The United States and Latin America. John Holladay Latané
the course of time, however, the personnel of this council became merged with that of Castile, and for all practical purposes the colonies became dependencies of the Spanish nation.
There were from the first establishment of Spanish rule in America, two viceroyalties on the continent. The viceroy of New Spain ruled over Mexico and Central America, whilst all South America subject to Spanish control was for about two centuries under the viceroy of Peru. In regions too remote to be under his immediate control, audiencias, or courts of justice, were established, the president of the audiencia being known by the title of captain-general. Thus audiencias were established at Quito in 1542, at Charcas (in modern Bolivia) in 1559, in New Granada in 1564, in Chile in 1568, and later at Caracas and at Buenos Aires. In 1740, New Granada was raised to the rank of a viceroyalty, with its capital at Bogota; and in 1776 the same dignity was conferred on Buenos Aires. There were thus on the southern continent three viceroyalties widely separated: one on the Main, one on the Atlantic, and one on the Pacific.
The powers of the viceroy, or captain-general, as the case might be, were limited only by the audiencia, consisting of from three to five members, always of Spanish birth, whose functions were largely advisory, but who had the privilege of corresponding directly with the Council of the Indies, and who in case of emergency sometimes went so far as to depose the viceroy.
It should be borne in mind that in Spanish America the native Indian races were not driven beyond the frontier of civilization, as they were by the English settlers, but became, and remain to this day, an integral part of the population. There was thus in the Spanish colonies an unusual admixture of races. There were (1) European Spaniards; (2) Creoles, or children born in America of Spanish parents; (3) Indians, the indigenous race; (4) Negroes of African race; (5) Mestizos, children of whites and Indians; (6) Mulattoes, children of whites and negroes; and (7) Zambos, children of Indians and negroes.
The maladministration of Spain's colonies may be summarized under two heads: (1) acts of oppression against the native Indian race, and (2) regulations of a commercial and political character, which acted in restraint of the economic and social development of her own offspring in America.
Under the first head may be mentioned the mita, or forced labor in mines, farms, and factories, and the repartimiento, or encomienda, which was an allotment to Spaniards of territory including the native inhabitants as peons or vassals. In spite of humane restrictions placed by law upon them, these institutions degenerated into systems of fearful oppression, which led, in 1781, to the heroic but unsuccessful efforts of Tupac Amaru, the last of the Incas, to free the land of his fathers from the cruel rule of the Spaniard. So deep-seated was the dissatisfaction and so formidable the revolt, that it was not suppressed for more than two years. The unfortunate Inca and most of his family were cruelly put to death.
The economic and commercial restrictions imposed upon the colonies require fuller notice. The whole object of Spain's colonial policy was to extract gold and silver from America and to force Spanish manufactures and products upon that country. Commerce was confined to Spain and to Spanish vessels.
No South American could own a ship, nor could a cargo be consigned to him; no foreigner was allowed to reside in the country unless born in Spain; and no capital, not Spanish, was permitted in any shape to be employed in the colonies. Orders were given that no foreign vessel, on any pretence whatever, should touch at a South American port. Even ships in distress were not to be received with common hospitality, but were ordered to be seized as prizes, and the crews imprisoned.[1]
As late as 1816, when the United States protested against the blockade established by General Morillo, as contrary to international law, M. Onis, the Spanish minister, replied that the object of the blockade was to maintain the laws of the Indies, which during the Napoleonic wars had been somewhat relaxed, adding:
You are aware that, agreeably to those laws, no foreign vessel was allowed to trade with the dominions of his majesty on that continent without a special license, and that vessels found near or evidently shaping a course towards them were liable to confiscation as interlopers.
When, later in the year, a United States commissioner was sent to Cartagena to reclaim American vessels so seized, the Spanish viceroy gave him to understand that he did not pretend to be acquainted with the law of nations.[2]
Not only were the colonists prohibited from engaging in manufactures which interfered with those of Spain, but restrictions were even placed on agriculture in the interests of the Spanish producer. Thus the cultivation of flax, hemp, and saffron was forbidden under severe penalty; the cultivation of tobacco was not allowed; and grapes and olives could be raised only for table use, so that oil and wine had to be imported from Spain. Upon one occasion (in 1803) orders were sent "to root up all the vines in certain provinces, because the Cadiz merchants complained of a diminution in the consumption of Spanish wines."[3]
The carrying out of this commercial system in all its details was entrusted to the Casa de Contratacion, or House of Trade, which was located at Seville until 1717, when it was transferred to Cadiz. The India House, as it was called, was established by warrant of Queen Joanna in 1503.[4] To this house were to be brought all merchandise for the colonies and all products from them of whatever character. The colonial trade was thus limited to one Spanish port. The affairs of the house were in charge of three commissioners or judges, who had jurisdiction, civil and criminal, over all cases arising out of the trade with America. Their authority was subordinated to no other court or council but that of the Indies.
Not only were no foreigners allowed to go to the Spanish colonies, but careful restrictions were placed on the movement of Spaniards to and from America. In 1511 King Ferdinand had by a special order permitted all subjects of Spain without distinction to go over to the Indies upon entering their names at the India House; but in the years 1518, 1522, 1530, and 1539 several orders were passed "that no person reconciled, or newly converted to our holy Catholic faith, from Judaism or Mahometanism, nor the children of such, nor the children or grandsons of any that had worn the St. Andrew's Cross of the Inquisition, or been burnt or condemned as heretics, or for any heretical crime, either by male or female line, might go over to the Indies, upon pain of forfeiting all their goods, of an hundred lashes, perpetual banishment from the Indies, and their bodies to be at the king's disposition."[5]
The commissioners might "grant passes to merchants to go over, or return if they came from thence, including married merchants, provided they have leave from their wives, and give 1,000 ducats security to return within three years."[6]
There were also strict rules about passing from one province in America to another. This could not be done without special leave from the king.[7] "The inhabitants of the Indies may not come to Spain without leave from the viceroys, presidents or governors of the places of their habitation, in which they are to express the causes of their coming, and whether it is to stay here or return."[8] "In the Indies, the magistrates are directed to apprehend any persons they find are gone over without leave, to imprison them till they can send them back into Spain, upon pain of losing their employments."[9] In 1594 and 1602 it was decreed that persons going over without leave should be sent to the galleys for four years. In 1622 King Philip IV decreed that a person simply going aboard a ship bound for the Indies without leave should be immediately sent to the galleys for eight years.[10] Other decrees equally severe were issued from time to time.
In order to keep the trade strictly under control