Legal Status of Different Social Groups in Colonial Spanish America
Legal Status of the People
1) Mestizo
The causes that favored mestizaje (interbreeding) were:
– Lack of Spanish women in the early days of conquest – Absence of strong resentment from Spanish racists – Indian women had no strong sexual taboos
The mixture of indigenous and Spanish resulted in two types of mestizos:
– First degree mestizos: Characterized by an emotional union involving family life, either through marriage or free union. They were educated, spoke Spanish, and contributed to Indian society.
– Second degree mestizos: Family life was absent, and the union was based on sporadic sexual encounters or rape. They were rejected by the Spanish and considered misfits. They were often used as laborers.
General bans applying to second degree mestizos:
– Could not hold public office – Could not join the militia – Were considered unstable and could switch sides – Could not become priests – Could not enter Indian villages unless their mother lived there
2) The Black
Blacks had a dual conception among the Indians. They were considered both movable property (subject to trade, donation, and betting) and human beings with certain rights:
– Could form families – Had the right to moderate punishment – Family units were kept together – Single women were separated from single men – Worked from dawn to dusk
Over time, humanitarian trends emerged:
– Ban on branding with a hot iron – Bartolomé de las Casas advocated for bringing blacks to the Americas to lighten the workload of the indigenous population
Black labor was an element in Indian success:
– Blacks worked willingly – They were adapted to the tropical climate – They were physically strong and muscular
The crown preferred to bring blacks directly from Africa (muzzle blacks) rather than those who had been in Europe (crafty blacks).
Charles IV established other protectionist rules:
– Masters were responsible for feeding slaves and their families – Limited the working day – Masters had to provide separate rooms for men and women – Work assignments were based on age, sex, and physical strength
Blacks were also forbidden from:
– Traveling at night through the city – Carrying arms – Living in Indian villages
3) The Spanish
Rights of the Spanish:
– 1) Good government: The king was expected to rule justly – 2) Just laws: Laws could not contradict rights – 3) Sanctity of mail: Mail could not be opened or destroyed without permission – 4) Freedom of movement: Could move freely except in three cases:
– a) Without a license to travel to the Indies – b) To move freely, taxes had to be paid – c) To move freely, taxes had to be paid
Measures to safeguard the fulfillment of these rights:
– 1) Trial of Recidencia: Indian authorities were subject to a trial at the end of their term to receive complaints – 2) System of checks and balances: Different authorities were allocated different powers (government, justice, war, and finance) as a control measure – 3) Sanctity of correspondence: Correspondence could be used to make allegations – 4) Measures of administrative integrity: Indian authorities were expected to prioritize the general interest and maintain ethical conduct. Gifts from subjects to authorities were forbidden – 5) Personal liberty and personal security: Prisons were required to keep track of detainees, and judges were required to visit prisons
4) The Indian
The crown considered Indians as free vassals, but also as unable, miserable, and rustic. This led to a series of privileges for the indigenous:
– 1) Presumed knowledge of the law – 2) Required to act with representation – 3) Could file evidence past the probative term – 4) Could retract confessions – 5) Should not be forced to declare against their will – 6) Not subject to the court of the Inquisition
The Spanish crown generally accepted Indian customs and rejected them only by exception.
Cases accepted by the crown with limitations:
– 1) Where native custom contradicted natural rights – 2) Where native custom contradicted crown dispositions – 3) Where native custom went against the Roman Catholic religion
Indian customs rejected by the crown:
– 1) Polygamy – 2) Homosexuality – 3) Incest – 4) Human sacrifices – 5) Cannibalism
Indian customs accepted by the crown:
– 1) Mita (a system of shift work) – 2) Community boxes (social security systems for Indians) – 3) The institution of the caciques