The visit fortunately passed off without any friction between the Spaniards and the followers of Don Juan, and at its close, Las Casas and Fray Rodrigo de Ladrada accompanied the cacique back to his country, intending to penetrate still farther into the interior of Coban where the natives were but little known to white men. Two caciques, whose names as Christians were Don Miguel and Don Pedro and whose tribes were near to Rabinal, rendered much help in carrying out this plan, and so well did everything promise, that the two friars would have remained in the countries of Tuzulatlan and Coban to prosecute their missionary labours, but for a summons from their companions in Guatemala recalling them thither in May of 1538.
The Bishop Marroquin, who had prompted the summons, assembled the community and explained that the urgent need of more clergy in his diocese had decided him to send some of them to Spain to induce other friars of their own and the Franciscan Order to come to his assistance. The choice of the envoy for this mission not unnaturally fell upon Las Casas, for he had often made the journey, was well acquainted in Spain, where he had many and powerful friends, and was well versed in the ways of the court. Fray Rodrigo went as his companion, and before quitting Guatemala, he went to take leave of the cacique Don Juan, who was much dejected at the departure of his friends.
The two travellers repaired first to Mexico, where [pg 203] a chapter of the Dominican Order was held on August 24, 1539, in which Pedro de Angulo was named prior of the convent in Guatemala, and Fray Luis Cancer was designated to accompany Las Casas and Ladrada to Spain. During his stay in Mexico, Las Casas saw the Viceroy, Don Antonio de Mendoza, who was inclined to share the view that humane treatment of the natives promised better results than violence, and willingly combined with him for several peaceful missions to distant provinces in the north-west of Mexico.
Charles V. was absent from Madrid when Las Casas and his companions arrived but the former was welcomed by many old friends and set about his business with the activity and perspicacity which marked his treatment of affairs. Since the death of the Bishop of Burgos, another and a better spirit breathed in the Council, and there was a more sincere and consistent effort to give full effect to the royal decrees in favour of the Indians. To this, the Bull of Paul III. had doubtless in no small measure contributed, for it was obviously impossible after such an authoritative pronouncement to continue along the old lines, treating the natives like chattels and affecting to deny them souls. The Council accorded a number of beneficial provisions in response to Las Casas's representations. The pact entered into with the Governor, which guaranteed the independence of the cacique of Tuzulatlan and his people, was ratified by the Council, and letters were written in the King's name to several of the converted caciques; one of these new provisions ordered that the Indians should [pg 204] be taught music and that musical instruments should be furnished them from Spain. Fray Bartholomew was equally successful in finding a number of friars for the diocese of Guatemala, and on January 21, 1541, Fray Luis Cancer sailed with a number of Franciscans on the return journey. Las Casas and the Dominicans remained behind by command of Cardinal Loaysa, who intimated that the former's presence would be necessary later, for important matters, of which he would learn in due time. Before the departure of the Franciscans, the royal orders concerning the welfare of the Indians were proclaimed from the steps of the Cathedral of Seville in the presence of a large concourse of people.
Cardinal Loaysa, who occupied the metropolitan see of Seville, contemplated making important changes in the code of laws that governed the Indies, and his desire to consult Las Casas before framing his new system rendered it necessary that the latter should remain in Spain. In the following year, 1542, the Nuevas Leyes, or New Laws, as they were termed, were drawn up, and although there is no direct evidence to prove that they were drafted by Las Casas, there is little doubt that many of their most salutary articles were due to his influence and suggestions. The usual method of assembling councils composed of theologians, canonists, lawyers, and men who had had much experience in the colonies, was likewise followed at this time, and in their meetings the several questions concerning the system of government best adapted to the Indians, the most promising means for converting and civilizing them, [pg 205] and the measures required to correct and eliminate the abuses under which they suffered, were exhaustively discussed. The verbal debates were supplemented by the presentation of facts and arguments in support of different theories, drawn up in writing. In a council held by the Emperor's command at Valladolid in 1542, Las Casas presented one such lengthy memorial, in which he enumerated the different remedies which he maintained were indispensable if his Majesty would provide for the relief of his Indian vassals. The number of the remedies proposed in this document is given by Las Casas himself as sixteen, but of these only the eighth is known to be in existence. Probably it contained the substance of his thesis, which, like most papers of the time, must have been very wordy and discursive. The eighth remedy was afterwards published at Seville in 1552 with twenty reasons in support of it.
Las Casas's habitual activity was in no way diminished, and he exercised as great energy in winning adherents to his cause as he did foresight in combating opposition to it. Copies of his memorial were distributed to all the important men whose opinions might influence the tenor of the new laws and the spirit of their application, including the members of the council in Valladolid, especially Cardinal Loaysa, who was President of the India Council, Don Ramirez de Fuenleal, who had been transferred from the presidency of the audiencia of Mexico to the bishopric of Cuenca, Don Juan de Zuñiga, Grand Commander of Castile, the Secretary, Francisco de [pg 206] los Cobos, and all the others who had been appointed to act as judges in this affair. These men held meetings in the house of Pedro Gonzalez de Leon and the outcome of their deliberations was the formation of the famous code of Nuevas Leyes.
Several of the articles of this code might have been drafted word for word by Las Casas himself so entirely do they bear the impress of his opinions:
“Item. We ordain and command that from now and henceforth no Indian may be enslaved because he has fought, nor for any other reason, whether because of rebellion, or for purposes of ransom, nor in any other way, and we desire that they shall be treated as our vassals of the Crown of Castile, for such they are.”
“No one may press the Indians into service by way of naboria or tapia[51] nor in any other manner against their will. And since we have ordered that from henceforth the Indians shall not be made slaves, we likewise ordain and command that in the case of such as have been heretofore enslaved contrary to right and justice, the Audiencias shall summon the parties, and without process of law, but promptly and briefly upon the truth being known, shall liberate them. Nor may the Indians be unjustly enslaved in default of persons to solicit the aforesaid [procedure]; we command that the Audiencia shall appoint persons who may pursue this cause for the Indians and that such persons shall be conscientious and diligent men and shall be paid out of the fines of the Exchequer.”
[pg 207] Neither the spirit nor the provisions of these laws differ from those of the various ordinances and cedulas which the Spanish sovereigns from the reign of Isabella the Catholic had from time to time promulgated. So true is the saying of Dr. Johnson that wisdom may make laws but it requires virtue to execute them. The Spanish sovereigns were more humane than their subjects, but the latter were ready with expedients for evading laws whose execution would have hindered their avaricious undertakings in the distant colonies, while venal officials lent their connivance to these violations, instead of administering the laws in the spirit in which their authors had conceived them. The statute books of the worst despotisms are adorned with the wisest and most liberal ordinances. From the iradés of the Ottoman Sultans and ukases of the Russian Tsars, those empires might be easily shown to possess ideal systems of government, under whose enlightened and beneficent sway happy and prosperous peoples have enjoyed the delights of religious and political liberty.