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Based on discursive analysis, Chapter 3 focuses on the briefs produced in Madrid and the colony to mount the plaintiffs’ case for collective freedom. It examines the meanings of freedom in the Spanish Atlantic and the battery of legal tools, including the rarified one of prescription, deployed in the plaintiffs’ memorials to buttress their case of wrongful enslavement and collective freedom. The case entered unchartered terrain with the claim that belonging to a pueblo constituted a way of enacting and producing freedom collectively, an innovative claim based on notions of corporate belonging in the Spanish Atlantic world especially related to municipal bodies such as pueblos. The chapter parses a distinction between civil and political freedom made in some briefs. Civil freedom was understood in opposition to slavery as personal freedoms that free subjects could enjoy as royal vassals even in the context of colonialism and royal absolutism. Political freedom depended on municipal belonging, the space in which limited self-rule and citizenship could be locally enacted in an absolute monarchy. The chapter draws out the possible normative implications of this claim for Afro descendants at large who, at most, could only enjoy civil freedom rights in the empire.
This introductory chapter presents the puzzle of the variation in agrarian elites’ capacity to organize electoral representation across Latin America after the third wave of democratization and discusses the consequences of this variation for redistributive politics. It summarizes the book’s central argument that agrarian elites’ strategies of political influence are explained by two factors: the perception of an existential threat and the level of intragroup fragmentation. Then, it discusses the relevance of that argument for the comparative politics literature, in particular regarding the relationship among economic elites’ representation, democratic consolidation, and redistribution. The chapter also offers background about a series of structural and political transformations that have changed agrarian elites’ sources of power in Latin America over the last six decades and describes my research methods, case selection strategy, and data sources.
This chapter analyses a case of party-building by agrarian elites in Chile. It presents evidence of Chilean landowners’ financial support of the political right, their identification with rightwing legislators, and the programmatic convergence between agrarian elites’ preferences and the policy positions of rightwing parties, Renovación Nacional (RN) in particular. The chapter argues that agrarian elites in Chile decided to invest in an electoral strategy of political influence at the time of the democratic transition because they feared a center-left government would endanger their property rights. It presents evidence of how this perceived threat was founded on landowners’ previous experience with democracy during the 1965–1973 period, when their farms were expropriated. The chapter also illustrates how low intragroup fragmentation facilitates party-building. Shared political and economic interests among the Chilean economic elite in general, and agrarian elites in particular, decreased the coordination costs associated with building a party to represent them. The chapter analyses the tax reform of 1990 and the Water Code reform of 2022 to show how the partisan strategy works.
Focusing on the relation and conflict between imperial, colonial, and local levels, Chapter 1 lays out the historical context that gave rise to the collective freedom suit. It first traces the process of making law and policy according to the imperial state’s reform imperatives here directed at the privatization and revival of an extractive metal industry based on the once rich copper mines of El Cobre near Santiago de Cuba. Crucial to the production of artillery in the Crown’s arms industry, copper was at the time a strategic resource for the imperial state. But for the beneficiaries of the privatized mining estate, the most valuable resource were the former royal slaves who had long lived in quasi freedom as an unconventional pueblo in the mining jurisdiction. A growing demand for slaves in the colony led to the re-enslavement, removal, and sale of hundreds of cobreros, or natives of El Cobre, thereby upending former local customary practices. A denied offer for a collective self-purchase, or coartación, and land eventually led to a wrongful enslavement action in Madrid. The chapter shows the major impact of imperial Bourbon reforms and of global factors in this so-called hinterland region of empire.
The freedman Gregorio Cosme Osorio’s extant letters from Madrid in 1795 are the focus of Chapter 6. They provide a direct perspective of a cobrero leader’s legal culture, his views on the case, and his activities as liaison between Madrid and El Cobre (including an alleged meeting with the king). Cosme’s missives from the royal court, which high colonial officials considered subversive, critiqued politics of the law in the colony and kept the cobreros abreast of the imperial edicts issued in Madrid in their favor which colonial authorities ignored. His liaison role during fifteen years was crucial to keep the case alive in the royal court.
Chapter 2 examines the local context of the pueblo of El Cobre and its members’ response to the privatization of the mining estate and their ensuing enslavement. It probes the unorthodox character of this community and the villagers’ vernacular collective self-identification as “cobreros,” or natives of El Cobre, an identification that they pressed on the court to counter their captivity and make other claims. The bonds of pueblo towered over and above possible internal cleavages along formal free or slave status, class, race, and gender. The cobreros’ collective action was possible precisely because of their social bonds and (informal) organization as a pueblo. The community empowered Gregorio Cosme Osorio, one of their own, to be their apoderado or legal representative in the royal court in Madrid, a rare liaison position for a colonial racialized man and another extraordinary aspect of the case. The chapter then turns trans-local as it traces Cosme’s journey and the networks he created from El Cobre to Madrid to litigate collective freedom. The chapter also examines the financial, administrative, political, and social challenges that these colonial litigants faced in accessing the judicial arena, particularly at the imperial level.
The chapter examines the distinctiveness of this composite freedom suit; the unorthodox Afro descendant community that took it to the highest imperial tribunal in Madrid; and the larger historical context that triggered the legal action in the early 1780s. It lays out the significance of the notions of “collective freedom” and “natives of a pueblo” deriving from colonial customary practices and from political, social, and juridical discourses rooted in the Spanish Atlantic world here reworked into novel proposals that challenged the approaching tsunami of slavery expansion in Cuba and the Atlantic world amid the Age of Revolutions, and it even presented a colonial alternative to slave-based plantation and extractive regimes. Linkages are made between the local, colonial, and imperial levels in which legal and political mobilizations unfolded. The chapter also surveys the various historiographies of slavery, race, Afro descendants, Indians, and law, politics and society that intersect in this study and discusses the sources and archives on which the study is based.
The cobreros entered the Age of Revolutions in 1780 in a calamitous position but emerged in 1800 in a stronger one with an edict recognizing their freedom and their pueblo. Although they retained their formal civil freedom, the limited political freedoms they obtained were eroded during the first decades of the nineteenth century given wider colonial and global changes. Yet the cobreros continued using the courts invoking the Freedom Edict of 1800, but how the local identity of natives of El Cobre continued to be mobilized or how it changed in subsequent generations with the arrival of other settlers and the globalization of El Cobre remains uncertain. After summarizing the main findings and arguments of the study, the book concludes with a reflection on the significance of the category of local nativeness for racial colonial subjects and the political uses and rights claimed for this category in changing historical contexts in the past and its reemergence in various Latin American nations in the twenty-first century.
This chapter explores how the book’s arguments travel beyond the analyzed cases of Argentina, Brazil, and Chile, and discusses their broader implications for the field of comparative politics, in particular for the relationship among economic elites’ political representation, democracy, and inequality. It deals with questions such as: under what conditions will landowners respond to existential threats with electoral organization instead of by trying to destabilize democracy? When are candidate-centered strategies a viable substitute for party-building? Do the same factors that shape agrarian elites’ strategic choices explain how other interest groups organize to influence policymaking? First, the chapter tests the scope conditions of the argument by analyzing agrarian elites’ strategies of political influence in a country where democracy is less consolidated: Paraguay during the Lugo administration (2008–2012). Next, it looks at party-building by agrarian elites beyond South America, in a different historical context marked by civil war: post-1979 El Salvador. Finally, the chapter extends the argument beyond agrarian elites, focusing on nonpartisan electoral representation by other interest groups in two contemporary cases: for-profit universities in Peru and conservative religious groups in Colombia.
Chapter 4 focuses on the meaning and deployment of the novel (and controversial) category of “natives” of a pueblo, widespread throughout the Spanish Atlantic world, to bolster the plaintiffs’ claims to freedom and other rights. The chapter explores both the Spanish and Indigenous traditions that informed the category of nativeness (naturaleza) used in the court briefs and examines their implications for a community of Afro descendant and other racially mixed subjects. The chapter compares the unconventional standing of El Cobre with that of the Indian pueblos of El Caney and Jiguaní in the island’s eastern region to explore the controversial claims to Indian ancestry.