Redefining New World Slavery, 1500s

From The Other Slavery: The Uncovered Story of Indian Enslavement in America, by Andrés Reséndez (HarperCollins, 2016), Kindle pp. 74-75:

In spite of the crown’s insistence, New World liberations were few and extremely difficult to accomplish. The specific application of the New Laws in the various colonies differed, but the results were much the same. In Venezuela, for example, the laws, and specifically the prohibition against Indian slavery, were made public but not enforced. Slave raids continued in Cubagua and Margarita even though royal officials were well aware that such activities were strictly forbidden. Colonists in Venezuela generally refused to give up their Indian slaves and insisted that the brand on a slave’s face was sufficient title and reason to keep him or her in bondage. They also retained the service of a class of Indians known as naborías, who were indigenous servants attached to them for life. The only difference between naborías and outright slaves was that naborías could not be legally bought and sold.

In contrast, in Central America an uncompromising and vigorous royal official named Alonso López de Cerrato embarked on blanket liberations of Indian slaves. Next to Bartolomé de Las Casas, Cerrato ranks as the most ardent champion of Indian liberty of the sixteenth century. As president of the Audiencia of Central America, Judge Cerrato prosecuted slave takers, criticized officials who “preferred to make friends with the colonists rather than applying the New Laws,” and refused to make invidious distinctions among Indians to justify the enslavement of some of them, as happened in Mexico. Cerrato’s vigorous reforms ended formal Indian slavery in Central America, restricted the use of naborías, and regulated the use of Indians as tamemes, or load bearers. But even these victories proved temporary. Cerrato acquired a reputation of being an overzealous crown official and died in 1555 largely repudiated by his fellow colonists. After his passing, subsequent officials reversed some of his policies. The naborías returned, Indian load bearers proliferated, and many Indians, though technically free, were compelled to render “personal services” to the Spanish colonists under various guises.

All over Spanish America, Indian slave owners and colonial authorities devised subtle changes in terminology and newfangled labor institutions to comply with the law in form but not in substance. Frontier captains no longer took “Indian slaves,” but only “rebels” or “criminals” who were formally tried and convicted; forced to serve out sentences of five, ten, or twenty years; and sold to the highest bidder. Colonists in Venezuela and the Caribbean resorted to naborías, while those in Central America continued to receive “personal services” throughout the sixteenth century. Ranchers in northern Mexico relied on encomiendas that, unlike those of central Mexico, often amounted to cyclical enslavement as they gathered their “entrusted” Indians at gunpoint and forced them to work during planting and harvesting time. Miners in many parts of the New World relied on the repartimiento system, in which Indians received token salaries but were otherwise compelled to work. In short, Spaniards adapted Indian slavery to fit the new legal environment, and thus it became the other slavery.