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)

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 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 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.

His denunciations of the judges described them as corrupt and venal, ready to wink at the scandalous abuses and the violations of the Spanish laws, which were daily perpetrated under their very eyes, consenting the while to fill their own pockets with a share of the illicit profits.

Describing the horrors and ravages of the slave-trade, he declared that the provinces of Guatemala and Nicaragua had been depopulated, while in the provinces of Jalisco, Yucatan, and Panuco, similar outrages had been perpetrated, adding that the Germans in Venezuela were even more adroit than the Spaniards in the nefarious art of raiding Indian villages to carry off the inhabitants into slavery. “Your Majesty will see that I do not exaggerate when I affirm that more than four million men have been reduced to slavery, all of which has been accomplished in defiance of your Majesty’s royal instructions.”

Throughout this treatise, Las Casas supports his contentions on citations from Scripture, and in the second article, dealing with the obligations of the King towards his Indian subjects, he defines in very plain language the sanctions on which the royal claims to obedience rest: “The law of God imposes on the king the obligation to administer his kingdoms in such wise that small and great, poor and rich, the weak and the powerful, shall all be treated with equal justice”;—such is his Statement of the King’s duty and he supports it with quotations from Deuteronomy, Leviticus, the prophet Isaias, and St. Jerome, concluding with these words: “In fact, history furnishes examples of God chastising the nations and kingdoms which have refused justice to the poor and the orphan. Who shall venture to say that such may not be the fate of Spain, if the King denies the poor Indians their just dues and fails to give them the liberty, to which they have an incontestable right?”

Nor does he limit the King’s responsibility to his personal acts in cases which may come directly to his knowledge; he is obliged also to see that his subjects observe one another’s rights and live according to the laws of civil order and public morality. The object for which society and rulers exist is to insure the common weal of all, and no sovereign can secure this, who does not base his government on the principles of virtue and justice. The Spanish king is therefore not only obliged to secure the liberty of the Indians because justice exacts this of him, but also because he is bound to prevent his Spanish subjects from acts of usurpation of the rights of others. Christian kings have greater duties than those which weigh upon heathen or heretical rulers, for they are bound to protect religion, favour its ministers, and spread the faith for the sanctification of the whole world. By securing liberty to the Indians, their conversion would be assured and, all causes of enmity and hatred against Spaniards being removed, the natives would eagerly welcome the missionaries and receive their teaching.

The third article of his argument, dealing with the conduct of bishops in America, rehearses their apostolic duties towards their flocks and concludes by defining it as an episcopal obligation to represent the sufferings and wrongs of their defenceless people to the King and the India Council, and to insist on Justice being done them.

It is a noteworthy fact that such writings and speeches seem to have given no offence to the Spanish monarch, at that time the most absolute sovereign in Christendom, and that, not only before the members of the India Council, but in the estimation of the impartial men of his times, Las Casas succeeded in disproving the charge of disputing the rights of the Spanish Crown to sovereignty in the Indies, which his enemies had maliciously sought to fasten upon him.

Charles V. had already conceded much to the venerable Bishop’s unceasing and energetic representations. A royal decree had abolished slavery, reduced very considerably the number of encomiendas, and had restricted the authority of the holders of these concessions over their Indians; the labours of the natives held in encomienda had been greatly lightened and their rights had been placed on a sure basis, strict instructions having been given to the civil authorities to correct abuses of power and to protect the weak. Wise laws and humane instructions had, however, at no time been wanting but the benevolent intentions of the Emperor were never adequately fulfilled by the Spanish colonial officials. Nevertheless, much had been accomplished and the condition of the Indians—those of them who survived—was very different in 1550, from that which prevailed when Las Casas took up their cause in 1510. Spaniards and Indians were equal before the common law of the land, the papal bull had defined, once for all, the moral status of the latter as responsible beings, and it was henceforth heresy to sustain the contrary. The supports on which those who had contended in favour of tightening the hold of the Spanish colonists on the natives had, one by one, been knocked from under them and the way was open for the more complete and practical application of the royal provisions for the protection of the oppressed peoples.

Prince Philip, to whom the Emperor had granted the sovereignty of Naples, Sicily, and Sardinia and who was already styled Philip II., left Spain on July 12, 1554, to celebrate his marriage with the English Queen, Mary Tudor. He took in his suite several renowned theologians, amongst whom was Carranza de Miranda, at that time his confessor and later raised to the primatial See of Toledo. The relations between Las Casas and this important ecclesiastic had been most cordial and the latter had given the weight of his approval on more than one occasion to the Bishop in his furious controversies; notably during his contest with Sepulveda and by defending his Confesionario. Carranza, in his quality of confessor, exercised a great influence over the mind of Philip II.

Philip II.

From a photograph of the original portrait by Pantoja in the Prado Museum. (by permission of J. Laurent & Co., Madrid)

At this time a movement was set on foot by the Spanish colonists in America to obtain from the Crown the establishment of the encomienda system in perpetuity. The movement was opportune, for Spanish finances were at a low ebb and the King, being hard pressed for ready money, might be tempted to yield his consent to this simple means tor raising the considerable sum the petitioners would gladly pay. This important question seemed likely to be submitted to Philip during his stay in England, where an agent of the colonists in Peru, Don Antonio Ribera, was ready to open negotiations. Las Casas, who was sleepless where the interests of his protégés were concerned, perceived how vitally their welfare was threatened by this nefarious scheme and vividly realised that Philip must be prevented, at all costs, from giving his decision during his absence from Spain.

It would seem from his letter to Carranza, begging him to use his influence with the King to defer judgment until his return, that the latter had applied to him for an opinion on the subject. The correspondence between the two extended over the several years of the King’s absence, but of the letters of Las Casas to Carranza, only the first one, written in 1555, has been preserved. Its language is no less vigorous than that which the Protector was accustomed to use when roused to the duties of his position.

After reviewing the history of the colonists’ relations with the Indians and recalling the solemn pledge given by Charles V. that his Indian subjects should never be enslaved, he vehemently threatens the King and his ministers with the eternal pains of hell if they break that royal engagement. In enumerating the obstacles opposed by the Spaniards to the conversion of the Indians, he writes:

“The third difficulty opposed to the conversion of the Indians is, that the system of oppression and cruelty followed in dealing with them, makes them curse the name of God and our holy religion: as the friars in Chiapa write me, nothing short of a miracle can make the Indians believe in Jesus Christ, when they see the execrable and manifest contradiction that exists between His gentle and beneficent doctrines and the conduct of the Christians, their enemies. What a scandal is it for them to see the faith preached by fifteen or twenty monks who are poor, despised, miserably clad, and reduced to begging their bread, while the crowd of so-called Christians living in opulence, arrayed in silks, mounted on their horses, inspires respect, submission, and fear everywhere, and acts in defiance of the law of God and the teachings of His ministers!”

The Bishop expresses the hope that Carranza will read any passage of his letter, or indeed the entire composition to the King, if he judges it wise. An analogous letter on the same subject, written shortly afterwards by Las Casas and Fray Domingo de Santo Tomas jointly, was addressed to Philip II. Victory crowned the Bishop’s efforts, for the royal decision, given after King Philip’s return to Spain, was adverse to making the encomiendas hereditary or perpetual.

Although he had chosen San Gregorio as his residence, Las Casas must have been frequently and for lengthy periods absent from Valladolid. A royal order dated from Toledo on the fourteenth of December, 1562, and signed by Philip II. directs that the Bishop of Chiapa, on account of his services to the late Emperor and of those he continues to render to the King, shall always be provided with lodgings suitable to his rank, in Toledo or wherever else in the Spanish realm the court may happen to reside. The attendance of Las Casas at court would seem, from this document, to have been frequent.

In 1563, the annual life pension of 200,000 maravedis granted him by Charles V. in 1555, was increased by Philip II. to the sum of 350,000 maravedis.

In the early months of 1564 Las Casas was in Madrid, lodged in the Convent of Our Lady of Atocha just outside the city walls. It was on the seventeenth of March of that year that he there formally delivered a sealed document, which he declared to be his signed will, in the presence of a notary, Gaspar Testa, and seven other witnesses.(74)

At the age of ninety he wrote his treatise in defence of the Peruvians, the last of his known compositions, and which was written, as is stated in its text, in 1564.(75) The style and arguments of this work are identical with those that characterised all his writings. The last negotiation in behalf of American interests that Las Casas undertook and saw to a successful finish, was to obtain the restoration of the Audiencia of the Confines, to Gracias á Dios, whence it had been recently transferred to Panama, thus leaving the whole of the former province with no superior tribunal for the administration of justice. This business called him from Valladolid to Madrid in the spring of 1566.

The life of the great Bishop was nearing its end. He had long outlived all his early contemporaries, he had enjoyed the confidence and respect of three of the most remarkable sovereigns, Ferdinand of Aragon, Charles V. and Philip II., all of whom had received his fearless admonitions, not only with docility, but had responded with cordial admiration. Cardinal Ximenez, Pope Adrian VI., the powerful Flemish favourites, the discoverers and conquerors from Columbus to Cortes and Pizarro, were all long since dead, and he had seen numbers of his most powerful enemies in disgrace and in their graves. The Spain on which he closed his aged eyes was a different country from that on which he had first, opened them; the colonial development in America, the Reformation in Germany, the rise of England—all these and a hundred events of minor but far-reaching importance, had changed the face of the world.

The illness which proved fatal to Las Casas overtook him in the convent of the Atocha in Madrid, and in the latter days of July, 1566, he died.(76) Only a few days before he breathed his last he wrote the following sentences, which were probably the last his prolific pen ever traced. They portray the character and aspirations of this great man more fully, perhaps, than any other of his multitudinous compositions.

“For the goodness and mercy of God chose to elect me as His minister, despite my want of merit, to strive and labour for the infinite peoples, the possessors and owners of those kingdoms of the countries we call the Indies, against the burdens, evils, and injuries such as were never seen or heard of, which we Spaniards brought upon them, contrary to all right and justice; and to restore them to their pristine liberty, of which they were unjustly despoiled; and to save them from the violent death which they still suffer, just as for the same cause, thousands of leagues of country have been depopulated, many in my own presence. I have laboured at the Court of the Castilian sovereigns, coming and going between the Indies and Spain many times during the fifty years since 1514, animated only by God and by compassion at beholding the destruction of such multitudes of rational, humble, most kind, and most simple men, all well adapted to accept our Holy Catholic Faith and moral doctrine, and to live honestly. God is witness that I have advanced no other reason. Hence I state my positive belief, for I believe the Holy Roman Church, which is the rule and measure of our faith, must and does hold that the Spaniards’ conduct towards those peoples, their robberies, murders, usurpations of the territories of the rightful kings and nobles and other infinite properties, which they accomplished with such accursed cruelties—has been contrary to the most strictly immaculate law of Jesus Christ and contrary to natural right. It has brought great infamy on the name of Jesus Christ and of the Christian religion, entirely hindering the spread of the faith and irreparably injuring the souls and bodies of those innocent peoples. I believe that because of these impious and ignominious acts, perpetrated unjustly, tyrannously, and barbarously upon them, God will visit His wrath and ire upon Spain for her share, great or small, in the blood-stained riches, obtained by theft and usurpation, accompanied by such slaughter and annihilation of those peoples, unless she does much penance.”

This last profession of the faith he had kept unfalteringly for more than half a century, was his own supreme vindication and a warning to his countrymen.

A great concourse of people assembled for the obsequies of the venerable Bishop, which were celebrated by the Superior of the Monastery, Fray Domingo de la Para, and his mortal remains, clothed in modest episcopal vestments, with a wooden crozier in his hand, were laid to rest in the Capilla Mayor of the church of Atocha. (77)

The remains of great men are frequently denied a permanent resting place anywhere, and the frequent translations of their bodies not uncommonly end in their final whereabouts becoming a matter of dispute. Records are lost, graves are disturbed, witnesses are untrustworthy, and it finally becomes impossible to ascertain the last resting place of some great personage, whose whereabouts during almost every hour of his life were a matter of public interest and notoriety. Thus it has happened with the remains of this illustrious Spaniard and holy Bishop. According to a statement made by Juan Antolines de Burgos in his manuscript history of the city of Valladolid, (78) the bones of Las Casas were afterwards removed from the Atocha and buried in San Gregorio. The college buildings were in part alienated, thus necessitating another removal of the body, which was then buried in the cloister where the remains of the monks commonly found sepulture. In 1670, Fray Gabriel de Cepedo dedicated a work entitled Historia de la milagrosa y Venerable Virgin de Atocha to Charles II., in which he contradicts the statement of Juan Antolines by affirming that Las Casas rested at that time in the church of Atocha. He does this as one referring to a commonly known and undisputed fact and his published statement has never been contradicted. The old church of Atocha no longer exists, having been demolished to make way for a new edifice, still in process of construction.

The will of Las Casas was opened on July 31, 1566, at the instance of Fray Juan Bautiste, Procurator of the College of San Gregorio in Valladolid, he being the executor. It was found that Las Casas had left all his manuscripts to the college.(79) He requested the rector to have his vast correspondence, consisting of letters and reports sent to him by friars, missionaries, and others throughout all America and covering a period of many years, chronologically arranged and collected in the form of a book, as these documents would illustrate and confirm the truth of all he had alleged against the Spaniards and in favour of the Indians. “Let them be placed,” he wrote, “in the college library ad perpetuam rei memoriam, for should God decree the destruction of Spain, it may be seen that it is because of our destruction of the Indies, and His justice may be made apparent.”