Ruling New World Empires 95 THREE Peninsula and in the Americas
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Bartolome De Las Casas Revisited
Bartolome de Las Casas Revisited Amber Ferris Seminar Paper Presented to the Department of History Western Oregon University in partial fulfillment of the requirements for the degree of Bachelor of Science in History Spring 2009 Approved________________________________________Date___________ Approved________________________________________Date___________ HST 499: Prof. Max Geier & Prof. Narasingha Sil 2 Fray Bartolome de Las Cas O La Proteccion de Los Indios Source: http://libweb.hawaii.edu/libdept/charlotcoll/posada/images/posada/posbib76.gif 3 I Christopher Columbus' discovery of the Americas in 1492 opened a whole new world to the Europeans. The discovered land held new resources, new territory, and new peoples. Conquistadors were enthralled by the lure of gold and territory. But the Spanish government and colonists faced the problem of the nature and status of the people that already inhabited these lands. Were they to be treated as equals, serfs, or slaves? Were they even really people? The answers to these questions were complex and unclear. The Spanish crown made many laws regarding how the natives and colonists should interact, however, much of this legislation was ignored by colonists and conquerors. Most of the colonists were more than happy to exploit the natives, but some religious orders opposed this exploitation. One of the most outspoken defenders of indigenous rights was the Dominican Order. An especially tenacious Dominican defender of natives' rights was Fr. Bartolome de Las Casas, who campaigned for native rights during the early and mid-sixteenth century. As this paper will show, Las Casas’ championship of indigenous rights was shaped by his European heritage. II The Spanish conquest of the New World happened in concurrence with the Renaissance in Europe. -
A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-Circa 1798
THE TULANE EUROPEAN AND CIVIL LAW FORUM VOLUME 31/32 2017 A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-circa 1798 Paul E Hoffman* I. INTRODUCTION ..................................................................................... 1 II. THE ECONOMIC SYSTEM AND LOCAL LAW AND ORDER .................... 4 III. SLAVERY ............................................................................................. 13 IV. CONCLUSION ...................................................................................... 20 I. INTRODUCTION French Louisiana had been a thorn in the flank of Spain’s Atlantic Empire from its founding in 1699. Failure to remove that thorn in 1699 and again in 1716, when doing so would have been comparatively easy and Spanish naval forces were positioned to do so, meant that by 1762 the wound had festered, so that the colony had become what La Salle, Iberville, Bienville, and their royal masters had envisioned: a smuggling station through which French goods reached New Spain and Cuba and their goods—dye stuffs and silver mostly—reached France and helped to pay the costs of a colony that consumed more than it produced, at least so 1 far as the French crown’s finances were concerned. * © 2017 Paul E Hoffman. Professor Emeritus of History, Louisiana State University. 1. I have borrowed the “thorn” from ROBERT S. WEDDLE, THE FRENCH THORN: RIVAL EXPLORERS IN THE SPANISH SEA, 1682-1762 (1991); ROBERT S. WEDDLE, CHANGING TIDES: TWILIGHT AND DAWN IN THE SPANISH SEA, 1763-1803 (1995) (carries the story of explorations). The most detailed history of the French colony to 1731 is the five volumes of A History of French Louisiana: MARCEL GIRAUD, 1-4 HISTOIRE DE LA LOUISIANA FRANÇAISE (1953-74); 1 A HISTORY OF FRENCH LOUISIANA: THE REIGN OF LOUIS XIV, 1698-1715 (Joseph C. -
Antonio De Mendoza; First Viceroy of Mexico. the Tinker Pamphlet
.4. DOCUMENT RESUME ED 114 227 RC 008' 850- AUTHOR Miller, Hubert J. TITLE Antonio de Mendola; First Viceroy of Mexico. The Tinker Pamphlet Series for the Teaching of.Mexican American Heritage. TB 73 NOTE 70p.; For related documents, see RC 008 851-853 AVAtLABL ROM' Mr. Al Ramirez, P.O. Box 471, Edinburg, Texas.78539 ($1.00) EDRS PRICE. MF-$0.76 Plus Postage. HC Not Available from EDRS. DESCRIPTO ji5*Administrator Background; American Indians; - *Biographies; Colonialism; Cultiral Education; Curriculum Enrichment; Curriculum Guides; Elementary Secondary Education; *Mexican.AmerieHistory; *Mexicaps; Resource Materials; Sociocultural Patterns; Vocabulait; *Western Civiliiation IDENTIFIERS *Mendoza (Antonio de) ABSTRACT .0 As Mexico's first viceroy, Antonio de Mendoza.s most noteworthy achievement was his laYing the basis of colonial government in New Spain which continued, with modifications, for 300. years. Although he was lenient in dealing with the shortcomingi of .his Indian and Spanish subjects; he took a'firm stand in dealing with the rebellious Indians in the Mixton War and the Cortes faction which threatened the Viceregal rule. His pridary concern was to keep New Spain for the crown while protecting the Indians from w#nt.and . inhumanity. Focusing o$ the institutions he founded and 'developed, this booklet provides a study of early Spanish colonial institutions. Although the biographical account is of secondary importance, the. description .of Hispanic colonial institutions arelPable'in presenting the Spaniards. colonization after the cconquest -ctica. applicAtion of the, material at both the elementary and 'se levels can be utilized in stimulating student discussionsa on the Merits and demerits of 2 colonial powers- -the English a the Spaniards. -
California's Legal Heritage
California’s Legal Heritage n the eve of California’s statehood, numerous Spanish Civil Law Tradition Odebates raged among the drafters of its consti- tution. One argument centered upon the proposed o understand the historic roots of the legal tradi- retention of civil law principles inherited from Spain Ttion that California brought with it to statehood and Mexico, which offered community property rights in 1850, we must go back to Visigothic Spain. The not conferred by the common law. Delegates for and Visigoths famously sacked Rome in 410 CE after years against the incorporation of civil law elements into of war, but then became allies of the Romans against California’s common law future used dramatic, fiery the Vandal and Suevian tribes. They were rewarded language to make their cases, with parties on both with the right to establish their kingdom in Roman sides taking opportunities to deride the “barbarous territories of Southern France (Gallia) and Spain (His- principles of the early ages.” Though invoked for dra- pania). By the late fifth century, the Visigoths achieved ma, such statements were surprisingly accurate. The complete independence from Rome, and King Euric civil law tradition in question was one that in fact de- established a code of law for the Visigothic nation. rived from the time when the Visigoths, one of the This was the first codification of Germanic customary so-called “barbarian” tribes, invaded and won Spanish law, but it also incorporated principles of Roman law. territory from a waning Roman Empire. This feat set Euric’s son and successor, Alaric, ordered a separate in motion a trajectory that would take the Spanish law code of law known as the Lex Romana Visigothorum from Europe to all parts of Spanish America, eventu- for the Hispanic Romans living under Visigothic rule. -
From Columbus to Acosta: Science
FromColumbus to Acosta: Science, Geography,and the New World KarlW. Butzer Departmentof Geography,University of Texasat Austin,Austin, TX 78712, FAX 512/471-5049 Abstract.What is called the Age of Discovery peoples probably put observers with rural evokes imagesof voyages,nautical skills, and backgroundson an equal footingwith those maps. Yet the Europeanencounter with the steeped in traditionalacademic curricula.Last Americasalso led to an intellectualconfronta- butnot least,the essaypoints up the enormity tionwith the naturalhistory and ethnography of the primarydocumentation, compiled by of a "new" world.Contrary to the prevailing these Spanishcontributors during the century view of intellectualstasis, this confrontation after1492, most of it awaitinggeographical re- provokednovel methods of empiricaldescrip- appraisal. tion, organization,analysis, and synthesisas KeyWords: Acosta,Columbus, ethnography, geo- Medievaldeductivism and Classicalontogen- graphicalplanning, gridiron towns, historyof sci- ies proved to be inadequate. This essay ence, landforms,L6pez de Velasco, naturalhistory, demonstrateshow the agentsof thatencoun- New World landscapes, Oviedo, relaciones ter-sailors, soldiers, governmentofficials, geograficas,Renaissance, Sahagun, Spanish geogra- and missionaries-madesense of these new phy. landsand peoples; ithighlights seven method- ological spheres, by examiningthe work of The worldis so vastand beautiful,and containsso exemplaryindividuals who illustratethe di- manythings, each differentfrom the other. verse backgrounds,abilities, -
The Persistence of Castilian Law in Frontier Texas: the Legal
Mo. THE PERSISTENCE OF CASTILIAN LAW IN FRONTIER TEXAS: THE LEGAL STATUS OF WOMEN THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Jean A. Stuntz, B.A., J.D. Denton, Texas May, 1996 Mo. THE PERSISTENCE OF CASTILIAN LAW IN FRONTIER TEXAS: THE LEGAL STATUS OF WOMEN THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Jean A. Stuntz, B.A., J.D. Denton, Texas May, 1996 ltd Stuntz, Jean A., The Persistence of Castilian Law in Frontier Texas: The Legal Status of Women. Master of Arts (History), May, 1996, 94 pp., references, 38 titles. Castilian law developed during the Reconquest of Spain. Women received certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando (present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier. TABLE OF CONTENTS Page Chapter 1. -
Chapter 10 RIPOSTE and REPRISE
Chapter 10 RIPOSTE AND REPRISE ...I have given the name of the Strait of the Mother of God, to what was formerly known as the Strait of Magellan...because she is Patron and Advocate of these regions....Fromitwill result high honour and glory to the Kings of Spain ... and to the Spanish nation, who will execute the work, there will be no less honour, profit, and increase. ...they died like dogges in their houses, and in their clothes, wherein we found them still at our comming, untill that in the ende the towne being wonderfully taynted with the smell and the savour of the dead people, the rest which remayned alive were driven ... to forsake the towne.... In this place we watered and woodded well and quietly. Our Generall named this towne Port famine.... The Spanish riposte: Sarmiento1 Francisco de Toledo lamented briefly that ‘the sea is so wide, and [Drake] made off with such speed, that we could not catch him’; but he was ‘not a man to dally in contemplations’,2 and within ten days of the hang-dog return of the futile pursuers of the corsair he was planning to lock the door by which that low fellow had entered. Those whom he had sent off on that fiasco seem to have been equally, and reasonably, terrified of catching Drake and of returning to report failure; and we can be sure that the always vehement Pedro Sarmiento de Gamboa let his views on their conduct be known. He already had the Viceroy’s ear, having done him signal if not too scrupulous service in the taking of the unfortunate Tupac Amaru (above, Ch. -
The Slave Trade's Dispute Settlement System
A Forgotten Chapter in the History of International Arbitration: The Slave Trade’s Dispute Settlement System Anne-Charlotte Martineau To cite this version: Anne-Charlotte Martineau. A Forgotten Chapter in the History of International Arbitration: The Slave Trade’s Dispute Settlement System. Leiden Journal of International Law, Cambridge University Press (CUP), 2018, 31 (2), pp.219-241. 10.1017/S0922156518000158. hal-01677425 HAL Id: hal-01677425 https://hal.archives-ouvertes.fr/hal-01677425 Submitted on 25 Aug 2021 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Copyright Leiden Journal of International Law (2018), page 1 of 23 C Foundation of the Leiden Journal of International Law 2018 doi:10.1017/S0922156518000158 INTERNATIONAL LEGAL THEORY A Forgotten Chapter in the History of International Commercial Arbitration: The Slave Trade’s Dispute Settlement System ∗ ANNE-CHARLOTTE MARTINEAU Abstract This article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. -
The Encomienda in Early Philippine Colonial History
THE ENCOMIENDA IN EARLY PHILIPPINE COLONIAL HISTORY by Dr. Eric A. Anderson Immediately the conquest had ended there appeared in the oolon'izatbn (of conquered territories and peoples) the need to apportion lands and Indians, as a reward to the most vigorous oonquistadores. The Indian was the essential element in the work of the land and of the mines. From this subjection of the indigene to the Spaniard \1.\'lS born the institution we know by the name enoomienda.l Introduction One of the dilemmas, of early Spanish expansion into the Indies was that of securing Indian labour sufficient to support those colonies, while ensuring to the Indians basic human rights. No royal commission, empowered to investigate and advise on Spanish-Indian relationships, was ever fully convinced of the legality (much less the morality) of the encom/enda and repartimiento for ordering natjve labour. At the same time, these or similar commissions could never escape the fact that Spanish settlement in and exploitation of the Americas was untenable with out native labour. 25 26 ASIAN STUDIES The encom/enda system, which had its roots in Spain of the Reconquista, 2 as a policy of rewarding meritorious crown servants in the colonies, attempted to reconcile labour needs with Indian justice. It takes no special gifts of observation or argument to realise that where the need for native labour was acute, and instru ments for the protection of natives inefficient and unpopular, these various ends were in continual and fundamental conflict. Encomienda, which began in the American colonies soon after permanent Spanish settlement, was scarcely distinguishable at that time from repartimiento. -
Spain and Its North American Empire in the Eighteenth Century: the Other Revolution an Online Professional Development Seminar
Spain and Its North American Empire in the Eighteenth Century: The Other Revolution An Online Professional Development Seminar Cynthia Radding University of North Carolina at Chapel Hill Professor of History and Latin American Studies We will begin promptly on the hour. The silence you hear is normal. If you do not hear anything when the images change, e-mail Caryn Koplik [email protected] for assistance. Spain and Its North American Empire FROM THE FORUM Challenges, Issues, Questions How can we reorient US history curricula to provide a more diverse and complicated narrative of our nation’s past? What does the enslavement of indigenous people mean in different historical contexts? What were the goals of Spain’s imperialistic efforts in the New World? Why did Spain establish its colonies where it did? How did Spanish imperialism differ from that practiced by other colonial powers in the New World? How was religion used to subjugate indigenous people, and how effective was it? How did indigenous peoples, in turn, modify Catholicism? How can we use images and other kinds of materials for teaching about history in the classroom? americainclass.org 2 Spain and Its North American Empire ESSENTIAL UNDERSTANDING The history of indigenous and European relations in the Americas shows us the limits of imperial power in any colonial setting: • imperial power is never absolute; • it is especially compromised in the borderlands where indigenous inhabitants and colonizers confront each other; • in the borderlands claims to territory were negotiations, not simple matters of conquest and pacification; • indigenous people are essential to the colonization process and can shape and limit colonial expansion. -
New Spain and the War for America, 1779-1783. Melvin Bruce Glascock Louisiana State University and Agricultural & Mechanical College
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1969 New Spain and the War for America, 1779-1783. Melvin Bruce Glascock Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Glascock, Melvin Bruce, "New Spain and the War for America, 1779-1783." (1969). LSU Historical Dissertations and Theses. 1590. https://digitalcommons.lsu.edu/gradschool_disstheses/1590 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. This dissertation has been microfilmed exactly as received 70-237 GLASCOCK, Melvin Bruce, 1918- NEW SPAIN AND THE WAR FOR AMERICA, 1779-1783. The Louisiana State University and Agricultural and Mechanical College, Ph.D., 1969 History, modern University Microfilms, Inc., Ann Arbor, Michigan Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. New Spain and the War for America. 1779-1783 A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of History by Melvin Bruce Glascock B.S., Memphis State University, i960 M.A., Louisiana State University, 1964 May 1969 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGMENT The author wishes to express his gratitude to Dr. John Preston Moore, Who directed this dissertation. -
Philippine Indios in the Service of Empire: Indigenous Soldiers and Contingent Loyalty, 1600–1700
CORE EthnohistoryMetadata, citation and similar papers at core.ac.uk Provided by Apollo Philippine Indios in the Service of Empire: Indigenous Soldiers and Contingent Loyalty, 1600–1700 Stephanie Mawson, University of Cambridge Abstract. Philippine indios served in the Spanish armies in the thousands in expe- ditions of conquest and defense across Spain’sPacific possessions, often signif- icantly outnumbering their Spanish counterparts. Based on detailed archival evidence presented for the first time, this article extends the previously limited nature of our understanding of indigenous soldiers in the Spanish Pacific, focusing in particular on the problem of what motivated indigenous people to join the Spanish military. The existing historiography of reward structures among indigenous elites is here coupled with an analysis of the way in which military service intersected with other forms of coerced labor among nonelite Philippine indios. An understanding of pre-Hispanic cultures of warfare and debt servitude helps make the case that many indigenous soldiers were pushed into military service as a way of paying off debts or to avoid other forms of forced labor. Thus indigenous participation in the empire was always tenuous and on the brink of breaking down. Keywords. indigenous soldiers, Philippines, Spanish Empire, military service In August 1642 the Dutch consolidated their control over Formosa— modern-day Taiwan— ejecting the small Spanish garrison from their fort at Jilong and effectively ending the fitful sixteen-year Spanish presence on the island. Curiously, the Dutch conquering party incorporated a number of Philippine indios, natives of the provinces of Pampanga and Cagayan in northern Luzon. They had come to Formosa as conscripted soldiers in the Spanish military and served as soldiers and laborers in the construction of Spanish fortifications.