THOMAS] SPANISH POLICY TOWARD THE INDIANS 541 



ordinances, in procuring such illegal coutnicts to be auniiUeil. And we command 

 tlie Viceroys, Presidents, and Audiences to grant tlieni their assistance! for its entire 

 execution.— iift. IF, tit. li, law 17, vol. II, p. 43. 



We conimand that the sale, grant, and composition of lands lid executed with such 

 attention, that the Indians shall be left in ixissessiim of the full amount of lands 

 Ireloiiging to them, either singly or in communities, together with their rivers and 

 waters; and the lands which they shall have drained or otherwise improved, whereby 

 they may, by their own industry, have rendered them fertile, are reserved in the (irst 

 place, anil can in no case be sold or aliened. And the Judges who shall have been 

 sent thither, shall specil'y what Indians they may have found on the land, and what 

 lauds they shall have left in possession of each of the elders of tribes, cacii[ues, 

 governors, or couimnuities. — Lib. IV. til. 1.!, law V [W], vol. II, p. 44. 



No one shall be admitted to make composition of lands who shall not have been 

 in possession thereof for the term of ten years, although he should state that he 

 is in possession at the time; for such circumstance by itself is not sufficient; and 

 communities of Indians shall be admitted to make such compositions in preference 

 to other private individuals, giving them all facilities for that purpose. — Lib. II', 

 tit. 12, law 19, vol. II, p. 44. 



Whereas the Indians wonid sooner and more willingly be reduced into settle- 

 ments, if they were allowed to retaiu the lands and improvements which they may 

 possess in the districts from which they shall remove; we command that no altera- 

 tion be made therein, and that the same be left to them to be owned as before, in 

 order that they may continue to cultivate them and to dispose of their produce. — 

 Lib. ri, tit. 3, law 9, vol. II, p. 309. 



According to the royal ordinauce given at San Lorenzo el l^eal, 

 October 15, 1754, it was decreed that, "The Judges and Officers, to 

 whom jurisdiction for the sale and composition of the royal lands 

 [re(ileiigo!<\ may be sub-delegated, shall proceed with mildness, gentle- 

 ness, and moderation, with verbal and not judicial proceedings, in the 

 case of those lands which the Indians shall have possessed, and of 

 others when required, especially for their labor, tillage, and tending of 

 cattle." 



It appears, however, that the kSpaiiish government never accepted 

 the idea that the Indians had a possessory right to the whole territory, 

 but only to so much as they actually occupied, or that was necessary 

 for their use. Tliis policy toward the natives seems to be indicated 

 by the following extract: 



Whereas we have fully inherited the dominion of the Indies; and whereas the 

 waste lands and soil which were not granted by the Kings, our jiredecessors, or by 

 ourselves, in our name, belong to onr patrimony and royal crown, it is expedient 

 that all the land which is held without just and true titles be restored, as belonging 

 to us, in order that we may retain, before all things all the lands which may appuar 

 to ns and to our Viceroys, Audiences, and Governors, to be necessary for public 

 S(|uares, liberties, [ejirios,] reservations, [propios,'] pastures, and commons, to be 

 granted to the villages and councils already settled, with due regard as well to their 

 jireseut condition as to their future state, and to the increase they may receive, 

 and after distributing among the Indians whatever they may justly want to culti- 

 vate, sow, and raise cattle, contirming to them what they now hold, and granting 

 what they may want besides — all the remaining land may be reserved to us, clear 

 of any incumbrance, for the purpose of being given as rewards, or disposed of 

 according to our pleasure. — Lib. IV, lit. 12, law 14, col. II, p. 42. 



