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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.
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.
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