columbus the rightful ruler—juan aguado—francisco de bobadilla—nicolás de ovando—santo domingo the capital of the indies—extension of organized government to adjacent islands and main-land—residencias—gold mining at espa?ola—race and caste in government—indian and negro slavery—cruelty to the natives—spanish sentimentalism—pacification, not conquest—the spanish monarchs always the indian's friends—bad treatment due to distance and evil-minded agents—infamous doings of ovando—repartimientos and encomiendas—the sovereigns intend them as protection to the natives—settlers make them the means of indian enslavement—las casas appears and protests against inhumanities—the defaulting treasures—diego colon supersedes ovando as governor—and makes matters worse—the jeronimite fathers sent out—audiencias—a sovereign tribunal is established at santo domingo which gradually assumes all the functions of an audiencia, and as such finally governs the indies—las casas in spain—the consejo de indias, and casa de contratacion—legislation for the indies.

we have seen how it had been first of all agreed that columbus should be sole ruler, under the crown, of such lands and seas as he might discover for spain. we have seen how, under that rule, disruption and rebellion followed at the heels of mismanagement, until the restless colonists made espa?ola an angustiarum insula to the worthy admiral, and until their majesties thought they saw in it decent excuse for taking the reins from the genoese, and supplanting him by agents of their own choosing. the first of these agents was juan aguado, who was merely a 248 commissioner of inquiry. with him, it will be remembered, columbus returned to spain after his second voyage, leaving his brother bartolomé in command. the admiral was permitted to try again; but on reaching the seat of his government he was unable to quiet the disturbances which had increased during his absence. rebellion had almost reached the dignity of revolution, and stronger than the government were factions whose leaders openly defied the governor-general, viceroy, and admiral of the ocean sea. that their majesties were greatly grieved at this, i do not say; or that they were displeased that the rebels, or revolutionists, of espa?ola should refer their troubles to them. but this is certain, that after another fair trial columbus was obliged to give it up, and to see himself displaced by a person far worse than himself. perhaps it is true that a knave was better for the office than an honest man.

not that francisco de bobadilla may be lawfully accused of dishonesty; the sovereigns seemed competent to take care of themselves where their revenue was concerned. and yet he was certainly influenced in his conduct by no sense of right or of humanity. he was a man of narrow mind, of ignoble instincts and mean prejudices. he was popular for a time with the colonists because he was like them, and because he reduced the royal share of the product of the mines from a third to an eleventh, and permitted the dissolute to idle their time and illtreat the natives; and because he released those whom the admiral had imprisoned, and enabled columbus to pay his debts—for which last mentioned measure i have no fault to find with him.

it was the 21st of march, 1499, that bobadilla was authorized to proceed against offenders at espa?ola, but he did not leave spain until july, 1500, reaching santo domingo the 23d of august. the enchaining of the illustrious discoverer by an infamous agent, and for no crime, excited universal disgust throughout 249 christendom; and yet their majesties seemed in no haste to depose him; for it was not until the 3d of september, 1501, in answer to the persistent remonstrances of columbus, that a change was made, and the government given to nicolas de ovando, who sailed from spain the 13th of february following, and arrived at santo domingo the 15th of april, 1502; so that bobadilla was in office on the island over a year and a half, long enough to sow the seeds of much iniquity.

nicolas de ovando.

ovando was a knight of the order of alcántara, of neither massive mind nor commanding mien. but his firm and fluent speech lent strength to his slight figure and fair complexion, and a courteous manner made amends for a vanity which in him assumed the form of deep humility. he was well known to their majesties, having been one of the companions of prince juan, and it was thought would make a model governor. ample instructions, both written and verbal, were given him before sailing. the natives should be converted, but their bodies should not be enslaved or inhumanly treated. they must pay tribute, and gather gold, but for the latter they should be paid wages. there was to be a complete change of soldiers and officials at espa?ola, that the new government might begin untainted by the late disorders. neither jews nor moors might go to the indies, but negro slaves, born into the possession of christians, were to be permitted passage. for any loss resulting from bobadilla's acts, full restitution must be made the admiral, and henceforth his rights of property must be respected. columbus might always keep there an agent to collect his dues, and he was to be treated with consideration. the idle and profligate were to be returned to spain. except the provinces given to ojeda and pinzon, ovando's jurisdiction was made to extend over all the indies, that is to say, over all the new world dominions of spain, islands and firm land, with the capital at santo domingo, and subordinate 250 or municipal governments in the more important localities. all mining licenses issued by bobadilla were to be revoked; of the gold thus far collected one third should be taken for the crown, and of all thereafter gathered one half. supplementing these instructions with much paternal advice consisting of minor moralities and machiavelisms, their majesties bade their viceroy god speed and sent him forth in a truly royal fashion.

there were no less than thirty ships and twenty-five hundred persons comprising the expedition. of the company were alonso maldonado, newly appointed alcalde mayor,[v-1] and twelve franciscans, with a prelate, antonio de espinal. las casas was present; and hernan cortés would have been there but for an illness which prevented him. there were seventy-three respectable married women, who had come with their husbands and children, and who were to salt society at their several points of distribution. it was evident as the new governor entered his capital, elegantly attired, with a body-guard of sixty-two foot-soldiers and ten horsemen, and a large and brilliant retinue, that the colonization of the new world had now been assumed in earnest by the sovereigns of spain. nor was ovando disposed to be dilatory in his duty. he at once announced the residencia[v-2] of bobadilla, and put roldan, ci-devant 251 rebel, and later chief judge, under arrest. he built in espa?ola several towns to which arms and other privileges were given, founded a hospital, removed 252 santo domingo to a more healthful site on the other side of the river, and established a colony at puerto de plata, on the north side of espa?ola, near isabela.

distant eight leagues from santo domingo were the mines where the twenty-five hundred thought immediately to enrich themselves. for several days after landing the road was alive with eager gold hunters drawn from all classes of the community; cavalier, hidalgo,[v-3] and laborer, priest and artisan, honest men and villains, whose cupidity had been fired by the display of precious metal lately gathered, and who were now hurrying forward with hard breath and anxious eyes under their bundle of necessities. but there was no happy fortune in store for these new-comers. the story then new has been oft repeated since: expecting to fill their sacks quickly and with ease, and finding that a very little gold was to be obtained only by very great labor, they were soon on their way back to the city, where many of them fell into poverty, half of them dying of fever.

poor fools! they did not know; their countrymen, those that were left from former attempts, did not tell them, though roldan's men, bobadilla's men knew well enough, and in truth the remnant of ovando's men were not slow to learn, that the wise man, the wise and villainous man from spain, did not work or die for gold, or for anything else, when there were savages that might be pricked to it by the sword. 253

government of the natives.

during this earliest period of spanish domination in america, under successive viceroys and subordinate rulers, by far the most important matter which arose for consideration or action was the treatment of the aborigines. most momentous to them it was, certainly, and of no small consequence to spain. unfortunately, much damage was done before the subject was fairly understood; and afterward, evils continued because bad men were always at hand ready to risk future punishment for present benefits. spain was so far away, and justice moved so slowly, if it moved at all, that this risk was seldom of the greatest.

the sovereigns of spain now found themselves called upon to rule two races in the new world, the white and the red. and it was not always easy to determine what should be done, what should be the relative attitude of one toward the other. as to the superiority of the white race there was no question. and among white men, spaniards were the natural masters; and among spaniards, castilians possessed the first rights in the new lands the genoese had found for them.

all was plain enough so far. it was natural and right that spaniards should be masters in america. their claim was twofold; as discoverers, and as propagandists. but in just what category to place the red man was a question almost as puzzling as to tell who he was, and whence he came. several times the question arose as to whether he had a soul, or a semi-soul, and whether the liquid so freely let by the conquerors was brute blood, or of as high proof as that which ran in castilian veins. the savages were to be governed, of course; but how, as subjects or as slaves? columbus was strongly in favor of indian slavery. he had participated in the portuguese slave-trade, and had found it profitable. spaniards enslaved infidels, and why not heathens? mahometans enslaved christians, and christians mahometans. likewise christians enslaved christians, 254 white as well as black, though it began to be questioned in spain whether it was quite proper to enslave white christians.

slavery.

the negro slave-trade was at this time comparatively a new thing. it was one of the proximate results of fifteenth-century maritime discovery. the portuguese were foremost in it, organizing for the purpose a company at lagos, and a factory at arguin, about the middle of the century, prince henry receiving his fifth. europe, however, offered no profitable field for african slave labor, and but for the discovery of america the traffic probably never would have assumed large proportions. public sentiment was not in those days averse to slavery, particularly to the enslavement of the children of ham. and yet neither isabella nor ferdinand was at all disposed, in regard to their new world possessions, to follow the example of portugal on the coast of africa. though they had scarcely made personal the application that the practice was one of the chief causes of rome's ruin, yet they seemed instinctively opposed to it in this instance. they did not want these creatures in spain, they had no use for them. in regard to the ancient custom of enslaving prisoners of war, particularly the detested and chronically hostile moors, it was different. this new world had been given them for a higher purpose. its natives were not the enemies of spain; they were innocent of any offence against spain. it was better, it was more glorious, there was higher and surer reward in it, to christianize than to enslave. this the clergy constantly urged; so that in spain the passion for propagandism was greater than the passion for enslaving.

columbus must have been aware of this when in 1495 he sent by torres, with the four ship-loads of indian slaves, the apology to their majesties that these were man-eating caribs, monsters, the legitimate prey of slave-makers wherever found. peradventure 255 some of them might be made christians, who when they had learned castilian could be sent back to serve as missionaries and interpreters to aid in delivering their countrymen from the powers of darkness. this was plausible, and their majesties seemed content; but when columbus pressed the matter further, and requested that arrangements should be made for entering extensively into the traffic, they hesitated. meanwhile the genoese launched boldly forth in the old way, not only making slaves of cannibals but of prisoners of war; and whenever slaves were needed, a pretence for war was not long wanting. thereupon, with another shipment, the admiral grows jubilant, and swears by the holy trinity that he can send to spain as many slaves as can be sold, four thousand if necessary, and enters upon the details of capture, carriage, sale, and return cargoes of goods, with all the enthusiasm of a sometime profitable experience in the business. further than this he permits enforced labor where there had been failure to pay tribute, and finally gives to every one who comes an indian for a slave.

then the monarchs were angry. "what authority from me has the admiral to give to any one my vassals!" exclaimed the queen. all who had thus been stolen from home and country, among whom were pregnant women and babes newly born, were ordered returned. and from that moment the sovereigns of spain were the friends of the indians. not isabella alone but ferdinand, charles, and philip, and their successors for two hundred years with scarcely an exceptional instance, stood manfully for the rights of the savages—always subordinate however to their own fancied rights—constantly and determinately interposing their royal authority between the persistent wrong-doing of their spanish subjects, and their defenceless subjects of the new world. likewise the catholic church is entitled to the highest praise for her influence in the direction of humanity, and 256 for the unwearied efforts of her ministers in guarding from cruelty and injustice these poor creatures. here and there in the course of this narrative we find a priest carried away by the spirit of proselytism commit acts of folly and unrighteousness; and men announcing as church measures proceedings which when known in the mother country received the prompt condemnation of the church. these men and measures i shall not be backward to condemn. but it is with no small degree of pleasure that i record thus early in this history the noble attributes of the self-sacrificing christian heroes who while preaching their faith to the savage endeavored to bridle as best they could the cupidity and cruelty of the spanish adventurers who accompanied them.

laws respecting the aborigines.

after the first invasions, in various quarters, aggressive warfare on the natives, even on obdurate heathen nations, was prohibited. in the extension of dominion that followed, the very word 'conquest' was forbidden to be employed, even though it were a conquest gained by fighting, and the milder term 'pacification' was substituted.[v-4] likewise, after the first great land robberies had been committed, side by side with the minor seizures was in practice the regulation that enough of the ancient territory should be left each native community to support it comfortably in a fixed residence. the most that was required of the indians was to abolish their ancient inhuman practices, put on the outward apparel of civilization, and as fast as possible adapt themselves to christian customs, paying a light tax, in kind, nominally for protection and instruction. this doing, they were to be left free and happy. such were the wishes of crown and clergy; for which both strove steadily 257 though unsuccessfully until the object of their solicitude crumbled into earth.[v-5] 258

for the soldier, the sailor, the cavalier, the vagabond, the governor, and all their subordinates and associates, all the new world rabble from viceroy to menial willed it otherwise, the new world clergy too 259 often winking assent. however omnipotent in spain, there were some things in america that the sovereigns and their confessors could not do. they could not control the bad passions of their subjects when beyond the reach of rope and dungeon. that these evil proclivities were of home engendering, having for their sanction innumerable examples from church and state, statesmen and prelates would hardly admit, but it is in truth a plausible excuse for the excesses committed. the fact is that for every outrage by a subject in the far away indies, there were ten, each of magnitude tenfold for evil, committed by the sovereigns in spain; so that it is by no means wonderful that the spaniards determined here to practise a little sinfulness for their own gratification, even though their preceptors did oppose wickedness which by reason of their absence they themselves could not enjoy.

though the monarchs protested earnestly, honestly, and at the length of centuries, their subjects went their way and executed their will with the natives. were i to tell a tenth of the atrocities perpetrated by christian civilization on the natives of america, i could tell nothing else. the catalogue of european crime, spanish, english, french, is as long as it is revolting. therefore, whenever i am forced to touch upon this most distasteful subject, i shall be as brief as possible.

dastardly doings of ovando.

passing the crimes of columbus and bobadilla, the sins of the two being, for biographical effect, usually placed upon the latter, let us look at the conduct of ovando, who, as spanish provincial rulers went in those days, was an average man. he ruled with vigor; and as if to offset his strict dealings with offending spaniards, unoffending indians were treated with treachery and merciless brutality.

rumor reaching him that anacaona, queen of jaraguá, meditated revolt, he marched thither at the head of two hundred foot-soldiers and seventy horsemen. the queen came out to meet him, and escorted 260 him with music and dancing to the great banqueting-hall, and entertained him there for several days. still assured by evil tongues that his hostess intended treachery, he determined to forestall her. on a sunday afternoon, while a tilting-match was in progress, ovando gave the signal. he raised his hand and touched his alcántara cross—a badge of honor it was called, which, had it been real, should have shrivelled the hand that for such a purpose touched it. on the instant anacaona and her caciques were seized and a mock trial given them; after which the queen was hanged, the caciques tortured and burned, and the people of the province, men, women, and children, ruthlessly and indiscriminately butchered. those who escaped the massacre were afterward enslaved. for intelligence, grace, and beauty anacaona was the isabella of the indies, and there was no valid proof that she meditated the slightest injury to the spaniards.

the natives of saona and higuey, in revenge for the death of a chief torn in pieces by a spanish bloodhound, rose to arms, and slew a boat's crew of eight spaniards. juan de esquivel with four hundred men was sent against them, and the usual indiscriminate hanging and burning followed. it is stated that over six hundred were slaughtered at one time in one house. a peace was conquered, a fort built; fresh outrages provoked a fresh outbreak; and the horrors of the extermination that followed las casas confessed himself unable to describe. a passion arose for mutilation, and for prolonging agony by new inventions for refining cruelty. and the irony of christianity was reached when thirteen men were hanged side by side in honor of christ and his apostles. cotubano, the last of the five native kings of espa?ola, was taken to santo domingo, and hanged by order of ovando. in higuey were then formed two settlements, salvaleon and santa cruz. to take the places in the spanish service of the indians thus slain in espa?ola, forty thousand natives of the lucayas islands were 261 enticed thither upon the pretext of the captors that they were the indians' dead ancestors come from heaven to take their loved ones back with them. espa?ola was indeed their shortest way to heaven, though not the way they had been led to suppose. when tidings of ovando's doings reached spain, notably of his treatment of anacaona, queen isabella was on her death-bed; but raising herself as best she was able, she exclaimed to the president of the council, "i will have you take of him such a residencia as was never taken."

the labor question.

both the spaniards and the indians, as we have seen, were averse to labor. to both it was degrading; to the latter, killing. and yet it was necessary that mines should be worked, lands cultivated, and cattle raised. else of what avail was the new world?

the colonists clamored, and the crown was at a loss what to do. in her dilemma there is no wonder the queen appeared to equivocate; but when in december, 1503, she permitted ovando to use force in bringing the natives to a sense of their duty, though they must be paid fair wages and made to work "as free persons, for so they are," she committed a fatal error. the least latitude was sure to be abused. under royal permission of 1501 a few negro slaves from time to time were taken to the indies. las casas urged the extension of this traffic in order to save the indians. ovando complained that the negroes fled and hid themselves among the natives, over whom they exercised an unwholesome influence; nevertheless in september, 1505, we find the king sending over more african slaves to work in the mines, this time about one hundred. from 1517, when importations from the portuguese establishments on the guinea coast were authorized by charles v., the traffic increased, and under the english, particularly, assumed enormous proportions. this unhappy confusion of races led to a negro insurrection at espa?ola in 1522. 262

we come now to some of the results of the temporizing policy of spain—always a bad one when the subject is beyond the reach of the ruling arm—in regard to the indians. for out of a desire to avoid the odium of indian slavery, and yet secure the benefits thereof, grew a system of servitude embodying all the worst features of absolute bondage, with none of its mitigations.

repartimientos and encomiendas.

it will be remembered that during his second voyage columbus made war on the natives of espa?ola, and after sending some as slaves to spain, imposed a tribute on the rest; on some a bell-measure of gold, and on others an arroba[v-6] of cotton, every three months. so severe was this tax that many could not meet it, and in 1496 service was accepted in place of tribute. this was the beginning in the new world of the repartimiento,[v-7] or as it shortly afterward became the 263 encomienda, system, under which the natives of a conquered country were divided among the conquerors, recommended to their care, and made tributary to them. 264

administration of the indies.

the theory was that the indians were the vassals of spain, no more to be imposed upon than other spanish subjects. the sovereigns wishing to stimulate discovery, pacification, and settlement, were willing to waive their right to the tribute due the crown in favor of enterprising and meritorious persons, who had taken upon themselves the hardships incident to life in 265 a new country. at first in certain instances, but later to an extent which became general, they settled this tribute upon worthy individuals among the conquerors and colonists and their descendants, on condition that those who thus directly received a portion of the royal revenue should act the part of royalty to the people placed temporarily in their care. they were to be as a sovereign lord and father, and not as a merciless or unjust taskmaster. they were to teach their wards the arts of civilization, instruct them in the christian doctrine, watch over and guide and guard them, and never to restrict them in the use of their liberties, nor impose burdens on them, nor in any way to injure or permit injury to befall them. and for this protection they were neither to demand nor receive more than the legal tribute fixed by the royal officers, and always such as the natives could without distress or discomfort pay. what the system was in practice we shall have ample opportunity of judging as we proceed in this history. suffice it to say here that to the fatherly-protection part of their compact the colonists paid little heed, but evaded the law in many ways, and ground the poor savages under their iron heel, while the crown by ordering, and threatening, earnestly but vainly sought to carry out in good faith and humanity what they deemed a sacred trust.

the partition system.

first, repartimientos of lands were authorized by the sovereigns. this was in 1497, and nothing was then said about the natives. but after dividing the land it was but a step to the dividing of the inhabitants. with the shipment of six hundred slaves in 1498, and an offer to their majesties of as many more as they could find sale for, columbus wrote asking permission to enforce the services of the natives until settlement should be fairly begun, say for a year or two; but without waiting for a reply he at once began the practice, which introduced a new feature into repartimientos. then to all who chose to take 266 them, to roldan and his followers, to the worst characters on the island, among whom were the late occupants of spanish prisons, the vilest of humankind, was given absolute dominion over these helpless and innocent creatures. having paid nothing for them, having no pecuniary interest in them, they had no object in caring whether they were fed or starved, whether they lived or died, for if they died there were more at hand upon the original terms.

under bobadilla the infamy assumed bolder proportions. columbus had apportioned to certain lands certain natives to labor for the benefit of spaniards, but they worked under their cacique. natives were forced by spaniards to work mines, but only under special monthly license. bobadilla not only permitted the exaction from the natives of mining and farming labor, but all restrictions were laid aside, and from working their own soil they became mere labor-gangs to be driven anywhere. before sailing for the new world ovando had been charged by the sovereigns with the exercise of extreme moderation in levying tributes and making repartimientos. those who came with him not only failed in mining, but neglected to plant, as did likewise the natives, thinking thereby the quicker to rid themselves of the invaders. hence famine, engendering new diseases, was at hand for both white men and red. then the indians were systematically parcelled among the spaniards, to one fifty, to another one hundred, and the repartimiento unfolded into the encomienda. columbus and bobadilla had each endeavored to fasten indian slavery upon the new world, but this legalizing by ovando what had been illegally done by them, was the heaviest blow in that direction. "to you is given an encomienda of indians with their chief; and you are to teach them the things of our holy catholic faith," was the thin subterfuge by which this foul act was accomplished.

the king's strong box.

in 1508 was sent to santo domingo as treasurer-general 267 miguel de pasamonte to supersede bernardino de santa clara, who had received the office of treasurer from ovando. santa clara loved display and lacked honesty. using freely the king's money he bought estates, and gave feasts, in one of which the salt-cellars were filled with gold-dust. this folly reaching the king's ears, gil gonzalez dávila, of whom we shall know more presently, was sent to investigate the matter, and found santa clara a defaulter to the extent of eighty thousand pesos de oro. his property was seized and offered at auction. ovando, with whom santa clara was a favorite, stood by at the sale, and holding up a pineapple offered it to the most liberal bidder, which pleasantry was so stimulating that the estate brought ninety-six thousand pesos de oro, more than twice its value. afterward the plan was adopted of having three locks upon the government's strong-box, the keys to which were carried by the three chief treasury officials.[v-8] pasamonte was an aragonese, in the immediate service of ferdinand, with whom he corresponded in cipher during his residence in the indies. a very good repartimiento of indians was ordered by the king to be given the faithful pasamonte. in 1511 gil gonzalez dávila was made contador of espa?ola, and juan de ampues factor; to each were given two hundred indians, and they were ordered to examine the accounts of the treasurer, pasamonte. for the faithful must be kept faithful by the strictest watching; such was spanish 268 discretion, whether in the management of men or women.

the removal of ovando was delayed by the death of isabella in 1504, and of columbus in 1506. after persistent importunities diego colon, son of the admiral, was permitted in 1508 to plead in the courts of spain his claim, as his father's successor, to the viceroyalty of the indies. his marriage, meanwhile, with maría de toledo, a lady of high birth and connection, assisted in opening the eyes of the law to the justness of his demands, fully as much as did any argument of counsel. ovando was recalled and diego authorized to take his place.

the new governor, accompanied by his wife, his brother fernando, his uncles bartolomé and diego, and a retinue brilliant with rank and beauty, landed at santo domingo in july, 1509. although ferdinand had withheld the title of viceroy, diego evidently regarded his appointment nothing less than a viceroyalty, although the two mainland governors, alonso de ojeda and diego de nicuesa, for the provinces east and west of urabá, remained independent of him.

the sovereign tribunal.

diego's administration was but little if any improvement on those of his predecessors. he possessed neither the ability nor the prudence of ovando. he had intended equity and honesty in his rulings, and exceptional kindness to the natives; notwithstanding which he began by granting repartimientos to himself, his wife, and kindred, and giving the best of the remainder to his favorites. so that the now standard evils of favoritism and cruelty were in no wise mitigated. not only were the indians no better used than formerly, but falling into the errors of his father in the management of men diego's weak government soon found opposed to it a faction at whose head was the powerful pasamonte. charges of a serious nature against the son of the genoese so frequently reached 269 spain that in 1511 the king found it necessary to establish at santo domingo a sovereign tribunal to which appeals might be made from the decisions of the governor. this tribunal which at first was only a royal court of law, superior to any other colonial power, was the germ of the real audiencia of santo domingo by which the greater part of the indies, islands and firm land, were governed for a period subsequent to 1521. it was at first composed of three jueces de apelacion, or judges of appeal, marcelo de villalobos, juan ortiz de matienzo, and lúcas vazquez de aillon. these licenciados, having brought with them instructions from spain, and also orders on diego colon for partitions of land and two hundred indians each, in 1511 were ready to rule. they were empowered to hear and determine appeals from the governor, his tenientes and alcaldes mayores, and from any other judges that had been or should be appointed either by the colonial governor or by the crown, appeal from their decision being only to the council of the indies in spain. although from its creation clothed with many of the powers of an audiencia, it did not all at once possess that title, but gradually assumed it.[v-9] by decree of september 14, 1526, we find the emperor ordering that in the city of santo domingo there should reside the audiencia y chancillería real, "como está fundada," as at present constituted. it was to consist of a president; four oidores, who were also alcaldes del crímen, or criminal 270 judges; a fiscal, a prosecuting officer in this case; an alguacil mayor, or high sheriff; a teniente de gran canciller, or deputy grand chancellor, and other necessary officers. indeed, beside some of the other officers, a president had already been provided in 1521, in the person of luis de figueroa, bishop of concepcion. francisco de prado was appointed fiscal in 1523, at which time the salaries of the oidores were raised, as they had been deprived of the right of holding indians. all appeals from the jueces de residencia, where the amount involved was less than six hundred pesos de oro, were thereafter referred to this tribunal. alonso de zuazo took his seat among the oidores in 1526. to the audiencia of santo domingo was given for its district the west india islands; and on the mainland the governments of venezuela, nueva andalucía, rio de hacha, and guayana, or el dorado, this district being bounded by those of the audiencias of the nuevo reino de granada, tierra firme, guatemala, nueva espa?a, and the provinces of florida. the president was empowered to make such ordinances as he should deem essential to the good government and defence of the island, just as was done, within their jurisdiction, by other governors of indian provinces. he might fill vacancies in the various subordinate offices until the pleasure of the king should be known, and he might do generally all things pertaining to the executive power. in these matters the oidores were forbidden to interfere; nor could the president exercise judicial functions, but must nevertheless sign with the judges all sentences. in other respects this tribunal was on an equal footing with others of its class.[v-10] 271

audiencias.

meanwhile the most disturbing question in the colony was that of labor. to govern the few spaniards at espa?ola, under the arbitrary system of spain, was 272 a small matter; but to divide among them lands, agricultural and mineral, and laborers in such a way as to satisfy at once the colonists and the many tender and 273 enlightened consciences in spain, in such a way as to prevent the utter ruin either of colonial enterprise or of the natives themselves, was indeed a difficult task.

end of diego colon.

in 1509 possession had been taken of jamaica by juan de esquivel, and toward the end of 1511[v-11] the governor of espa?ola had sent diego velazquez to occupy cuba, which was done without the loss of a spaniard. ojeda and nicuesa having failed in colonizing darien, the mainland in that vicinity was offered by the king in 1514 to the adelantado, bartolomé colon, but he was then too ill to accept the charge, and died not long after. in april, 1515, diego colon embarked for spain; and we find him attempting his vindication at court, when ferdinand died, the 23d of january, 1516. cardinal jimenez, who held the reins of spanish government for a time, refused to decide between the governor and treasurer; but in 1520 the emperor directed pasamonte to molest diego no more. then affairs at espa?ola became more intolerable than ever, and in 1523 diego was divested of authority by the council of the indies, the sovereign tribunal at santo domingo furnishing 274 ample information of a condemnatory character. diego succeeded, however, in having a commission appointed to examine the matter more carefully, but this tended only to further complications; and the last days of the son, which ended in 1526, were not more happy than those of the father had been.[v-12]

bartolomé de las casas.

a steadily growing character, impressing itself more and more upon the affairs of the indies as time went by, was that of bartolomé de las casas. born at seville in 1474, he conned his humanities at salamanca, making little stir among the gamaliels there, but taking the bachelor's degree in his eighteenth year. after a residence of about eight years in the indies, having come with ovando in 1502, he was admitted to priestly orders, from which time he takes his place in history. he was a man of very pronounced temperament and faculties, as much man of business as ecclesiastic, but more philanthropist than either; possessed of a burning enthusiasm, when once the fire of his conviction was fairly kindled, he gave rest neither to himself nor to his enemies. for every evil-minded man who came hither was his enemy, between whom and himself was a death-struggle. the apostle of the indies he was sometimes called, and the mission he took upon himself was to stand between the naked natives and their steel-clad tormentors. in this work 275 he was ardent, ofttimes imprudent, always eloquent and truthful, and as impudently bold and brazen as any cavalier among them all. nor was he by any means a discontented man. he sought nothing for himself; he had nothing that man could take from him except life, upon which he set no value, or except some of its comforts, which were too poor at best to trouble himself about. his cause, which was the right, gave breadth and volume to his boldness, beside which the courage of the hare-brained babbler was sounding brass.

when the attention of the church was first seriously drawn toward the amelioration of the condition of the indians, which was in 1511, there were at espa?ola some thirteen dominicans, living with their vicar, pedro de córdoba, according to the strictest rules of the order, and likewise several franciscans, among whom was antonio de espinal. the dominicans began their protest by a sermon denouncing the course of the colonists, and when ordered to retract, they repeated their charges with still greater emphasis. the colonists sent agents to spain to have the contumacious monks displaced, and among them espinal; for the franciscans, as much in a spirit of opposition to the dominicans as to find favor with the laity, showed a leaning toward the repartimiento system, though they could not decently defend it. the dominicans sent antonio montesino, he who had preached the distasteful sermon, all the dominicans present having signed approval of it. to consider the matter, a junta was summoned in spain, which pronounced the indians a free people, a people to be christianized, and not enslaved; they were innocent heathen, not infidel enemies like the moors, or natural-born slaves like the negroes. ferdinand and fonseca were both earnest in obtaining this verdict, for so had said the king's preachers. meanwhile montesino encountering espinal in spain, won him over to the side of humanity. but all the same the 276 repartimientos were continued, for they were fatherly protection only in theory, and the colonists went on scourging the poor red men.

in the occupation of cuba, pánfilo de narvaez was named by velazquez his lieutenant, and sent forth to subjugate other parts of the island. with narvaez went las casas, who put forth almost superhuman exertions in vain to stay the merciless slaughter of the helpless and innocent. a warm friend of las casas was velazquez' alcalde, pedro de rentería, who in the division of the spoils joined las casas in accepting a large tract of land, and a proportionate repartimiento of indians. this was before las casas had seriously considered the matter, and he was at first quite delighted with his acquisition. but the enormity of the wrong coming upon him, his conversion was as decisive as that of st paul. like the dominicans of espa?ola, las casas began by preaching against repartimientos. in 1515 he sailed for spain in company with montesino, leaving his charge with certain monks sent over from espa?ola by the prelate córdoba. these dominican brothers did what they could, but to such straits were the savages driven after the departure of las casas that to escape the bloodhounds and other evils set upon them by the spaniards thousands of them took refuge in suicide. when diego colon arrived in 1509 there were left in espa?ola forty thousand natives. a repartidor was appointed in the person of rodrigo de alburquerque to repartition the indians, but when he arrived in 1514 there were but thirteen thousand left to divide. after proclaiming himself with great pomp, alburquerque plainly intimated that bribery was in order, that he who paid the most money should have the best repartimiento. afterward the licentiate ibarra, sent to espa?ola to take the residencia of the alcalde aguilar, was authorized to make a new partition. large numbers of natives were given to the king's favorites in spain, and the evil grew apace. 277 nor were affairs at espa?ola mended by sending out so frequently new officials with new and conflicting powers.

the jeronimite fathers.

whatever hopes the monks may have derived from ferdinand's benign reception, death cut short the proposed relief. fonseca, now bishop of búrgos, with coarse ribaldry dismissed the subject; but when las casas applied to the regent, cardinal jimenez, an earnest and active interest was manifest. las casas, montesino, and palacios rubios were directed to present a plan for the government of the indies, which resulted in sending thither three jeronimite fathers, luis de figueroa, alonso de santo domingo, and bernardino manzanedo, monks of the order of st jerome, being selected because they were free from the complications in which those of st francis and st dominic already found themselves involved in the new world. the jeronimites were ordered to visit the several islands and inform themselves regarding the condition of the indians, and adopt measures for the formation of native settlements. these settlements or communities were to be governed each by a cacique, together with an ecclesiastic; and for every two or three settlements a civil officer, called an administrator, having supreme power in the settlements, was to be appointed. the cacique, after obtaining the consent of the ecclesiastic, should inflict no higher punishment on his subjects than stripes; none should be capitally punished except under regular process of law. the matters of education, labor, tribute, mining, and farming were then treated, in all which the welfare of the natives was carefully considered, although the repartimiento system remained. las casas was named protector of the indians with a salary of one hundred pesos de oro. zuazo, a lawyer of repute, was sent with the most ample powers to take a residencia of all the judges in the new world, and against his decisions there was to be no appeal. 278

the jeronimites set out wrapped in mighty determinations. they would not even sail in the same ship with las casas, wishing to be wholly free. in this they were right; but unfortunately, on arriving among the wrangling colonists, and having the actual issues thrust upon them, they found themselves by no means infallible. their measures were tame, and they soon found the protector arrayed against them. the result was their open defence of the repartimiento system, as the only one by which spain could colonize the indies. the burden should be laid as lightly as possible on the shoulders of the natives, but they must be made to work. las casas set out in 1517 to enter his complaints at court, closely followed by an emissary of the jeronimites to represent their side of the question; but they arrived in spain only to find the regent dying. had charles v. remained in flanders, and had the life of cardinal jimenez been spared to spain and the new world a few years longer, it is certain that the cruelties to the indians would many of them have been prevented, and it is doubtful if negro slavery would ever have been introduced into america.

divers rules and rulers.

though the change of rulers which now occurred seriously clogged the wheels of government in spain, the affairs of the indies seemed directly to suffer little inconvenience therefrom. it was indeed a great change, isabella and ferdinand gone, columbus and jimenez also; and the presence of this young charles, undemonstrative, thoughtful, cautious, even when a boy, and enveloped in a flemish atmosphere that shut out all that was most beautiful in spain, even castile's liquid language, made it seem strange there even to spaniards, made it seem a long, long time since the moors were beaten and america discovered. the indies, however, were far away, and so little understood by the flemings that they did not trouble themselves much about them. 279

las casas was fortunate in winning the favor of the flemish chancellor, selvagius, but as in the two previous cases, scarcely was the friendly footing established when the great man died, and the bishop of búrgos, whose influence in the government of the indies had fallen low of late, was again elevated. all the measures that las casas had proposed to selvagius fell to the ground—all save one, the only bad one, and one concerning which las casas afterward asserted that he would give all he possessed on earth to recall it; it was the introduction of negro slaves to relieve the indians.

if the jeronimite fathers accomplished no great things in the indies, they at least did little harm. small-pox attended the herding of the natives in settlements, but it never prevailed to the extent represented. the fact that fonseca held an encomienda of eight hundred indians, the comendador conchillos one of eleven hundred, vega one of two hundred, and other influential men at court other numbers, may have had something to do with the hostility manifested in that quarter toward las casas, who was unflinching to the end in denouncing the system as unjust, unchristian, and inhuman.

casa de contratacion.

the office of indian distributor was most important, and one in which the vital interests of the colonists were involved. it should have been filled by one of high integrity who would hold aloof from contaminating influences. such was not ibarra, who became offensively meddlesome in the affairs of the common council, and died under suspicious circumstances not long after, lebron being sent out to take his place. when the jeronimites countenanced negro slavery to relieve the indians, the colonists were benignant; when they undertook civil service reform, some of them became furious, especially pasamonte, who had been enriching himself as fast as possible while his patron lived, but who had now sunk into 280 insignificance. the favorites of the flemish ministers, such as rodrigo de figueroa, to whom was given charge of the indian settlements, were now the recipients of the fat offices; and the fact of their being flemish favorites was sufficient to array the colonists against them. it was not long before they succeeded in having the residencia of figueroa ordered, and lebron installed as overseer of indians in his place. in 1518, jimenez who sent the jeronimites being dead and fonseca once more manager, the monks were recalled to spain, and the affairs of espa?ola and of the indies were left with the audiencia of santo domingo, acting in conjunction with the consejo de indias[v-13] in spain, the casa de contratacion 281 having more especial charge of commercial matters. 282

many schemes for the benefit of the indians filled the mind of las casas, who continued to labor for 283 them indefatigably. one, originating with pedro de córdoba, was to set apart on the mainland one hundred leagues as a place of refuge for the savages, into which no spaniards but priests might enter. this 284 measure was opposed by fonseca, who said: "the king would do well, indeed, to give away a hundred leagues without any profit to himself." after this las casas spent some time travelling through spain and inducing spaniards to emigrate to the indies, but little that was beneficial came of it. succeeding finally in enlisting the sympathies of the king's preachers in behalf of the indians, a plan for founding a colony on the pearl coast was carried, and notwithstanding oviedo appeared in opposition to his brother chronicler by offering a larger royalty, a grant of two hundred and sixty leagues was signed in may, 1520. failing as a colonist, las casas retired for a time to the dominican convent at santo domingo. after many years spent as missionary and preacher in nicaragua, guatemala, mexico, and peru, he was appointed bishop of chiapas, where in the progress of this history we shall again meet him.

sundry provisions.

certain attention which the indies were now receiving may be mentioned here. some little attention was paid by the ever-watchful government to the welfare of society in these distant parts. the wearing of rich apparel in espa?ola was forbidden by the king in 1523. the appellations of certain of the islands were undergoing change, so that in due time their aboriginal names were restored to cuba and jamaica, the authorities thereby evincing a good taste which rulers and explorers of other nations might well have profited by at a later period. in 1515 six loaves of sugar and twenty cassia fistula were taken by oviedo to spain. in 1517 the pope made bishops in the indies inquisitors; and when in 1521-2 the bulls of leo x. and adrian vi. ordered the franciscans to prepare for mission work in the new world, liberal concessions were made to friars going thence. after the death of pedro de córdoba, who had been appointed inquisitor of the indies, authority became vested in the audiencia of santo domingo. desirous of stimulating emigration, the emperor in 1522 granted 285 further privileges to settlers in the indies. colonists were ordered to take their families to the new world under severe penalties for neglect. licenses were revised, and regulations concerning the going to the new world of the religious orders as well as of all others were made to the utmost extent favorable, but friars found in the new world without a license must be sent forthwith to spain. then laws were made attempting to regulate the method of making war on indians; and in 1523 it was decreed that idols should be destroyed and cannibalism prevented. provision was made for the annual payment of thirty thousand maravedís for the support of a preceptor of grammar. and because of the heavy expenses of living, the emperor permitted the salaries of new world officials to be increased. the tribunals were likewise reorganized to fit the emergency and facilitate business. directions were issued how gold chains should be made and dye-woods cut. it seemed to the emperor necessary in 1526 to issue orders facilitating the arrest of dishonest mercantile agents in the indies, and to send padre de bobadilla, a provincial of the order of la merced, to look after the baptism of the indians. and as to the question of negroes, vexatious from the beginning, the emperor in 1523 revoked for a time the permission given in 1511 to send negroes as slaves to the indies; and it was again ordered in 1526 that indian slaves then in spain should be returned to their country and treated as vassals.