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Show 110 LEADING FACTS OF NEW MEXICAN HISTORY THE ‘‘As soon as the chief alcalde became informed of our arrival, on the same night he came to where we were. He was deeply moved, 192, says: ‘‘Spanish justice was slow, but it was sure, and no official, however exalted his position, escaped the dreaded ‘ Residencia’ or the still more ‘Visita.’ On such occasions a functionary had his misdeeds chargeddangerous against him, and, if nobody else would accuse him of cruelty against the natives, there was surely some priest ready to drag him to trial for misconduct of that sort. It was not easy to escape regime. a Auren @ i ee |) & : ated. { for cruelty to Indians under Spanish y, and finally. measures asures fa , uals steadsar which, eae if properly on ee exhave responded to all the demands of humanity and statesmanship peng ‘ ; punishment ‘“The Spanish government recognized at an early day, not merely that the Indian was a human being, but that he was, after all, the chief resource which the New World presented to its new-comers. The tendency of Spanish legislation is therefore marked towards insuring the preservation and progress of the natives. The first great step in this direction was the promulgati on of the celebrated ‘New Laws and Ordinances for the governmen t of the Indies’ finally established in 1543, by which the aborigines were declared direct vassals of the crown. Stipulations in their favor, as, for instance, enfranchisement from personal servitude and from compulsory labor, became the subject of subsequent modifications and local changes, but the disposition first announced, that of Gere vassalage, remained a fixed dogma in Spanish American law. It may not be amiss here to glance at the great tude and labor. | The question was one of utmost question of Indian servivitality, for the obvious reason that upon its solution depended the future prosperity of the colonies. We must not forget that, as I have already Stated, Spain was a small nation that it had over-run a territory enormous in extent, extremely varied in resources as well as in natural] obstacles, and that Spanish immigration could in no manner suffice for the imperative demand for labor which the resources of the land preIn order to improve the Indies, the Indian must work, and work was as distasteful to him then as it is today. Furthermore, he had t b perform this bos work with implements ak imp] the mere material fal’ of lente of which wasfel to hee him ya Pp he pei t one source of mistrust and superstitious fear. The reluete hes ae of the native to work was, therefore, for reasons paramount on tan Spaniard, or to any other European ime. Ceandario, last ‘*In the oe Ofitachements . wi a \ cs é aot fies Isabella of Spain, see Vasco de Puga, pt Supplico al Rey mi senor muy marido, que ansi lo hagan cumplan : dicta i wa ‘ on pongan mucha diligencia, mevadoties no i Maha .de-Jag-di chet ytae vf: ae en ah ugar a Cait — ne areal & que los yndios fon vezinos= y agrauio alguno en sus personas y bienes ; tek ae paoeny rae eee tratados; y si algun agrauio han recibid 0, ] 10 remedien baton y preuan, betas por: a manera ee no se exceda cosa alon: que oe 2una lo que por las at pe es 1 nos es injungido y leashed? ‘*The concession refe of Pope Alexander orovid waa € e pretext then used# los naturesoe Pig i, The E i ae letras apostélicas de la dicha concesion wi fas: ree eooFoftHe theee 9th eNovember e 1526 Ib sr, 1526 (Ibi d), of New Spain should be enslaved without a sustains in presence of the governors and their officials. The ored obtaining slaves was: ‘Socolor que dicen que los tienen si6 por esclauos cautiados en pins.” las of guerras que han This decree was repeated in 1529 (p. 36). tenido ld y Stronger and praised God FIRST SPANISH for having EXPLORERS 111 delivered us in His great pity. He spoke to us and treated us very well, tendering us, in his name, and yet is the Cédula of January 10, 1528, reiterated on August 2, 1530 (pp. 230231). Severe punishment was enjoined against such as might illtreat the Further decrees for the protection Cédula of March 20, 1532 (p. 254). natives. of the Indians of New Spain are those of January i 1549, April 16, 1550, legislation on the treatconcerning statement A detailed August 28, 1552, ete. ment and personal service of the Indians is found in Juan de Solorzano-Pereyra, It would take too long to copy Politica Indiana, ed. of 1703, lib. ii, cap. 1-4. The famous decree of May 26, 1609, bears exclusively all he says on the subject. Francisco de Montemayor, See on the good treatment of the aborigines. Sumarios de las Cédulas, Ordenes y Provisiones Reales, 1678 (sum. 48, fol. 216), This decree authorized the employment of which contains the complete text. Indians in the mines, provided they were specially cared for and remunerated for the work they performed. The principle of remuneration of mining work was rather a local measure. The Indians attached to ‘‘Encomiendas’’ were compelled to labor in the mines in the early days. Mining was regarded as & public work, and as such the Indians were called upon to perform it, but every precaution was taken by the law for their welfare. Hospitals were required to be established for their special benefit. Still, in a long decree directed to the Condé de Villar (predecessor in the viceroyalty of New Castile, or Peru, to Don Francisco de Toledo), the king writes as follows: (Soloranzo, PoliticaIndiana, p. 76): ‘E porque aviendose platicado sobre este, he parecido, que sin embargo de lo proveido por cédulas antiguas; cerca de que no fuesen compellidos 4 este travajo contra su voluntad, se les podria mandar, que vayan 4 ellas lo haren de aqui adelante, no mudando templo de que se les siga dafio en la salud, 6 teniendo dotrina, 4 justicia que les ampare, 6 comida con que se sustenen é buena paga de sus jornales, y hospital donde se curen y sean bien tratados los que enfermaren.’ The expense of these arrangements was at the cost of the miner.’’ Bandelier, A. F., Ibid, says: ‘‘In regard to New Mexico, a very instructive case occurred in 1709. The viceroy of New Spain, having been secretly informed that the governor of New Mexico (at that time the Marques de la Pefiuela) was making liberal use of the personal services of the Indians for his own benefit, wrote at once to that functionary, enjoining him from further abuse of this sort, and threatening him with a fine of two thousand pesos, and damages to the Indians, in case of disobedience to the royal edicts on that point. See Fray Juan de la Pefia, Carta Patente, May 18, 1709 (Ms). It gives the order of the viceroy to the custodian of the Franciscans, in which the Duke of Alburquerque states: ‘Se despaché esta en este dia ordenando al Govr de aquellas partes y Provas qe pefia de dos mil pesos qe he aplicado 4 mi distribucion, demas de lo ge importaren los dafios ge se causaren 4 los Yndios se contengan y mando contener 4 los Maiores pa ge no executen hi hagan semejantes extorsiones.’? Another case occurred in 1784. A bitter strife prevailed between the governor, Juan Bautista de Anza, and the Franciscans, and the commander in chief at Arizpe had to intervene. He sent peremptory orders that all personal services of Indians to the governor and his lieutenants should cease. Fray Santiago Fernandez de Sierra, Memorial presentado al Senor Comandante General en Arizgpe (Ms. 1784).’’ Bandelier, A. F., Ibid, p. 194, says: ‘‘In New Mexico, there were no mines until after 1725, and compulsory labor on the part of the Indians even after that date was limited to service in the Missions, and, by abuse of authority, to personal attendance upon higher magistrates. The latter was time and again severely checked and strong penalties threatened the governor who ventured to |