Benito Juárez was born on March 21, 1806, in San Pablo Guelatao, a Zapotec-speaking hamlet in Sierra de Ixtlán (renamed the Sierra de Juárez on July 30, 1857) in Mexico’s southeastern state of Oaxaca. He died in the National Palace on July 18, 1872, as President of the Republic, an office he had occupied since January 1858, when, as President of the Supreme Court, he had succeeded the moderate Liberal Ignacio Comonfort, who had been driven into exile by a Conservative military revolt. During his fifteen years as president, a younger generation of Liberals, few of whom could remember the revolution of Independence (1808–1821), radically transformed Mexico’s laws and institutions. In October 1855, when Juárez was the minister of justice in the newly formed Liberal government, he implemented the “Law of Restriction of Corporate Privileges,” which is credited with setting in motion the wider Reform movement.
Between 1855 and 1860, in what was at the time called La Revolución but soon became known as La Reforma (the Reformation), Mexico moved from being a “Catholic Nation,” in which many of the social and racial hierarchies and corporate privileges of colonial rule still held sway, to becoming a secular federal republic regulated by a liberal constitution based on the sovereignty of the people and equality before the law, reducing the legal immunities and special privileges of the army and the Catholic Church and establishing a single system of civil law that guaranteed a wide range of freedoms and social rights. In the face of a Conservative uprising in January 1858, which broadened into the Three Years’ War (1858–1861), Liberals pressed ahead with an ambitious project of religious and civil disentailment (desamortización) that abolished corporate or communal property in favor of individual private ownership. The Liberal revolution was further strengthened in 1859 by the “Laws of Reform,” which ordered the wholesale nationalization of Church wealth and the closure of nunneries and monasteries; barred Roman Catholicism, the national religion until 1857, along with any other religion, from external manifestations of the cult; and established a civil registry and a strict separation of church and state.
Conservatives, undeterred by their defeat in the Battle of Calpulalpan, in December 1860, and in spite of Juárez receiving his first full popular mandate in the elections of March 1861, redoubled their resistance to the Reform by encouraging Napoleon III’s colonial ambitions, efforts that culminated in January 1862 in the occupation of Veracruz by forces from France, Britain, and Spain and the imposition of Maximilian Habsburg as emperor in April 1864. Juárez now led the defense of the Liberal republic on two fronts, and he retreated to northern Mexico, from where he coordinated resistance to the Empire.
Following the defeat of the Second Empire, which culminated in the execution of Maximilian alongside the principal Conservative generals at Querétaro on June 19, 1867, Juárez returned to the national capital wearing the twin laurels of Liberal law giver and savior of the nation. Although at his death, in 1872, he faced many enemies, especially in the Liberal camp, Juárez soon became enshrined as Liberal Mexico’s undisputed founding father and moral guide, much in the mold of his contemporaries Giuseppe Garibaldi and Abraham Lincoln. Under his leadership, liberalism had become insolubly fused with patriotism in the republican victory over European monarchy—Mexico’s second revolution of independence. La Reforma is recognized as a major watershed in Mexico’s history on a par with the revolution of Independence from Spain and the Revolution of 1910–1917.
Article
Jaime E. Rodríguez O.
The concept of a constitution, a political entity that determines how a people are governed, emerged in ancient times. The government of the Roman Republic (509–27 BC) influenced the Western world. Later, Romanized Visigoths adopted a charter, the Fuero Juzgo (654), in the Iberian Peninsula that integrated Roman and Visigothic legal systems. The document influenced regional political entities throughout the Middle Ages. In the 13th century, each of the realms of the Iberian Peninsula adopted individual rather than shared fundamental codes. In 1265, King Alfonso X established Castilla’s and Leon’s first constitution, the Siete Partidas. The New World obtained its own legal system, known as the Derecho Indiano (Laws of the Indies). Like the kingdoms of the Iberian Peninsula, those of America created a compact between the monarch and the citizens of each realm rather than Hispanic America as a whole. These systems of uncodified legislation evolved to meet changing circumstances and societal norms. They provided corporations and individuals expanding opportunities for indirect and direct experience in self-government.
In 1808, an unexpected upheaval transformed the Hispanic world. The French invaded Spain. Emperor Napoleon Bonaparte lured the royal family into France, compelled them to abdicate in his favor, and then granted the Spanish monarchy to his brother, José. The Spanish people did not accept the usurper king, José I. They formed the Junta Central to oppose the invaders. As the French continued to conquer the nation, they convened a Cortes, which met on September 24, 1810, in the port of Cádiz. Approximately 220 deputies, including sixty-five Americans and two Filipinos, eventually participated in the extraordinary Cortes of Cádiz. Deputies representing overseas dominions played a central role in developing the most progressive constitution of the 19th century. Despite the political chaos that surrounded the constituent congress, the delegates debated and eventually reached consensus on a modern, flexible charter that reconciled the competing interests of the multiplicity of areas and ideological positions represented at the assembly. They produced a constitution for the entire Hispanic world that made the executive and the judiciary subordinate to the legislature. It also increased the scope of political activity by establishing representative government at three levels: the city or town with a thousand or more inhabitants (constitutional ayuntamiento), the province (provincial deputation), and the monarchy (Cortes). The charter transferred political power from the center to the localities, and incorporated large numbers of people into the political process for the first time by redefining the concept of active citizenship (i.e., those eligible to vote). This fundamental document formed the basis for constitutional development throughout the Hispanic monarchy and for most charters promulgated in the nations that emerged after the breakup of that political entity.
Article
Emilio Peluso Neder Meyer and Maria Guiomar da C. Frota
Digital resources for Brazilian legal history in the early 21st century cover an essential range of subjects. Official or institutional websites dominate the archives that allow users to research diverse themes, from the administration of the Portuguese colonies to the documents produced by truth commissions. Many of them are open access, fostering the democratization of the archives. To assess the most relevant ones, one must consider funds, collections, documents, and their accessibility and usability, as well as the limits for accessing Brazilian historical legal documents on the internet. Researchers of Brazilian legal history must consider the dominance of official narratives that can neglect the interpretations of other actors such as minorities.
The colonial period is covered by digital resources with archives that were produced in Spain or Portugal but also by the Brazilian National Library and National Archives. The Historical Archives of the House of Deputies presents relevant resources for the period of the Brazilian Empire. The First and Second Republics historical periods count on collections of judicial rulings provided with easy and free access. The period of partial democratization between 1946 and 1964, the Brazilian dictatorship of 1964–1985, and the Third Republic that came after the Brazilian 1988 Constitution are part of a significant number of digital resources also easily accessible.
Presupposing the necessity of effectiveness to the right of access to information, the process of digitalization of legal resources was consolidated and became a general practice. It dominated a wide range of institutional archives. Nonetheless, researchers must be aware of governmental limits, revisionist theories, and insufficient funding for Brazilian legal digital resources.
Article
Yanna Yannakakis
“Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century.
“Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney (https://www.powerofattorneynative.com/) website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century.
The multiscalar narrative of the Power of Attorney project speaks to multiple audiences, and the digital multimedia format allows visitors to further tailor their interactions with information. The site operates on many levels. It provides maps and visualizations based on original research, data culled from primary sources that can be used as a research tool, historical and geographical background information, information about how to read letters of attorney, and microhistorical narratives of power of attorney relationships. For undergraduates learning about the relationship between Spanish administration and pueblos de indios, the maps and visualizations provide an at-a-glance overview of the spatial and social connections among Indian towns, ecclesiastical and viceregal courts, and the court of the king in Madrid from the perspective of an indigenous region rather than a top-down perspective. Graduate students and scholars interested in the production of notarial records in native jurisdictions, social history and ethnohistorical methodology and the relationship between local and transatlantic processes can explore the maps, visualizations, and data in greater detail. An educated general audience interested in the history of Oaxaca’s native peoples can find a general introduction to the region, its history and geography, and the long-standing relationship between Mexico’s native people and the law.
Article
J. Humberto Urquiza García
Since gaining independence, Mexico has consistently sought to improve and strengthen its official statistics collection process. This ongoing process of institutional continuity—beginning in the second half of the 19th century and continues into the first decades of the 21st century—can be divided into three discernible stages. The first stage lasted from 1882 to 1917 and was marked by the creation of a specialized government department that failed to provide cohesion to official statistics. During this stage, statistics were gathered only at a state level and through population censuses. The second stage began with the First Post-Revolutionary Statistics Act of 1922 and ended with the Statistics Act of 1983, which created the National Institute of Statistics, Geography, and Informatics (Instituto Nacional de Estadística, Geografía e Informática, or INEGI). This long second stage can be further divided into three sub-stages that directly influenced the development of official statistics: (a) 1917–1950: a time of simultaneous political instability and institutional strengthening; (b) 1950–1970: a period of economic stability known as the “Mexican miracle” that allowed for the fortification of official statistics; and (c) 1983–2008: a period when the official statistics system became integrated, which allowed for decentralization, and subsequently autonomous operation of the INEGI, an opening up of the economy, and a transition to democracy. The third stage is still a work in progress, but it has well-defined features: permanent coordination with regional and international statistics offices, statistical diversification, and the strengthening of the autonomy of the National Statistical and Geographic Information System (Sistema Nacional de Información Estadística y Geográfica, or SNIEG).
Article
The lives of Latin American Japanese were disrupted during World War II, when their civil and human rights were suspended. National security and continental defense were the main reasons given by the American countries consenting to their uprooting. More than 2,000 ethnic Japanese from Peru, Panama, Bolivia, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Mexico, and Nicaragua were transferred as “illegal aliens” to internment camps in the United States. Initially, US and Latin American agencies arrested and deported male ethnic Japanese, regardless of their citizenship status. During the second stage, women and children joined their relatives in the United States. Most forced migration originated in Peru. Brazil and Mexico established similar displacement programs, ordering the population of Japanese descent to leave the coastal zones, and in the case of Mexico the border areas. In both countries, ethnic Japanese were under strict monitoring and lost property, employment, and family and friend relationships, losses that affected their health and the opportunity to support themselves in many cases.
Latin American Japanese in the United States remained in camps operated by the Immigration and Naturalization Service and the army for the duration of the war and were among the last internees leaving the detention facilities, in 1946. At the conclusion of World War II, the Latin American countries that had agreed to the expulsion of ethnic Japanese limited greatly their return. Some 800 internees were deported to Japan from the United States by the closure of the camps. Those who remained in North America were allowed to leave the camps to work in a fresh produce farm in Seabrook, New Jersey, without residency or citizenship rights. In 1952, immigration restrictions for former Latin American internees were lifted. Latin American governments have not apologized for the uprooting of the ethnic Japanese, while the US government has recognized it as a mistake. In 1988, the United States offered a symbolic compensation to all surviving victims of the internment camps in the amount of $20,000. In contrast, in 1991, Latin American Japanese survivors were granted only $5,000.
Article
This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.
Article
Thomas Benjamin
Benito Pablo Juárez Garcia (b. San Pablo Guelatao, Oaxaca, March 21, 1806; d. Mexico City, July 18, 1872) was one of the greatest (and most controversial) statesmen in Mexican history. Born a humble Zapotec Indian, he was orphaned before the age of four, obtained an improbable education, became a lawyer and politician, was a revolutionary reformer, served twice as governor of Oaxaca, and succeeded to the presidency in a time of crisis. His unlikely rise to political prominence in a country with a racial caste system was remarkable. As president he led Liberal Republicans to victory in the War of Reform (1858–1861) as well as in the War of the French Intervention (1862–1867). Juarez and his generals defeated reactionary Conservatives and recalcitrant Catholic bishops in 1858–1861 and defended the republican Constitution of 1857. His defense of the Republic against foreign invasion and the imposition of an Austrian archduke as Emperor of Mexico, from 1862 to 1867, gave Juárez his heroic, even cultic, stature during his lifetime.
Although he faced fierce critics and enemies during his lifetime and after his death, Liberal partisans—politicians, journalists, workers, and Juárez himself—created the hero cult and the myth of Juárez. He was hailed as the incorruptible champion of the law, the constitutional republic, and the Mexican nation against powerful Mexican and foreign enemies in life and, even more, in death. General Porfirio Díaz served the Juárez government in war, opposed it in peace, and in 1876–1877, four years after the death of Juárez, became president by means of rebellion and then election. The new president was also from Oaxaca and embraced the Juárez myth to unite the nation and, in time, to create his own myth as the culminating hero in the making of the modern Mexican nation. The apotheosis of Juárez was consecrated in significant commemorative monuments of marble and bronze during the Porfiriato (the age of Porfirio Díaz, 1876–1911).
By the first decade of the 20th century, the Juárez myth was more divisive than uniting. The scientific liberals (científicos) supporting the Díaz regime presented Juárista politics as the template for the Díaz dictatorship. A new generation of liberals believed Díaz had abandoned the constitutionalism of Juárez. The Mexican Revolution, led by these liberals, overthrew Díaz in 1911. Revolutionary governments continued the cult of Juárez. Public schools were given Juárez busts, and liberal textbooks introduced the Juárez myth to a new generation. Juárez, Mexico’s greatest symbol of the defense of national sovereignty was popularly and officially celebrated when US troops evacuated Veracruz (after several months of intervention) in November 1914. The same took place upon the expropriation of the foreign oil companies by the Mexican government in 1938. During the 20th century, and at the beginning of the 21st century, the cult of Juárez (the devoted attachment to Juarez) has remained steady. Professional historians and the popular cynicism of official history have undermined, to some extent, the official myth of Juárez (the idealization of Juárez by the state).
Article
Paul Vanderwood and Robert Weis
By revealing the weaknesses of its political system and the fragmentation of its social fabric, Mexico’s devastating loss to the United States in 1848 forced a reexamination of the nation’s very foundation. It also emboldened leaders to redouble efforts to either refashion Mexico into a modern, democratic republic or strengthen colonial-era institutions that had ensured unity and stability despite cultural and regional heterogeneity.
Those who hoped to modernize Mexico were the liberals. Their ideas regarding the depth and pace of change varied considerably. But they coalesced around broad principles—democracy, secularism, and capitalism—that, they insisted, would help Mexico overcome the vestiges of colonialism. In pursuit of equality under the law, liberals proposed to dismantle legal privileges for nobles, ecclesiastics, and the military. In order to stimulate the economy, they wanted to force corporate entities, especially the church, to sell their lands to individual owners. Finally, liberals sought to establish the primacy of the state by granting civil leaders authority over the church.
Conservatives countered that the liberal program and its exotic ideas constituted an attack on Mexico’s Hispanic Catholic legacy and would only further weaken the nation. It was a chimera, if not demagoguery, to declare the equality of citizens in a society where the masses were illiterate, isolated hamlets who barely spoke Spanish, and residents in the far-flung regions regarded national rule with deep suspicion. Conservatives feared that the liberal program would foster more of the peasant revolts, threats of regional succession, and racial antagonism that had roiled the nation since independence. They wanted to conserve the pillars of order—the military and the Catholic Church—reinstate monarchism, and curtail political participation. Liberals and conservatives vociferously debated these divergent visions in the public forum. But ultimately their differences plunged the country into civil war.
Article
Despite moral criticism of the institution of slavery from the second half of the 18th century, slavery, racism, and liberalism would be mutually defined throughout the 19th century. The slave economy in the Americas grew in the 19th century as a result of the expansion of the world market, sustained by constitutional states, including two national ones: the Brazilian Empire, a constitutional monarchy, and the United States, a republic. In these national states, representative systems would shape the legitimacy of the institution of slavery, relating the adoption of citizenship rights to processes of racialization.
In Brazil’s late colonial period, more than one-half of the free population was defined as “black” or “brown,” and manumission rates were as high as 1 percent per year. Under Portuguese colonial rule, this population of color was denied access to public offices and ecclesiastical positions, but allowed to own slaves. The rallying cry of “equality for people of all colors” served as a cornerstone of popular nationalism in the liberal uprisings of the late Brazilian colonial period. Popular liberalism also called for the passage of laws that would recognize the Brazilian-born sons and daughters of enslaved people as free persons.
After independence, the Brazilian Empire experienced more than twenty years of political struggles and localized civil wars around the construction of representative political institutions. The Brazilian coffee production boom inaugurated in 1830, allowed the consolidation of the monarchical order in Brazil with the rise to power of a conservative party, the Party of Order, in 1837. From 1837 to 1853, this conservative party consolidated a slave-based national identity. During these years of conservative pro-slavery leadership, political strategies to legitimate the continuation of the Atlantic slave trade were developed and illegal enslavement was tolerated and even encouraged.
Liberalism, race, and slavery shaped the history of the Atlantic world in a very interconnected way. Despite the non-race-based legitimation of slavery in a Catholic and constitutional monarchy, race was a central issue in 19th-century monarchical Brazil. Slavery was legitimated as a historical institution in the Brazilian Constitution of 1824 in the right to own property. The same constitution guaranteed civil rights to the freedmen born in the country and their descendants, denying, however, Brazilian citizenship for free Africans and political citizenship to former slaves born in Brazil. Eventually, after the end of the transatlantic slave trade in 1850, the state bureaucracy adopted a norm of racial silence for the free population, racializing slave experience and reinforcing the precariousness of freedom of the Brazilian citizens of African descent. These practices shaped crucial aspects of structural racism still present in 21st-century Brazilian society.
Article
Nicole von Germeten
Female occupational and economic choices help clarify understandings of colonial historic agency, especially in the lives of Mexican women who made their income as alcahuetas or “bawds.” These women hosted and managed other women in the marketing and selling of sex acts in the Viceroyalty of New Spain. Viceregal bawds manipulated both the sex lives of their clients and the paternalism of crown justice in hopes of exoneration in court. They walked a precarious legal tightrope, negotiating the fluctuating margins of legal procuring and the transition to more stringent laws against sex for sale. The examples presented here, drawn from contemporary archival documents, show that these women’s lives span most of New Spain’s history, ranging from 1570 to the independence era in the early 19th century. In the 16th century, bawdry resembled the clandestine personal mediation that was common and familiar in medieval and early modern Spain. Bawds working in the 1st century of Spanish rule in Mexico carefully defended their social respectability to contradict evidence that they solicited for clients in the street. Reputable hospitality featured prominently in the early 17th-century procuring, while indigenous-influenced sorcery and love magic dominated the understanding of 17th- and early 18th-century alcahuetas. Lastly, in the 19th century, profitable market exchange characterized professional brothel operations, granting bawds honorable status within their economic and occupational community. Bawds recorded in the archives demonstrate communication skills, entrepreneurialism, and a concern for reputation through all of these eras. These intelligent female survivors offer compelling representations of viceregal women who exercised their personal agency to forge their own economic prosperity.
