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Show 446 LEADING FACTS OF NEW MEXICAN Not only the laws of the Indies, but the official declarations of the Holy Office, bear witness to this fact.*** A most eminent authority tells us that crimes committed with Indians were visited by this tribunal upon those who perpetrated them, but it never interfered nor was permitted to interfere in matters of faith or belief of the aborigines. Cases of witchcraft were disposed of by the civil or military authorities, as the case might be, for it was considered that an Indian could not be held responsible for his creed in the same degree as the European or his American offspring, and the principle of patience and leniency adopted in legislation also prevailed in religion.*®® 468 Bandelier, A. F., Investigations in the Southwest, Final Report, part i, p. 215, in a note says: ‘‘The great documentary historian of Mexico, Don Joaquin Garcia Yeazbaleeta, has called attention to this in his Bibliografid Mexicana del Siglo XVI, p. 377. He refers to the ecédula of Charles V of October 15, 1538, and to Law No. 35, tit. i. lib. vi of the Recopilacion de Indias. Here follows the text of this law (fol. 192, vol. ii.), ‘Por estar prohibido 4 los Inquisidores Apostolicos el proceder contra Indios, compete su castigo 4 los ordinarios Eclesidsticos, y deben ser obedecidos y cumplidos sus mandamientos, y contra los hechieros, que matan con hechizos y usan de otros maleficios pro cederén nuestras justicias reales.’ In confirmation see Carta Patente del Padre Custodio Fray Joseph Lopez Tello, communicando una Instruccion del Santo Tribunal de la Inquisicion, April 22, 1715, Ms. The instruction is issued by three inquisitors and the secretary: ‘Esto es porque los delitos Yudios no tocan al Sto Oricio, si los que en materia de f6 se cometen con ellos 6 Yndios.’ © 469 Bandelier, A. F., Ibid., p. 215-216. Mr. Bandelier says that the probibition to the Inquisition to meddle with Indian matters is due to Phillip II, and the cédula bears date February 23, 1575. It is in harmony with the ordinances of 1573. Ordenanzas para Descubrimientos, ete., p. 182: ‘Los Predicadores, con la mayor solenidad que podieren y con mucha earidad, les comiencen 4 persuadir, quieran entender las cosas de la Santa Fee catélica, y sedlas comien- cen 4 ensefiar con mucha SPANISH HISTORY prudencia y discrecion por el orden questa dicho en el libro primero, en el Titulo de la Santa Fee catélica, usando de los medios mas Suaves que podieren para los aficionar 4 que la quieran aprender; para lo cual no comenzardn reprehendiendoles sus vicios ni idolatrias, ni quiténdoles las mugeres ni sus idolos. Porque no se escandalizen ni tengan enemistad con la doctrina cristiana, sino ensefiénsele primero, y despues que esten instruidos en ella, les persuaden 4 que de su propria voluntad dexen aquello ques contrario i nuestra Sancta Fee catélica y doctrina evangélica.’’ This is so far as the idols are concerned an abrogation of decrees of Charles V, June 26, 1523, of the vain press, August 23, 1538, and of the king (then prince regent) himself, August 8, 1551. See Recopilacion, vol. i, fol. 2. ; ‘ Mr. Bandelier says that he had in his possession a number of witchcraft trials from New Mexico, beginning with 1704, and that all were conducted by the civil authorities of the province. The witchcraft trial at La Cafiada resulted in the condemnation of a who had been brought to trial. There are over 100 pages of testimony, ene the defendants were condemned to ‘‘become servants’’ of certain Spanish fam ilies. A detachment of troops was sent to Abiquiti to destroy relics of suppose idolatrous worship, including a stone with hieroglyphics, etc. RULE, 1700 TO 1822 447 The last of the New Mexico governors to hold the title of captaingeneral was Captain Pedro Fermin de Mendinueta, knight of Santiago, succeeding Governor DON PEDRO FERMIN DE MENDINUETA Cachupin in 1767. The only IS APPOINTED GOVERNOR event occurring during the first year of his rule was a great flood in the Rio Santa Fé, the course of the river being turned into the Rio Chiquito, now known as Water street. In the year 1771 a treaty with the Comanches was made and the governor, in announceing the treaty to the people of the province, urges the greatest care in treating the Indians strictly in conformity with the provisions of the contract. The governor desired the establishment of a new presidio at Taos, and a law which would require the settlers to live in compact pueblos like the Indians. He gave this advice for the reason that the force at Santa Fé was insufficient to protect so great an A new presidio area, apt to be raided by the Indians at any time. was established at Robledo, consisting of thirty soldiers from Santa Fé and a like number of citizen auxiliaries from the district of El Paso. It was intended to make secure as possible the highway from El Paso to the capital, and eventually to reéstablish the ruined pueblos of Seneet, Socorro, Alamillo, and Sevilleta. ‘‘The conquest or conversion of the Moquis,’’ says Mr. Bancroft, ‘‘was a matter still kept in view, though for about twenty years no practical efforts in that direction are recorded, down to 1774-6, when the project was revived in connection with the California expeditions In fact there was a great revival of interest so far from Sonora.’’ as the conversion of the Moquis was concerned. 1774 or 1775, visited Moqui, where Fr. Escalante, in he spent eight days in a vain effort to reach the Rio Grande de Cosinas beyond. He recommended that the Moquis should be reduced by force of arms and a presidio established at Oraibe.t7° Fr. Francisco Gareés, starting from a point on the Gila river, at its junction with the Colorado, followed up the latter stream into the Mohave the land of the Moquis. country, and thence marched east to He found the Moquis very inhospitable, and, after passing two nights in the court-yard, wrote a letter to the fraile at Zufi, and returned by way of the Mohave district to Bae. While at Moqui, 470 Escalante, Fr. Gareés visited Oraibe and one other pueblo, Carta de 1776 sobre Moqui, in N. Mea. Doe., Ms., 985-1013. |