Prohibited from publishing his book in Spain, Sepulveda sent it to Rome where the censorship of the press was freer and where, in fact, the condemned dialogue was printed, together with the author"s _Apologia_ addressed to the Bishop of Segovia. An edition of the work was prepared in Spanish for the benefit of those who did not read Latin, but the Emperor forbade the entrance of the one and the other into Spain.
Las Casas took but the time necessary to master the propositions of Sepulveda, before he seized the cudgels in defence of his Indians. From this moment the controversy took another complexion. Sepulveda had so far crossed weapons with learned theologians, men of study rather than of action, who carried on the dispute along purely scholastic lines and according to the recognised rules governing debates between scholars.
His new adversary, who was the best informed man in the world on the special subject under dispute, transferred the debate from academic to practical ground, of every foot of which he was master. Though inferior in learning to the polished humanist, who affected to regard him as a furious fanatic whose crude Latin shocked his scholarly sensibilities, Las Casas was his match in fervid eloquence, overmatched him in the ardour of his feelings, and ended by pulverising him under the weight of facts he hurled upon him.
The controversy a.s.sumed such proportions that the Emperor, in the fashion of the times, ordered the India Council to a.s.semble in Valladolid in conjunction with certain theologians and scholars, to decide whether or no wars for conquest might be justly waged against the Indians. (71) Before this learned jury both Las Casas and Sepulveda were summoned to appear in 1550.
In the first session of the a.s.sembly, Sepulveda stated his propositions and expounded his defence of them, presenting, under four heads, his reasons why it was lawful to make war on the Indians:
1.1. Because of the gravity of their sins, particularly the practice of idolatry and other sins against nature.
2.2. Because of the rudeness of their heathen and barbarous natures, which oblige them to serve those of more elevated natures, such as the Spaniards possess.
3.3. For the spread of the faith; for their subjection renders its preaching easier and more persuasive.
4.4. On account of the harm they do to one another, killing men to sacrifice them and some, in order to eat them.
These reasons were defended by their author in an able discourse, in which all the resources of his vast learning and forensic ability were called into play.
Las Casas occupied five sessions in reading his _Historia Apologetica_, after which the a.s.sembly directed the Emperor"s confessor, Fray Domingo de Soto, to prepare a summary of the arguments of both parties, of which fourteen copies should be made for distribution to the members of the conference.
After the reading of Fray Domingo"s summary, which was drawn up with perfect impartiality and great clearness, Sepulveda presented twelve objections to the arguments of Las Casas, each of which he argued with great subtlety and erudition. The refutation of these twelve objections by Las Casas, closed this memorable controversy; in none of his writings is the character of the Protector of the Indians more fully revealed than in this final discourse before the conference at Valladolid. To give it in its entirety would occupy too much s.p.a.ce in this place, but the following translation of the speech with which he introduced his twelve answers, is worthy of our closest attention.
After the introductory phrases required by the etiquette of such debates he continued: "So enormous are the errors and scandalous propositions, contrary to all evangelical truth and to all Christianity that the Doctor Sepulveda has acc.u.mulated, set forth, and coloured with misguided zeal in the royal service, that no honest Christian would be surprised should we wish to combat him, not only with lengthy argument, but likewise as a mortal enemy of Christendom, an abettor of cruel tyrants, extirpator of the human race, and disseminator of fatal blindness throughout this realm of Spain. But the least we could do, having regard to the obligations imposed by the law of G.o.d, is to answer each point here presented, and this will complete his confusion."
From this vigorous opening, the Bishop went on to examine the nature of the Bull of donation and the intention of Alexander VI. in granting it.
He demonstrated the irrefutable fact that the Catholic sovereigns and the Pope were in absolute agreement, and that the clearness of the language of the Bull left no room for two interpretations. The better to ill.u.s.trate and drive home this argument, he cited articles from the last will of Queen Isabella, of which the following translation proves the truth of his contention:
"Forasmuch as when the islands and terra-firma discovered, or to be discovered, in the Ocean Sea, were granted to us by the Holy Apostolic See, our princ.i.p.al intention, when we asked the said concession from Pope Alexander VI. of happy memory, was to provide for attracting and winning to us the natives, and to convert them to our holy Catholic faith; and to send to the said islands and and terra-firma, prelates, religious, clerics, and other learned and G.o.d-fearing men, to instruct the inhabitants in the Catholic faith: and to use all necessary diligence in teaching them and in introducing good customs among them; all this according as may be more fully seen in the wording of the said concession.
I therefore very affectionately beseech my lord the King, and I charge and command the said Princess, my daughter, and the said Prince, her husband, that they shall execute and accomplish this, making it their princ.i.p.al object, and using the greatest diligence therein. They shall not consent, or furnish occasion that the Indian natives and inhabitants of the said islands and and terra-firma, sustain any injury, either in their persons or their belongings, but they shall rather order that they be well and justly treated. And if they [the Indians] have received any injury, they shall correct it and shall take measures to prevent what is conceded to and enjoined upon us by the wording of the said concession, from being exceeded."
Reviewing the conditions in the colonies, Las Casas described the richness of the soil and the vast resources of the Indies, declaring that what was wanted there, were industrious, honest, and frugal emigrants, who would develop the agricultural sources of wealth, instead of the horde of rapacious adventurers and dissolute soldiery then engaged in depopulating and ruining them. One by one he stripped Sepulveda"s propositions of their brilliant rhetoric, exposing the hollowness and sham beneath the specious reasoning, with which the latter sought to cloak his poverty of facts. Las Casas closed his case with the following brilliant and prophetic peroration:
"The injuries and loss which have befallen the Crown of Castile and Leon will be visited likewise on all Spain, because the tyranny wrought by their devastations, ma.s.sacres, and slaughters is so monstrous, that the blind may see it, the deaf hear it, and the dumb recount it, while after our brief existence, the wise shall judge and condemn it. I invoke all the hierarchies and choirs of angels, all the saints of the Celestial Court, all the inhabitants of the globe and especially those who may live after me, to witness that I free my conscience of all that has been done; and that I have fully exposed all these woes to his Majesty; and that if he abandons the government of the Indies to the tyranny of the Spaniards, they will all be lost and depopulated-as we see Hispaniola, and other islands and three thousand leagues of the continent dest.i.tute of inhabitants. For these reasons, G.o.d will punish Spain and all her people with inevitable severity. So may it be!"(72)
Language worthy of a saint and a statesman, in which there breathed the spirit of prophecy, for the system of government, once initiated by the Spanish officials, was persisted in till the end, while one by one the great possessions of Spain in the New World were torn from the mother country. In no land where freedom of speech was a recognised right, could an orator have used plainer language, and it shows both the Spanish civil and ecclesiastical authorities of that age in a somewhat unfamiliar light that Las Casas not only escaped perilous censures but even won a moral victory over his talented opponent. What would have become of the champion of such unpopular doctrines, attacking as he did the material interests of thousands of the greatest men in the land, had there been daily newspapers in those times, it is not difficult to imagine. Examples of the defenders of forlorn causes are not wanting in our own day, and the fate of those who lead an unpopular crusade is the pillory of the press, which spares no less than did the fires of the mediaeval stake.
The discovery and conquest of the American dominions brought ruin to Spain as a nation; beyond the tribute of glory which those early achievements yielded to the Spanish name, the results were disastrous to her power.
During centuries, much of the best blood of her prolific people was drained by the Americas, so that the population of the peninsula to-day is little more numerous than in the reign of Ferdinand and Isabella, whereas her territory and natural resources might maintain triple their number.
CHAPTER XXI. - SAN GREGORIO DE VALLADOLID. LAST LABOURS. THE DEATH OF LAS CASAS
Although the forensic encounter with Sepulveda was the most dramatic incident in the latter years of the life of Las Casas after his return to Spain, its conclusion was not followed either by his disappearance or by any diminution of his activity as Protector of the Indians. His habitual residence from that time on became the College of San Gregorio at Valladolid, where he had the companionship of his devoted friend Ladrada and the support of an important community of his Order. Fray Rodrigo, who also acted as confessor to his old friend, would seem to have been something of a wag, as it is related of him that when the Bishop had become somewhat deaf, the confessor might be heard admonishing his penitent: "Don"t you see, Bishop, that you will finish up in h.e.l.l because of your want of zeal in defending the Indians whom G.o.d has placed in your charge?"(73)
The royal India Council likewise sat in Valladolid, and this fact may possibly have influenced the indefatigable Bishop"s choice of that city for his residence. He had made repeated efforts to obtain from the Council some positive proclamation or declaration, affirming the freedom of the Indians as a natural and inalienable right, and at this time, he succeeded in moving that somewhat lethargic body to express a desire for more explicit information on this subject, before reaching a decision. In response to an order from the Council, Las Casas wrote his treatise ent.i.tled, _The Liberty of the Enslaved Indians_ (_De la libertad de los Indios que han sido reducidos a la esclavitud_) which, for greater convenience, he divided into three parts. The first part treated of the nullity of the t.i.tle on which such slavery was based; the second dealt with the duties of the Spanish sovereign towards the Indians, and the third was devoted to the obligations of the bishops of the American dioceses.
In none of his writings are the opinions of Las Casas on questions of the rights of man and the functions of government more lucidly set forth, and while many of the arguments on which he rested his propositions, and which were consonant with the prevalent spirit of his times, would not secure universal a.s.sent in our day, there is not one of the essential principles of his thesis, that has not since been recognised as inherently and indisputably just.
His treatise opened as follows:
"I propose in this article to demonstrate three propositions; first, that all the Indians who have been enslaved since the discovery of the New World, have been reduced to this sad condition without right or justice; second that the majority of Spaniards who hold Indian slaves do so in bad faith; and third, that this imputation is also applicable to such Spaniards as have not acquired their slaves by right of repartimiento but have obtained them from other Indians."
He combated the almost universally accepted theory that justifiable conquest conferred the right of enslaving the conquered, and he maintained that the most that might be exacted from a conquered people, even from those who had actively resisted, was recognition of the government established by the victorious party; taxes were justifiable and must be paid, and prisoners of war might be held until the close of hostilities, while extra burdens might be laid upon the country during the period of military occupation. Not one of these principles was at that time acted upon by any Christian power engaged in war with uncivilised nations, yet every one of them is now placed beyond dispute by the universally accepted principles of international law.
Wars unjustly undertaken, according to Las Casas, could confer no rights, because right is not founded upon injustice, and he defined war as unjust when undertaken without the sanction of legitimate authority, or even when ordered by legitimate authority, but without sufficient motive or provocation. This touched the question of the Indians very closely, for most of the Spanish invasions of the different islands and the countries of the mainland were begun without any authority from, or even the knowledge of the Spanish government. No Spanish sovereign ever authorised the invasion or conquest of any of the countries, on which their distant and self-styled representatives embarked, for motives of personal aggrandis.e.m.e.nt or in a pure spirit of adventure. Both Velasquez in Cuba and Cortes in Mexico were dest.i.tute of any royal authority for their undertakings, and only the splendour of their successes sufficed to condone their license, when they were able to confront the King with a profitable fait accompli. The royal instructions to all governors and representatives of the Spanish Crown were, on the contrary, filled with injunctions to treat the Indians humanely, to provide for their conversion and instruction by pacific means, and on no account to employ force save for self-defence.
Las Casas arraigned the conduct of all the colonial governors and officials, mercilessly attacking and exposing the various deceits and subterfuges, by means of which they evaded or overstepped their instructions, provoking the Indians by their inhuman cruelties to acts of resistance, in order to enslave them as rebels against the royal authority. He ill.u.s.trated his accusations with numerous incidents of which he had himself been a witness.
His denunciations of the judges described them as corrupt and venal, ready to wink at the scandalous abuses and the violations of the Spanish laws, which were daily perpetrated under their very eyes, consenting the while to fill their own pockets with a share of the illicit profits.
Describing the horrors and ravages of the slave-trade, he declared that the provinces of Guatemala and Nicaragua had been depopulated, while in the provinces of Jalisco, Yucatan, and Panuco, similar outrages had been perpetrated, adding that the Germans in Venezuela were even more adroit than the Spaniards in the nefarious art of raiding Indian villages to carry off the inhabitants into slavery. "Your Majesty will see that I do not exaggerate when I affirm that more than four million men have been reduced to slavery, all of which has been accomplished in defiance of your Majesty"s royal instructions."
Throughout this treatise, Las Casas supports his contentions on citations from Scripture, and in the second article, dealing with the obligations of the King towards his Indian subjects, he defines in very plain language the sanctions on which the royal claims to obedience rest: "The law of G.o.d imposes on the king the obligation to administer his kingdoms in such wise that small and great, poor and rich, the weak and the powerful, shall all be treated with equal justice";-such is his Statement of the King"s duty and he supports it with quotations from Deuteronomy, Leviticus, the prophet Isaias, and St. Jerome, concluding with these words: "In fact, history furnishes examples of G.o.d chastising the nations and kingdoms which have refused justice to the poor and the orphan. Who shall venture to say that such may not be the fate of Spain, if the King denies the poor Indians their just dues and fails to give them the liberty, to which they have an incontestable right?"
Nor does he limit the King"s responsibility to his personal acts in cases which may come directly to his knowledge; he is obliged also to see that his subjects observe one another"s rights and live according to the laws of civil order and public morality. The object for which society and rulers exist is to insure the common weal of all, and no sovereign can secure this, who does not base his government on the principles of virtue and justice. The Spanish king is therefore not only obliged to secure the liberty of the Indians because justice exacts this of him, but also because he is bound to prevent his Spanish subjects from acts of usurpation of the rights of others. Christian kings have greater duties than those which weigh upon heathen or heretical rulers, for they are bound to protect religion, favour its ministers, and spread the faith for the sanctification of the whole world. By securing liberty to the Indians, their conversion would be a.s.sured and, all causes of enmity and hatred against Spaniards being removed, the natives would eagerly welcome the missionaries and receive their teaching.
The third article of his argument, dealing with the conduct of bishops in America, rehea.r.s.es their apostolic duties towards their flocks and concludes by defining it as an episcopal obligation to represent the sufferings and wrongs of their defenceless people to the King and the India Council, and to insist on Justice being done them.
It is a noteworthy fact that such writings and speeches seem to have given no offence to the Spanish monarch, at that time the most absolute sovereign in Christendom, and that, not only before the members of the India Council, but in the estimation of the impartial men of his times, Las Casas succeeded in disproving the charge of disputing the rights of the Spanish Crown to sovereignty in the Indies, which his enemies had maliciously sought to fasten upon him.
Charles V. had already conceded much to the venerable Bishop"s unceasing and energetic representations. A royal decree had abolished slavery, reduced very considerably the number of encomiendas, and had restricted the authority of the holders of these concessions over their Indians; the labours of the natives held in encomienda had been greatly lightened and their rights had been placed on a sure basis, strict instructions having been given to the civil authorities to correct abuses of power and to protect the weak. Wise laws and humane instructions had, however, at no time been wanting but the benevolent intentions of the Emperor were never adequately fulfilled by the Spanish colonial officials. Nevertheless, much had been accomplished and the condition of the Indians-those of them who survived-was very different in 1550, from that which prevailed when Las Casas took up their cause in 1510. Spaniards and Indians were equal before the common law of the land, the papal bull had defined, once for all, the moral status of the latter as responsible beings, and it was henceforth heresy to sustain the contrary. The supports on which those who had contended in favour of tightening the hold of the Spanish colonists on the natives had, one by one, been knocked from under them and the way was open for the more complete and practical application of the royal provisions for the protection of the oppressed peoples.
Prince Philip, to whom the Emperor had granted the sovereignty of Naples, Sicily, and Sardinia and who was already styled Philip II., left Spain on July 12, 1554, to celebrate his marriage with the English Queen, Mary Tudor. He took in his suite several renowned theologians, amongst whom was Carranza de Miranda, at that time his confessor and later raised to the primatial See of Toledo. The relations between Las Casas and this important ecclesiastic had been most cordial and the latter had given the weight of his approval on more than one occasion to the Bishop in his furious controversies; notably during his contest with Sepulveda and by defending his _Confesionario_. Carranza, in his quality of confessor, exercised a great influence over the mind of Philip II.
[Ill.u.s.tration: Philip II.]
Philip II.
From a photograph of the original portrait by Pantoja in the Prado Museum.
(by permission of J. Laurent & Co., Madrid)
At this time a movement was set on foot by the Spanish colonists in America to obtain from the Crown the establishment of the encomienda system in perpetuity. The movement was opportune, for Spanish finances were at a low ebb and the King, being hard pressed for ready money, might be tempted to yield his consent to this simple means tor raising the considerable sum the pet.i.tioners would gladly pay. This important question seemed likely to be submitted to Philip during his stay in England, where an agent of the colonists in Peru, Don Antonio Ribera, was ready to open negotiations. Las Casas, who was sleepless where the interests of his proteges were concerned, perceived how vitally their welfare was threatened by this nefarious scheme and vividly realised that Philip must be prevented, at all costs, from giving his decision during his absence from Spain.
It would seem from his letter to Carranza, begging him to use his influence with the King to defer judgment until his return, that the latter had applied to him for an opinion on the subject. The correspondence between the two extended over the several years of the King"s absence, but of the letters of Las Casas to Carranza, only the first one, written in 1555, has been preserved. Its language is no less vigorous than that which the Protector was accustomed to use when roused to the duties of his position.
After reviewing the history of the colonists" relations with the Indians and recalling the solemn pledge given by Charles V. that his Indian subjects should never be enslaved, he vehemently threatens the King and his ministers with the eternal pains of h.e.l.l if they break that royal engagement. In enumerating the obstacles opposed by the Spaniards to the conversion of the Indians, he writes:
"The third difficulty opposed to the conversion of the Indians is, that the system of oppression and cruelty followed in dealing with them, makes them curse the name of G.o.d and our holy religion: as the friars in Chiapa write me, nothing short of a miracle can make the Indians believe in Jesus Christ, when they see the execrable and manifest contradiction that exists between His gentle and beneficent doctrines and the conduct of the Christians, their enemies. What a scandal is it for them to see the faith preached by fifteen or twenty monks who are poor, despised, miserably clad, and reduced to begging their bread, while the crowd of so-called Christians living in opulence, arrayed in silks, mounted on their horses, inspires respect, submission, and fear everywhere, and acts in defiance of the law of G.o.d and the teachings of His ministers!"
The Bishop expresses the hope that Carranza will read any pa.s.sage of his letter, or indeed the entire composition to the King, if he judges it wise. An a.n.a.logous letter on the same subject, written shortly afterwards by Las Casas and Fray Domingo de Santo Tomas jointly, was addressed to Philip II. Victory crowned the Bishop"s efforts, for the royal decision, given after King Philip"s return to Spain, was adverse to making the encomiendas hereditary or perpetual.
Although he had chosen San Gregorio as his residence, Las Casas must have been frequently and for lengthy periods absent from Valladolid. A royal order dated from Toledo on the fourteenth of December, 1562, and signed by Philip II. directs that the Bishop of Chiapa, on account of his services to the late Emperor and of those he continues to render to the King, shall always be provided with lodgings suitable to his rank, in Toledo or wherever else in the Spanish realm the court may happen to reside. The attendance of Las Casas at court would seem, from this doc.u.ment, to have been frequent.
In 1563, the annual life pension of 200,000 maravedis granted him by Charles V. in 1555, was increased by Philip II. to the sum of 350,000 maravedis.