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The Indians form the laft order of citizens.

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The Indians form the laft, and the moft depreffed order of men in the country, which belonged to their ancestors. I have alrealy traced the progrefs of the Spanish ideas with refpect to the condition and treatment of that people, and have mentioned the moft important of their more early regulations, concerning a matter of fo much confequence in the adminiftration of their new dominions. But fince the period to which Ihave brought down the hiftory of America, the information and experience acquired during two centuries, have enabled the court of Spain to make fuch improvements in this part of its American fyftem, that a fhort view of the prefent condition of the Indians may prove both curious and interesting.

Their prefent condition.

By the famous regulations of Charles V. in 1542, which have been fo often mentioned, the high pretenfions of the conquerors of the New World, who confidered its inhabitants as flaves, to whofe fervice they had acquired a full right of property, were finally abrogated. From that period, the Indians have been reputed freemen, and entitled to the privileges of fubjects. When admitted into this rank, it was deemed juft, that they fhould contribute towards the fupport and improvement of the

fociety which had adopted them as members. But as no confiderable benefit could be expected from the voluntary efforts of men unacquainted with regular industry, and averfe to labour, the court of Spain found it neceffary to fix and fecure, by proper regulations, what it thought reasonable to exact from them.

Tax imposed on them.

With this view, an annual tax was impofed upon every male, from the age of eighteen to fifty; and at the fame time, the nature as well as the extent of the fervices which they might be required to perform, were afcertained with precifion. This tribute varies in different provinces; but if we take that paid in New Spain as a medium, its annual amount is nearly. four fhillings a head; no exorbitant fum in countries where, as at the fource of wealth, the value of money is extremely low. o) The right of levying it likewife varies. In America, every Indian is either an immediate vaffal of the crown, or depends upon fome fubject to whom the diftrict, in which he refides', has been granted for a limited time, under the denomination of an encomienda. In the former cafe, about three fourths of the tax is paid into the royal treafury; in the latter, the fame proportion of it belongs to the holder of the grant. When Spain

o) See NOTE LI. Recopil. lib. vi. tit. v. l. 42. Hackluyt, vol. iii. p. 461.

only, p) revert

firft took poffeffion of America, the greater part of it was parcelled out among its conquerors, or those who first fettled there, and but a fmall portion reserved for the crown. As thofe grants which were made for two lives ed fucceffively to the fovereign, he had it in his power either to diffufe his favours by grants to new proprietors, or to augment his own revenue by valuable annexations. q) Of thefe, the latter has been frequently chofen; the number of Indians now depending immediately on the crown, is much greater than in the firft age after the conqueft, and this branch of the royal revenue continues to extend.

The fervices demanded.

The benefit arifing from the fervices of the Indians accrues either to the crown, or to the holder of the encomienda, according to the fame rule obferved in the payment of tribute. Those fervices however, which can now be legally exacted, are very different from the fervile tasks originally impofed upon the Indians. The nature of the work which they must perform is defined, and an equitable recompence is granted for their labour. The ftated fervices demanded of the Indians, may be divided into two bran

P) Recopil. lib. vi. tit. viii. 1. 48. Solorz. de Ind. jure, lib.

ii. c. 16.

q) See NOTE LII.

ches. They are either employed in works of primary neceffity, without which fociety cannot fubfift comfortably, or are compelled to labour in the mines, from which the Spanish colonies derive their chief value and importance. In confequence of the former, they are obliged to affift in the culture of maize, and other grain of neceffary consumption; in tending cattle; in erecting edifices of publick utility; in building bridges; and in forming high roads; r) but they cannot be conftrained to labour in raifing vines, olives, and fugar-canes, or any fpecies of cultivation, which has for its object the gratification of luxury, or commercial profit. s) In confequence of the latter, the Indians are compelled to undertake the more unpleasant task, of extracting ore from the bowels of the earth, and of refining it by fucceffive proceffes, no lefs unwholesome than operofe. t)

The mode of exacting thefe.

The mode of exacting both these fervices is the fame, and is under regulations framed with a view of rendering it as little oppreffive as poffible to the Indians. They are called out alternately in divifions, termed Mitas, and no perfon can be compelled to go but in his turn.

r) Recopil. lib. vi. tit. xiii. 1. 19. Solorz. de Ind. Jure, ii. lib. i. c. 6, 7. 9.

s) Recopil. lib. vi. tit. xiii. 1, 8. Solorz, lib. i. c. 7. No, 41, &c. 1) See NOTE LII

In Peru, the number called out muft not exceed the seventh part of the inhabitants in any district.u) In New Spain, where the Indians are more numerous, it is fixed at four in the hundred. w) During what time the labour of thofe Indians, who are employed in agriculture, continues, I have not been able to learn. x) But in Peru, each Mita, or divifion, deftined for the mines, remains there fix months; and while engaged in this service, a labourer never receives lefs than two fhillings a day, and often earns more than double that fum. y) No Indian, refiding at a greater diftance than thirty miles from a mine, is included in the Mita, or divifion employed in working it; z) nor are the inhabitants of the low country exposed to certain deftruction, by compelling them to remove from that warm climate, to the cold elevated regions where minerals abound. a)

How governed.

The Indians who live in the principal towns, are entirely fubject to the Spanish laws and magiftrates; but in their own villages, they are governed by Caziques, fome of whom are the defcendants of their ancient lords, others are

u) Recopil. lib. vi. tit. xii. 1. 21.

w) Recopil. lib. vi. 1. 22.

x) See NOTE LIV.

y) Ulloa Entreten, 265, 266.

z) Recopil. lib. vi. tit. xii. 1. 3.

a) Ibid. 1. 29. and tit. i, 1. 13. See NOTE LV.

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