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Collection

Early Contact
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Examines Spanish justifications, brutality, and legal debates over indigenous rights, from Columbus and the Requerimiento to Vitoria’s limits on conquest, and de las Casas’ humanization of the native populations.
Curated by Sarah Morgan Smith

Introduction

How to treat the indigenous people became an issue as soon as the Spanish arrived in the Western Hemisphere. In a letter written soon after his first voyage, Christopher Columbus explained how he dealt with the natives and revealed his and Spain’s religious motive for exploring what he conceived to be, in explicitly religious terms, a New World. In addition to the converts to Catholicism that Columbus mentions, the Spanish sought gold. What means were allowable in pursuit of these ends? By what authority did the Spanish make claims on the native people and their land? The Requerimiento provided the official answer to these questions. Whatever the Spanish justifications, the Spanish conquistadores or conquerors proved brutal and rapacious as the conquest continued. The authorities in Madrid did not approve. For example, laws regulating conduct in the conquest were promulgated in 1513 and 1542 (the latter partially repealed in 1545 because of opposition). Christopher Columbus was relieved of command over land he had discovered in part because of his brutality toward both Spanish settlers and the indigenous people. Columbus complained of the injustice of his removal by emphasizing that the New World was not like Spain but was an uncivilized, lawless territory. Francisco de Vitoria, on the contrary, sought to mitigate the harshness of the conquest by arguing that law—civil, natural and divine—should prevail everywhere. He argued for limits on what could legitimately be done to the indigenous people. In doing so, he helped develop just war theory. Despite de Vitoria’s arguments, distance from Madrid, limited means of communication, and the need for colonial wealth reduced the ability and willingness of Spain’s monarchs to control what was done in their name thousands of miles away from their palaces.

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