History of the Conquest of Mexico (Vol. 1-4). William Hickling Prescott
civilized, relates rather to the security of persons than of property.[65] The great crimes against society were all made capital. Even the murder of a slave was punished with death. Adulterers, as among the Jews, were stoned to death. Thieving, according to the degree of the offence, was punished by slavery or death. Yet the Mexicans could have been under no great apprehension of this crime, since the entrances to their dwellings were not secured by bolts or fastenings of any kind. It was a capital offence to remove the boundaries of another’s lands; to alter the established measures; and for a guardian not to be able to give a good account of his ward’s property. These regulations evince a regard for equity in dealings, and for private rights, which argues a considerable progress in civilization. Prodigals, who squandered their patrimony, were punished in like manner; a severe sentence, since the crime brought its adequate punishment along with it. Intemperance, which was the burden, moreover, of their religious homilies, was visited with the severest penalties; as if they had foreseen in it the consuming canker of their own as well as of the other Indian races in later times. It was punished in the young with death, and in older persons with loss of rank and confiscation of property. Yet a decent conviviality was not meant to be proscribed at their festivals, and they possessed the means of indulging it, in a mild fermented liquor, called pulque, which is still popular, not only with the Indian, but the European population of the country.[66]
The rites of marriage were celebrated with as much formality as in any Christian country; and the institution was held in such reverence that a tribunal was instituted for the sole purpose of determining questions relating to it. Divorces could not be obtained until authorized by a sentence of this court, after a patient hearing of the parties.
But the most remarkable part of the Aztec code was that relating to slavery. There were several descriptions of slaves: prisoners taken in war, who were almost always reserved for the dreadful doom of sacrifice; criminals, public debtors, persons who, from extreme poverty, voluntarily resigned their freedom, and children who were sold by their own parents. In the last instance, usually occasioned also by poverty, it was common for the parents, with the master’s consent, to substitute others of their children successively, as they grew up; thus distributing the burden as equally as possible among the different members of the family. The willingness of freemen to incur the penalties of this condition is explained by the mild form in which it existed. The contract of sale was executed in the presence of at least four witnesses. The services to be exacted were limited with great precision. The slave was allowed to have his own family, to hold property, and even other slaves. His children were free. No one could be born to slavery in Mexico;[67] an honorable distinction, not known, I believe, in any civilized community where slavery has been sanctioned.[68] Slaves were not sold by their masters, unless when these were driven to it by poverty. They were often liberated by them at their death, and sometimes, as there was no natural repugnance founded on difference of blood and race, were married to them. Yet a refractory or vicious slave might be led into the market, with a collar round his neck,[69] which intimated his bad character, and there be publicly sold, and, on a second sale, reserved for sacrifice.[70]
Such are some of the most striking features of the Aztec code, to which the Tezcucan bore great resemblance.[71] With some exceptions, it is stamped with the severity, the ferocity indeed, of a rude people, hardened by familiarity with scenes of blood, and relying on physical instead of moral means for the correction of evil.[72] Still, it evinces a profound respect for the great principles of morality, and as clear a perception of these principles as is to be found in the most cultivated nations.
The royal revenues were derived from various sources. The crown lands,[73] which appear to have been extensive, made their returns in kind. The places in the neighborhood of the capital were bound to supply workmen and materials for building the king’s palaces and keeping them in repair. They were also to furnish fuel, provisions, and whatever was necessary for his ordinary domestic expenditure, which was certainly on no stinted scale.[74] The principal cities, which had numerous villages and a large territory dependent on them, were distributed into districts, with each a share of the lands allotted to it, for its support. The inhabitants paid a stipulated part of the produce to the crown. The vassals of the great chiefs, also, paid a portion of their earnings into the public treasury; an arrangement not at all in the spirit of the feudal institutions.[75]
In addition to this tax on all the agricultural produce of the kingdom, there was another on its manufactures. The nature and the variety of the tributes will be best shown by an enumeration of some of the principal articles. These were cotton dresses, and mantles of feather-work exquisitely made; ornamented armor; vases and plates of gold; gold dust, bands and bracelets; crystal, gilt, and varnished jars and goblets; bells, arms, and utensils of copper; reams of paper; grain, fruits, copal, amber, cochineal, cacao, wild animals and birds, timber, lime, mats, etc.[76] In this curious medley of the most homely commodities and the elegant superfluities of luxury, it is singular that no mention should be made of silver, the great staple of the country in later times, and the use of which was certainly known to the Aztecs.[77]
Garrisons were established in the larger cities,—probably those at a distance and recently conquered,—to keep down revolt, and to enforce the payment of the tribute.[78][79] Tax-gatherers were also distributed throughout the kingdom, who were recognized by their official badges, and dreaded from the merciless rigor of their exactions. By a stern law, every defaulter was liable to be taken and sold as a slave. In the capital were spacious granaries and warehouses for the reception of the tributes. A receiver-general was quartered in the palace, who rendered in an exact account of the various contributions, and watched over the conduct of the inferior agents, in whom the least malversation was summarily punished. This functionary was furnished with a map of the whole empire, with a minute specification of the imposts assessed on every part of it. These imposts, moderate under the reigns of the early princes, became so burdensome under those at the close of the dynasty, being rendered still more oppressive by the manner of collection, that they bred disaffection throughout the land, and prepared the way for its conquest by the Spaniards.[80]
Communication was maintained with the remotest parts of the country by means of couriers. Post-houses were established on the great roads, about two leagues distant from each other. The courier, bearing his despatches in the form of a hieroglyphical painting, ran with them to the first station, where they were taken by another messenger and carried forward to the next, and so on till they reached the capital. These couriers, trained from childhood, travelled with incredible swiftness,—not four or five leagues an hour, as an old chronicler would make us believe, but with such speed that despatches were carried from one to two hundred miles a day.[81] Fresh fish was frequently served at Montezuma’s table in twenty-four hours from the time it had been taken in the Gulf of Mexico, two hundred miles from the capital. In this way intelligence of the movements of the royal armies was rapidly brought to court; and the dress of the courier, denoting by its color the nature of his tidings, spread joy or consternation in the towns through which he passed.[82]