The Atlantic Monthly, Volume 10, No. 58, August, 1862: A Magazine of Literature, Art, and PoliticsVarious
Science
The Atlantic Monthly, Volume 10, No. 58, August, 1862: A Magazine of Literature, Art, and Politics
Various
American periodicals
The memory of Las Casas ought to be cherished by every true democrat
of these later times, for he announced, in his quality of Protector of
the Indian, the principles which protect the rights of all men against
oppressive authority. He was eager to convince a despotic court that
it had no legal or spiritual right to enslave Indians, or to deprive
them of their goods and territory. In framing his argument, he applied
doctrines of the universal liberty of men, which are fatal to courts
themselves; for they transfer authority to the people, who have the
best of reasons for desiring to be governed well. It is astonishing
that the republicanism of Las Casas has not been more carefully noted
and admired; for his writings show plainly, without forced
construction or after-thought of the enlightened reader, that he was
in advance of Spain and Europe as far as the American theory itself
is. Our Declaration of the Rights of Man shows nothing which the first
Western Abolitionist had not proclaimed in the councils and
conferences of Seville.
It is worth while to show this as fully as the purpose of this article
will admit. One would expect to find that he counselled kings to
administer their government with equal regard to the little and the
great, the poor and the rich, the powerful and the miserable; for this
the Catholic Church has always done, and has held a lofty theory
before earthly thrones, not-withstanding its own ambitious
derelictions. But Las Casas tells the Supreme Council of the Indies
that no charge, no servitude, no labor can be imposed upon a people
without its previous and voluntary consent; for man shares, by his
origin, in the common liberty of all beings, so that every
subordination of men to princes, and every burden imposed upon
material things, should be inaugurated by a voluntary pact between the
governing and the governed; the election of kings, princes, and
magistrates, and the authority with which they are invested to rule
and to tax, anciently owed their origin to a free determination of
people who desired to establish thereby their own happiness; the free
will of the nation is the only efficient cause, the only immediate
principle and veritable source of the power of kings, and therefore
the transmission of such power is only a representative act of a
nation giving free expression to its own opinion. For a nation would
not have recourse to such a form of government, except in accordance
with its human instinct, to secure the advantage of all; nor does it,
in thus delegating power, renounce its liberty, or have the intention
of submitting to the domination of another, or of conceding his right
to impose burdens and contributions without the consent of those who
have to bear them, or to command anything that is contrary to the
general interest. When a nation thus delegates a portion of its power
to the sovereign, it is not done by subscribing any written contract
or transaction, because primitive right presides, and there are
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