CHAPTER XXV.

THE NEW LAWS.

1543-1546.

CAUSES FOB 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 PESTI
LENCE ERUPTIONS OF VOLCANOES REDUCTION OF TRIBUTE SMALL
COINS INTERESTEDNESS OF THE CLERGY LAND GRANTS AMBIGUOUS
ATTITUDE OF MENDOZA CONVENTION OF BISHOPS ARRIVAL OF LAS
ASAS MENDOZA PROHIBITS DISCUSSION ON INDIAN AFFAIRS DECISION
OF ECCLESIASTICS DECLARING SLAVERY UNLAWFUL RETURN OF THE
VISITADOR TO SPAIN.

WHILE Mendoza and Onate were engaged in the

wars of New Galicia, matters of equal import concern
ing Indian affairs were undergoing animated discus
sion in Spain. A new code of laws was to be framed,
designed to check the gross abuseswhich 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 hereto-
(516)
 THE REPARTIMIENTO SYSTEM. 517

fore devised for the benefit of the natives. The con

queror 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 con

queror having surmounted incredible difficulties, hav
ing 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 bar
barous, 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
1
in fact.

Though harmless enough in theory, the system

soon degenerated into one of shameful oppression, the
defenceless condition of the natives inciting the adven
turers to increased exactions and brutality. Few of
the royal cedulas issued since the discovery of the
New World failed to contain some clause providing
for the better treatment of the Indians. Their in
efficiency 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 terri-
1
For explanation of repartimientos or the encomienda system, see this vol.,
145-52, and Hist. Cent. Am.,\. 262-4, this series.
518 THE NEW LAWS.

tory on condition that they should release their slaves.

Of what use to them, they replied, is an entire prov
ince, 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 hemi
sphere 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 re
main at court 2 until the new measures should be fully
discussed and determined. And his efforts were sup
ported by the eloquent and passionate arguments of
his friend, Cardinal Loaisa, then at the head of Indian
3
affairs.
A
royal junta composed of eminent jurists and
ecclesiasticswas held during the same year, for the
purpose of framing ordinances for the better govern
ment 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 the inquisition, founded by the Domini
when
cans, 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 uncon-
por ser nece-
5
By Cardinal Loaisa, president of the council of the Indies,
^lias sus luces y su asistencia en el despacho de ciertos negocios graves que
vtendian entonces en el consejo. Las Casas, in Quintana, Vidas, 179-80.
During the interval Las Casas had perfected, and in 1542 he presented to
3

ti?.e known work Breuissima relation de la destruycion de las

court his well
itidias. 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.
 INDIAN SLAVERY ABOLISHED. 519

ditional 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 reparti-
mientos opposed; and indeed Cortes, 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 con
sideration, 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 enforce
ment in New Spain were decreed. The new code re
ferred in a great measure to the treatment of the Ind
ians, particularly inregard 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 ren
dered 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
*
Cortts, Escritos Sueltos, 270-8. To make the natives obey the laws, more
Spaniards should reside in the country and means be provided for their sup
port; 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 Cort6s
goes on, recommending the judicious apportionment of Indians among the
conquerors and Spanish settlers.
520 THE NEW LAWS.

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 rela
tive 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 per
sonal 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,
5
The additional articles of June 4, 1543, relate mainly to the first con
querors or their descendants, living in New Spain without sufficient means of
support. They were to be preferred in public positions, or otherwise pro
vided 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 not 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 owner
ship 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. Kemesal, Herrera, Torque-
mada, and others give more or less extensive extracts.
 ABOLITION OF GOVERNORS. 521

holiness the pope, yearned for their welfare, and de

sired 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 Pan-
amd 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 Hon
duras. 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 the royal seal. In order to
insure a greater obedience of the law, and that the
natives might be fully apprised of their newly con
ceded 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.
6
This audiencia was, however, first established at Gracias a Dios. See
Hist. Cent. Am., ii. this series.
7
The oidores were to reside in the audiencia building and do no trading
whatever ; nor to engage in any agricultural pursuits, not even for their own
use; and the came prohibition extended to their unmarried sons and daughters.
Cloth, silk, 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 line of 1,000 ducats. Other
persons who dealt with them were to lose their property. The order was
reiterated by the king, June 18, 15C4. Memorial, Pacheco and Cdrdenas, 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,
522 THE NEW LAWS.

The important task of introducing the new regime

in New Spain was confided by the crown to Licen-
ciado 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, how
ever, it was decided
to trust in the loyalty and recog
nized 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 visita-
;

dor 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. In a 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 pov
erty 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

8
Besides the general instructions concerning the new laws, Tello de San
doval 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 shoiald 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, i. 138-9;
Puga, Cedulario, 94-8.
 ATTITUDE OF THE FRIARS. 523

possible the execution

of the new ordinances, and re
tain their encomiendas, the visitador landed at Vera
9
Cruz and reached the city of Mexico March 8, 1544.
On the morning of the third day a number of repre
sentative encomenderos, and a notary, presented them
selves with a petition praying for the non-publication
of the new code but they met with a severe repri
;

mand for their temerity in taking such a step before

the visitador had delivered his credentials to the audi-
encia. That same day Tello gave them a hearing, how
ever, and fearing evil consequences from sudden and
decisive action, quieted them with ambiguous promises.
Nevertheless, on the 1 3th, Tello presented the ordi
nances to the viceroy and the audiencia, and not
withstanding all the remonstrances on the part of
interested colonists, the new laws were published in
10
the city of Mexico, March 24, 1544. This unex
pected proceeding on the part of the authorities
caused much indignation among the encomenderos,
and a tumultuous demonstration, headed by the chief
11
proctor, 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 Zumdrraga. There, in a lengthy dis

course, 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 contin
uing the system of encomiendas, Tello was surprised
12
to find that they all sided with the encomenderos.
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 Stylo*, i. 139-iO.
19
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, fcazbalceta, Col. Doc., ii. 226-7;
reprint from the original certificate of the notary. Torquemada, i. G15, and
others give the publication on the 28th.
H 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 Pa-
dieco and Cardenas, Col. Doc., vii. 526^11.
524 THE NEW LAWS.

The reason readily understood.

is There were
many advantages to the church connected with the
encomienda system; besides, Bishop Zumdrraga 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
14
opposed to the liberation of the natives. 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 success
fully 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 pay-j
ment 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 de
prived of their native vassals. Under the circum
stances 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

13
Grijalva, Cr6n. S. August., 66, assumes que el senor Obispo Zumarraga
perdio 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 clergy "

men who come to these countries son mines 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, If el., m
Pacheco and Cardenas, Col. Doc., vi. 485-6.
 ZiRATE AND MARAVER. 525

crown in corregimientos suffered greatly from the

15
harshness of the corregidores.
Bishop Zdrate 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
16
audiencia.
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 law s prohibiting the enslav

r

ing 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
17
conquerors and settlers, a measure no less impolitic
than unjust.
Indeed, there were many among the clergy opposed

15
Where the encomenderos were said to be lenient in the collection of the
tribute, the corregixlores 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 Cardenas, Col.
Doc., vii. 535^2.
16
This could certainly have happened only in case where such alguacilea
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. Zdrate, Carta, in Pacheco and Cardenas, Col. Doc. t
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.
526 THE NEW LAWS.

to encomiendas, and in favor of the new laws, promi

nent among whom, it is claimed, was the provincial
Francisco de Soto. 18 Among the many representa
tions 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 Span
iards 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 com
mitted in obtaining possession of large tracts of the
20
best lands. 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 se

riously over the inconveniences which might attend

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 swal
lowed 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
Relation, in Pacheco and Cardenas, Col. Doc., vL 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 wo^ld pre
vent it. The decree forbidding the friars to own lands obtained from Indiana
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 own
ing any, as the crown supported them, and the Indians provided all their
wants. .Relation, in Pacheco and Cardenas, Col. Doc., vi. 170, 172-3.
 MENDOZA AND TELLO. 527

precipitous action. They were aware that many fami

lieswould be impoverished should the law be vigor
ously applied, and they decided to be lenient. To gain
time, the municipality was requested to send procura-
dores 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, Geronimo
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, 1545,22 the obnoxious
provisions in the code were revoked, notwithstand
ing the earnest protestations of Las Casas. The
encomenderos and Spanish settlers celebrated their
success with feasts and rejoicing, while the poor na
tives, in whose heart had arisen the hope of deliv
erance, 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,
21
Francisco de la Cruz, Francisco de Soto, and Francisco de San Roman.
Beaumont, Cr6n. Midi., iv. 502.
22
Auemos acordado a reuocar la dicha ley y dar sobre ello esta nra carta,
e la dicha razo: por la qual reuocamos y damos por niiiguna y de ningun valor
y efeto el dicho capitulo yley. Royal Cedula, in Puya, Cedulano, 100-1.
To give due force to and prevent any misinterpretation of this decree, it wag
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, i. 615, he granted them all
they asked. Cavo, Tres Sitjlos, 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 cedula of Dec. 1,
1544. Puya, Cedulario, 173.
528 THE NEW LAWS.

and in Peru, where Viceroy Vasco Nunez Vela would

not recede, they produced the great rebellion result
ing 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 con
vinced the monarch of the necessity of taking steps
for the relief of the natives; for soon after having
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."

Wo
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 de
priving them of their conquered spoil? Being so far
from the Indies, he might easily see and hear only
25
that which was to his interest. "A
good governor
23
For particulars of these events, see Hist. Cent. Am., ii., this series.
In a letter to Friar Antonio de Ciudad Rodrigo, whom he requested to
24

see that the laws were complied with, and to report any contravention. Tor-
qiiemada, iii.258.
25
Yo estoi tan lexos, que no puedo ver, ni entender, sino solo lo que me
dixeren. Torquemada, iii. 259.
 MORE EPIDEMICS. 529

I have in Mendoza," he used to say, a good Chris "

tian, 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
26
eight hundred thousand natives perished.
Mendoza, the royal officials, and the friars of the
different orders did their utmost to alleviate suffer
ing. 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
27
Bishop Zumdrraga.
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

26
The daily mortality in Tlascala was from 1,000 upward; in Cholula
sometimes 900, ordinarily from 400 to 700; in Guaxocingo and other places
the same in proportion. Betanzos, Carta, in Icazbalceta, Col. Doc., ii. 198-201.
27
Grijalva, Crdn. S. Augmt., 67-8, says five sixths of the native popula
tion 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 pesti
lence of 1542, which was a bleeding from the nose. An eruption of Popo
catepetl 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, Crdn. Mich., v. 55-6, 220; Mota Padilla, Conq. N. Gal, 156-7;
Ogfflrfs Am., 266-7; Cavo, Tres Siglos, i. 142-3; Mendieta, Hist. Ecles., 515;
Ddvila Padilla, Hist. Fvnd. Hex., 117-18.
HIST. MEX., VOL. II. 34
530 THE NEW LAWS.

other unaccustomed tasks, accompanied by continu

ous and persistent bad treatment, might easily accom
28
plish. 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 ecclesias
tical cabildo, which commanded the natives to
pay
tithes of cattle, grain, and silk. It becoming now
impossible to collect these tithes, and even the ordi
nary 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 judg
ment, 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 cata
logue 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 connec
tion 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 ac
cordance 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 pres
ent 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
28
For causes of decrease in the native population see Humboldt, Essai
Pol, i. 66 et seq. ; Arlegui, Chrdn. Zacatecas, 342; Pimentel, Mem. Sobre la
Maza Indigena, 97-188.
 REVIEW OF MENDOZA S RULE. 531

hating another just man and good officer. While it

was Mendoza policy to outwardly remain on a good
s

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 Zumarraga 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 him
self. 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 rev
enue, 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 procu-
radores of the encomenderos sojourned in Spain, the
members of the audiencia and other royal officials
29
Mendoza manifested his jealousy by complaining that Tello would vir
tually be governor of New Spain during the time he should take the residen-
dencia 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 resi-
dencia twice throughout the land, as if he were the lowest corregidor or
alcalde in the country. Mendoza, Carta, in Col. Doc. In6d., xxvi. 326, and Id. t
in Pacheco and Cdrdenas, 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 Cdrdenas, Col. Doc., xiii. 534-6. The Indians men
tioned were certainly not of New Galicia !

31
His letter of June 20, 1544, in Col. Doc. Intd., 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.
532 THE NEW LAWS.

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 CorteX that he
kept the Spaniards in such subjection and fear that
32
they dared not report the abuses he committed.
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 punish
ments 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

purifying presence in New Spain of the visita-

The
dor, the licenciado Tello de Sandoval, was undoubtedly
32
When in 1543 Cortds, 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 expedi
tions; selling of Indian towns; permitting venality of his servants; appropri
ating 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. Corte"s 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.
Cortts, 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
1 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 Lhem in this pitiable condition to their
lord, with a message to come to the Spaniards. Some days after this 12 Cai-
chimecs were placed before a cannon and torn to pieces; 23 were hanged, and
17 killed with darts. Acazitli, Rel, in Icazbalceta, Col Z>oc.,.ii. 316-17. All
this happened in the presence of the viceroy, and it appears somewhat like a
.sarcasm when we read of his * moderacion y humanidad in Zamacois, Hist.
Mej., v. 5.
 LAS CASAS IN MEXICO. 533

"beneficial. It was a comfort

to his master Charles to
know that hi s interests in that quarter were watched,
and that the official cruelties and robberies were not
greater than usual. Nevertheless, he had not accom
plished much, and yet it was time for him to return
to Spain. One more duty devolved upon him, how
ever, 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 as
sembled 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 pro
hibition 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

34
Cavo, Tres Siglos, i. 144; Icazbalceta, i. pp. xci.-ii. According ioRemesal,
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.
534 THE NEW LAWS.

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 eccle
siastics, not of the bishops, was held in the Domini
can 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. But
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.