Law and Slavery in Puerto Rico of the XIX century

Among the many judicial matters that are prevalent during the nineteenth century puertorrican period, one finds a great number of legal controversies between slaves, owners and third parties. The transition from slave labor to a free labor system that takes place within this period of time does not happen automatically at the time that the general abolition is granted, instead it arises gradually and due in great extent to the laboriosity, initiative and rebellion (passive and active) of the Africans; be them slaves, liberated, emancipated or in any stage of contractual restriction (coartacion). The afropuertorricans did not remain totally passive before the status of indefinition and juridico-social incapacity that slavery imposed, rather they found effective legal methods to adapt, defend themselves and at times to purchase their liberty over time, utilizing the various legal remedies available. The initiatives and great productivity demonstrated by the African immigrants was instrumental in obtaining the legal changes that finally resulted in the general abolition laws. The legal system of law in place allowed for a certain degree of social and labor flexibility which resulted in opportunities for the serfs to obtain self-liberation, which had effect many years prior to the final abolition that was granted to them by the peninsular authorities in 1873. However, it should not be understood that the colonial judicial and legal system was implemented with the purpose of promoting the welfare of the slaves; nor can one conclude that the opportunities offered to the Africans under the laws and regulations then in effect can be used in any way to justify the terrible exploitation and cruelty that the slave system imposed on this group, or even to stimulate the eventual emancipation laws. Although paradoxically, such leve slave controversies in the 19th century Puerto Rico, and united with the prevailing labor flexibility, constituted one of the few tools available to Afro-Americans for adaptation, defense and liberation from their abusive situation of legal and socio economic indifference that slavery represented. Our investigation measures the effect of these elements of slave judicial activity, over the gradual emancipation and final liberation laws that occurred during the nineteenth century in Puerto Rico.