178 Junta to be summoned. It was from Genoa,* and while the Emperor was engaged in inspecting his new conquests in Italy, that he wrote to his government in Spain, of which the Empress was the head, commanding that a great Junta should be formed, consisting of the Council of State, the Council of the Royal Revenues, and the Council of the Indies. The reports from New Spain, and the already numerous royal orders and laws which had been published in reference to the three great branches of Indian government, namely, the kind treatment, the liberty, and the conversion of the Indians (para el buen tratamiento, libertad í conversion de los Indios),† were to be laid formally before the council for them to decide upon the future legislation that would be necessary for the discharge of his majesty's conscience and the good government of those regions.' At some time about this period it is probable that the Council for the Indies asked the opinion of Cortez in the matters of Indian slavery and encomiendas ; for there exists a letter without date, written by Cor have been referred again immediately to the great councils of Spain? MUÑOZ observes of Herrera, " Generalmente Herrera no hizo mas que juntar retazos y extractos, á manera de quien dispone por el órden de los años y aun de los meses y dias las narraciones tomadas de todas partes, como materiales para escribir una historia. Fortuna que era hombre docto y juicioso; sino, fueran innumerables los errores de estas sus memorias, segun la precipitacion con que las ordenó."-Muñoz, Hist. del Nuevo-Mundo, Prólogo, p. 23. * "Vuestra Magestad desde Génova, vistas las causas í razones que de Nueva-Espana de Governador, Religiosos, í otras personas vinieron embió á mandar que nos juntasemos los del Consejo Real, í de la Hacienda, con el Presidente, í los del Consejo de Yndias."-Al EMPERADOR, el ARZOBISPO DE SANTIAGO, Presidente del Consejo Rea', í el CONDE (DE OSORNO), DON GARCIA MANRIQUE; de Madrid, 10 Diciembre, 1529. Coleccion de Muñoz, MS., tom. Ixxviii. + Coleccion de Muñoz, MS., tom. lxxviii. Cortez asked for his Opinion. 179 tez to the Emperor, in reference to the question before the Council of the Indies. Cortez discusses the whole subject with great brevity, force, and logical power. In order to secure the conquest, there must, he says, be a sufficient number of Spaniards in the newly-conquered land. These men must be supported. They can not be paid in money, and the next most convenient mode of payment will be by encomiendas. He then touches on the danger of depriving the Spaniards of their Indians, and suggests that the possession of these Indians tends to make the Spaniards root themselves in the new lands, whence will spring taxes and customs' duties for his majesty. He is therefore of opinion that the Indians should be given to the Spaniards. But the questions then remain, Who should give them? to whom should they be given? and how should they be given ?* To decide these difficult questions, he suggests a reference to the past history of the conquest in the Indies;† and, alluding to the ruin which had taken place in the West India islands, he desires that it should be investigated whether this mischief proceeded from the conquest or from the course of government afterward.‡ He suggests that no discovery or conquest should be attempted without the express license of the Emperor, and that certain qualifications should be required in the person who is to receive any such license. "Pero resta dezir lo que se á de dar, y á quien y cómo, que es donde pende todo.”—Autograph letter of CORTEZ to the Emperor, signed EL MARQUES DEL VALLE, in the possession of Mr. Henry Stevens, of Vermont, which, it is to be hoped, will soon be given to the world. + "Lo primero advertir ante todas cosas en saver qué es la que se tubo en las conquistas que se an hecho?"-Ut supra. "Saber si este daño proçedió de la conquista ó del proçeso de la governaçion ?"-Ut supra. 180 Result of the Junta's Deliberations. With regard to making slaves, his opinion is, that on no pretext should it be allowed in the course of conquest. But when countries have been conquered, if a rebellion should take place, he would then allow the captives to be made slaves. With regard to the slaves in Mexico, he thinks that many of them have been made slaves unjustly; but he would not approve of any investigation into this matter, on account of the difficulty. He would not, however, have their children. brought up as slaves. Such were the counsels of Cortez; but the Junta summoned by Charles came to a much more favorable conclusion respecting the Indians. The result of this great council's deliberations was communicated to the Emperor by the Archbishop of Santiago and Don Garcia Manrique, Conde de Osorno, in these words: "It has appeared to all of us that entire liberty should be given to the Indians, and that all the encomiendas which have been made of them should be taken away; and because it appears that to take them away at one stroke would produce inconvenience, and that the Spaniards might desert the land, that a moderate tribute should be fixed for the Indians to pay, and that the half of that tribute should be given for the first year to the encomenderos, and afterward your majesty will be able to give vassals to whosoever shall deserve it, reserving for yourself the head townships." The emphatic order on this subject is given in one word (Fiat), "Let it be done," which is placed after the paragraph quoted above of the report.* * "Ha parecido á todos que á los indios se debe dar entera libertad í quitarse todas las encomiendas que esten hechas dellos, í porque quitarse de golpe parece traeria inconvenientes í los Spañoles por esta Recommendations of the Junta. 181 Great credit must be given to the court of Spain and to the highest officers of that kingdom for the determination which had thus been come to. It was a determination which would have saved innumerable lives and preserved in good order large taxable communities, occupying the most fruitful parts of the earth. Indeed, if this decree had been abided by, it might have established the power of Charles the Fifth upon such a foundation as would have given Europe more real ground for dread than if that monarch had been uniformly successful in his contests with England, Germany, and France. Spain would then have been all that, for one or two generations, it was supposed to be. Protestantism would have had a much harder battle to fight, and the world might again have had to fear a universal empire. An unfailing supply of hardy soldiers from Spain and Germany-an abundant and continuous influx of revenue from the Indies-what might not have been expected from such a conjunction of resources? But as the danger was to proceed from good government of distant colonies, and wise internal administration (so seldom seen to be the true strength of states), the world might well have felt secure, even had it known of the salutary determination just adopted by the Great Junta of Spain in reference to the government of the Indies. causa podrian desamparar la tierra, que se señale un tributo moderado que paguen los indios, í la mitad deste, el primer año, se dé á las personas que agora los tienen encomendados, í despues podrá Vuestro Magestad dar Vasallos á quien lo mereciere, tomando para sí las cabezeras. (Fiat.)”—Coleccion de Muñoz, MS., tom. lxxviii. CHAPTER VI. THE SECOND AUDIENCIA ARRIVES IN MEXICO. PROCEED INGS OF THE AUDITORS. GREAT ERROR IN THEIR INSTRUCTIONS ABOUT ENCOMIENDAS. SEVERITY TOWARD THE COLONISTS. THE NUMBER OF ORPHANS IN NEW SPAIN. THAT HAT ever-recurring difficulty-to find a head and hand which should carry into execution good laws, appears to have been fully present to the minds of the royal councilors; for, in the same letter in which they announced their unanimous opinion to his majesty respecting the liberty of the Indians, they suggested that a bold and prudent" caballero," a man of good estate (hacendado), should be sent as president of the audiencia. The Conde de Oropesa was named, but he would not accept the office. Afterward the Mariscal de Fromesta, and Don Antonio de Mendoza, son of the Marqués de Mondejar, were applied to; but their demands were so exorbitant (tan desaforadas) that the council informed his majesty that their thoughts were turned to others.* It is not surprising that men of great name and station in Spain, who fulfilled the requisite conditions of being bold, prudent, and of large estate, should demand extraordinary powers and privileges before undertaking a charge which no one hitherto had come well out of. Lists have been made of the conquerors and governors in the New World, as of men all of whose careers were signalized by miserable or dis* Coleccion de Muñoz, MS., tom. lxxviii. |