THOMAS] FOREIGN POLICY TOWARD THE INDIANS 539 



THE SPANISH POLICY 



Although the cruelty of the Spaniards in their treatment of the 

 Indians during the conquest of Mexico and Central America is i^rover- 

 liial, yet an examination of the laws of .Spain and ordinances of the 

 King show that these acts were not only not warranted thereby, but in 

 direct contlict therewith. So early as 152'J, in the commission consti- 

 tuting Cortes captain-general of New Spain, he was directed to give 

 his principal care to the conversion of the Indians; that he should see 

 that no Indians be given to the Spaniards to serve them; that they 

 paid such tribute to His Majesty as they might easily afford, and that 

 there should be a good correspondence maintained between the Span- 

 iards and the Indians and no wrong offered to the latter either in their 

 goods, families, or persons. Bishop Don Sebastian Ilamirez, who was 

 acting governor under Cortes subsequent to his commission, earnestly 

 endeavored, be it said to his honor, to put into practice these humane 

 orders. We are informed by Antonio de Herrera' that he not only 

 abrogated the enslavement of any Indians whatsoever, but also took 

 care that none of them should be made to carry burdens about the 

 country, " looking upon it as a labor fit only for beasts." He was no 

 less exact in the execution of all the ordinances sent by the Council of 

 Spain for the ease, improvement, and conversion of the natives. " By 

 that means," adds the old historian, ''the Country was much improv'd 

 and all Things carried on with Equity, to the general Satisfaction of all 

 good Men." 



The laws enacted for the government of the " Kingdoms of the Indies " 

 were still more pointed in the same direction, and fully recognized the 

 rights of the Indians to their landed possessions. However, as will 

 become apparent from an examination of these, no claim by the natives 

 to unoccupied lands or uninhabited territory appears to have been rec- 

 ognized. Such territory was designated " waste lands," and formed 

 part of the royal domain. As evidence of this the following brief 

 extracts fi'om the RecopUacion de las Leyes de los Reynos de las Indias 

 are presented:' 



We decree and command, that the laws and good customs anciently in force in 

 the Indies, for their good government and police, and the usages and customs 

 observed and retained from the introduction of Christianity among them, which are 

 not repugpaut to our sacred religion, or to the laws contained in this book, and to 

 those which have been framed anew, be observed and fulfilled ; and it having become 

 ex)>edient to do so, we hereby approve and condrm them, reserving to ourselves the 

 power of adding thereto whatever we shall think lit and will appear to us necessary 

 for the service of (iod our Lord, and our own, and for the i)roteetion of, and Chris- 

 tian police among, the natives of those Provin( es, witliout jirejudice to established 

 usages among them, or to their good and wholesome customs and statutes. — Lib. II, 

 til. 1, law 4, vol. J. p. 218. 



It being our wish that the Indians be protected and well treated, and that they be 



' Hisloria General, den. nr, bk. 7, ch.ip. 3 (Stevens' translation). 



'From Laws, U. S. Treaties, etc., Respecting Public Lands, vol. n, 1836. 



