three reasons why the French and Spanish introduced slave laws to regulate the lives of enslaved men and women
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Slavery in the Spanish American colonies was an economic and social institution which existed throughout the Spanish Empire. In its American territories, it initially bound indigenous people and later slaves of African origin.
The Spanish progressively restricted and outright forbade the enslavement of Native Americans in the early years of the Spanish Empire with the Laws of Burgos of 1512 and the New Laws of 1543. The latter led to the abolition of the Encomienda, private grants of groups of Native Americans to individual Spaniards and their Mestizo descendants.[1] The implementation of the New Laws and liberation of tens of thousands of Native Americas led to a number of rebellions and conspiracies by "Encomenderos" (Encomienda holders) which had to be put down by the Spanish crown.[2] Asians (chinos) in colonial Mexico had the same status as Native Americans and thus were forbidden to be enslaved by law.[3]
Spain had a precedent for slavery as an institution since it had existed in Spain itself since the times of the Roman Empire. Slavery also existed among Native Americans of both Meso-America and South America. The Crown attempted to limit the bondage of indigenous people, rejecting forms of slavery based on race. Spaniards regarded indigenous forced labor and tribute as rewards for participation in the conquest and the Crown gave some conquerors encomiendas. Formally, the indigenous people held in encomienda were not slaves, but their labor was mandatory and coerced.[2] With the collapse of indigenous populations in the Caribbean, where Spaniards created permanent settlements starting in 1493, Spaniards raided other islands and the mainland for indigenous people to bring to Hispaniola as slaves. With the rise of sugar cultivation as an export product, Spaniards increasingly utilized enslaved Africans for labor on commercial plantations.[4] Although plantation slavery in Spanish America was one aspect of slave labor, urban slavery in households, religious institutions, textile workshops (obrajes), and other venues was also important.[5]
Spanish slavery in the Americas diverged from other European colonies in that it took on an early abolitionist stance towards Native American slavery. Although it did not directly partake in the trans-Atlantic slave trade, black slaves were sold throughout the Spanish Empire, particularly in Caribbean territories. This trade helped transfer American wealth to Europe and promoted racial hierarchies (castas) throughout the empire.[6] Spanish slave owners justified their wealth and status earned at the work of the mines at the expense of captive workers by considering them inferior beings with limited capacities and holding them as personal property (chattel slavery), often under barbarous conditions.[7] Spanish colonization set some egregious records for slavery.[8] The Asiento de Negros, the official contract for trading in slaves in the vast Spanish America was a major engine of the Atlantic slave trade. When Spain first enslaved Native Americans on Hispaniola, and then replaced them with captive Africans, it established unfree labor as the basis for colonial mass-production. Subsequently, in the mid-nineteenth century when most countries in the Americas reformed to disallow chattel slavery, Cuba and Puerto Rico – the last two remaining Spanish American colonies – were among the last, followed only by Brazil.[a][9]
Enslaved people challenged their captivity in ways that ranged from introducing non-European elements into Christianity (syncretism) to mounting alternative societies outside the plantation system (Maroons). The first open black rebellion occurred in Spanish plantations in 1521.[10] Resistance, particularly to the enslavement of indigenous people, also came from Spanish religious and legal ranks.[11] The first speech in the Americas for the universality of human rights and against the abuses of slavery was also given on Hispaniola, a mere nineteen years after the first contact.[12] Resistance to Amerindian captivity in the Spanish colonies produced the first modern debates over race and the legitimacy of slavery.[b] And uniquely in the Spanish American colonies, laws like the New Laws of 1542, were enacted early in the colonial period to protect natives from bondage.[13][14] To complicate matters further, Spain's haphazard grip on its extensive American dominions and its erratic economy acted to impede the broad and systematic spread of plantations operated by slave labor. Altogether, the struggle against slavery in the Spanish American colonies left a notable tradition of opposition that set the stage for current conversations about human rights.
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