History of Mexico (Bancroft)/Volume 2/Chapter 25

by Hubert Howe Bancroft

 

CHAPTER XXV.

THE NEW LAWS.

1543-1546.

Causes for Enactment of New Laws — Success of Las Casas — Provisions of the New Code — They Cause Excitement among the Colonists — Effort to Introduce Them in New Spain — Visitador Francisco Tello de Sandoval — He Publishes the New Laws in Mexico — Indignation of the Encomenderos — They Send Procuradors to Spain — Who Obtain the Revocation of a Portion of the New Laws — The Emperor's Views on the Subject — Ravages of Pestilence — Eruptions of Volcanoes — Reduction of Tribute — Small Coins — Interestedness of the Clergy — Land Grants — Ambiguous Attitude of Mendoza — Convention of Bishops — Arrival of Las Casas — Mendoza Prohibits Discussion on Indian Affairs — Decision of Ecclesiastics Declaring Slavery Unlawful — Return of the Visitador to Spain.

While Mendoza and Oñate were engaged in the wars of New Galicia, matters of equal import concerning Indian affairs were undergoing animated discussion in Spain. A new code of laws was to be framed, designed to check the gross abuses which openly and in secret were committed in the New World, A long controversy between the most brilliant legal and ecclesiastical lights resulted in the passage of those celebrated ordinances of 1542 and 1543, known in the early history of America as the New Laws. The spirit pervading them was indeed most favorable to the aborigines; but as they were in antagonism with old abuses which had in time assumed the character of rights and privileges inconsiderately conceded from the beginning, they were destined to meet the fate, in a greater or less degree, of all other measures heretofore devised for the benefit of the natives. The conqueror of that period was of different material from the soldier of the present day. He was not a mere machine; he was a great dealer in destiny. He would willingly adventure his life. If he lost, it was well; if he won, it was better. A hundred did lose where one gained, and this each might have known to be the risk had he taken the trouble to make a computation. His life was but one continuous game of hazard; but, if successful, he expected wealth and glory as a just reward.

The king would seldom lend a helping hand in making discoveries and conquests, still, the pacified territory would belong to him. The successful conqueror having surmounted incredible difficulties, having braved dangers and vanquished hostile armies, was nevertheless debarred from claiming actual possession of his conquest; and it was natural he should strive for recompense by some means. Gold was the first prize; but that was soon exhausted; then there were lands and laborers. Slavery was not only unchristian and barbarous, but insufficient; the war or conquest over, there was no further opportunity to make slaves. It was then that the system of repartimientos was resorted to, which, if not slavery in name, was such in fact.^[1]

Though harmless enough in theory, the system soon degenerated into one of shameful oppression, the defenceless condition of the natives inciting the adventurers to increased exactions and brutality. Few of the royal cédulas issued since the discovery of the New World failed to contain some clause providing for the better treatment of the Indians. Their inefficiency was proved by the contempt with which the colonists regarded them, and more stringent measures must be taken.

In vain the settlers were offered vast tracts of territory on condition that they should release their slaves. Of what use to them, they replied, is an entire province, if there are none to build the towns, to till the ground, or work the mines? And of what benefit to his Majesty the discovery and conquest of a hemisphere without labor to develop its resources?

Las Casas was ever the great advocate of a radical change in the Indian policy, and on his return to Spain in 1539 he laid before the emperor and council the result of his life-long labors on behalf of the natives, and urged the adoption of measures for their relief. No matter of graver import had for years engaged the attention of the court, and so impressive were the apostle's words that when about to set forth again for Guatemala, in 1541, he was ordered to remain at court^[2] until the new measures should be fully discussed and determined. And his efforts were supported by the eloquent and passionate arguments of his friend, Cardinal Loaisa, then at the head of Indian affairs.^[3]

A royal junta composed of eminent jurists and ecclesiastics was held during the same year, for the purpose of framing ordinances for the better government of the Indies. Hoping at last to see his life-labor crowned with success, Las Casas pleaded his favorite cause with all the fire of younger days. A remarkable circumstance indeed, that in those dark ages when the inquisition, founded by the Dominicans, was the bane of christendom, a leading genius of that order should with such pertinacity and heroism defend the natural rights and liberties of millions of human beings, and those idolatrous heathen.

Las Casas advocated the immediate and unconditional liberation of the natives, for whatever cause enslaved. And great must have been his exertions to obtain the final passage of the ordinances, for we find that many powerful holders of slaves and repartimientos opposed; and indeed Cortés, then in Spain, did not support him. On the contrary, he presented a memorial to the emperor in which the encomienda system, with some modifications, was recommended as of transcendent importance to New Spain.^[4]

The deliberations of the junta finally resulted in a code of laws, which received the emperor's sanction in Barcelona, November 20, 1542. After mature consideration, however, it was found that some of the provisions were deficient, and on June 4, 1543, the code was accordingly amplified; on the 26th of the same month its immediate publication and enforcement in New Spain were decreed. The new code referred in a great measure to the treatment of the Indians, particularly in regard to their enslavement. The remedies were by no means so radical as Las Casas had desired. The granting of his principal request, that the enslaved Indians should be set free, was rendered of little avail by permitting owners who could establish a legal title to their possession to retain them. No natives were henceforth to be enslaved under any pretext, not even that of rebellion. It will be remembered that before the enactment of these laws, Indians captured in war, or guilty of certain crimes, could be legally enslaved; and it never had been difficult for holders to prove that one offence or another had been committed.

Those to whom the repartimientos had given too many serfs, must surrender a portion of them; and on the death of the present encomenderos, their Indians were to revert to the crown, the heirs to be provided for from the royal treasury. New encomiendas were not to be granted under any circumstances, and those who maltreated their vassals should be deprived of them forthwith. All ecclesiastics, religious societies, and all officers under the crown must deliver up their serfs at once, and never after hold any, even though they should resign their office; and inspectors were to be appointed to watch over the interests of the natives, to be paid for their services out of the fines levied on transgressors. It was further ordered that no relative or servant of any member of the council of the Indies should henceforth act as solicitor or procurador in any matter touching the Indies; the residencias of oidores or governors were to be sent to Spain; all others were to be determined in the Indies, and the audiencia was empowered to take a residencia at any time; persons henceforth asking for royal favors must be recommended by that body to show that they are worthy.

Except by special permission from the crown further discoveries were restricted, so that Spaniards should have no further control over the Indians, their personal services or tributes. And finally the natives were to be converted to the Catholic faith, and be otherwise treated as "free vassals of the king, for such they are."^[5] In addition to this the priests were requested to instruct their new charge, and tell them how the heart of his Majesty the emperor, and of his holiness the pope, yearned for their welfare, and desired but to make them acquainted with the easy yoke and light burden of their divine master.

But there were other clauses in the new laws hardly less distasteful to the Spanish settlers than those relating to the treatment of the natives. Among these were the provisions that the audiencia at Panamá, was abolished and two new tribunals were to be established, one in Peru, and the other, termed the Audiencia de los Confines, at Comayagua in Honduras.^[6] In connection therewith the law provided that henceforth the provinces should not be ruled by governors, but in their stead should be the audiencias, with authority to use the royal seal. In order to Insure a greater obedience of the law, and that the natives might be fully apprised of their newly conceded rights, it was decreed that the new code should be translated into the principal native tongues, and published throughout the Indies.

Later, in the year 1550, a royal order was issued to the effect that neither viceroy nor members of the audiencia should transact any other than their official business; they must not own any estate in city, town, or country, nor cattle, nor any interest in mines. If they considered their salaries insufficient they might resign, as the monarch wanted nobody to serve against his will.^[7] But this decree was no more heeded than the many others which from time to time had appeared, demonstrating the laudable intention of the crown to improve the government of the colonies.

The important task of introducing the new régime in New Spain was confided by the crown to Licenciado Francisco Tello de Sandoval, of the council of the Indies. It was feared at first that the great authority with which he must necessarily be vested might create unpleasant feelings or jealousy with Viceroy Mendoza. After mature consideration, however, it was decided to trust in the loyalty and recognized discretion of both these high functionaries. But this was expecting too much of human nature, at least of Spanish nature; for not only was the visitador instructed to take the residencia of all the royal officials, including the members of the audiencia, but also that of the viceroy. He was further authorized to exercise the functions of an oidor, entitled to a seat and vote in the tribunal.^[8]

Was it surprising that a cry of alarm was heard when those portentous tidings reached the colonists? There was a storm of excitement and indignation, and of resentment against the crown, such as subjects of Spain seldom dared to breathe before; execrations were hurled against the India Council, and, above all, against the unflinching Las Casas. It was known that no less a personage than a member of the India Council would be sent to publish and enforce the odious laws. Ina single day the fruits of incessant toil and dangers, the result of all their labor, were to be taken from them; life after all was to end in poverty and want.

While the encomenderos, who had been notified by their friends in Spain of what they might expect at the hands of Tello, were devising means to impede if possible the execution of the new ordinances, and _retain their encomiendas, the visitador landed at Vera Cruz and reached the city of Mexico March 8, 1544.^[9] On the morning of the third day a number of representative encomenderos, and a notary, presented themselves with a petition praying for the non-publication of the new code; but they met with a severe reprimand for their temerity in taking such a step before the visitador had delivered his credentials to the audiencia. That same day Tello gave them a hearing, however, and fearing evil consequences from sudden and decisive action, quieted them with ambiguous promises.

Nevertheless, on the 13th, Tello presented the ordinances to the viceroy and the audiencia, and notwithstanding all the remonstrances on the part of interested colonists, the new laws were published in the city of Mexico, March 24, 1544.^[10] This unexpected proceeding on the part of the authorities caused much indignation among the encomenderos, and a tumultuous demonstration, headed by the chief proctor,^[11] Antonio Carbajal, was about to be made; but the people were diverted from their purpose by a call to a meeting at the cathedral for the following day by Bishop Zumárraga. There, in a lengthy discourse, the prelate led the Spanish settlers to hope that the new laws would not be enforced where found to be detrimental to their interests. This partially quieted them. On questioning the religious orders as to their opinions regarding the expediency of continuing the system of encomiendas, Tello was surprised to find that they all sided with the encomenderos.^[12]

The reason is readily understood. There were many advantages to the church connected with the encomienda system; besides, Bishop Zumárraga was the owner of the important town and encomienda of Ocuituco, and the Austin friars controlled Tezcuco, at the time the largest encomienda in New Spain.^[13]

So the religious orders at this time were solidly opposed to the liberation of the natives.^[14] The plea set up by them, and taken for truth by the older and more particularly by the religious chroniclers, was that by such means alone they were enabled successfully to prosecute conversion and give instruction in the Christian faith. And yet it would seem that had the natives all been gathered in corregimientos, in the, name of the crown, and free, subject only to the payment of the tribute, the task of the friars so far as instruction and the cure of souls were concerned could scarcely have been more arduous; for there the Indian was comparatively master of his time, and not subject to continuous labor and the caprice of a taskmaster. In that case, however, the income of the church as well as that of many of its ministers, would have been materially diminished.

Further than this, according to the new code, the church and convents were among the first to be deprived of their native vassals. Under the circumstances it was to be expected that the friars as a rule would unite with the encomenderos to defeat the new laws. The Dominicans did not hesitate to declare that the Indians in charge of the Spaniards were treated with great kindness, more like children than servants; while on the other hand those under the crown in corregimientos suffered greatly from the harshness of the corregidores.^[15]

Bishop Zárate of Oajaca took the same ground and maintained that one small town, having a variety of occupations for the Indians, would support a Spanish family; but it took four of them to pay the salary of a corregidor. Even so; the inhabitants of that one town were rarely at liberty to work for themselves, nearly all their time and labor being claimed by their master. This was not the case in corregimientos, where nothing was required but the payment of the royal tribute. The worthy bishop, in his zeal to convince the visitador that new laws were needless, went so far as to accuse the Indians of ill treating their masters, and that sometimes native alguaciles would arrest Spaniards and bring them bound to the audiencia.^[16]

Bishop Maraver of New Galicia called his native flock "a beastly, ungrateful, lying set, audacious and insolent;" but reflecting on the causes of the Mixton war, he approved of the Jaws prohibiting the enslaving of Indians, and of reducing them to captivity or servitude, unless for rebellion; otherwise they might be emboldened to revolt. He further recommended that, except the cities and some principal towns, all the rest of the land should be divided among Spanish conquerors and settlers,^[17] a measure no less impolitic than unjust.

Indeed, there were many among the clergy opposed to encomiendas, and in favor of the new laws, prominent among whom, it is claimed, was the provincial Francisco de Soto.^[18] Among the many representations to the crown concerning the Indian policy there was one which came neither from the religious orders nor from any government official.^[19] It was proposed to abolish the system of personal taxation, and let public tributary lands be granted to Indians and Spaniards alike, subject to the payment of a tax assessed according to the value of the land; these assessments to be made by competent Indian commissioners not residing in the towns or near vicinity of such grants. To successfully carry out this plan the titles to all lands hitherto sold by Indians to Spaniards, including friars, should be carefully examined, and annulled if found to be defective. This latter request was made because it was known that great frauds had been committed in obtaining possession of large tracts of the best lands.^[20] These suggestions were, of course, too radical to be acted upon by the government, as the majority of the colonists, and particularly the religious orders, would oppose a project to despoil them of their possessions.

 

In the mean time Mendoza and Tello reflected seriously over the inconveniences which might attend precipitous action. They were aware that many families would be impoverished should the law be vigorously applied, and they decided to be lenient. To gain time, the municipality was requested to send procuradores to present the grievances of the colonists to the king, and to ask the revocation of that portion of the new code which particularly affected the interests of the encomenderos. Alonso Villanuevo, Gerónimo Lopez, and Peralmindez Chirinos, of the city council, and the provincials of the Dominican, Franciscan, and Austin orders^[21] were thus appointed, and set out for Spain, accompanied by other influential Spaniards. They were successful even beyond expectation, and by royal decree of October 20, 1545, the obnoxious provisions in the code were revoked,^[22] notwithstanding the earnest protestations of Las Casas. The encomenderos and Spanish settlers celebrated their success with feasts and rejoicing, while the poor natives, in whose heart had arisen the hope of deliverance, crept wearily to the task which death alone would terminate.

According to some writers, during the absence of the procuradores, Tello and Mendoza endeavored to enforce some of the less offensive portions of the new code; but, as we have seen, the most important part was abrogated. And in all the other provinces these much feared new laws were for the most part also disregarded, though they caused vexation and trouble to the governors and the governed. In Nicaragua they were the direct cause of the bloody Contreras revolt, and in Peru, where Viceroy Vasco Nuñez Vela would not recede, they produced the great rebellion resulting in that official's death, and which might have caused the loss to the Spanish crown of the country,

but for the prudence and energy of Pedro de la Gasca.^[23] But how stood the Spanish government at the time in relation to the colonies, if impotent to enforce laws dictated by an impulse humane and Christian? The representations of Las Casas and others had convinced the monarch of the necessity of taking steps for the relief of the natives; for soon after havin sanctioned the new laws, he confessed^[24] that "the character of the Indians is now well known; they are children; they are so intimidated and dependent that it would be vain to tarry until they arouse themselves, for they cannot speak though they be slaughtered like so many sheep." At the same time he knew his Spanish subjects well, and acknowledged that "the coveteousness of our Spaniards is manifest to the whole world; they want all; however much they may obtain, it will not satisfy them." Then fearful of the result to himself the perplexed emperor cried out: "If the poor Indians should suffer by reason of any negligence of mine, it will be at the risk of my soul."

We have seen before this that a decline in the revenues might be expected should the system of encomiendas be abolished; this economic reason was of weight, and it was by no means difficult for the avarice of Charles to overrule his religious scruples. The safety of the colonies he had at heart; could he risk an uprising among his Spanish colonists by depriving them of their conquered spoil? Being so far from the Indies, he might easily see and hear only that which was to his interest.^[25] "A good governor I have in Mendoza," he used to say, "a good Christian, a prudent person, and of excellent qualities; but after all he is human, and a man of the century; wealth he covets, and has need of it, for many are the relatives, friends, and servants for whom he must provide."

 

The great calamity which had thus befallen the natives of New Spain, the restitution of a measure which had wrought them such injustice was not their sole affliction at this juncture. The epidemics which had now and then appeared in various parts of the country broke out again in 1545 and spread with rapidity. The disease, hitherto unknown, was called by the natives matlazahuatl. Six months this terrible scourge lasted, during which time, it is alleged, some eight hundred thousand natives perished.^[26]

Mendoza, the royal officials, and the friars of the different orders did their utmost to alleviate suffering. It was said that the pestilence was caused by supernatural phenomena; and according to Cavo it was allayed by the prayers and religious exercises of Bishop Zumárraga.^[27]

Father Domingo de Betanzos had predicted the total destruction of the native races of New Spain, within a comparatively short period, notwithstanding the wholesome laws enacted by the crown. Indeed, it was at no time difficult to predict that what disease failed to do, forced labor in the mines, on farms, and other unaccustomed tasks, accompanied by continuous and persistent bad treatment, might easily accomplish.^[28] Before the great epidemic, that is to say on the 8th of August 1544, a royal decree was issued on the recommendation of the viceroy and the ecclesiastical cabildo, which commanded the natives to pay tithes of cattle, grain, and silk. It becoming now impossible to collect these tithes, and even the ordinary tribute, it was ordered April 10, 1546, that a reduction be allowed. But the amount was not fixed, the royal officials being requested to use their judgment, and not demand more than the natives could pay.

As time passed by the business and social relations of the viceroy and visitador were becoming somewhat unpleasant. It was generally conceded that Mendoza represented his Majesty well — though we might catalogue a few crimes against him without searching far — and to have present a superior to interfere in his affairs, even though temporarily and for form's sake, was not desirable.

On the whole Mendoza was well enough fitted for the office he held and was deserving of credit in the conscientious discharge of his duties, though often at the cost of the natives. The course taken in connection with Visitador Tello and the new laws had the effect of preserving peace. But the ends of justice were not served, and the proceedings were not in accordance with the wishes of the crown. Many a law in its first application is like the surgeon's knife, wounding deeply to make the cure more complete; and though these new laws were humane and just, their ultimate good effect was lost sight of in the present inconveniences which an immediate enforcement would have caused. But though a just man and a good officer, it was not possible for the viceroy to avoid hating another just man and good officer. Which it was Mendoza's policy to outwardly remain on a good footing with the visitador, aware of the great authority with which that official was clothed, he hurled bitter epithets against him in his letters to the court.^[29] And being aware that the interests of the clergy were identical with his own, he took care to insure their support, knowing that against the two Tello could accomplish little. A representation to Prince Philip made in 1545 by Bishop Zumárraga and Father Domingo de Betanzos, then prior of the Dominican convent, in favor of the viceroy, certainly has all the appearance of having been dictated by Mendoza himself. There may have been fears of removal, as they took occasion to say that it would be a serious loss to the country. His services "to which are due the peace, security, and advancement, both spiritual and temporal, of the country," were not what they might have been had not his powers been curtailed.^[30]

During the nine years of his government before the arrival of Tello, Mendoza had doubled the royal revenue, established justice and a stable government, and the progress of the country on every hand was marked. His appreciation of himself, however, seemed to have kept pace with progress.^[31] While the procuradores of the encomenderos sojourned in Spain, the members of the audiencia and other royal officials were called to account, and their residencias and that of the viceroy were published with great ostentation in 1545. The earlier writers make light of this affair, assuming it to have been a mere matter of form to call to account a man of Mendoza's character, who, it was universally acknowledged, had discharged his duties faithfully. It appears, indeed, that no charges were sustained against him, and he continued in the undisturbed possession of his office. There may have been some truth in the remarks of Cortés, that he kept the Spaniards in such subjection and fear that they dared not report the abuses he committed.^[32]

Nevertheless, the fact of his having taken and caused to be branded over five thousand slaves during the Mixton war, and his allowing the most cruel punishments and mutilations to be inflicted, does not speak much in favor of the humane feelings with which he is accredited by most writers, however necessary he may have thought such action to be for the pacification of the country.^[33]

 

The purifying presence in New Spain of the visitador, the licenciado Tello de Sandoval, was undoubtedly beneficial. It was a comfort to his master Charles to know that his interests in that quarter were watched, and that the official cruelties and robberies were not greater than usual. Nevertheless, he had not accomplished much, and yet it was time for him to return to Spain. One more duty devolved upon him, however, before his departure from the country.

In 1546 he convened all the bishops of New Spain at Mexico for the purpose of deciding what was best for the spiritual welfare of the inhabitants. Even here arose complications. All the bishops were assembled except Las Casas, now bishop of Chiapas, who was known to be on his way to the capital. A nervous excitement prevailed upon the approach of the champion of Indian rights and liberty. Mendoza, fearing disturbances on the part of the encomenderos should Las Casas enter Mexico at that time, ordered him to be detained at a certain distance from the city. Of course it was universally known that he had been the main-spring in the efforts to deprive the colonists of their repartimientos. After some time the prohibition to continue his journey was removed, and entering Mexico Las Casas took up his abode in the Dominican convent. Mendoza and the oidores, not to appear lacking in the respect due a prelate, sent him a greeting of welcome. Imagine their surprise when they received word in return, "Do not find it strange," said Las Casas, "that I come not to you in person, to thank you for the favor extended to me; I have excommunicated the viceroy and members of the audiencia for having given sentence to cut off the hands of a clergyman in Oajaca!^[34]

After the discussion of general ecclesiastical matters, the assembled prelates attempted to enter upon the important topic of Indians and encomenderos, by the earnest solicitation of the indefatigable Las Casas. Mendoza peremptorily forbade them to discuss the question, as it was a matter of state and not of the church. Subsequently, however, a meeting of ecclesiastics, not of the bishops, was held in the Dominican convent, presided over by Las Casas, in which it was finally decided that the enslaving of Indians was unlawful. The decision was translated into the native languages and published throughout New Spain. Bat this action was without significance, except as giving the thrice worthy apostle, for himself and his order, the opportunity of publicly washing his hands of the foul sin of human slavery.

 

 

1. For explanation of repartimientos or the encomienda system, see this vol., 145-52, and Hist. Cent. Am., i. 262-4, this series.
2. By Cardinal Loaisa, president of the council of the Indies, 'por ser necesarias sus luces y su asistencia en el despacho de ciertos negocios graves que pendian entonces en el consejo.' 'Las Casas,' in Quintana, Vidas, 179-80.
3. During the interval Las Casas had perfected, and in 1542 he presented to the court his well known work Breuissima relacion de la destruycion de las Indias.' This book was not printed till 1552, at Seville. Before the end of the century it was translated into and printed in several of the languages of Europe.
4. Cortés, Escritos Sueltos, 270-8. To make the natives obey the laws, more Spaniards should reside in the country and means be provided for their suprt; not in money, but by granting mines; above all, the indignation must be avoided which would be caused by liberating the Indians. Not possessing them, the Spaniards would not remain in the country, as had been proved on the Islands when the Indians disappeared. And in this same strain Cortés goes on, recommending the judicious apportionment of Indians among the conquerors and Spanish settlers.
5. The additional articles of June 4, 1543, relate mainly to the first conquerors or their descendants, living in New Spain without sufficient means of support. They were to be preferred in public positions, or otherwise provided for; and again reiterating the diminution of tributes, and a general protective policy in favor of the natives so as to preclude all chances or attempts at oppression or extortion. Slaves should net be employed in the pearl-fisheries against their will, under penalty of death to the party so using them; nor when used as carriers was such a load to be laid on their backs as might endanger their lives. Questions concerning the possession or ownership of Indians must be transmitted for decision direct to the crown. The full text, reprinted from an original manuscript, may be found in Leyes y Ordenanzas, Icazbalceta, Col. Doc., ii. 204-27. Remesal, Herrera, Torquemada, and others give more or less extensive extracts.
6. This audiencia was, however, first established at Gracias á Dios. See Hist. Cent. Am., ii. this series.
7. The oidores were to reside in the audiencia building and do no trading whatever; no-to engage in any agricultural pursuits, not even for their own use; aud the same prohibition extended to their unmarried sons and daughters. Cloth, siik, wine, and other needful articles were to be imported for them from Spain. The holding of property in other people's names was also strictly forbidden under penalty of loss of office and a fine of 1,000 ducats. Other persons who dealt with them were to lose their property. The order was reiterated by the king, June 18, 1564. Memorial, Pacheco and Cárdenas, Col. Doc., xviii. 42-7. The pay of royal treasury officials was increased Jan. 24, 1545, but they had difficulty in obtaining it. Puga, Cedulario, 171-2.
8. Besides the general instructions concerning the new laws, Tello de Sandoval was authorized to exercise the functions of inquisitor, which office he held in Spain; and by a papal bull to extend or restrict bishoprics; to call a meeting of the bishops of New Spain for the purpose of determining what measures should be convenient for the spiritual welfare of the inhabitants; to improve colleges, hospitals, and churches, and encourage the erection of new ones; and, in fine, to attend to all matters of import to the colonies and the crown. Herrera, dec. vii. lib. vi. cap. vii.; Cavo, Tres Siglos, 1. 138-9; Puga, Cedulario, 94-8.
9. The encomenderos intended to receive him clad in mourning, to show their disapproval of the new laws, but were prevented by the viceroy. Cavo, Tres Siglos, i. 139-40.
10. They were read in the plaza by the public crier in the presence of the viceroy, the visitador, the oidores, the notary Antonio de Turcios, and the other royal officials. Leyes y Ordenanzas, Icazbalceta, Col. Doc., ii. 226-7, reprint from the original certificate of the notary. Torquemada, i. 615, and others give the publication on the 28th.
11. Procurador mayor.
12. On May 4, 1544, the Dominicans, and on the 15th the Franciscans decided and reported to Tello in favor of repartimientos, Betanzos, Parecer, in Pacheco and Cárdenas, Col. Doc., vii. 526-41.
13. Grijalva, Crón. S. August., 66, assumes 'que el señor Obispo Zumarraga perdió por aquella ley al pueblo de Occuituco, que lo tenia en encomienda, y nosotros' — the Austin friars — 'al pueblo de Tezcuco, q era la mayor encomienda que auia entonces.' There is no evidence, however, that such was the case.
14. Mendoza himself, in a letter to the emperor, affirms that 'the clergymen who come to these countries "son ruines y todos se fundan sobre interes" . . .  their salaries must be fixed, and an account taken of what the Indians give them . . . their 'dealings with them must be looked into,' Mendoza, Rel., in Pacheco and Cárdenas, Col. Doc., vi. 485-6.
15. Where the encomenderos were said to be lenient in the collection of the tribute, the corregidores were charged with imprisoning the natives in default of prompt payment. The Dominicans also decided that Indians were unfit for the Catholic priesthood. Betanzos, Parecer, in Pacheco and Cárdenas, Col. Doc., vii. 535-42.
16. This could certainly have happened only in case where such alguaciles were ordered by some corregidor to arrest a vagabond or criminal. The bishop further states that the Indians would not serve unless well paid, and then only with reluctance. Zárate, Carta, in Pacheco and Cárdenas, Col. Doc., vii. 550-1.
17. The bishop claimed that thus the Spaniards would feel inclined to take the best care of the Indians placed under their charge, protecting them from the extortions and villanies of their own chiefs. Maraver, Carta, in Pacheco and Cardenas, Col. Doc., viii. 208-9.
18. Several conquistadores, under some pretence, induced him to sign a paper. After the act Soto recognized it to contain an affirmative opinion on the advisability of making Indians slaves. He snatched the paper and swallowed it. The Spaniards afterward refused to support his friars, remarking, they should eat paper like their superior. Vetancvrt, Menologia, 92. This may be doubted, however, as Soto was one of the procuradors who asked for the repeal of the new laws.
19. Relacion, in Pacheco and Cárdenas, Col. Doc., vi. 169-72. This evidently came from some well-meaning Spanish settlers who dared not publish their names for fear of offending either the clergy or the official authorities.
20. The friars were opposed to any land grants to Indians by which the latter would be relieved from personal tribute. The project, therefore, should be kept secret from them until put into practice, otherwise they would prevent it. The decree forbidding the friars to own lands obtained from Indians should be strictly enforced, for if not they would soon possess themselves of all the best lands in the country. Nor was there any necessity for their owning any, as the crown supported them, and the Indians provided all their wants, Relacion, in Pacheco and Cárdenas, Col. Doc., vi. 170, 172-3.
21. Francisco de la Cruz, Francisco de Soto, and Francisco de San Roman. Beaumont, Crón. Mich., 1v. 502.
22. Anemos acordado á reuocar la dícha ley y dar sobre ello esta nra carta, e la dicha razo: por la qual reuocamos y damos por ninguna y de ningun valor y efeto el dicho capitulo y ley.' Royal Cédula, in Puga, Cedulario, 100-1. To give due force to and prevent any misinterpretation of this decree, it was republished by order of the king, and embodied in a new decree of Jan. 16, 1546. Id. The procuradores not having found the emperor in Spain, followed him to Ratisbon, where according to Torquemada, 1. 615, he granted them all they asked, Cavo, Tres Siglos, i. 141-2, has it that when Tello first heard of the revocation he made haste at least to deprive the royal officials of their repartimientos. This was done in pursuance of the royal cédula of Dec. 1, 1544. Puga, Cedulario, 173.
23. For particulars of these events, see Hist. Cent. Am., ii., this series.
24. In a letter to Friar Antonio de Ciudad Rodrigo, whom he requested to see that the laws were complied with, and to report any contravention. Torquemada, iii. 258.
25. 'Yo estoi tan lexos, que no puedo vér, ni entender, sino solo lo que me dixeren,' Torquemada, iii. 259.
26. The daily mortality in Tlascala was from 1,000 upward; in Cholula sometimes 900, ordinarily from 400 to 700; in Guaxociugo and other places the same in proportion. Betanzos, Carta, in Icazbalceta, Col. Doc., ii. 198-201.
27. Grijalva, Crón. S. August., 67-8, says five sixths of the native population of New Spain perished. The disease, which was not known before, was caused by a comet, eruption of volcanoes, and other supernatural phenomena. Others are not less credulous. In 1540 Lake Chapala overflowed its banks and the waters became green. A sword-shaped comet preceded the pestilence of 1542, which was a bieeding from the nose. An eruption of Popocatepetl occurred in 1540, when much damage was done; the ashes reached Cholula and burned part of the town. The Orizaba emitted lava in 1545. Beaumont, Crón. Mich., v. 53-6, 220; Mota Padilla, Cong. N. Gal., 156-7; Ogilby's Am., 266-7; Cavo, Tres Siglos, i. 142-8; Mendieta, Hist. Ecles., 515; Dávila Padilla, Hist. Fond. Mex., 117-18.
28. For causes of decrease in the native population see Humboldt, Essai Pol., i. 66 et seq.; Arlegui, Chrón. Zacatecas, 342; Pimentel, Mem. Sobre la Raza Indígena, 97-188.
29. Mendoza manifested his jealousy by complaining that Tello would virtually be governor of New Spain during the time he should take the residendencia of himself and the oidores. He was also embittered because of the disrespect shown him by the visitador after his arrival at Vera Cruz. Tello there made known that he had superior authority over the whole country, and being asked, 'What of the viceroy?' he answered: 'Ship him to Spain when I deem it proper.' Arriving in Mexico he published the viceroy's residencia twice throughout the land, as if he were the lowest corregidor or alcalde in the country. Mendoza, Carta, in Col. Doc. Inéd., xxvi. 326, and Id., in Pacheco and Cárdenas, Col. Doc., iii. 509.
30. The natives looked upon him as a father, and all the people had felt painful anxiety during the serious illness from which he had lately recovered. Carta, in Pacheco and Cárdenas, Col. Doc., xiii. 5834-6. The Indians mentioned were certainly not of New Galicia!
31. His letter of June 20, 1544, in Col. Doc. Inéd., xxvi. 325-7. He also reminds the emperor not to believe any reports against him, by his enemies, as he had been promised before coming out to New Spain.
32. When in 1543 Cortés, then in Spain, learned that Tello de Sandoval was to be despatched as visitador, he presented a memorial to the crown praying that the residencia of Mendoza be taken, against whom he had many causes of complaint. The charges he there enumerates dwell on the viceroy's conduct in the Mixton war; on his engaging in prohibited expeditions; selling of Indian towns; permitting venality of his servants; appropriating the royal funds to his own use; engaging in illegal traffic with the connivance of agents at Vera Cruz, and many more abuses of a similar nature. Cortés offered in proof of all he alleged some letters from New Spain, which he would only confide to the personal inspection of the emperor, for should Mendoza know their authors he would not fail to take revenge. Cortés, Escritos Sueltos, 325-41. Allowance must be made, however, for the enmity existing between these two eminent rivals. At any rate the residencia excited very little attention at the time.
33. I will give one instance. When in the vicinity of Jalpa, he despatched Maldonado, captain of an advance guard, to ask the natives to surrender. That officer discharged his duty by cutting off the hands of two Chichimecs, and the breasts of two women, sending them in this pitiable condition to their lord, with a message to come to the Spaniards. Some days after this 12 Chichimecs were placed before a cannon and torn to pieces; 23 were hanged, and 17 killed with darts. Acazitli, Rel., in Icazbalceta, Col. Doc., ii. 316-17. All this happened in the presence of the viceroy, and it appears somewhat like a pe when we read of his 'moderacion y humanidad' in Zemacois, Hist. Méj., v. 5.
34. Cavo, Tres Siglos, i. 144; Icazbalceta, i. pp. xci.-ii. According to Remesal, Hist. Chyapa, 411-14, Las Casas arrived at Mexico before the other bishops. In attendance were those of Guatemala, Oajaca, Michoacan, Chiapas, and Mexico; it is not certain that the bishop of Puebla was present.