Virgin Spain : $b Scenes from the spiritual drama of a great peopleFrank, Waldo David
History
Virgin Spain : $b Scenes from the spiritual drama of a great people
Frank, Waldo David
Spain
Vitoria expands his thesis. There exists this same divine law--_jus
inter gentes_--between all States. The States are interdependent. There
is a _societas naturalis_, a natural Society of Nations. The link is
God. Free to the Spaniard to assume that God’s agent in the link be the
king of Spain. The world is one society: and between peoples of one
society peaceful intercourse may not be forbidden. France may not impede
a Spaniard from visiting France, even from settling in France, provided
he violate no law and cause no damage. If this is true between Frenchman
and Spaniard, it is true between American and European. Through the fact
of their civil rights in a society of nations the Indian cannot exclude
the Spaniard. There exists therefore _jus communicationis_: the right of
immigration. There exists also the freedom of the seas. Spain stands
justified in her American penetration.
We are at the mere beginning of Vitoria’s subtle structure. _Jus
commercii_--the right of commerce--applies not only to the exchange of
merchandise between free peoples, but as well to the exchange of ideas.
The Spaniard has the right to preach the Gospel to the Indian. The
Indian has the right to preach heathenism to the Spaniard. Either may
resist conversion (even as either may decline to purchase proffered
goods).
Since no State may prevent a stranger from settling on its lands, nor
even from becoming a lawful national, here are the Spaniards legally at
home in the Americas. But strong Powers must defend by arms the menaced
liberties of smaller States. That is a prerogative of a true society of
nations. How much more readily therefore shall strong Powers defend the
menaced liberties of individuals in every State! All States are “organs
of human justice.” Spain shall protect the innocent from “religious
sacrifice” and “from cannibalism in America.” If need be, to protect the
innocent, a State may subjugate wholly an unjust nation.
The theologian brings to Spain her “cosmic place” in the Americas as
Christ’s agent in the society of nations. But this is not enough. That
she may be at peace in Zion, she must be alone. So Vitoria evolves in
1500 the modern theory of “spheres of influence.” Pope Alexander was
_divinely_ just in submitting to Spain and Portugal, as God’s best
tools, the mission of Christianizing the Americas. But the Pope had no
_human_ right to partition the property of the red man. Vitoria with all
the Dominicans behind him stands against Pope and king: declaring that
“the Indian has as much right to possess property as the Catholic
peasant.” The Indians, he holds, are potential equals of the Spaniards.
They have the right to plebiscite. A majority of their votes alone can
justify America’s _annexation_ to the empire of Spain. Beyond the divine
and human privileges that are general in a society of nations, “Spain
must commit no act in the New World, except by treaty.”
Public-domain text, read in full here on John Shaqi.
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