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 hell because of your want of zeal in defending the Indians whom God has placed in your charge?”[73]

[pg 294] 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 entitled, The Liberty of the Enslaved Indians (De la libertad de los Indios que han sido reducidos à la esclavitud) which, for greater convenience, he divided into three parts. The first part treated of the nullity of the title 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 assent 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 [pg 296] 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 [pg 297] 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 aggrandisement or in a pure spirit of adventure. Both Velasquez in Cuba and Cortes in Mexico were destitute 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 illustrated his accusations with numerous incidents of which he had himself been a witness.