It is true, there were good men, missionaries, faithful to their calling, who wrought hard in the spiritual conversion of the native, and who, touched by his misfortunes, would gladly have interposed their arm to shield him from his oppressors. *7 But too often the ecclesiastic became infected by the general spirit of licentiousness; and the religious fraternities, who led a life of easy indulgence on the lands cultivated by their Indian slaves, were apt to think less of the salvation of their souls than of profiting by the labor of their bodies. *8

[Footnote 7: Father Naharro notices twelve missionaries, some of his own order, whose zealous labors and miracles for the conversion of the Indians he deems worthy of comparison with those of the twelve Apostles of Christianity. It is a pity that history, while it has commemorated the names of so many persecutors of the poor heathen, should have omitted those of their benefactors.

"Tomo su divina Magestad por instrumento 12 solos religiosos pobres, descalzos i desconocidos, 5 del orden de la Merced, 4 de Predicadores, i 3 de San Francisco, obraron lo mismo que los 12 apostolos en la conversion de todo el universo mundo." Naharro, Relacion Sumaria, Ms.] [Footnote 8: "Todos los conventos de Dominicos i Mercenarios tienen repartimientos. Ninguno dellos ha dotrinado ni convertido un Indio. Procuran sacar dellos quanto pueden, trabajarles en grangerias; con esto i con otras limosnas enriquecen. Mal egemplo. Ademas convendra no pasen frailes sino precediendo diligente examen de vida i dotrina." (Relacion de las cosas que S. M. deve proveer para los reynos del Peru, embiada desde los Reyes a la Corte por el Licenciado Martel Santoyo, de quien va firmada en principios de 1542, Ms.) This statement of the licentiate shows a different side of the picture from that above quoted from Father Naharro. Yet they are not irreconcilable. Human nature has both its lights and its shadows.]

Yet still there were not wanting good and wise men in the colonies, who, from time to time, raised the voice of remonstrance against these abuses, and who carried their complaints to the foot of the throne. To the credit of the government, it must also be confessed, that it was solicitous to obtain such information as it could, both from its own officers, and from commissioners deputed expressly for the purpose, whose voluminous communications throw a flood of light on the internal condition of the country, and furnish the best materials for the historian. *9 But it was found much easier to get this information than to profit by it. [Footnote 9: I have several of these Memorials or Relaciones, as they are called, in my possession, drawn up by residents in answer to queries propounded by government. These queries, while their great object is to ascertain the nature of existing abuses, and to invite the suggestion of remedies, are often directed to the laws and usages of the ancient Incas. The responses, therefore, are of great value to the historical inquirer. The most important of these documents in my possession is that by Ondegardo, governor of Cuzco, covering near four hundred folio pages, once forming part of Lord Kingsborough's valuable collection. It is impossible to peruse those elaborate and conscientious reports without a deep conviction of the pains taken by the Crown to ascertain the nature of the abuses in the domestic government of the colonies, and their honest purpose to amend them. Unfortunately, in this laudable purpose they were not often seconded by the colonist themselves.]

In 1541, Charles the Fifth, who had been much occupied by the affairs of Germany, revisited his ancestral dominions, where his attention was imperatively called to the state of the colonies. Several memorials in relation to it were laid before him; but no one pressed the matter so strongly on the royal conscience as Las Casas, afterwards Bishop of Chiapa. This good ecclesiastic, whose long life had been devoted to those benevolent labors which gained him the honorable title of Protector of the Indians, had just completed his celebrated treatise on the Destruction of the Indies, the most remarkable record, probably, to be found, of human wickedness, but which, unfortunately, loses much of its effect from the credulity of the writer, and his obvious tendency to exaggerate. In 1542, Las Casas placed his manuscript in the hands of his royal master. That same year, a council was called at Valladolid, composed chiefly of jurists and theologians, to devise a system of laws for the regulation of the American colonies.

Las Casas appeared before this body, and made an elaborate argument, of which a part only has been given to the public. He there assumes, as a fundamental proposition, that the Indians were by the law of nature free; that, as vassals of the Crown, they had a right to its protection, and should be declared free from that time, without exception and for ever. *10 He sustains this proposition by a great variety of arguments, comprehending the substance of most that has been since urged in the same cause by the friends of humanity. He touches on the ground of expediency, showing, that, without the interference of government, the Indian race must be gradually exterminated by the systematic oppression of the Spaniards. In conclusion, he maintains, that, if the Indians, as it was pretended, would not labor unless compelled, the white man would still find it for his interest to cultivate the soil; and that if he should not be able to do so, that circumstance would give him no right over the Indian, since God does not allow evil that good may come of it. *11 - This lofty morality, it will be remembered, was from the lips of a Dominican, in the sixteenth century, one of the order that founded the Inquisition, and in the very country where the fiery tribunal was then in most active operation! *12

[Footnote 10: The perpetual emancipation of the Indians is urged in the most emphatic manner by another bishop, also a Dominican, but bearing certainly very little resemblance to Las Casas. Fray Valverde makes this one of the prominent topics in a communication, already cited, to the government, the general scope of which must be admitted to do more credit to his humanity than some of the passages recorded of him in history. - "A V. M. representaran alla los conquistadores muchos servicios, dandolos por causa para que los dexen servir de los indios como de esclavos: V. M. se los tiene mui bien pagados en los provechos que han avido desta tierra, y no los ha de pagar con hazer a sus vasallos esclavos." Carta de Valverde al Emperador, Ms.]

[Footnote 11: "La loi de Dieu detend de faire le mal pour qu'il en resulte du bien." Oeuvres de Las Casas, eveque de Chiapa, trad. par Llorente, (Paris, 1822,) tom. l. p. 251.]

[Footnote 12: It is a curious coincidence, that this argument of Las Casas should have been first published - in a translated form, indeed - by a secretary of the Inquisition, Llorente. The original still remains in Ms. It is singular that these volumes, containing the views of this great philanthropist on topics of such interest to humanity, should not have been more freely consulted, or at least cited, by those who have since trod in his footsteps. They are an arsenal from which many a serviceable weapon for the good cause might be borrowed.]

The arguments of Las Casas encountered all the opposition naturally to be expected from indifference, selfishness, and bigotry. They were also resisted by some persons of just and benevolent views in his audience, who, while they admitted the general correctness of his reasoning, and felt deep sympathy for the wrongs of the natives, yet doubted whether his scheme of reform was not fraught with greater evils than those it was intended to correct. For Las Casas was the uncompromising friend of freedom. He intrenched himself strongly on the ground of natural right; and, like some of the reformers of our own day, disdained to calculate the consequences of carrying out the principle to its full and unqualified extent. His earnest eloquence, instinct with the generous love of humanity, and fortified by a host of facts, which it was not easy to assail, prevailed over his auditors. The result of their deliberations was a code of ordinances, which, however, far from being limited to the wants of the natives, had particular reference to the European population, and the distractions of the country. It was of general application to all the American colonies. It will be necessary here only to point out some of the provisions having immediate reference to Peru.