CHAPTER V

THE SPANISH COLONIAL SYSTEM

Colonies were one of the many new things which were introduced to

Europe at the end of the fifteenth century. Of them mediæval Europe

had known nothing since the dissolution of the Roman Empire; the means

of communication were too bad, the Asiatic races were too powerful,

and the Western world itself was too thinly populated to allow of

distant excursions. The planting of settlements was familiar to both

Greece and Rome. The Greek system was the simpler of the two, for the

city state merely propagated itself by colonies as a plant propagates

itself by seeds, and two cities existed instead of one, each independent

of the other. But a Roman colony was incorporated as a subordinate and

inferior part of the mother state. Greek history and literature were

almost unknown in the Middle Ages, and even after the Renaissance they

remained much less familiar than Latin. On the other hand, many European

States, and especially Spain, inherited their law and their municipal

systems from Rome, Latin was the international language, and the Church,

by far the most powerful mediæval institution, was Roman. It is,

therefore, not surprising that Spain followed the Roman colonial system,

but all the circumstances were so different that beyond the mere

incorporation and inferiority of the new dominions there was little

other resemblance.

The main difference and the main characteristic of the Spanish

colonial system was this--the colonies were the private property of

the King of Spain. This, then, is the keystone of the edifice--that

the dominions were vested in the Crown, not in the nation. The

derivation of this theory is doubtless from the fact that in the early

exploring days the Spanish and Portuguese kings were, really or

apparently, private adventurers, and, in fact, the adventurers always

assumed that they were stewards of royal estates rather than officers

of a kingdom. Thus the colonies were the property of the King of Spain

for the time being. Ferdinand had, in 1511, established a tribunal to

manage his new property. This was the Council of the Indies, which

made laws for the colonies and distributed all the appointments and

acted as a Court of Appeal from the Audiencia in America. The King

made all grants of land, and allowed the colonists only local

liberties; the Spanish nation had no concern whatever in the matter. A

modern parallel is the Congo Free State as it was a year or two ago.

It is probable that the New World had little to complain of except in

the matter of trade and commerce, but here the system was illiberal

and short-sighted. The fifth share of the King in the produce of all

the gold and silver mines was a small matter in comparison with the

multitude of harassing restrictions,[38] which Spain never had the

wisdom to cancel till it was too late. No colony was allowed to trade

with any country except Spain; all the exports, whatever their

destination, had first to go to the mother country, and the navigation

laws were conceived in a similar spirit. The most glaring instance of

stupidity was the prohibition of import trade laid upon Buenos Aires. No

Atlantic colonial port might receive goods from Spain except Nombre de

Dios. When Argentina purchased goods from Spain they were despatched

across the Atlantic to Nombre de Dios, carried by mule across the

Isthmus, transhipped to Callao, and then taken over innumerable

mountains into the River Plate country. Merely to state such a system is

to condemn it, but there was no possibility of altering it, because the

whole shipping trade of Spain was in the hands of a syndicate of Cadiz

merchants, and they were all-powerful.

As is well known, no foreign State was allowed to trade with Spanish

America, nor was any foreigner even allowed to enter it without

special permission. Various manufactures were forbidden, and even the

cultivation of the vine and olive was placed under restrictions, as it

was feared that their produce might compete with the produce of Spain.

In fact, the ideal of the home-staying Spaniard was that the colonies

should be mere mining-camps. Gold and silver were regarded as the

whole of wealth, and it was considered the height of commercial wisdom

to drain the whole produce of the mines of America into Spanish ports

without allowing a fraction to be diverted elsewhere.

Thus legitimate trade was made extremely difficult, for the Spaniards

even discouraged colonial exports from the fear that precious metals

might be concealed among them. Accordingly, in 1599, the Governor of

Buenos Aires was commanded to forbid exportation and importation alike

under penalty of death. But the stringency of the various laws and

regulations defeated their own objects, a gigantic contraband trade grew

up, and all the officials, from the Governor downward, were implicated

in it. Bribes accompanied almost every business transaction.[39] The

manufactures of Europe were surreptitiously landed at Buenos Aires, and

of course ruined the sale of the goods that had come over oceans,

Isthmus, and mountains. This contraband trade was chiefly carried on by

the English and the Dutch, and, as Professor Seeley has frequently

pointed out, the power to trade with the New World formed for some two

hundred years the chief bone of contention in the foreign politics of

European countries. The practice of smuggling has had two marked and

very pernicious effects upon Spanish-American character; it has fostered

contempt of law and the preference of Government service to profitable

industry. As the Argentines despised the laws of contraband, so they

came to despise all laws, and during their independent history the

shackles of the law have been cobwebs light as air to restrain

individuals or communities from disturbing the public peace. In a word,

out of the contraband trade sprang one of the worst features of South

America--lawlessness and turbulence. It is obvious that it also fostered

an almost equally injurious spirit--the craving of office. It was easier

and more profitable to take bribes from the smugglers than to engage

actively in smuggling, and so the tradition has descended to prefer the

certain emoluments (direct and indirect) of office to the uncertain

gains of trade. In Spanish America it is better to be the nephew of a

President than of a successful trader. Of course, it would be absurd to

attribute these two evils solely to the contraband trade, but the first

has been undoubtedly encouraged, and the second, to a considerable

extent, caused by the practice which was forced upon the Spanish

colonies by an absurd fiscal system. The economic condition, therefore,

of these countries appears to us very sombre. It must, however, be

remembered that such treatment of "plantations" was the accepted policy

of the age, and probably the reason why Spain was more unfortunate with

her foreign possessions than other nations is rather to be found in the

indolent character of her sons and her foreign embarrassments than in

any particular set of restrictions.

Till the middle of the eighteenth century the principles of the

Spanish colonial system were considered the last words of commercial

policy by all nations and practically all individuals.[40] That great

statesman, Lord Chatham, was fully convinced of the wisdom of these

principles. He remarked: "Let the sovereign authority of this country

over the colonies be asserted in as strong terms as can be devised,

and be made to extend to every point of legislation whatsoever. That

we may bind their _trade_, confine their _manufactures_, and exercise

every _power_ whatsoever, except that of taking money out of their

pocket without their consent."[41] Indeed, the general commercial and

colonial policy of Spain was at least as liberal as that of England,

and was, during the half century preceding the Revolution, infinitely

more liberal, and if we make allowance for the enlargement of the

human mind in a hundred and fifty years, it must be admitted that the

present commercial policy of the South American Republics compares

unfavourably with the Spanish system. There was at least material

prosperity. Adam Smith,[42] while censuring the Spanish system of

government and considering it inferior to that obtaining in English

colonies, recognised that great progress was being made. He says:

"The Spanish colonies are under a government in many respects less

favourable to agriculture, improvement, and population, than that of the

English colonies. They seem, however, to be advancing in all these much

more rapidly than any country in Europe. In a fertile soil and happy

climate the great abundance and cheapness of land, a circumstance common

to all new colonies, is, it seems, so great an advantage as to

compensate many defects in civil government." It is impossible to put

down the failure of Spain to anything but defect of character--the grand

defect of _mañana_, of putting off every exertion till to-morrow, or

rather for ever. But it cannot be denied that a hundred years ago the

ill-starred country had to face a series of misfortunes which might well

have disheartened a more energetic people. The revolutionary spirit

which had spread all over the globe was at first wonderfully impotent in

the Spanish settlements owing to the rigid disciplinary system which had

been in force for upwards of two hundred years. Yet that of itself would

have been enough to have taxed all the energies of an ancient and

absolute monarchy. Further, Spain contrived to change sides in such a

way during the war as to get all the hardships of defeat and none of the

fruits of victory. When she was in alliance with France her fleet was

destroyed by the English, and when she was in alliance with England her

territory was overrun by the French. At this crisis also she was

afflicted by the feeblest king of a feeble line and probably the worst

queen and minister that ever lived. Under these circumstances it can

hardly be a matter for wonder that she lost her colonies.

And yet if her general policy towards them be considered, it must be

acknowledged that she deserved her fate less than any colonial power

then existing. The Spanish merchants did indeed greatly hamper the

development of South America, but they acted in obedience to a theory

which was considered axiomatic and which was rigorously put into

practice by every other nation. The King and the high officials always

exerted their influence in favour of humane treatment of the Indians.

Irala was conspicuous for his humanity, and the protective regulations

which he put forward on their behalf and at the beginning of the

seventeenth century, when reports reached Spain that the Indians in

Tucuman were being ill-treated, it was ordered that Don Francisco de

Alfaro, Auditor of the Supreme Court of Peru, should go to Paraguay

and investigate the whole matter. The result was the Ordinances of

Alfaro in 1612, which abolished both the forcible subjection of

Indians and slavery, and substituted a small capitation tax. As we

have seen, the Court of Madrid warmly seconded the early efforts of

the Jesuits. The treatment, then, of subject races was as benevolent

as circumstances and theories would permit, nor were the colonists in

practice subject to any considerable severity. The commercial

regulations were easily evaded, and the Argentina steadily advanced in

prosperity.

The latter days of Spanish rule were extremely creditable to the

sagacity and liberality of the Crown and its advisers. In 1764 a line

of vessels was established to run between Corunna and various South

American ports, with permission to carry Spanish merchandise and bring

back in return the products of the colonies, and in 1774 the colonies

were allowed intercommunication and trade. In 1778 a new commercial code

was drawn up for the benefit of the Spanish Indies, and this was

surprisingly liberal for those days. Nine ports in Spain and twenty-four

in the colonies were declared "ports of entry," and goods, for the most

part, were allowed to pass in and out freely. The general duty was

nominally 3 per cent. on Spanish goods and 7 per cent. on foreign goods;

but as the latter had to be shipped from Spain, the duty upon them was

really 40 or 50 per cent. If we compare this scale with that now in

force, we shall see how greatly South America has retrograded since the

removal of the control of Spain. It is interesting to remember that

these beneficent regulations were framed while Smith was publishing the

"Wealth of Nations," and that therefore backward Spain anticipated both

Pitt and Huskisson.

After this Argentina advanced by leaps and bounds. The average export

of hides had been 150,000; they soon rose to 800,000, and in one

particular year the figure was 1,400,000. At least seventy ships

sailed to Spain every year, and the population of Buenos Aires rose

from 37,000 in 1778, to 72,000 in 1800. Buenos Aires became openly

what she had long been struggling to be--the _entrepôt_ for wine and

brandy from Cuzo, hides from Tucuman, tobacco, _yerba maté_, and wood

from Paraguay, and gold, silver, copper, rice, sugar, and cocoa from

the distant interior. Had the fate of Spain been happier, and the

character of her sons stronger, South America would have had a very

different destiny, for everything pointed to a period of peaceful

development, and the people had a government which was exactly suited

to them. The Revolution substituted for the mild rule of Spain a

preposterous democracy which was only effective or tolerable when

metamorphosed into a dictatorship, and for more than two centuries of

comparative peace an indefinitely long period of disorder and

bloodshed.

Before closing this brief sketch of a period which has been both

neglected and misunderstood (for it is usually passed over with a few

reflections upon the perversity and tyranny of Spanish rule) it is

desirable to indicate briefly the machinery of government, which

underwent substantial alteration only in the last generation of the

Spanish dominion. The King had a special body of advisers to help him

in the administration of his oversea territory, and this was called

the Council of the Indies. There were only two Viceroys--who, of

course, were subject to the home authorities--they were the Viceroy

of Mexico and the Viceroy of Peru. The latter ruled over the whole of

South America. When a new colony was founded it was put under the

charge of an Adelantado, or Governor, who was nominally subject to the

Viceroy, but in practice he was independent and answerable only to the

King. When he vacated office his acts were subject to a review, and he

was liable to punishment if found guilty of misconduct, but in the

nature of things there was little effective check upon him by the Home

Government, and he was really a military ruler with almost despotic

powers. However, the Spaniards, following the Roman tradition, always

strongly favoured municipal government, and provisions were made which

modified the arbitrary character of the system, although, as was

inevitable, there were loud complaints that the claims of the

Creoles--those born in the country--were neglected, and that the good

posts were given to Spaniards from over the seas. Even to the last

this grievance remained.[43]

The system of local government, which modified this exclusiveness and

gave the children of the soil a considerable share in the management

of their own affairs, is a most important feature in the history of

Argentina.

To begin with, the Governor made grants of land to each white

settler. The recipients of the grants became Encomenderos, who

received also in fief several Indian villages and took tribute from

the inhabitants in return for protection and Christian teaching. The

Encomenderos swore "to defend, enrich, and ennoble the kingdom and

care for the Indians," and they appear to have discharged their trust

with tolerable fidelity.

But the Spaniards are city-dwelling people, and the history of

Argentina chiefly centres in the towns where the governing body was

the Cabildo, or town council. The Cabildo consisted of from six to

twelve members, and although they had bought their offices of the King

and held them for life, they imparted no insignificant popular element

into the system of government, and when the Revolution came the

Cabildos had sufficient vitality to act as the rallying-point for the

revolutionists in every district. In Buenos Aires the Cabildo had

great power, and the Governor could not easily override it, while in

every city in the provinces the little town councils represented

Creole and local interests. This system lent itself to particularism

and was unfavourable to representative government, which accordingly has

not been a success in Argentina, partly owing to this cause and partly

to the natural incapacity of the people. It has been always very

difficult to obtain a national assembly even for the decision of the

most momentous questions and legislation, elections and administrations

are controlled by functionaries rather than by electors and deputies.

Under Spanish rule the Cabildo system worked extremely well. In the

thinly populated districts the great proprietors ruled in patriarchal

fashion.

Inefficiency and indolence were the chief grievances which the

inhabitants of the Plate district could have reasonably urged against

their rulers. The commercial regulations, as we have seen, were so bad

that they were perpetually evaded, and the Governor and other

officials took bribes and connived at the evasions. Thus grew up the

evil tradition that official and political careers are above all

others desirable, and that the productive classes are fair game for

every kind of official exaction. But, in spite of all defects, the

settlements steadily prospered, there were few serious Indian wars,

comparatively little fighting even with the Portuguese or other

foreign nations, and civil tumults were few and far between. If we

make allowance for the natural progress that all nations must make in

the face of all adverse circumstances, we cannot deny that even

Argentina has lost ground in the nineteenth century, as compared with

her position in the seventeenth and eighteenth centuries.

Another institution which exerted great influence upon the history of

Spanish America was the Consulado, or Chamber of Commerce. In 1543 the

first of these bodies was founded at Seville, and its principal object

was to regulate trade with the Indies. The Consulado of Cadiz became

eventually by far the most influential and gained an unenviable

notoriety for its commerce-destroying enactments; but it was following

the accepted commercial principles of the age, and there can be no

doubt that the Consulados at Mexico and Lima were beneficial. Their

business was to adjudge commercial suits and carry on the entire trade

in their respective Viceroyalties, and in general they undertook the

commercial development of the settlements. Their policy was cautious

and conservative.

Such, then, were the institutions which tempered the rigours of

personal or despotic rule, modifying either the unlimited power of the

Crown or the absolute military sway of the Governor. But in theory the

royal authority was as complete as that of the Roman Emperor. Just as

in later days Queen Victoria took the title of Empress of India as the

successor of the Mogul Emperor, so the King of Spain was Emperor of

the Indies in succession to Montezuma in Mexico and the Incas in Peru.

The King's will was the source of law; legislation was carried out by

means of Cédulas Reales, or Royal Decrees, which were issued by the

Council of the Indies in his name, and, as was natural, the attempt

was made at regulation on far too complete a scale, and matters which

ought to have been settled by local authorities were the subject of

decrees, and thus these enactments increased with alarming rapidity.

The principles of these Cédulas soon fell into confusion; it is said

that their codification, ordered in 1635, was not carried into effect

until 1680, by which time it had become obsolete. It does not appear,

however, that the rulers troubled themselves much about the confusion

of the law; they would probably have been much more uneasy had all the

decrees become effective, for it was obviously impossible to carry on

all legislation at such a distance, and travellers and annalists

agreed that the Governors and their subordinates usually neglected the

law and governed according to equity. The result was not unsatisfactory.

Current ideas about history are very often wrong; they are often the

repetition at third or fourth hand of an extremely indifferent

authority. An American traveller may have come with the preconceived

belief that all republics are free and all monarchies grinding

tyrannies, and having accordingly stated that the condition of South

America under Spanish rule was miserable, his statement has been

echoed by all his successors. Or, again, another writer notices that

the commercial regulations were absurd and vexatious, and he declares

that the colonies were paralysed by the blight of Spanish rule. A

third has no difficulty in discovering instances of atrocities

committed against the Indians who worked in the Peruvian mines, and he

enlarges upon the greed and inhumanity of the Spaniards. Thus the

whole history, which possesses few striking incidents to tempt

investigators, is distorted by prejudice and the three hundred years

of Spanish rule are summarily dismissed as a barren period, fruitful

in nothing but misery.

In fact, from first to last the Spanish colonies enjoyed a more

liberal trade policy than did those of England. The reason that the

abuses of the Spanish colonies were so much more prominent was that

the Spanish trade was incomparably more valuable than the North

American. Again, apart from the mines, the Spanish treatment of the

Indians was considerably in advance of the standards of the time in

humanity, nor would it be easy to find any body of men in the three

centuries who pursued a wiser and juster policy towards inferior and

conquered races. And, further, such cruelty as was perpetrated was the

work of private exploiters or, at worst, of disobedient officials. The

King of Spain and the ecclesiastics of Spain made every effort to

redress the instances of ill-treatment which came to their ears. It

was Charles III. who encouraged the Jesuits to proceed upon their

mission of mercy, and if he had had the power he would have restrained

the cruelty of the Portuguese Paulistas. The condition of the River

Plate settlements under Spanish rule compares favourably with that of

most civilised nations during the same period.

A recent writer,[44] summing up the general subject, makes some

remarks which deserve quotation: "In discussing the often-repeated

accusation of Spanish oppression, it is necessary to define what sort

of oppression is meant: whether oppression of the Indians by the

whites, or oppression of the whites by the Spanish Government. If the

former is meant, then the Creoles were as guilty as the Europeans, and

both were more guilty than the Spanish Government and its immediate

representatives. If the latter, the restraint of the whites was in fact

the measure of protection enjoyed by the natives; free immigration

and large autonomy granted to European settlers would have meant

extermination or enslavement. But the theory of a universal control

which should foster both 'commonwealths' and protect the weaker was

largely ineffective; and in this failure lay the troubles of the

Indians....

"The usual exclusion of Creoles from the highest posts was a

grievance; but both its extent and its significance were much

exaggerated during the struggle for independence, since a very large

number of subordinate posts, some of them commanding large influence

and dignity, were usually held by Creoles. In fact, almost all the

revolutionary leaders were connected with the royal service through

posts held either by themselves or by their fathers....

"Here was an empire which, by the testimony of its own administrators,

was honeycombed with continuous decay in all directions; yet this

empire survived repeated external shocks, continually extended its

influence, and after three centuries evoked the admiration of foreign

observers. This vitality is not explained by the theoretic system of

administration, nor yet by the practical neglect of that system.

Perhaps the explanation may partly be found in personal character....

Examples constantly recur of admirable and loyal service, which has

something Oriental in its simplicity and self-abandonment; in

emergencies the presence of one capable leader counterbalances all

vices. Again, the undefinable Spanish quality of _hidalguía_, which

animated the better part of the community, especially in New Spain,

showed itself in a noble charity and hospitality, a liberal and

careless use of wealth, indifference to material results, and an

old-fashioned, uncalculating loyalty, sometimes almost fantastic."

The Spaniards had not the constructive genius of the Romans, and both in

the mechanical contrivances of civilisation and in the moral force which

founds laws and institutions they were far inferior. But they played

very much the same part in South America which the Romans did in Europe.

France, Spain, Portugal, and Italy are not more distinctively Roman than

Argentina, Chile, Peru, and Colombia are Spanish. As Spain was in

language and institutions the most completely Romanised of all European

countries, so she has left her mark upon the West more distinctively

than any other colonising Power. For good or evil, Buenos Aires, Lima,

and the rest are Spanish cities, and there seems no reason to believe

that they will ever be anything else, and the Spanish influence seems

likely to be as permanent as the Roman in Southern Europe. Nor will any

candid student of the history of the continent be unwilling to

acknowledge that it was no small achievement for a nation to build up

and administer such an empire, and he will regret that ignorance and

prejudice have prevented the world from giving the praise due to a vast

political and religious experiment which, in spite of extraordinary

difficulties, was successful as far as its own character was concerned,

and which, when it broke down by reason of the weakness of the mother

country, left behind it all its institutions, political, religious, and

social. Governors became Dictators or Presidents, but everything remains

substantially Spanish.

FOOTNOTES:

[38] The following is a typical example. "In 1602 a custom-house was

established at Cordoba for the purpose of levying duties equivalent to

50 per cent. of the value of all commodities passing between Peru and

the River Plate. It was not till 1665 that this irritating restraint

on commercial business was relaxed" (C. E. Akers, "A History of South

America," p. 11).

[39] "The commerce between Peru and Buenos Aires is chiefly for cattle

and mules; such as are concerned in the former, go first to the

Governor, and ask his leave to drive a herd of cattle into Peru, which

is never refused when backed by a present of some thousand pieces of

eight" ("An Account of the Spanish Settlements in America (1762)"

331).

[40] "In the trade to America every nation endeavours to engross as

much as possible the whole market of its own colonies, by fairly

excluding all other nations from any direct trade to them" (Adam

Smith, "Wealth of Nations," ii. 129).

[41] Thackeray, "A History of William Pitt," ii. 73, 74.

[42] "Wealth of Nations," i. 203.

[43] Writing of the time of Galvez, Funes (iii. 225) says: "Civil and

military appointments were never before distributed with such complete

partiality to the European Spaniards. In general, the native-born were

shut out; they were not esteemed worthy to be appointed door-keepers

of the offices." He also remarks that there was similar exclusiveness

in the distribution of ecclesiastical preferment.

[44] A. F. Kirkpatrick, "Cambridge Modern History," x. 277-9.

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