Bartolomé de las Casas
The New Laws

In Spain, Las Casas started securing official support for the Guatemalan mission, and he managed to get a royal decree forbidding secular intrusion into the Verapaces for the following five years. He also informed the Theologians of Salamanca, led by Francisco de Vitoria, of the mass baptism practiced by the Franciscans, resulting in a dictum condemning the practice as sacrilegious.

But apart from the clerical business, Las Casas had also traveled to Spain for his own purpose: to continue the struggle against the colonists' mistreatment of the Indians. The encomienda had, in fact, legally been abolished in 1523, but it had been reinstituted in 1526, and in 1530 a general ordinance against slavery was reversed by the Crown. For this reason it was a pressing matter for Bartolomé de las Casas to plead once again for the Indians with Charles V who was by now Holy Roman Emperor and no longer a boy. He wrote a letter asking for permission to stay in Spain a little longer to argue for the emperor that conversion and colonization were best achieved by peaceful means.

When the hearings started in 1542, Las Casas presented a narrative of atrocities against the natives of the Indies that would later be published in 1552 as A Short Account of the Destruction of the Indies. Before a council consisting of Cardinal García de Loaysa, the Count of Osorno, Bishop Fuenleal, and several members of the Council of the Indies, Las Casas argued that the only solution to the problem was to remove all Indians from the care of secular Spaniards, by abolishing the encomienda system and putting them instead directly under the Crown as royal tribute-paying subjects. On 20 November 1542, the emperor signed the New Laws abolishing the encomiendas and removing certain officials from the Council of the Indies. The New Laws made it illegal to use Indians as carriers, except where no other transport was available, it prohibited all taking of Indians as slaves, and it instated a gradual abolition of the encomienda system, with each encomienda reverting to the Crown at the death of its holders. It also exempted the few surviving Indians of Hispaniola, Cuba, Puerto Rico, and Jamaica from tribute and all requirements of personal service. However, the reforms were so unpopular in the New World that riots broke out and threats were made against Las Casas's life. The Viceroy of New Spain, himself an encomendero, decided not to implement the laws in his domain, and instead sent a party to Spain to argue against the laws on behalf of the encomenderos. Las Casas himself was also not satisfied with the laws, as they were not drastic enough and the encomienda system was going to function for many years still under the gradual abolition plan. He drafted a suggestion for an amendment arguing that the laws against slavery were formulated in such a way that it presupposed that violent conquest would still be carried out, and he encouraged once again beginning a phase of peaceful colonization by peasants instead of soldiers.
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