare instances they exercised no power in Spain. They were new institutions, and were formed for the special work of governing in America. The first in rank of these special agencies was the Council of the Indies. It was created while Columbus was making preparations for his second voyage, and at the time of its establishment consisted of eight councillors. It was placed under the direction of the archdeacon of Seville, Don Juan de Fonseca. It was required to reside at court, and might be presided over by the king. It held supreme and exclusive jurisdiction in
GENERAL POLICY 19
the affairs of the Indies. The separation of powers, which has become a famihar feature of modern states, was not carefully regarded in Spain in the sixteenth century. The Coun- cil of the Indies covered the whole field of governmental activity. It was a legislative body, in that from it proceeded the laws for the government of the Spanish possessions in America; it was also a judicial body, sitting as a court of final appeal for all cases concerning American affairs which were of sufficient im- portance to be carried to it ; and it was, further- more, an executive body, inasmuch as its advice was sought by the king on all questions of great importance in the administration of the Indies. And in order that it might be in a position to deal wisely with the affairs en- trusted to it, it was a part of the king's policy to appoint many of its members from persons who had been in the public service in America or in the Philippine Islands, and had thus ac- quired great practical knowledge of the trans- atlantic countries.'
Provision having been made for the manage- ment of the political affairs of Spanish America by the establishment of the Council of the In- dies, a second body was then created to take immediate control of the economical affairs. This body had its beginning in the exchange
' Alaman, Historia de Afejico, i., 35.
20 SPANISH RULE IN AMERICA
of Seville and the custom-house of Cadiz, which were established between the first and second voyages of Columbus/ When it had taken definite form, it was known as the Casa de Contratacion, which may be appropriately designated in English as the India House. It was definitely established at Seville in 1503. In this year it was ordered that a house should be built in the shipyards of Seville, for the trade and commerce of the West Indies, the Canaries, and such other islands as were already discovered, or might be discovered in the future. To this ** house were to be brought all merchandize, and other things necessary to this trade," whether designed for shipment to the Indies, or to be returned from America.
This organization was made especially neces- sary by the plan of the Spanish king to subject the trade with America to a rigid and exclusive monopoly. Under its control, Seville became the only port from which ships might be sent to America, and through which colonial products might enter in return. The India House took account of everything that concerned the eco- nomical affairs of the Indies ; it had power to grant licenses, to equip vessels, to determine their destiny, and to give them instructions as to their loading and sailing. In the perform- ance of its ample judicial functions, it consulted ' Lafuente ffistoria de Estana^ ix., 467.
GENERAL POLICY 21
lawyers, who were paid by the government. From its decisions appeal could be taken only to the Council of the Indies. Its officers con- sisted of a president, a treasurer, a secretary, an agent, three judges or commissioners, an attorney, and such other ministers and officials as might be provided for by law. If it is said that the Council of the Indies stood for the king in political matters, and the India House in eco- nomical affairs, the significance of the latter body is not thereby fully presented. The activity of the India House is contrasted with that of the Council of the Indies by its larger executive functions, its more immediate partici- pation in the practical work of administration, and by acting as the agent of the Spanish king in maintaining and carrying out the laws rela- ting to the Indies. Its jurisdiction was without special territorial limits ; it covered all matters embraced in the ordinances, and reached all persons who contravened these ordinances. All cases arising from theft or any other crime com- mitted on the voyage to, or returning from, the Indies, — in fact, all cases under the laws of the Indies — fell within its exclusive province. But in certain cases, where private persons had suf- fered injury on the voyage from other private persons, the injured party might demand justice either before the judges of the Casa or before an ordinary court of Seville.
22 SPANISH RULE IN AMERICA
In these two organizations, the Council of the Indies and the Casa de Contratacion of Seville, we discover the two special agents em- ployed by the king in carrying out in America the measures of an essentially absolute rule, whether they concerned the political or the economical affairs of his possessions. But the immediate direction of Spanish-American affairs was intrusted to single officers and coun- cils residing in the New World. Prominent among these were the governors, the audiencias, the viceroys, the presidents, the captains-gen- eral, and the officers of the municipalities. With whatever authority they were clothed, they were all subordinate to the king and the Council of the Indies, or the India House; and under whatever titles they existed, they were all designed to contribute to the two great features of Spanish colonial policy, namely, absolute political control and monopolistic privilege in industry and trade.
The first step in carrying out the restrictive commercial policy which Spain had adopted was to limit the commerce with America to a single Spanish port. Seville became the priv- ileged port, and so remained for about two hundred years, until, by the decree of 1717, the India House, with all its privileges, was removed to the port of Cadiz. The actual transfer was made in 1718. Down to this
GENERAL POLICY 23
time no power had been adequate to break Seville's exclusive privilege. Whatever ships went to America were cleared by the authori- ties of the port of Seville, although in certain cases they may have actually set sail from the bay of Cadiz. Ten years later, in 1728, the privilege of Cadiz was invaded. The Com- pany of Guipiizcoa was granted the privilege of trading with the province of Caracas from the port of San Sebastian. This was the only exception in the policy of exclusiveness till 1765. Then came a change through which other Spanish ports were opened to the Ameri- can trade; and finally, in 1782, Spanish subjects or members of the colony of New Orleans were permitted to take cargoes from French ports, and return to these ports the wares of Louisiana and Western Florida. But, as indicating the survival of the Spanish infatuation, these traders were not permitted to enter money at the ports of France.
But the restriction as to ports was scarcely less severe at the American end of the route than in Spain. At first ships might sail to America whenever they were ready and had received the proper license ; but later they were allowed to go only in fleets and under a naval escort. This was the usual order for two cen- turies, till 1748, and while it prevailed two fleets were sent annually, one to Porto Bello,
24 SPANISH RULE IN AMERICA
on the Isthmus, the other to Vera Cruz, in Mexico. Although controlled immediately by the India House, the fleet might not be an- nounced, nor the officers chosen, except under the order of the Council of the Indies.
Under this arrangement, all trade with Mex- ico had to pass between the port of Seville and that of Vera Cruz ; and all trade with South America, between Seville and Porto Bello, trade between the several colonies being strictly pro- hibited. Panama thus became the port of col- lection and distribution on the Pacific. The exports from the Pacific coast of South America were gathered here and carried across the Isthmus to Porto Bello, and here was held a fair of forty days' duration, at which the Euro- pean wares were exchanged for the gold and silver and other products of America. For decades the intercourse between Spain and Spanish South America was annually confined to the few days of unloading and loading the ships of the Spanish fleet. The fair of Porto Bello was, therefore, the great event of the year for the whole of South America. From it European wares were distributed to Venez- uela, Granada, Peru, Chile, and even to Buenos Aires. But by this system of transportation the prices of the imported wares, at certain places, were increased by five hundred or six hundred per cent, of the original cost. This
GENERAL POLICY 2$
fair was more especially the great event for the little town of Porto Bello. On the arrival of the vessels, most of the inhabitants of the town were accustomed to quit their houses for the advantage of letting them, while others retired to a few rooms in order to make money out of the rest. The poorer quarters were naturally overcrowded, and barracks were erected, prin- cipally for the accommodation of the ships* crews, who here kept stalls for the sale of sweetmeats and other things brought from Spain. ** But at the conclusion of the fair, the ships put to sea, all these buildings were taken down, and the town returns to its former tranquillity and emptiness."*
The prices of the wares which were exchanged at the fair of Porto Bello appear to have been determined by comparing the wares brought from Spain with the silver, gold, and other articles from Peru, and setting the one amount against the other, having no regard to any con- sideration except that of relative amounts.'
* Ulloa, Voyage to South America^ i., 90.
* Concerning trade between Spain and her American colo- nies, see Rubalcava, Tratado Historico, Politico^ y Legal de el Comercio de las Indias Occidentales. Of the variations of prices at the Isthmus, Benzoni says that at Nombre de Dios, where Spanish ships were accustomed to land various articles, the prices at different times varied greatly, on account of the uncertainty and irregularity of the supply. The principal articles received there were wine, flour, and biscuit. Besides
26 SPANISH RULE IN AMERICA
The usefulness of the fair at Porto Bello be- came known to the merchants of New Spain, and they requested that a similar fair should be established in that kingdom. This plan was not carried out till the beginning of the eight- eenth century. It was then determined that the fair should be held in Jalapa, to which place the wares landed at Vera Cruz were transported by land. The decree establishing this fair was issued April 12, 1728. But before this time the effectiveness of the commercial system had already begun to decline under the encroachments of contraband trade.'
these there were cloth, silk, oil, and other things for house- hold use, made in Spain. " And sometimes it has happened, that the market has been so overstocked, that the articles did not fetch the price which they originally cost in Spain. I have even seen some instances of people having various goods left on their hands, such as oil, tigs, raisins, et cetera, and not be- ing able to obtain any price for them, they have left them with the captain of the ship for freight. Whilst, on the contrary, there have been times when everything was so scarce, in con- sequence of the ships not coming (owing to fear of the French), that every article was sold, as the saying is, for its weight in gold." — History of the New Worldy 116. ^ Rubalcava, 181.
CHAPTER III
THE CASA DE CONTRATACION
WHEN the India House was organized to manage the trade with America, it was proposed that a building should be constructed for the use of the officers ; but by a subsequent order of the same year, 1503, this plan was set aside, and th.e offices which had been created were kept in the old Alcazar. The clerk, whose business it was not only to keep and report the accounts, but also to secure and preserve the books, papers, and records of the trade, was later known as the contador, or accountant. It was at first intended that the commissioners should live in the India House. In 15 18, how- ever, Charles V. ordered that no one should live in the House, but that it should be held exclusively for trade and the meetings of the officers. In order that the officers of the House might issue proper directions, they were ordered to " consult with, and receive information from, 27
28 SPANISff RULE IN AMERICA
such persons as were acquainted with the coun- tries discovered**; and the judges of other courts were ordered not to encroach upon their jurisdiction.
The formation of a special corporation at the port of Seville, through which should pass the affairs of the Indies, was one of the first practi- cal indications that these affairs were to be regarded as belonging particularly to the crown and not to the civil authorities of Spain. In view of the opposition which this policy aroused, the king ordered the ** supreme magistrate^ of Seville not to intermeddle, on any account, with what concerned the juris- diction of the India House, but rather to dili- gently support and maintain it in the privileges granted by him."* Similar commands were issued subsequently, and they were accom,- panied with the statement that he would not only maintain the new institution, but would add to its authority if necessary. Under Philip II., its authority was, in fact, extended so that it was a repository not only for the treas- ures brought from the Indies, but also for certain revenues raised in Andalusia. Even the fitting out of the great Armada of 1588
* Veitia Linage, 7.^ The references given here are to Norte de la Contratacion de las Indias Occident ales, by Don Joseph de Veitia Linage, "made English" by Capt. John Stevens under the title Spanish Rule of Trade to the West Indies,
THE CASA DE CONTRA TACION 29
was entrusted to the president and commis- sioners of the India House, acting in conjunc- tion with the Duke of Medina Sidonia. Their power increased; their credit rose; they ap- pointed officers of fleets and civil magistrates ; they granted passes to ships ; and in importance and dignity they stood next to the royal councillors. They enjoyed the same privileges and immunities as the judges of chancery and of the other courts. They exercised civil and* criminal jurisdiction in all cases involving the owners and masters of ships, sailors, factors, and merchants, and those intercepting letters or instructions relating to the Indies. They took cognizance of all crimes committed while sailing to, or returning from, the Indies, and in these cases no other judges had power to in- termeddle; and, according to a decree of 1558, the same method of procedure was followed as in the royal courts of Valladolid and Granada. Persons violating the ordinances of the India House might be brought from any part of the Spanish king's dominions, and be tried by this body in its judicial capacity in Seville. As a court it had, moreover, full jurisdiction over its own officers. In 1655, one of the'' account- ants killed another in a street in Seville, and a contest between the India House and the city as to the jurisdiction in this case was decided in.favor of the former of the contestants. Not
30 SPANISH RULE IN AMERICA
only had the India House the extensive juris- diction here indicated, but it was also subor- dinate to no council but that of the Indies. And it had power to inflict any degree of punishment.
In accordance with the provisions of the ordinances, the president, " appointed to re- side and preside in the India House," was required to be a " person of note. and experi- ence," " well versed in the affairs of the In- dies," having knowledge of places, of the history, and of the voyage. He bore the title of Lordship, and, in 1628, an order of the council of war decreed that the president was so careful of his dignity that he never acted jointly with the regent of Seville on any public occasion, because of difficulties of precedence, and in making visits of compliment he was at- tended by two judges or commissioners, and the algiiaciles were accustomed to go before the coach. All the elaborate ceremonies attending his taking up the duties of his office were care- fully prescribed by law.^
Among the duties of the president, one of the most important was the fitting out of the fleets and the armadas. He was, moreover, expected to supervise the embarkation of pas- sengers, taking special care that none should go without a license, and that licenses should
^ Veitia Linage, 19, 20.
THE CAS A DE CONTRATACION 3 1
not be sold or counterfeited. The general ordinance prohibiting the officers of the India House from engaging, either directly or in- directly, in the trade with America, applied to the president as well as to all other officers. The punishment of any president found guilty of violating this ordinance was reserved to the hands of the king.
AfteiLJ;]ie_president, the most important officers were the judges, who enjoyed the dis- tinction of being styled pieces officiates^ a title which all other officers belonging to the West Indies were forbidden to assume. For a num- ber of years they had the power to appoint the high officers of the fleets, but after the creation of the Council of the Indies this power fell into the hands of that body. Yet the admirals and vice-admirals continued subordinate to the judges of the India House; they enjoyed supreme authority only when under sail ; " and as soon as in their return they cast anchor in any port of Spain their authority ceases, and is transferred to the judge, or commissioner, who goes down to receive or clear the ships." *
The law not only determined the order of business, but also prescribed the office hours of the members. They were required to be on duty three hours in the forenoon of each day, from seven to ten, during the season from
' Veitia Linage, 26.
32 SPANISH RULE IN AMERICA
Easter to the end of September, and from eight to eleven during the rest of the year. And if any one were absent without just cause it was provided that his salary for that day should be withheld. The rule fixing the hours of the judges was not always observed, for ** when there are Armadas or Flotas to fit out, or clear, they sit at all hours and times, with- out excepting the greatest holiday, or unseason- able times at night; so that as no hours are exempt from business, upon extraordinary oc- casions, so that when there is no business they do not sit in the afternoon. * * ^
No judge, or commissioner, was permitted to be absent without leave. At first, while there were only three judges, leave was granted by the king, and the absent judge was obliged to secure a deputy ; but later, after the number of officers had been increased, it became cus- tomary for the president to grant such leaves of absence as were not for more than thirty days.'
The members of the India House were divided into two bodies, called the chamber of direction or government, and the chamber of justice. For eighty years, or until the found- ing of the chamber of justice, in 1 583, the whole business of the institution was conducted by a
» Veitia Linage, 27. ' IHd.^ 28.
THE CASA DE CONTRATACION 33
single body. During the first fifty-four years of this period, this body was composed of three judges; and during the last twenty-six years, of three judges and a president. After the creation of the chamber of justice, this body took cognizance of all criminal cases ; but cases not involving the king's revenue, nor specified in the laws and ordinances of this court, might be tried before this or any other court, at the pleasure of the parties concerned.
The chamber of justice, as established in 1583, consisted of two lawyers who were called judges, but were distinguished from \\i^ jueces officiales, or judges by office. A few years later, in 1596, a third judge was added, in order to avoid a tie, and to permit all cases brought before the chamber to be decided. All matters of law and justice were determined by the judges who were lawyers. If a case were originally brought up in the chamber of direc- tion, and there were developed in the course of its consideration contests belonging to a court of justice, it was immediately turned over to the chamber of justice. In this court suits were terminated with a hearing or a re-hearing, but cases involving more than 600,000 marave- dis, or 1500 dollars, might be appealed to the Council of the Indies. All cases involving the revenue, or duty for convoys, or pay due from the king, or sums in charge of the House,
34 SPANISH RULE IN AMERICA
which might not be delivered by an order of a court of justice alone, could not be taken up by the chamber of justice until after they had been presented to the chamber of direction. If it were disputed whether an item of business belonged to the chamber of direction or to the chamber of justice, the point in question was referred to the president and one judge from each chamber. For all matters not covered by the particular laws of the India House, resort was had to the general laws of the king- dom.
Besides the officers already mentioned, there was a fiscal, or solicitor, who has been de- scribed as ** the king's mouth in causes wherein he is concerned, a check upon those that man- age the revenues, a spy upon those who em- bezzle it, an informer against those that defraud it, an agent to improve it, and lastly a two- edged sword in a civil and criminal capacity, to defend the patrimony of the crown." This office was first established in 1546. Before this time, one of the commissioners had been appointed to perform its duties. He was re- quired to keep a record of all suits managed by him for the king, and to pass it on to his successor. His duties, in fact, were those of a prosecuting attorney, but his action was limited to cases concerning the king or his revenue; and his cases took precedence of all
THE CAS A DE CONTRATACION 35
others. One of the duties of the commission- ers was to go to the port and dispatch the armadas or fleets, and also to receive them on their return. This was regarded as one of their most unpleasant duties, and was per- formed in turn, beginning with the eldest. An extra allowance for this service of six ducats a day was made to each commissioner perform- ing it, and twelve ducats a day to the president. This duty consisted in inspecting the ships, determining whether or not they were in a proper condition to be sent to sea. If repairs were needed, the extent of them was deter- mined, and they were ordered to be made. If they were overloaded, a portion of the freight was ordered to be removed ; and great care was taken that no goods should be put on the ves- sels after they had been cleared. To prevent this, no boats except those properly licensed were permitted to go over the bar with the fleet. The commissioners clearing the vessels were required to send the officers of the king at the ports to which the ships were bound, an account of the destination of the ships, what force of men and guns they carried, what freight, and the extent of their provisions. It was the duty of the commissioners, moreover, to prevent the shipment of passengers without the proper licenses from the king or council. In case passengers were shipped without such
36 SPANISH RULE IN AMERICA
licenses, a penalty of one thousand ducats was imposed upon the officer under whose com- mand they were carried. The commissioner dispatching vessels was required, moreover, to see that the ships carried a sufficient amount of provisions and fresh water, and that they were ready to sail at the proper time. Having set sail, all the merchant ships were required to follow the admiral, to approach and salute him every day, and not change their course without his leave, " on pain of death and for- feiture of goods." '
There was a general prohibition that no magistrate or officer of justice in the kingdom of Spain should interfere in any matter falling within the jurisdiction of the India House; and that no seaport officers should go on board vessels bound to, or returning from, the Indies. In going from Seville to Cadiz to dispatch vessels, the commissioner took with him one of the clerks and a constable. He made the journey on the barge belonging to the India House, or on a vessel hired for him for this purpose.
On the return of ships from the Indies, they were received by some judge or commissioner of the Casa. This duty, like the duty of dis- patching vessels, devolved in turn upon the several members of the organization. The
^ Veitia Linage, 45
THE CAS A DE CONTRATACION 37
smaller ships were received in Seville near the Golden Tower. Those that were unable to ascend to this point on the river were re- ceived at a place called Barego, while those that came in fleets were always received in the port of Bonanza.' In 1589, it was ordered that no one but a judge, or commissioner, from the chamber of direction of the India House should be given a commission to visit the armadas or flotas. The thorough inspection involved in the commissioner's visit appeared to be necessary in carrying out Spain's protec- tive policy. It involved mustering the men to see if those who had left Spain had returned ; also an examination to determine whether the vessels carried the guns and ammunition which under the law they were required to carry, and to find out if they had observed their instruc- tions as to landings, or had brought goods not properly entered. The commissioner was also required to determine *' whether there was any blasphemous person aboard, or any that kept a wench; or whether they had played at prohibited games, or committed any other crimes.'" If, on inquiry, the commissioner found that the master owed the sailors any part of their pay, he was required to com- mand that the payment be made within three
* Veitia Linage, 47. ' Ibid., 48.
38 SPANISH RULE IN AMERICA
days; and if this command was not obeyed, the master was arrested and ordered to pay an additional sum to each person to whom he was indebted for every day of delay in making pay- ment. If it appeared, from the oath taken by the master and the crew, that any person had died on the outward or return voyage, an ac- count and an immediate delivery of his goods were demanded ; and if the goods were not im- mediately delivered, the master was required to pay the amount of their value, and forfeit to the king double this amount. In his official inspection, the commissioner was required to find out whether any slaves or passengers had been admitted on board the vessels without leave, and whether any Indians had been brought from America. This last had been strictly prohibited under penalty of a large pecuniary fine, perpetual banishment from the West Indies, and a payment for the return of the Indians to the province or island from which they had been taken. If the person guilty of this offence was unable to meet the payment for the return transportation, he was condemned to suffer a hundred lashes. In case persons belonging to the ships were absent at the time of the inspection, it was at first the practice to have them brought before the presi- dent and the court, but later they were brought before the commissioner at the port. The re-
THE CASA DE CONTRATACION 39
suit of this leniency was that often a majority of the men were absent from the muster, and this led to the imposition of a small fine for leaving the ship before the inspection. Not only the merchant ships but also the men-of- war were inspected on their arrival, with the view of determining whether they had com- plied with the prescriptions of the law.
It was incumbent on the India House to render to the Council of the Indies the earliest possible information concerning the arrival of the galleons and flotas. In pursuit of this pur- pose, the commissioner at the port, on the first intimation of the approach of vessels, sent out a boat to bring this information, which he at once dispatched by an express to the India House, however imperfect it might be.
As soon as the vessels had reached the port, a second messenger was dispatched to carry to the India House the number of the ships and a statement of the treasure which they con- tained. This information having been received by the president, was by him immediately sent to the king. The process of unloading the vessels was indicated in the law with great de- tail. The chests, with letters and accounts, were conveyed to Seville by a special messen- ger as rapidly as possible.
" The plate is unloaded out of the ships into
40 SPANISH RULE IN AMERICA
great vessels called gavarras^ or lighters, that of each galleon apart, an escrivano certifying the bars, chests, or other parcels so unloaded, upon which every boat has its guide, and a waiter appointed to bring it up. This is when the ships unload in the port of Bonanga, for if it be done in Cadiz, an offi- cer with some soldiers is to be in every boat, the whole cargo being in charge of the admiral's cap- tain, who goes in one of the said boats, and the ensign or sergeant in each of the others, with such number of soldiers as the admiral shall appoint." *
In the first phase of its organization the India H^use comprised three judges or commission- ers. As judges they had some functions in common, but in addition to these each had certain peculiar administrative duties. One commissioner was at the same time the comp- troller. He kept a detailed account of all sums received by the treasurer, and of all bills drawn upon these sums. He was required to preserve the " entries of ships sailing to, or returning from, the West Indies, upon pain of paying the damage the party shall sustain whose entry is lost." ^ For the management of the affairs of his office he was permitted to have a certain number of subordinate officers and clerks. The most important of these was a deputy comp- troller, who took charge of all matters be- longing to the king's revenue. In case the
' Veitia Linage, 52. '^ Ibid., 56.
THE CAS A DE CONTRATACION 4 1
comptroller was sick or absent, the deputy was empowered to sign for him and to dispatch all the business of the office. In appointing depu- ties to any commissioner, great care was taken to exclude all such persons as were in any way concerned in trade in the West Indies.
Among other officers subordinate to the comptroller, there was one who took charge of the goods of deceased persons, the goods of persons absent, and property left in trust. This officer, whenever the occasion arose through illness or absence, might act for the deputy comptroller. Another officer was charged with making the entries of commodities passing through the India House. There was still an- other officer whose duty it was to have a book in which was kept a record of persons depart- ing for the Indies, their names, places of birth, and the names of their parents. Another offi- cer or clerk had charge of the credits and the uncoined silver. He also conducted the cor- respondence between the court on the one hand, and the king and private persons on the other. All these officers held commissions ap- proved of by the chamber of direction. Such other clerks might be employed in the comp- troller's office as were demanded by the busi- ness in hand.
Some idea of the details of this office may be had from a list of books kept in the regular
42 SPANISH RULE IN AMERICA
course of business. They were as follows: I. Books of receipts and expenditure, in which were entered
" all the charges, in a very plain and distinct method, mentioning what chest the sum came from, what hands it has gone through, whether it came entire, in what sort of coin, and if it be ingots of gold or silver, in what shapes, upon what terms it was sold, mentioning the particular number of bars or other pieces of gold or silver, with the numbers, fineness, and weight, and whether they weighed the same as they did in the Indies." '
In these books were entered also orders for payments, and these orders were the comptrol- ler's receipts for his disbursements. 2. Books of the revenue derived by the cruzada.^ 3. Books of the king's private revenue. These contained accounts of the sale of gold and silver ingots, which were sold at the treasury. These accounts embraced statements of the number
' Veitia Linage, 58.
'^ Every two years the bull of the cruzada was published con- taining " an absolution from past offenses by the pope, and, among other immunities, a permission to eat several kinds of prohibited food during Lent, and on meagre days. . . . Every person in the Spanish colonies, of European, Creolian, or mixed race, purchases a bull, which is deemed essential to his salvation, at the rate set upon it by government." The price varied, according to the rank of the purchaser, from two reales to sixteen reales. See Robertson, New York, 1839, ^> 384, 523.
THE CASA DE CONTRATACION 43
and weight of bars, the persons to whom they were sold, and the dates and terms of sale. 4. Books wherein were entered all the com- modities deposited in the warehouses. 5. Books in which were recorded all the resolutions of the chamber of direction. 6. Books of the dead, in which a record was kept of all property that belonged to deceased persons, ** stating accounts nicely with the dead, making him creditor for all that is brought over in armadas and flotas, and debtor for all that is delivered to his heirs, executors, and creditors." ' 7. Books in which were entered the fines and the expenses of the court. 8. Books of pas- sengers, in which were entered the names, birthplace, and parentage of all persons going to the Indies the places of their destination, and the terms of their licenses. 9. Books of letters, embracing copies of all letters writ- ten by the court. 10. Books in which were filed copies of all orders, bills, informations, and certificates. 11. Books in which were en- tered or filed the commissions of all the officers of the India House. 12. Books in which were filed copies of all naturalization papers that had been issued to persons to enable them to par- ticipate in the trade with the West Indies. 13. Books in which were charged all utensils and goods delivered to the chief pilot, cosmog-
' Veitia Linage, 59.
44 SPAmsU kULE in AMEkiCA
rapher, and other officers. 14. Books in which were kept accounts of the loading of all ships.
Another commissioner held the special office of treasurer, and whatever money was received from the sale of gold, silver, pearls, and other products of the Indies was committed to his custody. The treasurer and the other com- missioners were required to give bonds to the amount of thirty thousand ducats, each, and the treasurer, as the receiver of the money of deceased persons, an additional bond of fifteen thousand ducats, while of the sub-treasurer there was required a bond of ten thousand ducats. The treasury chamber to which the laws make frequent reference was a room with barred windows and double doors. Each door had three unlike keys which were distributed among the commissioners.
Payments of money belonging to the crown were made on orders issued by the king,
** passed by the councils of the West Indies and of the Revenue, in such manner that the Council of the Indies gives an order for the gross sum; and then that of the Revenue grants particular warrants to those who are to receive it. These warrants are presented in the chamber of direction, where as- signments are given upon the treasurer." ^
The sums belonging to deceased persons,
' Veitia Linage, 62.
THE CAS A DE CONTRA TACION 45
which came into the hands of the treasurer were very great during the early decades of Spanish dominion in America, and it became customary to make loans from this store. In 1633 the king had borrowed from it more than five hundred thousand ducats, and all the pressure that could be brought to bear upon him was inadequate to make him restore it. It, therefore, happened that persons holding valid claims against this fund could not recover what was due them, because the fund itself had been exhausted by loans to persons who, like the king, either could not or would not meet their obligations. In order to avoid com- plications and embarrassments from delayed claims, steps were taken to ensure that the most efficient means possible should be taken to discover the heirs in all cases ; but in case they did not appear or were not discovered within two years after inquiry for them had been instituted, the property of such deceased persons should be regarded as forfeited. The property of deceased persons here intended in- cluded not only that of persons who had died in the Indies, but also that which had been left by passengers, sailors, and others, who had died on the outward or return voyage. For managing this property the treasurer, by a de- cree of 1 67 1, was granted a fee of one per cent, of all that came into his hands.
46 SPANISH RULE IN AMERICA
The third of the three judges, or commis- sioners, who at first constituted this court of trade, held in addition to his office of commis- sioner, the special office of factor, or manager. His principal function was to purchase on be- half of the king, or the king's officers, com- modities needed for the king's service in America. If a governor, or any other officer, of the king's appointment in the Indies, had need of any material from Spain for the proper conduct of affairs in his department of public service, he sent to the factor at Seville or Cadiz, who purchased the desired articles and sent them to him by the ordinary means of communication. The factor, moreover, was charged with all commodities brought from the Indies for the king, or brought by the king's order to be sent thither, except gold, silver, and precious stones. These were con- signed to the treasurer. Using the king's arsenal as a storehouse for the things received, the factor was accustomed to deliver them on an order from the king, the council, or the chamber of direction. The actual care of the commodities was confided to a deputy of the factor, who occupied an apartment in the building in which they were kept. Although the king's gold and silver were in the custody of the treasurer, yet if any of it was to be melted down at the mint, the supervision of
THE CA SA DE CONTRA TA CI ON 47
this work devolved upon the factor. And he had, moreover, the control of the funds ad- vanced by the king for carrying the ecclesiastics to the Indies, and furnishing them those things vi'hich they might need, and to which they were entitled under the law.
One of the important articles of trade be- tween Spain and the Indies was quicksilver, which was extensively used in the production of silver. The trade in this particular com- modity was monopolized by the king, and no other person might engage in it, under penalty of death and forfeiture of property. It having been found that the mine of Almaden did not produce enough to supply the demand of New Spain, it was determined to make up the de- ficiency from the mines of Peru. For three or four years, therefore, quicksilver was carried from Peru to New Spain, and, as a part of this transaction, goods of various kinds were carried from New Spain to Peru, thus violating the law prohibiting trade between these two countries. Although this trade may have been mutually advantageous to the two colonial kingdoms immediately concerned, it was nevertheless re- garded by the king as detrimental to the inter- ests of Spain, and was consequently suppressed. The subsequent failure of the Peruvian mines caused the Indies for a certain time to be sup- plied entirely from Europe, principally from
48 SPANISH RULE IN AMERICA
Germany and the mine of Almaden. What- ever part was sent from Spain passed through Seville, and was prepared for shipment under the care of the factor or manager of the India House. The manner of putting it up has been described by Veitia Linage, sometime treasurer and commissioner of the India House:
** Every half-quintal, or half-hundred, is put into a sheep's skin well bound with hempen cords, and that into a tight cask, nailed down, and three of these casks containing a quintal, or a hundred and a half, into a chest, which, being nailed and bound over with hempen ropes, is wrapped with coarse mats, and bound over again. Upon every chest is fastened the king's arms painted on Hnen cloth, and these chests are for New Spain; for those carry but a quintal that are for the Firm- land.'"
To avoid the danger of the skins rotting, it was found advisable not to form the packages until the ships were ready to sail.
** A commissary was appointed to go in the ships that carry quicksilver, who gave bonds to the factor for the delivery of them to the king's officers at the port they were destined for, and to make good the deficiencies of the regular convoy duty the masters were obliged to pay for such goods as they take aboard. These commissaries were appointed by * The Spanish Rule of Trade to the West Indies, 68.
THE CAS A DE CONTRATACION 49
the president of the India House, and being brought before the chamber of direction, gave security; and for their trouble and hazard were allowed twelve ducats for every eighteen quintals, accounted a ton, which was paid by the king's officers, where they delivered the silver." '
For one hundred and twenty-two years the organization known as the India House con- sisted of three commissioners who, as already indicated, filled the several offices of comptrol- ler, factor, and treasurer. In 1625, Philip IV. added the Duke of Olivares to the list of com- missioners, at the same time conferring upon him the office of chief alguacily which was made hereditary to the immediate heirs of his family. The list of judges or commissioners was also increased by the creation of the office of chief alcalde, or keeper, which was conferred upon the Count of Castrillo, and made hereditary to his heirs forever. It devolved upon him, among his other functions, to appoint the doorkeepers of both the chamber of justice and the chamber of direction, and their as- sistants, the doorkeepers of the office for con- voy money, the porter at the gate, the keepers of the treasury chamber, and certain other officers of the custom-house and port, all of whom had previously been appointed by the president of the Council of the Indies.
' The Spanish Rule of Trade to the West Indies, 69.
4
50 SPANISH PULE IN AMERICA
The histOLrical significance of the organization known as the Casa de Contratacion lay in the fact that for a long time it held the key to the New World, and was the efficient agent of the Spanish king in carrying out the most rigid system of commercial restriction that was ever framed. It continued to have its seat at Seville till 1 7 17, when it was transferred to Cadiz for greater convenience in superintending the ship- ping to America, the bulk of which at this time went from, and was received at, this port. After the removal to Cadiz, an agent of the India House continued to reside in Seville, as, while the offices were in Seville, there had been an agent in Cadiz. The actual transfer of the offices to Cadiz, in accordance with the decree of 1717, was made, as already indicated, in 1718.'
The attitude of Spain towards trade and traders was such as to furnish a positive hin- drance to commercial development; and in the course of time the Spaniards had to lament that, through their failure to honor and en- courage merchants, most of their trade had fallen into the hands of foreigners. In view of the tendency towards this result, certain special privileges were extended to Spanish merchants trading with the Indies. Among these privi-
' Antunez, Legislacion p Gobierno del Comercio de los Espan- oles con sus Colonias en las Indias Occidentales, 10.
THE CASA DE CONTRA TACION 5 I
leges may be noted that of deferring payments to creditors in case of misfortune causing con- siderable loss. Any person who had been granted this privilege through letters of license, was accustomed to pay five per cent, per annum on the amounts of the payments de- ferred.
It was one of the rules of transportation that goods must be landed at the port to which they were consigned ; and if they were permitted to be sent to adjacent ports, it was required that they should be sent thither in other vessels than those which carried them from Spain. Goods brought from the Indies consigned to the king were always introduced into Spain free of duty. Provisions and other commodities sent for the use of the soldiers in the garrison in Florida also paid no duty. After import duties had been removed, it was customary to allow goods for use in Spain to be taken from the ships wherever they might come to anchor, but goods imported for re-exportation had to be brought to Seville that arrangements might there be made for the duty of exportation. In the later times the duties were so exorbitant that the officers did not pretend to collect the full amount. It appeared from experience that by this means the maximum revenue would accrue to the state, because of the ex- traordinary efforts that were made to escape
52 SPANISH RULE IN AMERICA
payment altogether when the full duty was demanded.
Important among the burdens imposed upon the commodities involved in the trade between Spain and the Indies was the haberia^ or duty levied on the goods carried, in order to meet the expenses of the convoy. It was first im- posed in 1543, and was then at the rate of two and one half per cent., and in 1587 it was raised to seven per cent. After the sea had become somewhat more safe by the cessation of hostilities between England and Spain, the rate of convoy fell to six per cent., but it ap- pears to have risen again in the first half of the seventeenth century ; for by a decree of Philip IV., dated 1644, it was ordered that this duty should not exceed twelve per cent. All com- modities whatsoever carried to, or brought from, the Indies, not excepting those belong- ing to the king himself, were required to pay this duty. No goods were delivered until the duty for convoy had been paid, and this was exacted, although the goods had on another account been forfeited. Yet silver and com- modities consigned for the holy places at Jeru- salem and for the redemption of captives were exempt from this duty. The collecting and accounting for this duty was at one time en- trusted to the commissioners of the India House; but after 1572 it was placed in the
THE CAS A DE CONTRATACION 53
hands pj a special commission of five persons, who sat in a chamber of the India House, which had been appointed for their use.
Besides the functionaries already mentioned, there was also a proveedory or commissary- general, whose duty it was " t^ordeiiall pay- ments for provisions bought," and tQ see that no more provisions and stores were taken on board than were needed for use. This officer was subordinate to the president and commis- sioners of the India House, and all agreements which he might make required their approval in order to be valid. He was permitted to em- ploy four agents, or under-commissaries, and was required to render an account of all pro- visions turned over by him to the officers of the ships taking charge of them. Such pro- visions were free from all duties. T\iq proveedor might appoint a deputy to act in his absence, and also two clerks, when the amount of the business demanded it.
Among the other persons employed in con- nection with the shipping to America, mention may be made of the superintendent of the workmen engaged in the shipyards. He was expected to examine the ships needing repairs, and to o verse e_th£.,wnrk of repairing, prevent- ing waste through dishonest work or the steal- ing of material. The master carpenters and master calkers were appointed by the king, on
54 SPANISH RULE IN AMERICA
the recommendation of the commissioners of the India House. They were paid by the day whenever they had work. There was also a storekeeper who had charge of all provisions and material for fitting out ships, and who delivered them as they were needed, " from the time the ships began to be fitted till they sailed." During part of the colonial period there were two of these officers, and at other times three.
The visitors of ships were important offi- cers of the India House. They have been described as next to the commissioners in dignity. They were required to be " expert and^skjjiul '-* in fitting out ships, to inspect them, and to determine the number of men and the amount of stores and ammunition that, should be put on board of each. Before leaving for the Indies each ship was required to have a license from the president and com- missioners of the India House, and to have been examined either by the president and commissioners themselves or by the visitor. The ship was examined before it was loaded, in order that it might be seen if it were sea- worthy in all respects and well ballasted. In addition to these precautions, it was provided, in 1609, that no ship under two hundred tons burthen should be admitted to the convoyed fleet. It was customary to have every ship
THE CAS A DE CONTRATACION 55
visited three times. " The first visit was for the visitor tp^appoint how the vessel was to be fitted ; the second, to see whether all had been performed that had been ordered; and the thjrd, to clear it for sailing." ' The third visit was that already referred to as made by the president or one of the commissioners of the India House. He was accompanied by a visitor, who was to see that the ships were not overloaded, that no freight was carried on deck, that a sufficient amount of provisions had been taken on board, that the vessels car- ried the requisite amount of arms and no more, and that they had on board no unlicensed pas- sengers or wares not properly entered. At the sailing of a vessel, the business of the visitor with reference to it was ended, for on the re-, turn of the ships the visitor had nothing to do with them." In addition to these officers, there was a large number of clerks and other subordinates, who had in hand the mass of details relating to the trade between Spain and America.
Concerning_£inigratioii_to-tlie--West Indies, it was provided, in 151 1, that any subject of Spain, on properly entering his name, might be allowed to go to the Indies. But later, in 15 18, in 1522, in 1530, and in 1539, orders were passed involving restrictions, in accordance
' Veitia Linage, 98. * Ibid.^ 99.
56 SPANISH RULE IN AMERICA
'with which the bar of exclusion was raised against all persons newly converted from Juda- ism or Mohammedanism to the Catholic faith, against the children of such persons, or the children and grandchildren of persons who had worn the Saint Andrew's cross of the Inquisi- tion, and against the descendants of any person who had been burnt or condemned for heresy. Any person violating these provisions was liable to forfeiture of property, a hundred lashes, and perpetual banishment from the Indies. To prevent violations of the restrictive laws con- cerning emigration, it was provided by a royal order of 1552,
" that for the future, the judges or commissioners of the India House should not suffer any person whatsoever, though of such as were allowed, or though he had the king's letters of license, to go over to the Indies, unless they brought certificates from the places where they were born, to make appear whether they were married, or single, de- scribing their persons, setting down their age, and declaring that they were neither Jews nor Moors, nor children of such, nor persons newly reconciled, nor sons or grandsons of any that have been pun- ished, condemned, or burnt as heretics, or for heretical crimes; such certificates to be signed by the magistrates of the city, town, or place where such persons were born." '
' Veitia Linage, 108.
THE CAS A DE CONTRATACION $y
A few years later, in I5S9, the prelates in the Indies were instructed " to inquire whether there were any Jews, Moors, or heretics in those parts, and to punish them severely." And in 1566, all the sons and grandsons of heretics were excluded from offices or places of trust.
All magistrates, captains, pilots, masters, mates, or other persons, aiding in the violation of these restrictions on emigration were subject to a great variety of penalties, fines, lashes, banishment, imprisonment, and transportation to Spain, which were increased to such an ex- tent that in the beginning of the seventeenth century it was decreed that passengers who should go to the Indies without the proper leave, " should be sent to the galleys for four years, or, if they were persons of quality, to Oran for ten years." This penalty should also be imposed on masters of ships, and in addition a fine of one thousand silver ducats. In 1607, it was provided that any sea officer carrying passengers to the Indies without leave should be punished with death. But in the course of time the extreme rigor of the law was abated in favor of a pecuniary fine. Yet the severer measures continued to have supporters, since the removal of restrictions caused the countries to be overrun with peddlers, who cut off more or less of the trade of the established mer- chants.
58 SPANISH RULE IN AMERICA
The president and commissioners of the India House, without reference to the king, might grant leave to go to the Indies, to mestizos, who had been brought to Spain; to merchants, even such as were married, provided they had permission from their wives, and left a thousand ducats as a guarantee that they would return within three years; to agents of merchants in the Indies, but only for three years; and to inhabitants of the Indies, who were known to have wives there. Any other person required a license from the king.
When the question arose as to what persons should be regarded as merchants, the title was interpreted so as to include any one who had shipped goods rated for the payment of duties at seven hundred and fifty dollars or more. Married women whose husbands were living in the Indies might go to them and be accom- panied by a kinsman within the fourth degree of consanguinity; but if the husband went to Spain for his wife he was not permitted to re- turn without a license from the king. And the privilege of going to the Indies was strictly withheld from all single women.
Although the president and commissioners of the India House might permit merchants to go to the Indies without their wives for a period of three years, provided they had the wives' consent, and left the guarantee of one
THE CASA DE CONTRA TACION 59
thousand ducats, yet no other married man, not even a governor or other officer of state, was allowed to go without his wife, except under an express dispensation from the king. And without this dispensation, the wife of the highest officer as well as the wife of the ordi- nary man was required to bring the same proofs of identity that were required of the men.
How rigid was the restriction imposed on emigration may be seen from the fact that although one held a commission for employ- ment in the Indies, and even a pass from the king, he was not permitted to sail without a license from the India House. It was not, however, to be expected that all persons would bring their certificates of qualification in the exact form required by the law; and when there were deficiencies in the papers presented, such deficiencies were sometimes supplied by information gathered by the officers of the India House; and sometimes in order to avoid the great inconvenience that might be caused by delay, a pass or license was issued on the receipt of satisfactory security that certificates in due form would be subsequently forwarded from the proper sources.
The rules governing the passengers on the voyage required that they should carry their own provisions, and the masters of ships were prohibited from undertaking to furnish them
6o SPANISH RULE IN AMERICA
food. The passengers were, moreover, re- quired to swear that they would not remain at any port at which they might stop on the way to their proper destination, and that they would not carry their goods ashore before they had been examined. If on^. carried a license to reside at a specified town in the Indies, he was expected to reside there; and if one pre- tended to be going to the Indies to exercise a certain handicraft, he was obliged to follow it.' And there were rules prohibiting persons from going from one province to another without leave from the king. Similar restrictions were imposed upon persons going from the Indies to Spain. They might not leave without permis- sion " from the viceroys, presidents, or govern- ors of the places of their habitation." And the governors of seaports were prohibited from granting leave to any person residing in their jurisdiction, except on the presentation of a license from the civil officer within whose juris- diction he lived.
By an ordinance of 1560, it was provided that persons going to the Indies without license should forfeit to the crown all property acquired there, with the exception of one fifth part which should go to the informer; and they should, moreover, be arrested and sent as prisoners to Spain at their own expense. Neither they nor
* Veitia Linage, 113.
THE CASA DE CONTRATACION 6 1
their heirs might receive goods sent to them ; and in accordance with a bull issued by Alex- ander VI., they were declared to be excom- municated.
If the royal ordinances which touch on the ecclesiastical affairs of America indicate the will of the Spanish kings in this matter, the kings were moved by a strong desire to pro- mote the religious welfare of the Indians. Pre- supposing this desire, the restrictions which were placed on the emigration of friars and priests appear as means for preventing any but those of virtuous and exemplary lives from going to the Indies. These restrictions were carried out through orders to the commis- sioners of the India House not to allow the friars of any order to ^o without a license. Persons attempting to avoid this provision were seized and sent back to Spain. As early as IS 30, an order was issued to the commis- sioners of the India House, requiring them not to^permjt, foreign iriars to go ±q. the Indies, even if they had leave from their superiors. This prohibition was confirmed by later ordi- nances, under which it was required that all applications by ecclesiastics for passes should be referred to the Council of the Indies. In 1664 the privilege of entering upon missionary work in the Indies was granted to Jesuits under certain restrictions. The members of the re-
62 SPANISH RULE IN AMERICA
ligious orders who went to America under these conditions went at the king's expense; but they were obliged to restore to him the amount of his outlay in case they returned to Spain without leave. In the course of time, by rea- son of the rise of prices, the allowance which had been granted in the beginning for these expenses was found to be quite inadequate, and whatever further amount was needed by the friars was made up by the orders to which they belonged.
Friars of the orders of Carmelites who went shod were specially prohibited from going to the Indies, but this prohibition did not stand against the barefooted friars of this order. After the beginning of the seventeenth cen- tury, the prohibition was made to apply to all orders which had not already established mon- asteries in America. By an act of the council it was provided, in 1665, that no friar having returned from America to Spain would be allowed to go back, even though he had a license, unless, on his arrival in Spain, he had reported to the council the cause of his return. The long list of ordinances limiting the move- ments and general activity of the members of the religious orders indicates to what marvel- lous lengths and into what minute details Spain's restrictive system extended.
In keeping with the restrictive policy of the
THE CAS A DE CONTRATACION 63
Spaniards, all foreigners were forbidden to trade with the Indies, without a special license from the king; and, having obtained such license, they were limited to dealing in their own wares, and might not, even if naturalized, become owners or masters of ships. By for- eigners were meant all persons not born in the kingdoms of Castile, Leon, or Aragon. Later the territory, to be born in which constituted one a native in the meaning of the law, was ex- tended so as to include Navarre, Valencia, and Catalonia. The class of persons known in Spain as natives was further extended by the decree of 1562, and made to embrace such for- eigners as had been settled householders in Spain for ten years, and had married a Spanish or an Indian woman. But residence, even for more than ten years, did not confer this privi- lege on bachelors. In 1608 the line was drawn more strictly. Twenty years of residence, in- cluding ten as a householder, were required; also marriage with a native or with a daughter of a foreigner born under Spanish dominion.
In order to avoid the effect of these pro- visions, foreigners who were
" not capacitated to trade, contrary to the known laws, sold their commodities to subjects and natives of these kingdoms, to be paid for them in the In- dies, by which means the gold and plate, brought
64 SPANISH PULE IN AMERICA
from those parts, was carried to other countries, and that very often, before it came into Spain." '
This practice led to the passage of special ordi- nances prohibiting it. These were confirmed at different times, and death and forfeiture of goods fixed as penalties for their violation. An attempt was, moreover, made to prevent for- eigners from trading in the Indies by ordering that persons residing there should not purchase commodities of foreigners, on pain of forfeiting half their property and of being returned to Spain as prisoners. By a later law, foreigners were forbidden to reside in the Indies, and those already there were expelled ; yet in the course of time the harshness of this law of ex- pulsion was toned down by lax execution. In spite of the severe measures taken against for- eigners attempting to trade with the Indies, or to reside there, it was decreed that foreigners residing in Seville and at adjacent ports, al- though they might not engage in the India trade, should nevertheless be obliged to con- tribute to the fitting out of armadas and fleets, and to all other expenses borne by the Spaniards.
The intimate relation between the king and his American dominions necessitated a regular organized system of postal communication.
' Veitia Linage, 127.
THE CAS A DE CONTRATACION 65
As early as 15 14, by a royal warrant, Dr. Galindez de Carvajal was made postmaster of the Indies, and by a subsequent order of the Council of the Indies, issued in 1524, all per- sons were restrained from interfering with him in the dispatch of messages concerning the affairs of the Indies. The lines of this service covered the distance between Seville and the other ports, and Madrid, as well as the distances between Spain and America. The postmaster of the Indies was an officer of the India House. His duties were ** to receive all dispatches sent by the president, commissioners, or other offi- cers, or by the prior and consuls, and other persons trading to the Indies. " He provided means for sending messages to the court and to the various ports, by keeping post-horses at certain stations. The service was rendered by persons appointed by the postmaster, who were prohibited from making any charges above the rates fixed by law. The customary speed at which messages were transmitted under this system was thirty leagues a day. Rigorous laws enjoined all persons from intercepting and opening letters and packets. Of^the amount paid for this service the postmaster was allowed one tenth part.
The laws and ordinances contain abundant details concerning the organization and control of the royal navy and fleets of merchant ships
(^ SPANISH RULE IN AMERICA
engaged in furthering the India trade. The admiral, or captain-general, held the chief com- mand, and while on the sea was clothed with power which was essentially absolute; yet he was under oath " that he would not avoid death in defense of the faith, of his master's honor and right, and of the public good of the king- dom." The admirals and vice-admirals, before beginning to exercise the functions of their offices, were obliged to present their commis- sions and instructions to the officers of the India House, and to furnish the required se- curity that they would faithfully perform the duties of their offices, or meet whatsoever fines might be imposed upon them. The amount of the security demanded varied according to the dignity of the office, ranging from three hun- dred ducats, in the case of the physician, to five thousand ducats, in the case of the admiral. After having crossed the bar of San Lucar, the admiral's vessel took the lead, the other vessels followed, the ship of the vice-admiral held her position in the rear, and the other men-of-war kept to the windward of the mer- chant vessels. If any ship strayed from the fleet, a fine was imposed upon certain of her officers, and they were excluded for a series of years from making this voyage ; but if a ship was wilfully taken from the fleet, the guilty officers suffered death and forfeiture of prop-
THE CASA DE CONTKATACION
67
erty. After putting to sea, the admiral or vice-admiral examined all the ships. If goods were found that had not been properly entered they were confiscated ; and if passengers were found without a license they were set on shore at the Canaries and sent back to the prison of the India House.
CHAPTER IV
THE AUDIENCIA AND VICEROY ILLUSTRATED BY MEXICAN AFFAIRS
DURING the process of exploration and settlement, authority in America rested in the hands of leaders of expeditions and colonies, who usually bore the title of adelan- tado.^ This was the title formerly applied in Spain to the military and political governor of a frontier province. Standing face to face with the Moors, he held the general military com- mand of the province, and had power to gather the people under his standard. In his capacity as a civil officer, he took cognizance of such civil and criminal cases as arose within the limits of his territory." When Spain found
* Santamaria de Paredes, in Derecho Politico, p. 487, has described the adelantados a.^ "governors of great territories^ with a character chiefly military." The military officers under the adelantado were maestro de campo, sargent mayor, and alferez real ; see Makenna, Historia de Santiago, i., 37.
2 Escriche, 89.
68
THE AUDIENCIA AND VICEROY 69
herself extending her Christian dominion over regions that had been held by the American infidels, it was natural for her to apply to the leaders in this undertaking the title which the champions of Christian Spain had borne during the long contest with the Mohammedans. This title was borne by Columbus and by most, if not all, of those who founded colonies in districts not hitherto occupied by Spanish authority.
In the course of colonial growth, the adelan- tado was superseded by a collegiate power known as the au^iencia. In Spain, this body was a superior tribunal of one or more prov- inces, composed of officers learned in the law, who represented the king in the administration of justice.' But in America the audiencia wielded governmental power in all depart- ments. To it were confided in the beginning, and later in the absence of the viceroy, all mat- ters with which governmental authority might properly deal. It was held to be the principal care of the Supreme Council of the Indies to give the Indians spiritual and temporal in- struction, yet on account of the inconvenience of distance this charge was committed to the audiencias." The audiencia exercised not only judLdal-and political functions, but in the ab- sence of any superior officer it was also the
' Escriche, 304. * Politica Indiana, 395.
70 SPANISH RULE IN AMERICA
chi£f_authontyJr^^^ In judicial
matters, even in the presence of the viceroy as president, the audiencia exercised a large nTeasure of independence. In such cases the viceroy had no vote, and the administration of justice was left to the judges, or ordinary mem- bers of the audiencia. The viceroy, however, signed the decisions with the judges, in accord- ance with the praclice of the presidents of the audiencias of Spain. ^
The most impprtant audiencias in America were those of San Domingo, Mexico, Guadala- jara, Guatemala, Panama, Santa F^ de Bogotd, San Francisco del Quito, Lima, La Plata, Caracas, Buenos Aires, and Santiago de Chile. In 1555 the jurisdiction of the audiencia of Lima extended over the whole of South Amer- ica ; but later several audiencias were established within the limits of the authority of the viceroy of Peru ; as in New Spain the audiencias of Guatemala, Mexico, and Guadalajara were under the general dominion of the viceroy of Mexico. The Philippine Islands were gov- erned for a time by a special audiencia, but about 1590 they were made dependent on the
^ Recopilacion de Leyes de Indias, lib. ii., tit. xv., Ley 32. Robertson, vol. i., 352, says: "The viceroys have been prohibited, in the most explicit terms, by repeated laws, from interfering in the judicial proceedings of the courts of audi- ence, or from delivering an opinion, or giving a voice, with respect to any point litigated before them."
THE AUDI EN CI A AND VICEROY 7 1
viceroy and audiencia of Mexico, and were im- mediately subject to a governor. In accordance with a royal decree of 1593, New Spain was the only part of Spanish America that might send vessels to, or receive goods from, these islands. Yet the connection between these two regions subject to a common authority was not inti- mate ; the voyage from Acapulco and the re- turn lasted thirteen or fourteen months, and one vessel a year sufficed for this trade.
The great power of the audiencia in judicial matters may be seen in the fact that there was no appeal from its decisions, except in civil suits of more than ten thousand pesos de oro, in which there was an appeal to the king.* It was the highest judicial authority in America. It appears to have been formed on the model of the ancient supreme court of Spain ; at the same time it was for its special district what the Council of the Indies was for the whole of Spanish America. Matters of grace, appoint- ments to office, and encomiendas belonged to the governors or viceroys as presidents of the audiencias. In case of a grievance arising on account of a decision of the viceroy or presi- dent in matters of government, an appeal might be taken to the audiencia, in accordance with the laws and ordinances, and the viceroys and presidents could not prevent such an ap- ' Markham, HistozxJlIPeru^ 120.
72 SPANISH RULE IN AMERICA
peal.* That in some respects the powers of the viceroy and the audiencia were co-ordinate may- be seen in the fact that each without informing the other might correspond directly with the king. When there were several audiencias within the limits of the viceroy's jurisdiction, the presidents and judges of the subordinate audiencias were required to keep the viceroy informed of the affairs of their several dis- tricts; and these subordinate audiencias were required to take account of, and carry out, the decrees concerning military and political affairs which the viceroys might send to them." In the language of a specific law, " the president and judges of the royal audiencia of Guadalajara, in New Galicia, shall obey the viceroy in everything, and hold with him the good relation which is befitting one who represents the king. "^ In case the position of viceroy or governor was vacant, the audi- encia, whose president was thus wanting, might grant Indians in encomienda ; and it was spe- cially provided that while the office of viceroy of Peru was vacant, the audiencia of Lima should assume the control of governmental affairs not only in Peru but also in Charcas, Quito, and Tierra Firme, exercising all those
' Recop., ii., tit. xv., Ley 35. * Ibid. , Ley 49. ^ Ibid., Ley 52.
THE AUDIENCIA AND VICEROY 73
powers which under other conditions belonged to the viceroy ; and during this time the audi- encias of Charcas, Quito, and Tierra Firme were required to obey and subordinate them- selves to the audiencia of Lima. This order of things belonged, of course, to the period before the establishment of the viceroy of New Granada. Similar powers devolved upon the audiencia of Mexico, whenever the post of vice- roy became vacant. The president and judges of the audiencia of Guadalajara were required to recognize and obey the superior authority of the viceroy of Mexico, and the same attitude of sub- ordination was required of the governors of Yucatan and New Biscay, and of other royal offi- cials within the limits of the jurisdiction of the viceroy of Mexico. Whenever, on account of the \ absence of the viceroy, the audiencia assumed the direction of governmental affairs, the oldest judge was made president, and empowered to perform all the functions belonging to that office. Among the powers of the president of the audiencia was embraced that of appointing judges to fill irregular vacancies.
In their j^icialjcapacity the audiencias of Lima and Mexico were not employed as courts of first instance, but under certain conditions they might hear both civil and criminal cases. Decisions rendered by the audiencias were de- termined by the vote of the majority, and they
74 SPANISH RULE IN AMERICA
were then signed by all the judges, although some of them might have held dissenting opin- ions. In addition to its judicial and executive functions, the audiencia was expected to keep elaborate records of decrees concerning the Indies, of judgments pronounced, and of the movements of persons within the limits of migration permitted by law.
The first royal audiencia regularly established in America was that of San Domingo. For a short time this was the chief Spanish authority in the Indies. It was composed of a president, who might act as governor and captain-general, four judges, a fiscal, an alguacil mayor, a deputy of the grand chancellor, and such other officers as were found to be necessary. Among the audiencias established in America, there was no prescribed uniformity in the number of mem- bers. In the course of time the number of members in the several audiencias was changed, in view of the increasing population, and in obedience to the demands for a more efficient government. They varied also according to the importance of the country of residence, ranging from four members upwards. The audiencia of Mexico was composed at one time of four judges, at another time of ten. That of New Galicia was composed of a regent and four judges. The audiencia of Mexico had three fiscals, that of New Galicia one. The
THE AUDIENCIA AND VICEROY 75
former was organized in such a way that two sections dealt with civil affairs, and another with criminal affairs. In ordinary cases the oidores, or judges, of the audiencia formed the decisions, but in cases of great import other judges were called to sit with them.
OrigjnaUy all the islands of the West Indies and the neighboring portions of the mainland were under the jurisdiction of the audiencia of San Domingo. But after the establishment of the audiencia of Mexico, this latter body embraced within its jurisdiction the provinces of New Spain, Yucatan, Tabasco, Nuevo Leon, and Tamaulipas, on the Atlantic coast ; on the Pacific coast it extended to the limits of the jurisdiction of the audiencia of Guatemala, on the south, while on the north it extended to the territory of New Galicia. The audiencia of New Galicia embraced within its jurisdiction the provinces of Guadalajara, or Jalisco, Za- catecas, and the region west of these provinces, together with Coahuila and Texas.*
The audiencia of San Domingo had been in- fluential in extending the conquest to the con- tinent. From San Domingo had proceeded the conquest and settlement of Cuba; and from Cuba had proceeded the expedition led by Cortes for the conquest of Mexico. Diego Velazquez was the governor of Cuba, and the
' Alaman, Historia de Mejico, i. , 49,
'je SPANISH RULE IN AMERICA
expedition was organized under his authority, and in part at his personal expense. Cortes received his appointment from him, but very- early determined to act on his own account. Velazquez suspected this determination on the part of Cortes before the expedition set sail, but too late to repair the mistake of having ap- pointed an insubordinate leader of an expedi- tion on which he had spent a large part of his own fortune. The breach between Cortes and Velazquez was never healed, and all the efforts of the governor to regain his lost advantage only resulted in his impoverishment and ruin. Cortes, on his side, bent his energies to getting his undertaking recognized by some other power than the governor of Cuba. Therefore soon after his landing on the coast of Mexico he caused to be organized the municipality of Vera Cruz. It was established on his initiative, and the officers were nominated by him. This was the first political organization effected by Europeans on the soil of Mexico. The two alcaldes were Puertocarrero and Montejo, the latter an adherent of Velazquez, and the former a member of the Cortes faction. In view of the limitations placed upon the expedition by the audiencia of San Domingo, Cortes's right under Spanish law to found a city is question- able. But a municipal organization was, never- theless, formed, and, whether revolutionary in
THE AUDIENCIA AND VICEROY J "J
its origin or not, its powers were at least recog- nized by the leader of the expedition. Into the hands of this body Cortes surrendered his authority and retired; but the next morning he was informed that he had been elected cap- tain-general and justicia-mayor of the muni- cipality. If Cortes designed this manoeuvre to place behind him for his support some other power than the governor of Cuba, it was in a measure successful, although the adherents of Velazquez denounced the whole proceeding as a conspiracy. At certain periods when warfare was the conspicuous feature of Spain's activity, the military leader of a Spanish municipality had held a position of recognized dignity and power, and it is possible that Cortes aimed at this advantage.
Before Cortes received any commission di- rectly from Spain, he was authorized, in 1522, by the audiencia of San Domingo " to conquer the whole of New Spain, to brand slaves in ac- cordance with prescribed rules, and to distribute enconiiendas.'' Although this authorization was provisional, it nevertheless came from the supreme representative of the Spanish crown in America, and gave a character of legality to the efforts of Cortes to extend the dominions of Spain. In October, 1522, the authority which had come to him provisionally from the audiencia of San Domingo was confirmed by a
78 SPANISH RULE IN AMERICA
commission issued by the emperor. This com- rQission bestowed upon the conqueror of Mex- ico the titles of royal judge, governor, justice, and captain-general, and was accompanied by an expression of the emperor's appreciation of the services which Cortes had hitherto rendered. There is little doubt that Cortes fancied that, having taken possession of Mexico, he would be allowed to proceed according to his own will without much interference from the Span- ish crown, and that it would be possible for him, supported by the Indians, to maintain in- dependent authority.
" He wrote a letter to the Spanish crown, the language of which is little known, in which, while he insisted in the plainest manner upon his services and personal devotion, he in the most courtly terms denied allegiance, and declined any interfer- ence of the royal officers in the administration of the new colony." *
The Spanish crown had sent four officers to Mexico to take charge of the royal interests. These were the treasurer, Alonso de Estrada; the accountant and paymaster, Rodrigo de Al- bornoz; the factor, Gonzalo de Salazar; and the inspector, Peral Mendez Chirinos.
His conquests in Mexico completed, Cortes
'Bandelier, The Gilded Man, 115.
THE AUDIENCIA AND VICEROY 79
directed his attention to establishing means of protection^ and his fundarrientaJLidea. appears, to have been originally derived from European feudalism. Every settler possessed of reparti- mientos of less than five hundred Indians was required to provide himself, within six months from the date of the ordinance, with a lance, a sword, and a dagger, a helmet, two pikes, and either Spanish or native defensive armor. Holders of repartimientos with from five hun- dred to one thousand Indians were required to possess, in addition to these implements of war, one horse fully equipped ; while those with repartimientos with more than one thou- sand Indians were required to maintain a still larger equipment. These vassals of the govern- or were obliged to keep themselves in readiness to answer a summons at any time, and the municipalities were authorized to call them from time to time for a review, and to exact penalties in case of their non-compliance.
The municipality of Mexico, like that of Vera Cruz, was created through the appoint- ment by Cortes of municipal officers, among whom Pedro de Alvarado was given the place of the leading alcalde. In 1 522_thiaxity^. had— . become so conspicuous that the king was moved to grant it a coat-of-arms. Seven years later its pre-eminence in New Spain was officially recognized, and in 1548 it was entitled the
80 SPANISH RULE IN AMERICA
** very noble, great, and very loyal city;." This method of constituting a municipality was, however, not always followed even in these years, for the municipal organization that was finally removed to Oajaca was constituted through an election by the settlers. Not long after the municipality of Mexico was established by Cortes, the appointing power of the govern- or was limited, and he was required to act in this matter jointly with two other royal officials, and to appoint each officer from a list of three which had been nominated by the people. The number of regidores, or members of the town council, was, moreover, increased from four to six, and some of them were appointed by the king for life.
The troubles in New Spain arising out of the clashing interests of jealous parties and the in- efficiency of the audiencia of San Domingo in dealing with distant affairs, led to the estab- lishment of an audiencia at Mexico. It was deemed prudent to curtail the conqueror's power, and it was believed that no single min- ister would be able to do it. There was clearly needed, moreover, some force to put an end to local quarrels, and to give to all persons, par- ticularly to the Indians, the protection of an authoritative government. On the 13th of December, 1527, the audiencia was created by the appointment of four oidores, or judges.
THE AUDI EN CI A AND VICEROY 8 1
These were Francisco Maldonado, Alonso de Parada, Diego Delgadillo, and Juan Ortiz de Matienzo.' Although ordered to embark im- mediately, they did not sail from Spain until July, 1528. As was customary later, in the case of the passage of the viceroy from Spain to America, the vessels which conveyed them were placed under their command. In view of the fact that there was no suitable public build- ing in Mexico in which they might be accom- modated, the emperor requested Cortes to receive them in his palace, and gave orders that they should be obeyed throughout the conquered region. At the time of their ap- pointment, the conduct of Cortes was under investigation before the emperor, and after some delay Nufio de Guzman, governor of Panuco, was appointed president of the audi- encia, to hold ofifice till the termination of Cortes's trial. Guzman arrived in Mexico in December, 1528.
Of the three^jidiendas \vi_thin jthejb^^ diction of the Mexican viceroy, that of Guate- mala was next in importance to that which had its seat in the City of Mexico. The territory subject to its authority lay between that under the audiencia of Mexico and the northwestern limit of the lands under the government of Santa F^ de Bogotd. The conquest of this
1 See Icazbalceta, Don Fray Juan de Zumdrraga, 18.
82 SPANISH RULE IN AMERICA
region had been undertaken from many sides and at different times. Perhaps the most im- portant expedition which had undertaken the exploration and settlement of the country was that under Alvarado, sent by Cortes from Mexico in 1524. Alvarado entered from the northwest, and at first made himself master of the district of Soconusco, which lies between the Pacific and the mountains, at the extreme northwestern part of the country.
The capital city was founded in July, 1524, at a point which the subsequent eruptions of the volcano rendered untenable. Alvarado, as governor and captain-general of the conquered district, appointed the officers of the municipal government. Diego de Roxas and Balthasar de Mendoza were made alcaldes ; Pedro Puerto- carrero, Herman Carillo, Juan Perez Dardon, and Domingo Zubiarreta, regidores, and Gon- zalo de Alvarado, chief alguacil. The first meeting was held on the 27th of July, when Diego Diaz was appointed receiver-general. The organization was known as a city from the beginning, for it was recorded by the secretary that on the 29th of July, " the alcaldes and regidores of this city of St. lago took their seats in council. " At another meeting, on the 1 2th of August, the office of sacristan was conferred upon Juan de Reynosa, and ninety- seven persons were registered as citizens. Thus
THE AUDIENCIA AND VICEROY 83
was organized the city of Santiago de los Ca- balleros de Guatemala.
Alvarado remained the governor and captain-^ general of Guatemala till his death in 1 541.1 During the first four years he acted under the authority of a commission from Cortes ; after- wards his authority was derived directly from the emperor. Probably no other region of Spanish America presented such a confusion of titles and authorities as that which was under the general dominion of the audiencia of Guatemala. Its several parts were immediately controlled by a great variety of ofificers, but between their several territories and jurisdic- tions the boundary lines were only partially and imperfectly drawn.
Among the lower local officers, the governors held the first position. They were the head^s of provincegr- In each city which was the capi- tal of a province, the government was organized under a corregidor. Other sub^ivisiQOS-of the province were called partidos, and were gov- erned by alcaldes mayor es.^ These ofificers were magistrates, who, under the inspection of the viceroy and the tribunals, exercised police, military, and judicial functions; in a word, they found themselves charged with whatever might contribute to order and the public tran- quillity. They were forbidden by law to en-
' Mora, i.^74.
84 SPANISH RULE IN AMERICA
gage in trade, yet from the beginning they violated the law openly and without hindrance/ Other officers_gf_the cities were the alcaldes, regidores, and sindicos, who composed the ayuntaniientoSy or town councils. The alcal- des and the regidores, except in cases where a part of the regidores were appointed for life, were elected annually by the citizens of the town. In the course of time some of the officers of the municipality became not only entitled to hold their positions for life, but they might also transmit them to others by in- heritance or sale. Every town which had an ayuntamieiito was called a villa^ or a ciudady and the difference between these was indicated by the number of the alcaldes and regidores, less in the villa and greater in the ciiidad.'^
The unsatisfactory state of the early public administration of Mexico, under the audiencia, persuaded the king of Spain to subject the country immediately to a kingly rule, and to place a viceroy in direct control of affairs. It seemed to be necessary to make the headship of the government of such dignity that it might not be attained by an adventurer. The vice- royalty having been established, it became customary to appoint the viceroy from among the distinguished nobles of the Spanish court. They were thus supposed to be placed above
^ Mora, i., 201. ^ Ibid., 175.
THE A U DIE NCI A AND VICEROY 85
the avarice and low ambition which had marked the career of the officers of the first audiencia. But before this plan was carried out, it became necessary to send a new audiencia organized like the first; and whatever hopes were enter- tained of better results were based on the care taken in the selection of the members. The four oidores, or judges, nominated by the president of the audiencia of Valladolid, were Juan de Salmeron, Alonso Maldonado, Fran- cisco Ceynos, and Vasco de Quiroga. The presidency of the new audiencia was conferred upon the bishop, Fuenleal, who at the time of his appointment was president of the audiencia of San Domingo.
The instructions of the oidores were dated July 12, 1530, and provided that in the absence of the president the senior oidor should preside ; the audiencia should protect the natives; it should dispatch all unfinished business pending before the first audiencia; it should proclaim the residencia of the officers supplanted, send- ing the papers to Spain ; it should restore to Cortes his estates, and maintain friendly rela- tions with him. In case President Guzman were found not guilty by the residencia, he should return to Panuco. The members of the new audiencia took their seats on the 12th of January, 1531, but the president did not arrive from San Domingo till the following Septem-
86 SPANISH RULE IN AMERICA
ber. It was found later that the work which devolved upon the audiencia was so great, that, in order to facilitate its execution, the president appointed two additional oidores for a term of two years.
Soon after sending the second audiencia to New Spain, the emperor carried out the sug- gestion to make that country a viceroyalty. Antonio de Mendoza was appointed viceroy. His commission was dated at Barcelona, April I7> ^535- -^^ w^s granted a salary of six thousand ducats, three thousand as viceroy, and three thousand as president of the audi- encia. There was also granted the sum of two thousand ducats for the expenses of his body- guard. In 1614, the salary of the viceroy of Mexico was fixed at twenty thousand ducats. / The viceroys, presidents, judges, and other royal officers in Spanish America were hedged about with numerous restrictions. They might not hold more than one office; they might not marry or contract for marriage within the dis- tricts of their authority; and their sons and daughters were under the same restriction. They were prohibited from engaging in any form of commercial enterprise. They might not leave their districts without a special license from the king or the Council of the Indies; and they might not hold more than four slaves apiece. In the affairs of the government, the
THE AUDIENCIA AND VICEROY 8/
viceroy was expected to seek the advice of the audiencia, but that body had..ji£L-power to de- termine. his»-decision, yet in judicial matters the oidores were supreme, and the viceroy had no vote. He might, however, exercise the functions of captain-general.
The viceroy, who in the person of Mendoza now appears for the first time in Spanish America, represented the person of the king of^Spain. He stood at the head of the vice- regal government, exercised his vast govern- mental powers with justice equally to all his subjects and vassals, and urged such measures as conduced to their peace and elevation. On assuming his duties, his first care, as indicated by the law, was to provide for the service of God and the preaching of the Christian faith for the benefit of the natives and the inhabit- ants of the provinces. He was charged to govern and defend his kingdom, to reward ser- vices rendered in the exploration, pacification, and population of the Indies; to collect and remit funds due the royal treasury; and to do everything which it would^^jevolve upon the king to do were he governing in person, except in cases of special prohibition. All other offi- cers and subjects, ecclesiastical and secular, were ordered to respect and obey him as the representative of the king. He^jwas^^^sident of the royal audiencia, was captain-general of
88 SPANISH RULE IN AMERICA
the provinces within his dominiofts, and in the exercise of his powers maintained the state and dignity of royalty. His court was " formed upon the model of that at Madrid, with horse- and foot-guards, a household regularly estab- lished, numerous attendants, and ensigns of command, displaying such magnificence, as hardly retains the appearance of delegated authority." '
Even before the newly appointed viceroy had reached the Indies he was treated with distinction. On arriving at Seville, he was lodged in the Alcazar, and, accompanied by his family and guard, was transported to America without charge. On the voyage, the viceroy was general of the armada, or fleet, from the time of his departure from the port of San Lucar till his arrival at Porto Bello or Vera Cruz. In order to avoid the temptations to depart from a wise and impartial administra- tion, the viceroy was enjoined from taking with him his married sons or daughters, his sons-in-law and his daughters-in-law. He was ordered, on the outward voyage, in passing the cities of Porto Bello and Cartagena to in- spect the public works, the artillery, the muni- tions, and the men-of-war, and to send to the king a detailed account of their condition and needs. Whenever the viceroy of Mexico was
' Robertson, i., 351.
THE AUDIENCIA AND VICEROY 89
promoted to the viceroyalty of Peru, he was at liberty to take with him his furniture and wardrobe, and all his servants, slaves, and other persons in his employment, without pay- ing duty, but he was obliged to pay the accus- tomed costs of transportation. While making the voyage from Mexico to Peru he was re- garded by the generals, admirals, captains, masters, and owners of vessels as their supe- rior, and they were required to obey and salute him, when not impeded by the peculiar circum- stances of the voyage. When the viceroy en- tered the capital of Mexico or Peru for the first time, those engaged in the industries and trade might not be required to go out to receive him ; nor should the towns and villages through which he passed be required to pay the expenses of his journey.
At the beginning of his term of service the viceroy obtained information as to the condition of affairs in his dominions through conferences with his predecessor, from whom also he re- ceived the papers belonging to the office. His duties in punishing crime were not limited to ^acts committed during his term of office, but[ extended to crimes committed under his pred- ecessors. He exercised also the power of pardoning within his dominions under essen- tially the same condition as the king in Spain. H e kept a record of the distribution of the In-
90 SPANISH RULE IN AMERICA
dians, and acted as a judge of first instance in cases in which they were involved ; and in these cases an appeal lay to the audiencia. He had, moreover, the power to place the Indians in positions of feudal dependence, as provided by the laws relating to e^icomiendas, in case they were not already in this position at the time he assumed the duties of his office. The viceroy of Peru might be attended by a captain and fifty soldiers, and each soldier should re- ceive a salary of three hundred dollars, and the captain six hundred dollars. The viceroy of Mexico might be attended by a captain and twenty soldiers. The term of the viceroy's service was fixed at three years, counted from the day of his arrival in the City of Mexico or Lima; but he might hold his position for a longer or a shorter time, according to the will of the king. In Peru he received a salary of thirty thousand ducats, in Mexico twenty thou- sand ; and these amounts were reckoned from the day on which he assumed his duties till the arrival of his successor, it being provided that there should not be paid at any time two salaries for the same post. For the journeys from and to Spain six months each were allowed, and both voyages were made at the public expense.
Mendoza arrived in Mexico in 1535. He was made president of the audiencia and acting
THE AUDI EN CI A AND VICEROY 9 1
captain-general. His authority extended to all affairs of government ; but at the same time his position furnished no exception to the rule under which nearly all the ofHces of Spanish America were ordered, namely, that every ofifice in the administration should be checked in the exercise of its functions by some other ofifice. The viceroy might be checked by the audiencia, ' and both might correspond directly with the Council of the Indies. " But any beneficial effect which this might have had in protecting the people, was counteracted by the inordinate power of the viceroys, and their consequent means of influencing the audiencia, and every other subordinate authority, civil, military, judicial, or ecclesiastical." The viceroy's power was, however, in certain respects limited. He could not create offices and increase salaries without the especial authority of the king. He could not extend the term of an office be- yond the point fixed by law; and if any person should hold office under such pretended exten- sion, for his services during such time he should receive no pay.
On his arrival at the capital Mendoza was re- ceived with marked distinction by the public authorities; but on this first occasion of the reception of a viceroy the ceremony was much simpler than it became later. In the course of time the whole journey of the viceroy from
92 SPANISH PULE IN AMERICA
Vera Cruz to Mexico assumed the character of a triumphal march. Arches were erected along the way, and the inhabitants of the towns through which he passed came out in holiday attire to do him honor. His entrance to the capital was made the occasion of displaying all the magnificence which the city could lavish on a high state ceremony. The expenses attend- ing this display became at length so great that the king issued a decree limiting to eight thou- sand dollars the sum that might be expended for this purpose on any single occasion.*
The most important political event in Men- doza's reign of fifteen years was the publication of the " New Laws." These laws proceeded from the Council of the Indies, under the sanc- tion of the emperor, and were designed to bring about new relations between the Indians and the Spanish settlers. Under the system of re- partimientos or encorniendas ^ the Indians had been the serfs or slaves of the Spaniards. At I first, while Columbus was governor in the In- 1 dies, lar^is-jiL^re apportioned to Spaniards, with authority to require them to be cultivated by a certain specified cacique and his people. Later, under Governor Ovando, of San Do-
' In A Voya^£to South America^ ii., 46-52, by Don George Juan and Don Antonio ae~Ulloa, the ceremonies attending the public entrance of the viceroy at Lima are described at length.
THE AUDIENCIA AND VICEROY 93
mingo, an encomienda of a rertain number of Indian_s_was granted, and the grant of Indians was not always accompanied by a grant of land. The encomienda has been defined as
" a right, conceded by royal bounty to well-de- serving persons in the Indies, to receive and enjoy for themselves the tributes of the Indians who should be assigned to them, with a charge of pro- viding for the good of those Indians in spiritual and temporal matters, and of inhabiting and de- fending the provinces where these encomiendas should be granted to them."
The clause in the terms of the grant requiring that the Indians should be taught " the things of our holy Catholic faith " was from the first treated as a mere formality, and had little or no influence in determining conduct. The change in the character of the grants, from those made under Columbus to those made under Ovando, was a_ghange from serfdom tr> slavery. When pressed by suitors for royal favors, Ferdinand, having little else to give, gave Indians; and some of the recipients of these gifts intended to go to the Indies, while others intended, as absentee proprietors, to farm out their Indians.
On February 22, 15 12, the king issued from Burgos an ordinance providing that no one, of whatever station, in the Indies should hold
94 SPANISH RULE IN AMERICA
mQj:£'-tteixJln;ee_him^^ the
laws providing for their distribution among the settlers. If any one had more than this number, the excess should be taken away and distributed among the neighboring residents; and if, at the expiration of thirty days after the publication of this ordinance in the island of Espafiola, any one were found to have more than the prescribed number, he should be de- prived of all he had, and in the future would be incapable of holding others. In such a case the person making the accusation would be entitled to one third of the Indians, and of the other two thirds, the judge rendering the de- cision should receive the fifth part, while the other four fifths should be distributed among the neighboring settlers.*
The laws promulgated in December, \^\2, relating;_jt.Q--th-e— system of encomietidas, and known as the laws of Burgos, provided that the Indians should be fiTsFbrought among the Spaniards; that all gentle means should be used towards the caciques, to persuade them to come willingly. ** Then for every fifty Indians four large huts, fifteen by thirty feet, should be made by their masters." A certain amount of land for growing yuca, yams, and pepper, and a certain number of fowls, should be set aside for the support of each fifty Indians. A chapel
' Documentos in/ditos del Archivo de Indias, i., 239.
THE AUDI EN CI A AND VICEROY 95
should be constructed where prayers might be said both morning and evening. When the-, holders of encomiendas were engaged in mining, ! the Indians were required to work five months at a time in the mines, with forty days inter- ' vening between the two periods, during which they might till the land on their own account. Each year a small amount of money was given to the Indian, with which he might purchase clothes. In each settlement, there_were_ two visitors jor inspectors, but inasmuch as they might have encomiendas, they could not be expected to judge the system impartially. The caciques were permitted to have only six In- dians in their service, and the cacique and his servants were to be allotted to the Spaniard holding the largest number of Indians of the same tribe.^
Whatever may have been the wishes of the crown as to the spread of this system, it became clear very early that the great advantage of it for the conquerors or colonists made inevitable its extension from the islands, where it origin- ated, to the conquered lands of the continent. Nevertheless the crown, by an order dated July 26, 1523, undertook to forbid the grant- ing of repartimientos in Mexico, and to revoke those already granted; but the political and economic interests of Cortes and his followers
* Watson, i., 73, 74.
g6 SPANISH RULE IN AMERICA
constituted an obstruction which could not readily be removed. In view of the remon- strances, and on the advice of the Council of the Indies, the order of prohibition was with- drawn. The practice was therefore continued, and the natives, under the unaccustomed toil to which they were driven, continued to dimin- ish in numbers. The laws provided by the crown and the Council of the Indies contained abundant provisions apparently designed to promote the material and spiritual well-being of the Indians, but under the conditions of communication then existing between Spain and Mexico, the actual practice in Mexico was determined rather by the wishes of the local authorities than by the will of the king of Spain.
The systQva _oi repartimientos was also ex-, tended to South America. It was carried out there for the first time by Pizarro in connection with the founding of the town of San Miguel, in 1532; but at this time conditionally
" that the new inhabitants might be maintained, and the Indians instructed in the faith, conforma- bly to the orders of his majesty, until it should be decided what was most suitable for the service of God and of the king, and most advantageous to the natives."
The next year Charles V. authorized the grant-
THE AUDI EN CIA AND VICEROY 97
ing of enco7niendas in Peru, and by the Law of Succession of 1536, they were granted for two lives. It was provided also that one who lived in another province might hold Indians in this relation, by appointing an agent who should reside in the province with the Indians concerned.
While these measures were being adopted, 1 the Spanish authorities appear not to have been definitely persuaded of the desirability of \ the system. Under this condition of affairs, Las Casas's power in the advocacy of the libera- tTon of the Indians became especially manifest. Before the council at Valladolid he announced the proposition that the Indians were by nature free ; that, under the crown, they were entitled to its protection; and that they ** should be immediately declared free, without exception, and forever." The argument that their labor was necessary to the cultivation of the soil and the development of the mines was swept away as of little weight, since it had not been shown that the mines must be developed or the land cultivated, if these things could be done only by the commission of a great wrong. '•
Las Casas had been a conspicuous figure in Spain during the preceding two reigns, and Charles V. had grown from boyhood with a full appreciation of his strojoi^ anxLdisiat^rested
' Herrera, Dec. vii., Lib. vi., Chap. v.
98 SPANISH RULE IN AMERICA
character. He had been in the Indies, and had, probably, a more thorough knowledge of the --public affairs of America than any other m^n in Spain. His experience in laboring for the conversion of the natives, and in peaceably establishing his dominion over them, enabled him to speak as one having authority. He had held an estate with Indian serfs or slaves, and had liberated them in obedience to his conviction of the injustice of the relation. His preaching in favor of liberation was followed by his celebrated book, The.r)estriu:tion of tJie Indies J and by the Twenty Reasons why the Indians should not be given to the Spaniards in encomiendaj or vassalage, or made subject to individuals in any other manner. In 1539, Las Casas was in Spain, and his great influence was directed to urging the adoption of a law that would release the Indians from bondage and ameliorate their condition. The advocates of this reform were not stimulated by hopes of any material advantage for themselves, but their opponents were moved to resistance by the prospects of the loss of wealth and power. Without being able to command the services of the Indians, they feared the loss of their rev- enues and a decline in the value of their lands. Although they might have set up claims for vested interests destroyed, yet there was no possibility of recovering an indemnity from
THE AUDI EN CIA AND VICEROY 99
any source. The material interests of Spain herself had already begun to decline, and exten-. sive borrowing to meet emergencies had now become a feature of national policy. The holders of land in America had, therefore, grounds for supposing they would be called to face more or less complete ruin in case the pro- posed laws were passed and executed. In view of the difficulties of the situation the emperor's advisers were not of one mind. The laws, however, as they were finally issued by the Council of the Indies, were entirely in harmony with the wishes of Las Casas and the other advocates of the liberation of the Indians. They provided, among other things, that after! the death of the conquerors, the repartimientos \ of Indians, given to them in encomienda, were not to pass to their heirs, but were to be placed under the king; also that all officers of the crown were to renounce their repartimientos at once. They provided, moreover, that personal service of the natives was to be entirely abol- ished, and that the only right to be retained by the encomenderos was the right to a moder- \ ate tribute.
Don Tello de Sandoval, a member of the Council of the Indies, was appointed to carry the " New Laws " to Mexico. By his instruc- tions he was empowered to take the residenci^ of all the royal officers, including the viceroy
lOO SPANISH RULE IN AMERICA
and the members of the audiencia; to exercise the functions of a judge; to enjoy the rights and prerogatives of an inquisitor; to extend or restrict bishoprics ; to convene the bishops of New Spain for the purpose of providing for the spiritual welfare of the people; to improve the colleges, hospitals, and churches, and to further the establishment of new ones; and to have in hand all matters of importance to either the crown or the inhabitants. Knowledge of the formation and character of the " New Laws " reached Mexico before the commissioner, and the Spanish settlers saw themselves threatened with the immediate loss of the results of all their toil and adventure. As feudal lords over the Indians who had been allotted to them, and as vassals of the crown, they held positions which promised not only dignity but wealth ; and these prospects were to be destroyed at a single blow. The despair which took posses- sion of the inhabitants was shown by their resolution to clothe themselves in mourning robes, as at a funeral, and go out of the city to meet the messenger of their evil fortunes. But the viceroy dissuaded them from carrying out this plan. On the 8th of March, 1544, Sandoval arrived at the City of Mexico, and was almost immediately met with petitions and remonstrances concerning the publication of the laws he had come to execute. But in spite
THE AUDI EN CIA AND VICEROY 10 1
of the strong and universal opposition of the Spanish settlers, the laws were published in the City of Mexico, March 24, 1544. They were read publicly in the presence of the vice- roy, the special commissioner, the judges, and the other royal officials. This action of the authorities, showing a determination on their part to disregard the wishes of the encomen- deroSj raised a storm of indignation, which threatened to break into open revolt. At this point Bishop Zumdrraga poured oil on the troubled waters by calling a meeting at the cathedral, and there leading the Spanish set- tlers to believe that wherever the laws were opposed to the interests of the Spaniards, they would not be enforced. The settlers took hope not only from the address of the bishop, but also from the knowledge that the clergy were holders of important encomiendas, and that their interests in them were likely to weaken their natural loyalty to the crown. The ecclesiastics were, with very few excep- tions, in favor of continuing the system of en- comiendas, and opposed to the liberation of the Indians. With the church as an ally, the enconienderos had very good grounds for be- lieving their cause was not hopeless.
In view of the great losses that the execution of the " New Laws " would entail on large num- bers of the Spanish settlers, and of the resist-
I02 SPANISH RULE IN AMERICA
ance to the authorities that might be aroused by an attempt to enforce them, both Mendoza and Sandoval saw the necessity of at least de- laying action. Commissioners representing the municipality and the religious orders were sent to Spain to ask the king to revoke at least those parts of the "New Laws " which threat- ened the interests of the settlers. By a royal decree of October 20, 1545, the desired rev- ocation was granted. This action filled the Spanish settlers with joy and the enslaved Indians with despair.
That the attempt to introduce these laws did not lead to bloodshed or a popular uprising in Mexico was in large measure due to the wise discretion of the viceroy, Mendoza. In Peru, where the first viceroy, Blasco Nufiez de Vela, undertook to execute them, the outcome was quite different. Thexesistance to the proposed laws assumed the form of a far-reaching rebel- lion, led by Gonzalo Pizarro, which resulted in the death of the viceroy and the temporary suppression of all authority proceeding from the Spanish crown.
The question concerning the relation of the Spaniards to the Indians was not easily solved, and was consequently passed on from decade to decade. The " New Laws" of 1542 had proposed a solution, but the end sought had not been reached. In 1549, Luis de Velasco
THE AUDIENCIA AND VICEROY IO3
was appointed to supersede Mendoza as viceroy of Mexico. Mendoza proceeded to Cholula to receive his successor, and there delivered to the new viceroy information and instructions concerning the government. During the fifteen years of Mendoza's rule, order had been estab- lished throughout the viceroyalty ; revolts and conspiracies had been suppressed ; and even the agitation caused by the threatened execution of the '* New Laws " had been allayed by their postponement. The vast regions of the north* had been explored ; mines had been discov-l ered and developed; and towns, such as Gua-\ dalajara and Zacatecas, had been established. ' Mendoza was transferred to Peru, and Velasco became his successor with the understanding that he might be recalled at the end of three years, provided Mendoza wished to return to Mexico. Mendoza had found it advisable to de- fer the execution of the "New Laws, ' ' but now, nine years after their formation, Velasco under- took to apply them. In this he was acting under specific commands from the king. In July, 1 55 1, the king ordered that all Indian women made prisoners of war, and all males under fourteen years of age should be immedi- ately set free, whether they had been brand- ed as slaves or not. Under this order were brought also the prisoners taken in the Jalisco war. If any person held a prisoner of war in
104 SPANISH RULE IN AMERICA
slavery, it devolved upon him to show that he had been taken in a just war, and in accordance with the law, and failing in this the prisoner might go free. This measure encountered vigorous opposition, but it was nevertheless carried, and as a consequence of it a large number of slaves were liberated. By another royal decree, the viceroy and audiencias were forbidden to hold Indians in service, except for wages, and no one might hereafter demand personal service from the Indians in payment of tribute.
Among other measures of reform belonging to this period may be mentioned the effort of the viceroy to prevent the practice of compel- ling the natives to carry heavy burdens. The clergy as well as the laymen were guilty of this abuse, but it was thought that the clergy could not be accused and corrected without weaken- ing their moral influence with the Indians. While Velasco was viceroy, attempts were made to limit the authority of the caciques in their dealings with their followers, preventing them from inflicting capital punishment or corporal mutilations. A little later efforts were made to cause the natives to live in the towns, in order that they might be compelled to adopt habits of industry ; and at the same time the succession to encomiendas was regu- lated.
THE AUDIENCIA AND VICEROY I05 Prjor to Tg6r> the AnVpyny l]^fl hppn mHppf^n-
deat- -of afty- -other constituted authority in Mexico ; his poweri^vas limited only by the will ofthejing. The audiencia might correspond directly with the king, but it could not check or modify the viceroy's decisions. Moved by jealousy, or by real or fancied wrongs, the members of the audiencia undertook to under- mine the king's confidence in Velasco, and thus curtail his authority. They did not attack him openly, but led the king to infer that ill-health had affected the viceroy's mind to such an ex- tent as to impair his discretion and the sound- ness of his decisions. They demanded that he should be required to consult some council before rendering a decision on public affairs; and they succeeded in persuading the king to decree that the viceroy should take no action without the previous advice and consent of the audiencia. By this means the members of the audiencia hoped to destroy the viceroy's power and prestige. But the viceroy was not without his partisans. The ayuntamiento of Mexico and the majority of the leading Span- iards of the kingdom objected to the project to pull down and humiliate the head of the gov- ernment. Yet the party of the audiencia so far temporarily prevailed that on the death of Velasco, in 1564, petitions from certain author- ities in the City of Mexico were sent to the
I06 SPANISH RULE JN AMERICA
king of Spain, asking for the abolition of the office of viceroy. The petition was naturally treated" as an interference with the king's prerogatives.
Those who sought the abolition of this office wished the king to appoint Valderrama gover- nor, and the Marquis del Valle captain-general. Valderrama, who was then in Mexico as visita- ^^r,. urged that a viceroy should be appointed, but that he should not be made president of the audiencia. On the death of the viceroy, under the law then in force, his power fell into the hands of the audiencia, but, at the time of the death of Velasco, the audiencia was subject to an investigation. This threw the power practically into the hands of the visit ador ; but on the completion of Valderrama's mission and his return to Spain, all authority was centred in the audiencia. This body, however, was not able to command universal respect, as wit- ness the unrest and conspiracies which disturbed the interregnum between Velasco and his suc- cessor. When, however, the new viceroy, Don Gaston de Peralta, arrived in 1566, the audiencia was clearly master of the situation. The viceroy made light of the conspiracy, which it was pretended had been put down with great sacrifice, and by this means aroused the opposition of the audiencia. In reply to the viceroy's report to the crown that there
THE AUDI EN CI A AND VICEROY lO/
had been no conspiracy, the judges, or mem- bers of the audiencia, advanced the charge that the viceroy was indifferent to the welfare of the country and even disloyal. The king de- termined to make an investigation, and for this purpose sent three commissioners empowered to take possession of the government and re- turn the viceroy to Spain. On the outward voyage, one of the commissioners died, but the other two, Alonso Munoz and Luis Carrillo, arrived in Mexico and took up the reins of authority. The cruel and_^xbit?!^IZ~£^t?_^i'^tter of their rule, as directed by Mufloz, roused the subjects in indignation against them, and led the king to depose them. Power then fell once more into the hands of the oidores, and in the brief period of their administration they succeeded in allaying the popular fears that had been excited by the merciless rule of Munoz and Carrillo. They were relieved, in 1568, by the arrival of the new viceroy, Martin Enriquez de Almansa, who remained in power in Mexico twelve years, or till 1580, when he was transferred to the viceroyalty of Peru.
The efforts to break the power of the viceroy had no important result. The ofifice was firmly established, a kingdom had been set up in America, and after the reign of the viceroy, Almansa, it continued yet two hundred and forty years. The throne of New Spain was
I08 SPANISH RULE IN AMERICA
occupied by sixty viceroys, and their average term of power was four years. At the close of the period of Spanish rule in America, the limits of the viceroy's dominion embraced not only the region to which the name of New Spain was at first applied, but also the ancient kingdoms of Michoacan and Galicia, the Cali- fornias, the peninsula of Yucatan, and various other provinces which in the course of time had been drawn together under the viceregal government.
CHAPTER V
THE ESTABLISHMENT OF SPANISH POWER IN PERU
IN the growth of civilization in South Amer- ica, certain districts which had an individual colonial existence have become the seats-of in- dependent states. The most conspicuous of these regions are Peru, the valley of La Plata, the territory of Chile, Venezuela, and those portions of the continent now occupied by the republics of Colombia and Ecuador. For maay decades Ljiria. in Peru, was the social and political capital of South America.
The first important step towards carrying Spanish institutions to Peru was the formation of the famous contract between Pizarro and his associates. Before this contract was formed, Pizarro and Almagro had made separate voy- ages southward from Panama. On these voyages, however, no great discoveries were made, nor the expected riches acquired. Yet 109
no SPANISH RULB, IN AMERICA
during these voyages the rumors which the leaders had heard previously became more definite, and confirmed their belief in the exist- ence of a kingdom of abundant wealth farther towards the south.
The parties involved in this contract were the two captains, Pizarro and Almagro, and the ecclesiastic, Fernando de Luque. Luque agreed to advance the funds for the undertak- ing, while Almagro and Pizarro pledged them- selves to carry out the plan of conquest. The conquered territory, the repartimientos, the treasures of gold, silver, and precious stones, and the spoils of every kind, were to be divided equally among the three partners. Even one third of all revenues derived from grants which the crown might make to either Pizarro or Al- magro should be enjoyed by Luque, and might be transmitted by him to his heirs or legal representatives. The risk in the enterprise was borne by the two military leaders, who agreed, in case of failure, to reimburse Luque for his advances, and for this purpose pledged what- ever property they might possess. They agreed, moreover, to allow the contract to have the force of a judgment issued against them by a court of justice. The contract was subscribed by Luque on the loth of March, 1526. It was duly attested by witnesses, one of whom signed for Pizarro, and another for
SPANISH POWER IN PERU HI
Almagro, it being affirmed that neither of the captains was able to write his name. A marked religious tone pervades this document, which constitutes the basis of a gigantic scheme of spoliation, and it was solemnly sworn to and acknowledged in the name of God and the Holy Evangelists/ In this transaction Luque was only the agent of Caspar de Espinosa, who had had an important part in the conquest and settlement of Tierra Firme, and had held the office of alcalde in Darien. To him, therefore, and not to Luque, was due the stipulated one third part of the proceeds of the projected con- quest. The first expedition made under this contract verified the rumors concerning the abundance of gold that might be found in', Peru; but the leaders thought themselves too weak to undertake the conquest, and returned to Panama without the expected profits for Luque's investment. The difficulty encoun- tered in getting funds for a subsequent expedi- tion might be regarded as evidence that the captains did not make good to Luque the loss by the first voyage under the contract. Fifteen hundred ducats were, however, raised to enable Pizarro to go to Spain, and appeal directly to the king for aid.
Pizarro left Panama for Spain in the spring
* The text of this contract is given as Appendix No. vi. in (
Prescott, Conquest of Peru, ii. , 486-490.
112 SPANISH RULE IN AMERICA
of 1528. Neither his history nor his character was such as to suggest the typical Spanish courtier, yet his appearance before the king, the story of his undertakings and privations, and the zeal which he had displayed in the cause of the crown made a deep impression. On the 26th of July, 1529, was issued the { Capitulation which granted to Pizarro the pow- ers and privileges he enjoyed in carrying on the conquest of Peru. In accordance with this decree, Pizarro and his associates were per- mitted to continue their conquests at their own \ expense ; and they were, moreover, granted the territory of Peru, extending on the sea from Santiago two hundred leagues southward. Of this region, Pizarro was made governor and captain-general for life, with an annual salary of 1820 dollars, which was to be paid from the king's revenues derived from the lands in question. Out of this salary he was required to pay every year an alcalde, ten squires, thirty peons, a physician, and an apothecary. He was given also the title of adelantado and alguacil mayor of the province of Peru. In agreement with the royal officers of the prov- ince, he was permitted to construct and main- tain four fortresses in such places as he might find convenient. He was permitted also to distribute the Indians among his followers under the law of encomiendas, and control the
SPANISH POWER IN PERU 1 13
affairs of his province with that practically absolute authority implied in his title of cap- tain-general. Diego de Almagro was made commandant of the fortress at Tumbez, with an annual salary of two hundred and fifty dol- lars and five hundred dollars towards expenses. He was at the same time raised to the rank of a nobleman, and given all the honors and priv- ileges which that title conveyed.
Father Luque was made bishop of Tumbez-^.t.i W^^-^^^ and protector of the Indians of Peru, and was provided with an annual salary of one thousand ducats. Bartolome Ruiz was granted the posi- tion of grand pilot of the South Sea, with a salary of about one hundred and ninety dollars a year, to be paid, like all the salaries granted through this instrument, from the proceeds of the lands conquered. Other companions of Pizarro were given either minor offices or titles of distinction. In order to increase the popu-\ lation of the province, certain restrictions on I emigration were removed, and the ordinary \ laws of taxation were relaxed in favor of the settlers. The tax on the precious metals was reduced to one tenth for a term of six years. It was provided that at the expiration of this period the tax of one tenth should be changed to one ninth, and thus increased year by year by one point till it should again reach one fifth.
114 SPANISH RULE IN AMERICA
" It was expressly enjoined on Pizarro to observe the existing regulations for the good government and protection of the natives ; and he was required to carry out with him a specified number of ec- clesiastics, with whom he was to take counsel in the conquest of the country, and whose efforts were to be dedicated to the service and conversion of the Indians ; while lawyers and attorneys, on the other hand, whose presence was considered as bod- ing ill to the harmony of the new settlements, were strictly prohibited from setting foot in them.
" Pizarro, on his part, was bound, in six months from the date of the instrument, to raise a force, well equipped for the service, of two hundred and fifty men, of whom one hundred might be drawn from the colonies ; and the government engaged to furnish some trifling assistance in the purchase of artillery and military stores. Finally, he was to be prepared, in six months after his return to Panama, to leave that port and embark on his expedition."^
The events of Pizarro's march into the in- terior of Peru from the region of Tumbez are already familiar. It is necessary here simply to emphasize the efforts made to establish the forms and institutions of civilized society. The first step in this direction was the founda- tion of the municipality of San Miguel in the valley of Tangarala, about one hundred miles south of Tumbez. The men left at Tumbez
' Prescott, Conquest of Peru, i.,' 305-307; also ii., 490-497.
SPANISH POWER IN PERU II5
were ordered to take up their residence there; buildings were constructed from the timber of the forests and stone from the neighboring quarries; and a municipal government was organized in a form prescribed by law, consist- ing of regidores, alcaldes, and such other civil officers as were found necessary. To each settler was allotted a portion of the surround- ing territory, and a certain number of Indians who might be required to cultivate it ; for as, according to Pizarro's secretary, it was
" evident that the colonists could not support themselves without the services of the Indians, the ecclesiastics and the leaders of the expedition all agreed that a repartimiento of the natives would serve the cause of religion, and tend greatly to their spiritual welfare, since they would thus have the opportunity of being initiated in the true faith." ^
The original site having been found to be un- healthy, the town was moved to the bank of
7 the Piura, where it stands to-day, the oldest town in Peru founded by Europeans.
After the death of Atahualpa and the sur-
'/ render of Cuzco, Pizarro organized a municipal government in the ancient capital. It was composed of two alcaldes and eight regidores. Among the latter were Gonzalo and Juan Pi- zarro, brothers of the captain-general. The 'Quoted by Prescott, i., 358.
Il6 SPANISH RULE IN AMERICA
oath of office was administered to the members of the new government on the 24th of March, 1534. Spaniards were invited to become resi- dents of Cuzco, and Pizarro, as governor of Peru, offered them certain houses and lands which had come into his possession as a result of the conquest. Pizarro also laid the founda- tion of an ecclesiatical organization, and Father Valverde was made bishop of Cuzco. One side of the plaza was selected as a site for the cathedral, and monasteries rose in the place of edifices formerly devoted to the Indian wor- ship, and the ecclesiastics who came with Pizarro and those who came as later reinforce- ments carried on with zeal the work of convert- ing the Indians, and, on the part of some of the missionaries, with a disinterested devotion to their spiritual welfare.
The claims of Pizarro to northern Peru were disputed by Alvarado, who landed in March, 7 1534, in the bay of Caraques, and with great suffering and loss crossed the Andes to Quito. A conflict between Alvarado and Pizarro ap- peared to be imminent, but was avoided by an agreement in which the governor promised to pay Alvarado one hundred thousand pesos de oro, and received from him his ships, his troops, and all his stores.*
The foundation of Lima in January, 1535, to
^It was "arranged that Alvarado should cede his army to
SPANISH POWER IN PERU H/
be the capital of Peru, prepared the way for a struggle between the old and the new centres of power. As a consequence of the visit of Hernando Pizarro to the court of Spain in 1 534, the boundary of Francisco Pizarro's jurisdiction was removed seventy leagues towards the south, and Almagro was empowered to occupy and hold the region extending from the southern line of Pizarro's dominion southward two hun- dred leagues. There was no lack of defi- niteness in the terms of the grants to the two commanders, but for want of accurate measure- ments it was still doubtful to whom belonged the ancient capital, Cuzco. The cojiflict which threatened to grow out of this controversy was temporarily set aside by a compact between Pizarro and Almagro, in which they agreed to observe towards one another such conduct as civilized men have supposed was demanded by common decency. Neither should malign the other, nor injure him with respect to his repu- tation, his person, or his property. They swore to carry out strictly the terms of the present agreement ; that neither should report or write to the king without the knowledge of
Pizarro and Almagro. and that they should give him a hundred thousand golden ducats, on condition that he should go away and never more return to that kingdom. In this manner Alvarado departed from Peru with four servants, and returned to Guatamala in good spirits and contented." — Benzoni, His- tory of the New Worlds 154.
Il8 SPANISH nULE IN AMERICA
the other; and that all the profits and interests which should be acquired by future conquests and discoveries should be shared equally by both. Upon either of the parties who should act contrary to this compact, they invoked the Divine wrath, and prayed that Heaven might visit him with the loss of honor, family, and property in this life, and with eternal perdition in the life to come. The agreement was con- firmed by a solemn oath taken on the sacra- ment, recorded by a notary, and attested by a large number of witnesses.^
Shortly after the formation of this contract Almagro entered upon the conquest of Chile, and Pizarro returned to the administration of v
his province and the building of his capital. ,w/v^^/ On the return of Hernando Pizarro from Spain, he brought to the governor a royal patent con- ferring upon him the title of Marques de los Atavillos, and the grant permitting him to ex- tend his territory seventy leagues towards the south. By the commissioners Francisco Pizarro was now assured that Cuzco undoubtedly fell within his jurisdiction. When, therefore, Al- magro returned from Chile and seized this city, the conditions of hostility were clearly estab- lished, in spite of the solemn stipulations of the recently formed contract.
^ Prescott, ii., 35 ; also ii., 509, 511 for the text -of the con- tract, which was dated June 12, 1535.
SPANISH POWER IiV PERU II9
In this manner was introduced the iirst civil ■s^ar, which resulted in Almagro's defeat at the battle of Las Salinas, his subsequent execution, and the spread of disorder and confusion over the whole country. The ancient government had been overthrown, and in view of the con- flicts between the Spaniards and the Indians and the civil wars arising from the jealousy of the Spanish leaders, the praviace appeared to be on the verge of hopeless anarchy. As a means of averting the impending danger, Pi- zarro established settlements in the disaffected districts. These were called cities, and had, in fact, the form of a municipal corporation, but they were in reality military colonies for the maintenance of order and the Spanish au- thority. Settlers were attracted to them by the protection which they afforded, and by the grants of land offered, and they grew rapidly to be not merely military outposts, but also centres of local commerce. Among the settle- ments of this time, which later became con- spicuous cities, were La Piata, in the district of Charcas, and Acgquipa, near the coast.
The execution of Almagro did not put an end to civil conflict. The Almagro faction survived, and found a leader in the son of the executed commander. Goaded to action by their poverty and their desire for revenge, the members of this faction formed a conspiracy,
120 SPANISH RULE IN AMERICA
assassinated Pizarro, took possession of Cuzco, and demanded that the young Almagro should be recognized as governor of Peru. That phase of the early civil wars of Peru, which followed these events, under the leadership of Vaca de Castro, on the one side, and the young Almagro on the other, culminated in the battle of Chupas. Almagro was overthrown and im- prisoned, and a little later was executed in Cuzco. The threatened uprising under Gonzalo Pizarro, who had returned from his expedition into the region of the upper Amazon, was averted, and Vaca de Castro set himself to order and reform the administration of the country. He encouraged the restless cavaliers to undertake exploring expeditions into the distant country of the Rio de la Plata; he sought to establish better laws for the prov- ince; he endeavored to ameliorate the condi- tion of the Indians; and he founded schools in which they might be taught the doctrines of Christianity. He facilitated communication between the different parts of the province by requiring the caciques to provide supplies for the tambos in their neighborhood, which would take away from the Spaniards their excuse for plundering the natives. He attempted to bring about a better relation between the In- dians and the Spaniards, and to this end sought to readjust the affairs of the repartimientos,
SPANISH POWER IN PERU 121
but in this undertaking he touched the most deep-seated abuse of Peru or of Spanish America. The Spaniards held to the privilege of keeping the Indians in service with great tenacity. They regarded it as their most valu- able reward for their labors and dangers of dis- covery and explorations, and at the same time as the necessary foundation of their prosperity. The thought that the abolition of this privilege would entail their material ruin led them to oppose vigorously any project to overthrow the system of repartimientos. It was this spirit that resisted the proposed introduction of the " New Laws," which had been formed under the influence of Las Casas.
These laws were intended to apply to all of the Spanish possessions in America, and had their basis in the asserted right of the Indians to liberty. It was not proposed that these laws should annul any contract which the gov- ernment of the Indies had made with the con- querors, or set aside any privilege which had been previously granted. All persons who lawfully held Indian slaves might continue to hold them for the period of their lives; but it was required that at the death of the existing proprietors the slaves should revert to the crown. They should, moreover, be forfeited by holders under whom they had suffered neglect or ill-usage; and, according to a still
122 SPANISH RULE IN AMERICA
more sweeping clause, they should be forfeited ** by all public functionaries, or such as had held offices under the government ; by ecclesi- astics and religious corporations; and, lastly, by all who had taken a criminal part in the feuds of Almagro and Pizarro. " *
In order to put an end to confusion and pro- vide a strong government in Peru, it was deter- mined to establish at Lima a viceroy and royal audiencia, through whom the '* New Laws " might be carried into effect. At the same time the audiencia of Panama was abolished and its functions transferred to the government of Peru.
The Spanish settlers of Peru, with remarkable unanimity, felt that the enforcement of these laws would deprive them of whatever material advantages and prospects they possessed. They appealed to the government of Peru to protect them against the destructive measures of the Spanish court ; but when they discovered that a new government was to be established, and that it was to be especially commissioned to enforce these laws, the way of self-preserva- tion and defence appeared to lead to rebellion. They turned to Gonzalo Pizarro with the de- mand that he should become their leader. As the last of the brothers of that family remaining in the province, he was regarded as the bearer 1 Prescott, ii., 254.
SPANISH POWER IN PERU 1 23
of the heroism that had been displayed in the conquest, and the natural defender of the in- terests of the conquerors. The task of allaying j the incipient rebellion and of introducing the \ ** New Laws " was confided by Charles V. to Blasco Nufiez de Vela,' who left Spain November 3, i_543, and landed at Nombre de Dios about the middle of the following January. He was attended by the four judges of the new audiencia, and by a numerous retinue befitting his exalted position and viceregal power. The contrasted positions of the two opposing lead- ers appear when we reflect on their respective attitudes towards the people of the province.
t^i^arro left his mining operations at Potosi to ead the rebellion, on the demand of the set- tlers; Blanco Nufiez, in his arbitrary exercise 1 of power, not only ran counter to the wishes of I his subjects, even before he arrived in his kingdom, but overrode the decisions of the audiencia and disregarded the will of every
' The new viceroy had been Inspector-General of the Guards of Castile. " In character he was an upright, narrow- minded, sincere, intemperate, loyal man. He was a favorite courtier of Charles the Fifth's, having hitherto executed his majesty's commands with a loving obedience and great exacti- tude. He was handsome, of noble presence, skilled in knightly arts, very pious and very harsh." He left Spain in November, 1543, and on the i8th of June, 1546, he was killed in the battle of Anaquito, in which the rebellion against the " New Laws " and his administration was triumphant.
124 SPANISH RULE IN AMERICA
constituted authority. His lack of tact was revealed in his complete repudiation of the policy of conciliation. " He had come," he said, " not to tamper with the laws, nor to discuss their merits, but to execute them, — and execute them he would, to the letter, whatever might be the consequence."^ From this ut- terance the members of the audiencia clearly discerned that their will was not to be made effective when it traversed the will of the viceroy. Owing to the illness of one of the judges, the viceroy entered Peru without the audiencia. Reports of his* opinions and arbitrary acts had preceded him, and the magnificent display which attended his prog- ress to the capital, while it may have overawed a few, did little to set aside the evil forebodings of the many, or to check the growing spirit of rebellion.
{ The most important events in the viceroy's \brief career in America were his arrival in JLima, his installation as viceroy of Peru, the I announcement of his determination to maintain the ordinances, the murder of Carbajal, the in- creased indignation of the people, the campaign of Pizarro, the banishment of the viceroy, Gonzalo Pizarro's gorgeous triumphal entry into Lima, and the proclamation of the victor as governor and captain-general of Peru. The
' See Prescott, ii., 261.
SPANISH POWER IN PERU 1 25
second part of this brief period was marked by the establishment of Pizarro's administration, the reappearance of Blasco Nuflez, the raising of his standard at San Miguel, the advance of Pizarro towards this town, the disastrous flight j of Blasco Nunez towards the north, and his \ defeat and death on the plains of Afiaquito. I After this last event, Gonzalo Pizarro's author- ity extended over the whole of Peru ; his power^ was everywhere acknowledged, from Quito on the north to the border of Chile, on the south, and even the towns on the Isthmus, which constituted the key to the Pacific, had fallen into his hands. He was apparently in a favor- able position to assume sovereign power, and tn ^rrr*" ffl Pftm nn independent monarchy. And among the followers of Pizarro there were some who urged him to pursue this course ; but he appears to have hesitated to strike directly at the authority of the crown. The practical! problem which Peruvian affairs at this time presented to the Spanish court, required for its proper solution the most careful treatment. The difficulties were very great. Soldiers had to be transported across the Atlantic. The Isthmus was held by Pizarro, and enormous obstacles stood in the way of reaching Peru by any other route. Pizarro's vessels commanded the Pacific, and even if the royalist forces suc- ceeded in landing they would be greatly hand-
126 SPANISH RULE IN AMERICA
icapped, as compared with the veterans of Pizarro, by an unknown country and an un- tried climate. There was also danger that the new troops would be allured by the expectation of rich booty or the spoils of the mines, and, disregarding their allegiance to the king, ally themselves with the forces in insurrection. The crown had, therefore, to adopt some other policy than uncompromising coercion, or run the risk of losing Peru completely.
In this critical state of affairs, a plan of con- ciliation was adopted, and Pedro de la Gasca was commissioned to. undertake the difficult task of bringing Peru to acknowledge and main- tain allegiance to the crown. Gasca left Spain for Peru in May, 1546. As a youth he had been a student in the seminary of Alcala de Henares, and later at Salamanca. He had been a member of the Council of the Inquisi- tion, and had held the responsible post of visitador of the kingdom of Valencia. When, therefore, he was appointed to the important undertaking in Peru, he was known to have already managed difficult cases with great skill and discretion. He accepted the appointment, and seeing the necessity of independent action in possible emergencies, without being com- pelled to wait for instructions from the court, he demanded that he should be clothed with all of the authority of the sovereign within the
SPANISH POWER IN PERU 12/
field of his activity. This apparently extrav- agant demand was willingly granted by the emperor; and, under the simple title of Presi- dent of the Audiencia, he was empowered to do whatever the king might do under the given conditions. He was at the head of every de-i partment of the administration ; he might raise troops, appoint and remove officers, and declare war; he might exercise the royal prerogative of pardoning offences; and was especially com- missioned to grant an amnesty to all who had been engaged in the rebellion. He was authorized to revoke the ordinances which had caused the popular uprising and overthrow of Blasco Nufiez; and, returning to the earlier practice, might make repartimientoSy or confirm those which had been previously made. In accordance with his expressed wish, he was granted no specific salary, but might make any demands on the treasuries of Peru and Panama.
When Gasca landed at Nombre de Dios, in the plain garb of a simple ecclesiastic, those who received him were not then aware that he was the bearer of the essential powers of an absolute prince. Yet the policy which he pro- posed to carry out-was a^policy of pardon and conciliation. He wrote to Pizarro from Pan- ama, forwarding to him at the same time the conciliatory letter of the emperor. He indi-
128 SPANISH RULE IN AMERICA
cated his determination to concede all that Pizarro had contended for. When the reply to these letters was received, it was in the form of a letter from the inhabitants of Lima, dated October 14, 1546, congratulating the president on his arrival, but expressing regret that he had come so late, after all the troubles of the country had been settled, and peace had been established under the rule of Pizarro. At the same time Gasca was informed that an em- bassy was on its way to the Spanish court to ask that Pizarro might be confirmed as governor of Peru. It was, moreover, intimated that the presence of the president would be likely to re- new the social disturbance, and might cost him his life. The interview between Aldana, of the embassy, and the president, in which the former learned the extent of Gasca's powers and the nature of the concessions to Pizarro and his followers, changed materially the pros- pects of both parties. Aldana abandoned his missiorLlo_Spain, accepted the offered pardon, agreed to support the president, and recom- mended to Pizarro to pursue the same course. The next important step in the progress of Gasca's cause was the surrender of the fleet. Hinojosa and his officers gave up their com- missions into the hands of the president as the representative of the Spanish crown. In re- turn, the president, in the name of the crown,
SPANISH POWER IN PERU 1 29
pardoned all past offences, restored to the offi- cers their commissions, and greeted them as the loyal subjects of the emperor. By this politic act, Pizarro's power on the ocean was trans- ferred to the president undiminished.
With the fleet in Gasca's possession, the way to Peru was open to him, and the later events of his contest with the insurgents fol- lowed one another in rapid succession. After Pizarro had rejected the peaceful overtures of the president and determined to appeal to the decision of force, there was no alternative for Gasca but to accept the challenge. In the campaign which followed, the advantage at first appeared to be on the side of the insur- gents. At the battle of Huarina, the royalist forces, under Centeno, were defeated and scat- tered in hopeless confusion, while in the final contest near Cuzco, at the battle of Xaquixa- guana, the followers of Pizarro were routed and his cause was lost. Pizarro and Carbajal were executed. Confiscated property was dis- tributed among the victors, and_the_president undert^ook to reform the administration. He| limited the amount of service that might be demanded of the natives. He provided that they should not be compelled to change their residence from one climate to another, thus avoiding the great suffering that had been im- posed upon them by carrying them from the
I30 SPANISH RULE IN AMERICA
hot regions of the coast to work in the mines in the cold regions of the mountains.
About three years after his first landing in Peru, Gasca prepared to return to Spain. He entrusted the government to the royal audi- encia, and embarked for Spain, by way of Panama, in January, 1550. Concerning the character of Gasca and his career in Peru, the most varied opinions have been expressed by different writers. Prescott sums up his achieve- ments quite in the tone of eulogy. According to this writer, when Gasca landed,
" he found the colony in a state of anarchy, or rather organized rebellion under a powerful and popular chief. He came without funds or forces to support him. The former he procured through the credit which he established in his good faith ; the latter he won over by argument and persuasion from the very persons to whom they had been con- fided by his rival. Thus he turned the arms of that rival against himself. By a calm appeal to reason he wrought a change in the hearts of the people ; and, without costing a drop of blood to a single loyal subject, he suppressed a rebellion which had menaced Spain with the loss of the wealthiest of her provinces. He had punished the guilty, and in their spoils found the means to recompense the faithful. He had, moreover, so well husbanded the resources of the country, that he was enabled to pay off the large loan he had negotiated with the merchants of the colony, for the expenses of
SPANISH POWER IN PERU I31
the war, exceeding nine hundred thousand /^f^^J- de oro. Nay, more, by his economy he had saved a million and a half of ducats for the government, which for some years had received nothing from Peru ; and he now proposed to carry back this acceptable treasure to swell the royal coffers. All this had been accomplished without the cost of outfit or salary, or any charge to the crown except that of his own frugal expenditure. The country was now in a state of tranquillity. Gasca felt that his work was done ; and that he was free to gratify his natural longing to return to his native land."*
Markham, on the other hand, in his History of PerUy calls President Gasca " the ignoble conqueror" and ** the cowardly priest," and suggests that after the death of Gonzalo Pi- zarro, " the colonists had little cause to rejoice at the change of masters." Referring to the president's conduct after victory, he says that
" at length, sated with blood, Gasca left Cuzco and went to a small village in the neighborhood, with Archbishop Loaysa of Lima, to arrange the distribu- tion of grants of land and Indians among his follow- ers. He retired into this seclusion to avoid the importunities of friends. Having completed his work, he sent to announce his awards at Cuzco, and they caused a howl of rage and disappointed greed. He himself went down to Lima by the least frequented route, and when a positive order from ^ Prescott, ii., 457.
/
132 SPANISH RULE IN AMERICA
the emperor arrived that all personal service from the Indians should be prohibited, he suspended its publication until he was safe out of Peru."
Markham does not find the tranquillity of which Prescott writes, nor does the president's task appear to him to have been completed. The country was left, he says, " in the greatest confusion, and all the most difficult adminis- trative points to be settled by others." I The government of Peru remained in the hands of the audiencia somewhat more than a year and a half, from January, 1550, to Sep- tember, 1 55 1, or till the arrival of thLe-.,sec^on.d v4Ge«iyv- Don Antonio deMendoza. For fif- teen years Mendoza had been viceroy of Mex- ico, and it was owing to his great prudence that Mexico had been able to avoid a civil war at the time of the proposed introduction of the "New Laws"; for, standing between the specific command of the king and the unyield- ing holders of Indian slaves, he assumed the responsibility of so mitigating the law " that every man possessing slaves should each year, according to a certain rate, liberate twenty." Considering this conduct, Benzoni remarks that " if Blasco Nuflez Vela, on going as viceroy to Peru with similar orders, had acted in this manner, he would not have come to the end he did."^
^ History of the New World, 58.
SPANISH POWER IN PERU 1 33
The death of Mendoza, in July, 1552, threw the government of Peru once more into^the hands of the audiencia. In addition to the dissatisfaction caused by Gasca's awards of con- fiscated property, the audiencia had to seek to allay another discontent caused by the ordi- nance which deprived the conquerors of the personal services of the natives. The incipient rebellion which sprung from these grievances was suppressed in Charcas by Alvarado, but under the leadership of Francisco Hernandez Gir^, the uprising assumed a more threaten- ing form. Through a conspiracy Giron^ot possess j on of the_c|ty of Cuzco, and set up there his authority. His followers increased in numbers rapidly. The soldiers who had been scattered by Gasca's victory, and the dis- contented of every sort gathered about his standard. He professed not to be in rebellion against the crown, but appeared only to redress wrongs and bring the country back to tran- quillity. He addressed the principal cities, the leading captains, and the audiencia of Lima, attempting to persuade them not to be dis- turbed by his activity, as he was aiming at the public good, and to induce the king, in order- ing the government of Peru, to consult the welfare of the people. At the same time he sent troops to Guamanga and to take posses- sion of Arequipa. In the conflict which en-
134 SPANISH RULE IN AMERICA
sued, the legitimate forces were in one respect at a disadvantage as compared with the insur- gents. They had no single leader whom they were willing to entrust with the conduct of the campaign, and the members of the audiencia were so suspicious of one another that they determined to take the field together. If a collegiate executive in civil affairs may be found advisable sometimes, a committee has never shown itself especially well adapted to military leadership. But in spite of Giron's brilliant prospects after the victory of Chu- quinga, hjs-cause-suffered the disadvantage of not being the cause of the legitimate govern- ment. Blockaded in his stronghold at Pucara, and not being able to induce his opponents to fight, Giron saw no hope but in flight. He was, however, captured and brought to Lima, and executed, and with his death, in the be- ginning of 1^55, the early civil wars of Peru were ended.
At the close of the civil wars there were about eight thousand Spaniards in Peru. Of these, four hundred and eighty-nine held grants of land and Indians, and about one thousand others occupied official positions or lived on their estates; but a large part of the whole number may be described as adventurers ; they desired to live without labor, and the peace and order of a ;:ettled society were scarcely
/
SPANISH POWER IN PERU 1 35
compatible with their purposes. With this population, Peru did not offer an attractive field for the work of administration. The Spaniards appear to have taken this view of it ; for two noblemen to whom the king, in 1555, offered the position of viceroy in succes- sion refused it; but it was finally accepted, with reluctance, however, by Don Andres Hur- tado de MeniLoza, Marquis of Cafiete. He was appointed for,six,years with an annual salary of forty thousand ducats. Among the first meas- ures pro^sed by Mendoza were.those_tQ ejxpel from the country some of the more dangerous characters, to engage others in exploring-un- known regions, and to prohibit persons from going to Peru, except under certain specified conditions. Mendoza assumed the duties of office in Lima, in June, 1556. His orders issued after his arrival in Peru, as well as his policy outlined in Seville, indicate that he proposed to rule with a firm hand. He de- creed that the Spaniards should be confined to the districts in which they lived, except, as permitted by the authorities to remove to other^laces. He organized a special guard of four hundred, and brought the artillery from all parts of the province, and ordered it kept under his immediate control, at the same time putting an end to the practice, in accordance with which corregidors in their several districts
136 SPANISH RULE IN AMERICA
%
had been in the habit of keeping soldiers under their commands. He then called the members
f the audiencia to account for their conduct of affairs before his appointment. They had been in contention among themselves, and had led the forces in the field instead of performing their proper duties at the capital. He called to Lima the unruly spirits who were likely to cause disturbance, and banished them to Spain or Chile. Tomas Vasquez and Martin de Robles, who had been convicted of previous offences and pardoned, the former by the audiencia and the latter by Gasca, were both beheaded by the order of Mendoza. His^jmle was unquestionably severe, buJtj.tjKaSujeffectwe. It put an end to the lawlessness with which the country had been afflicted for a decade.
During the administration of Hurtado de Mendoza, who was accompanied by his family, the viceregal court was set up, and Lima as- sumed the forms and cerernonies j3f__civilized society, and became the social centre of^South America. The pretentious display of the viceroy's court was not without influence in maintaining order among colonists who had been accustomed to look to the ceremonious court of Madrid as the source of authority that could not be disregarded.
The viceroy had undertaken the government
f Peru with the assurance that he would be
/
SPANISH POWER IN PERU 1 37
supported by the court of Madrid in all meas- ures that were found to be necessary to estab- lish public order. But his expectations in this regard were not realized. Spaniards whom he had banished found their way to Spain and persuaded the new king, Philip II., that the severe measures of Mendoza were unnecessary and constituted a hindrance to the progress of Peru and to the development of Spanish in- terests in the colony; and the infrequency and difficulty of communication between Spain and America made it impossible for the king to be kept fully informed on Peruvian affairs, or for charges made in Spain against royal officers in Peru to be readily refuted. In this case Philip appears to have taken action on one-sided in- formation, and superseded the viceroy by the appointment of Don Diego de Acevedo y Zu- ftiga. Count of Nieva, as his successor. But Mendoza died before the arrival of the new viceroy. His government had lasted nearly five years, and during this period he had suc- ceeded in establishing peace among the in- habitants of Peru, and had laid the foundations of an orderly administration.
The demand that Peru should return a large revenue to Spain stood constantly in the way of establishing a good government for Peru. From the Spanish point of view, that was likely to be pronounced a good government
138 SPANISH RULE IN AMERICA
which gave Spain the largest revenue, while from the Peruvian point of view it might pos- sibly appear to have few points of advantage. Mendoza sent to Spain 684,287 ducats, but there was always a demand for more ; for Spain in her decline towards bankruptcy was practi- cally insatiable, and the management of Span- ish-American affairs from the side of Spain was largely determined by the hope of increasing the revenues of the home government.
At the close of the brief rule of the Count of Nieva, the title of viceroy of Peru was tempo- rarily suspended. His successor, Lope_Garcia de Castro, who entered Lima in September, 1564, was known as governor and captain- general. He was president of the audiencia, and remained at the head of the government for five years. During this time peace was maintained among the inhabitants, and steps were taken towards perfecting the admin- istrative organization by dividing the terri- tory into districts, in each of which power should be exercised by a corregidor. In this period, moreover, certain customs duties were established, and the quicksilver mines of Huancavelica were opened. In spite of the prohibition of trade between Spanish-American colonies, or states, a part of the product of these mines was later transported to Mexico to be used in reducing the silver ores of that country.
SPANISH POWER IN PERU 1 39
On the retirement of Garcia de Castro, in November, 1569, the title of viceroy was re- vived, and Don Francisco de Toledo, he.carne the fifth viceroy of Peru. He came apparently resolved on the plan of his work as viceroy. This plan involved, among other things, the making of a new code of ordinances for the government of the viceroyalty, the extermina- tion of the Inca dynasty, and the regulation of the ecclesiastical affairs in such a manner that the power^fthe^pdest would ^supplement that / of the viceroy. An important part of Tole- do's code, which was known as the Libro de Tasas, consisted of provisions relating to local government. The division of the territory and the organization of local authorities, which had been made under previous rulers, were in this code described and confirmed. The corregidor was recognized as the governor of a district called a corregimiento. Municipal governments were established consisting of one or more alcaldes and a number of regidores, varying according to the size or importance of the city. By the rules of the code, an attempt was made not only to fix the duties of the several officers, but also to regulate the affairs of trade. The viceroy desired also to revive or maintain cer- tain institutions that belonged to the govern- mental system of the Incas, particularly that part of the Inca organization which was estab-
140 SPANISH RULE IN AMERICA
lished for maintaining the roads and stations, and the organization of the Indians under ca- ciques. One practical advantage of recognizing the superiority of the cacique was that he might use his authority in collecting tribute from the Indians on behalf of the viceroy's government. The Indians were not only obliged to pay tribute, but also to render personal service in the manufactories and on farms. This service, called the mita, was demanded of one seventh part of the adult Indian male population, ex- clusive of those employed in the mines. In spite of all laws intended to regulate the pay- ment of wages and the distance the Indians might be taken from their homes, the mita remained an instrument of extreme oppression. Another form of slavery was that in which the so-called yanaconas were involved. These rendered for the most part household service, and for this tliey were given food, clothing, and a payment of their tribute by the master.
The second point of the viceroy's policy, the extermination of the Inca dynasty, was carried out by the unprovoked murder of Tupac Amaru and a number of his devoted followers.
In ordering the affairs of the church, a priest was established in each village, and charged to teach the Indians the doctrines of Christianity and to destroy all evidence of their ancient worship. But the great blessing of the new
SPANISH POWER IN PERU I4I
religion brought with it pecuniary burdens in the form of fees for christenings, masses, and burials.
The thirteeiL__years of T-QledQ/s administra- tion in Peru ended in 1^81. On the 28th of September he surrendered the government to Don Martin Enriquez. who had been viceroy in Mexico, and who carried to his new position somewhat^ experience in American affairs. In the brief period before his death, on the 15th of March, 1583, he had only opportunity to show that in the conduct of the administra- tion he was disposed to proceed along lines indicated by his predecessor.
After the-death of Enriquez, Peru remained without a viceroy till the arrival of thejCount of Yillar, in November, 15S6, a period of a little more than three years, and during this time the governmental power rested in the hands of the audiencia. When the Count of Villar took up the reins of government in Peru, he,_a!aS-Qld and inefficient, and, in 1590, gave way to Don Garcia Hurtado de Mendoza, the son of an earlier viceroy. Mendoza had been at the head of the government of jChile, and thus entered upon his undertaking in Peru with the prestige of a successful ruler. He landed at Callao, on the 6th of January, 1590, and made his solemn entry into the capital.*'^
' The ceremony attending the reception of the viceroy at
142 SPANISH RULE IN AMERICA
I Conspicuous among the hindrances to good /government which the viceroy encountered, 'was Spain's demand for gold and silver. The Spaniards in Spain who were interested in Peru wished undoubtedly the establishment of a beneficent political order and the conversion of the natives, provided the attainment of these ends was found to be consistent with drawing from the colony the greatest possible revenue. In obtaining this revenue, the Indians were sent to labor and perish by the hundred in the mines, and they were everywhere subjected to a burdensome tribute. The second Marquis of Caftete sent to Spain 1,500,000 ducats, besides plate and jewels; and in 1S91, 31 1^257 Indians paid tribute to their feudal superiors, or the encomenderos, amounting to 1,434,420 ducats.
En the import and export duties, and in the Icabala, the viceregal government found its main sources of income. The latter, consisting of a tax of two per cent, on all provisions sold in the market, and a tax of five per cent, on cocoa, was an almost intolerable burden, and in some cases drove the people to insurrection, as in the revolt of Quito.
After holding the position of viceroy for somewhat more than six years, Mendoza re-
the capital has been described, as it appeared later, by George Juan and Antonio de UUoa in A Voyage to South America, ii., 46.
SPANISH POWER IN PERU
143
turned to Spain, and was succeeded, in 1596^ by Don Luis de Velasco, Marquis of Salinas, who was viceroy of Peru till his removal to Mexico, in 1604.
By the beginning of the seventeenth cen- tury, the political affairs of Peru had fallen into a settled order. The viceroys followed one another without greatly disturbing the mo- notonous routine. If there were sometimes brief periods between the going of one vice- roy and the coming of his successor, the gov- ernmental power of the kingdom fell, in the meantime, into the hands of the audiencia. The following is a list of the viceroys who ruled in Peru in the seventeenth century, between 1604 and 1705 :
Count of Monterey |
. I 604-1 605 |
Juan de Mendoza, |
|
Marquis of Monies Claros . |
. 1607-1615 |
Francisco de Borja Aragon, |
|
Prince of Esquilache . |
. 1615-1621 |
Diego Fernandez de Cordova, |
|
Marquis of Guadalcazar |
. 1622-1629 |
Luis Geronimo de Cabrera, |
|
Count of Chinchon |
. 1629-1639 |
Pedro de Toledo y Leyva, |
|
Marquis of Mancera . |
. 1639- |
Count of Salvatierra . |
-1655 |
Luis Henriquez de Guzman, |
|
Count of Alba de Liste |
. 1655-1661 |
144 SPANISH RULE IN AMERICA
Diego Benavides y de la Cueva,
Count of Santistevan . . . 1661-1666 Pedro Fernandez de Castro Andrade y
Portugal, Count of Lemos . 1667-1672
Balthasar de la Cueva,
Count of Castellar . . . 1672-1678 Melchor de Lilian y Cisneros . . 1678-1681 Melchor de Navarra y Rocaful,
Duke of La Palata . . . 1681-1689 Melchor Portocarrero Laso de la Vega,
Count of Monclova . . . 1689-1705
The average term of office of these viceroys was seven and a half years. During the reign of Monclova, the first of the Bourbon kings as- cended the throne of Spain, and the Peruvian viceroys of the eighteenth century were the ap- pointees of t^eSpanish Bourbons. They were thirteen in number, and the average duration of their terms of office was essentially the same as that of the viceroys of the seventeenth century. They were :
The Marquis de Castel dos Rios Diego Ladron de Guevara . Carmine Nicolas Carraccioli,
Prince of Santo Bono . Morcillo Rubio de Auiion . Jose de Armendariz,
Marquis of Castelfuerte The Marquis of Villagarcia
1705-1710 1710-1716
1716-1720 1720-1724
1724-1736 1736-1745
SPANISH POWER IN PERU
145
Jose Antonio Manso,
Count of Superunda . . . 1745-1761
Manuel de Amat . . . 1761-1776
Manuel de Guirion .... 1776-1780
Augustin de Jaurequi .... 1780-1784
Teodoro de Croix .... 1784-1790
Francisco Gil de Toboada y Lemos . 1790-1796 Ambrosio O'Higgins,
Marquis of Osorno . . . 1796-1801
Until the establishment of the viceroyalties of New Granada and Buenos Aires, the juris- diction of the viceroy of Peru was coextensive with the Spanish possessions in South America; for the several captains-general were subject to the superior authority of the Peruvian viceroy.
CHAPTER VI
THE CONQUEST OF CHILE
WHEN Chile first became known to the Spaniards, her inhabitants had ad- vanced beyond the earhest phases of society; they were no longer hunters or merely shep- herds; thej_jiad_adQpted_^L.jaettleii.li£e and lived^byLagrlCiiLture. They cultivated a great variety of plants, and in some parts of the country had developed extensive means of irrigation. They had learned to cook their food, and from grains and fruits to prepare various kinds of spirituous liquors.'
Their fundamental social organization was a village, or hamlet, at the head of which stood a cliief called an ulmen. The several members of the village held their lands as private prop-
' On this period of Chilian history, one may find ample material for a general view in Barros Arana, Historia generate de Chile ; Gay, Historia fisica y politica de Chile ; Mackenna, Historia critica y social de la Ciudad de Santiago ; and Molina, The Geographical, Natural, and Civil History of Chile. 146
THE CONQUEST OF CHILE 1 47
erty, and transmitted them to their children as an inheritance.
The spoils of Peru stimulated the adventur- ers who had taken possession of that country to make other conquests. In 1535 Alma- gro led five hundred and seventy Spaniards and fifteen thousand Peruvians into Chile. Taking the route over the mountains, instead of that along the shore, one hundred and fifty Spaniards and ten thousand Peruvians perished on the way. The hostility with which Alma- gro was received in Chile persuaded him- to withdraw, and he returned to Peru in 1538,. where he took possession of the ancient capi- tal, Cuzco. This brought him into war with the brother of^ Pizarro, in which he was killed and his army scattered.
The death of Almagro left Francisco Pizarro master of the Spanish possessions of South America, with a prospect of further conquests in Chile. In spite of the arrival of Pedro San- chez de Hoz and Carmargo, commissioned by the court of Spain to conquer Chile, Pizarro sent Pedro de Valdivia to take possession of that country. De Hoz, who participated in the expedition, was beheaded there in 1546. The expedition of Valdivia was undertaken with the intention of establishing a permanent settlement ; and to this end the leader was pro- vided not only with soldiers, but with every-
148 SPANISH RULE IN AMERICA
thing necessary to the formation of a colony. On the 24th of February, i^j^3^jldi3da.laid the^foiindation of the future capitaLiif.- Chile, and called it Santiago. It was laid out after the plan which had been adopted as a general guide in the establishmenc of Spanish-Ameri- can cities. Towards the end of the eighteenth century, in 1787, Santiago contained more than forty thousand inhabitants, and the number was then rapidly increasing.
After establishing Santiago, Valdivia founded other cities, of which Cgncepcion, Irnperial, and Valdivia were instances, the last named being the first city founded in America which took its name from one of the Spanish conquerors. In this matter the Spanish stand in marked contrast with the British settlers, who took oc- casion in naming their towns to commemorate their heroes. It was under Valdivia that Francisco de Aguirre was dispatched with two hundred men to make conquests east of the Andes. As a result of these conquests, the provinces of Cujo and Tucuman became a part of the dominions of Chile.
When Valdivia was in Chile, he introduced a form^of feudalisrn similar to that which had been established in Mexico and Peru. As a reward for his efforts in the conquest and set- tlement of the country, Valdivia looked for some special recognition by the king. He sent
THE CONQUEST OF CHILE 149
an agent to Spain with a large sum of money, and " commissioned him to use his utmost ex- ertions to obtain for him the perpetual govern- ment of the conquered country, with the title of Marquis of Arauco." ' While Valdivia was seeking honors for his past achievements, the Indians were preparing a revolt which was destined to lead to his ruin. Hi^^jLimy. was defeated, and he was made a prisoner and put to death.
On the death of Valdivia, his a^^gjit^Iderfite, who had been sent to Spain, was appointed to take_cJhiargej3lJ:h^-~g4S^v^rnme»t aL.J^^ and carry on the conquest of that region. He was furnished by Philip II. with six hundred sol- diers, but all of these, except three or four, were lost by the burning of the ship near Porto Bello. Alderete himself escaped, but died not long afterwards on the island of Taboga, in the gulf of Panama.'' After the news of the un- fortunate outcome of Alderete's undertaking had reached Peru, the viceroy appointed his son, Don Garcia Hurtado de Mendoza. gay- ernor-af-Ghtle. The persistent hostility of the Araucanians made it necessary for the gov- ernor to be supported by a large military force. Throughout the viceroy's dominions there were not wanting adventurers whose expectations had not been realized. The call for soldiers
' Molina, ii,, 122. ^ Ibid., 147.
150 SPANISH RULE IN AMERICA
issued by the viceroy offered them at least oc- cupation and a new field for exploits. Led by various motives, they presented themselves for service in sufficient numbers to constitute an important army. Ten ships under Don Garcia in person took the infantry to the coast of Chile, while the cavalry went by land under the quartermaster - general, Garcia Ramon. The infantry landed near Concepcion in April, 1557, but the cavalry did not arrive till some months later. The Araucanians were not ter- rified by the great show of force made by the Spaniards, and determined to adhere to their ancient policy of war. The barbarous practices of the governor in either mutilating or putting to death all persons taken in war, had not the effect to subdue the enemy, but rather to in- flame them with a desire for revenge. Even the women were moved by this spirit, and fought in the ranks with the men. But all their bravery did not permanently avail against the more effective arms of the Spaniards.
The conquest pf__Cujo which had been begun by Francisco de Aguirre was later compkjxd by Pedr£L£astillo, acting under the orders of Gov- ernor Mendoza. Castillo founded two cities east of the Andes, which he called San Juan and Mendoza. The latter was named in honor of the family of Governor Mendoza.
Mendoza's troubled reign as governor of
THE CONQUEST OF CHILE 151
Chile came to an end on the return of Francisco Villa^ran from Spain as his_suc£es§or. MerL- doza returned to Lima, and was appointed viceroy pf the kingiiQja-.aL-J?.eru. The first important object of Villagran's activity was to restore the province of Tucuman to Chile. In this enterprise Villagran was successful, but Tucuman remained only a short time under the dominion of Chile, for before the end of the sixteenth century the Spanish court caused it to be reannexed to Peru.
When Villagran became governor of Chile, he believed that the power of the Araucanians had been broken ; but neither he nor his pred- ecessors properly appreciated the character of this remarkable people, whom they fancied they had overthrown. Molina calls the Arau- canian the " invincible." and says " he cannot be made to submit to the bitterest reverses of fortune. His losses themselves, so far from dejecting or dismaying him, appear to inspire him with more strength and valor."' Vil- lagran died, leaving h^ fld^^t sot] Ee<iy<xJux suQcg^d-iiim, and yet the Araucanian was not subdued.
The spirit of the Araucanians is expressed in the reply which the Araucanian ambassador is said to have made to the governor of Chile in the last decade of the sixteenth century. The
* History of Chile ^ ii., 176.
152 SPANISH RULE IN AMERICA
governor had endeavored to impress the am- bassador with an idea of the great power of the king of Spain, and to make evident the ne- cessity of submission on the part of the Arau- canians.
" We are not ignorant," the ambassador repHed, *' of the power of your prince, which extends from the east to the west. But we are not to be despised, for aUhough we are but a small people, we have nevertheless hitherto resisted his immense power. Your ideas respecting peace are very different from ours. By peace we understand an entire cessation of hostilities, which is to be followed by a complete renunciation on your part of any pretended right of control over us, and the restoration of all those lands which you have occupied in our territories. You, on the contrary, under that name, seek to subject us, to which we will never consent while we have a drop of blood left in our veins," '
This speech may have no more authenticity than many other speeches reported by histo- rians; but that it represents the spirit of the Araucanians is sufificiently indicated by the events of their long struggle with the Spaniards.
From year to year the war with the Arauca- pians continued without the prospect of a near lend; and it was evident that while it lasted there was little hope of bringing the Indians to
Molina, ii., 215.
THE CONQUEST OF CHILE 1 53
adopt the Christian faith. Louis Valdivia, a Jesuit, went to Spain in the early part of the seventeenth century, and presented this aspect of the case to the king, Philip III. Wishing to remove all obstacles to the conversion of the Indians, the king proposed that the river Bio- bio should be the boundary between the Span- ish and the Araucanians, and that the war should be terminated by a permanent peace. But this plan could not be carried out. There were enough persons interested in having the war continue to defeat the peace policy.
After {^b^nt t^hi^'^yj{;^^J!;U2f--"^^'^^ wnlx^U-r.
rupted ^ar with the Araucanians, there was still no prospect of permanent peace, and the difficulty of controlling and protecting the Chilian settlements from Lima became appar- ent. In order to remedy this defect and furnish an authority for the government of Chile independent of the audiencia of Peru, PhiH2^II. was finally iTioved_to.j.gtjip-the--royal audiencia of Chile. This bo(jy was cgmposed of four judges and a fiscal. It took up its resi- dence in Concepcion, in August, 1567, and under its authority Ruiz Gamboa was placed in command. qL the arpiy.
The rule of the audiencia had many of thei weaknesses of a government by a council/ These were specially conspicuous here, in the presence of a determined and unsubdued enemy.
154 SPANISH RULE IN AMERICA
In 1568, therefore, in order to avoid these evils, and to give greater concentration of authority, Don Melchor de Bravo was made president of the audiencia, civil governor, andmUitaxy com- mander, with_£2^ensive3IW£J's in each depart- ment. This order of things, however, did not last long, for in_i575 a special cornmissLoner arrived from the court of Spain, empowered to reorganize the government. On his advice the audiencia was dissolved, on grounds of econ- omy, and the members ordered to return to Peru. Philip II. then appointed Rqdrigo Quiroga to. the office of governor.
Quiroga died in 1580, and when his death had become known in Spain, Don Alonso Sot<imayor was appointed to succeed him. On the way to Chile, Sotomayor landed at Buenos Aires with a troop of six hundred men, in 1583, and proceeded across the continent to Santiago. During all the governmental changes through which Chile passed at this time, the barbarous war with the Araucanians continued with such equal fortune as to put off indefinitely the day of final victory.
When Garcia Ramon became governor sijid at_thLe__same time captain-general of-Xlhile, he received a thousand soldiers from Europe and two hundred and fifty from Mexico, which raised the number of regular troops under his command to three thousand. This army he
THE CONQUEST OF CHILE 1 55
directed against the AraucanTctTTST^trtrr^ short time it was completely overthrown, and the soldiers, almost without exception, were either killed or taken prisoners, or scattered. This disaster led the court of Spain to.jcQake special provision for defending the frontier. In 1608, orders were issued that a force of two thousand men should be maintained to protect the Spanish settlement against the Araucani- ans, and for their support 292,279 dollars were annually appropriated from the treasury of Peru.
During the administration of Garcia Ramon, in September, 160Q, the audiencia, which had been suppressed thirty-four ^years before, was re-established. The residence of the audiencia was fixed at^gjltiago, and Ramon now enjoyed the title of president of the audiencia in addi- tion to those of governor and captain-general. But he died about a year later, and in accord- ance with a decree passed at the time of the re-establishment of the audencia, the oldest judge, Don Louis Merlo de la Fuente, suc- ceeded to the presidency, and assumed the control of the government.
The Araucajpianwar was finally.,.ended after almost a century's duration. On the part of the Spaniards, this was accomplished by Don Francisco Zufiiga, Marquis de Baydes, who arrived in Chile as governor in 1.640. The treaty of peace was concluded and ratified early
156 SPANISH RULE IN AMERICA
in the following year. As a re^sulLoi- this-tf e^ty prisoners-ja^£lS-^released, commerce was estab- lished between the two peoples, deserted lands were repojmlated, and the missionaries began their effQrta,.^to_coTivert the Indians. In view of this treaty SeTeaFwas entertained on the part of the Araucanians that the Spaniards de- signed to make them unused to arms with the view of ultimately conquering them ; while the Spaniards feared that in peace the Araucanians would increase in numbers and finally become masters of the whole country. The Bipbio was made the line of division between the ter- ritories of the Araucanians and the Spaniards. The Araucanians recognized the king of Spain as the feudal superior, and the Spanish troops withdrew from the forts of the Indians' terri- tory. The peace lasted fiftega4^£ars, wljfiuit was interrupted by the Araucanians, under the pretext that the Spaniards had encroached upon their territory. Hereafter hostile, rela- tions were mainta,iaed_till_j724, when a_new peace 3^as formed, which was observ;.^^ ^11 1766. But mutual suspicion and the natural antagonism of different races made it diffi- cult to obtain a permanent peace. Yet, in iZ§P» tliei.e..was formed at Santiago a treaty, in obedience t^which the Araucanians were maintained in a state of tranquillity during the rest of the colonial period. Under this treaty
THE CONQUEST OF CHILE 1 57
they maintained a representative at Santiago, commissioned to watch over their interests, and to cause their rights to be recognized and^ respected by the captain-general.
In the first half of the eighteenth century, under the rule of Gonzaga, an attempt was made to have the Araucanians live in cities. When informed of this project, the national council of the Araucanians resolved, in the first place,
'*to delay as long as possible the business, by equivocal replies and delusive promises ; then, when pressed to commence building, to require from the Spaniards tools and other necessary aid ; to have recourse to arms whenever they found themselves obliged to begin the work, but to act in such a manner that only the provinces that were compelled to build should declare war, the others remaining neutral in order to be able to mediate a peace ; to come to a general rupture whenever they found that the mediation of the latter would not be accepted ; to allow the missionaries to depart without injury, as they had nothing to accuse them with but of being Spaniards ; and to choose im- mediately a Toqui, who should attend to the exe- cution of these regulations, and to have everything in readiness to take the field as soon as circum- stances should require it." *
In the eighteenth century the governor, or
* Molina, ii., 258.
158 SPANISH RULE IN AMERICA
captain-general, of Chile acquired a new im- portance, in that it became to a certain extent customary for the holder of this office to be promoted to some more desirable post, often to the position of viceroy of Peru. Next to this chief officer in importance stood the royal audiencia. As a tribunal, this body, through its two branches, exercised civil and criminal jurisdiction. Its judgments were final, except in cases involving more than ten thousand dollars. These might be appealed to the Council of the Indies. Other important courts were the court of finance, of the crusada, of vacant lands, and the tribunal of commerce.
The kingdom of Cliile._was~divid€4 into thir- teen provinces, which were governed by officers known at different times as corregidors, pre- fects, and sub-delegates. The original inten- tion of the law appears to have been that they should be appointed by the king, but the great distance of this region from the Spanish court made it inconvenient to carry out this intention, and itJa€caiiie_cu^stomary forjth^£aptain -general to -5-££2ii}L.tb^^- Like their superior, the captain-general, they exercised both civil and military functions. They served without other pay than the fees of their office. It was de- signed that the capital of each province should have a municipal organization, called a cabildo, composed of two alcaldes, a high sheriff, a
THE CONQUEST OF CHILE 1 59
judge, a procurator, and a council of regidores. The alcaldes were chosen annually by the cabildo, and had jurisdiction in the first in- stance in both civil and criminal cases. In judicial affairs, their powers were not greatly unlike those of a justice of the peace.
The military force of the country consisted of the regular troops, the militia, and certain companies of dragoons supported by the munic- ipality of Santiago. In the last decade of the eighteenth century the veteran troops of Chile numbered one thousand nine hundred and seventy-six men. At the same time there were nearly sixteen thousand men enrolled in the militia. The companies of city militia served as aids to the police, guarding prisons and es- corting criminals, but by their militia service they were not exempt from the duties of the ordinary military service.
After the destruction of Concepcion by an earthquake, the city of Imperial became.- the capital o^ -^ hJ'illf^pHrij in Tjfn The territory embraced in this diocese was the southern por- tion of Chile, extending as far north as the river Maule. But in the last decade of the eighteenth century, there were two dioceses in Chile, the one having its centre at Santiago, the other at Concepcion. One comprised that part of Chile extending from the southern border of Peru to the river Maule. and also
l6o SPANISH RULE IN AMERICA
the province of Cuyo. The other diocese em- braced that part of Chile south of the river Maule. The power of the Inquisition was also felt in Chile before the end of the colonial period. It rested on a firm basis at Lima, and had established a commissioner and several subordinates at Santiago. The late develop- ment of this part of South America is indicated by the fact that prior to the outbreak of the revolution, there was no printing-precis in Chile. The first one established there wasJjijbSJ-i* In February of this year, La Aurora de Chile began to be published. This was long after the introduction of printing into Mexico, Peru, and Buenos Aires,
'\lA^ "-^rT J&M^ ^T*^
CHAPTER VII
VENEZUELA AND COLOMBIA
IN the early years of Spanish dominion, the northern gart of South America was within the limits of the jurisdiction of the audiencia of San Domingo, while the territory of Ec.u^- dor was under the immediate control of the audiencia of Quito, which recognized the vice- roy of Peru as its superior. The audiencia of San Domingo might and did interfere in con- flicts between the Indians and the settlers, and to this end employed a commissioner to mediate in the affairs of the contending parties. In 1 527, John Ampues was sent on a mission of this sort to the region now occupied by ysngz- uela, and was accompanied by sixty men. He wj^ //
founded the city of Coro, under the name of fit.^fi^-pi,^ Santa Ana de Coro, which became the seat J,t^aUw»i.^vi of the government of this region, and main- s-,^.^ a^ tained this distinction until 1576, when Caracas was made the capital.
" 161
1 62 SPANISH RULE IN AMERICA
The wars in which Charles V. was engaged, and the ordinary undertakings of his govern- ment involved him in expenses which exceeded his regular revenues ; and to supply the deficit he had recourse to borrowing. Conspicuous among his creditors were the merchaxUs— el- Aiigsburg, especially the commercial house of Welser. These merchants demanded of the emperor in consideration of loans already made, and of others which it was expected he would require, that the province of Venezuela should be granted to them as an hereditary fief of the crown. The province as granted em- braced the coast from Cape de la Vela to / Maracapana, and extended indefinitely into the interior. The principal conditions of the grant were: (i) That the Welsers, within two years, should found two cities and three forts; (2) that they should arm four ships for the trans- portation of three hundred Spaniards and fifty master-miners who should be employed in working the mines for the benefit of the com- pany; (3) that the emperor should grant the title of adelantado to the person whom the Welsers should nominate; (4) that the emperor should allow the Welsers to receive four per cent, of the king's fifth of the product of the mines, and another portion of land twelve leagues square, which they might choose in any part of the conquered country; (5) that
VENEZUELA AND COLOMBIA 1 63
the company should have power to make slaves of the Indians who should refuse to submit without force. These provisions were not car- ried out, except in so far as their execution would be advantageous to the Germans. The sixth provision was so construed as to warrant the settlers in reducing to slavery all Indians that fell into their hands.
" The execution of this fatal treaty was com- mitted to Ambrose AJfinger, whom the company nominated governor of their new territory. Another German, named Sallier, was appointed his lieuten- ant. Four hundred adventurers formed the body of the expedition, who left Europe in 1528, and arrived the same year at Coro. The government was willingly resigned by John Ampues in favor of Alfinger, who soon informed himself of the re- sources which the country presented for the grati- fication of avarice. He expected to find there mines of gold more abundant than those of Cibao and Mexico, whose renown at that time resounded all over Europe. But when he learned that there was no mine wrought there ; that the Indians formed but small scattered settlements, and were totally unacquainted with every sort of luxury ; that gold there was not manufactured into coin ; and that the only use made of some particles of that metal which the inundations of the rivers con- veyed, or chance presented upon the surface of the earth, was limited to some trinkets, without any
164 SPANISH RULE IN AMERICA
Other artificial preparation than what they received in moulds coarsely made : when he observed, in short, that the means of accumulating riches were not so easy there as he had imagined, he adopted the pernicious plan of penetrating with an armed force into the interior of the country, in order to commit depredations on the inhabitants, and dis- pose for money of all the prisoners he could take." ^
For eighteen years the Welsers continued to ravage this unfortunate country. Alfinger was killed by the Indians in 1531, when the control of the undertaking fell into the hands of his lieutenant. But in 1433 Georg;e Spira was sent to be the governor of the colony. He took with him four hundred men from Spain and the Canary Islands. With these he con- tinued the policy of his predecessor, and for five years he scoured the wilderness for gold and slaves. In 1539 he returned to Coro with only eighty of the four hundred men with whom he had set out. The next year, 1540, Spira died on the return voyage from San Domingo, and the headship of the colony was conferred upon the bishop of Coro, Rodrigo de Bastides." The bishop had been four years in the country, and there is no evidence that he had protested
' Depons, i., 24.
^ Caracas became later the ecclesiastical capital of the coun- try, and Bastides was counted as the first of the bishops. For a complete list of the bishops of Caracas, see Restrepo, His- toria de la Revolucion de la Ri-ptiblica de Colombia, i., 595.
VENEZUELA AND COLOMBIA 1 65
against the abominable practices of Spira. He had not only been silent, but, having succeeded I ^
to the place of chief authority, he even followed I vJ^c
the example of his predecessors. He sent an ^ expedition against the Indians of Maracaibo,"^
the example of his predecessors. He sent an ^'.^J^^A/r'^ expedition against the Indians of MaracaibOj'^'^^v^X^ which returned a small amount of gold and five'tJ^|/J^
hundred Indian slaves. Another expedition v sought El Dorado, but the gilded prince was not found, and a few more outrages were added to those which marked the rule of this com- pany. Almost the only effort in behalf of civilization during the eighteen years of the Welsers* domination was the founding of the ity of XacJiyo, in 1545, by Governor Cara-
rvajal. Its first population was fifty-nine Span- iards ; its government was placed in the hands of two alcaldes and four regidores. This was the only municipal establishment made in Venezuela under the German company.
In 15^, Charl£s_\L-.-resGixided the grant which had been made to the Germans, aad- the province of Venezuela reverted to the crown. It was then placed under a governor senF from Spain. The effect of this change was to diminish plundering expeditions, and to increase the security of property. Under the new order of things, the Indians, instead^ of being captured and sold as slaves, were dis-^^ tributed among the Spanish settlers under thel law of encofnie7idas.
l66 SPANISH RULE IN AMERICA
The first of the governors who directed the
affairs of Venezuela after the province was
brought immediately under the king was Juan
Perez de Tolosa, who died in 1548. During
the second half of the sixteenth century the
/history of Venezuela is made up of accounts of
I exploring expeditions, of the founding of towns,
and of wars with the Indians. It was not until
near the close of the seventeenthjcxntujcyJJaat
I the conquest was complete ; but in the mean-
1 time the country suffered under repeated at-
! tacks of freebooters and pirates.
I In the early part of the eighteenth century, the trade between Venezuela and Spain passed into the hands of the Compania Guipuzcoana. This company was composed of a number of Biscayan merchants, who offered to put an end to the contraband trade with Venezuela, on condition of receiving the monopoly of trade with that province. Under the original form of the grant the company was permitted to send annually two vessels of forty or fifty guns, carrying products of Spain to the port of La Guayra, and was charged to seize all vessels engaged in the contraband trade. In 1734 the privileges of the company were enlarged ; it might send any number of vessels desired, and dispatch them from the ports of San Sebastian and Los Pasages as well as from Cadiz. The spoils of the contraband vessels captured were
VENEZUELA AND COLOMBIA 1 67
divided betw^eiv the -G4^ew and the company, so that the former might get one third, and the latter two thirds. The law prohibiting trade [ between the colonies was so far suspended in i favor of the company that it might send to; Vera Cruz the cacao which it was not able to ship to Spain. All cases concerning this trade requiring a judicial decision might be referred to the governor of Caracas, and from his de- cision an appeal might be taken to the Council of the Indies. Although the comj^iny^erijpyed a practical monopoly of this trade, yet the king f might createTfival, by granting similar privi- i leges to others in case the company already j established did not bring him the desired ad- I vantages. The liability of being obliged to carry on this trade in competition with another company made the existing company careful to meet the expectations of the king. In the course of time, however, the possibility of rivalry was in a measure removed. By the decree of 1742, the privilege of exclusive com- merce with at least a part of the territory was granted, and ten years later the region of its exclusive control was enlarged. This naturally excited the fears of the inhabitants, and for a long time the company encountered opposition from the side of the people. The fact that the privilege of exclusive trade had been sought and obtained by the company was all that was
1 68 SPANISH RULE IN AMERICA
necessary to awaken these fears and arouse dis- content on the part of the inhabitants. This discontent was, however, in some measure abated by the agreement reached in 1750, to form an assembly composed of members of the company and planters in equal numbers, in which the governor-general of the province of Venezuela should preside, and w^hich should fix the price to be paid by the company for cacao. In case some of the inhabitants were not satisfied with the price thus established, they might send a sixth part of their cacao to Spain on their own account in vessels belong- ing to the company. Apparently to avoid extortion, the company was required to sub- mit for approval to the superior governmental authority of the province a schedule of the prices at which it was proposed to sell the wares brought from Europe.
The success of the company depended on its being able to stop the operations of foreign traders and to transfer to itself the trade which they had carried on. This involved it in an annual expense of two hundred thousand dol- lars, in supporting ten vessels, containing eighty-six guns and five hundred and eighteen men. At the ports participating in this trade warehouses were constructed, and wharves and other facilities for landing and loading goods were provided. And this activity of the com-
VENEZUELA AND COLOMBIA 1 69
pany contributed to the development of the country, as seen in the increase in the number of towns and in the extension of the area of planting. Six vessels of at least three hundred tons each were sent annually by the company to the province, and to the previously existing trade in cacao was added a trade in hides and tobacco, and through this increase in the busi- ness of the province the duties became adequate to cover the expenses of the government, a state of things which had not existed for two centuries. " In short, everything in the prov- ince of Venezuela assumed a cheerful aspect, an air of prosperity not seen in any other Spanish possession." '
In the course of time the company yielded to the temptation to corrupt the assembly that had power to fix the prices of the articles in- volved in its trade. In alliance with the Dutch of Curagoa, it took part in the contraband trade, and by depriving the mother country of its proper duties, it added to the evils which it had promised to abolish. But the inhabitants of the province, as well as the company, found an advantage in the unlawful trade, and it be- came increasingly difficult to prevent it. Spain was obliged to acknowledge that here as well as in other parts of her American possessions the restrictive system had failed, and Venezuela,
' Depons, ii, 18.
170 SPANISH RULE IN AMERICA
during the last quarter of the eighteenth cen- tury, shared with the other provinces of Span- ish America in the advantages of freedom estabHshed by the decree of 1778. The object in discriminating between the large and the smaller ports, and in making a lower rate of duties for the smaller ports, was to encourage trade with them, which might not otherwise prove to be profitable.' The major ports of the captaincy-general of Caracas were 'La Guayra, Porto Cavello, and Maracaibo, while -^Cumana, Barcelona, Margareta, and Guiana were the minor ports. If, after landing, goods were transported from a major to a minor port, the difference between the two rates of duties was refunded to the shipper; but, on the other hand, if goods were carried from a minor to a major port, this difference had to be added to the duty already paid.
Under the monopoly of this company, there was an important revival of the commerce and agriculture of the colony. The number of articles cultivated for commerce was increased, but the control of the monopoly became op- pressive. Yet in spite of the popular opposition, which in 1749 nearly plunged the country into civil war, the company retained its privileges till 1778. It was succeeded by the Compafiia Filipinas, which lasted, however, only till 1780. ' Depons, ii., 22.
VENEZUELA AND COLOMBIA I7I
During the later years of Spain's domination in Venezuela, the king was represented in the government of the province by a captain- general, whose position and powers with re- spect to public affairs were not greatly unlike those of the viceroy. He was president of the audiencia; he was at the head of the military establishment ; and as the highest officer of the province he was charged with its internal ad- ministration and foreign relations. He might report to the Council of the Indies in criticism of the action of the audiencia, and " even direct secret inquiries against any member " of this body suspected of illegal conduct. In cases where the law failed to specify the re- quired action, the captain-general might take such measures as seemed to be demanded by the public welfare. But in this field he was restrained by the consideration of the trial that might follow the close of his term of service. In addition to his administrative and judicial powers, he might appoint various subordinate ofificers, and fill provisionally certain vacancies which could be filled permanently only by the king.
The term for which the captain-general was appointed was seven years, and the amount of his annual salary was nine thousand dollars. The perquisites of his ofifice and the sums re- ceived in his capacity as judge amounted to as
172 SPANISH RULE W AMERICA
much as his specified salary. It was apparently the intention of the makers of the law under which he held oflfice, to cause him to^stand apart from the people he governed. He rnTght not engage in business, or enter into close social relations with his subjects. But, like other officers, at the close of his term of office he was subject to the trial known as residencia. For a period of seventy days citizens of all classes had an opportunity to bring before a properly commissioned judge complaints against the captain-general concerning any abuse of authority of which he was thought to be guilty. If any charge was made, the judge took the succeeding period of seventy days to examine and render a decision in the case. The case with the decision rendered was then passed on to be finally determined by the Council of the Indies. In 1799, trials of this kind, to which all the authorities of the Indies had previously been liable, were confined to the viceroys, captains-general, presidents, po- litical and military governors, intendants, and corregidors.*
Until 1713. this. province remained. within the jurisdiction of the audiencia of San Domingo, when it passed under the authority of the audiencja of- -Santa F6. But a few years later it was transferred to its original superior, and
' Baralt and Diaz, Historia de Venezuela, i., 306.
VENEZUELA AND COLOMBIA 1 73
in 1286 it was. brought under the new audiencia of Caracas, whose jurisdiction had the same
territorial extent as that of the captain-gen- eral, and embraced the districts of Venezuela, Maracaibo, Cumana, Varinas, Guiana, and the island of Margareta. In addition to the secu- lar courts, there were other tribunals that took cognizance of ecclesiastical affairs exclusively.
Atjiie-iiead of the financial administration of the captaincy-general stood the intenddnt, whose authority extended over the whole terri- tory subject to the captain-general. In con- ducting the affairs of his office, he was assisted by the governors of the several districts, who acted as his deputies. In the constitution of his office he was given a large measure of inde- pendence. He might impose any regulation which appeared to him expedient in the finan- cial management of his province. All payments from the treasury had to be ordered by him. He might fill provisionally any vacancy which occurred in the administration. The legal term of his office was five years, and his an- nual salary was nine thousand dollars, with fees amounting to as much more.
The consulate. a^trib-imaLfor the adjudication of cases involving commercial affairs, was one of the most important institutions of the later years of the colonial dependence. It was es- tablished in various parts of Spanish America,
174 SPANISH RULE IN AMERICA
but established at Caracas by a decree of June 3, 1793. It was formed after the model of the consulate of Seville. It was composed of the intendant, who was the president, a prior, two consuls, nine counsellors, and a syndic, together with their deputies. These members held office usually for two years, one half of them being renewed by an election held on the 5th of January of each year. Besides these, there were five permanent members, namely, an assessor, a secretary, a registrar, and two porters. All white persons of reputable lives, except ecclesiastics, were eligible to mem- bership. At first the annual salaries ranged from $160 to $800. The prior received $600, a consul $400, the syndic $300, the secretary $800, with $300 for a clerk, the assessor $5(X), the registrar $400, and each porter $180. By a decree of January 12, 1796, these salaries were increased so that a prior received $1600, a consul $1400, a syndic 1200, a secretary $1400, with an allowance for a clerk, an as- sessor $1500, a registrar $1000, with $300 for a clerk, and each porter $300.
The revenues of the consulate were derived from fines and from a duty imposed on imports and exports. This duty, taking all articles into consideration, amounted to about one per cent, on commodities imported from or ex- ported to Europe or other parts of Spanish
VENEZUELA AND COLOMBIA 1 75
America; and three per cent, on commodities imported from or exported to foreign colonies. There were certain exceptions to this method of reckoning, as when mules and horses paid a dollar a head without regard to their value.
In its jurisdiction and form of procedure the consulate of Caracas followed the essential pro- visions of the laws under which consulates were established in Mexico, Peru, and other parts of Spanish America.' " All disputes which arise between the merchants or retail dealers and their associates and deputies, on matters relating to commerce, such as purchases, sales, exchanges, assurances, partnership - accounts, freight of vessels — in a word, on everything recognized by the consulate of Bilbao," were clearly within the jurisdiction of the consulate of Caracas; and by a decree of July, 1795, it was given cognizance of " all causes relating to damages, or bargains contracted between the captains of merchant vessels, and merchants interested in their freight and cargoes."' Although the territorial jurisdiction of the consulate of Caracas was coextensive with the jurisdiction of the captain-general, yet for the greater convenience of the parties con- cerned deputies were appointed for the ports of Maracaibo, Coro, Porto Cabello, Cumana, La
' Recopilacion de las Indias, Libro ix. , Titulo 36. ' Depons, ii., 77, 78.
176 SPANISH RULE IN AMERICA
Guayra, and Margareta, who were empowered to try all cases that might legitimately come before the consulate. The deputy in each port might nominate two persons to assist him. From decisions rendered by the deputies, as from decisions by the ordinary tribunal, an ap- peal might be taken to the alzadas. a-court of appeal composed of the intendant and two judges nominated by him. The decision of the consulate was final for cases involving eight hundred dollars or less, but cases involving much smaller sums might be appealed from the deputy's court. In Cumana, Porto Cabello, and Maracaibo a case of more than two hun- dred dollars; in Guiana and Coro a case of more than one hundred dollars; and in the island of Margareta a case of more than fifty dollars might be appealed. An appeal might also be taken from the deputy to the consulate. If the consulate confirmed the deputy's decision there was no further appeal ; but if the deputy's decision was modified a further appeal to the alzadas was permitted.
In addition to its activity as a court of jus- tice, the consulate was expected to take the initiative in certain matters of administration not concerned with the judiciary. In this capacity, it was required that the prior, the two consuls, their assistants, the syndic, and their respective deputies, the secretary, the
VENEZUELA AND COLOMBIA 1 7/
paymaster, and the treasurer should assemble twice a month, and any officer absent from the assembly was liable to a fine of twenty dollars. The assembly was permitted to correspond directly with the king, and was required to suggest to him such measures as might further the development of the agriculture, industry, and commerce of the province. Through itar power to encourage the making of good roadsj to cause the harbor of La Guayra to be im- proved, and to help render navigable such rivers as might serve for the transportation of prod-' uce, it was in a position, with enlightened activity, to advance the material prosperity of the province. But zeal was wanting, the op- portunity was neglected, and the expectations of beneficent achievements were not realized. There is no evidence of improvement under its influence. On the other hand, in the last dec- ade of the eighteenth century, the exportations show a marked decline. Comparing the period of four years, from 1792 to 1796, with the fol- lowing four years, from 1796 to 1800, the extent of this decline becomes manifest. The value of the exports of cacao, indigo, cotton, and coffee in the first period was 12,252,415 dollars; the value of the same articles exported in the second period was 6,442,318 dollars, showing a diminution of 5,810,097 dollars. Making all due allowance for the effect of the European
178 SPANISH RULE IN AMERICA
war, there will remain still some portion of the diminution to be attributed to the carelessness and inefficiency of the consulate.
Another side of the social development of Venezuela was seen in the establishment of schools. The first provision for education was made by the bishop of Caracas, in 16^6. He founded a college for ecclesiastics, which, in 1724, was, by royal charter, transformed into a university. Prior to this, young men wishing a secular education were obliged to visit the universities of San Domingo, Mexico, or Bo- gotd, or resort to the schools of Europe. The seminary of Merida desired a similar extension, but the king of Spain, Charles IV., refused to confer upon this institution the charter of a university, ** because His Majesty did not think it proper that education should become general in America." ' As to the education of women, it is reported that ** for fear of illicit correspondence few of them were taught even to write." With the limited opportunities for education which the colony afforded, there was little demand for the products of the printing- press, which was not set up here till the begin- ning of the nineteenth century, and even then was subject to severe censorship. The popu- lation of Venezuela at that time was about 8cx),ooo. Of these there were 12,000 whites * See Baralt and Diaz, Historia de Venezuela, i., 414.
VENEZUELA AND COLOMBIA 1 79
born in Europe, 200,000 Creoles, 406,000 of mixed blood, 62,000 negro slaves, and 120,000 Indians.
If we turn to the other portion of this north- ern region of South America, to the territory of New^Qxanada, which for a time was in political union with Venezuela, we shall find that the most conspicuous events in the early- history of this district were the discoveries and settlements on the Isthmus, the expedition up the Magdalena River to Bogotd under the command of Gonzalo Jimenez Quesada, and the two expeditions to this point from Peru and Venezuela. Belalcazar, who had come from Peru, and Federmann, who had been sent by Governor Spira, of Venezuela, yielded their rights of conquest in favor of Quesada, who had reached Bogota in April, 1537. The three forces were united, and the leaders determined together to carry the news of their discoveries to Spain. In memory of his native country, Quesada called this region the New Kingdom of &ranada, and on the 6th of August, 1538, with solemn ceremony, he established Santa Fe deJ3ogota as its capital, to which Charles V. two years later accorded the title of city. In 1548, the emperor granted to Bogotd a coat- of-arms and a standard, and in 1565 its title as the " very noble and very loyal city " was con- firmed by Philip II. Under the stimulus of
l80 SPANISH RULE IN AMERICA
reports of fertile lands and great wealth, many colonists found their way into this region carrying with them such seeds and domestic animals as would enable them to maintain an independent existence and develop the re- sources of the country. Here, as in other parts of America, the eagerness of the Spaniards to acquire wealth made them careless of the wel- fare of the Indians, who, under the cruel treat- ' ment to which they were subjected, rapidly disappeared. And the spoils which were the fruit of this oppression were even more abund- ant than the treasure of Atahualpa.' Not only was the property of the natives taken, and their lands distributed among the invaders, but the natives themselves were also reduced to the position of serfs. This assignment of lands and Indians to the Spanish settlers and the formation of a municipal council were the essential features of founding a municipality ;
i^l tfrf-iJt iti?. ^^^ ^^ ^^^ ^"^ ^^^^ ^^y ^^^^ Panama, Santa"^ U^^>Xr^- Marta, Cartagena, Cali, ^Qg^i^^dafterw^ ^^ j . ^ other cities were established.^!S^J,^.,^^^^i^^ ^WivigAijJ^J^
Of the three leaders who visited Spam toQ^^^^^ announce the discovery and settlement of this country, Federmann did not return, but went to Flanders to offer his services to the crown ; Belalcazar was granted Popayan and the prov- ince of Antioquia. Quesada was given the
* Pereira, Les Etats-Unis de Colombie, 7.
VENEZUELA AND COLOMBIA l8l
title of marshal and appointed a regidor of the municipality of Bogotd with an income of three thousand ducats.
The first attempt to remove the inconven- iences caused by the lack of a general and stable government was the establishment of a royal audiencia at Bogota, in 1550; but this was not eminently successful on account of the abuses instituted or tolerated by the members. Fourteen years later the colony was converted into a presidency, and Andres Venero de Leyva was made the first president. Leyva's wisdom and activity contributed much to the well-being of his subjects. He established schools, de- creed rules and ordinances for the good govern- ment of the cities, caused roads and bridges to be constructed, encouraged the raising of mules, as a means of facilitating transportation, introduced coinage, prohibiting payments in gold dust, and obliged the encomenderos to live where they held their lands and serfs, in order that they might '* fulfil the duties which the law imposed upon them with respect to the Indians, instead of abandoning them to the brutality of the mayor domos. " Leyva governed the colony from 1564 to 1575, and during the following one hundred and sixty- five years a long series of governors came an went without producing any important chang in the character of the administration. The
1 82 SPANISH RULE IN AMERICA
populaUon^eltjthe hampering force of Spain's restrjctiyie system, and advanced yeryslo^yly in civilization. The inhabitants in the interior, about Bogota, suffered not only from Spanish legislation, but also from their geographical isolation, while the towns on the coast were impeded in their development by a constant fear of pirates, and by the frequent plundering expeditions to which they were subjected.
In 17 1 8 the presidency was transformedj^nto a viceroyalty, but the govern«ieiit i^emained in this form only four years, and was then re- duced again to its former rank. The viceroy- alty was, however, finally re-established in 1739, and in it was included not only the terri- tory of New Granada, but also the presidency of Quito. At the same time the audiencias of Panama and Quito were abolished, and politi- cal authority was centralized in the viceroy and audiencia of Bogota. The viceroyalty, under the title of the New Kingdom of Granada, em- braced the provinces of Tierra Firme, Carta- gena, Santa Marta and Riohacha, Antioquia, ^^ Pamplona and Socorro, Tunja, Santa F^, Neiva \ and Mariquira, Popayan and Pasto, together with Maracaibo, Caracas, Cumana, and La Guayana, the territory of the later republic of Venezuela, and Quito, Cuenca, and Guayaquil, territory later embraced in the republic of Ecuador. The administration of the first vice-
VENEZUELA AND COLOMBIA 1 83
roy, Don Sebastian de Eslaba, was marked by the noteworthy and unsuccessful attack of Ad- miral \Jernon, who first took Porto Bello, and then directed his forces against the city of Cartagena. The English force in this attack comprised 28 vessels of the line, 12 frigates, and 130 transports, carrying 9000 soldiers, 2000 macheteros from Jamaica, and 15,000 marines. Against this attacking force the viceroy was able to bring only about 3000 men, of whom only 1 100 were regulars. Yet the achieve- ments of the English were not in keeping with their great preparations. They had evidently planned to assume a position of permanent ad- vantage in this region, yet they were obliged to retire with the loss of about one half of their force, and with their purpose unat- tained.' This successful resistance on the part of the Spanish left the viceroy's government free for a number of years to carry out internal improvements, to construct roads, bridges, and aqueducts, to introduce a better financial or- ganization of the colonies, to develop manu- factures of tobacco and powder, and, with the books left by the Jesuits on their expulsion, to establish a public library. A few years later, however, the internal peace was disturbed by an uprising of the Indians, whose principal
^ Restrepo, Historia de la Revoltuion de la Republica de Colombia, i., 4-9.
1 84 SPANISH RULE IN AMERICA
grievances were the tribute, the alcabala, and the rigor with which these taxes were collected. This rebelHon reached its severest phase in Quito, where it is reported four hundred per- sons lost their lives in the hostilities which attended it. By the interference of the bishop and the clergy the commotion was allayed, and in the name of the king the audiencia promised a general armistice. During this rebellion at Quito, peace was maintained in other parts of the viceroyalty.
For the New Kingdom of Granada, as well as for other parts of the Spanish dominions, the most important event of the last half of the eighteenth century was the publication of the new comrnercial code. Another event of no little significance for the welfare of the people concerned was the separation oi the territory of Venezuela from the viceroyalty. The difficulties of communication had made good government in this province, from Bo- gota, practically impossible, whence the re- establishment of the individuality of Ven- ezuela under a captain-general, in 1777, was in the interest of a more effective administra- tion.
The fiscal reforms that were undertaken in the last quarter of the century aroused great dissatisfaction. This was made manifest in the uprising of 1781, which began in the town of
VENEZUELA AND COLOMBIA 1 8$
Socorro. At first the church lent its influence to aid in the restoration of order, but ultimately- religious ceremonies failed to allay the popular excitement. Prisoners were set at liberty, efforts to preserve order were defied, and the towns declared themselves free from the taxes that had been imposed upon them. The most objectionable of the fiscal reforms attempted was the monopoly of tobacco assumed by the government. The second phase of the revolu- tion was the appointment by the inhabitants of Socorro of four chiefs who were called captains- general, and who were equal in authority. Together they constituted the Supreme Council of War. This example was followed by many other towns, but all acknowledged Socorro's superior revolutionary authority. The object of the revolution was to abolish the monopolies and the oppressive taxation which rested on the agriculture and the industries of the country ; yet there was manifest no disposition to throw off allegiance to the king of Spain. Finally, through the intervention of Archbishop Gdngoraand others, destructive hostilities were prevented and peace^was-jiestored. The am- nesty which was granted by the viceroy was confirmed by the king, who wrote to Arch- bishop G6ngora that the pacification of these vast regions was due to him, whose authority and discretion in this matter marked him as the
1 86 SPANISH RULE IN AMERICA
most illustrious member of the church in America. The recognition of Gongora's ser- vices caused him to be given also the highest secular office of the viceroyalty, which he ad- ministered with vigor and wisdom. He urged Ithat mineralogists should be sent from Spain to aid in the development of the mines of the country; he founded a chair of mathematics in Bogota; he established a botanical survey of equatorial America under the directorship of Dr. Jose Celestino Mutis; and prepared to defend the maritime provinces from attacks by the English. He undertook, moreover, to subdue the Indians of the Isthmus, to colonize the Mosquito Coast, and to relax the severe regulations concerning trade with foreigners. When he retired from his high office to return to Spain, he left the country in peace and prosperity.
A few years after the close of G6ngora's ad- ministration, in 1 791, the first periodical of New Granada began to be published. It was a weekly paper, and was called Periodico de Santa Fe de Bogota. A large part of it was occupied by articles on literature and natural history. In it were announced some of the scientific discoveries of Dr. Mutis, to whom had been committed the directorship of the botanical survey. It continued to be published throughout the administration of Don Jose de
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187
789 to
Ezpeleta, who was the viceroy from 1797.
This northern region of South America en- joys the distinction of having witnessed the earliest phases of the movement for Spanish- American emancipation.
CHAPTER VIII
RIO DE LA PLATA
UNDER the laws which regulated the trade between Spain and America, and practi- cally determined the routes of commerce, the valley of La Plata was on the extreme frontier, and it^isolation helped to give, it. a larger measure of independence in its political de- velopment than was enjoyed by other colo- nies. Signs of this independence are seen in the frequent resort to election in filling the highest ofifice of the colony, and in the per- sistent violation of Spain's restrictive com- mercial regulations.
The explorers of the valley of La Plata, like many of the other explorers of the eastern coast of America, hoped to find a passage through the newly discovered continent to the lands of the far East. Juan Diaz de Solis had this end in view when he entered the Rio de la Plata, as had also Cabot fifteen years later, in 1526. 188
RIO DE LA PLATA 1 89
But as Cabot proceeded into the narrow waters of the Parana, the hope of reaching the Pacific by this route vanished. At the mouth of the Tercero, Cabot landed and laid the foundation of San Espiritu, the first Spanish set tlemeat in this part of America. He left a number of men here, and proceeded on his voyage of ex- ploration towards the north. He went first up the Parana about one hundred and fifty miles beyond its junction with the Paraguay; then having returned to the confluence of these two great rivers, he ascended the Paraguay above the site on which was later founded the city of Asuncion. The hope of making this stream the highway over which should be carried the silver from Peru, induced Cabot to send mes- sengers to Spain for further assistance. But this region, however fertile its soil and salu- brious its climate, had few attractions for the Spaniards, and news from it aroused in them no enthusiasm. They were not anxious to possess lands which offered wealth only as the reward of the patient and persistent labor of the herdsman and the agriculturist ; conse- quently the reinforcements which Cabot asked for were never received. In 1530 Cabot re- turned to Spain to impress upon the king the importance of the territory he had added to the possessions of the crown. His services were recognized; he was raised again to the
igO SPANISH RULE IN AMERICA
position of chief pilot; and in this ofifice he continued, for the remaining thirty years of his h'fe, the general director of Spanish expeditions to foreign lands.
The colony which Cabot had established at San Espiritu had the hard fate that attended all the early attempts to occupy the region of Rio de la Plata. The one hundred and seventy persons whom Cabot, on his return to Spain, left in possession of the settlement under Cap- tain Nufio de Lara, rapidly disappeared before the hostility of the Indians, the lack of food, and the unfavorable conditions of the climate. Although Cabot's account of his discoveries did not persuade the king to furnish means for extending them, it was nevertheless influential in moving Don Pedro de Mendoza to under- take the colonization of this new country. Mendoza was a nobleman of the emperor's household, who had won wealth and distinc- tion as a soldier in the Italian wars. The sup- posed proximity of the valley of La Plata to the riches of Peru helped to convince the Council of the Indies that it was desirable to plant new colonies in this region as well as to maintain the one already established. But the \ necessary funds were wanting, and Mendoza j offered to meet the expenses of an expedition, j provided the king would confer upon him the 1 title of adelantado, and make him governor of
RIO DE LA PLATA I9I
the region he was to occupy. The privileges which he demanded were granted to him and to the successor whom he might designate. On his part, Mendoza promised to take with him one thousand men, a certain number of ecclesiastics, who should labor for the conver- sion of the Indians; and also one hundred horses and one hundred mares.* The con- tract between Charles V. and Mendoza pro- vided, moreover, " that the ransom of any- foreign sovereign who might be captured, though by law all belonging to the emperor, should be divided among the conquerors, re- serving to the crown only the royal fifth." '
The grant to Mendoza was not greatly unlike the charters of commercial corporations in later times. The holder sought to induce others to take stock in the enterprise, and pointed to the as yet unaccumulated funds as the source of salaries and dividends. At the outset he assigned to himself an annual salary of two thousand ducats, and to others compensation in keeping with the positions occupied. Don Juan de Osorio was general-in-chief ; Diego de Mendoza, brother of the adelantadoy was ad- miral of the fleet; Juan de Ayolas was chief constable ; and George Mendoza and Ulric Schmiedel were commanders of infantry. The
' Arcos, La Plata, 89 ; Pelliza, Historia Argentina, i., 58. 'Washburn, History of Paraguay, i., 15.
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prestige of this expedition and the expectations which it awakened, induced more persons to apply for enlistment than Mendoza was able to accept. When the fleet finally set sail from the port of San Lucar, on the 1st of Septem- ber, 1534, it carried not merely the stipulated one thousand, but two thousand five hundred persons, of whom one hundred and fifty were Germans, and the rest Spaniards.
The jealousy which arose among the mem- bers of this expedition during the voyage had a lamentable outcome in the assassination of Osorio. After this event the fleet went on to its destination, but through the death of Osorio the colony had lost its most conspicuous guar- anty of success. In February, 1535, a landing was effected at the somewhat unpropitious site of the present capital of the Argentine Repub- lic. A city was founded under the name of Santa Maria de Buenos Aires. A governor and judges had been appointed by the leader, and a municipal organization created, but the expected prosperity was not achieved. The stock of provisions was scanty, and the supply provided by the Indians was inadequate and uncertain. The hostility which was stirred up between the Indians and the Spaniards, through the stupidity of the colonial leaders, cut off this supply entirely. Inadequate food and unac- customed exposure prepared the way for famine
RIO DE LA PLATA 1 93
and pestilence, which rapidly diminished the ranks of the settlers. Of the two thousand five hundred colonists who came with Mendoza, there were only six or seven hundred survivors three years after their landing. At this time the colonists in the valley of the Rio de la Plata were_distributed in three divisions : those who were at Buenos Aires ; those at San Es- piritu ; and those who had gone northward with Ayolas in search of a way across the continent to Peru. San Espiritu, which had been dev- astated and abandoned, had been repeopled from Buenos Aires under the orders of Men- doza. In January, 1538, it was determined toi gather together the remnants of the several ) settlements, anj^ fnrm T npw rolop}^, These earliest settlements were, therefore, deserted, and Asuncion, in Paraguay, was established. Isolated in the interior of the continent, and neglected by the mother country, the colonists at Asuncion undertook the management of their own affairs. Ayolas, who had been made the successor of Mendoza on the latter's return to Spain, had perished in the wilderness. In order, therefore, to^irovide a leader, or head, for the colony, recourse was had_ta,an.el£ctipji by the m^mb^rs. Authority for this action was contained in the decree of Charles V., dated at Valladolid, September 12, 1537. With Ayolas's commission, there had been sent from
194 SPANISH RULE IN AMERICA
Spain letters-patent based on this decree, which provided for the election of a successor to Ayolas in case of his continued absence. Under this provision the settlers at Asuncion elected Irala governor. They organized a municipal administration, built a church, and placed it in charge of a Franciscan monk.
The rule of Irala is significant on account of the relations which he established between the Spaniards and the Indians, which were of such a nature as in a large measure to determine the character of the later population of Paraguay. In dealing with the Indians he decreed " cer- tain laws which continued to exist long after him, in spite of the contrary regulation of the mother country." ^ Under these laws, " any Spaniard might undertake the conquest of a \tribe, and become its master, holding it under jthe title of encomienda.'' In case the individ- ual's power was inadequate to the undertaking, the government might lend its aid; and the Indians thus brought into subjection were dis- tributed among the soldiers as mitayos and yanaconas.
" The mitayos were under the obligation of per- sonal labor during a specified time. 1h.t yanaconas were real slaves, but their master might not sell them nor abandon them in their old age ; he was * Arcos, La Plata, 105.
I c
RIO DE LA PLATA 1 95
obliged to furnish them food, to clothe them, and to instruct them in the Christian religion." *
The immediate heir of the conqueror might inherit his encofniendas, but at the expiration of the second life, the Indians should be free. They might then work on their own account, but should be subject to a moderate poll-tax. Indians hitherto nomadic were compelled to iadopt a settled life, to construct houses for themselves, and to submit to the municipal organization of a village or a town. A corregi- dor was appointed for the administration of justice, and the general affairs of the town were controlled by an aytuitamiento composed of two alcaldes and regidores. Although these settle- ments were composed exclusively of Indians, they were ordered in the form of Spanish municipalities."
The period of Irala's administration is, more- over, noteworthy for the practice of polygamy, which at that time became general in the colony. A treaty was made with the Guarni Indians, in accordance with which they should grant to the governor seven wives, and to each of the soldiers two. Irala espoused the seven daughters of the principal chief.
' Arcos, La Plata, 165.
'^ Azara, Descripdon / Historia del Paraguay y del Rio de la Plata, i., 253.
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" This matter appeared so natural to the Basque captain that, in his will, which has come down to us, he declared that he had taken the seven daugh- ters of the cacique as wives, and requested that the children whom he had had by them should be considered as Spaniards." '
Through this extensive mingling of the blood of the two races, and the predominance of the Indian stock, the populati(3n_of Paraguay be- canie characterize.dJ2yLXadiaaj::atlier than_by Spanish traits.
In 1542, four years after the foundation of Asuncion by Irala, Cabeza de Vaca, as adelan- tadoy and accompanied by about four hundred men, arrived, and entered upon his conquests in the region of Rio de la Plata. His instruc- tions enjoined, among other things, that he should use great care to propagate the Christian religion ; that he should take with him no ad- vocates or solicitors; that the Spaniards and Indians should be permitted to trade freely with one another, without any interference on the part of the authorities ; and that the cap- tains should act as judges in all cases, but that there might be an appeal to the adelantado, and in the last resort to the Council of the In- dies. On his arrival at Asuncion, Cabeza de Vaca was recognized by the colonists as the
*Arcos, 100.
RIO DE LA PLATA 1 97
head of all the Spanish establishments in this part of America, while Irala, as maestro de campo, held the second place. Under his ad- ministration, the neighboring Indians were subdued, and the material prosperity of the colony was increased ; but Asuncion Jgecame divided into two factions. Those_wha-had.come to_America^_:vidth--Meft4Q^a, and who, under Irala, haxLfounded^suncion , stood in opposi- tion to those who had arrived later under Cabeza de Vaca. The severity of the adelan- tado's administration tended to confirm his opponents in their opposition, and to weaken the allegiance of his followers. His attempts to abolish polygamy in the colony, and to prevent the ill-treatment of the Indians by those holding encomiendas, and other real or fancied grievances, led to his accusation and transportation to Spain for trial. He arrived in Seville in 1544, and, after years of waiting for a decision, a decree of exile to Africa was pronounced against him. Three years later, however, the decree was reversed, and the exile was recalled. Although his privileges were restored to him, he died before reaping any further advantage from them.
The prosperity of Paraguay during the first! decade after the establishment of Asuncion] suggested the desirability of giving it individu- ality in the ecclesiastical organization. In re-
198 SPANISH RULE IN AMERICA
sponse to a request from the Spanish court, the pope created the bishopric of Paraguay, and appointed Friar Juan de Barrios, of To- ledo, bishop. By reason of old age and ill- health, Bishop Barrios never assumed the duties of his charge in America. In 1555, Pedro de la Torre was appointed the second bishop of the new diocese, and immediately proceeded to take up his residence in Paraguay. His jurisdiction extended over the whole valley of La Plata; and the establishment of a centre of ecclesiastical authority here helped to make Paraguay independent of the viceroy of Peru and the audiencia of Charcas. After the division of this region into two provinces, in 1617, another bishopric was created, covering the province of Buenos Aires, thus materially limiting the territorial jurisdiction of the bishop of Paraguay.
After the departure of Cabeza de Vaca, Irala was elected governor of the colony for the second time, and later was confirmed by the crown in the exercise of his functions, under the title of adelantado. He died in 1557, having nominated Gonzalo Mendoza as his suc- cessor. On the death of Mendoza, the next year, the colony had recourse once more to a popular vote, and elected Vergara ^governor. But not satisfied with the title conveyed by the election, Vergara sought, at the hands of the
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viceroy, the royal confirmation of the powers which he exercised by the will of the people. With this design, he went to Lima, but the fact of a popular election had little weight with the viceroy, who passed over the claims of Vergara and nominated one of his officers, Juan Ortiz de Zarate, adelantado of Paraguay. Wishing the direct approval of the crown, Zarate went to Spain, appointing Cac6res a deputy at Asun- cion to act in his absence. This violation of the clearly expressed wish of the colonists revived the partisan conflicts which had filled the settlement with confusion in the time of Irala and Cabeza de Vaca. Bishop Torre led the friends of Vergara, and organized a con- spiracy which resulted in embarking Cac^res for Spain. Confusion and anarchy followed, which were not allayed even by the arrival of Zdrate with full powers derived directly from the crown. The new governor had engaged to introduce into the colony two hundred families, three hundred soldiers, four thousand cows, four thousand sheep, three hundred goats, and three hundred mares. In recognition of this obligation he had been made governor of the lands discovered by Cabot, with the right to appoint his successor. Before his death, in 1575, in accordance with this last provision, he designated as his successor the person who should marry a daughter whom he had left at
200 SPANISH RULE IN AMERICA
Chuquisaca. This proved to be Juan Torres de Vera y Aragon. Not wishing to take up the reins of government till he should be able to fulfil the obligations under which Zarate had been appointed, Vera delegated his author- ity to Juan de Garay, under the title of lieu- tenant-governor and captain-general of Rio de la Plata. In 1576, Garay entered upon the performance of his duties, and continued to control the affairs of the settlements until he was killed by the Indians in 1584. Under him many colonies were established in different parts of the territory which later belonged to the Argentine Republic. Those which were founded in the northwestern part of this region derived their authority from the viceroy of Peru. Of these early foundations in the north, Tucuman and Santiago remain, while many of them have disappeared. But the most impor- tant of the settlements made by migration from the west was Cordova, founded in 1573, by Geronimo Luis Cabrera. Cabrera's grant was received from the viceroy, Francisco de To- ledo, and extended eastward to the river Par- and, and included both banks. The same day on which Cabrera founded Cordova, with the authority of the viceroy, Juan de Garay, under the authority of the governor of Asuncion, established the city of Santa F^, on territory included in Cabrera's grant. This conflict of
RIO DE LA PLATA 201
claims was, however, set aside by Zarate's confirmation of Garay's pretensions, and the withdrawal of Cabrera to Cordova. Four years after the death of Garay, Vera came with his flocks and herds. But more important than any of these events was the_^e£Quiid4ng- of Buenos Aires, in 1580.
In 1537, the first settlers at Buenos Aires had abandoned five mares and seven horses. These had multiplied extensively by 1580, and their descendants were first brought into ser- vice by the soldiers of Garay, under whom the city of Buenos Aires had been refounded. The first sheep and goats introduced into Rio de la Plata were brought from Charcas, in 1550. This kind of stock had, however, been taken from Paraguay to Peru, and at this time brought back across the continent. But the most important basis of pastoral prosperity in this region was the stock introduced by Vera, and distributed among several of the settle- ments in the valley of La Plata.
During the period between the death of Garay and the arrival of V^ra, there was mani- fest among the settlements a strong particular- istic spirit. In want of a recognized central authority, the disrupting forces of anarchism, strengthened by the isolation of the several colonies, were conspicuously revealed. Vera, however, succeeded in restoring order ; but
202 SPANISH RULE IN AMERICA
four years after his arrival, he abandoned the government and went to Spain. After Torres de Vera, it became customary for the governor to share his authority with a deputy.
" The jurisdiction of the deputies of the gov- ernor did not extend beyond the districts of the city for which they were severally appointed, including the settled surrounding country ; and each city within the territory of the governor had one of these deputies. The governors as well as their deputies exercised the functions oi justicia mayor ^ and the latter were the immediate military chiefs of their districts." '
These officers served for periods of different lengths, being appointed for no predetermined terms. Certain matters of local administration were in the hands of the cabildos, or municipal councils. These bodies performed the ordinary functions of municipal corporations, their al- caldes administering justice in the first instance. The revenues were, however, managed by the royal officials, who also acted as judges in cases relating to these matters. The duties of police in the country were performed by alcaldes de hermandad, while these duties in the cities were performed by other appropriate subordi- nates.
' Zinny, Historia de los Gobernadores de las Provincias Argentinas, xv.
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After the final retiremejit of Vera (1587 to 1 591), recourse was had once more to an election, which resulted in the choice of Her- nando Arias de Saavedra, a native of Asuncion, for governor. This time the wish of the in- habitants was regarded, and Saavedra^s election was confirmed by the crown. He held the headship of the province from 1591 to 1594, when the viceroy of Peru appointed Fernando de Zarate to be his successor. In the brief period of Zarate's rule, England sent three ships with the purpose of taking possession of the city of Buenos Aires. This early under- taking of the English is noteworthy, in view of their later attempts to bring this rich region under their authority. Zarate died in 1595, and was succeeded by Juan Ramirez de Velasco (1595 to 1597). Velasco had been viceroy of Mexico and Peru, president of the Council of the Indies, governor of Tucuman, and admiral of the South Sea. After a brief rule of two years, he returned, in 1597, to Tucuman, and died there in 1606. Saavedra came to power a second time in 1597, and yielded the govern- orship in 1599 ^^ Rodriguez de Valdes, who had been appointed by the king.
Under Governor Valdes, the ecclesiastical and political authorities were in conflict. The commands of the governor, limiting the action of the bishop, Thomas Vasquez de Liaflo,
204 SPANISH RULE IN AMERICA
were overruled by the king, who approved and confirmed the decision of the audiencia of Charcas. Under this governor also, in 1601, appeared the first physician and the first school- master at Buenos Aires. Don Manuel Alvarez presented to the municipal council his creden- tials, asking that his salary for rendering medi- cal aid to the inhabitants might be fixed, the patients themselves being required to pay for the medicines and all other necessary materials. At this time also Francisco Victoria asked the municipal council to asign him a house where he might establish a school. Hitherto, for a period of twenty years after its foundation, the town of Buenos Aires had been without the means of public instruction. The plan now proposed by Victoria involved a monthly tui- tion of from one to two dollars for each child instructed.
In 1602 Saavedra again became governor and captain-general, appointed by the viceroy of Peru, and remained in authority till 1609. Dur- ing this period he undertook to restore order in Asuncion, and made expeditions for discovery to the Straits of Magellan and to the region of the Chaco. He made provisions for the pres- ervation and security of the archives of the province. Notwithstanding the earlier attempt to found a school at Buenos Aires, there were, in 1608, no adequate means for instructing the
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children of the city ; and, on the invitation of the municipal council, Felipe Arias de Mansilla undertook to meet this want, charging those who would learn to read a tuition fee of four dollars and a half a year, and those who would learn to write nine dollars. This venture ap- pears not to have been successful, for, some- what later, in 1610, a license to open a school in the city was granted to Alexander Taurin, and on this occasion a subsidy of twelve dollars a year for each pupil was offered by the ca- bildo. The payment might be made quarterly in flour, hides, tallow, or cattle.'
At this time not only the ordinances regu- lating the movement of goods were violated at Buenos Aires, but also the ordinances estab- lished to control emigration. In view of this violation of the law, a royal decree was issued in 1610, imposing the penalty of death on those persons who should help to secrete, or in any way favor, passengers introduced without a license from the king. And in the following year it was prohibited to give lodging to any who might come to the city without being able to present a license from the governor.'
Saavedra was in authority for the fourth time between 161 5 and 161 8. This period of his administration was marked by two important events. The first was the division of Rio de
' Zinny, i., xxiv. '^ Ibid., xxxiii.
206 SPANISH RULE IN AMERICA
la Plata into two provinces ' ; the second event was the call extended to the Italian Jesuits, Maseta and Cataldini, who laid the foundations of the missions of Paraguay.
After the division, the new province of Buenos Aires embraced the cities of Buenos Aires, Santa Fe, Corrientes, and Concepcion del Bermejo; the other province comprised Guaira, or Ciudad Real, Villa Rica, and San- tiago de Jerez. The name of Guaira was given to this province, but it continued to be gener- ally known as Paraguay. As a separate prov- ince its first governor was Manuel de Frias, while the first governor of Buenos Aires was Diego de G6ngora. After the close of Saave- dra's rule, it became customary for the gov- ernor to be promoted to Buenos Aires from the province of Cordova; and after serving here to be transferred to some post on the Pacific. The position of viceroy of Peru or Mexico was the goal of political ambition in America. The governors at Buenos Aires during this period
' The proposed division was announced in a decree by the king in 1614, in the following form : " He tenido y tengo por bien que por tiempo y espacio de tres anos mas 6 menos 6 lo que fuere my voluntad seais mi gobernador y capitan general en las dichas provincias del rio de la Plata . . . y habeis de tener y mando que tengais un teniente general en la pro- vincia de Guaira y ciudad de la Asuncion, que es lo mas desviado del punto de Buenos Aires." — Pelliza, Historia Argentina, i., 82.
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were usually military officers, who were ap- pointed for five years, but whose term of ser- vice might be extended. Besides the gradual development of the country subject to Bue- nos Aires, the attention of the governors was directed to the encroachments of the Portuguese.
The rule of Gongora as the first governor, or captain-general, of Buenos Aires, after its separation from the northern province of Para- guay, enjoyed the advantage of an extended territory which had been won from the wild tribes of the plains. Yet without mines and with very little direct trade with Spain, life in this province had few attractions. Everything which ministered to taste or comfortable living had to be imported, but on account of the commercial restrictions then existing these articles were entirely beyond the reach of the bulk of the population. In contrast with the conditions of civilized life which the denser population of Peru made possible, the life of the sparse and slowly increasing population on the plains of Buenos Aires drifted towards a state of barbarism. As long as legal restrictions on commerce placed the people of Buenos Aires in a disadvantageous position as compared with the people of Peru, it was natural for them to be impatient of their subordination to the authori- ties of Lima. On the other hand, the people
208 SPANISH RULE IN AMERICA
of Peru had grievances which provoked hostility towards the inhabitants of the region of La Plata. What was advantageous for one section was conceived to be disadvantageous for the other. The increasing contraband trade and the enlargement of the commercial privileges of Buenos Aires appeared to be an invasion of Peru's commercial monopoly and a menace to her material prosperity.
After the re-establishment of Buenos Aires, in 1580, its position was more favorable for in- dustrial and commercial growth than that of Asuncion, yet in the beginning less favorable than that of Lima, in Peru. Even before the division of Rio de la Plata into two provinces, Buenos Aires had outrun the northern city, and become the commercial and political capi- tal of the whole territory. Although easily accessible from Spain, yet the law which con- trolled the trade with the Indies made it the extreme frontier of the settlements which looked to Peru as a centre. Whatever Euro- pean wares the inhabitants of Buenos Aires consumed, at a certain period, came to them from Peru; They were taken to Lima, either by way of the Isthmus, or by the southern sea route, and thence by caravans across the con- tinent. This roundabout trade added greatly to the prices of goods from Europe, and prac- tically compelled the people at a distance from
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Lima to order their living in a manner so simple that little besides their own rude prod- ucts would be demanded. It, however, gave to the settlements in the interior of the con- tinent an importance which they would not otherwise have acquired. The conductors of the caravans carried on a private trade with the inhabitants of these settlements ; by means of the caravans the settlers had facilities for communicating with both Buenos Aires and Lima, and with the various points along the way; and the halting-places of the caravans became markets for articles of food both for man and beast, which were produced along the route.
The expense of transporting goods by land from Lima to Buenos Aires stimulated the Portuguese to carry on a contraband trade. By bringing their wares directly from Europe, and smuggling them over the border to the Spanish river settlements, they could sell them at a small part of the necessary price of goods brought from Peru.
" During the first third of the eighteenth century, this clandestine traffic had acquired such propor- tions as to change in a marked manner the aspect of trade. Through it the progress of Buenos Aires became conspicuous to such an extent that the city of Lima not only had ceased to be the market
2IO SPANISH RULE IN AMERICA
which supplied Rio de la Plata, Tucuman, and Paraguay, but also that merchants came from Peru to purchase at low prices the wares which the Portuguese imported without paying duty."
To further this trade, the Portuguese, who had established themselves at Bahia, Rio Janeiro, and other points along the Atlantic coast, were pushing their settlements towards the west and south. By the establishment of the fort at Colonia, the Portuguese not only placed them- selves in a position to increase this contraband trade, but also attempted to take possession of important territory already claimed by the Spanish. The indifference and inactivity of Spain in these matters made it necessary for the inhabitants of Buenos Aires to take the de- fence of their territory into their own hands. An army of four hundred and sixty men was organized, two hundred and sixty Spaniards and two hundred Indians. One hundred and twenty of the Spaniards were drawn from Buenos Aires, sixty from Santa Fe, and eighty from Corrientes. Under the leadership of Don Antonio V^ra y Mujica, they took possession of the fort of Colonia and made the whole gar- rison prisoners, together with the women and children at the post.
In the meantime another side of this game was played in Europe. Finally brought to
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consider the Portuguese encroachments, the Spanish court demanded, through the minister at Lisbon, reparation for the invasion of Span- ish territory in America. The negotiations dragged on till the arrival of news of the victory of Antonio Vera, when they assumed a new phase. Instead of regarding the fall of Colonia as a justification of the Spanish cause, the Portuguese pretended to find in this event a violation of their own rights, and demanded satisfaction. They even threatened Spain with hostility, in case their demands were refused. The Spaniards, however, were not willing to have these differences lead to an open breach ; and therefore an agreement was made between the two governments, which stipulated that Colonia should be rendered to the Portuguese, but on the condition that they should erect no defensive works or make no permanent settle- ments on disputed territory, until special com- missioners had determined whether Colonia had been founded within or without the line established by the treaty of Tordesillas. Ques- tions on which the commissioners could not agree should be referred to the pope for final decision.*
When the commissioners met to adjust the conflicting claims, Portugal wished delay, and found some ground of objection to every prop-
' Calvo, Coleccion de Tratados, i., 176-189.
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osition made by the opposite party. It was finally determined to refer the matter to the pope; but there were still objections, and twenty years passed without a solution. After the accession of the Bourbons to the Spanish throne, Colonia was ceded to the Portuguese, but the cession was revoked in 1704, and the defence of Spanish rights was intrusted to the viceroy of Peru. By his order the Portuguese were driven out, and Colonia, with the artillery and munitions of war which had been gathered here, fell into the hands of the Spaniards. But this was not the end of the contest. The colony in dispute remained several years under Spanish rule, but by the treaty of Utrecht was once more ceded to the Portuguese. Under this cession, the Portuguese claimed the country between the Uruguay and Parana rivers, but the governor of Buenos Aires relinquished only what might be demanded under a strict inter- pretation of the treaty, namely, the little village and a narrow belt of the surrounding territory.* Remaining in the hands of the Portuguese,
*'This treaty is printed in Calvo's Coleccion, ii., 163-177. " In the king's letter dated at Madrid, January 27, 1720, and directed to Bruno Mauricio de Zabala, governor and captain- general of the city of Trinidad and Buenos Aires, he declares that the territory of Colonia del Sacramento is limited to the distance of a canon shot of a twenty-four pounder from the plaza, and that neither the Portuguese nor any other nation has the right to take possession of the ports of Maldonado and
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Colonia became the place of deposit for foreign wares, and the centre of an extensive contra- band trade in which Buenos Aires and other Spanish settlements had an advantageous part. Throughout the controversy as to the title to Colonia and the neighboring regions, both parties recognized the necessity of abiding by the treaty of Tordesillas, but they were not agreed as to the starting point from which to begin to measure the three hundred and seventy leagues, a point which had been left without definite determination in the treaty. The Por- tuguese insisted on starting from the island of San Antonio, the most western of the Cape Verde group, while the Spanish were willing to make the island of San Nicolas, midway be- tween the extremes, the point of departure. Another difficulty arose from the imperfection of the maps, and from a lack of the requisite knowledge and means for accurate measure- ment. After a number of unsuccessful at- tempts to fix the line of demarcation between the Spanish and Portuguese possessions in America, another treaty between the two
Montevideo nor to fortify themselves in them. The governor was, moreover, instructed to see that in determining this dis- tance the piece used should be an ordinary twenty-four pounder, that it should be given a charge suitable to its cali- bre, that the powder should be such as is ordinarily used for cannon, and that the cannon should be discharged without elevating the muzzle." — Calvo, ii., 167, 242.
214 SPANISH RULE IN AMERICA
powers was finally formed in 1750, which, it was agreed, should serve as the fundamental rule for determining the limits of these posses- sions. This treaty superseded Avhatever action had hitherto been taken, whether by the bull of Alexander VI., the treaties of Tordesillas, Lisbon, and Utrecht, or by any other conven- tions or promises, and determined that the boundary between the two territories in ques- tion should be only that which was prescribed by the articles of this treaty. It confirmed to Spain the Phillipine Islands and others adjacent to them ; and to Portugal the lands which the Portuguese occupied on the Marafion and Amazon rivers, as well as those which they held in the district of Matogroso. It em- braced, in Articles IV. to IX. inclusive, a de- scription of the line of division, which appears to have been drawn without reference to the papal bull or the treaty of Tordesillas. In determining the right of possession, emphasis was laid on the fact of priority of settlement. The islands in the rivers along which the boundary line passed belonged to the territory whose shore was the nearer to the island in the time of low water. Colonia and its adjacent territory were ceded to Spain, and this power in return ceded to Portugal certain lands which had hitherto been held by the Spanish. Among these was the district between the
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Ibicui and Uruguay rivers, occupied by seven towns, or reductions, which had been founded by the Jesuits. The missionaries of the terri- tory thus set off to Portugal were permitted to remove, and to take with them their furniture and effects; they might also lead away the Indians, with a view of establishing them else- where. While the rivers were open to the free navigation of both parties, all trade across the frontier was strictly prohibited. When the summit ridge of a mountain chain was the boundary line, it was specially provided that no fortifications should be erected along this line ; but that inviolability of this and all parts of the frontier were mutually guaranteed by the parties to the treaty.'
The principal difficulty in the way of carry- ing out the provisions of this treaty arose from the unwillingness of the people of the missions either to abandon their territory or to pass under the rule of the Portuguese. In the towns along the Uruguay there were about forty thousand Indians capable of bearing arms. Their organization under the Jesuits had some of the qualities of military rule; they had at least learned obedience to their leaders; but when they were informed that seven of their towns were to be turned over to the Portuguese, they gave unmistakable mani- 'Calvo, ii.. 242-260.
2l6 SPANISH RULE IN AMERICA
festations of a spirit of rebellion. The Jesuits petitioned both the Spanish and the Portu- guese kings to delay the actual transfer till the Indians had had opportunity to complete the approaching harvest. The period was, in fact, extended beyond the limit originally desig- nated, for the Spanish commissioners did not arrive in America until two years after the treaty was signed. And in the meantime the Jesuits persuaded the audiencias of Charcas and Lima to advocate their cause with the king. Yet in spite of all this, there appeared to be a disposition on the part of the mission- aries to obey the law. In an assembly of the senior missionaries, however, " they declared, with one single exception, that they did not think it would be possible to do what was re- quired of them. ' ' ^ Yet in some cases attempts were made by the people and their leaders to move. But the difficulties which they encoun- tered in these attempts led them to abandon their project ; and there was then nothing left for them to do but to stand their ground. When the commissioners appeared to mark the line proposed by the treaty, they discovered a determination on the part of the Indians not to surrender their lands to the Portuguese. In the hostilities which ensued, the Spanish and Portuguese forces undertook to dislodge the
^ Southey, History of Brazil, iii., 451.
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Indians and Jesuits, and put the Portuguese in possession of the missions. After several years of bloody warfare the kings of Spain and Por- tugal agreed to abandon their undertaking; and on the I2th of February, 1761, the treaty of 1750 was annulled. This threw the relations between Spain and Portugal back to the status of 1749.
In this contest the Jesuits and their followers were victorious, but their victory made an un- favorable impression at the court of Madrid, where the throne was occupied by Charles III., the most liberal and vigorous of the Bourbon kings of Spain. On assuming the reins of power in 1759, two years before the Treaty of Limits was annulled, Charles III. was not with- out experience. For twenty years he had been king of the two Sicilies, and in this capacity had shown himself a wise and skilful adminis- trator. This resistance of the Jesuits appeared to him as new evidence that their rich and powerful organization stood in the way of prog- ress in America, and was not entirely without influence in provoking their expulsion in 1767.
By a decree dated August 8, 1776, Buenos Aires was raised to the dignity of a viceroyalty, and Pedro Antonio de Ceballos was made the first viceroy. He was at the same time given the title of lieutenant-general, and placed in command of a corps of nine thousand soldiers.
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SPANISH RULE IN AMERICA
The fleet which conveyed him ' and his army to America, consisted of one hundred and sixteen vessels. It left Cadiz in the autumn of 1776. The viceroy landed at Montevideo, and then proceeded to Colonia, which he captured, to- gether with all the men and military equipment it contained. With this, Colonia ceased to be a Portuguese establishment, and was reincor- porated into the territory of Montevideo. The sixty-three officers taken were sent to Rio Janeiro, while the common soldiers, most of whom had been carried thither from the Azores, were sent to Mendoza at the foot of the Andes. Here they became influential in developing the cultivation of the vine.
One of the effects of the establishment of the office of viceroy in Buenos Aires was an en- largement of the territory dominated from this capital. The province of Cuyo was separated
' The whole list of viceroys, with their terms of follows :
Pedro Antonio de Ceballos . Juan Jose de Vertiz .... Nicolas del Campo .... Nicolas de Arredondo Pedro Melo de, Portugal The Royal Audiencia and Antonio Olaguer Gabriel de Aviles .... Joaquin de Pino ....
Rafael de Sobremonte Santiago Liniers ....
Baltasar Hidalgo de Cisneros
Feliu
office, is as
1776-1778 1778-1784 1784-1789 1789-1795 1795-1797 1 797-1 799 1 799-1 801 I 801- I 804 I 804- I 806 I 806-1 809 I 809-1 8 10
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from the captaincy-general of Chile, and incor- porated in the new viceroyalty. The four provinces of Upper Peru, which were subject to the judicial authority of the audiencia of Charcas, were separated from the government of Lima, and embodied in the viceroyalty of Buenos Aires, which, by these additions, and by including the governments of Paraguay, Cordova, and Tucuman, came to comprise all the territory east of the Andes and south of the boundary of Brazil.'
During his reign as viceroy, Ceballos organ- ized a superior provincial council at Buenos Aires, to which, under the second viceroy, Vertiz, were subordinated the municipal coun- cils established in the four provinces of Rio de la Plata, Tucuman, Paraguay, and Cuyo. In the province of Rio de la Plata, there were created the municipalities of Buenos Aires, Corrientes, Santa Fe, Montevideo ; in the prov- ince of Tucuman, Cordova, Santiago del Estero, San Miguel, Catamarca, Rioja, Jujui, and Sal- ta; in the province of Paraguay, Asuncion; and in Cuyo, the municipalities of Mendoza, San Juan, and San Luis.'
The inhabitants of Buenos Aires found it in-
• Pelliza, i., 231.
■^ The following list embraces the names of the most impor- tant cities of the viceroyalty of Buenos Aires, together with the dates of their foundation :
220 SPANISH RULE IN AMERICA
convenient to resort to the audiencia which had been established in the city of La Plata. This difficulty was, however, set aside by the creation of a new audiencia in Buenos Aires, in 1782. The territory of its jurisdiction em- braced the provinces of Buenos Aires, Tucu- man, and Cuyo. The formal opening of this court was celebrated in August, 1785.
In July, 1809, Baltasar Hidalgo de Cisneros became the last of the Spanish viceroys in Buenos Aires. He governed until May, 18 10, when the superior governmental council of the provinces of Rio de la Plata was organized. With this and the expulsion of Cisneros in June, the dominion of Spain over this region came to an end.
The population of the viceroyalty of Buenos
Buenos Aires I. in 1535, II., 1542 .... 1580
Asuncion ......... 1538
Santiago del Estero (i549) I553
Catamarca ......... 1358
Mendoza 1560
San Juan de la Frontera 1560
San Salvador de Jujui ...... 1560
San Miguel del Tucuman 1565
Cordova 1573
Santo Fe de la Vera Cruz 1573
Salta 1582
Corrientes ......... 1588
Todos Santos de la Nueva Rioja .... 1591
San Luis de Loyola 1596
Concepcion del Uruguay 1783
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Aires at the end of the colonial period is esti- mated to have been about 800,000, of whom nearly one half were Indians. This population, so far as it was of European descent, was the product of two streams of immigration, the one coming directly across the Atlantic from Spain, the other coming over the Andes from Peru.* In many respects the settlers here found their circumstances in sharp contrast with those of Mexico and Peru. The natives whom they had come to supplant were nomadic tribes, with few traits indicating social develop- ment. There were no rich mines or stores of gold and silver, and whatever wealth the country had to offer could be had only as the reward of persistent toil.
'Mitre, FHstoria de Belgrano, i., 5, notes certain chrono- logical coincidences in the progress of these two streams. Diaz de Solis discovered the Rio de la Plata from the Atlantic in 1515, and it was in 1513 that Balboa passed the Isthmus to the Pacific. In 1527, Pizarro established himself provisionally on the island of Gallo, and Cabot erected the fort of San Espiritu on the shore of the Parana. In 1535 the cities of Lima and Buenos Aires were founded. Thirty-eight years later, in 1573, the conquerors of Peru founded the city of Cordova, of Tucu- man, while those of Rio de la Plata were founding the city of Santa Fe, on the Parana. A few years later the advance guards of the two settlements met, thus establishing the over- land communication between the Atlantic and the Pacific.
CHAPTER IX
THE JESUITS AND THE INDIANS
TWO noteworthy episodes in the colonial history of Rio de la Plata were the social- istic experiment of the Jesuits and the English undertaking against Buenos Aires. The former illustrates the extreme view of the purpose of missionary work in the Spanish colonies; the latter, the persistent design of the English to establish their authority in South America.
To the Jesuits who proposed to convert the Indians to Christianity, and to bring them to an orderly social life,
" it did not seem desirable that their young neo- phytes should be brought into close contact with the residents already settled; it suited their ideas better that they should be so separated as to form an isolated community, living on their own re- sources, and only mingling with the population with
222
THE JESUITS AND THE INDIANS 223
the aim of Christianizing it. For this design the vast wildernesses beyond the Parana seemed in every way to be adapted to their requirements. The locality was so far removed from the ordinary haunts of men that in order to reach their settle- ments it was necessary to cross the marshes of Nem- bucu or the Ibera lagoon, if not to venture over the Apipe rapids, and only a few would be tempted to undertake the journey. Thus the missionary settle- u ment was at once well sheltered, and quite secure \ from intrusion from outsiders." *
It was proposed that here the Indians should 1 be associated with the fewest possible persons I besides members of their own race, and should ^ yet be advanced to civilization. To secure this end the Jesuits had made their first settlements in the upper valley of the Parand, but the hostility of the Indians led them to abandon these earliest posts, and to re-establish them- selves in the region now known as the province of Missiones. Here a number of villages were founded, which were called reductions. The Indians in each village or pueblo were subject to the authority of two resident Jesuits.
" The one called the cura had either been pro- vincial or rector in their colleges, or was at least a grave padre. He did not exercise the essential
^ De Bourgade la Dardye, Paraguay, 15.
224 SPANISH RULE IN AMERICA,
functions of a priest, and frequently did not know the language of the Indians. He occupied himself only with the temporal administration of all the property of the pueblo, of which he was the ab- solute director. The spiritual department was confided to another Jesuit, called companero^ or vice-cura, subordinate to the first. The Jesuits of all the pueblos were under the superintendence and vigilance of another, named the Superior of the missions, who had, moreover, the power to confirm from the pope. To control these pueblos they had no laws, either civil or criminal ; the only rule was the will of the Jesuits. Though in each pueblotTiere was an Indian called a corregidor, and others called alcaldes and regidores, that formed a municipal body, like what they have in the Spanish colonies, no one of them exercised the least juris- diction, and they were only instruments that served to execute the will of the curas, even in criminal cases. The curas who inflicted the punishments were never cited before the king, nor before any of the ordinary tribunals. They compelled the In- dians of both sexes, and of every age, to labor for the community, without permitting any person to labor at all for himself. All must obey the orders of the cura, who stored up the produce of the labor, and who had the charge of supplying food and clothing to all. From this it is seen that the Jesuits were absolutely masters of everything ; that they completely disposed of the surplus stock of the whole community ; and that all the Ind.ians
THE JESUITS AND THE INDIANS 225
were equal, without any distinction, and unable to posse§S-_any_^ivate_pj:operty." *
The cura and the vice-cura were appointed, under the royal authority, by the governor of the province, after they had been presented by the provincial of the Jesuits, and been recom- mended as having the qualifications necessary to the discharge of their duties; but they were assigned to their respective churches by the bishop. In the practical management of the affairs of the pueblos, there was no appeal from the decisions of the Jesuits to any other Span- ish authority.' But in case it became necessary to impose capital punishment for some atrocious crime, ** for which it would be difficult to pro- duce precedents, the affair was carried to the tribunal of the governor of the province, in whom ^Qjie was vested the power of condemn- ing an Indian to death, " ' According to Mur- atori, if one were guilty of a fault that might produce a scandal, the guilty person was
" brought in a penitential habit to the church, to beg pardon of God in a public manner for the of-
' Azara, quoted by Washburn, i., lOO. Some of the con- clusions reached by Azara concerning the Jesuits and the Indians may be found in English in MacKinnon, Steam Warfare in the Parana, ii., 245-281.
* Azara, i., 275.
' Muratori, Missions of Paraguay^ 126. 15
226 SPANISH RULE IN AMERICA
fence, and a penance was enjoined on the offender. He was then brought out to the square, where he suffered in public a punishment suited to the nature of the offence." '
Inasmuch as much of our information concern- ing the Jesuit m.issions is derived from the Jesuits themselves, allowance must be made for the roseate atmosphere through which their affairs are sometimes seen. We are told that after the punishment had been inflicted, the criminal ** kissed the hand that had punished him," and thanked God that by this slight correction he had been helped to avoid eternal punishment ; and that " men, and even women, who had secretly committed the fault that they saw punished in another, ran of their own ac- cord to the regidor and accused themselves, withal earnestly begging to suffer the same penance. * * However credible these statements may be, for some of the things reported the critical historian has need of further corrobo- rative evidence.
In addition to the revenues derived from the pueblos for ecclesiastical purposes, the royal treasury was expected to make substantial con- tributions. These covered, among other things, three hundred piastres each for the evangelical workers sent from Europe to Paraguay by the
' Muratori, 70.
THE JESUITS AND THE INDIANS 22/
king's authority ; the cost of their passage ; and ten thousand piastres annually for the support of the missionaries in Paraguay. The king provided, moreover, the necessary sacred orna- ments and a bell for each church ; also the wine used at the altar, and the oil which was burned day and night before the altar; and finally one hundred and forty piastres to purchase drugs for the use of each pueblo.
At first the public buildings of the pueblo were very simple. The most important of these was the church.
The missionaries' house adjoined the church ;
** next are the storehouses, and public granaries, where all sorts of grain, the herb Cua^ cotton, and other provisions, are stored up in common, to be distributed to the people yearly as they want. Contiguous hereto are built the shops and work- houses for the different trades ; then follow the houses of the Indians, disposed like stalls in a market-place. The streets are laid out by a line. The houses have only a ground floor, and consist in a square hall, where all the family is lodged. They are made of reeds plastered with mortar, and without any chimneys or windows ; and so have no aperture but the door, to admit light, and to let out the smoke of a constant fire kept in the middle of the room."
Usually when civilized and uncivilized peo- ples are brought into peaceful contact, the
228 SPANISH RULE IN AMERICA
ruder people acquires knowledge of many of the arts of civilized life by observing their new neighbors. A fault in the organization of the reductions as centres for the development of civilization was that it kept the Indians in isola- tion ; their only instructors in the arts of en- lightened society were the missionaries, who, by reason of their peculiar training and an abnormal position in the world, could not be expected to be the most efficient guides. In- stead of having an enlightened society as a model, they were directed by the precepts of the missionaries, and by the neophyte super- intendents who were set over them to " observe whether they work, sow, and reap, in due time ; whether measures are taken to make the pro- visions of grain hold out from one harvest to the next ; and to conclude whether the cattle be well looked after." ^
Florentine de Bourges, who visited the mis- sions of Paraguay in 1712, found, in the reduc- tions which he observed, that the whole product of the year was carried to the public granary, and that a number of persons was appointed, whose business it was to take an exact account of all that was brought into the magazines.
" At the beginning of every month all these corn officers give out what is necessary to the chiefs of * Muratori, 142.
THE JESUITS AND THE INDIANS 229
the several quarters of the town, by whom each family is allowed what is sufficient for a month's subsistence. There is in like manner an equal dis- tribution of other provisions. A set number of sheep and oxen is daily brought to town, which are slaughtered and delivered up to the proper officers, from whom the rest of the inhabitants are to receive their allowance." ^
To the same effect is the statement of Don Felix de Azara. He made extensive investiga- tions concerning the natural and geographical conditions of Paraguay, during a long residence there in the last half of the eighteenth century, and described the life at the missions, and pointed out its socialistic character. He af- firmed that the parish priest gave no license to anyone to work for his own special advan- tage,
" all without distinction of age or sex being com- pelled to work for the common interest of the mis- sion, while the priest took upon himself to provide food and clothing for all. And to this end all the products of agriculture and industry were gathered into public store-houses," "^
while the unconsumed surplus was sent to the Spanish settlements and exchanged for tools
^ Lettres edifiantes^ xiii. , letter by Florentine de Bourges, 1712 ; see also Muratori, Missions of Paraguay, 292. 'Azara, i., 276.
230 SPANISH RULE IN AMERICA
and such other articles as they needed. The inference drawn from the observed facts was that the priest controlled the common surplus, " and that no Indian could aspire to hold pri- vate property. ' ' Under this system the stimu- lus to the exercise of the individual powers ^was removed, since the same provision of food, rclothing, and other means of enjoyment was Imade for the lazy, stupid, and vicious, as for (the diligent, skilful, and virtuous.' The desire to have the community rich was not a powerful motive to individual action in the case of the habitually improvident Indian; yet this im- providence, or the assumption that the Indians would not properly feed their families or pre- serve the surplus of a time of plenty for a time of scarcity, was among the reasons offered for the existence of the socialistic organization of the missions.
When it was suggested after a century and a half that the Indians ought to be able to main- tain themselves in an individualistic society, the fathers urged that this experiment should not be made on account of the incapacity of the Indians, and the evils which would result to their morals and religion if they were brought into contact with the Spaniards. It was pro- posed, however, to give them partial independ- ence, to assign them certain pieces of land, and ^ Azara, i.. 279.
THE JESUITS AND THE INDIANS 23 1
two days in the week for its cultivation, and by this means to accustom them gradually to self-control in freedom and the absolute pos- session of property. It is possible that thej unwillingness of the priests to be deprived of power and position made them desire the( status of the Indians to remain unchanged/ After the expulsion of the Jesuits/ in 1767,
' In the statement of Azara, setting forth the position of the priest in the missions, is the following : " The priests and companion or vicar had houses which they did not enter in the ordinary way, but through the great enclosed garden from the school ; they never went out of them to walk in the streets of the town, nor to enter the house of an Indian ; they did not allow themselves to be seen by the women, nor by others ex- cept those to whom it was necessary to give their orders. If an invalid needed spiritual aid, he was taken from his misera- ble house to a clean room near the school, set apart for this purpose, and the vicar, carried in a sedan, with great pomp, administered to him there the holy sacrament. When they appeared in the church, although it was only to say mass, it was with the greatest possible ostentation, clothed with the greatest richness, surrounded and assisted by clerks, acolytes, and musicians, whose number, I believe, did not fall below a hundred. All their churches were the largest and most mag- nificent in that part of the world, full of splendid altars, pic- tures, and gilding ; the ornaments could not be better or more precious in Madrid or Toledo." — Descripcion e Historia de Paraguay y del Rio de la Plata, i., 283.
2 The expulsion of the Jesuits occurred during the period of Bucareli's administration. They were embarked in the man- of-war La Venus, commanded by Gabriel de Guerra, and two private vessels called San Estevan and Pajaro. The whole number sent from the region of Rio de la Plata, including the Indian missions, was three hundred and ninety-seven.
232 SPANISH PULE IN AMERICA
the Indian population of the missions declined rapidly. De Doblas has rendered concerning the Indians a more favorable judgment than that expressed by Humboldt. In his view the bulk of this population manifested fair ability in whatever it undertook ; but the power of the Indians in imitation exceeded their capacity of original creation. They were humble and obe- dient, and submitted readily to the commands of those whom they recognized as superiors. This was said of them after some generations of life in the missions. Like all uncivilized peoples, they appeared lazy when judged by the standard of civilization. They were am- bitious to learn, but in their isolation, with no object lessons of the higher forms of society, and without a knowledge of the language of their superiors, the most direct avenues to en- lightenment were not open to them. Though submitting formally to the practices of the church, they yet regarded with indifference certain lines of conduct which civilized men consider as grossly immoral. If they were seldom overcome in drunkenness, it was not from lack of incHnation but from lack of oppor- tunity. They delighted in music or rhythmi- cal noise, and were pleased to have it as an accompaniment of all their tasks. They were patient and uncomplaining under their severest work; and sickness and suffering they bore
THE JESUITS AND THE INDIANS 233
with calmness and almost stoical severity. In their houses, or huts, they were careless of the conventionalities of clothing, and in all matters of domestic life and labor they cast the heaviest burdens on the women. Yet even under the inhuman treatment which the women often received, they seldom complained ; perhaps they were aware that complaints would only bring additional grievances.
The community of goods which was main- tained in the several mission towns made par- ents careless of the education of their children, as also of their food and clothing. The zeal which arises from the possibility of acquiring, holding, and bequeathing property was want- ing. The surplus of the common stock which remained after the wants of the inhabitants had been met, was sent to markets outside of the province. The wares exported were for the most part sent to Buenos Aires.
The expulsion of the Jesuits marks a turning- / point in the history of these mission towns. | Hitherto both their spiritual and temporal affairs had been in the hands of priests. At this time they were brought under a new system of administration, which was deter- mined by ordinances formed by Francisco Bu- careli, governor and captain-general of Buenos Aires. Unde^- this new system, there was a^ governor, subordinated to the government of
234 SPANISH RULE IN AMERICA
Bue£iQS.^ires. Provision was also made for three deputies of the governor, whose powers were similar to those of the governor in their respective districts. Besides these general officers, there was appointed a Spanish ad- ministrator for each town, who had in charge its material and temporal interests; and two Ecclesiastics, a priest and an assistant, who directed its spiritual interests. The priest re- ceived a stipend of three hundred dollars, the assistant two hundred and fifty dollars, and the support of both was furnished by the town. By a royal decree of 1778, the stipend was diminished and fixed at two hundred dollars for each. These officers were intended as a substitute for the Jesuit officers and priests. The formal Indian municipal organization was continued with whatever functions had pre- viously belonged to it.
Under the new order the material well-being of the missions declined ; for the Indians ceased to be efficient when the specific prompting of the priest was withdrawn, and the Spaniards who were placed in charge of the missions were scarcely more efficient than the Indians. In the course of time the government recognized the damage that was being inflicted and under- took to repair the injury.
** For this purpose all the useless administrators were removed, and their places filled by others of
THE JESUITS AND THE INDIANS 235
superior ability and better conduct. They under- took to oblige the Indians to work, laying especial stress on the re-establishment of the farms, and finally adopted all those means which appeared efficient." *
Although a military governor was placed overall the missions of Paraguay and Uruguay, the internal organization of the several missions was not greatly changed. The prospects of the Indians, however, were modified.
"The Jesuits were skilful, moderate, and eco- nomical ; they looked upon the towns as their own work, and regarded them as their peculiar property and sought to improve them. The secular gover- nors and the administrators appointed by them, besides not having the intelligence of the Jesuit fathers, regarded the goods, of the communities as a mine which they might not be allowed to work but a short time. It is not strange, therefore, that the communities were impoverished,"
and that the Indians deserted, to the great ad- vantage of certain neighboring settlements, but greatly to the disadvantage of the ancient missions.'
The fate of the missions was what might have been expected, in view of their influence
' De Doblas, Memoria historica, gcographica^ politica y economica sobre la Provincia de Alisiones, 19 ^ Azara, i., 286.
236 SPANISH RULE IN AMERICA
on the individual Indian. With his subsist- ence assured ;
" released from continual struggles against hostile powers, from conflicts with the elements and man, he led a more monotonous life, less active, and less fitted to inspire energy of mind, than the habits of the wild or independent Indian. He possessed that mildness of character which belongs to the love of repose ; not that which arises from sensibil- ity and the emotions of the soul. The sphere of his ideas was not enlarged, where, having no inter- course with the whites, he remained a stranger to those objects with which European civilization has enriched the New World." '
He was especially fitted to become the victim of absolute authority. He was overwhelmed in a kind of mental and moral imbecility, and was thoroughly submissive under any power that assumed dominion over him. Characters like those produced in the missions made pos- sible the later reigns of Francia and Lopez.'
^ Humboldt, Travels, i., 300.
^ The evil effects of the missions were repeatedly pointed out by Humboldt. Writing at the close of the colonial period, he said, " the effects of this insulated system have been such that the Indians have remained in a state little different from that in which they existed, while yet their scattered dwellings were not collected around the habitation of the missionary.. Their number has considerably augmented, but the sphere of their ideas is not changed. They have pro-
THE JESUIT AND THE INDIANS 23/
By the ordinance which established the secu- lar authority over the missions, it was provided that there should be held every year in Cande- laria a general council composed of the gover- nor, the deputies, the corregidors, and the administrators of all the towns; but the meet- ing aimed at in this ordinance was never held.
Under this new order of things, there was a secular administrator who had charge of the temporalities, and two ecclesiastics who taught the Indians, administered the holy sacraments, and afforded them spiritual guidance. By this arrangement, authority which had been centralized in a single hand was divided be- tween the two classes of agents.
" The Indians, accustomed to obey only their priests, regarded the commands of the administra- tors with indifference in the beginning, to such an extent that nothing was done without first consult- ing \.\\e padre. From these beginnings arose serious controversies between the priests and the adminis- trators, which contributed in great measure to the ruin of the towns, as Francisco Bruno de Zavala complained in the report which he made to the king in 1774. The priests took possession of the prin- cipal houses, the already mentioned colleges, not
gressively lost that vigor of character and that natural vivac- ity which in every state of society are the noble fruits of independence." — Travels to the Equatorial Regions of Amer- ica, i., 201.
238 SPANISH RULE IN AMERICA
permitting the administrators to live in them ; they did the same with their gardens and their fruit, and presumed to dispose of everything arbitrarily." ^
Attempts were made to inform the Indians that they owed obedience in spiritual matters to the priests and in temporal matters to the ad- ministrators; yet the conflict of authority and commands led them into uncertainty as to their proper superiors. Sometimes the priests punished them for obeying the administrators, and at other times the administrators punished them for obeying the priests; and between the two they found that their lines had not fallen in pleasant places.
A suggestive phase of the socialistic charac- ter of the mission towns was seen in the fact that at the age of four or five years the boys were placed in charge of the community. For their immediate care there were appointed from among the Indians two or more persons, called alcaldes or secretaries of the boys, whose duty it was to gather them all together early in the morning, and take them to the church for pray- ers. They then sent them to their several tasks. At two or three o'clock in the afternoon they returned with them to the church, and after prayers permitted them to go to their homes. The trades or professions of the boys were not
' De Doblas, 25.
THE JESUIT AND THE INDIANS 239
determined by themselves or their parents, but by the public authorities. A committee of persons selected those who were thought to be best fitted to achieve success in the several oc- cupations. With reference to the girls essen- tially the same course was pursued. At the age of ten or twelve, they were placed in charge of two or more old Indians. But this method of training removed them from the control of their parents without providing any efficient substitute, and the result was a very early moral deterioration. When the youth and the girls reached a certain degree of maturity, they were married, either under the direction of their parents, or of the priests, or under the stimulus of passion, but always without senti- ment or intimate acquaintance, and with a stolid indifference, which continued to mark the relation between husband and wife, and between parents and children.
It was not to be expected that Indians brought into villages from the freedom of the forest would immediately become careful to preserve property. They were not only indif- ferent to accumulation, but in the service of the community they had a peculiar aversion to the tasks that were imposed upon them. For each of the several occupations it was, there- fore, necessary to appoint overseers, and then even overseers of overseers. They rarely began
240 SPANISH RULE IN AMERICA
work before nine o'clock in the morning, and concluded their labors about three in the after- noon, ** having done little more than nothing." In gathering the products, at least half of them were stolen by the several grades of per- sons concerned in the harvest. This form of corruption which belonged to the later state of the missions was encouraged by the fact that the corregidors and the other members of the cabildo received no salary or compensation for the services of their offices. In addition to all the other ills that were overwhelming the mis- sions in the later decades of the eighteenth century, came another indication of dissolution in the desertion of large numbers of the In- dians.'
^ De Doblas, 29-33.
CHAPTER X
THE KING AND THE CHURCH, ILLUSTRATED BY THE ECCLESIASTICAL ESTABLISH- MENT IN MEXICO
THE position of the king of Spain as the supreme patron ' of the church in Spanish America was involved in his character as mon- arch. In the laws relating to this subject, this position is described, and the various features of the king's authority in ecclesiastical matter positively set forth, which may be illustrated by reference to Mexican history. In a royal decree of 1574, it was declared that " the right of patronage of the Indies is, alone and un- divided, forever reserved to us and our royal crown, and may not be alienated from it either wholly or in part." In keeping with this power, the bull of Julius II. concerning the
' " No puede darse Real Patronato mas completo, mas
singular y privative, que el que gozan los Reyes Catolicos en
su Estado de las Indias." — Parras, Gobierno de los Regular es
de la America^ i., 3. 16
241
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patronage conceded primarily that in the regions discovered, or which in the future might be discovered, no. churches, monasteries, or pious places might be established without the consent of the king. It conceded also the power to present suitable persons for the metropolitan churches and the other cathedrals already erected or which in the future might be erected, and for all other ecclesiastical livings whatsoever.
In the decree of 1574, Philip II. based the claim of the Spanish crown to the right of patronage in the Indies on the fact that the New World had been discovered and acquired by the crown, and that churches had been built and endowed in it at his expense and at the expense of his predecessors, the Catholic kings, and also as having been granted by the popes. The bull of Julius II. had been preceded by that of Alexander VI. " conceding to the Catholic kings all the tithes of the state of the Indies, under the condition of endowing the churches, and providing the priests with proper support." ' The king, however, trans- ferred his right to receive the tithes to the bishops, the churches, the hospitals, and other institutions destined to receive them. To this end the mass of the tithes was divided into four parts. Two of these parts were assigned
' Parras, i., 6.
THE KING AND THE CHURCH 243
in equal shares to the prelate and the chapter; and the sum of the other two parts was sub- divided into nine divisions and further dis- tributed. In this distribution, two of these secondary parts were reserved for the king * ; three were divided between the hospital and the fund for building churches; and from the remaining four was drawn the support of the curates, while the rest was given to the pre- bendaries. In case of a vacancy in the position of a prelate, the tithes reverted to the king; but he relinquished them in favor of the church, one half going to maintain the worship during the vacancy, the other half to the succeeding prelate. It has been set down to the credit of the king that having a legitimate claim to all the tithes of the Indies, he distributed them ^ for the maintenance of the church, and for/ other pious purposes. The quality of patron has, moreover, been cited as the most brilliant feature of the Spanish crown ; and to the wise exercise of the prerogatives of the kings in this regard has been -attributed the vast extension of the dominions of Spain in America.'
In accordance with a papal bull issued by Leo X., the first bishopric of Cuba was created, in 1 5 18, in Baracoa, which at the time the
' On the disposition of these parts, see Recop. de Indias^ Lib, i., Tit. xvi., Ley 24.
' Parras, i., 7-9 ; Recop. de Indias, Lib. i., Tit. xvi., Ley 23.
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bishopric was suggested possessed the only church on the island. But before the decree had been made and carried out other towns had been planted, and Santiago had become the residence of the governor and the principal men of the colony. In 1522, the town of San- tiago was made the capital of the bishopric. The position of bishop was first offered to Ber- nardino Mesa, and then to Julian Garces, but it is not known that either of these ever actually performed any of the functions of the office. The first person consecrated bishop of Cuba was John De Witt, who was born in the Nether- lands. He, however, never went to Cuba, but undertook some of the duties of his office while at Valladolid. From this city, on the 8th of March, 1523, he issued instructions for. the organization of the chapter of the cathedral of Santiago. In 1525, he retired from the bishop- ric, and this see remained vacant till 1536. In the meantime the ecclesiastical affairs of the island fell into disorder.
In the beginning, the island of Jamaica fell within the jurisdiction of the bishop of Cuba, but it was soon separated from the Cuban diocese, and erected into a mitred abbacy. Subsequently an effort was made by Bishop De Witt to have it reincorporated in his bishopric, but in this he was unsuccessful.' ' Pezuela, Historia de la Isla de Cuba, i., 123-125.
THE KING AND THE CHURCH 245
Under decrees of the church authorizing the/ various religious orders to undertake work for' the conversion of the natives in the Indies, a rapidly increasing number of ecclesiastics found their way to the New World. As early as July, 1524, we find Martin de Valencia in Mexico assembling the friars who had come with him from Spain and those already in the country for the purpose of assigning to them their several fields of labor. The region about! the City of Mexico was divided into four dis- tricts, and to each four friars were assigned, while Valencia himself devoted his efforts to the capital. In these districts convents were/ established, the religious life organized, and plans matured for bringing the natives into submission to ecclesiastical authority.
The Franciscan and Dominican friars had^ extended their missionary efforts over a large , part of New Spain before these regions were ' formally brought under the jurisdiction of the organized church. In 15 19, Julian Garces was made bishop of Cozumel, an island off the coast of Yucatan. There were found to be very few settlers within the limits of this bishopric, even after it had been extended to the neighboring peninsula, and in 1526 it was made to embrace the districts of Tabasco, Vera Cruz, and Tlascala. The official seat of the bishop was in Tlascala. About the time that
246 SPANISH RULE IN AMERICA
Garces appeared in Tlascala to assume the duties of his charge, another bishopric was created with the City of Mexico as its capital ; and, in December, 1527, it was bestowed upon Juan de Zumarraga. The new bishop was also charged with the power of protector of the In- dians; but in attempting to perform the duties implied in this title, he found himself opposed not only by the Spanish settlers but also by the audiencia.
The fact that the spiritual teachings of the bishop and his followers were not heeded by men of his own nationality, that organized authority was employed to further measures of injustice, and that great wrongs were inflicted on the natives by the Spanish settlers, helped to weaken the moral influence of those who pretended to preach a gospel of peace and good- will to all men. The authorities in Spain, how- ever, appeared to have confidence in Zumarraga, and sought his advice concerning the govern- ment of the Indians, and the means of improv- ing their condition. For this purpose he was recalled to Spain in 1532. On this occasion his plans and previous labors were approved, his title of protector of the Indians was confirmed, and the audiencia was instructed to co-operate with him in carrying out his designs. On this occasion, also, he was solemnly consecrated as the first bishop of Mexico. This ceremony
THE KING AND THE CHURCH 247
was performed at Valladolid on the 27th of April, 1533; and before he returned to Mexico he issued from Toledo a letter appointing the members of the chapter of the cathedral, and establishing rules for the government of his diocese. The chapter as organized consisted of a dean, archdeacon, precentor, chancellor, treasurer, ten canons, and six prebendaries, whose salaries ranged from thirty-five to one hundred and fifty dollars a month.
In 1534, the year of Zumarraga's return to America, New Spain was divided into four political divisions, which were designated as the provinces of Mexico, Michoacan, Goaza- coalco, Miztecapan. In addition to the two bishoprics which had already been created, two others were now formed, and the four were known as Mexico, Michoacan, Tlascala, and Oajaca. These were made to correspond to four political provinces; but their boundaries were only imperfectly determined. It was ordered that each bishopric should embrace all points within a radius of fifteen leagues from its cathedral town taken as a centre; that the intervening territory should be divided equally between the adjoining sees; and that if any principal town lay near a boundary, its district should belong to the diocese in which the town lay. Of the new bishoprics, that of Oajaca was conferred upon Juan Lopez de Zarate,
248 SPANISH RULE IN AMERICA
while that of Michoacan was given to Vasco de Quiroga, who had been a member of the audi- encia, and who took priestly orders after his appointment.
In the course of time other bishoprics were created, and that of Mexico was made an arch- diocese. The papal bull confirming this change was issued July 8, 1547. The jurisdiction of the archbishop of Mexico was extended over the bishops of Tlascala, Michoacan, Oajaca, Nueva Galicia, Yucatan, Guatemala, Chiapas, Honduras, and Nicaragua. The position of archbishop was offered to Zumarraga, but he declined it on account of his great age. A few days after the arrival of the documents convey- ing to him the appointment, he died in his eightieth year, on June 3, 1548. After the death of Zumarraga, the archbishopric was offered in succession to several distinguished prelates, but it was declined by them, and remained vacant until the appointment of Alonso de Montufar, in 1551.' The organiza- tion of the church in Mexico was fairly com- plete after the archbishop had been installed in office, and there was a disposition on the part of the officers of the church to maintain
' Montufar held the position of archbishop till 1569, After him there were twenty-six other archbishops during the period of Mexican dependence on Spain. See Alfaro, Historia de la Ereccion del Obispado de Mexico, 9-12, Mexico, 1866.
THE KING AND THE CHURCH 249
what were regarded as their prerogatives. The religious orders claimed independent jurisdic- tion, but when the church had so far extended itself as to be able, without difficulty, to exer- cise its functions on all parts of the kingdom, the conflicting claims of the regular and secular clergy became especially manifest. The right to receive tithes and tributes was a conspicuous point in contention. The regulars, moreover, complained that the archbishop and the bishops were reluctant to ordain members of the orders, and that consequently there were in these orders few priests who were efficient in their labors with the natives. They further com- plained that even their ordained priests were denied the right to administer the sacraments, being limited in their functions to instructing the Indians and celebrating mass. They brought their grievances to the attention of the pope and by a bull issued March 24, 1567, were granted the right to administer the sacra- ments in the Indian towns. But in spite of this authorization by the pope, the secular clergy refused to concede the point, and stood so vigorously in the opposition that the friars were commanded by the pope, in 1583, to renounce their rights in this regard ; but this did not end the controversy, for both parties appealed to the crown.
Yet there appears to have been a studied at-
250 SPANISH RULE IN AMERICA
tempt to prevent conflicts of interests between the regular and secular clergy. The bishops and archbishops were instructed neither to es- tablish parish priests in Indian towns and re- ductions where there existed monasteries and monks holding curacies, nor to found a monas- tery of any order whatsoever, where parish priests had already been established; and if ** monks should preach in the towns where there were parish priests, the archbishop or the bishop should request them to go elsewhere or return to their monasteries," and to confine their missionary labors to places where it might be necessary or possible, in accordance with the law, and under the proper authority, to found a monastery or monasteries/
No monk could become a curate or parish priest, except through a special nomination by the vice-patron, and in case of such nomina- tions it was required that there should always be due recognition of the authority of the king as the supreme patron. The person thus pro- moted was required to know the language of the. natives he was expected to teach. His fitness in this and other respects was determined by an examination held by the prelate of the diocese or by persons of his appointment. In appointing the priest, the name was sent to the viceroy, president, or governor, who exercised
^ Recop. de Indias, Lib. i., Tit. xiii.
THE KING AND THE CHURCH 25 1
the functions of royal patron in the name of the king. The necessary support of priests of this class were stipends furnished by prelates of the regulars.'
In i6cx), there were in New Spain four hun- dred convents of the several orders ; four hundred districts in charge of clergymen. Be- sides these, the convents and the important churches had other churches dependent on them, where religious services were held from time to time, and where the natives were taught the Christian doctrines.
Not only the archbishops and bishops, but also the viceroys and governors were instructed " by all possible means to seek continually to know the monks who were in their districts " ; and they should inquire if more were needed, keeping an account of the number admitted, and of the special religious work they were called to perform. The provincials of all the orders were required to reside in the Indies; and each was expected to keep a list of all the monasteries in his district, and of all the per- sons belonging to them. Any commissioner taking monks to America had to report to the Council of the Indies their names, ages, places of birth, and the provinces or monasteries in Europe from which they came. After they had been approved by the council, their names
' Recop. de Indias, Lib. i., Tit. xv., Leyes 1-14.
252 SPANISH RULE IN AMERICA
were also recorded in the Casa de Contratacion at Seville. The expenses of supporting and transporting them were met by the royal treas- ury through the Casa de Contratacion. Great care was taken that all the monks who had been approved by the council should be em- barked for America; and if at the time of embarking any were wanting, they should be brought in and embarked with the rest. Nor should they be allowed to remain in the Ca- naries, if for any reason the vessels halted there on the outward passage ; but from those islands no monk might go to America without the royal license. Generally, strangers, even when they held licenses from their superiors, were not permitted by the Casa de Contratacion to go to the Indies. Also monks not in obedience to their prelates were not passed, nor were those belonging to orders having no convents in the Indies. If any such should find their way to America, the governors of the ports of their landing were instructed to return them to Spain, unless they carried a special license from the king. A license to go to America served only for the first voyage. Having returned to Spain, one was not permitted to go a second time without a new license. If monks were sent to the Indies at the expense of the royal treasury, they were obliged to go to the places to which they had been assigned. And they
THE KING AND THE CHURCH 253
were held to this order, even though they re- turned to the royal treasury the amount that had been advanced in their behalf. Those, however, who wished to go to the Philippine Islands were allowed to do so without hind- rance; and by a law of 1572, the civil authori- ties were commanded to allow Jesuits bearing licenses from their superiors to pass unhindered from province to province, and they were to be aided in accordance with their needs/
Regarding the monasteries to be founded in the Indian towns, the law provided that they must be at least six leagues distant from one another, and that the buildings should be plain and of moderate size. In case the encomiendas had been incorporated in the crown, the cost of construction should be borne by the king; but in case the encoritiendas were held by private persons, they should be built at the expense of the king and the encomenderos^ aided by the Indians of the towns as they might be able. Each monastery founded in the Indies with the royal license and in new towns should be provided out of the royal treasury with an ornament, a chalice with its cover, and a bell.
Every three years the viceroys, presidents, and governors were required to make a detailed report concerning the monks in their respective districts, and on the basis of these reports, the
' Recop. de Indias^ Lib. i., Tit. xiv., Leyes 1-26.
254 SPANISH RULE IN AMERICA
king determined whether it was advisable or not to send inspectors to the Indies. If sent, they were to observe the state of the monks, on what points reform was needed ; they were also required to avoid unnecessary disturbance, and always aim at the perfection of the religious life.'
j The close union of civil and ecclesiastical affairs is seen in the fact that the laws regulat- 'ing both are brought together in a single code. The Recopilacion de Leyes de las Indias contains not only the purely political laws, but also those regulating the conduct of the prebendaries of the cathedral. The latter provided that the prebendaries should reside in the churches to which they belonged ; that they should not absent themselves from the services in which they had been assigned parts; and that they should not go out for visits or for any other purpose, except under permission granted by superior authority. The penalty for violation of these regulations was a loss of office. Per- mission, in cases of great necessity, might be granted by, the prelate and the chapter; but if the prelate and the chapter could not agree, the viceroy, the president, or the governor should unite with them to effect a decision. The archbishops and bishops were required to take such measures as would enforce, on the
' Recop, de Indias, Lib. i., Tit. xiv., Leyes 42-44.
THE KING AND THE CHURCH 255
part of the prebendaries, a complete fulfilment of their obligations, and to collect a fine in case of failure in this respect. The prelates, \ the viceroys, the presidents, and the governors were expected to make detailed reports to the king concerning the prebendaries ; those actu- ally in service, those who had died, and the existing vacancies and the causes of them. These civil officers were prohibited from grant- ing licenses to go to Spain to the archbishops, bishops, or the holders of any other ecclesiasti- cal office or benefice, the granting of such licenses being strictly reserved to the king.'
In relation to the conduct of affairs the clergy were subject to important limitations. No member of the clergy might be an alcalde, an advocate, or a notary, nor an agent of the en- comenderos, or of any other person; neither/ were the clergy permitted to engage in any kind of business. They might not work mines, inasmuch as this, besides being unbecoming their positions, might result in a scandal or an evil example.'
According to a law of March 17, 1619, thepar^ ish priests were required to know the language' of the Indians to whom they were appointed to carry the Christian doctrine ; by a later law, however, they were ordered, in 1634, to take
^Recop. de Indias, Lib. i., Tit. xi. "^ Ibid., Tit. xii.
256 SPANISH RULE IN AMERICA
such measures " that all the Indians should be taught Spanish, and in this language the doc- trines of Christianity, in order that they might the better comprehend the mysteries of the holy Catholic faith." '
Writing with copies of grants of encomiendas made by Pizarro before him, Prescott affirms that ** they emphatically enjoin on the colonist the religious instruction of the natives under his care, as well as kind and considerate usage. ' ' That a certain course of action was enjoined by law is not all that is necessary to know in order to judge wisely of the conduct of the Spanish settlers towards the Indians. It is not safe to infer that in Spanish America the prac- tice has been what the law implies it should have been. In this case an anonymous con- temporary, apparently knowing how little at- tention was given to these pious instructions, states that ** from this time forth the pest of personal servitude was established among the Indians, equally disastrous to body and soul of both the master and the slave." '
If we were to judge from the language of the laws of the Indies, we might conclude that the king, in dealing with the inhabitants, regarded no object as of more importance than their conversion to the Christian faith. His obliga-
' Recop. de Indias, Lib. i., Tit. xiii., Leyes 4 and 5. * Conquest of Peru, ii., 37.
THE KING AND THE CHURCH 257
lEions to seek this end he considered greater than those of any other prince, as his dominions were greater. In this view, he commanded the officers of the crown in the several provinces to make the Indians lay aside their savage vices, and to instruct them in the holy Catholic faith. He charged the archbishops and bishops and other ecclesiastical officers to preach, teach, and persuade the natives to accept the articles of this faith. Through the law he commanded the viceroys, the audiencias, and the governors " to take very especial care to convert and Christianize the Indians," and provided that they should instruct them in the things of the holy Catholic church and the evangelical law. They should, moreover, aid in rooting out idolatry among the Indians, destroying or carrying off their idols, and preventing the na- tives under severe penalties from worshipping them. Those among the Indians who taught idolatry should be taken and distributed among the convents, where they might be instructed in the doctrines of the church. In each of the Christian towns there should be indicated def- inite hours each day, in which all the Indians, negroes, and mulattoes, the slaves as well as those who were free, should be brought to- gether to listen to Christian doctrine ; and the law required, furthermore, that these persons should not be hindered or occupied with any-
^5^ SPANISH RULE IN AMERICA
thing else at the appointed hour. The negroes, mulattoes, and Indians who Hved outside of the towns should be called together for the same purpose when they came into the towns on holidays. All persons who had slaves, either negroes or mulattoes, should send them to the church or monastery, at the hour which the prelate might indicate, and they should there be instructed in the principles of the Christian faith ; the archbishops and bishops should have specially in mind their conversion and instruc- tion. On Sundays and feast days no one might be hindered from going to the church or the monastery to hear mass and receive Christian instruction, not even the slave by his master. The penalty for such interference was fixed at two hundred thousand maravedis, one half of which would go to the general treasury, and the other half to the building of churches. Whoever should have unconverted Indians in his service, whether by the day or by the year, should send them to church every morning; and in case, one should not comply with this requirement, he should be deprived of the ser- vice of the Indian or Indians concerned, who would never be permitted to serve him again, and he should, moreover, pay a fine of four dollars for each day of his failure to comply with the law, one half of which should go to the Confradia of the Indians, and the other
THE KING AND THE CHURCH 259
half to the judge. On Sundays and other days when they were obHged to hear mass, the In- dians, negroes, and mulattoes might not be compelled to work.'
In order that the natives of the Indies might have due reverence and respect for the churches, for the ecclesiastics, and for the holy sacra- ments and doctrines, the law imposed numer- ous restrictions on conduct in the churches, and provided that those should not be admitted who ought not to- take advantage of the im- munity which the sacred places afforded. The immunity of the church should not extend to soldiers and sailors who had passed to the In- dies in the armadas or fleets, and had remained without license. Because their remaining was opposed to the public good, they might be taken from the churches, convents, or sacred places, and handed over to commanders of their vessels.
The power of the Inquisition was extended to Mexico at first through certain persons who acted as agents for this court. To this class belonged the Franciscan missionary, Valencia, and the superiors of the Dominican order. Later there were officially appointed inquisi- tors ; and towards the end of Archbishop Montiifar's administration the Inquisition, as a regularly organized tribunal, was established in
' Recop. de Indias, Lib. i.. Tit. ii.
26o SPANISH RULE IN AMERICA
Mexico. This was in 1571 ; and Dr. Pedro de Moya y Contreras, who later succeeded Mon- tiifar as archbishop and then became viceroy, was made the chief inquisitor. The first aiito- de-fe oi Mexico was held in 1574, three years after the introduction of the Inquisition into that country.^
Owing to the great distances between the residences of the bishops, and the great ex- penses that would be entailed by frequent as- semblies, it was provided, in accordance with the decision of Pope Paul V., that the provin- cial councils might be held at intervals of twelve years. The viceroy, the president, or the governor, each in his district, attended these councils in the name of the king, and as the king's representative. Synodical councils were convoked in the archbishoprics and bishoprics every year, and the archbishops and bishops were charged to make these meetings as inex- pensive as possible. The prelates were, more- over, required to allow the members of the regular and secular clergy to vote freely at these meetings, and to express their opinions without hindrance. Measures were also taken to prevent the publication of any conclusions, by either council, adverse to the royal suprem- acy."
' Torquemada, iii., 377.
' Recop, de Indias, Lib. i. , Tit. viii.
THE KING AND THE CHURCH 26 1
There was observed at times a marked dis- position on the part of the ecclesiastical courts to encroach upon the civil authority. In view of this, the audiencias were commanded to hold inviolable, in their districts, the royal jurisdiction. At the same time, the ecclesiasti- cal judges were prohibited from taking cogni- zance of civil cases and also of criminal cases arising among those who had not accepted the Christian faith. Among other restrictions placed on the ecclesiastical judges we find them charged " not to condemn the Indians to labor, nor to permit them to be defrauded of their wages," nor for any cause whatsoever to con- demn them to pecuniary punishments.'
Before the close of the sixteenth century much attention had been directed to the ec- clesiastical organization of Peru. Bishops had been appointed, convents and .religious frater-J nities had been established, every village had its parish priest, and the foundations of the Inquisition had been laid. The first archbishop of Lima, Geronimo de Loaysa, died in 1575, and was succeeded, after the see had been vacant for six years, by Dr. Toribio Mogrovejo, who undertook extensive missionary journeys throughout the kingdom. Through councils and synods he directed the organization of the church, and provided means for educating
' Recop. de Indias, Lib. i.. Tit. x.
262
SPANISH RULE IN AMERICA
priests by founding the College of San Toribio. To these early years belong the lives of at least three Peruvian saints : San Toribio, Santa Rosa de Lima, and San Francisco Solano.
CHAPTER XI
SPAIN'S ECONOMIC POLICY IN AMERICA
A FACT of great importance in revealing the economic characteristics of Spanish rule in America was, that discoveries and settle- ments were usually made, not at the expense of the state, but with private funds. If at any time the crown made advances for the support of an expedition, it was regarded as a loan to be repaid out of the first proceeds of the under- taking ; and assurance was given that the settle- ments should remain under Spanish authority. A decree of Charles V, , which has been incor- porated in the laws of the Indies, affirms that in recognition of
" the fidelity of our vassals, and the pains which the discoverers and settlers experienced in their discoveries and settlements, and in order that they may have more certainty and confidence of these always remaining united to our Royal crown, we promise, and pledge our faith and royal word, in 263
264 SPANISH RULE IN AMERICA
behalf of ourselves and the kings our successors for- ever, that their cities and settlements, on no account or reason, or in favor of any person whatever, shall be alienated or separated, wholly or in part ; and that if we or any of our successors should make any gift or alienation thereof, contrary to this express declaration, the same shall be held as null and void." *
However benevolent may have been the king's intentions which found expression in this de- cree, it is now clear that these intentions could not be carried out, that the sovereign of Spain could not bind his successors, and, moreover, that this pledge was later actually violated.
One of the earliest features of Spain's eco- nomic policy with reference to America was the adoption of the system of encomiendas. This system involved the granting of lands to Spanish subjects, together with authority to command the services of a certain number of Indians. The Indians were expected to culti- vate the lands, and thus make them a source of income to those persons who had received them from the king. In the contemplation of the law, the Spanish settlers held Indians in service not merely for the profits of their labor, but also for the purpose of teaching them the Christian doctrine, and of defending their per- sons and property.
' Recop. de Indias, Lib. iii., Tit. i., Ley i.
SPAIN'S ECONOMIC POLICY 265
Although this system placed the Indians in the position of serfs, the conduct of the Span- iards in this matter was not without its apolo- gists. It was urged that the condition of the Indians was in some sense improved by the conquest ; human sacrifices were abolished, and through the introduction of mules the Indians were released from at least a share of their oppressive and degrading occupations. " The Indians whose liberty had in vain been pro- claimed by Queen Isabella, were till then slaves of the whites, who appropriated them to them- selves indiscriminately. By the establishment of the encomiendaSy slavery assumed a more regular form." '
The fundamental idea of the commercial and industrial policy of Spain, as carried out through the India House, was that of restric- tion and privilege. It involved the granting of exclusive privileges to certain persons or companies, and to certain ports; and it was expected by the holders of these privileges that the monopolies which they had received would continue to be maintained. But they found in the course of time that, by reason of the growth of contraband trade, they had to engage in sharp competition, and that, instead of being a source of profit, their undertakings threatened to lead to their ruin. With this prospect, the
* Humboldt, New Spain, i., i8i.
266 SPANISH RULE IN AMERICA
companies sometimes made effort to induce the government to compel their privileges to be respected. To have enforced a strict ob- servance of these privileges might have given a temporary advantage to the holders of them, but the colonists would have suffered in conse- quence.
While the trade with America was required by law to pass through Porto Bello and Vera Cruz, the southern part of the continent was invaded by European wares through the con- traband trade of Portugal. This and the sub- sequent concessions in favor of Buenos Aires appear to have alarmed the monopolists of Peru. Buenos Aires, which had hitherto been a closed port, was permitted to receive two small vessels from Spain, and the Peruvians feared that the wares brought in these ships and entered annually at the port of Buenos Aires, would render unnecessary a resort to the Peruvian markets, and that these wares would be even carried across the continent, and intro- duced into Lima, thus violating the Peruvians' exclusive control of the trade of the western coast.* Against these concessions and the
' Don Jose de Armendaris, viceroy of Peru from 1724 to 1736, said : *? Es Buenos Aires la ruina de los dos comercios, la puerta por donde se le huye la riqueza, y la ventana por donde se arroja el Peru. Es un lugar de encanto, donde un real permiso se trasforma en una infiel usurpacion y donde aiin
SPAIN'S ECONOMIC POLICY 267
illicit trade of the Portuguese, Peru raised a vigorous protest. It was, moreover, a violation of the strictly protective system, under which Spanish America was held, that trade should be found following lines not marked out by the prescriptions of the law. To avoid these dis- approved results, the Council of the Indies established a line of custom-houses in the in- terior of the continent, separating the provinces of La Plata from those of the Pacific. With no outlet for their products, the flocks and herds multiplied on the rich plains of Uruguay and Buenos Aires, and without a market they were without value.
In the trade in hides, under the limited privileges extended to the port of Buenos Aires, it was required that these hides should be of a certain size. But it happened that about three eighths of those secured by the method in vogue for slaughtering the animals were too small, and had to be rejected. Besides the hides, the only other portions of the animals then preserved were the tongue and the fat.' In the first half of the eighteenth century the
la plata inocente va culpada. Contra este fatal dano ha clamado siempre este comercio ; contra el se han expuesto Ids jueces y contra el han se agotado las providencias." See Pelliza, Historia Argentina, i., 91.
' Letter of F. Cajetan Cattaneo, dated Reduction of St. Mary, Paraguay, April 30, 1 730, printed in Muratori's Mis- sions of Paraguay, 250.
268 SPANISH RULE IN AMERICA
price of negroes at Buenos Aires was from one hundred to two hundred dollars a piece.
The growth of Buenos Aires during the first two decades after its re-establishment in 1580 was so slow that, in 1602, it contained not more than five hundred inhabitants besides the Indians and negro slaves. The increased free- dom which the people of Buenos Aires obtained in the course of time gave an important impulse to progress in this province. Paraguay, on the other hand, became isolated ; the immigration to this interior region was, in large part, inter- cepted by Buenos Aires; and some portion of the territory, in the hands of the Jesuits, felt the paralyzing effect of ecclesiastical socialism. Paraguay's long conflicts withBrazil still further impeded her advance in material prosperity. Progress in Buenos Aires, even if it outran that of Paraguay, was hindered by the lack of effec- tive incentives to immigration and enterprise. When the Indians of Rio de la Plata were sub- dued and the lands explored, the Spaniards did not turn with great enthusiasm from a life of exciting adventure to the tame existence of a farmer or a herdsman. To make the rich plains of Buenos Aires give up their wealth required persistent labor, but it was not for this that the bulk of the Spaniards had sought the New World. In the discovery and develop- ment of mines, as they were found in Mexico
SPAIN'S ECONOMIC POLICY 269
and Peru, there was always an opportunity for severe labor, but there was also the possibility of great rewards. In carrying war into the wilderness against the Indians, there were, moreover, always difficulties and dangers, but there was also the possibility of capturing a prince, whose ransom might suddenly enrich an army. Therefore, after the period of the ad- venturers was passed, and the affairs of the province had assumed a settled order, Buenos Aires was outrun by other colonies in the com- petition for settlers to aid in the development of her resources.
If the material development of Buenos Aires was rapid in comparison with the towns of Paraguay, it was slow in comparison with the growth of certain towns in the mining regions, and this slowness was due in a large measure, among other things, to the fact that Buenos Aires had been a closed port. If later certain concessions were made, favoring a limited amount of direct trade with Spain, there was revealed in this no intention to depart from the general policy which had been adhered to pre- viously. The concessions made in the first half of the seventeenth century failed to satisfy the inhabitants; for, while a certain amount of freedom was granted on the east, trade with Tucuman and Peru was cut off on the west, except on the condition of paying a duty of
270 SPANISH RULE IN AMERICA
fifty per cent. This duty indicates that the Spanish administration had not departed from its restrictive policy, for the purpose of this duty was to increase the prices of goods im- ported to the western provinces by way of Buenos Aires, in order to make them equal to the prices of goods brought by the estabHshed route of Panama, and thus to prevent the ship- ments to Buenos Aires from interfering with the monopoly of Peru.'
An important feature of the trade with America was the traffic in slaves from Africa. Black slaves were introduced into Spain as early as 1442, and the modern trade in negroes began about that time. In the " year 1444, Europe may be said to have mads a distinct beginning in the slave trade."'* Slaves were first carried to the Spanish Islands in 1503.' Several negroes were conveyed to America as early as 15 10. They were taken on the private account of King Ferdinand. But in 15 16 the exclusive privilege to transport negroes to America was granted to a person named Chevris, who ceded this right to a company of Genoese merchants for the sum of 23,000 ducats. The first negroes dispatched under this privilege were one thousand sent to San
' Mitre, Historia de Belgrano, i., 33. ^ Helps, Spanish Conquest, i,, 51. 3 Pradt, The Colonies, 80.
SPAIN'S ECONOMIC POLICY 27 1
Domingo, in 15 17.' After the recommenda- tion of Las Casas concerning the importation of negro slaves had been adopted, it was thought that four thousand would be adequate to meet the immediate demands. By the asiento of 15 17, Charles V. extended the privilege of this trade to De Dresa, a Fleming, under the assur- ance of a monopoly for eight years, which had the effect of increasing the price of negroes. In the last years of the sixteenth century, Philip II. had great need of money, and he sought to procure it by granting for a consideration the exclusive privilege of the slave trade with America. Gomez Reinel held this privilege from 1595 to 1600, when it was granted to a Portuguese named Juan Rodriguez Contineo, who argeed to furnish to the Indies annually 4250 slaves, and to pay to the crown 160,000 ducats. On the death of Rodriguez Contineo, his privilege and obligations under this contract fell to his brother, and at the time of the trans- fer the annual payment to the crown was re- duced 22,000 ducats. A few years later, in 161 5, the asiento was granted to Antonio Fer- nandez Delvas, for the period of eight years. Delvas was a Portuguese, and under his con- tract he was obliged to introduce into America each year 3500 slaves, and to pay 115,000 ducats to the crown. At the expiration of the
* Present State of Peru, 89.
2/2 SPANISH RULE IN AMERICA
period of this grant, the asiento was assigned for another eight years to another Portuguese, Manuel Rodriguez Lamego, who agreed to introduce the same number of slaves, 3500, but to increase by 5000 ducats the annual pay- ment. During the eight years following 163 1, the contract called for a payment to the crown of 95,000 ducats, and the introduction of 2500 slaves. After this period there was an inter- ruption of this form of the slave trade till 1662. In this year the asiento was granted to Domingo Grillo and Ambrosio Lomelin, for a term of seven years, during which they were required to introduce 24,500 negroes, and pay the king 2,100,000 dollars. In 1674, the privilege of this trade passed to Antonio Garcia and Sebas- tian de Siliceo, who were required to import annually 4000 slaves, and pay 450,000 dollars. Owing to a failure on the part of this company to comply with the terms of the grant, it was recalled in 1676, and conferred on a company in Seville. In 1682, the privilege of this trade was granted for five years to Juan Barroso del Pozo and Nicolas Porcio, residents of Cadiz. They had agreed to pay 1,125,000 dollars, but, as they failed in this, the contract was trans- ferred to a Hollander, Baltasar Coimans. Prior to this time the holders of this privilege had been Europeans, but in 1692 it was assigned to Bernardo Francisco Martin de Guzman, of
SPAIN'S ECONOMIC POIICY 273
Venezuela, for five years, on the payment of 2,125,000 dollars. He was followed, in 1696, by the Portuguese Company of Guinea, who held the asiento for six years, after which it passed to the French Guinea Company, and finally, by the treaty of 171 3, the monopoly of the slave trade with Spanish America fell into the hands of the English.'
Under the asiento of 1713, an English com- pany was obliged to introduce 144,000 negroes into Spanish America, within thirty years, be- ginning May I, 1 71 3, at the rate of 4800 each year. For each negro the company was re- quired to pay thirty-three dollars and a third, which would cover all duties that existed then or that might be imposed later. The company was required, moreover, to advance to the Spanish king 200,000 dollars in two equal pay- ments, the first to be made two months after the signing of the contract, and the second two months after the first. This amount was not to be returned to it till after twenty years ; then for the last ten years of the specified term it might withhold 20,000 dollars a year from the duties otherwise payable. In consideration
' Calvo, Coleccion Completa de los Tratados de la America
Latina, ii. , 53-55 ; for the Asiento of 1696, see pp. 5-42 ; for
that of 1 701, see pp. 60-77 i for that of 17 13, see pp. 78-101 ;
also The Asiento; or Contract for Allowing to the Subjects
of Great Britain the Liberty of Importing Negroes into the
Spanish America, printed by John Baskett. London, 1713. 18
274 SPANISH RULE IN AMERICA
of the advance payment of 200,000 dollars, the risks, and the interest, the company was required to pay duty on only 4000 negroes an- nually, the remaining 800 being admitted with- out payment. The importation in any given year was, however, not limited to the pre- scribed 4800. There was, in fact, an induce- ment offered to have it exceed that number; for each negro imported over that number in the first twenty-five years of the term, there was required a duty of only sixteen dollars and two thirds.
For carrying on this trade, the company might employ either British or Spanish ships. In case Spanish ships were used, it must be with the consent of their owners, freight being paid them. The ships, moreover, might be manned with either English or Spanish sailors. In view of the fact that those provinces which had not had landing-places for slaves hitherto, had been considered as enduring great hard- ships, it was by this contract provided that negroes might be sold in all ports of the Atlan- tic where there were royal officers to certify to the number imported. At the same time three hundred dollars was fixed as the maximum price for which negroes might be sold in the ports of Santa Marta, Cumana, and Maracaybo, but in the ports of Mexico and Central America, the company might sell them for whatever it
SPAIN'S ECONOMIC POLICY 2J$
might be able to get for them. Of the annual importation of 48CX) negroes, 1200 might be taken to the Rio de la Plata, 800 for Buenos Aires, and 400 for neighboring provinces, and there sold without restriction as to price. On the Pacific coast of South America, only the ports of Peru were open to the company. To these it was permitted to ship negroes from Panama, and to enter at Panama without duty the gold and silver brought back as the prod- uce of their sales. This trade enjoyed other exemptions from the established duties. What- ever cables, sails, iron, or other stores and pro- visions were necessary for the ships engaged in the trade between Panama and Peru might be entered at Porto Bello without duty, but the articles so entered might not be sold. For the management of the trade in negroes, the company was permitted to employ either Eng- lish or Spanish,
" his Catholic majesty dispensing for that end, with the laws which forbid strangers entering into or inhabiting that country; declaring and command- ing that the English, during the whole time of this asiento^ shall be regarded and treated as if they were subjects of the crown of Spain, with this re- striction, that there shall not reside in any one of the said ports of the Indies more than four or six Englishmen." ^
' The Asiento ; or Contract for Allowing to the Subjects
276 SPANISH RULE IN AMERICA
For the administration of its affairs, the com- pany was empowered to appoint " in all the ports and chief places of America, Judges Conservators of this asiento whom it may remove and displace, and appoint others at pleasure." For their removal, however, it was necessary to show cause that would be approved by the president, governor, or audi- encia of the district. These judges were to have exclusive jurisdiction in all cases relating to the asiento, and the authorities of the coun- try, even the viceroys, were forbidden to inter- fere. But from the decisions of these judges appeals might be taken to the Council of the Indies.
The royal officers might not lay an embargo on the ships of the company, or detain them for any cause whatsoever; but they were " ob- liged to afford them all favor, assistance, and succor"; nor could they under any pretence seize their stock, goods, or effects, or search their warehouses, except after proved fraudu- lent importation, and then only with the assist- ance of a judge conservator. In shipping their goods to Europe the company was permitted to make use of Spanish vessels, by " agreeing for the freight with the captains and owners of
of Great Britain the Liberty of Impoj'ting Negroes into the Spanish America, Art. xi., printed by John Baskett. London, 1713-
SPAIN'S ECONOMIC POLICY 2/7
the ships " ; or it might employ its own vessels under the free convoy of the Spanish ships of war. And all goods thus imported into Spain would be admitted free of duty, the stock of the company being regarded as having " the same privilege as if it belonged to his Catholic majesty."
The formation of this contract made it un- lawful " for the French Guinea Company or for any other person whatsoever to introduce any negro slave into India," under penalty of confiscation of ships and negroes. The ships engaged in the trade in negroes under this contract might not be used for taking to Spain either Spanish passengers or goods belonging to Spanish subjects; and on arriving at American ports they should be " searched to the bottom, even to the ballast," and any goods found on board should be seized and the guilty parties punished. But pro- visions put on shore to maintain the negroes should be exempt from duty. In case, how- ever, more were landed than could be con- sumed, the surplus might be sold after paying the duties established at the port in question. The duties on negroes imported were due as soon as the arrangements preparatory to land- ing had been made by the royal ofificers. If any of the negroes should die before they were sold, this fact would not exempt them from
278 SPANISH RULE IN AMERICA
duty, except in cases where they were found to be ill, and were landed not for sale but for the sake of improving their health, and should die within fifteen days after landing. If they were alive at the expiration of fifteen days, they would be subject to duty. Having paid duty at one port, negroes might be transported to another port, and entered without payment, on the presentation of the proper certificate from the officers of the first port.
This contract was not formed without regard to the revenues of the kings of England and Spain.
"It is agreed and stipulated that both their majesties shall be concerned for one half of this trade, each of them a quarter part which shall be- long to him, pursuant to this agreement. And whereas it is necessary that his Catholic majesty, in order to have and enjoy the benefit and gain that may be obtained by this trade, should advance to the said company one million dollars, or a quarter of the sum which shall be judged necessary for the putting of this commerce into a good order and method, it is agreed and settled that if his Catholic majesty shall not think it convenient to advance the said sum, the aforementioned asient- ists do offer to do it out of their own money, upon condition that his Catholic majesty shall make good the interest out of what they shall be accountable for to him, at the rate of eight per cent, yearly. "
SPAIN'S ECONOMIC POLICY 279
At the end of the first five years, the com- pany was required to render to the king of Spain a sworn account
" of the charge of the purchase, subsistence, and sale of the negroes, and all other expenses upon their account; and also certificates in due form, of the produce of their sale in all ports and parts of America belonging to his Catholic majesty, whither they shall have been imported and sold; which accounts, as well of the charge as of the produce, are first to be examined and settled by her Britanic majesty's ministers employed in this Service, in regard to the share she is to have in this asiento^ and then to be examined in like manner by this court; and his Catholic majesty's share of the profits may be adjusted and recovered from the as- tentists^ who are to be obliged to pay the same most regularly and punctually, in pursuance of this article."
Out of the profits of the first five years the company might reimburse itself for the ad- vance of the Spanish king's quarter part and for the interest. A similar account was re- quired every five years successively. For three years after the expiration of the thirty years specified in the contract, the company should enjoy the same privileges and immunities as were guaranteed to it for the term of the con- tract, in order to give it opportunity " to ad-
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just its accounts, and gather in all its effects in the Indies, and to make up a balance of the whole." A special provision was made for collecting debts due the company, by placing them on the same footing as debts due the king. The participation of Spain in the affairs covered by this contract was through a com- mittee of three appointed by the king from the Council of the Indies. In case of war between Spain and England, the company should have a year and a half to withdraw its effects from Spain and the Indies ; but in case of war be- tween either of these kingdoms and another nation, the ships belonging to the company should be neutral and carry passes and special colors. For the thirty years of the contract and three additional years, all Spanish laws in conflict with the terms of this agreement were set aside in favor of the contract. And what- ever liberties, favors, privileges, and exemp- tions had been granted to any former company were turned to the advantage of the com- pany under this contract, in so far as they were not in conflict with any of its specific provisions. In addition to the trade in negroes, the com- pany was permitted to participate in the gen- eral trade with the Indies to the extent of the capacity of one ship of five hundred tons a year during the specified thirty years. In this trade the king of Spain was to have one-fourth
SPAIN'S ECONOMIC POLICY 28 1
interest, and to receive five per cent, of tlie net gain of the other three fourths. The goods imported into America under this provision were to be exempt from duty, and could be sold only at the fair of Porto Bello. If the vessel carrying them should arrive before the Spanish fleet, they were to be stored in ware- houses locked with two keys, one of which should be held by the royal officers of the port, and the other by the agents of the company.
The articles of the treaty of 1713, which re- ferred to the participation of the English in the annual fair at Porto Bello, were explained and modified by a subsequent treaty made in 1716. The English had complained, that on account of irregularity as to time and place of holding the fair and of the difficulty of preserving their wares, particularly at Porto Bello, the trade was likely to be attended with loss rather than gain. In this treaty the king of Spain agreed ** to inform the English court of the exact time of the sailing of the Spanish vessels for the Indies, so that the company might cause its ship to sail at the same time." In case the Spanish vessels should not leave Cadiz in the month of June, the English company might send its vessel, having informed the Spanish government of the time of its departure. If it arrived at the port where it had been deter- mined to hold the fair, at Cartagena, Porto
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Bello, or Vera Cruz, before the arrival of the Spanish vessels, it should wait for them four months, after which its wares might be sold without restriction.
This treaty contained another concession to the English company. It was found that some- times more wares were taken to Africa for the purchase of slaves than could be used. In such cases, as there were no warehouses in Africa, the company wished the privilege of transporting the surplus to the Indies. The king of Spain acceded to this wish with re- spect to Buenos Aires, because *' between Africa and the port of Buenos Aires there was no island or landing-place under the British king where the vessels of the asiento de negros could halt." This was not true of the ports of Cara- cas, Cartagena, Porto Bello, Vera Cruz, Havana, Porto Rico, and San Domingo ; for Jamaica and other islands of the West Indies were already under British authority, and furnished as ac- cessible harbors as those under the control of the Spaniards. It was, moreover, determined to make the term of the asiento begin on the first of May, 1 7 14, instead of one year earlier, as had been provided in the treaty of 1713, and to have the terms of the payments arranged accordingly.'
' Tractado declaratorio de algunos articulos del asiento de negros que se pacto el 26 de marzo de 1716 con la Inglaterra, concluido en Madrid el 26 de mayo de 1716. This treaty is printed in Calvo's Coleccion, ii., 1 81-186.
SPAIN'S ECONOMIC POLICY 283
Under this treaty the English had been granted the privilege of participating in the trade of the Indies to the extent of the wares that might be carried in one ship of five hun- dred tons sailing annually. In order to derive from this concession the maximum advantage the representatives of this thrifty nation took with their privileged ship sometimes five or six smaller vessels loaded with goods. When they arrived near Porto Bello, the provisions and furniture were removed from the privileged vessel, and she was filled to the rigging with wares taken from the little ships in attendance. By this simple artifice the privileged ship was made to carry more than five or six of the largest ships of Spain. The English being able to sell cheaper than the Spaniards, that in- dulgence, according to the Spanish view, " was of infinite detriment to the commerce of Spain."' After this first invasion of Spain's exclusive control, that country appeared unable to furnish the goods that were demanded by her transatlantic possessions, and their wants had to be supplied from other countries. Hol- land followed England, and in the course of time every manufacturing nation of Europe had part in the trade with Spanish America.
To surround the violation of commercial regulations with all the terrors of the law, it
* UUoa, A Voyage to South America, i., 106.
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was provided that in case foreigners should succeed in entering Spanish-American ports, the inhabitants should not trade with them, on pain of death and confiscation of property. But these laws were not effective. The num- ber of foreigners in the seaport towns and the amount of foreign trade increased, and in cer- tain quarters, particularly at Buenos Aires, the contraband trade very early exceeded the legal trade with Spain. In fact, the city of Buenos Aires outran in its growth other towns because of the great advantages of the contra- band trade over the legitimate trade.
Not only in commerce but also in agriculture was the Spanish policy restrictive. As late as 1803, " orders were received in Spanish Amer- ica from Spain to root up all the vines in certain provinces, because the Cadiz merchants com- plained of a diminution in the consumption of Spanish wines." ^ Spain objected also to the cultivation of tobacco in Spanish America, and the inhabitants were prevented from raising flax, hemp, or saffron. The cultivation of the olive was forbidden, lest it might limit the market for Spanish oil. If in Buenos Aires the inhabitants were allowed to cultivate grapes and olives, it was only " by special permission, and only in sufficient quantity for the table."
The Spanish policy with reference to the
* Hall, Journal, i., 296.
SPAIN'S ECONOMIC POLICY 285
American possessions not only imposed restric- tions on industry and commerce, but also on the movement of population. The violation of laws concerning this latter subject was pun- ished with confiscation of property, one fourth of which went to the informer, and the rest to the royal treasury. Although the policy re- specting migration reveals a vicious tendency to hedge about a popular movement with too many restrictions, it must be admitted that some of the regulations indicate a humane spirit on the part of the makers of the law. Such was the requirement that no slave who was married should be allowed to go to the Indies without his wife and children. The re- strictions on emigration necessitated a slow increase in the population of the Spanish colo- nies, and thus permitted a more complete as- similation of the Spaniard to the Indian type than would have been possible had the emigra- tion to the colonies been unrestrained and rapid.
But the people of Spanish America com- plained that the restrictions which were im- posed upon them sacrificed the well-being of a continent to the ignorance and selfishness of the Spanish court and its privileged adherents. If a settler on the bank of the Rio de la Plata wished some article of European production, for a long time the route by which it could
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reach him in the course of legitimate trade was from Seville to Porto Bello, from Porto Bello across the Isthmus to Panama, from Panama to Lima, and from Lima across the continent to its destination. The effect of this, except in i few favored places, like Lima and the City of Mexico, was to prevent the use of European wares, and to compel the settlers to accept such substitutes as they were able to produce or obtain from the Indians. In other words, the trade restrictions which were imposed upon the colonies, instead of permitting them to start with the advantages of the achievements of European civilization, in many cases drove them back to the barbarism of the aborigines, and doomed them to go over again the painful way up to civilization, which their ancestors had trod in Europe. To go from Spain to America, except to a few privileged places, was not merely to go into exile, but even to renounce civilization. And not only this, for by reason of the restrictions placed on agriculture and the industries, as well as on trade, one was not given a free hand with which to work his way forward. It is true, there were no legal hin- drances to the raising of cattle on the vast and fertile plains of the Argentine. But the natural ports of this region were closed, and there was no outlet towards the civilized world for the products of these ranges, except across
SPAIN'S ECONOMIC POLICY 287
the continent to Peru, over the Isthmus to Porto Bello, and from Porto Bello to Spain once a year. With a Hmited population and no exit, and with practically unlimited herds, the value of these herds disappeared. In the early years of the eighteenth century, even after the port of Buenos Aires had been opened to the extent of admitting two small vessels annually, an ox was worth $1, a sheep from 3 to 4 cents, and a mare 10 cents. The prices had risen to this amount from a still lower point under the influence of the demand made by these vessels for hides, strengthened by the larger demand of the contraband trade of the English and Portuguese. It was clear enough to the people of the Argentine that to them a closed port meant poverty, and a free port prosperity. Their opposition to the Spanish policy, and, in fact, to the Spanish rule, which appeared in the beginning of this century, was no sentimental opposition, but rested on the hard basis of economical considerations. As economical considerations were conspicuous in the motives of the Dutch in revolting against the authority of Spain, and furnished also an important ground of the action which the thir- teen English colonies took against the mother country, so the industrial and commercial restraints, with which Spain hampered the economical development of South America,
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constituted a standing grievance, and had great weight in ultimately determining the people to make themselves free. The intensity of the evils of restriction was decreased in the course of time, but for this no thanks were due to the authorities of Spain. The Spanish policy failed, because it involved an irrational scheme. It failed, because it undertook permanently to contravene the normal operation of economic forces. It broke of its own weight, and it left the people to whom it had applied with a weakened sense of their obligations to uphold the law.
The inhabitants of Spanish America, with unimportant exceptions, revolted against the protective system which had been imposed upon them. Prominent among the exceptions were the little towns of Panama and Porto Bello. As long as all trade to the greater part of South America had to pass the Isthmus, these ports, as points for the collection and distribution of the wares involved, maintained a degree of relative importance. They were naturally interested in the continuance of the royal policy. But the great bulk of the people desired freedom. They saw that governmental restrictions on trade were likely to be made in the interests of a few persons, or of certain limited sections. Buenos Aires, standing on the Atlantic shore facing Europe, objected to
SPAIN'S ECONOMIC POLICY 289
being made by law the extreme frontier, and the insignificant concession of 1618, which permitted two ships of 100 tons each to enter the port annually, failed to satisfy their com- mercial ambition. The inhabitants of this and other isolated provinces recognized that the commercial regulations violated their interests, and they were driven to decide between up- holding a law which sacrificed their well-being, and giving countenance to a violation of this law, through which would come prosperity and progress. The result here was what might have been expected. The vast extent of the border of Spain's possessions made it impos- sible for her to guard it efficiently. Smuggling could therefore be carried on with impunity, and the high prices which had been given to European wares in America by the system of restriction, constituted a sufficient inducement to lead the merchants of other nations to en- gage in contraband trade.
The restrictive policy as it was carried out through the India House did not realize the magnificent expectations of Spain. At this time Spain had clearly the position of supreme advantage in the world. She was the leading power in Europe, and she owned the larger and better half of this continent. But under the influence of a policy of commercial jealousy, ** her population declined, her manufactories
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were ruined, her merchant marine ceased to exist except in name, her capital was dimin- ished, foreigners carried on her commerce by means of contraband, and all the gold and silver of the New World found their way to other countries than Spain." *
But when the opportunities of two centuries had been thrown away, the king of Spain was compelled to acknowledge that the system which had been wrought out with such aston- ishing care and diligence, and upheld by a marvellous administration, was a disappoint- ment and a failure. He accepted the actual condition of things into which the trade with America had drifted in spite of the law, and even extended the privileges of trade to ports which had hitherto been closed. In 1764, ships for America were allowed to depart from Corunna for all the principal ports of the Spanish colonies, and to return thither with their cargoes of colonial produce. Ten years later, in 1774, the several Spanish colonies were permitted to trade with one another. In 1778, there was promulgated a new commercial code for the Indies, which enlarged the freedom of trade between Spain and her American posses- sions, but did not extend this freedom to other nations. According to the king's view, as ex- pressed in the introduction to this law, to grant
' Mitre, Belgrano, i., 23.
SPAIN'S ECONOMIC POLICY 29I
freedom was the only means of re-establishing in their ancient vigor the agriculture, industry, and population of his dominions. Moved by this consideration, he opened various ports of Spain to the American trade, and a little later, in February, 1778, made concessions to the provinces of Buenos Aires, and to the kingdoms of Chile and Peru. Finally, in October of this year, the new code was established, and it was provided that it should contain all the points of the earlier concessions which had not been revoked.
Ships engaged in this trade had to belong entirely to the king's subjects, and be manned by sailors, two thirds of whom at least were Spaniards either by birth or naturalization. And all the principal ports both in Spain and Spanish America were open to this trade.
Although this law professes to establish ** the free commerce of Spain with the Indies," the term here involved is not to be taken in the sense which attaches to it in current discus- sion. Ships might not sail without a license, and the wares which they carried were not all exempt from the payment of duties, although the duties when imposed were low, and varied according to the importance of the port of des- tination. Shipments to the smaller ports paid one and one half per cent, on goods produced by Spaniards, and four per cent, on all foreign
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manufactures, besides the amounts these may have paid on their introduction into Spain. Goods shipped to the more important ports paid three per cent., if they were Spanish prod- ucts, and seven per cent., if produced in other countries, unless entirely exempt from duty. For a period of ten years Spanish manufactures of wool, and cotton, and certain other articles were admitted without payment. Notwith- standing these merely nominal duties, the new commercial code was essentially a code of free- dom. It was a violation of the fundamental features of Spain's traditional policy ; but it was for the advantage of both Spain and Spanish America. It called into action creative forces that had slept for centuries, and it gave indica- tions of the beginning of a new economic life. But relief through freedom came too late. By centuries of unreasonable discrimination and unjust restriction, Spain had forfeited her parental rights ; and emancipation was the logical and inevitable step forward.
CHAPTER XII
SPANISH AND ENGLISH COLONIES IN AMERICA
THE peculiarities of the institutions of dif- ferent nations are attributable in part to unlike climatic and geographical conditions, and in part to different race characteristics. The contrast between the political characteris- tics of France and Germany is to be attributed only in a very slight degree to geographical contrasts, but in a very large measure, imme- diately, to the inherited qualities of the inhab- itants. But the differences between England and Germany, or between England and France, have been produced to a much greater extent by the force of different geographical condi- tions. Although at different epochs of English history political liberty has been temporarily suppressed, still the eclipse has been only par- tial and of a comparatively short duration. But in other countries, as in Spain, France, 293
294* SPANISH RULE IN AMERICA
Germany, with apparently favorable begin- nings, the people early lost a share of their ancient liberties. The superiority of England's good fortune in this regard is largely due to the geographical fact that it is an island. The people from the continent, who settled Eng- land, brought with them no political wisdom greater than that which they left behind with their kindred. In their new home, however, they found conditions favorable to the growth of independence. Their circumstances here favored the development of that political wisdom which they had in common with the whole Germanic people, and enabled the nation to realize this wisdom in free institutions.
The fact that one nation has a different heri- tage from another to transmit may be due to the influence of geographical conditions; yet certain things in a nation's character we recog- nize as the immediate result of heredity. Even if we are not disposed to accept this idea with all the consequences that have been assigned to it, yet there are undeniably certain charac- teristics which pass by inheritance from one generation to another. There is no doubt that the persistence of a national or race character may be explained, to a certain extent, by the fact of imitation, but, at the same time, there survives by inheritance, in the nation as well as in the individual man, somewhat that can be
SPANISH AND ENGLISH COLONIES 2%
accounted for neither on the ground of imita- tion nor on the ground of previous instruction. There exists an inherited bias, aptitude, or propensity, which makes certain ideas accept- able, and others repugnant, and will, therefore, be likely to insure the adoption of the one and the rejection of the other.
The fundamental similarity of the govern- ments of all the nations of one race can be fully explained only by taking account of a common inheritance of primitive political traditions. All the modern Aryan nations have govern- ments organized on a common fundamental plan, and this plan embraces the essential features of the primitive government of the stock from which these nations are descended. This similarity may be explained as an inheri- tance by tradition, or as an inherited habit of mind, which leads it to seek instinctively to reproduce the primitive form of organizations. For the light it throws not only on the form of government, but also on its action, it is im- portant to know the course of historical events which have marked the nation's progress. If we would get a key to a nation's colonial policy, we must know not only the form of its govern- ment, but also on what particular element in the government stress has come to be laid. With the retention of the three agencies of power, there may still be only one of them
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effective. Spain retained her council and cortes after she had become practically an absolute monarchy. England retains her crown and Lords after she has drifted far towards de- mocracy. It is necessary to knoAV not only these things, but also the character of a na- tion's system of administration. In the differ- ence between Spain's system of centralized administration and England's strong local gov- ernment may be discovered the main explana- tion of the difference between the institutions which England and Spain planted in the New World.
No ideas of governmental organization are so familiar to colonists, or so likely to be carried out, as those which have been reaHzed in the mother country. Each state is likely to repro- duce itself, with variations, in its colonies. The method and spirit are transmitted, and whatever variation in form appears is due to the peculiar circumstances of the new settle- ment.
The colonies of Spain and England stand in sharp contrast in this regard. A Spanish colony, whether viewed with reference to its organization or to its influence, is widely differ- ent from an English colony. The difference is not merely casual ; it is fundamental. With certain variations, it is the distinction which existed between the colonies of the Greeks and
SPANISH AND ENGLISH COLONIES 297
the Romans. The Greek settlements, made up of the voluntary overflow of the population of the mother country, were usually independ- ent from the start.
" The migrations of the colonists were commonly undertaken with the approbation and encourage- ment of the states from which they issued ; and it frequently happened that the motive of the expedi- tion was one, in which the interest of the mother country was mainly concerned ; as when the object was to relieve it of superfluous hands, or of discon- tented and turbulent spirits. But it was seldom that the parent state looked forward to any more remote advantage from the colony, or that the colony expected or desired any from the parent state. There was in most cases nothing to suggest the feeling of dependence on the one side, or a claim of authority on the other. The sons, when they left their homes to shift for themselves on a foreign shore, carried with them only the blessing of their fathers, and felt themselves completely emancipated from their control. Often the colony became more powerful than its parent, and the distance between them was generally so great as to preclude all attempts to enforce submission." *
The only bond between them was a moral sentiment growing out of the fact of a common origin.
' Thirlwall, History of Greece^ ch. xii. (ii., 97).
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The Roman colonies, on the other hand, formed a part of an elaborate scheme for extend- ing Roman dominion. They were the creatures of the central power, and the main instruments for confirming its conquests. " The Grecian colonies were not intended to increase the power of the parent state by enlarging its dominions, and they were usually established in some unoccupied or partially occupied terri- tory." But the Roman colonies were often
" established in existing towns, the citizens of which were ejected and deprived of their lands. . . . Instead of being independent of the parent state, they were strictly dependent on it, and the political rights of the colonists were very limited In fact, the Roman colonies were, in their origin, little more than garrisons in conquered fortified places, where land was allotted to the soldiers instead of pay and provisions." ^
In the methods of their establishment, the English colonies were like the colonies of Greece. The colonies of Spain, although the funds for their original settlement were largely private, were, like the Roman colonies, crea- tions of the central political organization, and were upheld and controlled by a power outside of themselves. Most English colonial depend- encies have worked their way to prominence
'Lewis, Government of Dependencies, 116.
SPANISH AND ENGLISH COLONIES 299
through a struggling age of feebleness. The Spanish dependencies, on the other hand, have from the outset been equipped with ample legal machinery. In theory all the vast pos- sessions of Spain in America were dependencies of the crown, and not subject to the govern- ment of the authorities, aside from the king, that ruled in Spain. The English colonies could pretend to no such position.
" The leaders who conducted the various Spanish expeditions, the viceroys and governors who pre- sided over the several colonies, the officers of jus- tice, and the ministers of religion, were all appointed by the king's authority, and removable at his pleasure. The people who composed the new set- tlements were entitled to no privileges independent of the sovereign, or that served as a barrier against the crown."
The power that was exercised by the elected magistrates in the towns, was merely munici- pal, and was confined to their own interior commerce and police. All political power " centred in the crown, and in the officers of its nomination."
But the independent feebleness of the Eng- lish settlement was more conducive to healthy social growth than the rigid and powerful rule of the Spanish royal officials. The knowledge of the viceroy's power and of his uncompromis-
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ing jealousy of any interference in affairs falling within the sphere of his prerogative paralyzed all efforts of local self-help ; and yet, by reason of the multiplicity of his duties and the vast- ness of his dominions and the indifference of his subordinates, he could render no efficient force to stimulate social action, and stagnation therefore necessarily ensued.
The English settlement, beginning with the town meeting as the only organization and source of public authority, or rather of the authority that was felt in the ordinary con- cerns of life, grew by the internal forces of an independent community, and acquired wis- dom for social control by the slow and ex- pensive process of experience. But however unlike were the English and Spanish depend- encies with respect to their social and political institutions, there were certain fundamental motives to their establishment, which were the same for both. They were both under the theories of wealth that then dominated the world. They both sought gold and silver. Spain sought them directly; England, under the influence of the East India Company, in a more roundabout way. Mexico and Peru fur- nished these metals directly from their mines, and for this reason were regarded by Spain as the most desirable possessions conceivable. No effort was spared that might be necessary to
SPANISH AND ENGLISH COLONIES 30I
conquer and hold them. They contained in abundance what all nations looked upon as the basis of material salvation.
While Spain sought gold directly and made laws to prevent its exportation, England was willing under certain circumstances to allow it to leave the country. But the general ultimate aim of the English was the same as that of the Spaniards. If gold was allowed by the English to go out for raw material, it was in order that the raw material when elaborated might go out for a larger quantity of gold. There were, of course, colonies planted from other motives, like the Pilgrims on the shore of New England, but they did not represent the colonial policy of England.
From another point of view, the English and Spanish policies with reference to colonial de- pendencies have been somewhat wide apart. While Spain was sending Christian missionaries to extend the kingdom of heaven on earth, England was making some of her colonies, at least, places of banishment for her convicts. There is no doubt that one of the strongest motives of Spain's action was a genuine and honest desire for the spiritual regeneration of the native population, and that this desire was felt by many of those who sought to make themselves the instruments of this regeneration. But, at the same time, it will probably be ac-
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knowledged that ecclesiastics, when they have constituted the dominant factor, have not always furnished a hopeful basis for a new social organism. Where, as in Paraguay, the priest was for a time completely dominant, it may be said that the natives learned the arts of peace and were well started on the way towards civilized life. Yet the method of building up a society which had been adopted in the missions of South America had to undergo a revolution before any real progress could become possible. And the missions of California, when they were secularized, had gone about as far as it was possible to go on that line towards civilization. A few thousand natives had been reduced to a slave-like sub- mission, and a few thousand cattle had been scattered over the hills and along the valleys, and at this point social progress had stopped.
But the most significant contrast between Spanish and English institutions in America appears with reference to the extent of power exercised in matters of local control. It is a contrast not only in methods of government, but also in means of political education. Under the rigid rule of the Council of the Indies and its subordinates, the great body of the people in the Spanish colonies learned only one lesson, and that was the necessity of obedience. The power of self-direction or self-control they had
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no opportunity to acquire. They only learned to follow ; not because they saw any reason for going in one direction rather than in another, but because they were dominated by a super- stition or habit favoring obedience, born of long subjection to absolute rule, and of inex- perience in matters of public concern. The result of this was to make possible quiet and orderly conduct, as long as the power of the parent state remained unshaken ; but it did not prepare the way for independent national ac- tion. When, therefore, the tie of allegiance to Spain was severed, the communities were like a ship without a rudder or ballast. There were no points of advantage that could be used to give them consistent movement in any direc- tion. They were subject to the shifting cur- rents of uninstructed prejudice. While the bulk of the people were willing to render obedi- ence, they were without the means of deter- mining to whom it should be rendered. They were perfect material for the demagogue, or the pliant tools of revolutionists. The Spanish- American attempts at self-government have, therefore, in most cases had a sorry outcome; not because of any original incapacity in the stock, but because of the lamentable political education which the dependencies received during their three centuries of bondage to Spain.
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It is natural to cast the blame for the politi- cal shortcomings of Mexico and the South American republics on the republican scheme of government. The wonder, the rather, is that the republican system has been able to find here any tolerable application. Most of the evils which are charged against republican- ism as a system of government, whether in the former Spanish dependencies of America, or in the now independent English settlements, can- not with justice be ascribed to republicanism, but are rather attributable to the unfortunate political antecedents of those who are attempt- ing to live by the republican rule. The sins of the fathers are being visited upon the children. Previous education under monarchy is one of the chief sources of embarrassment to republi- can government. But the English colonies have been less unfortunate than the Spanish. Deriving from their mother country the spirit of liberty and local independence, their institu- tions have grown in harmony with their society. The zeal for political freedom which was man- ifest in a large part of the English nation, in the seventeenth century, and the ample provi- sions for self-government which had already been carried out by the English people, de- scended as a beneficent heritage upon the colonies of the EngHsh stock. On the other hand, the colonization of Mexico and South
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America took place at a time when the ancient popular liberty of Spain had been suppressed, and the nation subjected to the despotic rule of the crown. The contrast between the origin of the Spanish-American states and that of the United States not only helps to explain the difference between their institutions, but also affords certain indications as to the difference between their later courses of political develop- ment. The settlers of the United States came from a nation which had resisted the encroach- ments of the crown; the settlers of Spanish America came from a country where the national parliament had already lost its power, and the government been removed from popu- lar control. The Spanish settlers of Mexico and South America were, politically, repre- sentatives of a retrograde movement. Spain gave to her American possessions an inheritance of absolutism, in which the principle of liberty found little recognition. The traditions with which Spanish America began her career were the traditions of despotism, and any permanent advance towards liberty had to be made in op- position to these traditions. In the United States, on the contrary, the liberty of the people grew naturally out of their political tradi- tions.
The institutions and practice of the English and Spanish colonies, when observed from
3o6 SPANISH RULE IN AMERICA
another point of view, present another impor- tant contrast. The United States were settled by a people who, throughout a most remark- able career of conquest and colonization, have never truckled to the savage, nor, for the sake of influence over inferior races, been willing to give up the purity of their blood. Since the days of migration from the lowlands of Sles- wick, the English people, in England, in America, and in Australia, have moved stead- ily and irresistibly forward, and their advance has been marked by the disappearance of the uncultivated aborigines. The English in colo- nizing among ruder peoples have been uncom- promising. To the barbarians whose territory they have overrun, they have held out two simple alternatives: either to accept the Eng- lish standard of civilization, or to fold their tents and depart. The Spaniards, on the other hand, wherever they have met the native tribes of America, have been willing to descend from their European standard of civilization and affiliate with them on a lower plane. In Span- ish America, the Spaniards have mingled their blood with the blood of the natives, and have compromised with them in the formation of political and religious institutions. The Eng- lish policy has tended to exterminate the bar- barians; under Spanish dominion the Indians have, indeed, perished in great numbers, but
SPANISH AND ENGLISH COLONIES 307
those who have survived have entered to form a constituent part of the new nation.'
The differing fates of the Indians under Spanish and English colonization is in part due to the rapidity of encroachment upon their territory in the one case, and the slowness of encroachment in the other case. The English have demanded that the Indian should rise almost immediately to their standard, and under this demand he is doomed to perish. The Spaniards, on the contrary, have made possible for him a gradual rise to civilization.'
* See Democracy and Social Growth in America, 5.
^ In his Travels, Humboldt has described the process as observed in some parts of South America : " The whites advance slowly. The religious orders have founded their establishments between the domain of the colonists and the territory of the free Indians, The missions may be consid- ered as intermediary states. They have doubtless encroached on the liberty of the natives ; but they have almost everywhere tended to the increase of the population, which is incompat- ible with the restless life of the independent Indians. As the missionaries advance towards the forests, and gain on the natives, the white colonists in their turn seek to invade in the opposite direction the territory of the missions. In this pro- tracted struggle, the secular arm continually tends to with- draw the reduced Indian from the monastic hierarchy, and the missionaries are gradually superseded by vicars. The whites, and the castes of mixed blood, favored by the corregidors, establish themselves among the Indians. The missions be- come Spanish villages, and the natives lose even the remem- brance of their natural language. Such is the progress of civilization from the coasts towards the interior." — Travels^ i., 297.
308 SPANISH RULE IN AMERICA
From the standpoint of the individuals or the tribes of the native population, the English policy appears merciless and unwarrantably cruel; but from the standpoint of the method of social progress, *' so careless of the single life," if only the great end is reached, it may, perhaps, find abundant justification.
Although the English have been more exact- ing than the Spanish in the demands which they have made on the aborigines of their de- pendent territories, although they have insisted rigidly on the maintenance of the English standard of civilization, they have at the same time held their dependencies, particularly since the fatal mistake with the thirteen American colonies, in a much more lenient bondage than the other European nations. In the case of the Spanish dependency, the bonds binding it to the mother country have been rigid and unelastic, so that they have parted with the first considerable strain, and the colony has been irretrievably severed from its superior. The English dependencies, on the contrary, have found themselves at the end of an elastic tie. When they have tugged to be free, the cord has yielded, but has gradually drawn them back when their discontent was past. Australia and Canada may adopt a commercial policy directly at variance with the views of England, and still the bond of union remains unbroken.
SPANISH AND ENGLISH COLONIES 309
But Spain, or the Spanish king, insisted on an essential uniformity throughout the Spanish dominions; in other words, obedience to that poHcy which would contribute most to the selfish interests of the mother country. The outcome of rigid adherence to Spanish policy has been the loss by Spain of her vast colonial possessions and abundant sources of wealth.
While Spain's dealing with her colonies has tended to drive them into revolt and independ- ence, her social policy, as already suggested, has tended to preserve the aboriginal stock and mingle its blood with the blood of the immi- grant population ; yet at the end of any con- siderable period, the increase in the English colony, even when allowance has been made for different physical conditions, will be found to have far outrun the increase of the combined Spanish and native populations. This is abun- dantly shown by any English colonies brought into comparison with colonies of Spanish origin. Mexico and the United States do not furnish as unfair a comparison as at first might seem; for prior to 1840, Mexico, in possession of Texas and California, fairly rivalled any nation on earth. Yet during the ninety years prior to 1880, Mexico increased in population from four and one half millions to ten millions; while the population of the United States, in the same time, increased from four millions to
310 SPANISH RULE IN AMERICA
fifty millions. The same rate of increase in these two nations, continued during the next ninety years, will give Mexico a population of twenty-four and a half millions, and the United States six hundred and twenty-five millions. Yet, in spite of this enormous increase in the United States, during the last ninety years, the inhabitants have continued to be better fed and clothed than in Mexico, and there are no in- dications that a lack of subsistence during the next ninety years will furnish a more efficient check on the growth of population in the larger than in the smaller nation. But whatever may be the future, the English policy, as revealed in the past, appears to be consistent with that view which, in social progress, takes account of great ultimate results rather than inferior immediate results, although the latter may be more fully in harmony with our short-sighted sympathies.
Another point of difference between Spanish and English institutions in America has refer- ence to the afTairs of the church. The contrast presented here is between the practice of toler- ation on the one hand, and exclusiveness and intolerance on the other. In the colonies of one nation, religion tended to become a private matter ; in those of the other, it was, and tended to remain, an affair of the state. In some of the settlements of the United States, the ec-
SPANISH AND ENGLISH COLONIES 3II
clesiastical and political organizations were at first merged in one, but the tendency to sepa- rate them appeared early and continued till the divorce was complete. But in Spanish Amer- ica, the alliance continued unbroken for more than three hundred years, the church con- stantly gaining wealth, power, and compact- ness of organization. It held about one half of all the property in the colonies, and was directed by men not always in the fullest sympathy with those interests on which the material prosperity of society depends. On the economic affairs of Spanish America, as on those of Spain, the church cast the blight of its dead hand.
The effect of the different attitudes of the Spanish and English colonies towards the affairs of the church, made itself especially manifest towards the end of the colonial period. The fact that the settlers of the English colonies were dissenters, bound to no strong hierarchi- cal organization, was important, in that it ren- dered easy the complete separation of the colonies from England. The Spanish colonists were adherents of the church which had held the unswerving devotion of the people of Spain ; thus the church of Spanish America and the church of Spain stood as allied parts of one great organism. When, therefore, the struggle for Spanish-American independence
312 SPANISH RULE IN AMERICA
came, it was found that it was not enough to break the political bond : the bond of ecclesias- tical union and sympathy remained, always drawing a large part of the several nations back to allegiance to Spain. During the struggle of the thirteen English colonies for independ- ence, ecclesiastical alliances had little influence in upholding the allegiance of the Tories ; and when the war was ended the conflict was really over. The Tories either accepted grace- fully the fact of independence, or wandered off to seek more congenial companionship. But those who upheld the Spanish rule in America, during the war for Spanish-American independ- ence, remained, when the war was over, a powerful and dissatisfied element in the politics of the several nations. The thirteen English colonies had achieved intellectual and spiritual independence long before the war for politi- cal independence was ended ; but even after the Spanish-Americans had achieved their political independence, they remained still in a strong ecclesiastical alliance with the mother country.
THE END.
INDEX.
Abderraman, 6
Absolute rule, effect of, 303
Absolutism, 12, 17, 305
Acapulco, 71
Accounts of India House, 42
Adelantado, 68, 69, 112
Administration in Spain and England, 296
Africa, wares returned from, 282
Agriculture, restrictions on, 286
Aguirre, Francisco de, 148, 150
Alcala de Henares, 126
Alcaldes mayores, 83
Alcazar, 23, 88
Aldana, 128
Alderete, 149
Alexander VI., 17, 61, 214, 242
Alfinger, 163
Alguacil mayor, 112
Almaden, mine of, 47, 48
Almagro, 109, no, 113, 1 17-120, 147
Almansa, 107
Alvarado, 79, 82, 83, 116, 133
Alzadas, court of, 176
America, settlement of, i •
Ampues, 161, 163
Andalusia, 13
Arabs, 8
313
314 INDEX
Arana, Barros, 146
Araucanians, 150-152, 155, 157
Arauco, Marquis of, 149
Archbishop of Mexico, 248
Arequipa, 119, 133
Argentine, 286 ; port of, 287
Armada of 1588, 28
Aryan governments, 285
Asiento, 271, 273 ; term of, 280, 282
Asuncion, founded, 193 ; parties in, 199
Atahualpa, 115, 180
Atavillos, Marques de los, 118
Audiencia, 68-70, 72-74 ; for Mexico, 80 ; members of, 81,
104, 105 ; of Peru, 136 ; in Chile, 155, 158 ; in Buenos
Aires, 220 Augsburg, merchants of, 162 Aurora de Chile, La, 160 Australia, 308 Auto-de-fe in Mexico, 260 Ayolas, 191 ; succeeds Mendoza, 193 Ayuntamientos, 84, 105, 195
Bachelors, 63
Baracoa, 243
Baralt and Diaz, 172, 178
Barrios, Bishop, 198
Bastides, Bishop, 164
Baydes, Marquis de, 155
Belalcazar, 179
Benzoni, 25, 117, 132
Biobio, the boundary, 153, 156
Bishop, of Cuba, 244 ; in Paraguay, 198
Bishoprics in New Spain, 247
Bogota, 81, 179 ; audiencia of, 181
Bonan9a, 37, 40
Botanical survey under Mutis, 186
Bourbons in Spain, 144, 217
Bourges, in Paraguay, 228
INDEX 315
Bravo, M dehor de, 154
Buckle quoted, 15
Buenos Aires, founded, 192 ; re-founded, 201 ; province of, 206 ; advantages of, 207 ; growth of, 208 ; profits by contraband trade, 208 ; concessions to, 266, 291 ; Eng- lish goods at, 282, 284, 287, 288
Cabeza de Voca, 196 ; sent to Spain, 197
Cabildo, 158, 202
Cabot in La Plata, 188-190
Cabrera founds Cordova, 200
Cacique, 92, 94, 95, 104, 120, 140
Cadiz, becomes privileged port, 22 ; seat of India House, 50 ;
166 ; merchants of, 284 Calif of Cordova, 6 California, 108 ; missions of, 302 Canada, 308 Canaries, 20, 252 Cafiete, Marquis of, 135, 142 Capitulation to Pizarro, 112 Captain-general of Peru, 138 ; of Venezuela, 171 Caracas, trade with, 23 ; 161, 167 ; audiencia of, 173 ; 28^ Caraques, bay of, 116 Carbajal, 124, 129 Carceres sent to Spain, 199 Carmargo, 147 Carmelites, 62 Carrillo, 107 Cartagena, 88
Carvajal, postmaster, 65 ; governor of Venezuela, 165 Casa de Contratacion, 20, 22, 27, 50, 252 Castillo, 150 Castrillo, Count of, 49 Castro, 120, 138, 139 Cathedral organization, 254 Cattle-raising, 286
Ceballos, first viceroy at Buenos Aires, 217 Centeno, 129
3l6 INDEX
Character, race, 294
Charcas, 119, 219
Charles M artel, 6
Charles III., 217
Chile, 109, 141 ; conquest of, 118, 146 ; divisions of, 158 ;
trade concession to, 291 Cholula, 103
Christianity to be taught to Indians, 140 Christian missionaries of Spain, 301
Christians, under Moors, 5 ; and Mohammedans in conflict, 8 Chupas, battle of, 120 Chuquinga, 134 Church and King, 241-262 Church, attendance on, 258 ; in English and Spanish colonies,
310 ; influence of, in emancipation, 311 Cisneros, last viceroy at Buenos Aires, 220 Cities east of Andes, 150 Ciudad, 84
Civil war in Peru, 119, 122, 134 Civilization, under Moors, 10-14; change in, 11; English
standard of, maintained, 308 Clergy, secular and regular, 249 Code of 1778, 170, 184 College, made university in Venezuela, 178 ; of San Toribio,
262 Colombia, 109 Colonia, 210 ; falls to Spain, 211 ; ceded to Portuguese, 212 ;
214 ; joined to Montevideo, 218 Colonial policy, 295 ; of England, 301 Colonies, Spanish and English, 293-312 ; reproductions of
parent states, 296 ; Spanish and English contrasted, 296 ;
Greek, 296 ; Roman, 298 ; Spanish, dependencies on the
Crown, 299 ; Spanish, used English fundamental ideas,
300 ; Spanish, learned obedience, 302 Columbus, adelantado, 69 ; 92, 93 Commerce, free, to Indies, 291 Commercial restriction, 207 ; regulations, 289 ; code, new
290, 292
INDEX 317
Companero, 224
Concepcion, 148, 159
Concessions to Buenos Aires, 266, 289
Conqueror's power, 80
Constitutionalism, 10
Consulate, 173 ; salaries, 174 ; revenues, 174 ; deputies of, 175 ; jurisdiction of, 175 ; in administration, 176
Contraband trade, with Venezuela, 168 ; Dutch, 169 ; threat- ens Peru, 208 ; 209 ; Portuguese, 210 ; 266, 284, 287, 289
Contract with Luque, no
Convents in New Spain, 251
Conversion of Indians, 257
Convicts of England, 301
Cordova founded, 200
Coro, 161, 163
Corregidor, 83, 195
Corregimiento, 139
Cortes, 75-77, 95 ; independence of, 78 ; appoints officers of Mexico, 79 ; to receive audiencia, 81 ; trial of, 81
Cortes, Spanish, retained, 296
Corunna, 290
Council of the Indies, 18-24, 30-34, 39, 49, 65, 71, 96, 158, 302
Council, provincial, at Buenos Aires, 219
Court, viceregal, at Lima, 136
Crown, absolute power of, 17 ; resisted, 305
Cruelty, 16
Crusades, 11, 12, 15
Cruzada, 42, 158
Cuba, 77 ; settlement of, 75 ; church in, 244
Cujo, 148, 150
Custom-houses, interior, 267
Cuzco, 115-118, 120, 131, 133, 147
Darien, alcalde in, in
Demarcation, 17, 213
Democracy and Social Growth in America, 307
3l8 INDEX
Democracy in England, 296 Deputies of governors in La Plata, 203 Despotism, traditions of, 305 Destruction of the Indies^ 98 De Witt, 244 - .
Discoveries and settlements, 263 Discovery of America, 15 Dominicans, 245 Dutch revolt, 287
Duties, 51, 52 ; on negroes, 277 ; at large and small ports in America, 291, 292
East India Company, 300
Ecclesiastical, allegiance to Spain, 312 ; and political institu- tions merged, 311
Ecclesiastics, 302
Economic policy, 263
Economical growth of South America, 287
Ecuador, 161
Education, in Venezuela, 178 ; political, 302
El Dorado, 165
Emancipation, inevitable, 292
Emigration, 205 ; to West Indies, 55 ; restrictions on, 56-62
Encomenderos, 253, 255
Encomiendas, 71, 72, 77, 90, 92-95, 97, 99, loi, 104, 112, 264, 265 ; in Paraguay, 194
England, 293 ; settled, 294
English company, concessions to, 282
English, wish Buenos Aires, 203 ; slave trade, 273 ; trade at fair of Porto Bello, 281 ; colonies revolt, 287 ; colonies like Greek, 298 ; and Spanish colonies, 304
Enriquez, 141
Eslaba, viceroy of New Granada, 183
Espinosa, iii
European civilization, 286
Expeditions in Venezuela, 166
Extension of trade, 290
Ezpeleta, viceroy in New Granada, 187
INDEX 319
Failure of Spain's policy, 290
Fair, at Porto Bello, 24 ; prices at, 25 ; at Jalapa, 26
Federmann, 179, 180
Ferdinand grants Indians, 93
Feudalism, 148
Filipinas, Compania, 170
Fleet surrendered to Gasca, 128
Florida, western, 23 ; 51
Fonseca, 18
Foreigners, 63 ; in Spanish trade, 283
France, 293
Franciscans, 245
Freedom, motives to, 287 ; extension of, 290 ; Spain's only
hopeful means, 291 ; came too late to save the colonies,
292 ; effect of, 292 ; political, 304. French Guinea Company, 277 Fuenleal, 85 Fuente, 155 Fuero Juzgo, 4
Galicia, 108
Gamboa, Ruiz, 153
Garces of Cozumel, 245
Gasca, 126, 127 ; his title, 127-129; returns to Spain, 130;
133 Gay, 146
Germanic tribes on Roman territory, i Germans in Venezuela, 162, 163 Germany, 293
Geographical, conditions, 294 ; position of England, 294 Gilded Man, 78 Giron, 133, 134
Gold, in Peru, lii ; and silver, 300 Golden Tower, 37 Gongora, Archbishop, 185 Gongora, governor of Buenos Aires, 206 Goths in Spain, 3 Government, good, in Peru, 137 ; similar, 295
320 INDEX
Governors of Paraguay, 198 Granada, fall of, 9 Greek colonies, 297 Guadalajara, 72, 73, 103 Guaira, province of, 206 Guamanga, 133 Guatemala, 81
Guipiizcoa, Company of, 23, 166 Guzman, Nuiio de, 81
Haberia, 52
Havana, 282
Heredity, 294
Hides, trade in, 267
Hinojosa, 128
Hoz, Sanchez de, 147
Huancavelica, mines of, 138
Huarina, battle of, 129
Humboldt, 236 ; on Indians, 307
Imitation, 294
Imperial, 148, 159
Incas, governmental system of, 139 ; dynasty of, 140
Increase of population, 285
Independence, difficult to acquire by Spanish colonies, 311 ;
in English colonies, 312 India House (Casa de Contratacion), 20-22, 24, 27-32, 39, 42,
289 Indians, number held, 94 ; periods of their work, 95 ; 104 ; in
Peru, 113 ; in service, 121 ; labor of, 142 ; in Chile, 146-
157 ; in New Granada, 180 ; at Buenos Aires, 192, 221 ;
under Irala, 194 ; Guarni, 195 ; under Jesuits, 215 ; and
Jesuits, 222 ; of Paraguay secularized, 237 ; relations to
English and Spanish, 306 Industries, restricted, 286 Infidels, American, 69
Inquisition, 26, 56, 126 ; in Chile, 160 ; 259 Institutions, for governing America, 18 ; of different nations,
293 ; free, 294 ; Spanish and English, 305
INDEX 321
Instruction of Indians, 69
Intendant, 173
Irala, governor, 194 ; governor second lime, 198
Isabella, 265
Isthmus, 286-288
Jalapa, fair at, 26
Jalisco war, 103
Jamaica, 282
Jesuits, 252, 183 ; called to Paraguay, 206 ; in Paraguay, 215,
216, 222-240 ; victorious, 217 ; expelled, 1767, 231 Jews, 8 ; expelled, 13 ; 56 Judicial authority, 70-75 Julius II., 241, 242
King and Church, 241-262 King sole superior, 18
Language for teaching Indians, 256
La Plata, in Charcas, 1 1 9
Las Casas, 89, 97, 98, 121
Las Salinas, battle of, 119
Law, Spanish, 76 ; succession, 97
Leo X., 243
Lewis on dependencies, 298
Leyva, 181
Liberty, of Indians, 121 ; political, 293 ; in Spain, 294, 305
Libra de Tasas, 139
Lima, 109, 116, 124, 128, 133, 286
Linage, Veitia, 28-67
Loaysa, Archbishop of Lima, 261
Local control, 302
Lords, English, retained, 296
Louisiana, 23
Luque, no, 113
MacKinnon, Steam Warfare in the Parand, 225 Mare, price of, 287
322 INDEX
Markham on Gasca, 131
Marquis del Valle, 106
Marquis of Salinas, 143
Matogroso, 214
Medina Sidonia, Duke of, 29
Members of audiencias, 74
Mendoza, in Mexico, 86, 87, 90 ; reception of, 91 ; 102, 103,
132 ; Hurtado de, 135, 141, 149 ; Pedro de, 190 Metals, precious, 300, 301 Mexico, a kingdom, 18 ; conquest of, 75, 78 ; municipality of,
79 ; 80 ; city of, 105, 245, 286 ; bishop of, 246 Michoacan, 108
Migration, from Europe to America, 1-3 ; restricted, 285 Mines, 286, 300
Missiones, province of, 215, 223 ; under secular rule, 237 Missions of South America and California, 302 Mita, 140 Mitayos, 194 Mitre, Gen., 221 Molina, 146
Monarchy, education under, 304 Monks, 251-253 Montejo, 76 Montufar, 248, 259 Moorish rule, 5, 7 Moors, 5, 56 Moriscoes, 14 Municipality, 76, 77 Munoz, 107 Muratori, 225 Mutis, 186
Negroes, price of, 268
New Granada, 179 ; cities in, 180
" New Laws," 92, 99-103, 121-123, 132
New Orleans, 23
New Spain, 71 ; throne of, 107
Nombre de Dios, 25, 123, 127
I
INDEX 323
Oajaca, 80 ; bishop of, 247 Obedience of Spanish colonists, 303 Olivares, Duke of, 49 Olive cultivation forbidden, 284 Opposition to Spanish rule, 287 Osorio, 191 ; killed, 192 Ovando, 92, 93 Ox, price of, 287
Panama, 24, 109 ; audiencia of, 122, 286, 288
Panuco, 85
Paraguay, population of, 196 ; slow growth of, 269 ; 302
Parras, 241
Parties in Mexico, 80
Pasages, Los, 166
Paul v., 260
Peace with Araucanians, 156
Peralta, Gaston de, 106
Peru, a kingdom, 18 ; Spanish power in, 109 ; settlers in, 122 ;
in successful revolt, 125 ; Upper, 219 ; Church in, 261 ;
protests against illicit trade, 267 ; 287 ; trade concessions
to, 291 Pezuela, 244
Philip II., 28, 137, 149, 154, 179. 242 Philip IV., 49, 52 Philippine Islands, 70, 214, 253 Pilgrims of New England, 301 Piura, 115 Pizarro, 96, 109-111 ; in Spain ; 112-117, 119 ; Gonzalo, 108,
115, 122, 124, 125, 128, 129 ; Hernando, 117 Plata, La, 109
Police, rural, in province of Buenos Aires, 202 Policy, Spanish, 17, 22 ; failure of, 288, 289, 309 ; English,
concerning Indians, 308 Political wisdom in England, 294 Polygamy, 195 Population, of Buenos Aires, 220 ; movement of, 285 ; in
Mexico and the United States, 309 ; growth of, 310
324 INDEX
Porto Bello, 23-26, 88, 149, 266, 281, 282 ; English trade at,
283; 286-288 Ports, major and minor, 170, 291 ; all open, 291 Postal system, 64, 65 Postmaster, 65 Prescott on Gasca, 130 Printing, in Chile, 160 ; in Bogota, 186 Privileges, 266 Products prohibited, 284 Progress, aim of, 310
Property of Church in Spanish colonies, 311 Protector of the Indians, 246 Protestant Revolution, 12 Proveedor, 53
Provinces, of Rio de la Plata, 219 ; Mohammedan, in Spain, 6 Provincials of orders, 251 Public library in New Granada, 183 Pucara, 134 Puertocarrero, 76
Quesada, his expedition to Bogota, 179 ; regidor of Bogota,
181 Quicksilver, carried from Peru to New Spain, 47 ; manner of
shipping from Spain, 48 Quiroga, Vasco de, of Mexican audiencia, 85 ; bishop of
Michoacan, 248 ; Rodrigo, governor of Chile, 154 Quito, 116, 125 ; revolt of, 142, 184
Ramon in Chile, 154. 155
Ransom of princes, 269
Recopilacion de Leyes, 254
Religion under Spanish and English, 310
Religious intolerance, 12
Repartimientos, 79, 92, 95, 96, 99, no, 120, 121, 127
Republicanism, 304
Republics of Mexico and South America, 304
Residencia, 85, 99, 172
INDEX 325
Restrepo, 183, 184
Restrictions on Spanish officers, 86
Restrictive system, 169, 182, 207 ; eflfect on Buenos Aires,
208 ; failed to meet expectations, 289 Revenue from Peru, 137,142
Revolt of Socorro, 185 ; of Spanish America, 288, 309 Rio de la Plata, 188 ; divided, 206 ; provinces of, 219 ; trade
to, 285 Robles beheaded, 136 Roman colonies, 298 Route of trade, 285 Rubalcava, 25 Ruiz, grand pilot, 113
Saavedra, governor, 203
Sailors to be king's subjects, 291
Saints, Peruvian, 262
Salamanca, 126
Salary of viceroy, 85, 90
Sallier, 163
San Domingo, first audiencia, 74 ; extent of its power, 75 ; 77, 80 ; audiencia of, 161 ; 282
Sandoval, 99, 100, 102
San Espiritu, founded by Cabot, 189 ; fate of, 190
San Lucar, 66
San Miguel, founded, 96 ; 114, 125
San Sebastian and Caracas, 23, 166
Santa Fe, audiencia of, 172
Santiago, de Guatemala, 83 ; de Chile, 148 ; de Cuba, cathe- dral of, 244
Savages, Spanish and English relation to, 306
Schmiedel, igi
Schools, in Venezuela, 178 ; at Buenos Aires, 204, 205
Self-control, colonial, 302
Self-government, 303, 304
Seminary of Merida, 178
Separation of powers, 19
Serfs, 181
326 INDEX
Settlement, of America, i ; English, 300
Seville, 20, 22, 28 ; trade from, 286
Sheep, price of, 287
Ships to America, 23
Slaves, 104, 265, 282, 285 ; trade in, 270-282
Smuggling, 289
Socialism, 268
Solis, 188
Southey's Brazil^ 216
Spain, 2 ; her expectations not realized, 289
Spaniards in Peru, 134
Spira in Venezuela, 164
Sotomayor, 154
Synodical councils, 260
Taboga, island of, 149
Tangarala, valley of, 114
Tax on metals, 113
Thirlwall on colonies, 297
Tierra Firme, 72
Tithes, 242
Tlascala, seat of bishop, 245
Tobacco in Spanish America, 284
Tocuyo, founded, 165
Toledo, Francisco de, 139
Toledo, Gothic capital, 4
Tolosa, Perez de, 166
Tordesillas, treaty of, 211, 213, 214
Tories, 312
Torre, Pedro de la, 198
Trade, with the Indies, restrictions on, 63 ; between colonies,
167 ; between Lima and Buenos Aires, 208 ; routes, 285 ;
restrictions, 286, 288 ; free, 291 Troops in Chile, 154 Tucuman, 148, 151, 219 Tumbez, 11 3-1 15 Tupac Amoru, 140 Twenty Reasons^ 98
INDEX 327
Ulloa, q2. 142
Ulmen, 146
Uniformity demanded by Spain, 309
University in Venezuela, 178
Valderrama, 106
Valdivia, 147-149; Louis, 153
Valencia, 126, 245, 259
Valverde, 116
Vasquez, 136
Vela, Nunez de, 102, 123, 125, 127, 132
Velasco, Luis de, 102-106, 143, 203
Venezuela, 109, 161, 162 ; under captain-general, 171 ; dis- tricts of, 173 ; population of, 178
Velazquez, 75, 76
Vera Cruz, 24, 26 ; municipality of, 76 ; 79, 266, 282
Vernon, Admiral, 183
Viceroy, of Mexico. 84, 132 ; relation to audiencia, 87 ; on the sea, 88 ; promoted, 89 ; entrance to capital, 89 ; and the Indians, 90 ; term, 90 ; checked by audiencia, 91 ; 70, 72, 104, 105 ; of Peru, 138, 143-145 ; in New Granada, 145, 182 ; in Buenos Aires, 145, 217 ; list of, 218 ; posi- tion of, sought, 206 ; power of, 299
Villa, 84
Villagran, 151
Villar, Count of, 141
Vines prohibited, 284
Visitador, 106, 126
Visitors of ships, 54, 55
Wares, woollen and cotton, from Spain to America free, 292 Wars, against the Moors, 15 ; of Charles V., 162 ; with Colo-
nia, 210 ; with Araucanians, 152, 154 ; with Araucanian^
ended, 155 Wealth, sources of, 309 ; theories of, 300 Welser, 162 Women, emigrants, 58, 59 ; education of, 178
328
INDEX
Xaquixaguana, battle of, 129
Yanaconas, 140 Yucatan, 108
Zacatecas, 103
Zuniga, Count of Nieva, 137
Zumarraga, loi, 246, 247 ; archbishop of Mexico, 248
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" Sombart's treatise pn socialism impresses me as admirable ; and the translation is certainly an excellent piece of work." — j. B. Clark, Professor of Political Economy m Columbia University.
The Sphere of the State,
or, The People as a Body Politic. By Frank S. Hoff- man, A.M., Professor of Philosophy, Union College. Second edition. 12°, $1.50.
" Professor Hoffman has done an excellent piece of work. He has furnished the student with a capital text-book and the general reader, who is interested in political science, with much that is suggestive, much that is worthy of his careful attention."
Anarchism.
A Criticism and History of the Anarchist Theory. By E. V. Zenker. 12°, I1.50.
" The fullest and best account of anarchism ever published. ... A most powerful and trenchant criticism." — London Book Gazette.
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