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Spanish vs. English Colonization

12.4.1 The “Centralized” Model of Spanish Colonization

In 1600, there were no permanent settlements of English colonists in America, while the Spanish had been present in the New World for more than a century, having established a solid foothold in the Americas by the early sixteenth century (Lockhart and Schwartz 1999, 61-85) in large part because the Spanish Crown had followed from the beginning a centralized and interventionist model of coloniza­tion.[581] Each expedition was organized by the crown and each territory discovered was owned by the king and governed and administrated by his officers (McAlister 1989, 96-99).

The economic exploitation of Las Indias was also monopolized by the state through a public institution: the Casa de Contratacion (House of Trade) established in Seville, the point of departure and arrival for all the expeditions to the American colonies (Elliott 1987, 61-62).[582]

By virtue of this centralized model of colonization, the Spanish managed to tightly control their American dominions for more than three centuries (Mahoney 2010, 36-43). The strict monopoly exercised by the monarchy over the American colonies was apparent in their territorial organization, perfectly structured into viceroyalties, which were divided into audiencias (Dougnac Rodriguez 2004, 539-586), each made up, in turn, of various “provinces” or “governments”. The highest authorities were representatives of the king. At the top were the viceroys, followed in rank by the captains general and governors. These one-person offices were often controlled by a collegial body: the audiencias, to which only Castilian Spaniards were admitted and originally functioned as courts of justice. In the Americas, they often exercised governmental and oversight functions over the individual bodies (Garriga 1994, 418-428).[583] In addition, the viceroys and gover­nors were supervised by “visitors” or even “special envoys”, as was the case with Pedro de Lagasca, who was sent to Peru in 1546, to subdue the rebellion led by Gonzalo Pizarro.

The monarchy also controlled its colonial officials and authorities in the Americas, a posteriori through juicios de residencia, judicial procedures to which they were subject upon their return to Spain at which their service was

assessed and, at times, severely punished, as occurred in the cases of Columbus, Cortes and Pedro de Alvarado (Vallejo Garcia-Hevia 2008, 72).

Spanish colonists were able to participate, to some extent, in government through their cabildos—the name given in the Indies to the traditional Castilian town governments (Tapia 1966). However, as happened in the city, the cabildos eventually fell into the hands of local oligarchies. In some cases, though relatively rare, Spanish colonials gathered in assemblies or congresses (Sanz Camafies 2004, 131). Sometimes government was entrusted to a commercial company, as occurred in Venezuela.[584] Also worthy of note was the peculiarity of mission territories (e.g. Paraguay) for which a special administrative arrangement was created, the reduccion, administrated by religious orders (essentially Jesuits), under which the Indians enjoyed a certain degree of autonomy (Ganson 2003, 87-136). This system began to fade in the eighteenth century as a result of the greater centralization imposed by the Bourbons and their suppression of the Society of Jesus (Jaenike 2008).[585]

In general, we can say that the colonization of Spanish America was strictly subject to the king’s absolute authority, with the Indies, in fact, legally forming part of the Crown of Castile (Brading 1998, 213-227). This centralism would be reinforced during the Bourbon era of enlightened despotism as a result of the reform of the audiencias and the introduction of “intendants”—officials who embodied all the executive and interventionists ambitions of the Bourbon state (Brading 1987, 127-128).

12.4.2 The English Model: “Decentralized” Colonization

Despite having defeated Philip II’s Armada in 1588, England, in 1600, was a relatively small state compared to the vast Spanish Empire, which from 1580 to 1640, also boasted the Kingdom of Portugal and colonies in the Americas, Africa and Asia.

The English and Dutch warships were able to attack isolated Spanish vessels—which is why they sought safety in the Indies by sailing in fleets—and could strike isolated locations along the coast, but they were no match for Spanish power in a full-blown conflict in the region. It was mainly for this reason that British and Dutch colonial expansion was approached in a way different from that of the Spanish crown,[586] with small expeditions organized which sought to settle locations far from places occupied by the Spanish. Hence, the English expeditions tended to target North America.

Another element affecting England’s Atlantic expansion was the fact that, as we already have seen, during the era of the Tudors—essentially the sixteenth century— a prosperous and powerful bourgeoisie arose which altered England’s social and economic structure, transforming the country from a land of farmers and herders into a powerful industrial and mercantile force. Thus, from the start, English colonization was conceived of more as a commercial undertaking than as a colo­nization of a public nature, intended to provide new land and resources for the crown. It was, therefore, private initiative (albeit duly approved by the Crown) which spearheaded English settlement in America. This would have important consequences from a political standpoint, as from the outset the English colonies enjoyed high degrees of self-government. In fact, when in the last third of the eighteenth century, the British Crown sought to exert greater control over its colonists, they were so accustomed to their prerogatives and freedoms that they responded by rebelling against his Gracious Majesty.

When James I (1603-1625), inherited the British throne his country had been at war with the Spanish monarchy for 50 years. The beginnings of the first Stuart’s reign coincided, in Spain, with the period of government under the Duke of Lerma, Philip III’s (1598-1621) chief advisor, who endorsed a policy of peace with Holland and England. However, it was the new English king who in June of 1603, began to call for peace negotiations. On August 28, 1604, talks began, and diplomatic relations were restored between the two kingdoms in 1606 (Feros 2006, 197). After signing the peace with Spain, the English monarchy could for the first time turn to pondering a long-term settlement policy in North America.

12.5

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Source: Aguilera-Barchet Bruno. A History of Western Public Law. Between Nation and State. Springer,2015. — 788 p.. 2015

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