8. The juridical situation of the American territory historiographical debate. 20th and 25th of February of 2014

20th and 25th of February of 2014

We have done at the tenth and eleventh days:

The juridical situation of the American territory historiographical debate:

At the tenth and eleventh days, the teacher has told us about the juridical situation of the American territory in Spanish colonies and British colonies.

Spanish case:

In the Spanish case, the zone under the control of Spain in Americas, was called Kingdom of Inides.

The kingdom of Indies is an other organization of the Castilian Crown and, like the Elisabeth the Catholic said in 1503, the inhabitants of the Indies were subject. And the new conquested lands in America were assimilated by the Castilian Crown and they put cabildos on the cities, more or less the same organization of Castille. 

Those aspects for instance appear Ricardo Levene’s Las Indias no eran colonias.

But those lands really were colonies so they had political and economical dependence, and America and Castille weren't in the same position. Because in Castille the lenguage was Spanish and in America was criollism

-First attempts to organize(1492-1535/43)

In the first 8 years the conquest became kingdoms, more or less in Antilles

When the Spanish people took territories in Terra Firme, so in the continent, the land that was took became a land belonged to governor until the died, and when the governor died the land returned to Spanish crown.

The land belonged to governor were “governaciones” but when the conquest of Aztecs and Incas empires done, this form of govern became impossible to do. So start other form to govern like

Were three forms of institution, in the first step, on the top was central institution, in the second step was regional institution and at the end was local administration

-Central instituions:

Govern of the trade from America to Europe, appear one institution:  Casa de la Contratación ( House of Contracting(1503), that corpus control, until 1718 was the only port that had permission to trade with America.

Consejo de Indias- Council of the Indies(1524). The council hadn’t birth because it appeard step by step from the Council of Castille. It decided and controlled civil and ecclesiastical topics in America. Everything coming from America was doing by that Council.

-Regional institutions:

Governaciones: This is the first one, and it created colonies, and "capitulaciones", it had competences on govern, it has an equal institution called Camptaincies. During the colonial age they were the basic and of the administrative system of the Colonial Spanish America.

Audiencias: They were High Courts or Tribunals but nothing to govern. This was a system to avoid the abuses of one person governing bodies, but the Crown put in Audiencias, a governor president.They had : competences in Justice and governmentm, and they were formated by : oidores(judges), president(not judge), prosecutor, protector of the Indians.

Viceroyalties: They were the most important regional institution, and they were two until the Borbon dinasty arrived to Spain. The first one was New Spain viceroyalty, borned in 1535 and the second one  was Peru viceroyalty borned in 1543. 

The first one was a consequence of the failure of the two previously attempted system of government: the term of governor Hernan Cortes and the term of first: Foverning audiencia of Mexico.

The second one was, in order to assure the implementation of the “New laws” one of whose aims was to erase forever the institution of “encomienda”(Peru’s Civil Wars).

                                                    Viceroyalties since XVIth century until XVIIIth century

When the Borbons arrived to Spain  Appear two more  viceroyalties: Nueva Granada and La Plata.
                                                  

                                                            Viceroyalties since XVIIIth century

But  wasn’t uniform and hierarchical, because was the vertical accumulation of power, and the asymmetrical power and competences of institutions. And to avoid all the step, all of step belonged to one person.

And the other problem was the situation.

When the Borbon’s arrived to the Crown  put intendencias. So were: Governaciones-Intendencias-Audiencias. In the borders put capitancies and commandancies.

Conclusions: “ Lack of planification.” There was not a single, simple structure: but an accumulation of laws. Balance between unipersonal and collective institutions of government. 

British case:

In this case the organization was that:

-In the first step: Crown

-In the second one: Governation

-In the third one: Assambly, to organizate the land.