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.
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.
Digital Resources: Power of Attorney, A Digital Spatial History of Indigenous Legal Culture in Colonial Oaxaca, Mexico
“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
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.
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.
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.
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.