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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,

NEW YORK & LONDON,

«2^%

THE ESTABLISHMENT

SPANISH RULE IN
AMERICA

AN INTRODUCTION TO THE HISTORY AND POLITICS
OF SPANISH AMERICA

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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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.

CONTENTS

Chronological Summary .

PAGE

vii

Introductory

General Policy

III

The Casa de Contratacion

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

The Jesuits and the Indians . . . 222

The King and the Church, Illustrated
BY THE Ecclesiastical Establishment
IN Mexico 241

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

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

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.

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

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.

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

VENEZUELA AND COLOMBIA

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.

192 SPANISH RULE IN AMERICA

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.

196 SPANISH RULE IN AMERICA

" 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

mo DE LA PLATA 1 99

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.

RIO DE LA PLATA 203

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

RIO DE LA PLATA 20$

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.

RIO DE LA PLATA 20/

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

RIO DE LA PLATA 209

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

RIO DE LA PLATA 211

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.

212 SPANISH RULE IN AMERICA

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

RIO DE LA PLATA 213

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

RIO DE LA PLATA 215

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.

RIO DE LA PLATA 21/

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.

2l8

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

RIO DE LA PLATA 219

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

RIO DE LA PLATA 221

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

242 SPANISH RULE IN AMERICA

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.

244 SPANISH RULE IN AMERICA

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-

280 SPANISH RULE IN AMERICA

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

282 SPANISH RULE IN AMERICA

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.

284 SPANISH RULE IN AMERICA

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

286^ SPANISH RULE IN AMERICA

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,

288 SPANISH RULE IN AMERICA

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

290 SPANISH RULE IN AMERICA

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

292 SPANISH RULE IN AMERICA

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

296 SPANISH RULE IN AMERICA

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).

298 SPANISH RULE IN AMERICA

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-

300 SPANISH RULE IN AMERICA

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-

302 SPANISH RULE IN AMERICA ^

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

SPANISH AND ENGLISH COLONIES 303

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.

304 SPANISH RULE IN AMERICA

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

SPANISH AND ENGLISH COLONIES 305

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

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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" 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.

G. P. PUTNAM'S SONS, New York & London.

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Full text of "The establishment of Spanish rule in America; an introduction to the history and politics of Spanish America"

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