Cultural and Legal Pyramids of Colonial South America
Why were
Blacks superior to Natives in the cultural pyramid? Why were Natives superior to Blacks in the legal pyramid? Did one pyramid become more influential than
the other? If so, when did that occur
and why did that occur?
In Colonial Latin American society there were two distinct hierarchal structures existing simultaneously: legal and cultural. To visualize these hierarchies we can picture a pyramid, where at the top, a small ruling population dominates over a larger base representing the majority population:
White Spaniards were at the top of the pyramids in both cases, sitting over large Native and Black population. Within this large Black and Native base, there was a definite stratification. In the cultural pyramid, Blacks were above Natives, however, in the legal pyramid, Natives were above Blacks.
Conquistadors and early settlers assigned blacks above Natives in the cultural pyramid. However, at the same time, the Royal Court and the Church placed Natives above Blacks in the legal pyramid by claiming Natives to be naturally free. In the early stages of colonialism the cultural pyramid was the dominant force in society. However, changes in society, stemming largely from the effects of encomiendas, changed the focus to a strengthening legal pyramid.
Traditionally
there were four basic categories of “justifiable” slaves; infidels who had
rejected the true faith of God and were captured in just wars, people who
committed serious crimes, people who sold themselves into slavery, and people
who were sold by their fathers with legitimate needs were rightfully considered
slaves.
[1] Iberians accepted these conditions well into
the Eighteenth Century. Before the ending of the crusades and the fall
of Constantinople, Iberian slaves were often Islamics captured in “just
war.” However, as the Mediterranean
slave trade ended, people began to turn toward Africa as a new supplier. Justification of African slavery was a bit
vague and relied mostly on a few papal bulls and the feeling that it was better
to put these poor bodies though misery in order to grant their souls eternal
happiness. [2]
In
his article “The Iberian Roots of
American Racist Thought,” James Sweet explains that racist sentiments were
present on the Iberian Peninsula before the African slave trade. Islamics and Christians had a tradition of
regarding blacks as inferior and born for servitude. These feelings existed while most slaves came from the
Mediterranean.[3] Thus, the groundwork for racially identified
slavery was already laid, and as Father Antonio Vieira would state centuries
later that “Gods fire impressed the mark of slavery upon [blacks].” [4]
In 1502 Columbus sent back Indian slaves to
the Spanish Royal Court. Racial
identity was a large part of Iberian society, yet it was limited to black and
white. This new race did not fit
entirely into either category, nor were there any traditions dictating how to
treat such color. The Crown, most
likely through council with the church, decided that the traditional codes of
justifiable slavery should apply. With
out the traditional racist sentiments that were held for blacks, the same round
about philosophy of “misery now, salvation later,” would not hold up either. Another part of this was that Indians had
never been exposed to Christianity and therefore they could never have denied
it, and thus, were not infidels. Queen
Isabella wrote a letter in 1503 stating that Indians were indeed free and
should not be subject to slavery. However, she did insist that they should be coerced to work for free.[5] Thus, there was the brewing of the legal
pyramid. I stress the word “brewing,”
because at this early point Indian freedom was more a rational decision that a
passionate stance on some idealism, nor had it been codified. This beginning of the legal pyramid would
however, remain dormant and in Spain for sometime.
Meanwhile, across the Atlantic, the Conquistadors began to explore the continent, and in lack of any traditional feelings toward the Natives, they began to form their own. Reports from early expeditions of the Caribbean depicted natives living exotic lifestyles, running naked, practicing polygamy, and existing in societies without apparent social hierarchy. The woodcuts shown below are a European artisan’s interpretation of a letter returning from the Caribbean. The woodcuts are rich with information, but we can briefly see the nakedness of the Indians and their sexual appeal as they distract a European man. We also see a dark side developing. The distracted European is about to be clubbed by another women. In the other woodcut we see a man hacking up body parts. [6] Clearly these Indians are not perceived as entirely peaceful and innocent , but savage, deceptive, and treacherous. Europeans seem to have contradicting views of the Natives, one that was peaceful and innocent, and another as vile and savage. Originally the first view seemed to be dominant. Pero Vaz de Caminha wrote one of the earliest accounts of the Tupian culture in 1500. He perceived them as simple and festive.[7] As years past, the overall perception of these people changed. By the end of the conquest an anonymous author had a far more critical opinion of these same simple and festive Tupi. He was appalled by their practice of polygamy and human sacrifice.[8]
Actually, the
initial belief of Natives as peaceful and innocent seemed to fade quickly. Manoel da Nobrega writes that Brazil’s
first bishop, Dom Pedro Fernandez
Sardinha, believed Indians were “incapable of the entire doctrine because of
their brutishness and bestiality, nor did he consider them sheep in his flock,
nor did he feel that Christ would see fit to have them as such.”[9] Even when Cortes found a Spaniard living
among Natives, he immediately ordered the man to be put into European garb so
that he would not resemble that inferior race.
[10] This belief in Native inferiority continued
to develop into the eighteenth century when Alonso Carrio de la Vandera wrote in his satire that Natives are cowards and can only fight when
they are massed, but a single one is scared and will run away. Also, Natives are fragile and “just draw a
drop of their blood and they’re said to be dead.”[11] And as for the Natives’ potential as
Christians, even the majority of the priesthood did not believe them
capable. In following drawing by Felipe
Guaman Poma de Ayala the native is tired of being a suspected of paganism. The writing in the picture reads “Confess
me, father, of all my sins. Don’t ask
me about huacas and idols, and for the love of Jesus Christ and his Holy Mother
Mary, absolve me [of my sins] and don’t throw me out the door. Have mercy on my
soul.” This shows that priests must
have constantly interrogated Natives in regards to their religious practices.[12]
The Conquistadors surely came to the New World
believing Indians inferior because of their skin color. This was characteristic of Iberian
culture. However, Iberians developed
most of their ill feelings toward Natives as a result of cultural
differences. Thus, while racism against
blacks rested solely on the tradition of skin color, racism toward Natives was
merely a byproduct of distaste for the Native culture. This placed blacks in a very good
position. Blacks that were present
during the conquest came directly from Iberia and therefore were Iberian in
culture. Compared with the Natives,
they were much more useful and respected. Blacks were considered more capable of Christian practices. They spoke the language and new the
religion, thus they were representatives of the Iberian culture. Vieira seems
to accept Africans as Christian equals. They are “children of Adam and Eve,” and “souls redeemed by the blood of
Christ.” This is proof that even the
church seemed to respect blacks more than Natives.[13] Blacks therefore were above Natives on a
cultural level.
Blacks no longer occupied the lower positions of social status as they did back on the Peninsula. There was also an absence of a large white working class above them and any legal authority to enforce racial restrictions. This absence permitted blacks to have status and jobs that they would not normally have. For example, Juan Garrido was a black conquistador who came to Mexico with Cortez. Garrido had been made a Christian in Iberia and had somehow won his freedom there. However, he was still subject to many restrictions as a black man. Upon arriving in the Americas, many of these restrictions were lifted. Garrido gained respect during the siege of Tenochtitlan and went on to become the first wheat farmer in New Spain. He also held several posts in Mexico City, serving as portero of the city’s cabildo and town crier, both salary positions.[14] Another and later example was Miguel Hernandez, a free Mulatto who was able to achieve economical and social success as an ambitious muller in the rapidly growing city of Queretaro at the end of the 16th century. He was able to cross many social and racial boundaries. He was a respected mulatto, had friends that were Spanish and Native, he was literate, and held the title senor de recuas (master of mule trains).[15] Although it was rare, the fact that black men could achieve such success demonstrated that these early colonists were more inclined to judge on a cultural basis.
During the Conquest and these early years of colonialism, disdain for Indian culture and the absence of enforced Iberian law placed blacks above Natives in the cultural pyramid and allowed for this pyramid to dominate the social hierarchy. Eventually the prominence of this pyramid would dwindle as Iberian law grew strength in the new world. As laws became more enforced, they also grew to favor Natives and restrict the cultural progress of Blacks. The original catalyst of this transformation was the decision to employ encomiendas as the chief economic institution. Encomiendas allowed for greater Iberian control and indirectly fueled the African slave trade. This made room for the progression of Native rights, but also increased the demand for traditional restrictions on blacks.
The largest asset in early Latin America was
native labor. Slavery would have been
the best way to maximize profits from the region, however, Spain wanted to
adhere to its ideology that Natives were free. Therefore, they developed the encomienda system, where Natives were
forced to work and give tribute, yet would maintain free status. In reality, native slavery was widely
practiced. However, freedom of Natives
was not the only design of the encomiendas. Spain also wanted to secure its landholdings in the New World. Under this system, encomiendas were not
inheritable, at least not past a second generation. Spain could also legally confiscate the land at any time. Spain conducted this practice with cunning
skill, absorbing large encomiendas first, before they could grow strong enough
to resist. In his article “Encomienda or Slavery?” Timothy Yeager proves
through ranking encomiendas in
value based on gold and silver production and tonnage shipped to Spain, that
this was in deed the case. The land
taken from encomiendors was then sold as smaller and more controllable
plantations. Thus, encomiendas served as the original footholds for Spain to
establish its authority in the new world.[16]
Another major
affect of the encomiendas was the rapid depletion of the Native
population. By forbidding the
inheritance of encomiendas, the Crown provoked landholders to drain the area of
all its potential wealth as fast as they could, with little consideration for
future planning. The natural effect of
this was the rapid depletion of Native population through excessive work and
tribute. This was a huge loss because
Natives required no capital. In order
to make up for the loss of labor, landowners turned to Black slaves. As the demand for Black slaves grew, slave
traders began importing directly from Africa. Unlike the blacks who came to the Americas from Iberia, African slaves
were unassimilated. Their lack of
Iberian language and skills made them more difficult to work with and harder to
control. An Italian Jesuit, Father
Andre Joao Antonil advised plantation owners that an assimilated slave is worth
four new slaves because they understand more and there is lest haste in giving
them orders. [17] As a
result, the dominance of the cultural pyramid that blacks had once enjoyed
dwindled.
These two effects of encomiendas, increased
Iberian control and a greater reliance on African labor, allowed the Native
protection movement to become more of a legal reality. From the start of the colonial period, there
was a constant effort, mostly on behalf of clergymen, for better treatment of
Indians and the prohibition of Indian slavery. The leader of this movement was Bartolome De Las Casas, but numerous
other clergymen took part in this as well. The basic practice of these clergymen was to document atrocities taking
place in the New World and report back to Royal Officials across the
Atlantic. There efforts did have an
impact on the Iberian people, and the Court made laws accordingly. One of the first set of laws developed was
Laws of Burgos in 1512, which called for better working and living conditions,
restrictions in punishment, and better treatment all around for Natives in the
Caribbean.[18] In 1542 Spain issued the New Laws, which
outlawed Native slavery, thus putting Isabella’s original claim into legal
form. Portugal fallowed suit with a
similar law in 1574. However, these
laws only existed on the Iberian Peninsula because they were more or less
unenforceable at the time in the Americas. However, as Spain and Portugal extended the strength of their viceroys,
they were able to slowly give reality to these codes. The greater reliance on African slavery also meant that these
laws would be less opposed. Natives had
gained status in the legal pyramid, and although it was originally formed in
Iberia, it had slowly made its way across the Atlantic.
As Spain and Portugal began tightening their
hold on the Americas and distributing the land into smaller plantations, a host
of brave entrepreneurs began crossing the Atlantic. The white population was expanding internally, but still there
was a positive increase from emigrants. In 1720 the exodus of Portugal was becoming so strong that the
Portuguese took efforts to restrict it. Many of the people coming were wealthy men who could purchase property,
but the majority were “artisans and professional men, civil officers, clerics,
servants and retainers.”[19] As these people came, so ended the absence
of skilled white labor which had permitted numerous blacks to move up in
society. Thus the cultural pyramid took
another blow.
Also, these people brought with them old
racists sentiments towards blacks, and a will to express through legal
codification. During the 17th
century, Portuguese whites began to develop laws restricting the activities of
blacks, free or enslaved. In 1521 there
was a banning of weapons and gambling. Twenty-four years later, it was illegal for black slaves to receive
lodging or sell goods. In 1559 the
playing of musical instruments and African dance was prohibited. And in 1621 it was illegal for non-whites to
engage in the craft of goldsmith.[20] As Portuguese came to Brazil the following
century, we can see an almost parallel progression of slave laws. In 1709 and 1749 laws regarding the dress of
blacks and mulattoes were made. In1756
weapons were banned, and in 1722 gambling was banned.[21] These laws were also a direct result of the
African slave trade. People often
feared new slaves and therefore wanted more restrictions on their behavior.
By the Eighteenth Century Natives enjoyed more
legal protection than blacks and greater access to the courts. Under law, Natives were protected against
harsh punishments such as branding. Harsh punishments, such as branding or dismemberment, could legally be
administered to insolent black slaves, but not Natives. This, of course, did not always protect
Natives, and often they fell victim to such unlawful treatment.[22] However, Natives had easy access to the
courts and frequently used the system to their advantage. In his book of travels, Alonso Carrio de la
Vandera, comments, “no Spaniard is capable of deceiving an Indian, and if a
Spaniard takes something from an Indian by force, he is pursued in the courts
until his dying day.”[23] The Ozoloapan dispute, from 1767 to1776, in
which fought against the fees and services parish priests could collect,
demonstrates that Native claims in the court were given attention to and
considered serious.[24] Therefore, even when laws protecting Natives
were violated, the court system was an open means of restitution and intimidation
from further abuse.
As the colonial period progressed, Natives
made significant advances within the legal pyramid, and the legal pyramid
became a more dominant feature in society. The decline of the cultural pyramid’s importance was the end of a brief
reprieve from racial repression for blacks. This short reprieve in early colonialism is an interesting event. Latin America has tried to celebrate its
supposed racial equality. Some
attribute Latin America’s alleged success against racism as the result of mixed
breeding and inter-social dependence. However, the fact that the history of Latin America began with an
improvement in the status of blacks deserves some thought. It is possible that this event did influence
the Latin American psyche centuries later.
Annotated
Bibliography
Alonso Carrio de la Vandera,
“Concolorcorvo Engages the Postal Inspector about Indian Affairs,” in
Colonial Spanish America, ed. Kenneth Mills and William B. Taylor. (Wilmington, Delaware: A Scholarly Resources
Inc. 1998) 284.
Alonso Carrio de la Vandera wrote this satirical
account of Peruvian society in the form of a conversation between him and his
Indian assistant, Mr. Inca. The satire
is critical of various aspects and people within the society.
Andre Joao Antonil. “An Italian Jesuit Advises Sugar Planters on the Treatment of Their Slaves,” in Children of God’s Fire: A Documentary History of Slavery in Brazil, ed. Robert Conrad. (Princton, N.J. 1984; reprint, Univeristy Park, P.A. 1995) 55-61.
Antonil talks of some of the abuses which slaves
often suffer and reasons why this treatment should be checked. Antonili looks at the treatment of slavery
more from an economic view, where good treatment makes for more productive
slaves.
Anonymous, “Description of
the Tupinamba,” in The Brazil Reader: History, Culture, Politics. eds. Robert M. Levine and John J
Crocitti. (Durham, NC, 1999), 25-32.
This anonymous writer described the Tupian tribe in 1587. He discussed several aspects of their culture, such as housing, marriage, and warfare. He was somewhat judgmental about their practices.
Bernal Diaz, “The True
History of the Conquest of New Spain,” in Victors and Vanquished. ed. Stuart B. Schwartz. (Boston: Bedford/St. Martin’s, 2000) 53-55.
Bernal Diaz was a Spanish Conquistador who wrote a vivid account of Cortez’s expedition in to Mexico and the conquering of the Aztec people.
Burkholder,
Mark A. and Johnson, Lyman L. Johnson. Colonial Latin America. New
York: Oxford University Press. 1998.
This is an introductory text book in Latin American History.
Father Antonio Vieira. “ ‘Children of God’s Fire’: A Seventeenth Century Jesuit Finds Benefits in Slavery,” in Children of God’s Fire: A Documentary History of Slavery in Brazil, ed. Robert Conrad. (Princton, N.J. 1984; reprint, Univeristy Park, P.A. 1995) 163-174.
Vieira addressed the Black Brotherhood of Our Lady of the Rosary and their slave masters on the differences between slavery of the body and slavery of the soul. He believed blacks should submit willingly to the temporal slavery of man so that they may enjoy eternal freedom in the kingdom of heaven. They should avoid sin for fear of spiritual slavery.
Felipe Guaman Poma de Ayala,
“Picture,” in Colonial Spanish America, ed. Kenneth Mills and William B.
Taylor. (Wilmington, Delaware: A
Scholarly Resources Inc. 1998) 154-155.
Felipe Guamen Poma was a Native artist around 1600. He made several drawings depicting the abuse of Indians at the hands of White priests.
Francisco
Xavier de Mendonca Furtado, “The Governor of Grao Para and Maranhao Informs the
Portuguese King of Cruel Punishments Inflicted upon Indian Slaves.” in Children of God’s Fire: A Documentary History
of Slavery in Brazil, ed. Robert Conrad. (Princton, N.J. 1984; reprint,
Univeristy Park, P.A. 1995) 289-292.
The Governor wrote to King Jose I describing the abuses that Natives were illegally receiving. Her urges the King to enforce the laws more.
Gerhard, Peter. “A Black Conquistador in Mexico,” in Slavery and Beyond. Ed Darien J. Davis. (Wilmington, DE.
Scholarly Resources Inc. 1995)1-9.
Gerhard retraces the life of a black Conquistador named
Juan Garrido. The article is largely
biographical information pieced together from various sources.
“Letter of Pero Vaz da Caminha,” in Documentary History of Brazil, ed. E. Bradford Burns. (New York, 1966) 20-29.
Pero Vaz de Caminha was a government official with Vasco da Gama during the discovery of Brazil. Caminha documented the first encounter with the Tupi tribe with the intention of relating back to the King. Caminha’s interpretation of the tribe shows European naiveté toward the Native cultures.
“Legal Restrictions on the Activities of Slaves and Free Non-Whites in Portugal.” in Children of God’s Fire: A Documentary History of Slavery in Brazil, ed. Robert Conrad. (Princton, N.J. 1984; reprint, Univeristy Park, P.A. 1995) 245-247.
A series of laws regarding non-whites laid down in Portugal during the 17th century.
Manoel da Nobrega, “Letter to Governor Tome de
Sousa,” in A Documentary History of Brazil, ed. E. Bradford Burns. (New York: 1966). 20-29
Jesuit Friar Manoel da Nobrega writes about the need
for proper Christian teachings for Natives. He believes problems with Natives stem from their lack of religious
knowledge.
“Restrictions on the Activities of Slaves in Eighteenth Century Brazil.” in Children of God’s Fire: A Documentary History of Slavery in Brazil, ed. Robert Conrad. (Princton, N.J. 1984; reprint, Univeristy Park, P.A. 1995) 247-251.
A series of laws regarding non-whites laid down in Brazil during the 18th century.
Super, John C. “Miguel Hernandez, Master of the Mule Trains,” in Colonial
Spanish America, ed. Kenneth Mills and William B. Taylor. (Wilmington, Delaware: A Scholarly Resources
Inc. 1998) 125-127.
Super is a contemporary historian. This article analyses the biography of a free Mulatto, Miguel Hernandez, who was extremely successful in the booming town of Queretaro.
Sweet, James H. “The Iberian Roots of American racist Thought.” The William and Mary Quartarly. Jan. 1997) 143-166.
Sweet argues that racist sentiments predated capitalistic association of color and slavery. Iberian Christians inherited racist sentiments before the decline of the Mediterranean slave trade created an demand for African slaves. Once in place, these racist ideas carried over to the Americas.
“Two Woodcuts Accompanying a
1509 German Translation of Amerigo Vespucci’s Letter to Peitro Soderini,” in
Colonial Spanish America, ed. Kenneth Mills and William B. Taylor. (Wilmington, Delaware: A Scholarly Resources
Inc. 1998) 67, 69.
A German wood carver made two woodcuts based on the letters of Amerigo Vespucci description of natives on a Caribbean Island.
Taylor,
William B. “Parish Priests and Indian
Resistance in Late Colonial Mexico.” in Colonial Spanish America, ed. Kenneth Mills and William B.
Taylor. (Wilmington, Delaware: A
Scholarly Resources Inc. 1998) 289-297.
Taylor is a contemporary historian and gives a brief overview of the Natives legal battle in regards to services and fees collected by parish priests.
Unknown, “The Enslavement Process in the Portuguese
Dominions of King Phillp III,” in Children
of God’s Fire, ed. Robert Conrad. (Princeton, NJ, 1984; reprint, University Park, PA, 1995), 11-15.
This unknown author condemns unjust slavery taking place in Africa and the harsh treatment of these slaves. He cites laws against slavery in other countries as evidence for a need of slave laws regarding Africa.
Yeager, Timothy J. “Encomienda or Slavery?” The Journal of Economic History. Dec. 1955 v55 n4 842-857.
Yeager looks at Spains choice of encomiendas as the economic institution of the new world. Using economic analysis Yeager demonstrates that slavery would have been more lucrative, yet encomiendas allowed Spain to adhere to their ideology on native slavery and develop a stronger hold on the land.