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Land Tenure among the Aborigines of Latin America
Published online by Cambridge University Press: 11 December 2015
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IN Latin America of the present day there still survive, to a greater or lesser extent, some vestiges of the non-material cultural traits of its Indian forbears. In the so-called “Indianistic” nations (those which still contain a high percentage of their total populations which has been identified as Indian) such as Mexico, Guatemala, Ecuador, Peru, and Bolivia, modern-day reflections of pre-Columbian culture, including concepts of land tenure, are of extreme importance. In other Latin American nations, where there are sizeable Indian (“ethnic” or “cultural”) populations, and where these Indians still maintain their own segregated communities, such as Panama, Colombia, Venezuela, and Chile, aboriginal patterns of tenure, somewhat modified by the centuries, are still evident.
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References
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54 lbid., 116; Clavigero, Francisco Javier , Historia antigua de México (México: Editorial Porruá, S.A., 1945), II, 223–226.Google Scholar
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57 This has been a mooted question. Bandelier, Adolphe, “On the Distribution and Tenure of Lands Among the Ancient Mexicans,” Reports of Peabody Museum of American Archeology and Ethnology, II, 447–448, 1876–1879 Google Scholar, maintains that individual proprietorship in lands was completely alien to the Aztec mind. In light of later investigations, McBride, Land Systems, note 30, p. 121, asserts that by the sixteenth century individual property rights in land were well on their way to acceptance among the Aztecs.
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61 Núñez, Lucio Mendieta y , La Economía del Indio (México: n.p., 1938), pp. 4–6.Google Scholar
62 Ibid., p. 6.
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65 Mendieta, loc. cit.
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69 Roys, Ralph L. , The Indian Background of Colonial Yucatan (Carnegie Institution of Washington, Publication No. 548; Washington, 1943), p. 33 Google Scholar; see also ibid., pp. 33–37, 57–64, 71–83.
70 Schultze Jena, Cf. Leonhard, La vida y las creencias de los indígenas Quichés de Guatemala Google Scholar (Sobretiro de los Anales de la Sociedad de Geografía e Historia de Guatemala, Vol. XX, Nos. 1–4, 1945; Guatemala, C.A., 1946), p. 9.
71 For a discussion of the milpa system, common in the aboriginal New World, especially in lowland-forested areas, see Morley, , op. cit., pp. 141 Google Scholar ff.; Cook, O. F., “Milpa Agriculture, A Primitive Tropical System,” Annual Report, Smithsonian Institution, 1919 (Washington: Government Printing Office, 1921), pp. 307–326.Google Scholar
72 See Vaillant, , op. cit., p. 9 Google Scholar; Roys, , op. cit., pp. 38–39 Google Scholar; Redfield, Robert, The Folk Culture of Yucatan (Chicago: The University of Chicago Press, 1941), pp. 114–116 Google Scholar; Shattuck, George C. , et al., The Peninsula of Yucatan (Washington: Published by the Carnegie Institution of Washington, 1933), p. 71 Google Scholar. This situation, interestingly enough, is not solely restricted to the New World, but is part of a greater world-wide pattern. Notes Ford, op. cit., pp. 389–390, “With migratory tillage and brush clearing, ownership of the land itself, save in the sense of group control of the territory as a whole, has in general little value. Good land promising a rich reward is undoubtedly appreciated in advance, but there is nearly always an abundance of such land within the territory for all the labour available; it is the actual work of clearing and cultivating that is of great significance. To cleared and productive land there are nearly always individual or family rights.”
73 See: Wagley, Charles, Economics of a Guatemalan Village (Memoirs of the American Anthropological Association, No. 58; Menasha, Wis.: American Anthropological Association, 1941), pp. 58–59 Google Scholar; Sol Tax, et al., Heritage of Conquest, The Ethnology of Middle America (Glencoe, 111.: The Free Press, 1952), pp. 60–61.
74 Redfield, op. cit., p. 52.
75 Gaspar Antonio Chi, “Relación,” (Affixed as Appendix “C” in Landa, op. cit.), p. 230. The parentheses of the Tozzer translation have been eliminated here.
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77 The literature on Maya land tenure is nowhere near as plentiful as that of their Aztec neighbors. Certainly the fact that Maya tenure was not formalized and rigidly restricted and, hence, was not of great concern to either Maya or European chroniclers and historians, partially explains this situation. The Chi manuscript is fragmentary; the good Bishop de Landa, otherwise so attuned to the Maya culture of his day, is niggardly with regard to land tenure. Morley, who has a great deal to say concerning milpa, agriculture, dismisses tenure in a few words (op. cit., p. 175) and further quotes from Landa, who has little to say. Roys has probably shown the greatest amount of interest in ancient tenure, and Redfield in modern tenure. It is, therefore, of interest to reproduce one of Redfield’s notes (op. cit., p. 381, note 8) written after communication with Roys concerning the matter of individual rights in lands among the Maya. States Redfield: “Roys’ study of early land documents in Yucatan indicates to him the existence of individually owned and inherited tracts of land in the Chan Kom region a few years after the Conquest. A document of 1561 suggests such ownership, and in another, probably only a few years later, dealing with the same property, the owner refers to the land as ‘the forest of my ancestors.’ Roys inclines to the view that just before the Conquest in this part of Yucatan most land was held by a land-holding organization similar to the Aztec calpolli, that other land was then held by individuals, and that after the Conquest the calpolli ownership became converted into ownership by towns, both of farmlands and of town plots … So in very early Colonial times or before both forms of control existed: by single villages (as in the tradition and now the law in Chan Kom area) and by groups or alliances of villages, as in east central Quintana Roo today …”
78 Roys, , op. cit., pp. 34–35.Google Scholar
79 Chamberlain, Robert S. , The Pre-Conquest Tribute and Service System of the Maya as Preparation for the Spanish Repartimiento-Encomienda in Yucatan (University of Miami Hispanic-American Studies, No. 10; Coral Gables, Fla.: University of Miami Press, 1951), pp. 13–27 Google Scholar; see also “Cogolludo’s Account of the Early History of the Mayas and Some of their Customs” (1688), in Means, op. cit., pp. 12–13.
80 Landa, op. cit., p. 96.
81 Roys, op. cit., pp. 34–35.
82 Landa, loc. cit.
83 See, regarding the sapa iñka: Rowe, “Inca Culture,” HSAI, II, 257–260; Baudin op. cit., pp. 115–128; José [Josephus] Acosta, [Natural History, etc. of the Indies] in Samuel Purchas, Hakluytus Posthumus or Purchas His Pilgrimes (Glasgow: James MacLehose and Sons, 1906), XV, 381 ff.; Bartolomé de las Casas, Las Antiguas Gentes del Perú (Lima: Librería e Imprenta Gil, S.A., 1939), pp. 87–110; Pedro Cieza de León, Del Señorío de los Incas (Buenos Aires: Ediciones Argentinas “Solar,” 1945), pp. 72–114; Inca Garcilaso de la Vega, Commentarios Reales de los Incas (2a Edición; Buenos Aires: Emecé Editores, S.A., 1945), I, 39 ff.; Inca Garcilaso de la Vega, Historia General del Perú (Buenos Aires: Emecé Editores, S.A., 1944), I, 198–199; Charles Gibson, The Inca Concept of Sovereignty and the Spanish Administration in Peru (Latin American Studies IV; Austin: The University of Texas Press, 1948), pp. 15–31; Harold Osborne, Indians of the Andes: Aymaras and Quechuas (Cambridge, Mass.: Harvard University Press, 1952), pp. 88–93. Interestingly enough, the sapa iñka, for all of his elevated position, still took his turn at turning the soil, however symbolically, each year at the agricultural religious rite for that purpose. Inca tradition did not permit him to forget that he, along with his people, was an agriculturist. See Bernabe Cobo, Historia del Nuevo Mundo as quoted in Rowe, “Inca Culture,” p. 265.
84 Baudin, op. cit., pp. 129–146; Las Casas, op. cit., pp. 122–129; Garcilaso, Comentarios, pp. 197–198; Osborne, op. cit., pp. 92–93; Rowe, “Inca Culture,” HSAI, II, 260–264; Paul Kirchoff, “The Social and Political Organization of the Andean Peoples,” HSAI, V, 297–300.
85 The curacas, and the number of commoners under them, as well as the camayocs, and the number beneath them, follow: bono koraka, 10,000; picqa-warañqa koraka, 5,000; warañqa, 1,000; picqa-pacaka koraka, 500; pacaka koraka, 100; picqa-coñka kamayoq, 50; coñka kamayoq (decurion), 10. From Rowe, “Inca Culture,” HSAI, II, 263.
86 Moisés Poblete Troncoso, La Economía Agraria de la America Latina y el Trabajador Campesino (Santiago: Ediciones de la Universidad de Chile, 1953), p. 107.
87 As cited in Rowe, “Inca Culture,” HSAI, II, 265.
88 Regarding Inca tenure, specifically the tenure of communal lands, see: Bennett, “Andean Highlands: An Introduction,” HSAI, II, 21, 48; Acosta, op. cit., pp. 388–389; Baudin, op. cit., pp. 153–168; Castro Pozo, op. cit., pp. 483–487; Garcilaso, Comentarios, pp. 225–232; Osborne, op. cit., pp. 93–97; Rowe, “Inca Culture,” HSAI, II, 255, 265–267; Poblete, op. cit., pp. 105–111; Leonard, Olen E., Bolivia: Land, People, and Institution (Washington, D. C.: The Scarecrow Press, 1952), pp. 102–194 Google Scholar; Markham, Clements, The Incas of Peru (New York: E. P. Dutton and Company, 1910), pp. 159–161.Google Scholar
89 Castro Pozo, op. cit., pp. 484–485.
90 Cobo in Rowe, “Inca Culture,” HSAI, II, 266.
91 Ugarte, Cesar Antonio, Los Antecedentes Históricos del Régimen Agrario Peruano (Lima: Librería e Imprenta Gil, 1918), pp. 45 Google Scholar ff., 56–57.
92 Markham, op. cit., pp. 161–163. Such services might also be demanded of any other member of his family. His daughter, as an example, might be chosen to be an aklya-kona (chosen woman), who, because of her beauty and physical perfection, would serve as a nun-concubine in one of the Emperor’s convent-brothels. See Rowe, “Inca Culture,” HSAI, II, 269.
93 Garcilaso, , Comentarios, pp. 232–233, 275–277 Google Scholar, remarks that it was through such mitas that the magnificent irrigation projects of the Inca were brought to completion. Most of the better irrigation systems were in the lands of either the Sun or the State.
94 Rowe, “Inca Culture,” HSAI, II, 267–268.
95 Bennett, “Andean Highlands; An Introduction,” HSAI, II, 21; Ugarte, op. cit., pp. 56–57.