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8 - The Final Outcome of the Case

Published online by Cambridge University Press:  14 November 2024

María Elena Díaz
Affiliation:
University of California, Santa Cruz
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Summary

Chapter 8 focuses on the imperial state level to examine the legal and political logic informing the final adjudication of the case in 1799, a decision that constituted a shift in the decisions the Council of the Indies and colonial tribunals had been taking in the 1780s. The chapter examines the political reasons related to mining utility and security that informed the shift and the juridical basis imperial jurists used to ground the case’s outcome. Ultimately, the Bourbon Crown ruled in favor of the cobreros but attached caveats related to Indian law to their collective freedom. The chapter ventures into the immediate aftermath of the Freedom Edict of 1800 to examine the challenges that emerged in the colony regarding the actualization of the decreed emancipation. It also interrogates the possibility of compensation or reparations to the cobreros for their wrongful enslavement.

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From Colonial Cuba to Madrid
Litigating Collective Freedom and Native Rights in the Spanish Empire, 1780–1814
, pp. 257 - 284
Publisher: Cambridge University Press
Print publication year: 2024

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