Right Indiana: A Comprehensive Guide to Laws and Expeditions in the West Indies

Posted on Nov 8, 2024 in Law & Jurisprudence

Right Indiana: Legal Framework of the West Indies

Right Indiana refers to the set of legal rules applicable to the territory of the West Indies during the Spanish colonization. It comprised three main elements:

  1. Castilian Law: Served as a supplementary legal framework.
  2. Indian Law: Specifically created to govern the West Indies and had primary application.
  3. Indigenous Rights: Applied to the indigenous population and consisted of their customs.

Characteristics of Right Indiana

  1. Eminently Evangelical: Driven by the religious zeal of the Spanish conquest, aiming to convert indigenous populations to Christianity.
  2. Protectionist: The Spanish Crown aimed to ensure the welfare of the indigenous people, both physically and spiritually.
  3. Public and Private Law: Indian Law regulated the powers of Indian authorities (public law), while Castilian Law governed private matters.
  4. Casuistry: Focused on specific cases and situations rather than broad principles.
  5. Unsystematic: Drew from various sources like laws, customs, doctrines, and jurisprudence, lacking a unified structure.
  6. Predominance of Christian Morals: Influenced by the Spanish School of Natural Law, advocating for ethical treatment of indigenous people.

The Host Indiana: Expeditions and Legal Framework

The Host Indiana refers to the expeditions of discovery, conquest, colonization, and settlement in the West Indies. Leaders of these expeditions sought wealth and rewards from the Crown in exchange for their services.

Establishing the Host

Expeditions were announced publicly, and volunteers joined under strict military regulations. The Crown typically financed the expeditions.

Legal Framework of the Host Indiana

  1. Capitulations: Contracts between individuals and the Crown outlining the terms of expeditions and rewards.
    • Features: Bilateral, conditional, and sui generis (unique).
    • Elements: License (authorization), military powers, jurisdictional powers, and economic powers granted to the expedition leader.
  2. Instructions: Guidelines for the conduct of expeditions, not legally binding like Capitulations.
    • Elements: Prohibitions (e.g., alcohol, gambling), military organization, geographical exploration, and city founding guidelines.
  3. General Regulations:
    • Real Provisión of 1526: Focused on the good treatment of indigenous people, regulating labor and requiring consultation with priests.
    • New Laws of 1542: Prohibited indigenous slavery, regulated licenses for travel to the Indies, and forbade the seizure of indigenous goods.
    • Ordinances of New Discoveries and Populations (Philip II): Promoted the humane treatment of indigenous people, improved the Crown’s image, and regulated city locations.
    • Indian Laws of 1680 (Charles II): Compiled and codified previous laws related to the Indies.