Doing a lesson for my class tomorrow that touches on Maroon communities in Spanish Florida in the 1700s. The Wiki article on the topic states the following:
Under Spanish, colonial rule the enslaved in Florida had rights. They could marry, own property, and purchase their own freedom. Free blacks, as long as they were Catholic, were not subject to legal discrimination. No one was born into slavery. Mixed "race" marriages were not illegal, and mixed "race" children could inherit property. This was "unthinkable" in the United States.
Beyond the generous use of "quotations marks," this statement is cited with Matthew Calvin's Battle of Negro Fort and a WaPo Article that simply discusses how slavery existed in what is now the US prior to 1619.
The "no one was born into slavery" remark is especially hanging me up. How much validity is there to that statement?
For fear of misinterpreting the situation, what legal protections or discrimination did people of African descent - free and enslaved - face in Spanish colonies at large? And in Florida? I know that the Spanish crown under King Charles II offered asylum for fugitive slaves escaping from French and British colonies, but the details surrounding that are still murky to me. Did colonial Spain really grant that much more equality to African descendents as early as the 1600s?
This article is for the most part true,
The institution of slavery in Spain was bit different at least early on. Spanish slave laws, granting enslaved people some rights and protections, were derived from Roman traditions and had been incorporated into the Siete Partidas in the thirteenth century. The Siete Partidas held that slavery was an unnatural condition, for God had created man free, and it established ways in which enslaved people could become free.
Early in the 1600s, The small English and Dutch colonies used indentured people who signed contracts and had rights but the Spanish and Portuguese colonizers had over a century head start with them enslaving first Natives then Africans infidels, believing that Africans were stronger and less susceptible to diseases. In the beginning they relied on the idea that they were Infidels or persons captured in war. The problem is this idea if an enslaved person converted to Christianity they should receive their freedom. realizing their error, planters afraid that their enslaved cheap labor would be taken away from them, changed the reasoning behind their exploitation of enslaved people.
This is when they stated to pivot to race based slavery, Even someone who could prove that they were not captured in war and converted Christianity still couldn't change their appearance. So by making color the key factor behind enslavement, dark-skinned people brought from Africa could be exploited for life and their children would automatically
inherited the same enslaved status.
This move towards race based slavery would start around 1650 and varied from colony to colony and this is where Florida was different. Africans in Florida date back to Ponce de León in 1513 and both free and enslaved Africans help with the founding St. Augustine’s founding in early September 1565. Spanish practices in Florida allowed enslaved people to exercise more freedom and autonomy than in the South. This is not to say that the Spanish were any more humane than other slave-holding nations. Florida was huge and Spanish planters just didn't have the overseers to drive slaves from sunup to sundown like other plantations. Rather, Spanish slaveholders utilized a task system. Enslaved peoples were given a certain number of tasks they had to accomplish each day. Once those were completed the remaining time was the slave’s own. It afforded them the ability to engage in such activities as hunting and fishing, tending to small gardens, taking on side jobs and spending time with family.
Also the practice in miscegenation was common in Spanish Florida. normally with a Black woman intermarrying with a Spanish man and raising their family with his Spanish wife and children and the black members were afforded even more freedoms under Spanish law and a higher degree of social status. Spain’s lenient attitude toward slaves and black freedmen encouraged slaves to escape into Florida. In 1693, King Charles II of Spain ordered his Florida colonists to give runaway slaves from British colonies freedom and protection if they converted to Catholicism and agreed to serve Spain, this policy wasnt done out of kindness, it gave the Spanish a useful weapon against the British.
TLDR: "no one was born into slavery" was true and enslaved people in Florida did have more freedoms than the British colonies or even other Spanish colonies in the Caribbean or Latin America, So much so that slaves would flee in to Spanish Florida
Additional Reading: To Make Our World Anew by Robin Kelley, Earl Lewis