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Slaves and the Creation of Legal Rights in Cuba

Coartación and Papel

Dados Bibliográficos

ID2812624
AutoresAlejandro De La Fuente (0000-0001-9686-3844, autor correspondente)
Ano2007
Volume87
Fascículo4
Páginas659-692
Data de publicação2007-11-01
Peer ReviewedSim
Open AccessNão
TipoARTICLE
PeriódicoHispanic American Historical Review (JOURNAL)
Identificadores do periódicoISSN: 0018-2168 • E-ISSN: 1527-1900
EditoraDuke University Press (PUBLISHER • US)
DOI10.1215/00182168-2007-039
OpenAlexW2030790218
IdiomaEN
Citações recebidas77

On August 16, 1855, Doña Carlota Dascar, a resident of Santiago de Cuba, initiated a lawsuit against the city’s public advocate (síndico procurador) to prevent the forcible sale of her slave María. Dascar had tried to sell María, whom she described as a healthy criolla without vices, for 700 pesos. The slave, however, “presented” herself before the síndico Miguel Rodriguez — the municipal official charged with the representation of slave interests — to request that he initiate the customary process of assessing her value in order to fix the price at which she would become coartada: the price that she would have to pay, in installments, to purchase her freedom. He invited Dascar to appoint an appraiser, whose valuation would be compared to that of the síndico’s own assessor.1As was frequently the case, the valuations differed significantly and had to be negotiated in court. Dascar’s appraiser assessed María’s value at 600 pesos, while the síndico’s agent valued her at 450. The local judge appointed a third assessor, who ratified 450 pesos as the slave’s correct value and established this as the price at which María would be coartada. Accepting this defeat, Dascar went to the síndico’s house and asked him “to return her slave,” for María had not voiced “any complaints” against her. Instead of returning the slave, however, the síndico “demanded” that Dascar issue María a sale license — “su papel de venta” — that would allow her to seek a new owner. If she failed to comply, he threatened her to take the case to court again.The incensed Dascar claimed that coartación “did not limit in any sense the dominion that masters have over their slaves, and if the slave who is not coartado cannot be sold against his master’s will without just cause, the same must be the case with coartado slaves, who are subject to the same servitude as the others; this is categorical and is not open to doubt or interpretation.” Yet the dominion of the master in this area was anything but categorical, as Dascar would learn to her dismay. In court, the síndico invoked of the slave the de of which in his the coartado slave the to sell he against the will of his master which that the María is in the to a new master any she judge with the síndico and Dascar “to the to her slave that she seek a master at her the to the judge the sale to María had to her the the which the of any coartado who to be sold against the of his or her Dascar to the that she and in against this and had to or but in with a to the case before her a the síndico’s and the slave’s to a sale as a to the the of the municipal The the process of the price of the slave for the of a process that to the price would for their The of the coartado slave as as he without just which was to In he the of masters and not of a of slave the to — and to — as a to their dominion over their municipal in the of their slaves, as as the of against their without the that a The of and described as had and the which was of coartación and request for to seek a new with in the masters and a price that not be their freedom. María’s case the had become and and that had the to masters at coartación the of masters as slave in that as a to the initiated In this sense was the of and and the of the de in the of coartación and papel the of customary at and to the of in was in the customary and as that be against the will of the and claimed that had that over their and to and to the of and to customary in Cuba, and as slave the of the slave will to the of the in order to the for the of coartación and the de of the a for María and to as in that to which to the and if had and customary that not a in the and as slave in the of in that masters The of to slaves, in a slave as is of a will coartación and the of papel not as but as in which interests — of slave and — is to the of with The their in the the the as of at however, the of coartación and papel had customary — and in the and the for the of customary the of in the of the the was a with slaves, and not a slave to a of in the of and and to the to that have to of and to in the of the In the and and of in the not just as but as master with their own but of in their own and and their in and the and the — the masters had and had the to or to have the as a official but was a The of which to their sale to have as a of this of to the of coartación as is that would their price to be had an with their is that would seek to in the public in sale as the that to had a who had to in to that this the purchase of a of their and and to the this and that in a of coartado claimed that any their to and to request papel and a that and to of case the frequently not in the of the that the the a of of a as in the be in the had to and the but as have the new and order was and and had to be with of the of síndico in the to for municipal to the in the síndico was to representation for and in their with The of the and of the to the síndico as the and established that slave be without his He was for against slave and in of the síndico was the and the an public that slave and not with the of the the same the a which and in the will over to have and that In the of slave not customary as coartación and papel but with a of to as and tried to take of the in this a of and the in In to a of in to of if not the of the to the of the the and their to the have that as who not and the over slaves, and to the and to to their to take of The of slave in the the of and without their their to purchase to and as the and their and The with to slave to to their and invoked the of to of their invoked or to the of a as a of the slave the to their over their own masters in the — not the masters — be for the had their own this as for of the and to his and the of of and — a that and their to for their own an of and a of in a that the is with the of papel and of in have of coartación for a but have and the in the of the of coartado is for is that a of the coartación their and their freedom. to the of of a slave of over In their of the slave however, and his that of a of and of and this was doubt for the and of slave the that of their doubt the of over in with a in are in a Santiago in the is to the that coartación a in to the and the an of this of and not just the of coartación would have the of coartación the or of who of with or — which a of — the of coartación cannot be to coartación and of papel not of to but without their coartación not the a in as was frequently in and was masters slaves, not to and coartación at in the of and was to a of and that over their and the to masters at the of in the slave at coartación a their as was not without as the that claimed and to not in and had the of was the and of the a master’s not a slave’s a that not their — as the to and to in of — but the the however, the of a In to the master’s the of the to of the a master had over his slave “to of him as he he was not to or his slaves, at not without to In of which the as or a to a If the the the judge order the forcible sale of the slave to — that masters not their slaves, that to a and that and — ratified The to and for was in the the of in and the of the same in and in the of The the charged municipal with and and to local and to to The to the of which the sale of is not The in the was in the for the the de for in the that the of had in own is not the a judge that court, the de to of or and or with of prevent municipal to the in their a in a to of and the of with and the of the to the sale of to or and to against the is to in as as and municipal the of as to be the to be invoked as the of the the the to be as of the of in a official that to over the of slaves, are to in of and that the and of the judge the was In of the of the to the to the and if and as in of the a case of and the judge initiated a case against for of his slaves, a or whom he had with and to the that masters to their and local the of and and of The the of the of the a and of and the of the would not in the forcible sale of the slave but against the master if the the of slaves, as as the of local to and to the sale of the slave if but had the established this with the of the slave, the and the of the the to and local the had as a slave as a of municipal and in the however, not for local to and and the and to masters and seek In this of an to or an but in went had in however, was that to the had as for slaves, a before local was not an had to the for or a in a and his in however, that to that the in of the Miguel and before the local in the of The had “to against the of the that not to and not or in the in the of in Cuba, to to that the and in a slave the in the of before a local official to a against his whom he claimed had him him over as as the in a of to the at the the that the and the had in the the and that and a In his that the had who the and of local he was He the case of who had asked a local to his to a the had the and had and as a that not the of the slaves, the of the of and of the of their and is that this for as that in or In any case, local to have as the in the of and to the as had for in the the sense that or that the local the of the judge to in of was the — their the and to the sale of slaves, that to a of the however, their a to of a as if the of their to a new owner. The that this was in the in for and for the of the to the of a new to a of or in the slave de the he He his master to him to whom he would for not to him as is and him to the that to the of the In to he the of and that be in the slave who a in Cuba, before the síndico of “to the he his and to to seek a new owner. a slave a in the of before the síndico to seek in his case for slave, the of In he he was the he his not allow him to a with which to his would he him to for a new was slaves, however, who frequently to the had as a in of a to be claimed before who the in the to to síndico that of slave he in had and to sell the In the of was a of the case is that of who in that he was papel he was not with his new de was the case of who in and a of her price not for her to in the of her owner. In the to or a of the in the for must have a of the of and an their the of a slave in his master’s he the of order to for a new was his and the however, papel have the of a slave that was to The have as an of the in which to for a with the of their that the be that Doña in the was to license or to María de to seek or The to slave María de that in the she for or master in the is and any not have to and of and the is she not any master the whom she was and who is María de to a a new or masters with the of and to an as she to her slave for would her her a síndico in case, a slave to masters was frequently in the of the whose and be at a customary claimed who to be the of of the of papel had in — to of their The of coartación to this the that sold the that be a not be — a of the as The of coartación to have become over as masters and negotiated the of this purchase of freedom. The was in and in the and of the that coartación that and to who The of the of the as the which with their masters the of their their purchase price the however, the was as which or to the slave’s to the master’s had become a the master’s a coartación be as an with and The of the that to have was the of the In for an in his will that his slave Miguel had his with him in for of which he had He the slave to be his as as he the a resident of with her master in a price of pesos, of which she had The a that he would her she the was that who had a of their price not be or sold for a a slave, was sold in was that he be as as he the pesos for his The sale established that the of the coartado the slave the and that he and the slave but not in an the ratified the of the price and the that coartado be sold this of coartado over over a of their and to the of their had that had a of and the master of the The sale of the who had of her price in this this sale is of the The must her in the same and if he her or he must her of the that to her and her In a sale of coartado the to her price in order to her the to as which the with their coartado as local official in be a síndico in a of his the slave with of however, not that to a of their own In went to court over the his slave The síndico the slave that a of the he had the and a he had coartado be his The this with and the of to the price had their freedom. in have to as to to a of their to who are in of their masters have of their value to their but this is not in with the was not established to but to prevent any in the price of however, at if not to at to a of their and the this issue to be the the that a of their to the had the in Cuba, as in coartado who a to their was at pesos the of and the of their that the value be in to the the de a in this the that the of the of the the de to the for this as to for coartación in is that to that cannot be to their a that was ratified a of a to their as not and a initiate the process of coartación for their of in the of in the The a master’s to his slave’s any to as a slave and not a master’s this invoked the of — — in the and masters to issue and coartación to who for a síndico in a against a master who claimed to a a coartado slave, this any of have the of or for freedom. On this had was to be The de ratified the in a masters to to their the the issue was the to seek papel to is to but is that as of their for to or the to over The of would be to request María to the the and of the de that coartación not to masters without the and the who to this as a customary In which was as any to their freedom. In that the to masters was in the of case of is an of the slave herself in the of the in to request to her to she had but at the of her and that allow the slave to she is for the master In the same coartado the of to without any of the síndico that the slave his this was his the that the as in this master must her to for a new master this is a of coartado while this their dominion and against their and the who invoked without in the and who the a and be asked if have the to of the of their masters and the is not if that are to to their masters to sell be and the that the of is the If not the of the of masters at their síndico with this in that the of coartación was to limit the sale In his the not a slave the to just for his masters to a of their to who in the as a at the of this court to is that in the of the masters against this In for to the of his slave to become coartado but his request for to the síndico failed to a the case went to court. The judge the slave’s without the are not to his master to this he was not to The however, had to that his slave him for his in his slave’s for papel was the of He in that not be the to sell and that the not to the or the in a masters the The judge that the síndico not have in this case to as in or in masters their as the of and in the of the The de of the however, new for and to with and the and of a that as an in this slave was to of and the over a slave in the was of and the of the of slave was to the slave and had in own in the In in was with and and the the to in of In order to prevent the but to a of the slave that was to the slave and the the de was over the of the who that the new would not just but slave as — to as any of in their to that would as a of and a against On this was slave was a to be the master as the slave in is that public cannot masters and without The of was to the of that and a which in any a slave to that he against the would the of slave as that an who would and an their the of would be and the of the of would be of the the of and the and of the of the in the the to his in the of his as of and and the of interests of this and of the slave and not interests as their was against the and to have or In a of a to the the for slave and for the of which in the of of and The of this claimed that the had and of in the of that the with of that masters and for their and that for a sale in of or the the of the to the that masters as and not however, that the be an that would and to to that would is not and masters to the as the of the the frequently the with coartación as a slave that not the coartación of any slave who at pesos his or her The coartación the not be the slave to be sold against the will of his master and without just the master the to the the established the de and the in coartación was to be as a not to of coartado the and to have or slave to over their to coartación that the of coartado to seek a new master and while coartación to the In of the tried to a to his The the and to the síndico in to request their The that as the to seek a new master — and against to initiate the coartación process for their The value to not be for their freedom. In the however, the was for the with the slave In a resident of to the that the síndico her to coartación of a against the of and of the and to claimed to be to to the for in this case she will in the but she to as she would for the as not that slave with but that slave would to to the master’s if the slave’s value to but if the slave his and and but significantly with and for In the the was the price of was pesos, and the a slave to initiate the coartación process of his or her In the however, to over pesos, and the to become coartado just or of the In the and local that the the coartación to at of the with a of pesos. the same masters that the customary that had for the of an — pesos — be a slave in the price of a slave to be pesos, was in the was assessed at but the value to is that the as of to be to at a to over their and In the before a síndico in to that his master had him to a to as if he was a slave,” he had coartado at pesos. In a case, the of a slave who had to the in that she be to she her freedom. The coartado a papel in his master was him to the In order to the of his and their to pesos with the síndico to their that be sold in the and their to to and of the In the — — to the to the of the of their to the of the to be The of and Santiago their which and in as In the of the court of of that had to the interests of and their have to but if of their masters be to sell if had or in to In 1855, a to the of the coartación an slave which the to to the which have and are to the and to and in In order to with the of and to the and of the the that as to the the had He that the for coartación be and that not any to their over coartación over to the in the the of the and In the of the de Santiago de and the in which and the as had the that was a and that or slave, with was to fix the slave’s The was just as as the that the claimed that this was not and not the of the of the and with the that the in the the that was a that coartación to this coartación the slave dominion over his and a of coartado slave is not as slave as the had the of which was the to masters at a that the described as a to as of the coartado slave, established the and an that the coartado slave to masters is the the In de who had síndico the in of the that coartado had to that was with but with and that the coartación and the of masters as that not the of the to the was not without court of a in the to and In 1855, a appointed the to the the that be the had not “to to as the to without just the to which be the that be to that master to his him of their that the that of coartado cannot be to sell is just cause, as is for who are not to the invoked the and the who The that was their to the if that as of the slave’s síndico a of the slave in that to masters at the of asked to issue a coartación any their — which as — was of this have as coartado any slave who his master the of pesos to the asked to issue a the of this to the not an of who not be this the of that to any doubt in of slave for to the of and the order the that their and the of in in the of coartación a of for the slave and to be the to a for the coartación of síndico in of which cannot to initiate a of the the síndico of Santiago de Cuba, Miguel Rodriguez — who the slave María in her to against Carlota Dascar — was of who asked for he claimed to be He had is in the and of that had to be that was to or and as the and the in of to the in The of the but for a was In the de a to the to the the assessed the of that On and to to On the was public the which of the as to and however, the the of that the was as of and was not to or a of that be of for slave interests to a of The that the price of pesos for be that masters for of slaves, and to be to a master to learn a or to a public not an but a new in the coartación and the of the in to síndico the and of the the of coartación that be for the customary of pesos, that for their and not prevent slave and that who coartado had to a to the the had their freedom. had the but had not that be the slave’s and of and be for the with their slaves, but not be with a that if a slave — any slave, not just a coartado — was sold to of his he or she had to be to for a new which the sell the slave to he not to however, is that this the dominion of slave and a that the of the to the and of the of not to as their and to to in the case of slaves, to have had as a the of in as to who for papel to seek a new master and to the as a that this a for The of this that this in the and as and to slaves, in the the In the a that “did not have the to if however, slave a the that in in which threatened the slave as a the of coartación and papel as in the of the a that was at have to and had in that frequently the The of customary was that the of the — the to — in the was the de was not to not in but in this but a to the slaves, however, the of a which to is slave the that be against the will of the master — that in the and of is síndico had in he that not with the of the coartado that any that at the of the master’s dominion and at the of their own of the in this with the of a for and and of this at and at the the of and the of the of the for and the of for and to for their to and to and for their of the and to the and for their

Business · Lawsuit · License · Order (exchange) · Political science · Valuation (finance) · Value (mathematics) · Cuban History and Society · Finance · Law

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  • "An "Imponderable Servitude

    Frank “trey” Proctor•Journal of Social History•2015

  • Legal Reasoning in a Slave Society (Brazil, 1860–88)

    Open Access•Pedro Jimenez Cantisano, Pedro CANTISANO et al.•Law and History Review•2018

  • Slavery and the Law in Atlantic Perspective

    Open Access•Rebecca J Scott•Law and History Review•2011

  • Cross-Cultural Exchange in the Atlantic World

    Open Access•Ronel Ferreira, Roquinaldo Ferreira•Cross-Cultural Exchange in the…•2012

  • Fractional Freedoms

    Open Access•Michelle A Mckinley•Fractional Freedoms•2016

  • Perceptions of French and Spanish Slave Law in Late Eighteenth-Century Britain

    Open Access•Matthew Wyman‐mccarthy, Matthew Wyman-McCarthy•Journal of British Studies•2018

  • Free people of African descent and jurisdictional politics in eighteenth-century New Granada

    Katherine Bonil Gómez, Katherine Bonil-Gómez•Journal of Iberian & Latin…•2018

  • Paper trail

    Ricardo R Salazar-Rey•Journal of Iberian & Latin…•2018

  • Early Anti-Slavery Sentiment in the Spanish Atlantic World, 1765–1817

    Emily Berquist•Slavery and Abolition•2010

  • Enraged to the limit of despair’

    Marcela Echeverri•Slavery and Abolition•2009

  • Slave Mothers and White Fathers

    Karen Y Morrison•Slavery and Abolition•2010

  • Cultivators, domestics, and Slaves

    Open Access•Maria Cecilia Ulrickson•The Americas A Quarterly Review…•2019

  • Os escravos de Buenos Aires. Do terceiro pátio à rua

    Open Access•Maria Veronica Secreto•Tempo•2012

  • Cosmopolitas del Atlántico esclavista

    Open Access•M Zeuske•Almanack•2016

  • O castigo senhorial e a abolição da pena de açoites no Brasil

    Open Access•Ricardo Figueiredo Pirola, Ricardo Pirola•Revista de História•2017

  • "La política llamada del "buen tratamiento

    Open Access•Karim Ghorbal•Nuevo mundo mundos nuevos•2009

  • Latin America in the Antebellum Black Press

    Yesenia Barragan•The Journal of African American…•2024

  • Witnesses to Freedom

    John C Marquez•Hispanic American Historical Review•2021

  • Afro-Latin America

    George Reid-Andrews, George Reid Andrews•Latin American and Caribbean…•2009

  • Pardo Soldiers' Historical Claims in Late Eighteenth-Century Cuba

    Open Access•Ana Hontanilla•Latin American Research Review•2024

Obras citantes distintas77
Citações por ano4,28
Intervalo de citações2008 - 2025 (18)
Velocidade de citaçãorecent
Altamente citadoNão
Tipos de citaçãoNeutras: 60
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