Page:Vol 2 History of Mexico by H H Bancroft.djvu/546

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526
THE NEW LAWS.

to encomiendas, and in favor of the new laws, prominent among whom, it is claimed, was the provincial Francisco de Soto.[1] Among the many representations to the crown concerning the Indian policy there was one which came neither from the religious orders nor from any government official.[2] It was proposed to abolish the system of personal taxation, and let public tributary lands be granted to Indians and Spaniards alike, subject to the payment of a tax assessed according to the value of the land; these assessments to be made by competent Indian commissioners not residing in the towns or near vicinity of such grants. To successfully carry out this plan the titles to all lands hitherto sold by Indians to Spaniards, including friars, should be carefully examined, and annulled if found to be defective. This latter request was made because it was known that great frauds had been committed in obtaining possession of large tracts of the best lands.[3] These suggestions were, of course, too radical to be acted upon by the government, as the majority of the colonists, and particularly the religious orders, would oppose a project to despoil them of their possessions.

In the mean time Mendoza and Tello reflected seriously over the inconveniences which might attend

  1. Several conquistadores, under some pretence, induced him to sign a paper. After the act Soto recognized it to contain an affirmative opinion on the advisability of making Indians slaves. He snatched the paper and swallowed it. The Spaniards afterward refused to support his friars, remarking, they should eat paper like their superior. Vetancvrt, Menologia, 92. This may be doubted, however, as Soto was one of the procuradors who asked for the repeal of the new laws.
  2. Relacion, in Pacheco and Cárdenas, Col. Doc., vi. 169-72. This evidently came from some well-meaning Spanish settlers who dared not publish their names for fear of offending either the clergy or the official authorities.
  3. The friars were opposed to any land grants to Indians by which the latter would be relieved from personal tribute. The project, therefore, should be kept secret from them until put into practice, otherwise they would prevent it. The decree forbidding the friars to own lands obtained from Indians should be strictly enforced, for if not they would soon possess themselves of all the best lands in the country. Nor was there any necessity for their owning any, as the crown supported them, and the Indians provided all their wants, Relacion, in Pacheco and Cárdenas, Col. Doc., vi. 170, 172-3.