As soon as the Spaniards had plundered the wealth accumulated by the Incas and the Aztecs in the semi-civilized empires of Mexico and Peru, they turned their attention to the government of the colonies which they saw springing up as if by enchantment. The allurements of gold and the enticements of a prolific soil, under delicious skies, had not yet ceased to inflame the ardent national fancy of Spain, so that an eager immigration escaped by every route to America. An almost regal and absolute power was vested by special grants from the king in the persons who were despatched from his court to found the first governments in the New World. But this authority was so abused by some of the ministerial agents that Charles V. took an early occasion to curb their power and diminish their original privileges. The Indians who had been divided with the lands among the conquerors by the slavish system of repartimientos, were declared to be the king's subjects. In 1537 the Pope issued a decree declaring the aborigines to be "really and truly men,"—"ipsos veros homines,"—who were capable of receiving the Christian faith.
The sovereign was ever regarded from the first as the direct fountain of all authority throughout Spanish America. All his provinces were governed as colonies and his word was their supreme law. In 1511, Ferdinand created a new governmental department for the control of his American subjects, denominated the Council of the Indies, but it was not fully organized until the reign of Charles the Fifth in 1524. The Recopilacion de las leyes de las Indias declared that this council should have supreme jurisdiction over all the Western Indies pertaining to the Spanish crown, which had been discovered, at that period, or which might thereafter be discovered;—that this jurisdiction should extend over all their interests and affairs; and, moreover, that the council, with the royal assent, should make all laws and ordinances, necessary for the welfare of those provinces. [19] This Council of the Indies consisted of a president, who was the king, four secretaries, and twenty-two counsellors, and the members were usually chosen from among those who had either been viceroys or held high stations abroad. It appointed all the officers employed in America in compliance with the nomination of the crown, and every one was responsible to it for his conduct. As soon as this political and legislative machine was created it began its scheme of law making for the colonies, not, however, upon principles of national right, but according to such dictates of expediency or profit as might accrue to the Spaniards. From time to time they were apprised of the wants of the colonists, but far separated as they were from the subject of their legislation, they naturally committed many errors in regard to a people with whom they had not the sympathy of a common country, and common social or industrial interests. They legislated either for abstractions or with the selfish view of working the colonies for the advantage of the Spanish crown rather than for the gradual and beautiful development of American capabilities. The mines of this continent first attracted the attention of Spain, and the prevailing principle of the scheme adopted in regard to them, was, that the mother country should produce the necessaries or luxuries of life for her colonial vassals, whilst they recompensed their parent with a bountiful revenue of gold and silver.
The bungling, blind, and often corrupt legislation of the Council of the Indies soon filled its records with masses of contradictory and useless laws, so that although there were many beneficent acts, designed especially for the comfort of the Indians, the administration of so confused a system became almost incompatible with justice. If the source of law was vicious its administration was not less impure. The principal courts of justice were the Audiencias reales, or Royal Audiences. In addition to the president,—who was the Viceroy, or Captain General,—the audiencia or court was composed of a regent, three judges, two fiscales or attorneys, (one for civil and the other for criminal cases) a reporter, and an alguazil, or constable. The members of these courts were appointed by the king himself, and, being almost without exception, natives of old Spain, they possessed but few sympathies for the colonists.
After the Royal Audiences, came the Cabildos whose members, consisting of regidores and other persons appointed by the king, and of two alcaldes annually elected by the regidores from among the people,—constituted a municipal body in almost every town or village of importance. These cabildos had no legislative jurisdiction, but superintended the execution of the laws within their districts and regulated all minor local matters. The office of regidor was a regular matter of bargain and sale; and, as the regidores subsequently elected the alcaldes, it will be seen that this admitted of great corruption, and tended to augment the direct oppression of the masses subjected to their jurisdiction. It was an instrument to increase the wealth and strengthen the tyrannical power of the rulers.
These ill regulated audiencias and cabildos, were, in themselves, capable of destroying all principles of just harmony, and were sufficient to corrupt the laws both in their enactment and administration. But all men were not equal before these tribunals. A system of fueros or privileges, opposed innumerable obstacles. These were the privileges of corporate bodies and of the professions; of the clergy, called public or common; and of the monks, canons, inquisitions, college, and universities; the privileges of persons employed in the royal revenue service; the general privileges of the military, which were extended also to the militia, and the especial privileges of the marines, of engineers, and of the artillery. An individual enjoying any of these privileges was elevated above the civil authority, and, whether as plaintiff or defendant, was subject only to the chief of the body to which he belonged, both in civil and criminal cases. So great a number of jurisdictions created an extricable labyrinth, which, by keeping up a ceaseless conflict between the chiefs in regard to the extent of their powers, stimulated each one to sustain his own authority at all hazards, and, with such resoluteness as to employ even force to gain his purpose. [20] Bribery, intrigue, delay, denial of justice, outrage, ruin, were the natural results of such a system of complicated irresponsibility; and consequently it is not singular to find even now in Mexico and South America large masses of people who are utterly ignorant of the true principles upon which justice should be administered or laws enacted for its immaculate protection. The manifesto of independence issued by the Buenos Ayrean Congress in 1816, declares that all public offices belong exclusively to the Spaniards; and although the Americans were equally entitled to them by the laws, they were appointed only in rare instances, and even then, not without satiating the cupidity of the court by enormous sums of money. Of one hundred and seventy viceroys who governed on this continent but four were Americans; and of six hundred and ten Captains General and Governors, all but fourteen were natives of old Spain! Thus it is evident that not only were the Spanish laws bad in their origin, but the administrative system under which they operated denied natives of America in almost all cases the possibility of self government.
The evil schemes of Spain did not stop, however, with the enactment of laws, or their administration. The precious metals had originally tempted her, as we have already seen, and she did not fail to build up a commercial system which was at once to bind the colonists forever to the mines, whilst it enriched and excited her industry at home in arts, manufactures, agriculture, and navigation. As the Atlantic rolled between the old world and the new, America was excluded from all easy or direct means of intercourse with other states of Europe, especially at a period when the naval power of Spain was important, and frequent wars made the navigation of foreign merchantmen or smugglers somewhat dangerous in the face of her cruisers. Spain therefore interdicted all commercial intercourse between her colonies and the rest of the world, thus maintaining a strict monopoly of trade in her own hands. All imports and exports were conveyed in Spanish bottoms, nor was any vessel permitted to sail for Vera Cruz or Porto Bello, her only two authorized American ports, except from Seville, until the year 1720, when the trade was removed to Cadiz as a more convenient outlet. It was not until the War of the Succession that the trade of Peru was opened, and, even then, only to the French. By the peace of Utrecht, in 1713, Great Britain with the asiento, or contract for the supply of slaves, obtained a direct participation in the American trade, by virtue of a permission granted her to send a vessel of five hundred tons annually to the fair at Porto Bello. This privilege ceased with the partial hostilities in 1737, but Spain found herself compelled, on the restoration of peace in 1739, to make some provision for meeting the additional demand which the comparatively free communication with Europe had created. Licenses were granted, with this view, to vessels called register-ships, which were chartered during the intervals between the usual periods for the departure of the galeons. In 1764, a further improvement was made by the establishment of monthly packets to Havana, Porto Rico and Buenos Ayres, which were allowed to carry out half cargoes of goods. This was followed in 1774, by the removal of the interdict upon the intercourse of the colonies with each other; and, this again, in 1778, under what is termed a decree of free trade, by which seven of the principal ports of the peninsula were allowed to carry on a direct intercourse with Buenos Ayres and the South Sea. [21] Up to the period when these civilized modifications of the original interdict were made, the colonists were forbidden to trade either with foreigners or with each other's states, under any pretext whatever. The penalty of disobedience and detection was death.
Having thus enacted that the sole vehicle of colonial commerce should be Spanish, the next effort of the paternal government was to make the things it conveyed Spanish also. As an adjunct in this system of imposition, the laws of the Indies prohibited the manufacture or cultivation in the colonies, of all those articles which could be manufactured or produced in Spain. Factories were therefore inhibited, and foreign articles were permitted to enter the viceroyalties, direct from Spain alone, where they were, of course, subjected to duty previous to re-exportation. But these foreign products were not allowed to be imported in unstinted quantities. Spain fixed both the amount and the price; so that by extorting, ultimately, from the purchaser, the government was a gainer in charges, profits and duties; whilst the merchants of Cadiz and Seville, who enjoyed the monopoly of trade, were enabled to affix any valuation they pleased to their commodities. The ingenuity of the Spaniards in contriving methods to exact the utmost farthing from their submissive colonists, is not a little remarkable. "They took advantage of the wants of the settlers, and were, at one time, sparing in their supplies, so that the price might be enhanced, whilst, at another, they sent goods of poor quality, at a rate much above their value, because it was known they must be purchased. It was a standing practice to despatch European commodities in such small quantities as to quicken the competition of purchasers and command an exorbitant profit. In the most flourishing period of the trade of Seville, the whole amount of shipping employed was less than twenty-eight thousand tons, and many of the vessels made no more than annual voyages. The evident motive on the part of the crown for limiting the supply was, that the same amount of revenue could be more easily levied, and collected with more certainty as well as despatch, on a small than on a large amount of goods." [22]
Whilst the commerce of Spain was thus burdened by enormous impositions, the colonies were of course cramped in all their energies. There could be no independent action of trade, manufacture, or even agriculture, under such a system.
America,—under the tropics and in the temperate regions, abounding in a prolific soil,—was not allowed to cultivate the grape or the olive, whilst, even some kinds of provisions which could easily have been produced on this continent were imported from Spain.
Such were some of the selfish and unnatural means by which the Council of the Indies,—whose laws have been styled, by some writers, beneficent—sought to drain America of her wealth, whilst they created a market for Spain. This was the external code of oppression; but the internal system of this continent, which was justified and enacted by the same council, was not less odious. Taxation, without representation or self government, was the foundation of our revolt; yet, the patient colonies of Spain were forced to bear it from the beginning of their career, so that the idea of freedom, either of opinion or of impost, never entered the minds of an American creole.