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
“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 (
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.
On August 13, 1521, the Spanish conquistadors and their native allies seized Tenochtitlan, the capital of the Aztec empire. The Spaniards succeeded because they had forged alliances with the Tlaxcalans and other indigenous self-governing communities (altepetl) to fight the Aztecs. After the conquest these communities continued their traditions, and the Spaniards largely replaced Aztec leadership with their own. In addition, the friars and the secular church converted the natives to an extent, and together with the crown they foiled the conquistadors’ attempts to become liege lords with jurisdiction. The process culminated in the New Laws of 1542, which curbed the encomienda, a grant to Spaniards that comprised several Indian towns paying tribute. A society of social bodies evolved, composed of municipal councils, lay brotherhoods of churches, and others, complete with their own laws and jurisdictions. Then a series of silver strikes beginning at Zacatecas in 1546 drew settlers into the Bajío north of the former Aztec and Tarascan empires. The local natives resisted initially, and when peace came, they and the settlers created a dynamic early capitalist economy that invigorated other regions. The frontier expanded when animal herds moved further north beyond the mines, and the zone of Spanish influence grew to the south as well.
In 1540 Spanish conquistadors and their indigenous allies began occupying the northwestern Yucatan Peninsula, and they took Tiho/Mérida in 1542. The Yucatan, the Bajío, and the other regions that composed colonial Mexico successively integrated into a global commercial network spanning Europe, Africa, and Asia. The crown and the merchant guild (consulado) in Seville sought to capture the burgeoning Atlantic commerce within the fleet shuttling between Seville/Cadiz and Veracruz and restrict the silver flowing from Acapulco to Asia via the Philippines. Yet market forces defied most of the rules they put in place. Merchants from Asia settled in Manila; Peruvians docked in Acapulco; and the Dutch, French, and English competed with fleet merchants or operated contraband trade from the Caribbean islands to New Spain. In the 18th century, the crown loosened trade regulations within the empire and continue curbing the autonomies of social bodies. A series of investigations (visitas) shook New Spain, and more compliant viceroys and officials appeared, while the friars lost over one hundred parishes (doctrinas) during the mid-century. The king expelled the Jesuits in 1767; registered ships sailing individually replaced the fleet in 1778; and in 1786 José de Gálvez introduced the intendants in New Spain. As the empire transitioned toward a territorial state, Napoleon imprisoned the Spanish king (1808). In 1810 Miguel Hidalgo and a popular following unleashed the War of Independence. As the conflict unfolded, the legitimacy of the old order crumbled, and the empire dissolved in 1821.
Mexico had an exceptionally diverse population during the 16th and 17th centuries, including Indigenous peoples of different ethnicities (in the majority), Iberians, and forced migrants from Africa and Asia, who related to one another in complex ways. Society—a group of people living in a community—was configured differently in each place, based on geographical location, local customs, property distribution, and a myriad of other factors. Faced with such different contexts, historians have tended to generalize about social organization (the way people interacted) from the perspective of the men who produced the most sources. Colonial statutes and official correspondence convey the attempts of Hapsburg officials to maintain a hierarchical social order, but property records reveal a more fluid reality. The acquisition of wealth and achievement of social status by non-Spaniards frustrated colonial ideals for a stratified society that correlated to ethnicity. The success of imperial governance, to the degree it was achieved, depended on its flexibility and how it allowed people to benefit from the colonial economy and to achieve social mobility.