The conquerors had found a champion in Doctor Juan Ginés Sepúlveda, who contended that it was lawful to make war on the natives and enslave them in order to promote their conversion and prevent human sacrifices. Las Casas presented thirty propositions in refutation of this view in which he maintained that over a nation whose only sin was idolatry no authority could be justly exercised save by peaceful conversion. Though this was clearly a condemnation of the policy of Spain in the New World, the sincerity of Las Casas and the justice of his cause prevented the king from taking offence at his boldness, and induced him to permit the unrestricted publication of his works while those of his opponent were forbidden to be printed. Henceforth he continued to be consulted on all questions of importance concerning the Indians, his time being devoted mainly to the writing of his history.

In 1555 Philip, who had lately ascended the throne, and was then in England, proposed to sell the right of the crown to the reversion of the encomiendas. Las Casas, ever on the alert, saw that this meant perpetual slavery, and determined to exert all his powers to prevent the measure. Through the king's confessor, who had written to him on the subject,[XIX‑22] he made a bold and earnest appeal to the royal conscience. The appeal was not in vain, and he thus paved the way for the final emancipation of the natives.

DEATH OF LAS CASAS.

His last service to the New World was his representation to the council of the Indies of the great inconvenience and prejudice caused to the settlers and natives of Guatemala by the removal to Panamá of the audiencia of the Confines. In 1569, partly owing to his influence, the audiencia was reëstablished in Guatemala. He did not live to see this accomplished, however, for falling ill at Madrid, he died in July 1566, in his ninety-second year. He was buried with becoming honors in the convent chapel of Our Lady of Atocha.

Judged by his works Las Casas was the greatest philanthropist of his age. Like all vigorous reformers, he was treated as a visionary by most of his contemporaries, a conclusion which they deemed warranted by the unflinching courage and tenacity with which he maintained his opinions. His compassion for the natives, and his abhorrence for their oppressors, were increased from year to year by his failure to alleviate their sufferings, until it had become the all-absorbing idea which colored his every act and word. In pursuit of this ambition no obstacle could intimidate him. To resolve was to act. He hesitated not in the advocacy of his cause to brave the anger of an emperor, or that of an excited populace, and for this cause he endured persecution, insult, loss of friends, the enmity of countrymen. It must be admitted that he was resentful, and even bitter against his opponents, and to this reason may also be attributed his frequent exaggeration, his misrepresentation, the readiness with which his judgment was biassed, his unfitness for dealing practically with the condition of affairs then existing in the New World. By his contemporaries he is accused of harshness, arrogance, uncharitableness, but it must not be forgotten that this was probably due to the intolerant religious and scholastic spirit of his times. The purity of his motives none can doubt, and while no defence can vindicate the name of his adversaries from the charge of injustice and cruelty, the errors of Bartolomé de Las Casas are forgotten, and his spirit of noble self-devotion and high-souled philanthropy will make him known to all posterity as one of the greatest benefactors of his race.

The establishment of the audiencia of the Confines and the attempted enforcement of the new laws produced the same excitement in Chiapas as in other territories, but the transfer of this province to the jurisdiction of the new audiencia caused no change in its local government. The alcalde mayor, however, still the chief authority, ruled with greater rigor, and by the appointment of deputies in all of the native towns greatly increased the burden of their inhabitants.[XIX‑23]

Through the solicitation of Las Casas, Diego Ramirez, of whom mention has been made in connection with the history of Mexico,[XIX‑24] was sent to investigate the alleged oppression of the natives and their opposition to their Dominican teachers. He appears to have been an upright judge, and favorable to the Indians, but even his efforts, supported as they were by various decrees in their favor, did not accomplish the desired object.[XIX‑25]

After the departure of Ramirez, matters relapsed into their former condition. Within less than a year, however, Cerrato having taken charge of the audiencia determined to remedy these abuses, declaring that the natives continued to be destroyed without pity, the previous official visits having accomplished nothing.[XIX‑26]

ANTONIO DE REMESAL.

Before the arrival of the Dominicans, little seems to have been done to improve the religious and social condition of the natives, except to baptize such as were encountered by the ecclesiastics in the principal towns, or during their journeyings from point to point. Indeed, if we are to believe Remesal, and in this instance we may certainly do so, the Indians were morally and religiously more degraded under Christian than under pagan domination. Idolatry was openly practised, and to their former vices were added those of the Spaniards, which their chiefs, now deprived in great part of their authority, were powerless to restrain. Little cared the encomendero for the souls or bodies of the Indians if the required tribute were but promptly paid. The labors of the Dominicans were of course interrupted by the persecution to which they were subjected because of their bold support of Las Casas. Alms were refused them, and their supplies soon becoming exhausted they abandoned their temporary convent and proceeded to the native town of Chiapas whence, having fixed upon this point as their base of operations, they gradually extended their labors over the province. The settlers placed in their way every obstacle that self-interest and ingenuity could devise, but the energy and devotion of the friars overcame all opposition, and when in 1549 Cerrato came to their support they had already established several convents including that of Ciudad Real, and had visited and carried their teaching to the remotest parts of the province.[XIX‑27]