“A Lack of Legitimate Obedience and Respect”: Slaves and Their Masters in the Courts of Late Colonial Buenos Aires

Abstract

In Buenos Aires, on October 26, 1759, Don Alonso Isidro Rodriguez de la Peña replied in writing to the charge that he held the parda Francisca Marigorta in illegal bondage. After fleeing from his household, Francisca had found temporary refuge with a sympathetic neighbor, Don Bernardo Quiroga. The neighbor had then written to the defensor general de pobres, indios y esclavos (the defender of the poor, Indians, and slaves), Don Pedro Gonzalez Cortina, to lay out Francisca’s claim that she was a free woman held illegally as a slave. According to this unofficial advocate, Francisca had been born to a free mother in the interior city of San Juan and was therefore free from birth.Francisca claimed that she had come to Buenos Aires from her native San Juan as a free servant in Rodriguez de la Peña’s household. Once relocated in Buenos Aires, however, her employer began to “treat [her] as a slave, subjecting [her] to harsh punishments and confining [her] to the house.” When she protested, Rodriguez de la Peña had put her in chains. Because Francisca was “poor and miserable,” the defensor took up her case. He immediately requested that Rodriguez de la Peña produce proof of her condition or stop harassing her. In response, Rodriguez de la Peña admitted that he could not provide a bill of sale for Francisca because, he claimed, she had been part of a contested inheritance still unresolved by the courts. His claims therefore rested on his self-interested assertion that “Francisca has been in my power for years” and “has served me and my family as a slave” without protest. That is, she was a slave because she had acted like one. Almost one year to the day after her initial appeal to colonial authorities, the court recognized Francisca’s freedom and ordered Rodriguez de la Peña to leave her in peace.1This article analyzes three types of late colonial court cases found in the Archivo General de la Nación in Buenos Aires, Argentina: individuals held as slaves who disputed their legal status, slaves who demanded the right to purchase their freedom or the freedom of family members, and slaves who demanded the right to seek new masters because of abuses suffered at the hands of their present owners.2 This last process, papel de venta, gave a slave a set term, usually a month, to find a more congenial owner willing to pay the assessed price. Most commonly the defensor — an advocacy position usually filled by one of the cabildo’s regidores, or occasionally an alcalde — represented the plaintiff.3 A small number of cases were brought directly to higher authorities: the audiencia, the captain general, or the viceroy (after 1776). All these files contain a full statement of the complaint, often amplified in response to the counterclaims of masters or others, as well as the record of all actions initiated by the defensor. Most cases also note the court’s final resolution.4Cases such as Francisca’s reveal three central characteristics of slavery in late colonial Buenos Aires. First, even though a majority of slave plaintiffs failed to win their cases, the courts did provide slaves with significant leverage in disputes with owners. The legal process could drag on for years, during which time the courts often permitted slaves to live and work away from an owner’s direct supervision and control. Therefore, even when an owner prevailed in court, the victor had often been deprived of all or a part of a slave’s labor or income while simultaneously being forced to bear significant court costs (often exceeding 25 percent of a bozal’s market value or 40 percent of the annual income earned by a slave journeyman).5 In some cases owners or purported owners gave up the legal these on the did not legal their costs were or in full by the defensor. when slaves were forced to in the hands of an the of supervision by court and court costs could an owner to even a small in the of an owner been as a slaves often found the slave in their with as Francisca’s and of and In claims were by the of and of the of masters like Rodriguez de la Francisca’s was brought to the of the defensor by a sympathetic neighbor who also Rodriguez de la Peña’s to her. the of Francisca’s on the of in her native San who the claims of Rodriguez de la Peña as and for his Pedro Gonzalez Cortina, the Buenos Aires and a the of Francisca’s in his to the court the of slavery on a free the the of these legal and The the of and that held masters and slaves or When the of the claims and counterclaims the as well as which masters and slaves to their The slave plaintiffs their masters In some had and their had had with their with to When these slaves to their as an who was at did not as the characteristics of a as the of actions by the masters with in a these filled with the of — of and of slaves often harsh in the of A in the and by a and the to in The to the court in these cases that slaves and masters in late colonial Buenos Aires had a present of and even were in and in were to the of and was more for the of the to not their for as with or with for the to the of a were even that their actions or an on a one. by a to the from her to the defensor that the was because of the this has for initial of the who claimed to her his of and to her. from his found a and then filled her to with of Rodriguez de la Peña’s and After the court of the she had she demanded that on and the with which were that to pay more to the and not of these not that to the and of the of slavery by a of disputes masters and however, that the of this at in the and of these The that these were not the of slavery in and claims of and the courts as a in which to seek for the and had their to an owner’s and actions the were the court, slaves that these often in the by their their on the legal brought to the and even of these the The that slaves could from their and to this slaves these legal also masters with such to took to the and of their The and of slave masters and to of of and a masters to find in court actions were to and in their with her slave’s for a papel de venta, that had her without to the and that the slave’s my and the that of these cases were owners often for the and legal process that Rodriguez de la for his that his and of Francisca had been by that his and his He was not the of their as and these with disputes legal the process the of The were usually as of the to an annual were were were also to bear of the costs with these these in were of the of for slaves in not that were because of some in or to the of Indians, or the in The the to been that these were the of In in their to the of a that and were on the of freedom and that slavery could defensor this when for the right of a to purchase his his appeal with a defensor even found the to a slave’s freedom the the some took up a on of a slave during their a small of held in in late colonial Buenos Aires were in such cases, that slaves and slave owners and the the of and the to in the of slaves often their for freedom or in the that Francisca was the of a her with Rodriguez de la Peña was directly for for her household, which three for the and for and even for in the also that her were then the of with their and The of these cases and the and that the of slaves in Buenos Aires, the record of and advocacy by late colonial Buenos Aires, disputes legal condition in one of In the in the of of slaves and free from and who in the Once from of and of and some slaves to the of some free found their freedom when from who could for their legal In the set of the of a slave owner often to when the owner’s of freedom was contested by or a disputed inheritance forced the of a slave to a new were with the for and that the of slavery were not by and also by a of and In cases of and were even legal could at the of slavery the a by the of held in to to their slavery in the de la after of slaves were on the of to and Buenos Aires by the slave were to the even to and more in Buenos Aires as and even this more were and from Buenos Aires to the by labor also that free from to for Buenos Aires or Buenos Aires for for The that slaves often their freedom to these of and masters new away from the of and while the forced of slaves for the of as well as the of new their legal was in a new as was the with to produce and to claims to free that colonial could In the of the late when was in a of with the of by and put in the legal of free and cases the a put with a the of The captain to the and an who claimed to When to the of her the captain the and then put to with on the in and the In a the defensor in Buenos Aires in a case. When the Buenos Aires with a the Don the sale of the purported to the sale could the found a to the defensor. that were free while the claimed to members, or born — a claim the owner of the he these claims and the defensor all from control. The three were immediately when the captain of the and that the of these individuals had been by the of the The were forced to work in a while the In the were also when the pay of the that had all served as during the from these First, the legal of free born free or was and in that and their from In a the labor value of slaves could to the and of could on in the legal of a free to slave free at such with the of their the and colonial who to the legal slavery and defensor in Buenos Aires during the late colonial slaves and from a that and their to of their been in a that slavery on a free was a The free of by the found in the defensor a willing to the to from his significant still was the that were of and put in with the a process that that the slave of Buenos Aires had not and from the courts also to this to in that could in the also that even without the that from and free from their and could find their freedom The from his native de to Buenos Aires in to for After he to to the and of a de who had on the had for a small to the to a some from the After being the captain an of a to for the The that he was his slave and he to held in a city with or to to the Don de and his on the process that brought of to the First, the Buenos Aires slave a of colonial and legal as was in the of the and cases, a like could this and find to his to in a of in the of Francisca’s purported was to produce of when by the that had like a slave” while was also in Francisca’s the of a — in this a — was by a defensor who the that The were by the of a of who had from on the with however, of from de which that that were free at the time of his the of to the freedom of and like Francisca and the in which a free was forced to live the of this also to that the courts were not in the slavery and freedom were also of of a could also legal was not for slave owners in Buenos Aires and to free slaves in their that was even more for slave owners to freedom as a for or their as the had been for by her slave In the that as a for her she was slave and When to court to the of her born after this she the my slaves when free and a small of slaves were the was and well by slaves that often their masters to that these were initiated and when the of power and slave was by in an owner’s or family on the by their often found the of a a and Don a colonial in His slave in a to the de y de that he had been during his he was still being forced to slavery by the According to my to for Don Once the had been on to the Don — a and to and — he immediately that had on in of family and his had and was not the and and then in the that his for in during the of in household, to his and forced to was more could His was by the that his and had been by After without legal the defensor to provide his de or in immediately and by alcalde as of to find a He found that had and his freedom that this had not been he was the slave of because the had the of the alcalde ordered that permitted to purchase his freedom and that of his and at an assessed price. this the to that his had not In his to the alcalde to that he to because the and a to a his with authorities, and his of were that a could not without being a a the captain who with an from the to drag from his temporary The with a and to a in the of this to the Once the the on and the The of the after as the of that slave to the and the and of his that this of in a to that the defensor or court of his or that his in or in of court to his for and family to to the and that had his gave to his in that the and of his the that at the of his legal that this with all of significant for The that of his with in of from the or in to that one of was to the of this and de defensor in was the of who for the of a one of the in his in the and In a on of the slave of the was in the of had been the right to purchase her freedom and that of her for the of of and during her final Don de — of the and — disputed this Once to de that the defensor was to his he to drag out the the of recognized this and with this the defensor from the as or as his the defensor to the court the of and in the to the of his In the however, the was then forced by the new defensor to pay more for her freedom and that of her had been in her a for the that the of could the of a slave owner and the of a and on of that of the colonial could and for slaves in their disputes with was in his of and his with the of as Once in the courts by their masters or their legal to put an or and to and for also when Once in the owners to out the of their slaves and the of the for to that the were and slaves costs in their of the slaves in these their and in the of freedom reveal the the that held in In de to the alcalde de as defensor to in had for an a free had his a his The were to from labor in the the full had been the was to owner Don the of mother and began to for to though served as the of the had to in of slaves and free and even with a that he had served for in the was with punishments and In his to the that as a free he earned more in the time his mother the to his he his was even more because his had to his in and with the for the with proof of the After a that to to his from the of a He the defensor the of me the hands of my was not to and his freedom was he was in the to pay the full without of the of the and his of labor his mother initiated the the and of his the of slavery of of or more to the of freedom by an mother and her who after a the colonial the of and the to All this was without their as put the of were more to in cases slave was illegally on the and of by and free were in the legal claims of slaves the of after the had her slave de la as a for her and the of her Don claimed three had been born to and therefore as slaves to He then the the mother he had and the to the Once the defensor in a of and to the of to his This was by the with which the defensor the legal of the a of the and the as in cases legal the claims of held in the defensor was to the of this to the of in a the of to the actions of the defensor and for In the slaves and to the defensor Don de claimed that while in in the their had in her After she to Buenos Aires to their her Juan de a forced When by the claimed the slaves had been his his therefore did not the right to of their and The on for as the the to the In the the defensor to pay full court costs after the slaves were to to was forced to and to purchase their freedom he could their to court and by the to pay for their freedom in that in late colonial Buenos Aires a number of masters and slaves of In these of and were by the for and In the slave to the defensor that his and his demanded the right to seek a new willing to from his the set by a The this for a papel de by that he was a who on a he he forced to his slave at the set by the In like and slave to could been that or a slave or that a actions by the to these cases that the and of owners was often and then by and of the colonial did not that slave owners the or that slaves and the in which and could a for or a slave had for a or a slave’s up a of the slave was a and of that owners to the of however, a defensor to the the and of a owner and the of the slave defensor Don took on a three on of the slaves and her had been by their in her a that with such the and of the The of the however, disputed this of the on of an by the alcalde de to the slaves in the of the their while the defensor to the the the to free the slaves by the of the with legal for the claims of the in the of an and of were not permitted to the claims of When the slaves in the power of the The new Don a to He the by the and the by the In the advocacy of more of and their this the as a to to this process as a of slave their the the to pay court costs that to one also the of slavery in late colonial Buenos Aires. were were found in and the that the and the and the that the slavery was to the who were the one the slave was as a as by a of that the of from like and from even small the a number of the of slavery as and as an to the of his as his with the to his to free and the of this he a on the of His a of the of for slavery the a process that in the to the of the slave to Buenos After the to stop the the defensor the court, slavery as and of that individuals to the and of had been in of held illegally as had of and the that the in could slavery that individuals to the and of with these cases some owners were by court was for their to their by out and the of cases brought by the reveal that in some cases a slave claimed as a could to their that slaves and masters often took on the of small were at In in the the as a slave. was on a when a from to by and he recognized as who had his in and to in Buenos Aires, the defensor Don de to the of defensor that the purported owner was and that was one from in Buenos Aires who could provide a of as the slave. The on for as of claims in this in that the defensor claimed were to his and was not when that the of his purported in had up their claims to court In this a of from being to his were In for the of of been in the claims his a in when he was as a who had from his in a of the of Buenos Aires in the Don as and The defensor and a failed to from the of a month, court costs had the of purported owners to the as in the case. In the the who had forced failed to their however, because the defensor forced to pay the value of the he had during his that and colonial could in cases of or the of legal The of slave of Don Juan a In an in the that his had the right to slave of When owner claimed he not the because of with Because of this he claimed that to the then acted to this and the by her slave to Don owner to the that had some and to his to the owner’s to the was to the defensor. He the and found the of owner to the central to and the of as he put and the defensor demanded that the In response, Juan claimed that he was not by or a of was to a and from the was the that was of his from the household, as well as to the of his as a He not the to and was a to the position of the rested the and of to an owner’s was an to This found purchase in the was the owner’s claims as a by his He that owner had a of the their of According to the all the of Don Juan were more he was the that the held in the of to This the defensor was by and Don Juan to the defensor to for he as and in the of a slave, the was by the of as and the court also permitted the slave to live his household, the that he a of his to his in the of Francisca that this that slaves were to their masters by and masters the to Don Juan owner a sale to a sympathetic neighbor to the and the the of the slaves and and The of the was also by from the of his an by a who to of the colonial — even who slaves — did not to the claims of masters or the of who or in to Once slaves the legal masters were on their their claims by often and and did not in a on of who as this a legal in a could the of a slave from a household, their direct and to the of their labor and slaves leverage that of with In for Francisca de to the defensor Don de that her demanded the of her a to purchase h

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