Las Casas appeared before this body, and made an elaborate argument, of which a part only has been given to the public. He there assumes, as a fundamental proposition, that the Indians were by the law of nature free;that, as vassals of the Crown, they had a right to its protection, and should be declared free from that time, without exception and for ever.10He sustains this proposition by a great variety of arguments, comprehending the substance of most that has been since urged in the same cause by the friends of humanity. He touches on the ground of expediency, showing, that, without the interference of government, the Indian race must be gradually exterminated by the systematic oppression of the Spaniards. In conclusion, he maintains, that, if the Indians, as it was pretended, would not labor unless compelled, the white man would still find it for his interest to cultivate the soil; and that if he should not be able to do so, that circumstance would give him no right over the Indian, since God does not allow evil that good may come of it.11--This lofty morality, it will be remembered, was from the lips of a Dominican, in the sixteenth century, one of the order that rounded the Inquisition, and in the very country where the fiery tribunal was then in most active operation!12The arguments of Las Casas encountered all the opposition naturally to be expected from indifference, selfishness, and bigotry. They were also resisted by some persons of just and benevolent views in his audience, who, while they admitted the general correctness of his reasoning, and felt deep sympathy for the wrongs of the natives, yet doubted whether his scheme of reform was not fraught with greater evils than those it was intended to correct. For Las Casas was the uncompromising friend of freedom. He intrenched himself strongly on the ground of natural right;and, like some of the reformers of our own day, disdained to calculate the consequences of carrying out the principle to its full and unqualified extent. His earnest eloquence, instinct with the generous love of humanity, and fortified by a host of facts, which it was not easy to assail, prevailed over his auditors. The result of their deliberations was a code of ordinances, which, however, far from being limited to the wants of the natives, had particular reference to the European population, and the distractions of the country. It was of general application to all the American colonies. It will be necessary here only to point out some of the provisions having immediate reference to Peru.
The Indians were declared true and loyal vassals of the Crown, and their freedom as such was fully recognized. Yet, to maintain inviolate the guaranty of the government to the Conquerors, it was decided, that those lawfully possessed of slaves might still retain them; but, at the death of the present proprietors, they were to revert to the Crown.
It was provided, however, that slaves, in any event, should be forfeited by all those who had shown themselves unworthy to hold them by neglect or ill-usage; by all public functionaries, or such as had held offices under the government; by ecclesiastics and religious corporations; and lastly,--a sweeping clause,--by all who had taken a criminal part in the feuds of Almagro and Pizarro.
It was further ordered, that the Indians should be moderately taxed; that they should not be compelled to labor where they did not choose, and that where, from particular circumstances, this was made necessary, they should receive a fair compensation. It was also decreed, that, as the repartimientos of land were often excessive, they should in such cases be reduced; and that, where proprietors had been guilty of a notorious abuse of their slaves, their estates should be forfeited altogether.
As Peru had always shown a spirit of insubordination, which required a more vigorous interposition of authority than was necessary in the other colonies, it was resolved to send a viceroy to that country, who should display a state, and be armed with powers, that might make him a more fitting representative of the sovereign. He was to be accompanied by a Royal Audience, consisting of four judges, with extensive powers of jurisdiction, both criminal and civil, who, besides a court of justice, should constitute a sort of council to advise with and aid the viceroy.
The Audience of Panama was to be dissolved, and the new tribunal, with the vice-king's court, was to be established at Los Reyes, or Lima, as it now began to be called,---henceforth the metropolis of the Spanish empire on the Pacific.13Such were some of the principal features of this remarkable code, which, touching on the most delicate relations of society, broke up the very foundations of property, and, by a stroke of the pen, as it were, converted a nation of slaves into freemen. It would have required, we may suppose, but little forecast to divine, that in the remote regions of America, and especially in Peru, where the colonists had been hitherto accustomed to unbounded license, a reform, so salutary in essential points, could be enforced thus summarily only at the price of a revolution. Yet the ordinances received the sanction of the emperor that same year, and in November, 1543, were published at Madrid.14No sooner was their import known than it was conveyed by numerous letters to the colonists, from their friends in Spain. The tidings flew like wildfire over the land, from Mexico to Chili. Men were astounded at the prospect of the ruin that awaited them. In Peru, particularly, there was scarcely one that could hope to escape the operation of the law. Few there were who had not taken part, at some time or other, in the civil feuds of Almagro and Pizarro; and still fewer of those that remained that would not be entangled in some one or other of the insidious clauses that seemed spread out, like a web, to ensnare them.
