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  • El Requerimiento (1513)

    El Requerimiento 1513 El Requerimiento On behalf of the King, Don Fernando, and of Doña Juana I, his daughter, Queen of Castille and León , subduers of the barbarous nations, we their servants notify and make known to you, as best we can, that the Lord our God, Living and Eternal, created the Heaven and the Earth, and one man and one woman, of whom you and we, all the men of the world at the time, were and are descendants, and all those who came after and before us. But, on account of the multitude which has sprung from this man and woman in the five thousand or even more years since the world was created, it was necessary that some men should go one way and some another, and that they should be divided into many kingdoms and provinces, for in one alone they could not be sustained. Of all these nations God our Lord gave charge to one man, called St. Peter , that he should be Lord and Superior of all the men in the world, that all should obey him, and that he should be the head of the whole Human Race, wherever men should live, and under whatever law, sect, or belief they should be; and he gave him the world for his kingdom and jurisdiction . And he commanded him to place his seat in Rome, as the spot most fitting to rule the world from; but also he permitted him to have his seat in any other part of the world, and to judge and govern all Christians, Moors , Jews , Gentiles , and all other Sects . This man was called Pope , as if to say, Admirable Great Father and Governor of men. The men who lived in that time obeyed that St. Peter, and took him for Lord, King, and Superior of the universe; so also they have regarded the others who after him have been elected to the pontificate, and so has it been continued even till now, and will continue till the end of the world. And he commanded him to place his seat in Rome, as the spot most fitting to rule the world from; but also he permitted him to have his seat in any other part of the world, and to judge and govern all Christians, Moors , Jews , Gentiles , and all other Sects . This man was called Pope , as if to say, Admirable Great Father and Governor of men. The men who lived in that time obeyed that St. Peter, and took him for Lord, King, and Superior of the universe; so also they have regarded the others who after him have been elected to the pontificate, and so has it been continued even till now, and will continue till the end of the world. One of these Pontiffs, who succeeded that St. Peter as Lord of the world, in the dignity and seat which I have before mentioned, made donation of these isles and Tierra-firme to the aforesaid King and Queen and to their successors, our lords, with all that there are in these territories, as is contained in certain writings which passed upon the subject as aforesaid, which you can see if you wish. So their Highnesses are kings and lords of these islands and the land of Tierra-firme  by virtue of this donation: and some islands, and indeed almost all those to whom this has been notified, have received and served their Highnesses, as lords and kings, in the way that subjects ought to do, with good will, without any resistance, immediately, without delay, when they were informed of the aforesaid facts. This document appears in the Compendium: Chapter 1 El Requerimiento — 1513 Annotation: Spanish jurists, under the guidance of Juan López de Palacios Rubios and the Council of the Indies, drafted the Requerimiento. This document was to be read to Indigenous populations prior to conquest, declaring Spain’s claim to the land by divine and papal authority, demanding submission to Spanish rule and Christianity, and warning of war, enslavement, and loss of property if resistance occurred. Though intended to provide a legal and ceremonial justification for conquest, it was often read perfunctorily, sometimes to empty villages or after hostilities had begun, highlighting the tension between legal theory and colonial reality. Authors: Ferdinand II of Aragon — José de Madrazo ca. 1848 Joanna of Castile —  Juan de Flandes c. 1500 Transcript Source: https://nationalhumanitiescenter.org/pds/amerbegin/contact/text7/requirement.pdf And also they received and obeyed the priests whom their Highnesses sent to preach to them and to teach them our Holy Faith ; and all these, of their own free will , without any reward or condition, have become Christians, and are so, and their Highnesses have joyfully and benignantly received them, and also have commanded them to be treated as their subjects and vassals ; and you too are held and obliged to do the same. Wherefore, as best we can, we ask and require you that you consider what we have said to you, that you take the time that shall be necessary to understand and deliberate upon it, and that you acknowledge the Church as the Ruler and Superior of the whole world, and the high priest called Pope , and in his name the King and Queen Doña Juana our lords, in his place, as superiors and lords and kings of these islands and this Tierra-firme by virtue of the said donation, and that you consent and give place that these religious fathers should declare and preach to you the aforesaid. If you do so, you will do well, and that which you are obliged to do to their Highnesses, and we in their name shall receive you in all love and charity, and shall leave you, your wives, and your children, and your lands, free without servitude, that you may do with them and with yourselves freely that which you like and think best, and they shall not compel you to turn Christians, unless you yourselves, when informed of the truth, should wish to be converted to our Holy Catholic Faith , as almost all the inhabitants of the rest of the islands have done. And, besides this, their Highnesses will award you many privileges and exemptions and will grant you many benefits. But, if you do not do this, and maliciously make delay in it, I certify to you that, with the help of God, we shall powerfully enter into your country, and shall make war against you in all ways and manners that we can, and shall subject you to the yoke and obedience of the Church and of their Highnesses; we shall take you and your wives and your children, and shall make slaves of them, and as such shall sell and dispose of them as their Highnesses may command; and we shall take away your goods, and shall do you all the mischief and damage that we can, as to vassals who do not obey, and refuse to receive their lord, and resist and contradict him; and we protest that the deaths and losses which shall accrue from this are your fault, and not that of their Highnesses, or ours, nor of these cavaliers who come with us. And that we have said this to you and made this Requisition, we request the notary here present to give us his testimony in writing, and we ask the rest who are present that they should be witnesses of this Requisition.

  • Valladolid Amendments to the Laws of Burgos 1513

    Valladolid Amendments to the Laws of Burgos July 28, 1513 Valladolid Amendments   Doña Juana, by the Grace of God Queen of Castile, León, Granada, Toledo, Galicia, Sevilla, Córdoba, Murcia, Jaén, the Algarbes, Algeciras, Gibraltar, the Canary Islands, and the Indies, Islands, and Mainland of the Ocean Sea; Princess of Aragón, the Two Sicilies, and Jerusalem; Archduchess of Austria; Duchess of Austria, Burgundy, and Brabant; Countess of Flanders and Tyrol; Lady of Biscay, Molina, etc. To you, the Alcalde Mayor and constables of the Island of San Juan, which is in the Indies of the Ocean Sea, and to our officers of the said Island, and to all other justices and officers of it whatsoever, present and future, and to the town councils, justices, regidores, knights, squires, officers and citizens of the said Island, its town and villages, and to any other persons whatsoever to whom what is contained in this my letter may apply in any way, and to each every one of the: Know, that the King, my Lord and Father, and I, seeing how necessary it was for the service of God Our Lord, and ours, and for the salvation of souls and the increase and good treatment of the Indians of the said Island, as well as for its citizens, consulted prelates and religious and certain members of our Council, which we convened for the purpose, after which we commanded that certain ordinances be drawn up by which the said Indians were to be indoctrinated and taught and brought to the knowledge of our Holy Catholic Faith, and by which the said Indians were to be well treated and reduced to settlements, as is explained at greater length in the said ordinances. Thereupon the King, my Lord and Father, and I were informed that, although the said ordinances were very useful, profitable, and necessary, as well as fitting, it was said that some of them had need of further elucidation and modification. Therefore, since it has always been our intent, desire, and will, to have greater regard for the salvation of souls and the indoctrination and good treatment of the said Indians than for any other consideration, we commanded several prelates and religious of the Order of St. Dominic, and several members of our Council, and preachers and learned men of good life and conscience, very prudent and zealous in the service of our Lord, to consider the said ordinances and amend them, add to them or reduce them, and modify them as might be necessary. This document appears in the Compendium: Chapter 1 Annotation: Issued by Ferdinand II of Aragon and Juana of Castile at Valladolid; a revision and expansion of the 1512 Laws of Burgos refining regulations on Indigenous labor, settlement organization, and religious instruction in the Americas, reinforcing royal oversight while attempting to address abuses within the encomienda system. Authors: Ferdinand II of Aragon — José de Madrazo ca. 1848 Joanna of Castile —  Juan de Flandes c. 1500 Transcript Source: https://web.archive.org/web/20190606074822/http://faculty.smu.edu/bakewell/bakewell/texts/burgoslaws.html Therefore, having considered the said ordinances and listened to the religious who have knowledge of the affairs of the said Island and the conditions and habits of the said Indians, they, together with other prelates and members of our Council, amended and modified the said ordinances as follows. I   First, we order and command that Indian women married to Indian men who have been given in encomienda shall not be forced to go and come and serve with their husbands, at the mines or elsewhere, unless it is by their own free will, or unless their husbands wish to take them; but the said wives shall be obliged to work on their own land or on that of their husbands, or on the lands of the Spaniards, who shall pay them the wages agreed upon with them or with the husbands; but if the said wives should be pregnant we command that the ordinances we issued covering this situation be observed, on pain that he who does the contrary shall, besides suffering the penalty prescribed in the said ordinance, lose the Indian woman whom he thus forces to work, as well as her husband and children, who shall be given in encomienda to others. II   Also we order and command that Indian children under fourteen years of age shall not be compelled to work at [adults'] tasks until they have attained the said age or more; but they shall be compelled to work at, and serve in, tasks proper to children, such as weeding the fields and the like, on their parents' estates (if they have parents); and those above the age of fourteen shall be under the authority of their parents until they are of age and married. Those who have neither father nor mother, we command shall be given in encomienda by the person who has our authority to do so, and he shall give them in charge to persons of good conscience who shall see that they are taught and indoctrinated in the things of our Holy Faith, and employ them on their estates in tasks set by our appellate judges, in which they can work without endangering their health, provided that they [the encomenderos] feed them and pay them their proper wages at the rate fixed by our said judges, and provided that they [the encomenderos] do not prevent their attendance at Christian doctrine at the appointed time. And if any of the said boys should wish to learn a trade, they may freely do so, and they may not be compelled to serve in, or work at, anything else while they are learning the said trade. III   Also, we order and command that umarried Indian women who are under the authority of their parents, mothers or fathers, shall work with them on their lands, or on the lands of others by agreement with their parents; and those not under the authority of their fathers and mothers shall, to prevent their becoming vagabonds and bad women, and to keep them from vice and teach them the [Christian] doctrine, be constrained to be with the other women and work on their estates, if they have such; otherwise, they shall work on the estates of the Indians and others, who shall pay them their wages at the rate they pay the others who work for them. IV   Also, we order and command that within two years [of publication of this ordinance] the men and women shall go about clad. And whereas it may so happen that in the course of time, what with their indoctrination and association with Christians, the Indians will become so apt and ready to become Christians, and so civilized and educated , that they will be capable of governing themselves and leading the kind of life that the said Christians lead there, we declare and command and say that it is our will that those Indians who thus become competent to live by themselves, under the direction and control of our said judges of the said Island, present or future, shall be allowed to live by themselves and shall be obliged to serve [only] in those things in which our vassals in Spain are accustomed to serve, so that they may serve and pay the tribute which they [our vassals] are accustomed to pay to their princes. [Then follows a long and detailed injunction to the Admiral and all lesser officials in the Indies to obey and enforce the Laws of 1512 and the amendments.] Given in the City of Valladolid, July 28, 1513. I, THE KING

  • Mundus Novus — Amerigo Vespucci

    Mundus Novus 1503 Mundus Novus Albericus Vespucius offers his best compliments to Lorenzo Pietro di Medici. On a former occasion I wrote to you at some length concerning my return from those new regions which we found and explored with the fleet, at the cost, and by the command of this Most Serene King of Portugal. And these we may rightly call a new world. Because our an¬ cestors had no knowledge of them, and it will be a matter wholly new to all those who hear about them. For this transcends the view held by our ancients, inasmuch as most of them hold that there is no continent to the south beyond the equator, but only the sea which they named the Atlantic; and if some of them did aver that a continent there was, they denied with abundant argument that it was a habitable land. But that this their opinion is false and utterly opposed to the truth, this my last voyage has made manifest; for in those southern parts I have found a continent more densely peopled and abounding in animals than our Europe or Asia or Africa, and, in addition, a climate milder and more delightful than in any other region known to us, as you shall learn in the following account wherein we shall set succinctly down only capital matters and the things more worthy of comment and memory seen or heard by me in this new world, as will appear below. On the fourteenth of the month of May, one thousand five hundred and one we set sail from Lisbon under fair sailing conditions, in compliance with the commands of the aforementioned king, with these ships for the purpose of seeking new regions toward the south; and for twenty months we continuously pursued this southern course. The route of this voyage is as follows: Our course was set for the Fortunate Isles, once so called, but which are now termed the Grand Canary Islands; these are in the third climate and on the border of the inhabited west. Thence by sea we skirted the whole African coast and part of Ethiopia as far as the Ethiopic Promontory, so called by Ptolemy, which we now call Cape Verde and the Ethiopians Beseghice. And that region, Mandingha, lies within the torrid zone fourteen degrees north of the equator; it is inhabited by tribes and nations of blacks. Having there recovered our strength and taken on all that our voyage required, we weighed anchor and This document appears in the Compendium: Chapter 1 Mundus Novus Annotation: Mundus Novus is a letter, attributed to Amerigo Vespucci, describing his voyages to the newly encountered lands across the Atlantic. Written in Latin and first printed in 1503, it introduced European readers to the idea that these lands were not Asia, but a “New World” previously unknown to Europeans. The letter emphasizes the vast size, natural wealth, and distinct peoples of these territories, fueling curiosity and prompting further exploration. Author: Amerigo Vespucci — Portrait attrib. Crispijn van de Passe the Elder c. 1590 Transcript Source: https://archive.org/details/mundusnovuslette00vesp/page/n9/mode/2up made sail. And directing our course over the vast ocean toward the Antarctic we for a time bent westward, owing to the wind called Vulturnus; and from the day when we set sail from the said promontory we cruised for the space of two months and three days before any land appeared to us. But what we suffered on that vast expanse of sea, what perils of shipwreck, what discomforts of the body we endured, with what anxiety of mind we toiled, this I leave to the judgment of those who out of rich exper¬ ience have well learned what it is to seek the uncertain and to attempt discoveries even though ignorant. And that in a word I may briefly narrate all, you must know that of the sixty-seven days of our sailing we had fortyfour of constant rain, thunder and lightning — so dark that never did we see sun by day or fair sky by night. By reason of this such fear invaded us that we soon abandoned almost all hope of life. But during these tempests of sea and sky, so numerous and so violent, the Most High was pleased to display before us a continent, new lands, and an unknown world. At sight of these things we were filled with as much joy as anyone can imagine usually falls to the lot of those who have gained refuge from varied calamity and hostile fortune. It was on the seventh day of August, one thousand five hundred and one that we anchored off the shores of those parts, thanking our God with formal ceremonial and with the celebration of a choral mass. We knew that land to be a continent and not an island both because it stretches forth in the form of a very long and unbending coast, and because it is replete with infinite inhabitants. For in it we found innumerable tribes and peoples and species of all manner of wild beasts which are found in our lands and many others never seen by us concerning which it would take long to tell in detail. God’s mercy shone upon us much when we landed at that spot, for there had come a shortage of fire-wood and water, and in a few days we might have ended our lives at sea. To Him be honor, glory, and thanksgiving. We adopted the plan of following the coast of this continent toward the east and never losing sight of it. We sailed along until at length we reached a bend where the shore made a turn to the south; and from that point where we first touched land to that corner it was about three hundred leagues, in which sailing distance we frequently landed and had friendly relations with those people, as you will hear below. I had forgotten to write you that from the promontory of Cape Verde to the nearest part of that continent is about seven hundred leagues, although I should estimate that we sailed more than eighteen hundred, partly through ignorance of the route and the ship-master’s want of knowledge, partly owing to tempests and winds which kept us from the proper course and compelled us to put about frequently. Because, if my companions had not heeded me, who had knowledge of cosmography, there would have been no ship-master, nay not the leader of our expedition himself, who would have known where we were within five hun¬ dred leagues. For we were wandering and uncertain in our course, and only the instruments for taking the altitudes of the heavenly bodies showed us our true course precisely; and these were the quadrant and the astrolabe, which all men have come to know. For this reason they subsequently made me the object of great honor; for I showed them that though a man without practical experience, yet through the teaching of the marine chart for navigators I was more skilled than all the ship-masters of the whole world. For these have no knowledge except of those waters to which they have often sailed. Now, where the said corner of land showed us a southern trend of the coast we agreed to sail beyond it and inquire what there might be in those parts. So we sailed along the coast about six hundred leagues, and often landed and mingled and associated with the natives of those regions, and by them we were received in brotherly fashion; and we would dwell with them too, for fifteen or twenty days continuously, maintaining amicable and hospitable relations, as you shall learn below. Part of this new continent lies in the torrid zone beyond the equator toward the Antarctic pole, for it begins eight degrees beyond the equator. We sailed along this coast until we passed the tropic of Capricorn and found the Antarctic pole fifty degrees higher than that horizon. We advanced to within seventeen and a half degrees of the Antarctic circle, and what I there have seen and learned concerning the nature of those races, their manners, their tractability and the fertility of the soil, the salubrity of the climate, the position of the heavenly bodies in the sky, and especially concerning the fixed stars of the eighth sphere, never seen or studied by our ancestors, these things I shall relate in order. First then as to the people. We found in those parts such a multitude of people as nobody could enumerate (as we read in the Apocalypse), a race I say gentle and amenable. All of both sexes go about naked, covering no part of their bodies; and just as they spring from their mothers’ wombs so they go until death. They have indeed large square-built bodies, well formed and pro¬ portioned, and in color verging upon reddish. This I think has come to them, because, going about naked, they are colored by the sun. They have, too, hair plentiful and black. In their gait and when playing their games they are agile and dignified. They are comely, too, of countenance which they nevertheless themselves destroy; for they bore their cheeks, lips, noses and ears. Nor think those holes small or that they have one only. For some I have seen having in a single face seven borings any one of which was capable of holding a plum. They stop up these holes of theirs with blue stones, bits of marble, very beautiful crystals of alabaster, very white bones, and other things artificially prepared according to their customs. But if you could see a thing so unwonted and monstrous, that is to say a man having in his cheeks and lips alone seven stones some of which are a span and a half in length, you would not be without wonder. For I frequently observed and discovered that seven such stones weighed sixteen ounces, aside from the fact that in their ears, each perforated with three holes, they have other stones dangling on rings; and this usage applies to the men alone. For women do not bore their faces, but their ears only. They have another custom, very shameful and beyond all human belief. For their women, being very lustful, cause the private parts of their husbands to swell up to such a huge size that they appear deformed and disgusting ; and this is accomplished by a certain device of theirs, the biting of certain poisonous animals. And in consequence of this many lose their organs which break through lack of attention, and they remain eunuchs. They have no cloth either of wool, linen or cotton, since they need it not; neither do they have goods of their own, but all things are held in common. They live together without king, without government, and each is his own master. They marry as many wives as they please; and son cohabits with mother, brother with sister, male cousin with female, and any man with the first woman he meets. They dissolve their marriages as often as they please, and observe no sort of law with respect to them. Beyond the fact that they have no church, no religion and are not idolaters, what more can I say? They live according to nature, and may be called Epicureans rather than Stoics. There are no merchants among their number, nor is there barter. The nations wage war upon one another without art or order. The elders by means of certain harangues of theirs bend the youths to their will and inflame them to wars in which they cruelly kill one another, and those whom they bring home captives from war they preserve, not to spare their lives, but that they may be slain for food; for they eat one another, the victors the vanquished, and among other kinds of meat human flesh is a common article of diet with them. Nay be the more assured of this fact because the father has already been seen to eat children and wife, and I knew a man whom I also spoke to who was reputed to have eaten more than three hundred human bodies. And I likewise remained twenty-seven days in a certain city where I saw salted human flesh suspended from beams between the houses, just as with us it is the custom to hang bacon and pork. I say further: they themselves wonder why we do not eat our enemies and do not use as food their flesh which they say is most savory. Their weapons are bows and arrows, and when they advance to war they cover no part of their bodies for the sake of protection, so like beasts are they in this matter. We endeavored to the extent of our power to dissuade them and persuade them to desist from these depraved customs, and they did promise us that they would leave off. The women as I have said go about naked and are very libidinous ; yet they have bodies which are tolerably beautiful and cleanly. Nor are they so un¬ sightly as one perchance might imagine; for, inasmuch as they are plump, their ugliness is the less apparent, which indeed is for the most part concealed by the excellence of their bodily structure. It was to us a matter of astonishment that none was to be seen among them who had a flabby breast, and those who had borne children were not to be distinguished from virgins by the shape and shrinking of the womb; and in the other parts of the body similar things were seen of which in the interest of modesty I make no mention. When they had the opportunity of copulating with Christians, urged by excessive lust, they defiled and prostituted themselves. They live one hundred and fifty years, and rarely fall ill, and if they do fall victims to any disease, they cure them¬ selves with certain roots and herbs. These are the most noteworthy things I know about them. The climate there was very temperate and good, and as I was able to learn from their accounts, there was never there any pest or epidemic caused by corruption of the air ; and unless they die a violent death they live long. This I take to be be¬ cause the south winds are ever blowing there, and espe¬ cially that which we call Eurus, which is the same to them as the Aquilo is to us. They are zealous in the art of fishing, and that sea is replete and abounding in every kind of fish. They are not hunters. This I deem to be because there are there many sorts of wild animals, and especially lions and bears and innumerable serpents and other horrid and ugly beasts, and also because forests and trees of huge size there extend far and wide; and they dare not, naked and without covering and arms, expose themselves to such hazards. The land in those parts is very fertile and pleasing, abounding in numerous hills and mountains, boundless valleys and mighty rivers, watered by refreshing springs, and filled with broad, dense and wellnigh impenetrable forests full of every sort of wild animal. Trees grow to immense size without cultivation. Many of these yield fruits delectable to the taste and beneficial to the human body; some indeed do not, and no fruits there are like those of ours. Innumerable species of herbs and roots grow there too, of which they make bread and excellent food. They have, too, many seeds altogether unlike these of ours. They have there no metals of any description except gold, of which those regions have a great plenty, although to be sure we have brought none thence on this our first voyage. This the natives called to our attention, who averred that in the districts remote from the coast there is a great abundance of gold, and by them it is in no respect esteemed or valued. They are rich in pearls as I wrote you before. If I were to seek to recount in detail what things are there and to write concerning the numerous species of animals and the great number of them, it would be a matter all too prolix and vast. And I truly believe that our Pliny did not touch upon a thousandth part of the species of parrots and other birds and the animals, too, which exist in those same regions so diverse as to form and color; because Policletus, the master of painting in all its perfection would have fallen short in depicting them. There all trees are fragrant and they emit each and all gum, oil, or some sort of sap. If the properties of these were known to us, I doubt not but that they would be salutary to the human body. And surely if the terrestrial paradise be in any part of this earth, I esteem that it is not far distant from those parts. Its situation, as I have related, lies toward the south in such a temperate climate that icy winters and fiery sum¬ mers alike are never there experienced. The sky and atmosphere are serene during the greater part of the year, and devoid of thick vapors the rains there fall finely, last three or four hours, and vanish like a mist. The sky is adorned with most beautiful constellations and forms among which I noted about twenty stars as bright as we ever saw Venus or Jupiter. I have considered the movements and orbits of these, I have measured their circumferences and diameters by geo¬ metric method, and I ascertained that they are of greater magnitude. I saw in that sky three Canopi, two indeed bright, the third dim. The Antarctic pole is not figured with a Great and a Little Bear as this Arctic pole of ours is seen to be, nor is any bright star to be seen near it, and of those which move around it with the shortest circuit there are three which have the form of an orthogonous triangle, the half circumference, the diameter, has nine and a half degrees. Rising with these to the left is seen a white Canopus of extraordinary size which when they reach mid-heaven have this form: After these come two others, the half circumference of which, the diameter, has twelve and a half degrees; and with them is seen another white Canopus. There follow upon these six other most beautiful stars and brightest among all the others of the eighth sphere, which in the upper firmament have a half circumference, a diameter, of thirty-two degrees. With them revolves a black Canopus of huge size. They are seen in the Milky Way and have a form like this when observed on the meridian line: I observed many other very beautiful stars, the movements of which I have diligently noted down and have described beautifully with diagrams in a certain little book of mine treating of this my voyage. But at present this Most Serene King has it, which I hope he will restore to me. In that hemisphere I saw things incompatible with the opinions of philosophers. A white rainbow was twice seen about midnight, not only by me but by all the sailors. Likewise we have frequently seen the new moon on that day when it was in conjunction with the sun. Every night in that part of the sky innumerable vapors and glowing meteors fly about. I said a little while ago respecting that hemisphere that it really cannot properly be spoken of as a complete hemisphere comparing it to ours, yet since it approaches such a form, such may we be permitted to call it. Therefore, as I have said from Lisbon whence we started, which is thirty-nine and a half degrees distant from the equator, we sailed beyond the equator through fifty degrees, which added together make about ninety degrees, which total inasmuch as it makes the fourth part of a great circle according to the true system of measurement transmitted to us by our ancients, it is evident that we sailed over a fourth part of the world. And by this calculation we who live in Lisbon, thirty-nine and a half degrees north latitude this side of the equator, are with respect to those fifty degrees beyond the same line, south latitude, at an angle of five degrees on a transverse line. And that you may the more clearly understand: A perpendicular line drawn, while we stand upright, from a point in the sky overhead, our zenith, hangs over our head ; it comes down upon their side or ribs. Thus comes about that we are on an upright line, but they on a line drawn sidewise. A kind of orthogonal triangle is thus formed, the position of whose upright line we occupy, but they the base; and the hypothenuse is drawn from our zenith to theirs, as is seen in the diagram. And these things I have mentioned are sufficient as regards cosmography. These have been the more noteworthy things which I have seen in this my last voyage which I call my third chapter. For two other chapters consisted of two other voyages which I made to the west by command of the most Serene King of the Spains, during which I noted down the marvellous works wrought by that sublime creator of all things, our God. I kept a diary of note¬ worthy things that if sometime I am granted leisure I may bring together these singular and wonderful things and write a book of geography or cosmography, that my memory may live with posterity and that the immense work of almighty God, partly unknown to the ancients, but known to us, may be understood. Accordingly I pray the most merciful God to prolong the days of my life that with His good favor and the salvation of my soul I may carry out in the best possible manner this my will. The accounts of the other two journeys I am preserving in my cabinet and when this Most Serene King restores to me the third, I shall endeavor to regain my country and repose. There I shall be able to consult with experts and to receive from friends the aid and comfort necessary for the completion of this work. Of you I crave pardon for not having transmitted to you this my last voyage, or rather my last chapter, as I had promised you in my last letter. You have learned the reason when I tell you that I have not yet obtained the principal version from this Most Serene King. I am still privately considering the making of a fourth journey, and of this I am treating; and already I have been promised two ships with their equipment, that I may apply myself to the discovery of new regions to the south along the eastern side following the wind-route called Africus. In which journey I think to perform many things to the glory of God, the advantage of this kingdom, and the honor of my old age; and I await nothing but the consent of this Most Serene King. God grant what is for the best. You shall learn what comes of it.

  • Andrew Jackson's Veto of the National Bank

    Andrew Jackson's Veto Message of the National Bank July 10, 1832 Jackson's Veto Message To the Senate: The bill "to modify and continue" the act entitled "An act to incorporate the subscribers to the Bank of the United States" was presented to me on the 4th July instant. Having considered it with that solemn regard to the principles of the Constitution which the day was calculated to inspire, and come to the conclusion that it ought not to become a law, I herewith return it to the Senate, in which it originated, with my objections. A bank of the United States is in many respects convenient for the Government and useful to the people. Entertaining this opinion, and deeply impressed with the belief that some of the powers and privileges possessed by the existing bank are unauthorized by the Constitution, subversive of the rights of the States, and dangerous to the liberties of the people, I felt it my duty at an early period of my Administration to call the attention of Congress to the practicability of organizing an institution combining all its advantages and obviating these objections. I sincerely regret that in the act before me I can perceive none of those modifications of the bank charter which are necessary, in my opinion, to make it compatible with justice, with sound policy, or with the Constitution of our country. The present corporate body, denominated the president, directors, and company of the Bank of the United States, will have existed at the time this act is intended to take effect twenty years. It enjoys an exclusive privilege of banking under the authority of the General Government, a monopoly of its favor and support, and, as a necessary consequence, almost a monopoly of the foreign and domestic exchange. The powers privileges, and favors bestowed upon it in the original charter, by increasing the value of the stock far above its par value, operated as a gratuity of many millions to the stockholders. An apology may be found for the failure to guard against this result in the consideration that the effect of the original act of incorporation could not be certainly foreseen at the time of its passage. The act before me proposes another gratuity to the holders of the same stock, and in many cases to the same men, of at least seven millions more. This donation finds no apology in any uncertainty as to the effect of the act. On all hands it is conceded that its passage will increase at least 20 or 30 per cent more the market price of the stock, subject to the payment of the annuity of $200,000 per year secured by the act, thus adding in a moment one-fourth to its par value. It is not our own citizens only who are to receive the bounty of our Government. More than eight millions of the stock of this bank are held by foreigners. By this act the American Republic proposes virtually to make them a present of some millions of dollars. For these gratuities to foreigners and to some of our own opulent citizens the act secures no equivalent whatever. They are the certain gains of the present stockholders under the operation of this act, after making full allowance for the payment of the bonus. This document appears in the Compendium: Chapter 10 Broadside of Jackson's Veto Message July 10, 1832 Annotation: In 1832, Andrew Jackson vetoed the recharter of the Second Bank of the United States, arguing that it concentrated economic power in the hands of wealthy elites and threatened republican liberty. The message expanded presidential authority by asserting the executive’s right to challenge both Congress and the Supreme Court, framing the veto as a defense of the common citizen against entrenched financial interests. Author: Andrew Jackson — attributed to Thomas Sully ca. 1857 Transcript Source: https://lccn.loc.gov/2020776381 Every monopoly and all exclusive privileges are granted at the expense of the public, which ought to receive a fair equivalent. The many millions which this act proposes to bestow on the stockholders of the existing bank must come directly or indirectly out of the earnings of the American people. It is due to them, therefore, if their Government sell monopolies and exclusive privileges, that they should at least exact for them as much as they are worth in open market. The value of the monopoly in this case may be correctly ascertained. The twenty-eight millions of stock would probably be at an advance of 50 per cent, and command in market at least $42,000,000, subject to the payment of the present bonus. The present value of the monopoly, therefore, is $17,000,000, and this the act proposes to sell for three millions, payable in fifteen annual installments of $200,000 each. It is not conceivable how the present stockholders can have any claim to the special favor of the Government. The present corporation has enjoyed its monopoly during the period stipulated in the original contract. If we must have such a corporation, why should not the Government sell out the whole stock and thus secure to the people the full market value of the privileges granted ? Why should not Congress create and sell twenty-eight millions of stock, incorporating the purchasers with all the powers and privileges secured in this act and putting the premium upon the sales into the Treasury? But this act does not permit competition in the purchase of this monopoly. It seems to be predicated on the erroneous idea that the present stockholders have a prescriptive right not only to the favor but to the bounty of Government. It appears that more than a fourth part of the stock is held by foreigners and the residue is held by a few hundred of our own citizens, chiefly of the richest class. For their benefit does this act exclude the whole American people from competition in the purchase of this monopoly and dispose of it for many millions less than it is worth. This seems the less excusable because some of our citizens not now stockholders petitioned that the door of competition might be opened, and offered to take a charter on terms much more favorable to the Government and country. But this proposition, although made by men whose aggregate wealth is believed to be equal to all the private stock in the existing bank, has been set aside, and the bounty of our Government is proposed to be again bestowed on the few who have been fortunate enough to secure the stock and at this moment wield the power of the existing institution. I can not perceive the justice or policy of this course. If our Government must sell monopolies, it would seem to be its duty to take nothing less than their full value, and if gratuities must be made once in fifteen or twenty years let them not be bestowed on the subjects of a foreign government nor upon a designated and favored class of men in our own country. It is but justice and good policy, as far as the nature of the case will admit, to confine our favors to our own fellow citizens, and let each in his turn enjoy an opportunity to profit by our bounty. In the bearings of the act before me upon these points I find ample reasons why it should not become a law. It has been urged as an argument in favor of rechartering the present bank that the calling in its loans will produce great embarrassment and distress. The time allowed to close its concerns is ample, and if it has been well managed its pressure will be light, and heavy only in case its management has been bad. If, therefore, it shall produce distress, the fault will be its own, and it would furnish a reason against renewing a power which has been so obviously abused. But will there ever be a time when this reason will be less powerful? To acknowledge its force is to admit that the bank ought to be perpetual, and as a consequence the present stockholders and those inheriting their rights as successors be established a privileged order, clothed both with great political power and enjoying immense pecuniary advantages from their connection with the Government. The modifications of the existing charter proposed by this act are not such, in my view, as make it consistent with the rights of the States or the liberties of the people. The qualification of the right of the bank to hold real estate, the limitation of its power to establish branches, and the power reserved to Congress to forbid the circulation of small notes are restrictions comparatively of little value or importance. All the objectionable principles of the existing corporation, and most of its odious features, are retained without alleviation. The fourth section provides "that the notes or bills of the said corporation, although the same be, on the faces thereof, respectively made payable at one place only, shall nevertheless be received by the said corporation at the bank or at any of the offices of discount and deposit thereof if tendered in liquidation or payment of any balance or balances due to said corporation or to such office of discount and deposit from any other incorporated bank." This provision secures to the State banks a legal privilege in the Bank of the United States which is withheld from all private citizens. If a State bank in Philadelphia owe the Bank of the United States and have notes issued by the St. Louis branch, it can pay the debt with those notes, but if a merchant, mechanic, or other private citizen be in like circumstances he can not by law pay his debt with those notes, but must sell them at a discount or send them to St. Louis to be cashed. This boon conceded to the State banks, though not unjust in itself, is most odious because it does not measure out equal justice to the high and the low, the rich and the poor. To the extent of its practical effect it is a bond of union among the banking establishments of the nation, erecting them into an interest separate from that of the people, and its necessary tendency is to unite the Bank of the United States and the State banks in any measure which may be thought conducive to their common interest. The ninth section of the act recognizes principles of worse tendency than any provision of the present charter. It enacts that "the cashier of the bank shall annually report to the Secretary of the Treasury the names of all stockholders who are not resident citizens of the United States, and on the application of the treasurer of any State shall make out and transmit to such treasurer a list of stockholders residing in or citizens of such State, with the amount of stock owned by each." Although this provision, taken in connection with a decision of the Supreme Court, surrenders, by its silence, the right of the States to tax the banking institutions created by this corporation under the name of branches throughout the Union, it is evidently intended to be construed as a concession of their right to tax that portion of the stock which may be held by their own citizens and residents. In this light, if the act becomes a law, it will be understood by the States, who will probably proceed to levy a tax equal to that paid upon the stock of banks incorporated by themselves. In some States that tax is now 1 per cent, either on the capital or on the shares, and that may be assumed as the amount which all citizen or resident stockholders would be taxed under the operation of this act. As it is only the stock held in the States and not that employed within them which would be subject to taxation, and as the names of foreign stockholders are not to be reported to the treasurers of the States, it is obvious that the stock held by them will be exempt from this burden. Their annual profits will therefore be 1 per cent more than the citizen stockholders, and as the annual dividends of the bank may be safely estimated at 7 per cent, the stock will be worth 10 or 15 per cent more to foreigners than to citizens of the United States. To appreciate the effects which this state of things will produce, we must take a brief review of the operations and present condition of the Bank of the United States. By documents submitted to Congress at the present session it appears that on the 1st of January, 1832, of the twenty-eight millions of private stock in the corporation, $8,405,500 were held by foreigners, mostly of Great Britain. The amount of stock held in the nine Western and Southwestern States is $140,200, and in the four Southern States is $5,623,100, and in the Middle and Eastern States is about $13,522,000. The profits of the bank in 1831, as shown in a statement to Congress, were about $3,455,598; of this there accrued in the nine Western States about $1,640,048; in the four Southern States about $352,507, and in the Middle and Eastern States about $1,463,041. As little stock is held in the West, it is obvious that the debt of the people in that section to the bank is principally a debt to the Eastern and foreign stockholders; that the interest they pay upon it is carried into the Eastern States and into Europe, and that it is a burden upon their industry and a drain of their currency, which no country can bear without inconvenience and occasional distress. To meet this burden and equalize the exchange operations of the bank, the amount of specie drawn from those States through its branches within the last two years, as shown by its official reports, was about $6,000,000. More than half a million of this amount does not stop in the Eastern States, but passes on to Europe to pay the dividends of the foreign stockholders. In the principle of taxation recognized by this act the Western States find no adequate compensation for this perpetual burden on their industry and drain of their currency. The branch bank at Mobile made last year $95,140, yet under the provisions of this act the State of Alabama can raise no revenue from these profitable operations, because not a share of the stock is held by any of her citizens. Mississippi and Missouri are in the same condition in relation to the branches at Natchez and St. Louis, and such, in a greater or less degree, is the condition of every Western State. The tendency of the plan of taxation which this act proposes will be to place the whole United States in the same relation to foreign countries which the Western States now bear to the Eastern. When by a tax on resident stockholders the stock of this bank is made worth 10 or 15 per cent more to foreigners than to residents, most of it will inevitably leave the country. Thus will this provision in its practical effect deprive the Eastern as well as the Southern and Western States of the means of raising a revenue from the extension of business and great profits of this institution. It will make the American people debtors to aliens in nearly the whole amount due to this bank, and send across the Atlantic from two to five millions of specie every year to pay the bank dividends. In another of its bearings this provision is fraught with danger. Of the twenty-five directors of this bank five are chosen by the Government and twenty by the citizen stockholders. From all voice in these elections the foreign stockholders are excluded by the charter. In proportion, therefore, as the stock is transferred to foreign holders the extent of suffrage in the choice of directors is curtailed. Already is almost a third of the stock in foreign hands and not represented in elections. It is constantly passing out of the country, and this act will accelerate its departure. The entire control of the institution would necessarily fall into the hands of a few citizen stockholders, and the ease with which the object would be accomplished would be a temptation to designing men to secure that control in their own hands by monopolizing the remaining stock. There is danger that a president and directors would then be able to elect themselves from year to year, and without responsibility or control manage the whole concerns of the bank during the existence of its charter. It is easy to conceive that great evils to our country and its institutions might flow from such a concentration of power in the hands of a few men irresponsible to the people. Is there no danger to our liberty and independence in a bank that in its nature has so little to bind it to our country? The president of the bank has told us that most of the State banks exist by its forbearance. Should its influence become concentered, as it may under the operation of such an act as this, in the hands of a self-elected directory whose interests are identified with those of the foreign stockholders, will there not be cause to tremble for the purity of our elections in peace and for the independence of our country in war? Their power would be great whenever they might choose to exert it; but if this monopoly were regularly renewed every fifteen or twenty years on terms proposed by themselves, they might seldom in peace put forth their strength to influence elections or control the affairs of the nation. But if any private citizen or public functionary should interpose to curtail its powers or prevent a renewal of its privileges, it can not be doubted that he would be made to feel its influence. Should the stock of the bank principally pass into the hands of the subjects of a foreign country, and we should unfortunately become involved in a war with that country, what would be our condition? Of the course which would be pursued by a bank almost wholly owned by the subjects of a foreign power, and managed by those whose interests, if not affections, would run in the same direction there can be no doubt. All its operations within would be in aid of the hostile fleets and armies without. Controlling our currency, receiving our public moneys, and holding thousands of our citizens in dependence, it would be more formidable and dangerous than the naval and military power of the enemy. If we must have a bank with private stockholders, every consideration of sound policy and every impulse of American feeling admonishes that it should be purely American. Its stockholders should be composed exclusively of our own citizens, who at least ought to be friendly to our Government and willing to support it in times of difficulty and danger. So abundant is domestic capital that competition in subscribing for the stock of local banks has recently led almost to riots. To a bank exclusively of American stockholders, possessing the powers and privileges granted by this act, subscriptions for $200,000,000 could be readily obtained. Instead of sending abroad the stock of the bank in which the Government must deposit its funds and on which it must rely to sustain its credit in times of emergency, it would rather seem to be expedient to prohibit its sale to aliens under penalty of absolute forfeiture. It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 1791, decided in favor of a bank; another, in 1811, decided against it. One Congress, in 1815, decided against a bank; another, in 1816, decided in its favor. Prior to the present Congress, therefore, the precedents drawn from that source were equal. If we resort to the States, the expressions of legislative, judicial, and executive opinions against the bank have been probably to those in its favor as 4 to 1. There is nothing in precedent, therefore, which, if its authority were admitted, ought to weigh in favor of the act before me. If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve. But in the case relied upon the Supreme Court have not decided that all the features of this corporation are compatible with the Constitution. It is true that the court have said that the law incorporating the bank is a constitutional exercise of power by Congress; but taking into view the whole opinion of the court and the reasoning by which they have come to that conclusion, I understand them to have decided that inasmuch as a bank is an appropriate means for carrying into effect the enumerated powers of the General Government, therefore the law incorporating it is in accordance with that provision of the Constitution which declares that Congress shall have power "to make all laws which shall be necessary and proper for carrying those powers into execution." Having satisfied themselves that the word "necessary"  in the Constitution means "needful," "requisite," "essential," "conducive to,"  and that "a bank" is a convenient, a useful, and essential instrument in the prosecution of the Government's "fiscal operations," they conclude that to "use one must be within the discretion of Congress" and that "the act to incorporate the Bank of the United States is a law made in pursuance of the Constitution" "but," say they, "where the law is not prohibited and is really calculated to effect any of the objects intrusted to the Government, to undertake here to inquire into the degree of its necessity would be to pass the line which circumscribes the judicial department and to tread on legislative ground." The principle here affirmed is that the "degree of its necessity," involving all the details of a banking institution, is a question exclusively for legislative consideration. A bank is constitutional, but it is the province of the Legislature to determine whether this or that particular power, privilege, or exemption is "necessary and proper" to enable the bank to discharge its duties to the Government, and from their decision there is no appeal to the courts of justice. Under the decision of the Supreme Court, therefore, it is the exclusive province of Congress and the President to decide whether the particular features of this act are necessary  and proper  in order to enable the bank to perform conveniently and efficiently the public duties assigned to it as a fiscal agent, and therefore constitutional, or unnecessary  and improper  , and therefore unconstitutional. Without commenting on the general principle affirmed by the Supreme Court, let us examine the details of this act in accordance with the rule of legislative action which they have laid down. It will be found that many of the powers and privileges conferred on it can not be supposed necessary for the purpose for which it is proposed to be created, and are not, therefore, means necessary to attain the end in view, and consequently not justified by the Constitution. The original act of incorporation, section 21, enacts "that no other bank shall be established by any future law of the United States during the continuance of the corporation hereby created, for which the faith of the United States is hereby pledged: Provided  , Congress may renew existing charters for banks within the District of Columbia not increasing the capital thereof, and may also establish any other bank or banks in said District with capitals not exceeding in the whole $6,000,000 if they shall deem it expedient." This provision is continued in force by the act before me fifteen years from the 3d of March, 1836. If Congress possessed the power to establish one bank, they had power to establish more than one if in their opinion two or more banks had been "necessary" to facilitate the execution of the powers delegated to them in the Constitution. If they possessed the power to establish a second bank, it was a power derived from the Constitution to be exercised from time to time, and at any time when the interests of the country or the emergencies of the Government might make it expedient. It was possessed by one Congress as well as another, and by all Congresses alike, and alike at every session. But the Congress of 1816 have taken it away from their successors for twenty years, and the Congress of 1832 proposes to abolish it for fifteen years more. It can not be "necessary"  or "proper" for Congress to barter away or divest themselves of any of the powers vested in them by the Constitution to be exercised for the public good. It is not "necessary" to the efficiency of the bank, nor is it "proper" in relation to themselves and their successors. They may properly use the discretion vested in them, but they may not limit the discretion of their successors. This restriction on themselves and grant of a monopoly to the bank is therefore unconstitutional. In another point of view this provision is a palpable attempt to amend the Constitution by an act of legislation. The Constitution declares that "the Congress shall have power to exercise exclusive legislation in all cases whatsoever" over the District of Columbia. Its constitutional power, therefore, to establish banks in the District of Columbia and increase their capital at will is unlimited and uncontrollable by any other power than that which gave authority to the Constitution. Yet this act declares that Congress shall not increase the capital of existing banks, nor create other banks with capitals exceeding in the whole $6,000,000. The Constitution declares that Congress shall have power to exercise exclusive legislation over this District "in all cases whatsoever," and this act declares they shall not. Which is the supreme law of the land? This provision can not be "necessary"  or "proper"  or constitutional unless the absurdity be admitted that whenever it be "necessary and proper" in the opinion of Congress they have a right to barter away one portion of the powers vested in them by the Constitution as a means of executing the rest. On two subjects only does the Constitution recognize in Congress the power to grant exclusive privileges or monopolies. It declares that "Congress shall have power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Out of this express delegation of power have grown our laws of patents and copyrights. As the Constitution expressly delegates to Congress the power to grant exclusive privileges in these cases as the means of executing the substantive power "to promote the progress of science and useful arts," it is consistent with the fair rules of construction to conclude that such a power was not intended to be granted as a means of accomplishing any other end. On every other subject which comes within the scope of Congressional power there is an ever-living discretion in the use of proper means, which can not be restricted or abolished without an amendment of the Constitution. Every act of Congress, therefore, which attempts by grants of monopolies or sale of exclusive privileges for a limited time, or a time without limit, to restrict or extinguish its own discretion in the choice of means to execute its delegated powers is equivalent to a legislative amendment of the Constitution, and palpably unconstitutional. This act authorizes and encourages transfers of its stock to foreigners and grants them an exemption from all State and national taxation. So far from being "necessary and proper"  that the bank should possess this power to make it a safe and efficient agent of the Government in its fiscal operations, it is calculated to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign influence through every section of the Republic, and in war to endanger our independence. The several States reserved the power at the formation of the Constitution to regulate and control titles and transfers of real property, and most, if not all, of them have laws disqualifying aliens from acquiring or holding lands within their limits. But this act, in disregard of the undoubted right of the States to prescribe such disqualifications, gives to aliens stockholders in this bank an interest and title, as members of the corporation, to all the real property it may acquire within any of the States of this Union. This privilege granted to aliens is not "necessary"  to enable the bank to perform its public duties, nor in any sense "proper,"  because it is vitally subversive of the rights of the States. The Government of the United States have no constitutional power to purchase lands within the States except "for the erection of forts, magazines, arsenals, dockyards, and other needful buildings," and even for these objects only "by the consent of the legislature of the State in which the same shall be." By making themselves stockholders in the bank and granting to the corporation the power to purchase lands for other purposes they assume a power not granted in the Constitution and grant to others what they do not themselves possess. It is not necessary to the receiving, safe-keeping, or transmission of the funds of the Government that the bank should possess this power, and it is not proper that Congress should thus enlarge the powers delegated to them in the Constitution. The old Bank of the United States possessed a capital of only $11,000,000, which was found fully sufficient to enable it with dispatch and safety to perform all the functions required of it by the Government. The capital of the present bank is $35,000,000--at least twenty-four more than experience has proved to be necessary to enable a bank to perform its public functions. The public debt which existed during the period of the old bank and on the establishment of the new has been nearly paid off, and our revenue will soon be reduced. This increase of capital is therefore not for public but for private purposes. The Government is the only "proper"  judge where its agents should reside and keep their offices, because it best knows where their presence will be "necessary."  It can not, therefore, be "necessary"  or "proper" to authorize the bank to locate branches where it pleases to perform the public service, without consulting the Government, and contrary to its will. The principle laid down by the Supreme Court concedes than Congress can not establish a bank for purposes of private speculation and gain, but only as a means of executing the delegated powers. of the General Government. By the same principle a branch bank can not constitutionally be established for other than public purposes. The power which this act gives to establish two branches in any State, without the injunction or request of the Government and for other than public purposes, is not "necessary"  to the due execution of the powers delegated to Congress. The bonus which is exacted from the bank is a confession upon the face of the act that the powers granted by it are greater than are "necessary" to its character of a fiscal agent. The Government does not tax its officers and agents for the privilege of serving it. The bonus of a million and a half required by the original charter and that of three millions proposed by this act are not exacted for the privilege of giving "the necessary facilities for transferring the public funds from place to place within the United States or the Territories thereof, and for distributing the same in payment of the public creditors without charging commission or claiming allowance on account of the difference of exchange," as required by the act of incorporation, but for something more beneficial to the stockholders. The original act declares that it (the bonus) is granted "in consideration of the exclusive privileges and benefits conferred by this act upon the said bank," and the act before me declares it to be "in consideration of the exclusive benefits and privileges continued by this act to the said corporation for fifteen years, as aforesaid." It is therefore for "exclusive privileges and benefits" conferred for their own use and emolument, and not for the advantage of the Government, that a bonus is exacted. These surplus powers for which the bank is required to pay can not surely be "necessary"  to make it the fiscal agent of the Treasury. If they were, the exaction of a bonus for them would not be "proper." It is maintained by some that the bank is a means of executing the constitutional power "to coin money and regulate the value thereof." Congress have established a mint to coin money and passed laws to regulate the value thereof. The money so coined, with its value so regulated, and such foreign coins as Congress may adopt are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exercised by themselves, and not to be transferred to a corporation. If the bank be established for that purpose, with a charter unalterable without its consent, Congress have parted with their power for a term of years, during which the Constitution is a dead letter. It is neither necessary nor proper to transfer its legislative power to such a bank, and therefore unconstitutional. By its silence, considered in connection with the decision of the Supreme Court in the case of McCulloch against the State of Maryland, this act takes from the States the power to tax a portion of the banking business carried on within their limits, in subversion of one of the strongest barriers which secured them against Federal encroachment. Banking, like farming, manufacturing, or any other occupation or profession, is a business, the right to follow which is not originally derived from the laws. Every citizen and every company of citizens in all of our States possessed the right until the State legislatures deemed it good policy to prohibit private banking by law. If the prohibitory State laws were now repealed, every citizen would again possess the right. The State banks are a qualified restoration of the right which has been taken away by the laws against banking, guarded by such provisions and limitations as in the opinion of the State legislatures the public interest requires. These corporations, unless there be an exemption in their charter, are, like private bankers and banking companies, subject to State taxation. The manner in which these taxes shall be laid depends wholly on legislative discretion. It may be upon the bank, upon the stock, upon the profits, or in any other mode which the sovereign power shall will. Upon the formation of the Constitution the States guarded their taxing power with peculiar jealousy. They surrendered it only as it regards imports and exports. In relation to every other object within their jurisdiction, whether persons, property, business, or professions, it was secured in as ample a manner as it was before possessed. All persons, though United States officers, are liable to a poll tax by the States within which they reside. The lands of the United States are liable to the usual land tax, except in the new States, from whom agreements that they will not tax unsold lands are exacted when they are admitted into the Union. Horses, wagons, any beasts or vehicles, tools, or property belonging to private citizens, though employed in the service of the United States, are subject to State taxation. Every private business, whether carried on by an officer of the General Government or not, whether it be mixed with public concerns or not, even if it be carried on by the Government of the United States itself, separately or in partnership, falls within the scope of the taxing power of the State. Nothing comes more fully within it than banks and the business of banking, by whomsoever instituted and carried on. Over this whole subject-matter it is just as absolute, unlimited, and uncontrollable as if the Constitution had never been adopted, because in the formation of that instrument it was reserved without qualification. The principle is conceded that the States can not rightfully tax the operations of the General Government. They can not tax the money of the Government deposited in the State banks, nor the agency of those banks in remitting it; but will any man maintain that their mere selection to perform this public service for the General Government would exempt the State banks and their ordinary business from State taxation? Had the United States, instead of establishing a bank at Philadelphia, employed a private banker to keep and transmit their funds, would it have deprived Pennsylvania of the right to tax his bank and his usual banking operations? It will not be pretended. Upon what principle, then, are the banking establishments of the Bank of the United States and their usual banking operations to be exempted from taxation? It is not their public agency or the deposits of the Government which the States claim a right to tax, but their banks and their banking powers, instituted and exercised within State jurisdiction for their private emolument--those powers and privileges for which they pay a bonus, and which the States tax in their own banks. The exercise of these powers within a State, no matter by whom or under what authority, whether by private citizens in their original right, by corporate bodies created by the States, by foreigners or the agents of foreign governments located within their limits, forms a legitimate object of State taxation. From this and like sources, from the persons, property, and business that are found residing, located, or carried on under their jurisdiction, must the States, since the surrender of their right to raise a revenue from imports and exports, draw all the money necessary for the support of their governments and the maintenance of their independence. There is no more appropriate subject of taxation than banks, banking, and bank stocks, and none to which the States ought more pertinaciously to cling. It can not be necessary  to the character of the bank as a fiscal agent of the Government that its private business should be exempted from that taxation to which all the State banks are liable, nor can I conceive it "proper"  that the substantive and most essential powers reserved by the States shall be thus attacked and annihilated as a means of executing the powers delegated to the General Government. It may be safely assumed that none of those sages who had an agency in forming or adopting our Constitution ever imagined that any portion of the taxing power of the States not prohibited to them nor delegated to Congress was to be swept away and annihilated as a means of executing certain powers delegated to Congress. If our power over means is so absolute that the Supreme Court will not call in question the constitutionality of an act of Congress the subject of which "is not prohibited, and is really calculated to effect any of the objects intrusted to the Government," although, as in the case before me, it takes away powers expressly granted to Congress and rights scrupulously reserved to the States, it becomes us to proceed in our legislation with the utmost caution. Though not directly, our own powers and the rights of the States may be indirectly legislated away in the use of means to execute substantive powers. We may not enact that Congress shall not have the power of exclusive legislation over the District of Columbia, but we may pledge the faith of the United States that as a means of executing other powers it shall not be exercised for twenty years or forever. We may not pass an act prohibiting the States to tax the banking business carried on within their limits, but we may, as a means of executing our powers over other objects, place that business in the hands of our agents and then declare it exempt from State taxation in their hands. Thus may our own powers and the rights of the States, which we can not directly curtail or invade, be frittered away and extinguished in the use of means employed by us to execute other powers. That a bank of the United States, competent to all the duties which may be required by the Government, might be so organized as not to infringe on our own delegated powers or the reserved rights of the States I do not entertain a doubt. Had the Executive been called upon to furnish the project of such an institution, the duty would have been cheerfully performed. In the absence of such a call it was obviously proper that he should confine himself to pointing out those prominent features in the act presented which in his opinion make it incompatible with the Constitution and sound policy. A general discussion will now take place, eliciting new light and settling important principles; and a new Congress, elected in the midst of such discussion, and furnishing an equal representation of the people according to the last census, will bear to the Capitol the verdict of public opinion, and, I doubt not, bring this important question to a satisfactory result. Under such circumstances the bank comes forward and asks a renewal of its charter for a term of fifteen years upon conditions which not only operate as a gratuity to the stockholders of many millions of dollars, but will sanction any abuses and legalize any encroachments. Suspicions are entertained and charges are made of gross abuse and violation of its charter. An investigation unwillingly conceded and so restricted in time as necessarily to make it incomplete and unsatisfactory discloses enough to excite suspicion and alarm. In the practices of the principal bank partially unveiled, in the absence of important witnesses, and in numerous charges confidently made and as yet wholly uninvestigated there was enough to induce a majority of the committee of investigation--a committee which was selected from the most able and honorable members of the House of Representatives--to recommend a suspension of further action upon the bill and a prosecution of the inquiry. As the charter had yet four years to run, and as a renewal now was not necessary to the successful prosecution of its business, it was to have been expected that the bank itself, conscious of its purity and proud of its character, would have withdrawn its application for the present, and demanded the severest scrutiny into all its transactions. In their declining to do so there seems to be an additional reason why the functionaries of the Government should proceed with less haste and more caution in the renewal of their monopoly. The bank is professedly established as an agent of the executive branch of the Government, and its constitutionality is maintained on that ground. Neither upon the propriety of present action nor upon the provisions of this act was the Executive consulted. It has had no opportunity to say that it neither needs nor wants an agent clothed with such powers and favored by such exemptions. There is nothing in its legitimate functions which makes it necessary or proper. Whatever interest or influence, whether public or private, has given birth to this act, it can not be found either in the wishes or necessities of the executive department, by which present action is deemed premature, and the powers conferred upon its agent not only unnecessary, but dangerous to the Government and country. It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law; but when the laws undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society--the farmers, mechanics, and laborers--who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles. Nor is our Government to be maintained or our Union preserved by invasions of the rights and powers of the several States. In thus attempting to make our General Government strong we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves--in making itself felt, not in its power, but in its beneficence; not in its control, but in its protection; not in binding the States more closely to the center, but leaving each to move unobstructed in its proper orbit. Experience should teach us wisdom. Most of the difficulties our Government now encounters and most of the dangers which impend over our Union have sprung from an abandonment of the legitimate objects of Government by our national legislation, and the adoption of such principles as are embodied in this act. Many of our rich men have not been content with equal protection and equal benefits, but have besought us to make them richer by act of Congress. By attempting to gratify their desires we have in the results of our legislation arrayed section against section, interest against interest, and man against man, in a fearful commotion which threatens to shake the foundations of our Union. It is time to pause in our career to review our principles, and if possible revive that devoted patriotism and spirit of compromise which distinguished the sages of the Revolution and the fathers of our Union. If we can not at once, in justice to interests vested under improvident legislation, make our Government what it ought to be, we can at least take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our Government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy. I have now done my duty to my country. If sustained by my fellow-citizens, I shall be grateful and happy; if not, I shall find in the motives which impel me ample grounds for contentment and peace. In the difficulties which surround us and the dangers which threaten our institutions there is cause for neither dismay nor alarm. For relief and deliverance let us firmly rely on that kind Providence which I am sure watches with peculiar care over the destinies of our Republic, and on the intelligence and wisdom of our countrymen. Through His abundant goodness and their patriotic devotion our liberty and Union will be preserved. ANDREW JACKSON.

  • Suffolk Resolves

    Suffolk Resolves Resolved by the Continental Congress Saturday, September 17, 1774, A. M. Whereas the power but not the justice, the vengeance but not the wisdom of Great-Britain, which of old persecuted, scourged, and exiled our fugitive parents from their native shores, now pursues us, their guiltless children, with unrelenting severity: And whereas, this, then savage and uncultivated desart, was purchased by the toil and treasure, or acquired by the blood and valor of those our venerable progenitors; to us they bequeathed the dearbought inheritance, to our care and protection they consigned it, and the most sacred obligations are upon us to transmit the glorious purchase, unfettered by power, unclogged with shackles, to our innocent and beloved offspring. On the fortitude, on the wisdom and on the exertions of this important day, is suspended the fate of this new world, and of unborn millions. If a boundless extent of continent, swarming with millions, will tamely submit to live, move and have their being at the arbitrary will of a licentious minister, they basely yield to voluntary slavery, and future generations shall load their memories with incessant execrations.—On the other hand, if we arrest the hand which would ransack our pockets, if we disarm the parricide which points the dagger to our bosoms, if we nobly defeat that fatal edict which proclaims a power to frame laws for us in all cases whatsoever, thereby entailing the endless and numberless curses of slavery upon us, our heirs and their heirs forever; if we successfully resist that unparalleled usurpation of unconstitutional power, whereby our capital is robbed of the means of life; whereby the streets of Boston are thronged with military executioners; whereby our coasts are lined and harbours crouded with ships of war; whereby the charter of the colony, that sacred barrier against the encroachments of tyranny, is mutilated and, in effect, annihilated; whereby a murderous law is framed to shelter villains from the hands of justice; whereby the unalienable and inestimable inheritance, which we derived from nature, the constitution of Britain, and the privileges warranted to us in the charter of the province, is totally wrecked, annulled, and vacated, posterity will acknowledge that virtue which preserved them free and happy; and while we enjoy the rewards and blessings of the faithful, the torrent of panegyrists will roll our reputations to that latest period, when the streams of time shall be absorbed in the abyss of eternity.—Therefore, we have resolved, and do resolve, That whereas his majesty, George the Third, is the rightful successor to the throne of Great-Britain, and justly entitled to the allegiance of the British realm, and agreeable to compact, of the English colonies in America--therefore, we, the heirs and successors of the first planters of this colony, do cheerfully acknowledge the said George the Third to be our rightful sovereign, and that said covenant is the tenure and claim on which are founded our allegiance and submission. That it is an indispensable duty which we owe to God, our country, ourselves and posterity, by all lawful ways and means in our power to maintain, defend and preserve those civil and religious rights and liberties, for which many of our fathers fought, bled and died, and to hand them down entire to future generations. That the late acts of the British parliament for blocking up the harbour of Boston, for altering the established form of government in this colony, and for screening the most flagitious violators of the laws of the province from a legal trial, are gross infractions of those rights to which we are justly entitled by the lasws laws of nature, the British constitution, and the charter of the province. That no obedience is due from this province to either or any part of the acts above-mentioned, but that they be rejected as the attempts of a wicked administration to enslave America. That so long as the justices of our superior court of judicature, court of assize, &c. and inferior court of common pleas in this county are appointed, or hold their places, by any other tenure than that which the charter and the laws of the province direct, they must be considered as under undue influence, and are therefore unconstitutional officers, and, as such, no regard ought to be paid to them by the people of this county. That if the justices of the superior court of judicature, assize, &c. justices of the court of common pleas, or of the general sessions of the peace, shall sit and act during their present disqualified state, this county will support, and bear harmless, all sheriffs and their deputies, constables, jurors and other officers who shall refuse to carry into execution the orders of said courts; and, as far as possible, to prevent the many inconveniencies which must be occasioned by a suspension of the courts of justice, we do most earnestly recommend it to all creditors, that they shew all reasonable and even generous forbearance to their debtors; and to all debtors, to pay their just debts with all possible speed, and if any disputes relative to debts or trespasses shall arise, which cannot be settled by the parties, we recommend it to them to submit all such causes to arbitration; and it is our opinion that the contending parties or either of them, who shall refuse so to do, onght to be considered as co-operating with the enemies of this country. That it be recommended to the collectors of taxes, constables and all other officers, who have public monies in their hands, to retain the same, and not to make any payment thereof to the provincial county treasurer until the civil government of the province is placed upon a constitutional foundation, or until it shall otherwise be ordered by the proposed provincial Congress. That the persons who have accepted seats at the council board, by virtue of a mandamus from the King, in conformity to the late act of the British parliament, entitled, an act for the regulating the government of the Massachusetts-Bay, have acted in direct violation of the duty they owe to their country, and have thereby given great and just offence to this people; therefore, resolved, that this county do recommend it to all persons, who have so highly offended by accepting said departments, and have not already publicly resigned their seats at the council board, to make public resignations of their places at said board, on or before the 20th day of this instant, September; and that all persons refusing so to do, shall, from and after said day, be considered by this county as obstinate and incorrigible enemies to this country. That the fortifications begun and now carrying on upon Boston Neck, are justly alarming to this county, and gives us reason to apprehend some hostile intention against that town, more especially as the commander in chief has, in a very extraordinary manner, removed the powder from the magazine at Charlestown, and has also forhidden the keeper of the magazine at Boston, to deliver out to the owners, the powder, which they had lodged in said magazine. That the late act of parliament for establishing the Roman Catholic religion and the French laws in that extensive country, now called Canada, is dangerous in an extreme degree to the Protestant religion and to the civil rights and liberties of all America; and, therefore, as men and Protestant Christians, we are indispensubly obliged to take all proper measures for our security. That whereas our enemies have flattered themselves that they shall make an easy prey of this numerous, brave and hardy people, from an apprehension that they are unacquainted with military discipline; we, therefore, for the honour, defence and security of this county and province, advise, as it has been recommended to take away all commissions from the officers of the militia, that those who now hold commissions, or such other persons, be elected in each town as officers in the militia, as shall be judged of sufficient capacity for that purpose, and who have evidenced themselves the inflexible friends to the rights of the people; and that the inhabitants of those towns and districts, who are qualified, do use their utmost diligence to acquaint themselves with the art of war as soon as possible, and do, for that purpose, appear under arms at least once every week. That during the present hostile appearances on the part of Great-Britain, notwithstanding the many insults and oppressions which we most sensibly resent, yet, nevertheless, from our affection to his majesty, which we have at all times evidenced, we are determined to act merely upon the defensive, so long as such conduct may be vindicated by reason and the principles of self-preservation, but no longer. That, as we understand it has been in contemplation to apprehend sundry persons of this county, who have rendered themselves conspicuous in contending for the violated rights and liberties of their countrymen; we do recommend, should such an audacious measure be put in practice, to seize and keep in safe custody, every servant of the present tyrannical and unconstitutional government throughout the county and province, until the persons so apprehended be liberated from the bands of our adversaries, and restored safe and uninjured to their respective friends and families. That until our rights are fully restored to us, we will, to the utmost of our power, and we recommend the same to the other counties, to withhold all commercial intercourse with Great-Britain, Ireland, and the West-Indies, and abstain from the consumption of British merchandise and manufactures, and especially of East-Indies, and piece goods, with such additions, alterations, and exceptions only, as the General Congress of the colonies may agree to. That under our present circumstances, it is incumbent on us to encourage arts and manufactures amongst us, by all means in our power, and that be and are hereby appointed a committee, to consider of the best ways and means to promote and establish the same, and to report to this convention as soon as may be. That the exigencies of our public affairs, demand that a provincial Congress be called to consult such measures as may be adopted, and vigorously executed by the whole people; and we do recommend it to the several towns in this county, to chuse members for such a provincial Congress, to be holden at Concord, on the second Tuesday of October, next ensuing. That this county, confiding in the wisdom and integrity of the continental Congress, now sitting at Philadelphia , pay all due respect and submission to such measures as may be recommended by them to the colonies, for the restoration and establishment of our just rights, civil and religious, and for renewing that harmony and union between Great-Britain and the colonies, so earnestly wished for by all good men. That whereas the universal uneasiness which prevails among all orders of men, arising from the wicked and oppressive measures of the present administration, may influence some unthinking persons to commit outrage upon private property; we would heartily recommend to all persons of this community, not to engage in any routs, riots, or licentious attacks upon the properties of any person whatsoever, as being subversive of all order and government; but, by a steady, manly, uniform, and persevering opposition, to convince our enemies, that in a contest so important, in a cause so solemn, our conduct shall be such as to merit the approbation of the wise, and the admiration of the brave and free of every age and of every country. That should our enemies, by any sudden manoeuvres, render it necessary to ask the aid and assistance of our brethren in the country, some one of the committee of correspondence, or a select man of such town, or the town adjoining, where such hostilities shall commence, or shall be expected to commence, shall despatch couriers with written messages to the select men, or committees of correspondence, of the several towns in the vicinity, with a written account of such matter, who shall despatch others to committees more remote, until proper and sufficient assistance be obtained, and that the expense of said couriers be defrayed by the county, until it shall be otherwise ordered by the provincial Congress. At a meeting of delegates from the several towns and districts in the county of Suffolk, held at Milton, on Friday, the 9th day of September, 1774--Voted, That Dr. Joseph Warren, of Boston, &c. be a committee to wait on his excellency the governor, to inform him, that this county are alarmed at the fortifications making on Boston Neck, and to remonstrate against the same, and the repeated insults offered by the soldiery, to persons passing and repassing into that town, and to confer with him upon those subjects. Attest, William Thompson, Clerk. "To his excellency Thomas Gage, Esq. captain-general, and commander in chief of his majesty's province of Massachusetts-Bay. May it please your excellency, The county of Suffolk, being greatly, and, in their opinion, justly alarmed at the formidable appearances of hostility, now threatening his majesty's good subjects of this county, and more particularly of the town of Boston, the loyal and faithful capital of this province, beg leave to address your excellency, and represent, that the apprehensions of the people are more particularly encreased by the dangerous design, now carrying into execution, of repairing and manning the fortifications at the south entrance of the town of Boston, which, when completed, may, at any time, be improved to aggravate the misereis of that already impoverished and distressed city, by intercepting the wonted and necessary intercourse between the town and country, and compel the wretched inhabitants to the most ignominious state of humiliation and vassalage, by depriving them of the necessary supplies of provision, for which they are chiefly dependant on that communication. We ahve been informed, that your excellency, in consequence of the spplication of the select men of Boston, has, indeed, disavowed any intention to injure the town in your present manoeuvres, and expressed your purpose to be for the security of the troops and his majesty's subjects in the town, we are therefore at a loss to guess, may it please your excellency, from whence your want of confidence in the loyal and orderly people of this vicinity could originate; a measure, so formidable, carried into execution from a pre-conceived though causeless jealousy of the insecurity of his majesty's troops and subjects in the town, deeply wounds the loyalty, and is an additional injury to the faithful subjects of this county, and affords them a strong motive for this application. We therefore intreat your excellency to desist from your design, assuring your excellency, that the people of this county, are by no means disposed to injure his majesty's troops; they think themselves aggrieved and oppressed by the late acts of parliament, and are resolved, by Divine assistance, never to submit to them, but have no inclination to commence a war with his majesty's troops, and beg leave to observe to your excellency, that the ferment now excited in the minds of the people, is occasioned by some late transactions, by seizing the powder in the arsenal at Charlestown; by withholding the powder lodged in the magazine of the town of Boston, from the legal proprietors; insulting, beating, and abusing passengers to and from the town by the soldiery, in which they have been encouraged by some of their officers; putting the people in fear, and menacing them in their nightly patrole into the neighbouring towns, and more particularly by the fortifying the sole avenue by land to the town of Boston. "In duty therefore to his majesty and to your excellency, and for the restoration of order and security to this county, we the delegates from the severla towns in this county, being commissioned for this purpose, beg your excellency's attention to this our humble and faithful address, assuring you, that nothing less than an immediate removal of the ordnance, and restoring the entrance into the town to its former state, and an effectual stop of all insults and abuses in future, can place the inhabitants of this county in that state of peace and tranquillity, in which every free subject ought to be." His excellency was waited on to know if he would receive the committee with the above written address, but desiring he might have a copy of it in a private way, that so when he received it from the committee, he might have an answer prepared for them, he was accordingly furnished with a copy. His excellency then declared, that he would receive the committee on Monday, at 12 o'clock. The Congress, taking the foregoing into consideration, Resolved unan, That this assembly deeply feels the suffering of their countrymen in the Massachusetts-Bay, under the operation of the late unjust, cruel, and oppressive acts of the British Parliament--that they most thoroughly approve the wisdom and fortitude, with which opposition to these wicked ministerial measures has hitherto been conducted, and they earnestly recommend to their brethren, a perseverance in the same firm and temperate conduct as expressed in the resolutions determined upon, at a [late] meeting of the delegates for the county of Suffolk, on Tuesday, the 6th instant, trusting that the effect[s] of the united efforts of North America in their behalf, will carry such conviction to the British nation, of the unwise, unjust, and ruinous policy of the present administration, as quickly to introduce better men and wiser measures Resolved unan, That contributions from all the colonies for supplying the necessities, and alleviating the distresses of our brethren at Boston, ought to be continued, in such manner, and so long as their occasions may require. Ordered, That a copy of the above resolutions be transmitted to Boston by the president. Ordered, That these resolutions, together with the resolutions of the County of Suffolk, be published in the newspapers. The committee appointed to examine & report the several statutes, which affect the trade and manufactures of the colonies, brought in their report, which was ordered to lie on the table. Adjourned till Monday morning. Source: https://en.wikisource.org/wiki/Suffolk_Resolves

  • Halifax Resolves

    Halifax Resolves April 12, 1776 Halifax Resolves The Select Committee taking into Consideration the usurpations and violences attempted and committed by the King and Parliament of Britain against America, and the further Measures to be taken for frustrating the same, and for the better defence of this province reported as follows, to wit, It appears to your Committee that pursuant to the Plan concerted by the British Ministry for subjugating America, the King and Parliament of Great Britain have usurped a Power over the Persons and Properties of the People unlimited and uncontrouled and disregarding their humble Petitions for Peace, Liberty and safety, have made divers Legislative Acts, denouncing War Famine and every Species of Calamity daily employed in destroying the People and committing the most horrid devastations on the Country. That Governors in different Colonies have declared Protection to Slaves who should imbrue their Hands in the Blood of their Masters. That the Ships belonging to America are declared prizes of War and many of them have been violently seized and confiscated in consequence of which multitudes of the people have been destroyed or from easy Circumstances reduced to the most Lamentable distress. And whereas the moderation hitherto manifested by the United Colonies and their sincere desire to be reconciled to the mother Country on Constitutional Principles, have procured no mitigation of the aforesaid Wrongs and usurpations and no hopes remain of obtaining redress by those Means alone which have been hitherto tried, Your Committee are of opinion that the house should enter into the following Resolve, to wit: Resolved that the delegates for this Colony in the Continental Congress be This document appears in the Compendium: Chapter V Halifax Resolves — Fourth Provincial Congress of North Carolina April 12, 1776 Annotation: The Halifax Resolves authorized North Carolina’s delegates to the Continental Congress to support a declaration of independence from Great Britain. As the first official colonial directive endorsing independence, the resolves marked a decisive transition from protest to revolution and helped set the stage for the Declaration of Independence. Transcript and Image Source: https://www.dncr.nc.gov/news/press-releases/2026/03/30/governor-stein-announces-halifax-resolves-return-nc-first-time-1776?utm_source=chatgpt.com impowered to concur with the other delegates of the other Colonies in declaring Independency, and forming foreign Alliances, resolving to this Colony the Sole, and Exclusive right of forming a Constitution and Laws for this Colony, and of appointing delegates from time to time under the direction of a general Representation thereof to meet the delegates of the other Colonies for such purposes as shall be hereafter pointed out.

  • Jackson's First Inaugural Address

    Andrew Jackson's First Inaugural Address March 4, 1829 Andrew Jackson's First Inaugural Address Fellow-Citizens: About to undertake the arduous duties that I have been appointed to perform by the choice of a free people, I avail myself of this customary and solemn occasion to express the gratitude which their confidence inspires and to acknowledge the accountability which my situation enjoins. While the magnitude of their interests convinces me that no thanks can be adequate to the honor they have conferred, it admonishes me that the best return I can make is the zealous dedication of my humble abilities to their service and their good. As the instrument of the Federal Constitution it will devolve on me for a stated period to execute the laws of the United States, to superintend their foreign and their confederate relations, to manage their revenue, to command their forces, and, by communications to the Legislature, to watch over and to promote their interests generally. And the principles of action by which I shall endeavor to accomplish this circle of duties it is now proper for me briefly to explain. In administering the laws of Congress I shall keep steadily in view the limitations as well as the extent of the Executive power trusting thereby to discharge the functions of my office without transcending its authority. With foreign nations it will be my study to preserve peace and to cultivate friendship on fair and honorable terms, and in the adjustment of any differences that may exist or arise to exhibit the forbearance becoming a powerful nation rather than the sensibility belonging to a gallant people. In such measures as I may be called on to pursue in regard to the rights of the separate States I hope to be animated by a proper respect for those sovereign members of our Union, taking care not to confound the powers they have reserved to themselves with those they have granted to the Confederacy. The management of the public revenue--that searching operation in all governments--is among the most delicate and important trusts in ours, and it will, of course, demand no inconsiderable share of my official solicitude. Under every aspect in which it can be considered it would appear that advantage must result from the observance of a strict and faithful economy. This I shall aim at the more anxiously both because it will facilitate the extinguishment of the national debt, the unnecessary duration of which is incompatible This document appears in the Compendium: Chapter 10 Andrew Jackson's Inaugural Address Broadside Annotation: Delivered on March 4, 1829, Andrew Jackson’s first inaugural address presented his vision of a restrained federal government, strict constitutional limits, and a commitment to reforming abuses within the executive branch. Emphasizing popular sovereignty and rotation in office, Jackson framed his presidency as a break from entrenched elites, promising to restore government to the will and interests of the American people. Author: Andrew Jackson  — attributed to Thomas Sully ca. 1857 Transcript Source: http://hdl.loc.gov/loc.rbc/rbpe.19301900 with real independence, and because it will counteract that tendency to public and private profligacy which a profuse expenditure of money by the Government is but too apt to engender. Powerful auxiliaries to the attainment of this desirable end are to be found in the regulations provided by the wisdom of Congress for the specific appropriation of public money and the prompt accountability of public officers. With regard to a proper selection of the subjects of impost with a view to revenue, it would seem to me that the spirit of equity, caution and compromise in which the Constitution was formed requires that the great interests of agriculture, commerce, and manufactures should be equally favored, and that perhaps the only exception to this rule should consist in the peculiar encouragement of any products of either of them that may be found essential to our national independence. Internal improvement and the diffusion of knowledge, so far as they can be promoted by the constitutional acts of the Federal Government, are of high importance. Considering standing armies as dangerous to free governments in time of peace, I shall not seek to enlarge our present establishment, nor disregard that salutary lesson of political experience which teaches that the military should be held subordinate to the civil power. The gradual increase of our Navy, whose flag has displayed in distant climes our skill in navigation and our fame in arms; the preservation of our forts, arsenals, and dockyards, and the introduction of progressive improvements in the discipline and science of both branches of our military service are so plainly prescribed by prudence that I should be excused for omitting their mention sooner than for enlarging on their importance. But the bulwark of our defense is the national militia, which in the present state of our intelligence and population must render us invincible. As long as our Government is administered for the good of the people, and is regulated by their will; as long as it secures to us the rights of person and of property, liberty of conscience and of the press, it will be worth defending; and so long as it is worth defending a patriotic militia will cover it with an impenetrable aegis. Partial injuries and occasional mortifications we may be subjected to, but a million of armed freemen, possessed of the means of war, can never be conquered by a foreign foe. To any just system, therefore, calculated to strengthen this natural safeguard of the country I shall cheerfully lend all the aid in my power. It will be my sincere and constant desire to observe toward the Indian tribes within our limits a just and liberal policy, and to give that humane and considerate attention to their rights and their wants which is consistent with the habits of our Government and the feelings of our people. The recent demonstration of public sentiment inscribes on the list of Executive duties, in characters too legible to be overlooked, the task of reform, which will require particularly the correction of those abuses that have brought the patronage of the Federal Government into conflict with the freedom of elections, and the counteraction of those causes which have disturbed the rightful course of appointment and have placed or continued power in unfaithful or incompetent hands. In the performance of a task thus generally delineated I shall endeavor to select men whose diligence and talents will insure in their respective stations able and faithful cooperation, depending for the advancement of the public service more on the integrity and zeal of the public officers than on their numbers. A diffidence, perhaps too just, in my own qualifications will teach me to look with reverence to the examples of public virtue left by my illustrious predecessors, and with veneration to the lights that flow from the mind that founded and the mind that reformed our system. The same diffidence induces me to hope for instruction and aid from the coordinate branches of the Government, and for the indulgence and support of my fellow-citizens generally. And a firm reliance on the goodness of that Power whose providence mercifully protected our national infancy, and has since upheld our liberties in various vicissitudes, encourages me to offer up my ardent supplications that He will continue to make our beloved country the object of His divine care and gracious benediction.

  • Treaty of Alliance with France

    Treaty of Alliance with France February 6, 1778 Treaty of Alliance The most Christian King and the United States of North America, to wit, New Hampshire, Massachusetts Bay, Rhodes island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, having this Day concluded a Treaty of amity and Commerce, for the reciprocal advantage of their Subjects and Citizens have thought it necessary to take into consideration the means of strengthening those engagements and of rondring them useful to the safety and tranquility of the two parties, particularly in case Great Britain in Resentment of that connection and of the good correspondence which is the object of the said Treaty, should break the Peace with france, either by direct hostilities, or by hindring her commerce and navigation, in a manner contrary to the Rights of Nations, and the Peace subsisting between the two Crowns; and his Majesty and the said united States having resolved in that Case to join their Councils and efforts against the Enterprises of their common Enemy, the respective Plenipotentiaries, impower'd to concert the Clauses & conditions proper to fulfil the said Intentions, have, after the most mature Deliberation, concluded and determined on the following Articles. ART. 1. If War should break out betwan france and Great Britain, during the continuance of the present War betwan the United States and England, his Majesty and the said united States, shall make it a common cause, and aid each other mutually with their good Offices, their Counsels, and their forces, according to the exigence of Conjunctures as becomes good & faithful Allies. ART. 2. The essential and direct End of the present defensive alliance is to maintain effectually the liberty, Sovereignty, and independance absolute and unlimited of the said united States, as well in Matters of Gouvernement as of commerce. ART. 3. The two contracting Parties shall each on its own Part, and in the manner it may judge most proper, make all the efforts in its Power, against their common Ennemy, in order to attain the end proposed. ART. 4. The contracting Parties agree that in case either of them should form any particular Enterprise in which the concurrence of the other may be desired, the Party whose concurrence is desired shall readily, and with good faith, join to act in concert for that Purpose, as far as circumstances and its own particular Situation will permit; and in that case, they shall regulate by a particular Convention the quantity and kind of Succour to be furnished, and the Time and manner of its being brought into action, as well as the advantages which are to be its Compensation. ART. 5. If the united States should think fit to attempt the Reduction of the British Power remaining in the Northern Parts of America, or the Islands of Bermudas, those Countries or Islands in case of Success, shall be confederated with or dependent upon the said united States. ART. 6. The Most Christian King renounces for ever the possession of the Islands of Bermudas as well as of any part of the continent of North america which before the treaty of Paris in 1763. or in virtue of that Treaty, were acknowledged to belong to the Crown of Great Britain, or to the united States heretofore called British Colonies, or which are at this Time or have lately been under the Power of The King and Crown of Great Britain. ART. 7. If his Most Christian Majesty shall think proper to attack any of the Islands situated in the Gulph of Mexico, or near that Gulph, which are at present under the Power of Great Britain, all the said Isles, in case of success, shall appertain to the Crown of france. ART. 8. Neither of the two Parties shall conclude either Truce or Peace with Great Britain, without the formal consent of the other first obtain'd; and they mutually engage not to lay down their arms, until the Independence of the united states shall have been formally or tacitly assured by the Treaty or Treaties that shall terminate the War. This document appears in the Compendium: Chapter 5 Treaty of Alliance with France - February 6, 1778 Signers: American Representatives Benjamin Franklin — Joseph Duplessis 1785 Silas Deane — William Johnston Arthur Lee French Representatives Charles Gravier, Comte de Vergennes Conrad Alexandre Gerard de Rayneval Transcript and Image Source: https://www.archives.gov/milestone-documents/treaty-of-alliance-with-france ART. 9. The contracting Parties declare, that being resolved to fulfil each on its own Part the clauses and conditions of the present Treaty of alliance, according to its own power and circumstances, there shall be no after claim of compensation on one side or the other whatever may be the event of the War. ART. 10. The Most Christian King and the United states, agree to invite or admit other Powers who may have received injuries from England to make common cause with them, and to accede to the present alliance, under such conditions as shall be freely agreed to and settled between all the Parties. ART. 11. The two Parties guarantee mutually from the present time and forever, against all other powers, to wit, the united states to his most Christian Majesty the present Possessions of the Crown of france in America as well as those which it may acquire by the future Treaty of peace: and his most Christian Majesty guarantees on his part to the united states, their liberty, Sovereignty, and Independence absolute, and unlimited, as well in Matters of Government as commerce and also their Possessions, and the additions or conquests that their Confederation may obtain during the war, from any of the Dominions now or heretofore possessed by Great Britain in North America, conformable to the 5th & 6th articles above written, the whole as their Possessions shall be fixed and assured to the said States at the moment of the cessation of their present War with England. ART. 12. In order to fix more precisely the sense and application of the preceding article, the Contracting Parties declare, that in case of rupture between france and England, the reciprocal Guarantee declared in the said article shall have its full force and effect the moment such War shall break out and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence, until the moment of the cessation of the present War between the united states and England shall have ascertained the Possessions. ART. 13. The present Treaty shall be ratified on both sides and the Ratifications shall be exchanged in the space of six months, sooner if possible. In faith where of the respective Plenipotentiaries, to wit on the part of the most Christian King Conrad Alexander Gerard royal syndic of the City of Strasbourgh & Secretary of his majestys Council of State and on the part of the United States Benjamin Franklin Deputy to the General Congress from the State of Pensylvania and President of the Convention of the same state, Silas Deane heretofore Deputy from the State of Connecticut & Arthur Lee Councellor at Law have signed the above Articles both in the French and English Languages declaring Nevertheless that the present Treaty was originally composed and concluded in the French Language, and they have hereunto affixed their Seals Done at Paris, this sixth Day of February, one thousand seven hundred and seventy eight. C. A. GERARD B FRANKLIN SILAS DEANE ARTHUR LEE

  • The Laws of Burgos 1512

    The Laws of Burgos December 27, 1512 The Laws of Burgos Whereas, the King, my Lord and Father, and the Queen, my Mistress and Mother (may she rest in glory!), always desired that the chiefs and Indians of the Island of Española be brought to a knowledge of our Holy Catholic Faith, and, Whereas, they commanded that certain ordinances be drawn up, which were indeed drawn up, by their Highnesses, as well as, at their command, by the Comendador Bobadilla and the Comendador Mayor de Alcántara, former governors of the said Island, and afterward by Don Diego Columbus, our Admiral, Viceroy, and Governor of it, and by our officers who reside there, and, Whereas, it has become evident through long experience that nothing has sufficed to bring the said chiefs and Indians to a knowledge of our Faith (necessary for their salvation), since by nature they are inclined to idleness and vice, and have no manner of virtue or doctrine (by which Our Lord is disserved), and that the principal obstacle in the way of correcting their vices and having them profit by and impressing them with a doctrine is that their dwellings are remote from the settlements of the Spaniards who go hence to reside in the said Island, because, although at the time the Indians go to serve them they are indoctrinated in and taught the things of our Faith, after serving they return to their dwellings where, because of the distance and their own evil inclinations, they immediately forget what they have been taught and go back to their customary idleness and vice, and when they come to serve again they are as new in the doctrine as they were at the beginning, because although the Spaniard who accompanies them to their village, as is there ordered, reminds them of it and reprehends them, they, having no fear of him, do not profit by it and tell him to leave them in idleness, since that is their reason for returning to their said village, and that their only purpose and desire is to do with themselves what they will, without regard for any virtue, and, Whereas, this is contrary to our Faith, and, Whereas, it is our duty to seek a remedy for it in every way possible, it was considered by the King, my Lord and Father, and by several members of my Council and by persons of good life, letters, and conscience, and they, having informed themselves from others who had much knowledge and experience of the affairs of the said Island, and of the life and customs of the said Indians, gave it as their opinion that the most beneficial thing that could be done at present would be to remove the said chiefs and Indians to the vicinity of the villages and communities of the Spaniards--this for many considerations--and thus, by continual association with them, as well as by attendance at church on feast days to hear Mass and the divine offices, and by observing the conduct of the Spaniards, as well as the preparation and care that the Spaniards will display in demonstrating and teaching them, while they are together, the things of our Holy Catholic Faith, it is clear that they will the sooner learn them and, having learned them, will not forget them as they do now. This document appears in the Compendium: Chapter 1 Manuscript of The Laws of Burgos and Valladolid Amendments ( PARES ) Annotation: Promulgated by King Ferdinand II of Aragon and Queen Juana of Castile in Burgos, Spain; the first comprehensive legal code regulating Spanish conduct, labor obligations, living conditions, and religious instruction of Indigenous peoples in the Americas, initially on Hispaniola and later applied to Puerto Rico and Jamaica, establishing the Crown’s framework for colonial governance and the treatment of native populations. Authors: Ferdinand II of Aragon — José de Madrazo ca. 1848 Joanna of Castile — Juan de Flandes c. 1500 Transcript Source: https://web.archive.org/web/20190606074822/http://faculty.smu.edu/bakewell/bakewell/texts/burgoslaws.html And if some Indian should fall sick he will be quickly succored and treated, and thus the lives of many, with the help of Our Lord, will be saved who now die because no one knows they are sick; and all will be spared the hardship of coming and going, which will be a great relief to them, because their dwellings are now so remote from the Spanish communities, so that those who now die from sickness and hunger on the journey, and who do not receive the sacraments which as Christians they are obligated to receive, will not die [unshriven], because they will be given the sacraments in the said communities as soon as they fall sick; and infants will be baptized at birth; and all will serve with less hardship to themselves and with greater profit to the Spaniards, because they will be with them more continually; and the visitors who have them in charge will visit them better and more fre quently and will have them provided with everything they need, and will not permit their wives and daughters to be taken from them, as now happens while they live at a distance; and many other evils and hardships will cease which the Indians now suffer because they are so remote, and which are not described here because they are notorious; and many other advantages will accrue to them for the salvation of their souls, as well as for the profit and utility of their persons and the conservation of their lives; and so, Whereas, it is our duty to seek a remedy for it in every way possible, it was considered by the King, my Lord and Father, and by several members of my Council and by persons of good life, letters, and conscience, and they, having informed themselves from others who had much knowledge and experience of the affairs of the said Island, and of the life and customs of the said Indians, gave it as their opinion that the most beneficial thing that could be done at present would be to remove the said chiefs and Indians to the vicinity of the villages and communities of the Spaniards--this for many considerations--and thus, by continual association with them, as well as by attendance at church on feast days to hear Mass and the divine offices, and by observing the conduct of the Spaniards, as well as the preparation and care that the Spaniards will display in demonstrating and teaching them, while they are together, the things of our Holy Catholic Faith, it is clear that they will the sooner learn them and, having learned them, will not forget them as they do now. And if some Indian should fall sick he will be quickly succored and treated, and thus the lives of many, with the help of Our Lord, will be saved who now die because no one knows they are sick; and all will be spared the hardship of coming and going, which will be a great relief to them, because their dwellings are now so remote from the Spanish communities, so that those who now die from sickness and hunger on the journey, and who do not receive the sacraments which as Christians they are obligated to receive, will not die [unshriven], because they will be given the sacraments in the said communities as soon as they fall sick; and infants will be baptized at birth; and all will serve with less hardship to themselves and with greater profit to the Spaniards, because they will be with them more continually; and the visitors who have them in charge will visit them better and more fre quently and will have them provided with everything they need, and will not permit their wives and daughters to be taken from them, as now happens while they live at a distance; and many other evils and hardships will cease which the Indians now suffer because they are so remote, and which are not described here because they are notorious; and many other advantages will accrue to them for the salvation of their souls, as well as for the profit and utility of their persons and the conservation of their lives; and so, Therefore, for these reasons and for many others that could be adduced, it was agreed that for the improvement and remedy of all the aforesaid, the said chiefs and Indians should forthwith be brought to dwell near the villages and communities of the Spaniards who inhabit that Island, so that they may be treated and taught and looked after as is right and as we have always desired; and so I command that henceforth that which is contained below be obeyed and observed, as follows: I First, since it is our determination to remove the said Indians and have them dwell near the Spaniards, we order and command that the persons to whom the said Indians are given, or shall be given, in encomienda, shall at once and forthwith build, for every fifty Indians, four lodges [bohíos] of thirty by fifteen feet, and have the Indians plant 5,000 hillocks (3,000 in cassava and 2,000 in yams), 250 pepper plants, and 50 cotton plants, and so on in like manner, increasing or decreasing the amount according to the number of Indians they have in encomienda, and these shall be settled next to the estates of the Spaniards who have them in encomienda, well situated and housed, and under the eyes of you, our said Admiral [Diego Columbus, son of Christopher Columbus] and judges and officers, and of our visitor who will be in charge of it, or of the person whom you, our said Admiral and judges and officers, shall send for the aforesaid purpose, and he, I charge and command you, shall be such as will be competent in this matter. And the persons who have the said Indians in their charge [in encomienda] shall have them sow, in season, half a fanega of maize, and shall also give them a dozen hens and a cock to raise and enjoy the fruit thereof, the chickens as well as the eggs; and as soon as the Indians are brought to the estates they shall be given all the aforesaid as their own property; and the person whom you send for this purpose shall tell them it is for their own use and that it is given them in exchange for what they are leaving behind, to enjoy as their own property. And we command that the persons to whom they are given in encomienda shall keep it for them so that they may enjoy it as their own; and we command that this property shall not be sold or taken from them by any person to whom they may be given in encomienda, or by anyone else, but that it shall belong to the said Indians to whom it is assigned and to their descendants, even though this said person sell the estate in which they are, or the said Indians be removed from him; and we declare and command that the person to whom the said Indians are given in encomienda may utilize the goods that the said Indians abandon when they are brought to the estates of the Spaniards, each according to the number of Indians he has, in order to maintain them with such goods; and after the said persons have removed the said goods I command you, our said Admiral and judges and officers, to have the lodges of the said villages burned, since the Indians will have no further use for them: this is so that they will have no reason to return whence they have been brought.   II   After the aforesaid has been done, we order and command that all the chiefs and Indians dwelling on the Island of Española, now or in the future, shall be brought from their present dwelling places to the villages and communities of the Spaniards who reside, now or in the future, on the said Island; and in order that they be brought of their own volition and suffer no harm from the removal, we hereby command Don Diego Columbus, our Admiral, Viceroy, and Governor of the said Island, and our appellate judges and officers of it, to have them brought in the manner that seems best, with the least possible harm to the said chiefs and Indians, to this end encouraging them and urging them with praise; and we charge and command them most earnestly to do this with much care, fidelity, and diligence, with greater regard for the good treatment and conservation of the said Indians than for any other respect, desire, or interest, particular or general.   III Also, we order and command that the citizen to whom the said Indians are given in encomienda shall, upon the land that is assigned to him, be obliged to erect a structure to be used for a church, on a site selected by you, the said Admiral, judges, and officers, or by the visitor appointed by you; and in this said church he shall place an image of Our Lady and a bell with which to call the Indians to prayer; and the person who has them in encomienda shall be obliged to have them called by the bell at nightfall and go with them to the said church, and have them cross themseives and bless themselves, and together recite the Ave Maria, the Pater Noster, the Credo, and the Salve Regina, in such wise that all of them shall hear the said person, and the said person hear them, so that he may know who is performing well and who ill, and correct the one who is wrong; and since the period we command to be allowed them for rest before nightfall is principally for the purpose of having them rested at the hour of evening prayer, in case any Indian should fail to come to the said church at the said time, we command that on the day following he shall not be allowed to rest during the said period; but he shall still be urged to go to prayers the next night; and we also command that each morning, before they go to work, they shall be obliged to go to the said church and pray as they do in the evening; but they shall not be obliged on that account to rise earlier than is customary, that is, at full daylight.   IV Also, in order to discover how each one is progressing in things of the Faith, we command that every two weeks the said person who has them in charge shall examine them to see what each one knows particularly and to teach them what they do not know; and he shall also teach them the Ten Commandments and the Seven Deadly Sins and the Articles of the Faith, that is, to those he thinks have the capacity and ability to learn them; but all this shall be done with great love and gentleness; and the person who fails to obey this shall incur a penalty of six gold pesos, two of which shall be for our treasury, two for his accuser, and two for the judge who sentences him and executes the sentence; and I command that the penalty shall be executed at once upon the persons of those who incur it.   V Also, because I have been informed that the Spaniards and Indians who live on the estates go for a long time without hearing Mass, and since it is right that they should hear it, at least on feast days and Sundays, and since it is impossible for each estate to maintain a priest to say Mass, we order and command that where four or five estates, more or less, are within distance of a league, on that estate which is nearest the others a church shall be built, and in this church an image of Our Lady and a bell shall be placed, so that every Sunday and obligatory feast day they may come there to pray and hear Mass, and also to hear the good advice that the priests who say Mass shall give them; and the priests who say Mass shall teach them the Commandments and the Articles of the Faith, and the other things of the Christian doctrine. Therefore, in order that they be instructed in the things of the Faith and become accustomed to pray and hear Mass, we command that the Spaniards who are on the estates with the said Indians and have charge of them shall be obliged to bring them all together to the said church in the morning and remain with them until after Mass is said; and after Mass they shall bring them back to the estates and give them their pots of cooked meat, in such wise that they eat on that day better than on any other day of the week, and, although the priest who says Mass will sometimes be absent, nevertheless they shall bring them even so to the church to pray and receive good advice. If, however, the other estates are in places where the Indians can easily come to hear Mass, the said citizens shall be obliged to bring them thither, on pain that any person who has charge of the said Indians and fails to bring them [to Mass] shall incur a penalty of ten gold pesos: six pesos as prescribed in the preceding article, and of the four remaining, two shall be for the erection of the said church and two for the priest who teaches the Indians.   VI Also, since it is our will that the best means be sought to persuade the Indians to accept the things of our Holg Catholic Faith, and since if they should have to travel more than a league to hear Mass on Sundays and feast days it would be a grave hardship for them, we order and command that, if beyond the aforesaid league where we command the said church to be built there should be other estates, even though they should be in the same district, a church shall be erected there in the aforesaid manner. VII Also, we order and command the prelates and priests who, now and in the future, collect the tithes from the estates where the said Indians are, to maintain priests continually in the said churches of the said estates, to say Masses on Sundays and obligatory feast days; and [we order and command] also that the said priests shall have charge of confessing those who know how to confess, and of teaching those who do not. Thus Our Lord will be served, and, if the contrary is done, He has been and will be disserved. VIII   Also, we order and command that at the mines where there are a sufficient number of Indians churches shall be built, in convenient places approved by you, our said Admiral, judges, and officers, or by the person selected by you, so that all the Indians who are at the mines may hear Mass on the said feast days; and we command the settlers and Spaniards who bring the said Indians to extract gold, to observe with them the same procedure that is followed on the estates, as prescribed above, under the same penalties applied in the same manner. IX Also, we order and command that whoever has fifty Indians or more in encomienda shall be obliged to have a boy (the one he considers most able) taught to read and write, and the things of our Faith, so that he may later teach the said Indians, because the Indians will more readily accept what he says than what the Spaniards and settlers tell them; and if the said person has a hundred Indians or more he shall have two boys taught as prescribed; and if the person who has Indians does not have them taught as ordered, we command that the visitor who in our name has charge shall have them taught at the cost of such person. And because the King, my Lord and Father, and I have been informed that several persons are employing Indian boys as pages, we order and command that the person who does so shall be obliged to teach them to read and write, and all the other things that have been prescribed above; and if he fails to do so the boys shall be taken from him and given to another, because the principal aim and desire of the said King, my Lord and Father, and mine, is that in the said parts and in each one of them our Holy Catholic Faith shall be planted and deeply rooted, so that the souls of the said Indians may be saved. X Also, we order and command that each and every time an Indian falls sick in a place where there is a priest, the priest shall be obliged to go to him and recite the Credo and other profitable things of our Holy Catholic Faith, and, if the Indian should know how to confess, he shall confess him, without charging him any fee for it; and because there are some Indians who already understand the things of our Holy Faith, we command that the said priests shall be obliged to have them confess once a year, and also that they shall go with a Cross to the Indians who die and shall bury them, without charging any fee for it or for the confession; and if the said Indians die on the estates we command that the Christian settlers there shall bury them in the churches of the said estates; and if they die in other places where there are no churches they shall be buried where it seems best, on pain that he who has Indians in his charge and fails to bury them or have them buried, shall pay four gold pesos, which shall be applied and distributed in the following manner: one for our treasury, one for his accuser, one for the judge who sentences him, and one for the priest at the estate or village where the said Indians are buried.   XI Also, we order and command that no person having Indians in encomienda, or any other person, shall use Indians as carriers for transporting supplies to Indians at the mines, but that when the latter are removed from one place to another they shall carry their own effects and provisions, because we have been informed that there are no beasts of burden there; and the aforesaid is to be observed and obeyed, on pain that the person who employs the said Indians as carriers against the tenor and form of this article shall pay, for each offense, two gold pesos, which shall be for the hospital of the village where the said settler lives; and if the burden which he thus puts on the Indians is of foodstuffs, he shall lose it also and it shall go to the said hospital.               XII Also, we order and command that all the Spanish inhabitants and settlers who have Indians in encomienda shall be obliged to have all infants baptized within a week of their birth, or before, if it is necessary; and if there is no priest to do so, the person who has charge of the said estate shall be obliged to baptize them, according to the custom in such emergencies, on pain that he who fails to obey this article shall incur, for each offense, the penalty of three gold pesos, which we command shall be for the church where the said infants are baptized. XIII Also, we order and command that, after the Indians have been brought to the estates, all the founding [of gold] that henceforth is done on the said Island shall be done in the manner prescribed below: that is, the said persons who have Indians in encomienda shall extract gold with them for five months in the year and, at the end of these five months, the said Indians shall rest forty days, and the day they cease their labor of extracting gold shall be noted on a certificate, which shall be given to the miners who go to the mines; and upon the day thus designated all the Indians shall be released in the district where the founding is to be done, so that all the Indians of each district shall go to their houses on the same day to rest during the said forty days; and in all the said forty days no one shall employ any Indians in extracting gold, unless it is a slave, on pain that for every Indian that any person brings to the mines in the said period of forty days he shall pay half a gold peso, applied in the aforesaid manner; and we command that in the said forty days you, the said officers, shall be obliged to finish the founding. And we command that the Indians who thus leave the mines shall not, during the said forty days, be ordered to do anything whatever, save to plant the hillocks necessary for their subsistence that season; and the persons who have the said Indians in encomienda shall be obliged, during these forty days of rest, to indoctrinate them in the things of our Faith more than on the other days, because they will have the opportunity and means to do so.   XIV Also, since we have been informed that if the Indians are not allowed to perform their customary dances [ areytos ] they will receive great harm, we order and command that they shall not be prevented from performing their dances on Sundays and feast days, and also on work days, if they do not on that account neglect their usual work stint. XV Also, since the most important consideration for the good treatment and increase of the Indians is their subsistence, we order and command that all persons who have Indians shall be obliged to maintain those who are on their estates and there to keep continually a sufficiency of bread and yams and peppers, and, at least on Sundays and feast days, to give them dishes of cooked meat, as is prescribed in the article that says that on feast days when they go to Mass they shall be given better pots of meat than on other days; and on the days when meat is to be given to the Indians of the said estates it shall be given them in the same manner as is prescribed for the Indians at the mines; that is, they shall be given bread and peppers and a pound of meat a day, and on feast days fish or sardines or other things for their subsistence; and those who are on the estates shall be allowed to go to their lodges to eat, on pain that the person who has the said Indians and does not fulfill all the aforesaid contained in this article shall incur for each offense the penalty of two gold pesos, which shall be distributed as prescribed above; and if he should be fined three times and still fail to correct himself, at the fourth conviction the Indians he has in encomienda shall be taken from him and given to another. XVI Also, we order and command that, among the other things of our Faith that shall be taught to the Indians, they shall be made to understand that they may not have more than one wife at a time, nor may they abandon her; and if the persons who have them in encomienda see that they have sufficient discretion and knowledge to undertake matrimony and govern their households, they shall procure their lawful marriage, as our Holy Mother Church commands, with the wife of their choice; and we especially command that the chiefs be made to understand that they may not take wives related to them, and we command that the visitors shall be responsible for their understanding this, repeating it to them very frequently and telling them, or having them told, all the reasons for their so doing, and how by this action they will save their souls. XVII Also, we order and command that now and in the future all the sons of chiefs of the said Island, of the age of thirteen or under, shall be given to the friars of the Order of St. Francis who may reside on the said Island, as the King my Lord has commanded in one of his decrees, so that the said friars may teach them to read and write, and all the other things of our Holy Catholic Faith; and they shall keep them for four years and then return them to the persons who have them in encomienda, so that these sons of chiefs may teach the said Indians, for the Indians will accept it more readily from them; and if the said chiefs should have two sons they shall give one to the said friars, and the other we command shall be the one who is to be taught by the person who has him in encomienda. XVIII Also, we order and command that no pregnant woman, after the fourth month, shall be sent to the mines, or made to plant hillocks, but shall be kept on the estates and utilized in household tasks, such as making bread, cooking, and weeding; and after she bears her child she shall nurse it until it is three years old, and in all this time she shall not be sent to the mines, or made to plant hillocks, or used in anything else that will harm the infant, on pain that the person who has Indians in encomienda and fails to obey this shall, for the first offense, incur the penalty of six gold pesos, distributed as prescribed above, and for the second offense the woman and her infant shall be taken from him, and for the third, the woman and her husband and six other Indians. XIX Also, we order and command that all those on the said Island who have Indians in encomienda, now or in the future, shall be obliged to give to each of them a hammock in which to sleep continually; and they shall not allow them to sleep on the ground, as hitherto they have been doing; and they shall give them this hammock within the twelve months immediately following their receiving the said Indians in encomienda. And we command our visitors carefully to observe whether each Indian has the said hammock, and to urge the said persons who have them in encomienda, if they have not already supplied hammocks, to do so within the said following twelve months, [on pain that the person who fails to obey the aforesaid shall incur the penalty of. . . pesos], and this penalty we command you, our said Admiral and judges, to execute on the person who incurs it. And since it is said that when anything is given to an Indian he immediately wishes to exchange it for something else, we command that the said Indians be admonished by the visitors that they are not to exchange the said hammocks for other things, and if they do exchange them, we command the said visitors to punish the Indians who do so and to void the exchanges they have made. XX Also, we order and command that, in order that henceforth the Indians may have wherewith the better to clothe and adorn themselves, the person who has them in encomienda shall give to each of them a gold peso every year, which he shall be obliged to give them in wearing apparel, in the sight of and with the consent of our visitor, and this gold peso shall be understood to be in addition to the said hammock that we commanded above to be given to each of them. And since it is just that the said chiefs and their wives should be better dressed and better treated than the other Indians, we command that one real be deducted from the gold peso to be paid to the latter, and that with this said real the said visitor shall have clothing purchased for the said chiefs and their wives; and we command you, our said Admiral, judges, and officers, to have special care to see that this article is observed, obeyed, and fulfilled.   XXI Also, in order that each one may employ only the Indians he has in encomienda, and that no one may employ those belonging to another, we order and command that no person or persons shall employ an Indian belonging to another, or receive him in his house or estate or mine, or anywhere; but if an Indian should be traveling from one place to another, we permit him to be detained for one night on an estate, provided that immediately on the following morning he is sent forth to go and serve his master; and we command that the person who fails to obey this, and detains an Indian not given to him in encomienda, shall incur the penalty of the loss of one Indian of his own for every Indian of another he thus detains; and the said Indian shall be given to the accuser and the other returned to his master; and if the said person has no Indians he shall suffer the penalty, for the first offense, of six gold castellanos; for the second, twelve; and for the third the penalty shall be doubled again and distributed in the prescribed manner; and if he has no Indians or money the penalty shall be commuted to one hundred lashes. XXII   Also, we order and command that, in order that the chiefs may the more easily have people to serve them in their personal needs (provided that the Indians of the said chiefs are distributed among more than one person), if a chief has forty subjects two of them shall be given to him for his service; if he has seventy he shall be given three; if a hundred, four; from a hundred to a hundred and fifty, six; and from that point onward, even though he should have more subjects, he shall not be given more; and these said Indians who are to serve him shall be chosen by the said chief, provided they are man and wife and child; and we command that the said Indians shall be chosen from among those belonging to the person who has the largest share of the subjects of the said chief in encomienda. And we command that they [the said chiefs] shall be well treated and not forced to work save at light tasks, so that they may be occupied and not idle, thus avoiding the difficulties that might arise from idleness. And we command our visitors to look carefully after the said chiefs and Indians, and to feed them well and teach them the things of our Holy Faith better than they teach the others, because [the said chiefs] will be able to indoctrinate the other Indians, who will accept it more readily from them. XXIIl Also, we order and command that all persons who have in encomienda Indians of the said Island of Española, as well as those brought from other islands, shall be obliged to give an accounting to the visitors, within ten days, of those who die and those who are born; and we command that the said visitors shall be obliged to keep a book in which to enter every person who has Indians in encomienda, and the Indians that each one has, with their names, so that those who are born may be entered, and those who die removed, and the visitor have continually a complete record of the increase or decrease of the said Indians, on pain of two pesos gold for each offense, levied against each of the said settlers who fails to do so; and this penalty shall be divided among the treasury and the accuser and the judge who sentences him; and the visitors shall be obliged to bring to each founding [i.e. smelting of gold] an account of all the aforesaid and give it to our [treasury] officers there, so that they may know how much the Indians have increased or decreased between one founding and the next, and they shall so inform us when they remit us the gold that falls to our share in the said founding. XXIV Also, we order and command that no person or persons shall dare to beat any Indians with sticks, or whip him, or call him dog, or address him by any name other than his proper name alone; and if an Indian should deserve to be punished for something he has done, the said person having him in charge shall bring him to the visitor for punishment, on pain that the person who violates this article shall pay, for every time he beats or whips an Indian or Indians, five pesos gold; and if he should call an Indian dog, or address him by any name other than his own, he shall pay one gold peso, to be distributed in the manner stated. XXV Also, since we have been informed that many persons having Indians in encomienda employ them in commerce or trade, thereby disserving us, we order and command that each person having Indians in encomienda shall be obliged to bring the third part of them to the mines to extract gold, or more than the third part if he so desires, on pain that if he fails to observe this he shall incur a penaltv of three gold pesos for each Indian lacking in the said third part to be sent to the mines; but we permit the residents of La Sabana and Villanueva de Yaquimo to be excused from bringing Indians to the mines, because of their remoteness; but we command them to employ the said Indians in the manufacture of hammocks and cotton shirts, in raising pigs, and in other activities profitable to the community. And whereas I have learned that when the Indians are removed to the estates of the settlers it is necessary to employ some of them at once in the erection of lodges, and in other tasks that the settlers will indicate to them as required for their estates, and because of which they will not immediately be able to send the third part to the mines, I command you the said Admiral, judges, and officers, forthwith to fix for all this the period you think should be allowed, making it as brief as possible.               XXVI Also, we order and command that those who have Indians [in encomienda], but whose estates are so remote from the mines that they cannot supply provisions for the said Indians [being sent thither], shall combine their Indians with those of others who have estates in the vicinity, in order to supply provisions for the said Indians, one person supplying the provisions and the other the Indians, provided that the master of the Indians [being sent to the mines] sends along with them a miner who will see to it that they do not lack necessities; and the aforesaid shall not be done through a third party, or in any way other than that prescribed, under the penalty stated above.   XXVII   Also, since many Indians have been brought, and are daily being brought, from the neighboring islands, we order and command that these said Indians be indoctrinated in and taught the things of the Faith, in the form and manner that we have commanded to be observed with the other Indians of the said Island; also, that they shall be inspected by the said visitors, unless they are slaves, for these may be treated by their owner as he pleases; but we command that they shall not be treated with that rigor and harshness with which other slaves are customarily treated, but rather with much love and gentleness, in order the better to incline them to the things of our Faith. XXVIII   Also, we order and command that each and every time any person vacates the Indians he has in encomienda, either by death or for some other reason for which he may deserve to lose them, the person to whom we grant the said estate in encomienda shall be obliged to purchase it from the one who has vacated the said Indians, or from his heirs, and it shall be appraised under oath by two persons who are acquainted with it, to be named by you, the said Admiral, judges, and officers; and the said owner shall be obliged to sell it at their appraisal, so that the said Indians do not have to change their residence, because the persons to whom they are given [in encomienda] must be residents of the community to which the said Indians were allotted.               XXIX Also, we order and command that in each community of the said Island there shall be two visitors in charge of inspecting the whole community, together with its mines and estates, its shepherds and swineherds, and they shall ascertain how the Indians are being taught in the things of our Faith, and how their persons are being treated, and how they are being maintained, and how they or the persons who have them in charge are obeying and fulfilling these our ordinances, and all the other things that each of them is obliged to do; and we command them to have particular care in all this, and we charge their consciences with it. XXX Also, we order and command that the said visitors shall be selected and named by you, the said Admiral, judges, and officers, in the form and manner you think best, provided they are selected from among the oldest inhabitants of the communities in which they are to serve; and we command that they shall be given and assigned some Indians in encomienda, in addition to those given them for their responsibility and work in the use and exercise of the said office; and these Indians shall be chosen by you, the said Admiral, judges, and officers; and it is our will that if the said visitors should become negligent in enforcing the said ordinances, or if any of them fail to carry out the aforesaid, especially in the matter of subsistence and hammocks, their own Indians that they have in encomienda shall on that account be removed from them. XXXI   Also, we order and command that the said visitors shall be obliged twice a year to inspect all the places where there are Indians of their charge, once at the beginning of the year, and again at the middle; and we command that one of them alone shall not make the inspection both times, but each one once, so that each may know what the other is doing and so that everything may be done with the necessary care and diligence. XXXII Also, we order and command that no visitor shall bring to his house or estate any lost or runaway Indians he finds in the estates or elsewhere, but that immediately upon finding them he shall deposit them with a person of good conscience whom he shall select; but first he shall endeavor to discover who their master is, and when he has done so he shall deliver the Indians to him at once; otherwise, they shall be deposited as prescribed until the said master is found, on pain that the visitor who is discovered with an Indian in his possession or in his house shall lose an Indian of his own, to be given to his accuser, and the said runaway Indian taken by the visitor shall be restored to his master. XXXIII   Also, we order and command that the said visitors shall be obliged to have and keep in their possession a copy of these our ordinances, signed by the said Admiral, judges, and officers, together with the instructions that we command you, the said Admiral, judges and officers, to give them, by which they may the better know what they must do, observe, and obey; and upon the visitor who fails to obey, the aforesaid penalties shall be executed.   XXXIV Also, we order and command that you, the said Admiral, judges, and officers, shall inquire once every two years into the way in which the said visitors are fulfilling their duties, and you shall have their residencias [appraisals of performance in office] taken, in which it shall be ascertained how they have enforced these ordinances, each according to his obligation. And we command that the said visitors shall be obliged, at the time of their residencias, to give you, the said Admiral, judges, and officers, a very complete accounting of all the Indians and their number, each reporting for the place in his charge, and how many have been born and how many have died in those two years, so that the said Admiral, judges, and officers may send us an accounting of it all, which shall be signed by you and the visitors, to the end that I may be well informed of everything. XXXV Also, we order and command that no inhabitant or resident of the said communities of the said Island of Española, or of any other island, shall have in encomienda, by grant or otherwise, more than a hundred and fifty Indians, or fewer than forty. Therefore, I command you, our said Admirai, judges, and officers, and each and every one of you, present and future, and all other persons whatsoever to whom the contents of these ordinances may apply, to consider the ordinances incorporated above and those others mentioned, and to observe and obey them, and to have them observed and obeyed and executed completely, each according to its contents; and you shall execute and cause to be executed the penalties upon such as incur them; and also, you shall observe and obey the said ordinances yourselves, according to the manner and form prescribed therein, under the penalties stated. Moreover, in case of disobedience, you shall incur the loss of the Indians you have in encomienda, and they shall be considered vacated, so that we may assign them to whomsoever we please; and you shall not act counter to their tenor and form, nor shall you permit them to be violated at any time or in any way. And if, in order to fulfill and execute the aforesaid, you should have need of favor and aid, I hereby command all town councils, justices, regidores, knights, squires, officers, and citizens of the said Island of Española to render you such favor and aid as you shall demand of them, under whatever penalties that you in our name shall impose, which by these presents I impose and consider imposed; and I hereby give you authority to execute them upon all those who fail to obey you. Also, so that this my letter may be brought to the attention of all, and that none may plead ignorance of it, I command that it be read in the squares and markets and other customary places of the said Island of Española by the public crier, in the presence of a notary and witnesses, none of whom shall disobey it in any way, on pain of my displeasure and 50,000 maravedís for my treasury [272 maravedís = 1 peso = 1 ounce of silver], to be levied against each offender. Moreover, I command him who shows them this my letter to cite them to appear before me at my court, wherever I may be, within one hundred days of the time they are cited, under the said penalty; and, also under the same penalty, I command any notary who should be called upon to do so, to give testimony thereof signed with his rubric, so that I may know how my command is being observed. Done in this City of Burgos, December 27, 1512. I, THE KING I, LOPE CONCHILLOS, Secretary to the Queen, our Mistress THE BISHOP OF PALENCIA-Count [of Pernia]

  • Capitulations of Santa Fe

    Capitulations of Santa Fe April 17, 1492 Capitulations of Santa Fe The things requested and which Your Highnesses grant and bestow upon Christopher Columbus in some satisfaction for what he is to discover in the Ocean Seas, from the voyage that he is now, with God's help, to make through them in the service of Your Highnesses, are the following: Firstly, that Your Highnesses, as lords of the said Ocean Seas, hereby appoint the said Christopher Columbus as your Admiral in all those islands and mainland territories that may be discovered or conquered by his hand or industry in the said Ocean Seas, for his lifetime, and, after his death, to his heirs or successors, from one to another perpetually, with all those preeminences and prerogatives pertaining to such office, as Don Alonso Enríquez, your High Admiral of Castile, and the other predecessors in the said office, held in their districts. So pleases Your Highnesses. Juan de Coloma. Furthermore, Your Highnesses appoint the said Christopher Columbus as your viceroy and governor-general in the said islands and mainland territories, which, as stated, he may discover or conquer in the said seas, and that for the governance of each and every one of them he shall elect three persons for each office, and that Your Highnesses shall take and choose one, the one most suitable to your service, and thus the lands that our Lord may allow him to find and conquer in the service of Your Highnesses shall be better governed. So pleases Their Highnesses. Juan de Coloma. Item, that all and any merchandise, whether precious pearls, gold or silver, spices, and any other things and merchandise of any kind, name, and manner whatsoever, that may be bought, bartered, found, acquired, and possessed within the limits of the said admiralty, which Your Highnesses hereby grant to the said Don Cristóbal, and wish that he may have and take for himself one-tenth of all of it, less the costs incurred therein; so that of what remains clear and free, he may have and take one-tenth for himself and do with it as he pleases, the other nine parts remaining for Your Highnesses. Pleases Their Highnesses. Juan de Coloma. Furthermore, if, because of the merchandise he will bring from the said islands and lands, which, as stated, will be won and discovered, or from those taken here in exchange for those from other merchants, any dispute should arise in the place where the said trade and commerce will be conducted, then if, by virtue of the preeminence of his office as Admiral, it belongs to him to hear such a dispute, it pleases Your Highnesses that he or his lieutenant, and no other judge, hear the dispute and so provide from now on. May it please Your Highnesses if it belongs to the said office of Admiral, as it did for the said Admiral Don Alonso Enríquez, and his predecessors in their districts, and if it is just. Juan de Coloma. Item, that in all the ships that may be armed for the said trade and business, each and every time and as many times as they are armed, that the said Don Cristobal may, if he so desires, contribute and spend one-eighth of all that is spent on the outfitting, and that he also shall have and take the profit of one-eighth of what results from the said fleet. Pleases Their Highnesses. Juan de Coloma. They are granted and dispatched, with Your Highnesses' replies at the end of each chapter, in the town of Santa Fe de la Vega de Granada, on the 17th of April in the year of the birth of Our Savior Jesus Christ 1492. I, the King. I, the Queen. By order of the King and Queen, Juan de Coloma. Registered, Calcena. This document appears in the Compendium: Chapter 1 Capitulations of Santa Fe — April 17, 1492 Annotation: The Capitulaciones de Santa Fe (1492) is the formal agreement between Christopher Columbus and the Catholic Monarchs, outlining the terms of his voyage, including titles, governance, and a share of profits from any lands discovered. It provides a primary record of how Spain officially authorized and incentivized overseas exploration, establishing Columbus’s authority and the framework for his expeditions. Authors: Ferdinand II of Aragon — José de Madrazo ca. 1848 Isabella of Castile — José de Madrazo ca. 1848 Recipient: Christopher Columbus — Sebastiano del Piombo 1519 Transcript Source: https://www.cultura.gob.es/cultura/areas/archivos/mc/archivos/agi/portada.html

  • Balboa’s Letter to the Spanish King

    Balboa's Letter to King Ferdinand II October 16, 1515 Balboa's Letter to King Ferdinand II Most Christian and very powerful Prince, King, our Lord In the month of April 1 of fifteen hundred and fifteen I wrote to Your Majesty a letter, as I have done twice before, letting Your Royal Highness know, what is going on and what has happened since governor Pedro Arias de Avila (Pedrarias) came here with the navy. I also begged your Majesty to send a person to investigate and record what is happening on this land. This land is in such a disarray that it is the duty of Your Royal Highness to remedy this situation before everything is lost. The situation is already in such a horrible condition that the person assigned to fix it should be very careful, and have his eyes wide open. Before, the caciques (native’s chiefs) and natives were like sheep, now they have become like brave lions very daring. They used to come out to the roads and give presents to the Christians, and now they attack and kill Christians. This is due to the bad treatment that captains in these areas have been inflicting on the natives. Without cause or reason the captains kill caciques and natives, rob their estates, enslave their wives, sons and daughters, young and old. They are doing a disservice to the Lord our God and also a disservice to you. Your Royal Highness you have lost a lot of their income, which before was hard to get, and now (if these atrocities had not happened) it would have been much easier to get. This land has great wealth, thank the Lord. If the first captain who committed these crimes, Juan de Ayora, would have been punished for his actions, things would have not gotten so bad. The caciques who were at peace with us, had not done anything to deserve what these captains are doing to them. These captains continue committing crimes to the environment and its native people, destroying properties, stealing, robbing their wealth and enslaving and killing them for no reason at all. In many cases these captains have been given gold, as presents, and not being satisfied with the presents, they take the women and children. I truly certify to Your Majesty, that this has happened and is happening. The caciques have brought gold presents once, twice and three times to these captains, then feed them, and the captains still send soldiers where the women and the gold were and steal everything, and make them slaves. These captains do not have any concern or respect for the natives. There have been cases that a cacique brought eight thousand pesos in gold, and the captains not being satisfied, send another party and take another three thousand pesos in gold, then their women and children and make them slaves. This document appears in the Compendium: Chapter I Letter sent by Vasco Nuñez de Balboa to King Ferdinand II October 16, 1515 ( https://exhibits.library.illinois.edu/s/rbml/item/3602 ) Annotation: Written to King Ferdinand II, Balboa’s letter recounts his crossing of the Isthmus of Panama, the sighting of the “South Sea,” the surrounding lands, the customs and appearance of Indigenous peoples, and the presence of gold and other resources, offering a firsthand report on his expedition and the newly encountered territories. 18th Century Engraving Author: Vasco Núñez de Balboa — ca. 1791 Transcript Source: https://www.sandiego.gov/sites/default/files/item-401-balboa-statue-a-transcripcion-rev-c-1-balboas-letter-jesusb-eng_0.pdf   These and other very serious cases have occurred without any punishment to the captains. This is the reason why there is no longer a peaceful cacique or native on this land, except for the cacique Careta who lives near us. Please, all powerful Sir, it would have been good if Your Majesty had sent a person to observe and report these crimes. Once aware of what has happened, and having this knowledge, Your Royal Highness would have made the right choices, because, to tell you the truth, All Mighty Sir, if things continue this way, the way thing are going right now, in a year, nothing will be left and the land will be so desolate that it would not be possible to remedy and return it to the way it was, even if Your Highness send another forty thousand gold pesos as they have already spent up to now in defending the coast, salaries and other expenses. Take into account that they have not made any progress since the navy arrived. I would like to inform Your Majesty that the cost of keeping Your Highness' land in this area, is about one fifth of the sixty thousand pesos of gold, that you send each year. This area needs a better way of collecting income. I can assure Your Highness that you will receive very little gold from this area due to the way that is governed right now. There are many governors and each one of them seeks to assist and take care of their relatives, not caring of what is happening to this land. I am telling you this, Your Royal Highness, because you ought to know and make changes. Earlier, I have written to Your Highness, informing you that there would be great confusion if Your Royal Highness' officials do not know and understand your orders of how to govern. It is better if you are specific in your orders and not give them room for different interpretations. If I would tell you all the things that are happening here, I would frighten Your Highness. They blame and say bad things about each other and there is very little agreement of what should be done. Each day there are thousands of changes made that contradict each other. Each one wants changes that are more convenient and beneficial for himself. Had it not been for the Bishop's involvement there would have been many more problems. The Bishop continues to fight for Your Royal Highness and for what belongs to you. He advises them and tells them what is on his mind, then from the pulpit he rebukes them a thousand times, to no avail. I would like to inform Your Majesty that one hundred men who are paid salary, each one seeks to take the most that he can for himself, as does the governor as well as the officers. If they bribe some other people it is not known so far. Time will only tell. What is known is that they pay some gossipers, officers and some men to guard the governor, the rest is used among themselves. I am telling things that had to be told about them. I beg Your Highness, to send some solution soon before this land is wasted. Very powerful Lord, what happened after I wrote Your Majesty, is that a captain left this area towards the Urabá sierras and walked inland for twenty leagues with up to one hundred and twenty men. The natives killed the captain and more than fifty other men drowned. The others came baffled and confused; they brought with them three thousand gold pesos. Another captain went to Pearl Island, in the Gulf of San Miguel, rich in pearls, with up to eighty men. The natives killed twenty-five of them and the rest came fleeing here; and in this adventure, Your Majesty has to know, that the greatest cruelty ever committed occurred, not even between Arabs and Christians, in any other generation has this been done. What happened was that on his return this captain with the rest of the Christians soldiers that were left, captured up to one hundred natives, the majority women and boys and they were tied in chains, and the captain, who it is said to be Gaspar de Morales, the servant of the Governor, ordered to decapitate them all, and stab them. That is the way it was done. No captured native survived except the natives who helped the captain and some native women from the rich Pearl Island; after this incident, on their way back, they ran into a cacique and his men and the soldiers killed as many of the natives as they could very cruelly. All this, Powerful Lord, is allowed without punishment, this and many other similar incidents, is the cause for the natives to rise and do what they do, that is kill as many Christians as they can, due to the harm and cruelty that Christians do to them. What happened to this captain at Pearl island is that he arrived with his followers and came upon a native village. They took all they could, the cacique with some of its people returned to the village to fight, but he turned around and was away from the Christians for a few days. During this period of time, the Christians burned half of the houses and the maize that was inside. Then came the cacique in peace and gave them fifteen of sixteen frames of pearls and four thousand gold pesos. The cacique showed them where they collected the pearls, and the captain made the natives collect some more pearls, then made peace. After all this, when the captain arrived here he, without any consciences, made all the natives that he had brought with him from Pearl Island, slaves. I let Your Majesty know that a special pearl was brought from Pearl Island, among the others, which weighed ten tomines, perfect shape, without any marks or taint, very nice color, luster and size, which, in truth, ] this gem belonged to Your Majesty, since this is your land. It was auctioned for one thousand and two hundred gold pesos, it was bought by a merchant, then given to the governor. The officers of Your Royal Highness, it seems to me that they didn't want to have it, because they said they had no money; they could have bought it if they wanted to, but what we believe around here is that they want to continue receiving the payment of their wages of gold that they now have from the land. If they have to give account of their wealth before Your Highness, you will be able to discover their wealth, sooner than they realize. Your Highness, you will be able to see this with time. The shape and size of the pearl is as drawn, and is highly pierced in the nipple area. A captain is lost with one hundred and forty men in the area of the Gulf of Urabá. He entered via Caribana and went via of the Zenú; nothing is known of him or what happened to him; some have gone two or three times with a brig to the coast where he entered, and stayed there for two or three days. Then they returned with no news. I let Your Royal Majesty know that this was an adventure well out of reason and the cause is that the people were very skinny and most of them useless, more over they had been thrown out of this part of the gulf and they had no ship waiting for them to return. This is a land where they have to leave, within a few days or you do not have a chance to survive, unless God have pity on you. There is very little hope that they will get back the way things are in this land. This adventure has been like one who sends cattle to the slaughter. Our Lord have pity on their souls. Another two captains are also lost, they went to the coast of Veragua, God Bless them, to get into the provinces of Coiba and Panama towards the South Sea; they left a long time ago and nobody has heard from them. May God guide them. Know Your Royal Highness that these two captains were sent with God knows what intentions, because they were sent on this adventure after Your Royal Majesty's provisions arrived, making me governor of those provinces. Your Royal Highness, they are doing God knows what Mighty Lord: in the month of June 1515 I wrote to Your Majesty, letting you know how I was going to go to the province of Dabaibe with two hundred men. The goal, God willing, was to reach where we believe that most of the wealth is located. Your Royal Highness will know that I left with one hundred and ninety men, and went to the province of Dabaibe. We came into a main village, and as soon as the saw us the natives fled. We caught some of the natives so that they could lead us by land to the village of the cacique Dabaibe. Likewise, when they saw us arrive, the natives fled. Again, we caught a few natives so that we could get information of the mines that are further inland. This is where the Dabaibe get their gold. They said that it is true, and that there are large mines further inland, some ten days’ journey from here. That all the caciques get their gold from there. I sent messages several times to the cacique to come and talk with me, but even though I waited there for ten days the cacique didn’t come. Mighty Lord: the reason that I returned was that in all the land of Dabaibe there was no food to be found due to a locust infestation that destroyed the whole area. I wanted to go further inland, but to do that, I had to leave sixty or seventy men to take care of the ships, and there was no food to be found. That forced me to return to Darien, and it was the right thing to do because in all that land now there is nothing to eat, because of the locust infestation. Also, the natives are very wary and afraid of Christians and farm very little since they are not stable in their villages. This is due to another captain who came to Cuqueri and did a lot of damage to a cacique that is two days from Dabaibe. This is the reason the natives of Dabaibe were wary, afraid and jittery. We left from there up the river to find food. We left the ships there to go inland, up the river. We agreed that the majority of the people go to a province that is called Ibebeiba, up the river towards a fishing village that was two days away, and we went our way up the river. Luis Carrillo in a canoe, I was in another canoe and two other canoes. We were about fifty men altogether. Suddenly seven or eight canoes with natives of war came our way. As Christians we are not very good with these canoes, especially those men that recently came from Castile. The natives gave us a melee with their weapons [in parenthesis: rods/sticks], and before we could react to the attack thirty men were wounded, many of them with four and five wounds. I was injured in the head so badly that I was in great danger of dying, now I am healthy again, thanks God. The canoe that I was travelling in was lost, because we were not able to reach land and was forced to abandon it. Luis Carrillo and the other two canoes were able to reach land and there they defended themselves. I pray to Our Lord for Luis Carrillo who died from a hit to his chest as well as two other men. After this happened, we went back to where the other people were and found them in much need of supplies and we were not able to help. Seeing the situation and the few supplies left throughout the land due to the locust, we agreed to move on. It may happen that most of the people here may not survive the hunger. Mighty Lord: although this has happened, we do not have to lose the hope that we had before, because now we know with certainty the wealth in this part of the land, that we didn’t know before, and with better planning, ships and supplies we can return to that area of the land, pleasing God. I believe that the governors and the captains will write to Your Majesty about this incident, and I implore Your Royal Majesty to give credit to reason where envy and malice dwells. Mighty Lord: so that Your Majesty is not deceived, I, as a very loyal and very true servant and a person who is obliged to Your Royal service all the days that I have lived and that I may continue living. I am grateful to Your Majesty for all the favors that I have received, and I hope you will continue making with good health and long life of Your Royal Highness, by which I kiss your very loyal hands and feet. I would like to demystify and let you know, the things that are happening on this land, with respect to the things that Governor Pedrarias de Avila does, so that Your Majesty do whatever is appropriate. With regard to the governor, although he is an honest man, Your Highness will know that he is too old for this land and he has been ill with various diseases. He has never been in good health for a single day since the first day he arrived here. He is a man of fast action and excess. He is a man who has no pity for anybody, even if half the people get lost in the jungle. He has never punished anybody for the damage and deaths that his men have caused in the jungle to caciques and natives. He has ceased to punish very clear cases from theft of gold and pearls that his captains have stolen from the natives. There was a captain that gave the governor six hundred gold pesos from what he had stolen and nobody said anything about it or knows why. He allowed this captains and others to go back to Castile. Publicly they talked about these thefts. We have seen many times that if somebody of the people that went with the captains complained, they would be punished so badly that others would not dare to complain; in reference to stealing I will have to say that the truth is hard to get and nothing is certain. The governor is a person that very much likes to see discord between people; and if there is no discord, he will make it up, saying evil things of one to the other; this is his personality. He is a man who in his greedy mind will not remember that he is the governor, he does not understand any other thing but greed. He doesn’t care about the people, as if he was not the governor. In government and people matters it would be necessary for him to have more training and advice, but if you advise him, he believes that you are trying to trick him. He gives little credit to most people, unless he gets something of interest for himself from those people. He has demonstrated many times his hate for aldermen because they said things at the service of Your Highness and the common good of the republic. Also he is against any person that contradicts him. As a matter of fact, in matters of Your Majesty’s interests in this land, he cares very little nor he agrees with you. He is a man in who envy and greed runs the world. He greatly resents friendship between well to do people; it makes him happy see and hear tales and fables from others, He is a man who gives credit to the things of evil before he gives credit to things well done or the ones that could be credited. He is a person without any regiment and without any ingenuity in matters of governing. He is a man who clearly is delaying and forgetting everything to the service of Your Highness and things of his own honor in exchange for a single gold peso in his pocket. Finally, to be tidy, I wish to make it known to your Royal Highness that there are many other infinite things that are consistent of his bad behavior and he should not be in charge of such an honored position to govern and administer people. I am begging Your Majesty, for me not to be blamed for the things that are happening here, please send people to take testimony of the things that I have been saying, from the people that return from this part of the world, and Your Highness will clearly see that everything that I said is true. With regard to this land, I let Your Majesty know that it is very rich, and immensely large, as I have written to Your Royal Highness other times. We have seen this land with our own eyes, it is true. I believe that the governors and officers of Your Highness must have written otherwise about this land, and I let Your Majesty know that they are concealing their bad administration to Your Royal Highness. You should be certain and without any doubt that they have been disserving you to such a great extent that even if they were foreigners of the Kingdoms of Castile, they could not have done it any worse, even if they tried. By the way, Mighty Lord, even if they had many incomes sources, there would not be sufficient money to pay for what they have destroyed and consented to steal and destroy, because Your Highness they really have destroyed the best people, caciques and natives that there were in the Espanola Island, and other islands and lands of the Indies that were found. The most beautiful land, the healthier natural environment ever seen in the whole world; I certify to Your Majesty that is true, that this new land and the South Sea are the most beautiful, magnificent and healthy that has ever been seen in the Indies, in the islands and the mainland, I have seen it all, and I will be able to certify to Your Royal Highness because I know this land [...]. I pleaded earlier to Your Majesty, and I plead again for you to send people to investigate this information from the people returning from this part of the world to the House of Contracts (Casa de la Contratacion) in Seville or any other place where Your Royal Highness may be best served, to remove any doubts from your mind. May Our Lord give Your Majesty life, prosperity and many more Kingdoms and Dominions. Santa Maria de la Antigua, today Tuesday, XVI of October of the year MDXV. I kiss Your Royal feet and hands Vasco Núñez de Balboa, Advance

  • Inter caetera by Pope Alexander VI (May 4, 1493)

    Inter caetera by Pope Alexander VI May 4, 1493 Inter Caetera Alexander, bishop, servant of the servants of God, to the illustrious sovereigns, our very dear son in Christ, Ferdinand, king, and our very dear daughter in Christ, Isabella, queen of Castile, Leon, Aragon, Sicily, and Granada, health and apostolic benediction. Among other works well pleasing to the Divine Majesty and cherished of our heart, this assuredly ranks highest, that in our times especially the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, that the health of souls be cared for and that barbarous nations be overthrown and brought to the faith itself. Wherefore inas- much as by the favor of divine clemency, we, though of insufficient merits, have been called to this Holy See of Peter, recognizing that as true Catholic kings and princes, such as we have known you always to be, and as your illustrious deeds already known to almost the whole world declare, you not only eagerly desire but with every effort, zeal, and diligence, without regard to hardships, expenses, dangers, with the shedding even of your blood, are laboring to that end; recognizing also that you have long since dedicated to this purpose your whole soul and all your endeavors–as witnessed in these times with so much glory to the Divine Name in your recovery of the kingdom of Granada from the yoke of the Saracens–we therefore are rightly led, and hold it as our duty, to grant you even of our own accord and in your favor those things whereby with effort each day more hearty you may be enabled for the honor of God himself and the spread of the Christian rule to carry forward your holy and praiseworthy purpose so pleasing to immortal God. We have indeed learned that you, who for a long time had intended to seek out and discover certain islands and mainlands remote and unknown and not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and the profession of the Catholic faith their residents and inhabitants, having been up to the This document appears in the Compendium: Chapter 1 Inter Caetera — May 4, 1493 Annotation: Issued in 1493, Pope Alexander VI grants Spain rights to lands “discovered” west of a line of longitude while recognizing prior Portuguese claims to lands east of it. Written in Latin, this bull established the principle that non-Christian lands could be claimed by European powers, forming the basis for future colonization of the Americas. Author: Portrait of Pope Alexander VI — Pedro Berruguete c. 1495 (Vatican Museums) Transcript Source: Frances Gardiner Davenport, ed., European Treaties bearing on the History of the United States and its Dependencies to 1648 (Washington, D.C.: Carnegie Institution of Washington, 1917), 61–63. present time greatly engaged in the siege and recovery of the kingdom itself of Granada were unable to accomplish this holy and praiseworthy purpose; but the said kingdom having at length been regained, as was pleasing to the Lord, you, with the wish to fulfill your desire, chose our beloved son, Christopher Columbus, a man assuredly worthy and of the highest recommendations and fitted for so great an undertaking, whom you furnished with ships and men equipped for like designs, not without the greatest hardships, dangers, and expenses, to make diligent quest for these remote and unknown mainlands and islands through the sea, where hitherto no one had sailed; and they at length, with divine aid and with the utmost diligence sailing in the ocean sea, discovered certain very remote islands and even mainlands that hitherto had not been discovered by others; wherein dwell very many peoples living in peace, and, as reported, going unclothed, and not eating flesh. Moreover, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, the Creator in heaven, and seem sufficiently disposed to embrace the Catholic faith and be trained in good morals. And it is hoped that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be introduced into the said countries and islands. Also, on one of the chief of these aforesaid islands the said Christopher has already caused to be put together and built a fortress fairly equipped, wherein he has stationed as garrison certain Christians, companions of his, who are to make search for other remote and unknown islands and mainlands. In the islands and countries already discovered are found gold, spices, and very many other precious things of divers kinds and qualities. Wherefore, as becomes Catholic kings and princes, after earnest consideration of all matters, especially of the rise and spread of the Catholic faith, as was the fashion of your ancestors, kings of renowned memory, you have purposed with the favor of divine clemency to bring under your sway the said mainlands and islands with their residents and inhabitants and to bring them to the Catholic faith. Hence, heartily commending in the Lord this your holy and praiseworthy purpose, and desirous that it be duly accomplished, and that the name of our Savior be carried into those regions, we exhort you very earnestly in the Lord and by your reception of holy baptism, whereby you are bound to our apostolic commands, and by the bowels of the mercy of our Lord Jesus Christ, enjoy strictly, that inasmuch as with eager zeal for the true faith you design to equip and despatch this expedition, you purpose also, as is your duty, to lead the peoples dwelling in those islands and countries to embrace the Christian religion; nor at any time let dangers or hardships deter you therefrom, with the stout hope and trust in your hearts that Almighty God will further your undertakings. And, in order that you may enter upon so great an undertaking with greater readiness and heartiness endowed with benefit of our apostolic favor, we, of our own accord, not at your instance nor the request of anyone else in your regard, but out of our own sole largess and certain knowledge and out of the fullness of our apostolic power, by the authority of Almighty God conferred upon us in blessed Peter and of the vicarship of Jesus Christ, which we hold on earth, do by tenor of these presents, should any of said islands have been found by your envoys and captains, give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, together with all their dominions, cities, camps, places, and villages, and all rights, jurisdictions, and appurtenances, all islands and mainlands found and to be found, discovered and to be discovered towards the west and south, by drawing and establishing a line from the Arctic pole, namely the north, to the Antarctic pole, namely the south, no matter whether the said mainlands and islands are found and to be found in the direction of India or towards any other quarter, the said line to be distant one hundred leagues towards the west and south from any of the islands commonly known as the Azores and Cape Verde. With this proviso however that none of the islands and mainlands, found and to be found, discovered and to be discovered, beyond that said line towards the west and south, be in the actual possession of any Christian king or prince up to the birthday of our Lord Jesus Christ just past from which the present year one thousand four hundred ninety-three begins. And we make, appoint, and depute you and your said heirs and successors lords of them with full and free power, authority, and jurisdiction of every kind; with this proviso however, that by this our gift, grant, and assignment no right acquired by any Christian prince, who may be in actual possesssion of said islands and mainlands prior to the said birthday of our Lord Jesus Christ, is hereby to be understood to be withdrawn or taking away. Moreover we command you in virtue of holy obedience that, employing all due diligence in the premises, as you also promise–nor do we doubt your compliance therein in accordance with your loyalty and royalgreatness of spirit–you should appoint to the aforesaid mainlands and islands worthy, Godfearing, learned, skilled, and expeienced men, in order to instruct the aforesaid inhabitants and residents in the Catholic faith and train them in good morals. Furthermore, under penalty of excommunication “late sententie” to be incurred “ipso facto,” should anyone thus contravene, we strictly forbid all persons of whatsoever rank, even imperial and royal, or of whatsoever estate, degree, order, or condition, to dare without your special permit or that of your aforesaid heirs and successors, to go for the purpose of trade or any other reason to the islands or mainlands, found and to be found, discovered and to be discovered, towards the west and south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the mainlands and islands, found and to be found, lie in the direction of India or toward any other quarter whatsoever, the said line to be distant one hundred leagues towards the west and south, as is aforesaid, from any of the islands commonly known as the Azores and Cape Verde; apostolic constitutions and ordinances and other decrees whatsoever to the contrary notwithstanding. We trust in Him from whom empires and governments and all good things proceed, that, should you, with the Lord’s guidance, pursue this holy and praiseworthy undertaking, in a short while your hardships and endeavors will attain the most felicitious result, to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree, that to? copies of them, signed by the hand of a public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents should they thus be exhibited or shown. Let no one, therefore, infringe, or with rash boldness contravene, this our recommendation, exhortation, requisition, gift, grant, assignment, constitution, deputation, decree, mandate, prohibition, and will. Should anyone presume to attempt this, be it known to him that he will incur the wrath of Almighty God and of the blessed apostles Peter and Paul. Given at Rome, at St. Peter’s, in the year of the incarnation of our Lord one thousand four hundred and ninety-three, the fourth of May, and the first year of our pontificate.

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