'moft frivolous, retrenched his privileges, and encouraged the treasurer, the judges, and other fubordinate officers, to counteract his measures, and to difpute his authority. The moft valuable prerogative which the governor poffeffed, was that of diftributing Indians among the Spaniards fettled in the ifland. The rigorous fervitude of thofe unhappy men having been but little mitigated by all the regulations in their favour, the power of parcelling out fuch neceffary inftruments of labour at pleasure, fecured to the governor great influence in the colony. In order to ftrip him of this, Ferdinand created a new office, with the power of diftributing the Indians, and beftowed it upon Rodrigo Albuquerque, a relation of Zapata, his confidential minifter. Mortified with the injuftice, as well as indignity, of this invafion upon his rights, in a point fo effential, Don Diego could no longer remain in a place where his power and confequence were almost annihilated. He repaired to Spain with the vain hopes of obtaining redrefs. r) Albuquerque entered upon his office with all the rapacity of an indigent adventurer, impatient to amafs wealth. He began with taking the exact number of Indians in the island, and found, that from fixty thousand, who, in the year one thousand five hundred and eight, furvived after all their Yufferings, they were

) Herrera, dec. 1. lib. ix. c. 5. lib. x. c. 12.

These he

now reduced to fourteen thousand. threw into feparate divifions or lots, and beftowed them upon fuch as were willing to purchase them at the highest price. By this arbitrary diftribution, feveral of the natives were removed from their original habitations, many were taken from their ancient mafters, and all of them fubjected to heavier burdens, and to more intolerable labour, in order to reimburse their new proprietors. Thofe additional calamities completed the mifery, and haftened on the extinction, of this wretched and innocent race of men. s)

Controverfy with refpe&t to the treatment of the

Indians.

The violence of thefe proceedings, together with the fatal confequences which attended them, not only excited complaints among fuch as thought themfelves aggrieved, but touched the hearts of all who retained any fentiments of humanity. From the time that Ecclefiafticks were fent as inftructors into America, they perceived that the rigour with which their countrymen treated the natives, rendered their miniftry altogether fruitlefs. The miffionaries, in conformity to the mild spirit of that religion which they were employed to publish, early remonftrated against the maxims of the

s) Herrera, deo. I. lib. x. c. 12.

planters with respect to the Americans and condemned the repartimientos, or diftributions, by which they were given up as flaves to their conquerors, as no lefs contrary to natural juftice and the precepts of Christianity, than to found policy. The Dominicans, to whom the inftruction of the Americans was originally committed, were most vehement in testifying against the repartimientos. In the year one thousand five hundred and eleven, Montefino, one of their moft eminent preachers, inveighed against this practice in the great church at St. Domingo, with all the impetuofity of popular eloquence. Don Diego Columbus, the principal. officers of the colony, and all the laymen who had been his hearers, complained of the monk to his fuperiors; but they, instead of condemning, applauded his doctrine, as equally pious and feasonable. The Francifcans, influenced by the fpirit of oppofition and rivalfhip which fubfifts between the two orders, discovered fome inclination to take part with the laity, and to espouse the defence of the repartimientos. But as they could not with decency give their avowed approbation to a system of oppreffion, fo repugnant to the spirit of religion, they endeavoured to palliate what they could not juftify, and alleged, in excufe for the conduct of their countrymen, that it was impoffible to carry on any improvement in the colony, unless the Spaniards poffeffed

fuch dominion over the natives, that they could compel them to labour. t)

Contrary decifions concerning this point.

The Dominicans, regardless of such political and interefted confiderations, would not relax in any degree the rigour of their fentiments, and even refused to abfolve, or admit to the facraments, fuch of their countrymen as held the natives in fervitude. u) Both par

ties applied to the king for his decifion in a matter of fuch importance. Ferdinand empowered a committee of his privy-council, affifted by fome of the moft eminent civilians and divines in Spain, to hear the deputies fent from Hifpaniola, in fupport of their refpective opinions. After a long difcuffion, the fpeculative point in controverfy was determined in favour of the Dominicans, the Indians were declared to be a free people, intitled to all the natural rights of men; but, notwithstanding this de cifion, the repartimientos were continued upon their ancient footing. w) As this determination admitted the principle upon which the Dominicans founded their opinion, it was not calculated either to filence or to convince them.

t) Herrera, dec. 1. lib. viii. c. 11. Oviedo, lib. iii, c. 6. P. 97.

u) Oviedo, lib. iii. c. 6. p. 97.

w) Herrera, dec. 1. lib. viii. c. 12. lib. ix. c. 5.

At length, in order to quiet the colony, which was alarmed by their remonstrances and cenfures, Ferdinand iffued a decree of his privycouncil, (1513.) declaring, that after mature confideration of the Apoftolick Bull, and other titles by which the crown of Castile claimed á right to its poffeffions in the New World, the fervitude of the Indians was warranted both by the laws of God and of man; that unless they were fubjected to the dominion of the Spaniards, and compelled to refide under their inspection, it would be impoffible to reclaim them from idolatry, or to inftru&t them in the principles of the Chriftian faith; that no farther feruple ought to be entertained concerning the lawfulnefs of the repartimientos, as the king and council were willing to take the charge of that upon their own confciences; and that therefore the Dominicans, and monks of other religious orders, fhould abftain, for the future, from thofe invectives, which, from an excess of charitable, but ill informed zeal, they had uttered againft that practice. y)

That his intention of adhering to this decree might be fully understood, Ferdinand conferred new grants of Indians upon feveral of his courtiers. z) But, in order that he might not feem altogether inattentive to the rights of hu

y) Herrera, dec. 1. lib. ix. c. 14.

2) See NOTE XXV.