CHAPTER XIII

Bartholomew Ortiz was at last, on his earnest entreaty, relieved of his

duties as alcalde mayor in the fall of 1542, and for some time the

insular government was again without a head. But in August, 1543, since

nothing had been heard from or of de Soto for three years, the crown

assumed that he was dead and that his office was vacant. It therefore

appointed Juan de Avila to be not alcalde mayor but governor; permitting

the title of Adelantado of Florida to fall into desuetude. The new

governor was a young lawyer, whose chief recommendation was that he was

a member of the de Avila family, a relative of Lady Isabel de Soto and

of her father, the formidable Pedrarias d'Avila. He seems to have been

doubtful of his own ability to administer the office successfully, and

therefore reluctant to assume its duties. However, he finally came to

Cuba, arriving at Santiago at the beginning of February, 1544, nearly

six months after his appointment. He was, of course, regularly appointed

and commissioned by the crown, with the full powers of governor, and for

those reasons he was received at Santiago with grateful rejoicings. The

people of that city and indeed of all Cuba had become tired of having an

absentee governor and an alcalde mayor in his place.

Juan de Avila's first official act of importance was to make the usual

examination of his predecessor's affairs. This was a slight task,

because of the short time in which de Soto had actually administered the

governorship, and nothing wrong appears to have been found. The affairs

of all other officials were likewise in good order. He then turned his

attention to the question of the Indians; after which, the deluge.

The royal government had for the time acquiesced in the ruthless policy

of de Soto. At least it had not vetoed nor opposed it. But now it had

reconsidered the matter, and had resumed its former and better policy,

of treating the natives justly and kindly, and giving them their

freedom. Perhaps it was moved to do this partly through horror at what

Pedrarias d'Avila had done at Darien, in all but exterminating an entire

race, and was minded to make atonement by requiring the young kinsman of

that "Timour of the Indies" to do the opposite in Cuba. At any rate

orders were sent to Cuba that there should be no more enslavement of the

natives in gold mining. In fact, they were not to be employed in mining

at all. Now as mining was practically the only work in which the Indians

were engaged, the effect of that order, if enforced, would have been

very marked. It would have stopped gold mining, and would have left the

natives in idleness. In fact, it was not enforced. The governor received

it, and transmitted it to the various local officials for promulgation

and enforcement; and they ignored it. Presently the governor wanted to

know why the order had not been obeyed, and was curtly told that it

would have been disastrous to the industries and interests of the

island. This he reported to the crown, asking for further directions.

The reply was a reminder that the new Bishop, Sarmiento, was Protector

of the Indians, and that the governor and he should cooperate for their

welfare and for the enforcement of the decrees in their behalf. But the

people were no readier to listen to the bishop than to the governor;

particularly since that ecclesiastic was himself a slave-holder. Indeed,

the municipal council of Santiago formally protested against his

appointment as Protector of the Indians and refused to recognize his

authority. There were some actual conflicts with force and arms between

the two factions, in which the followers of the local government appear

to have triumphed over the fewer adherents of the Bishop, and from which

no profit nor advantage of any kind accrued to the unhappy objects of

the strife.

When these things were reported to the King and his advisers, there was

much indignation, and new and peremptory orders were sent to the

governor, that involuntary service by the Indians was immediately to be

abolished, and that the natives were to be free to work for whom they

pleased, or not to work at all. Moreover, they were to be treated in all

respects as well as the Spaniards themselves. This radical decree seems

to have impressed the governor and bishop as going a little too far, and

an appeal was made by common consent to the Council for the Indies, in

Spain. That body was divided in opinion, but the majority of it inclined

to a modification of the order, to which the King agreed. The governor

and the bishop were directed to act together for the welfare of the

natives, with a view to granting them ultimately entire liberty and

equal rights. There was to be no more slavery. All the Indian slaves who

had been brought to Cuba from other islands or from the mainland were to

be released and returned to their homes. To hold such slaves, or to

engage in the slave trade, was made a grave penal offense. The native

Cubans who were held under the repartimiento system were not immediately

to be released, but they were not to be transferred from one master to

another, and upon the death of their master they were not to be

bequeathed as chattels to his heirs, but were to be released. Moreover,

if any of the proprietors were proved to be cruel to their native

workmen, or neglectful of their interests, the natives were to be

released from their authority and set at liberty. In all cases, the

natives were to receive fair wages for their labor, and were not to be

compelled to do any kind of work for which they were not suited or to

which they objected. Finally, it was forbidden for the governor, the

bishop, or any other functionary of state or church to hold native Cuban

Indians in bondage, though negro slavery was apparently still

permitted.

These regulations, put forward by the King and the Council for the

Indies, were actually more far-reaching than the order of the crown

which had been disputed, though they would not take effect so abruptly.

The governor received them, and himself had them publicly proclaimed

throughout the island; with prodigious effect. The whole island rose

against them. Municipal councils and others officials, as well as

planters and gold miners, protested against them, and pleaded for at

least postponement of their enforcement until they could have an

opportunity to appeal to the crown and to the Council for the Indies

against them. To this plea for delay, De Avila acceded; to his own

subsequent undoing, as we shall presently see. His own brother, Alfonso

de Avila, turned against him, and went to Spain as the chief spokesman

of the opponents of the new rules.

While the question of the Indians was thus held in suspension, De Avila

turned his attention to other matters, largely matrimonial and domestic.

On coming to Cuba, a young bachelor, he made his home in the house of

the wealthy widow of Pedro de Paz. This lady, who had otherwise been

much married, and who was by birth a member of the formidable Guzman

family, whose name she now bore, was past fifty years old, or about

twice the age of the young governor. Indeed, she had sons and daughters

of about De Avila's age. It was therefore assumed to be quite

permissible for the governor to live in her house. The arrangement

proved in the end, however, to be disastrous. It was probably the lady's

intention from the beginning to take the young man for her husband--her

fourth or fifth. At any rate, his domestic association with her, while

it could not compromise her reputation, did so compromise his that he

could get none of the eligible young women of Cuba to marry him,

although he sought the hands of several of them. So after a time,

despairing of any other bride, and doubtless much impressed by the

wealth of his mature hostess, he married her; and thereafter was her

slave.

[Illustration: SAN LAZARO WATCH TOWER, HAVANA

Built 1536]

For the remainder of the ill-starred administration the lady was the

real governor. A large part of her fortune was in Indian slaves, or in

enterprises dependent upon their labor. Therefore it was she who was

foremost in opposing the enforcement of the decrees for their

emancipation. It was owing to her influence that De Avila acquiesced in

their suspension. Then, when the matter was being appealed, it was she

who constrained De Avila to leave Santiago for a tour of the island,

ostensibly for inspection, but in reality to get away from Santiago,

where the social atmosphere was not agreeable, and to settle in some

more advantageous place.

That new place was found at Havana. Since the burning of it by French

buccaneers that city had been rebuilt in a much more attractive style

than Santiago, and society there was more hospitable to the governor's

wife. A plausible excuse for settling there was, moreover, readily

found. It was necessary, for the protection of the place against another

French attack, that the valiant governor should remain there in person.

For the furtherance of this purpose, he procured the free granting to

him of a choice tract of land, and also the free gift of materials for

building him a fine mansion. Whether the citizens of Havana gave the

materials willingly, for the sake of having the governor of the island

living among them, or under some sort of compulsion, may not certainly

be declared. Two traditions have been extant. One was, that they gave

the materials under compulsion, and that for that reason the governor's

mansion was called the "House of Fear." The other was, that they gave

them willingly, even eagerly, because of actual dread of another French

descent; thinking that if the governor himself lived there, he would

take all possible measures for the defence of the place; and that it was

for that reason that it was called the "House of Fear."

After completing the house and living there for some time, however, De

Avila deemed it politic to return to Santiago. His absence from the

latter place had given rise to great dissatisfaction there and

throughout all the eastern part of the island, where of course the

majority of the population, of wealth and of political and other

influence were still to be found. Indeed, protests had been lodged with

the crown against what was described as the governor's abandonment of

the lawful seat of government of the island. Suspicions of his

unworthiness had already strongly arisen at court, and orders were sent

for the Supreme Court of Hispaniola, which still had jurisdiction in

Cuba, to investigate his conduct. The report was unfavorable, and in

consequence the crown summarily appointed Antonio Chaves to succeed him

as governor; directing Chaves to conduct a searching inquest into De

Avila's administration without regard to the report already made by the

agent of the supreme court of Hispaniola.

The sequel was the greatest public scandal that had thus far marred the

history of Cuba. It was at the beginning of October, 1545, that Antonio

Chaves was commissioned to be governor of Cuba, and it was at the

beginning of June in the following year that he arrived at Santiago and

entered upon the duties of his office. The first task was to investigate

his predecessor, and this he performed with a thoroughness which seemed

ferocious and which certainly suggests either some personal hatred of De

Avila or a natural desire to be cruel and ruthless. He charged De Avila

with having committed malfeasance of office for the furtherance of his

wife's interests; with having engaged in commercial and industrial

enterprises himself, to the detriment of public interests; with having

established monopolies for enriching himself or his wife; with having

both given and accepted bribes; with having intimidated local officials

and the people; and with having, largely at the instance of his wife,

neglected to enforce the order of the King for the emancipation of the

natives.

It is quite probable that De Avila was guilty of most of these charges,

particularly of those in which his wife was concerned. Certain it is

that Antonio Chaves set about trying to prove them with a strenuous zeal

which had never before been displayed. One of his first acts was to

seize and search the governor's house; not merely in its public or

semi-public offices but in its most private parts. The wardrobe of the

governor's wife was ransacked, the furniture examined, the walls and

floors sounded and even broken in quest of concealed treasure. To some

of these proceedings the governor, or ex-governor, and his wife, too,

attempted to offer physical resistance, but they were overpowered and

bound while the search went on. Their servants, or slaves, were

questioned and even, it is said, threatened with torture if they did

not tell all they knew. Under such compulsion they told of bars of gold

hidden underneath the floor of a country house; which were found.

Chaves went so far as to order De Avila to be chained fast to a post in

the market place, where fugitive slaves had formerly been chained, and

the former governor was actually subjected to this indignity, though he

had not yet been convicted and sentenced by a court of justice. But this

was carrying prosecution too far. It was regarded as not prosecution but

persecution. There was a reaction of popular sentiment in favor of De

Avila, and he was assisted to escape from his bonds and to find

sanctuary in the Franciscan monastery. After a time he undertook to get

away, to Spain, but was quickly detected and recaptured by Chaves. After

some further controversy, Chaves discreetly agreed that De Avila might

go to Spain, to defend himself if he could before the Council for the

Indies; doubtless expecting that such defence would be in vain because

of De Avila's offences against that Council's decrees.

So De Avila departed for Spain, with his advocates and his accusers on

the same ship. Most fortunately for him, his wife also went, carrying

with her an ample store of gold and gems which had escaped the search

and confiscation of Chaves. Her conduct in this emergency indicates that

she had a sincere devotion to her young husband, in addition, of course,

to a desire to protect her own material fortune. Certain it is that she

constituted herself his chief and most effective champion, freely

expending in his behalf the gold which she had taken to Spain. She

testified that all the property which he was accused of having

unlawfully acquired was in fact hers and not his, possessed by her

before she was married to him, and that if he had in any sense acquired

it, it was solely through having married her; and there was no law

against a governor's marrying a rich wife.

Her argument prevailed. The litigation in Spain lasted for several

years, during part of which time De Avila was in prison. But in the end

he was released; the heavy fines which had been levied against him were

remitted; and the sentence of perpetual banishment from Cuba was

revoked. Thereupon the devoted couple returned in triumph to Cuba, with

a great retinue of servants, and reestablished themselves at Santiago.

They held aloof from political affairs, and gave their attention to an

exceedingly profitable commerce between Cuba and other West India

Islands and Spain; which happy state of affairs lasted until De Avila's

death, a dozen years later. He left behind him the reputation of being

one of the worst of Cuban governors, not so much because of any inherent

viciousness as because of his weakness of character and his complete

subservience to the often sordid and sometimes unscrupulous doings of

his wife.

That there was any gain for Cuba in the substitution of Antonio Chaves

for Juan de Avila is scarcely, however, to be maintained. On the

contrary, there was probably some loss. It was a substitution of King

Stork for King Log. De Avila had been weak and passive. Chaves was

strong and aggressive; as his campaign against his predecessor

demonstrated. In point of morals there was probably little to choose

between them. So far as enforcement of the laws concerning the natives

was concerned, Chaves was worse than De Avila. For De Avila personally

wished to enforce them, but was dissuaded from so doing by the influence

of his wife and the almost unanimous demands of the officials and

people. Chaves, on the other hand, appears to have been personally

opposed to all emancipation laws, and inclined to subject the natives to

ruthless slavery. Although he had savagely attacked De Avila for

acquiescing in the suspension or postponement of the royal decrees,

Chaves himself went even further in the same direction. He declined to

enforce the laws, protested against them, and petitioned for their

repeal on the ground that they would be ruinous to the material welfare

of the island. The rule against employment of natives in the mines was

especially obnoxious to him, and he advised the crown that unless it

were repealed, together with all other such measures, the island would

soon be "possessed of the devil."

Seeing that Chaves was now doing the very thing that he had condemned

his predecessor for doing, the King was disgusted with him, and sent him

the sharpest kind of a reprimand, reminding him of his gross

inconsistency and bidding him to enforce the law without further ado.

Chaves pretended to obey. In fact, he promptly replied that he was

obeying. But he obeyed only in pretence. He did not scruple to

declare--in Cuba--that he was opposed to giving the natives their

freedom. He did not consider them fit for it. Why? Because they were not

Christians, and if set free they would not become Christians, and

therefore would infallibly be damned eternally. Therefore to save their

souls from hell fire, their bodies must be enslaved, so that they could

find salvation through being physically compelled to conform with the

external practices of Christianity. Particularly necessary was it, he

argued, for this system of spiritual salvation through corporeal bondage

to prevail in the provinces of Trinidad, Sancti Spiritus and Puerto del

Principe, because they had no agricultural interests but were dependent

upon mining, and if they could not compel the Indians to work in the

mines, they would be ruined.

This logic, more ingenious than ingenuous, did not favorably impress the

King, nor was he better pleased with Chaves's proposal that the Indians

should be made free in name only, and that while traffic in them as

chattels should be forbidden, they should in fact remain in involuntary

domestic servitude. Another sharp reprimand was accordingly sent to

Chaves, with an intimation that something worse might follow; to which

warning the governor was blind and deaf. Accordingly, the blow soon

fell.

We have hitherto heard much of Lopez Hurtado, the crabbed, surly and

cantankerous old royal treasurer, with his impregnable honesty. It was

quite impossible that he should countenance even passively such conduct

as that of Chaves. So at the end of 1548 he sent to the King an

appalling indictment of the governor, charging him with all manner of

public crimes and private vices. He declared that Chaves was enriching

himself at the expense of the people, and that he was neglecting public

business for private enterprises, that he was permitting his

subordinates to practice extortion and oppression, that he was

ill-treating and persecuting honest men, and that he was corrupting the

women of the island; all of which was probably true.

The King acted promptly. Chaves had been appointed governor in October,

1545, for a term of four years, at a salary of a thousand ducats a year.

He had now, at the end of 1548, been in office three years and more;

though he claimed that his term ran for four years from June, 1546, when

he actually took office. However, there was no tenure of office law to

keep him in his place beyond the royal pleasure; certainly not to

protect him from removal for cause. So the supreme court of Hispaniola

was directed to investigate him, and Gonzalo Perez de Angulo was

appointed governor in his stead. The court of Hispaniola sent Geronimo

de Aguayo to Cuba to make a private investigation of the governor's

doings; Hurtado agreeing to pay the expenses out of his own pocket.

Aguayo came to Santiago in April, 1549, while Chaves was absent at

Havana, planning to remove the seat of government to that city. Three

months were spent in the investigation, and then Aguayo reported to the

court a docket of about three hundred charges against Chaves, some of

which were serious enough but many of which were altogether trifling.

The court decided to take no action upon them, but to hold them for the

new governor, Angulo, to use as the basis of the investigation which

he, according to law and precedent, would at once make into his

predecessor's administration.

Gonzalo de Angulo had been appointed at the beginning of September,

1548, but did not at once come to the West Indies. He reached Hispaniola

in the summer of 1549, shortly after Aguayo had made his report, and he

remained there for some time, considering the report and conferring with

the members of the supreme court. Finally, at the beginning of November,

he proceeded to Santiago and assumed the governorship. He entered upon

the investigation, using Aguayo's three hundred charges as the basis of

it, despite the protest of Chaves that Aguayo had been a prejudiced

investigator, moved by political and even pecuniary considerations and

intent not upon discovering the truth but merely upon defaming him

(Chaves) to the fullest possible extent.

The result of the new governor's inquest was that at the beginning of

July, 1550, Chaves was arrested and sent as a prisoner to Spain, for

trial there upon a multitude of accusations. These were partly grave and

partly--mostly--frivolous. In the former category was the charge that

Chaves had refused or at least failed to enforce royal decrees for the

enfranchisement of the natives. That was a very serious matter,

apparently, and there was no question that it was true. Indeed, Chaves

admitted it. But, he said, some of these decrees had been suspended,

there had been pleas for the suspension of others, officials had failed

to proclaim some, and the Hispaniola court had interfered with others;

so that the whole business was in a hopeless tangle and he really could

not determine what he ought to do. This argument impressed the Spanish

authorities, and they consequently dismissed that and other like charges

against him.

But when it came to other charges, they could not be got rid of so

easily. Thus, he had refused to pay an apothecary for a dose of

medicine. He had called Hurtado's nephew a Jew! He had called certain

citizens "conspirators" because they were forming some sort of a secret

organization. He had arrested a priest for acting disrespectfully toward

him. These were indeed serious matters; particularly when the irate

Hurtado produced voluminous affidavits, from parents, physicians,

clergy, and whom not, to prove that his nephew like himself was a good

Christian. So for these things Chaves was thrown into prison, and even,

it is said, bound with heavy fetters, until he should pay the fines

which were imposed upon him.

It must be recorded in Chaves's favor that he was unable to pay these

fines. Indeed, he seems not to have had means sufficient to employ a

lawyer to defend him, wherefore he was compelled to conduct his own

case; which he was quite competent to do, being a licentiate of the bar.

There was, then, of course no thought of his being able to influence the

course of justice by the use of money, as De Avila was supposed to have

done. Whether he was actually so poor, or whether his fortune had been

so invested in Cuba that he was unable at once to realize upon it, does

not appear. In charity we may accept the former theory, as the more

creditable to him. At any rate, after two years of litigation and

imprisonment, he secured a final reduction of the fines levied against

him to a little more than 100,000 maravedi, which he was required to pay

within a year. This trifling amount he contrived to raise and so

regained his freedom; going thereafter back to Cuba to settle up his

personal affairs there, and thence to Peru, to engage no more in Cuban

politics.

Apart from his prosecution of Chaves, the first act of Gonzalo de Angulo

on assuming the governorship was to attempt a radical solution of the

Indian problem. This he did by proclaiming the full and universal

emancipation of all natives, however and by whomsoever held. Seeing how

strenuously and vociferously similar action had been resisted only a few

years before, as sure to be ruinous to the island, it is worthy of

remark that this provoked no remonstrances and caused no economic

disturbance. The explanation is simple. The former proposals for

emancipation included slaves who had been brought to Cuba from other

lands, while this one applied only to natives. Now the latter, through

disease, fighting, and other causes, had been steadily decreasing in

numbers, until they were now practically a negligible quantity. They

probably numbered not more than twenty-five hundred in the entire

island. It really mattered little, from an industrial point of view,

whether they were enslaved or free. They were in fact set free, in good

faith, and then practically disappeared. They did not relapse into

primitive barbarism, but they lived in squalor, most of them, and

gradually died out.

Not all of them, however, suffered such a fate. Some settled on lands

near if not actually among the Spanish colonists, adopted the ways of

civilization, and prospered. They acquired freehold of land and houses,

kept herds of cattle, built ships and engaged in commerce. Some of them

intermarried with Spanish families, and the offspring of such unions

often rose to honorable rank in society and the state.

The question of slavery was not by any means disposed of by this

emancipation of the native Indians. There was a much larger number of

slaves in the island who had been brought thither from other countries,

including both insular and continental Indians and African negroes.

Governor Angulo was directed to order their emancipation and

repatriation at the same time with the others. But he withheld the

decree. These foreign slaves were far more numerous than the natives and

were consequently more important to industry and commerce. They had not

been simply "assigned" to owners, like the Cuban Indians, but had been

purchased outright for cash, like any other merchandise, and were

legally as much the property of their owners as land, houses or cattle.

In view of this circumstance, Angulo declined to proclaim their

emancipation.

The History of Cuba, vol. 1 · 第 13 / 28 章