“Entre acuerdos y discordias. La Pragmática Sanción para evitar el abuso de contraer matrimonios desiguales en la provincia de Buenos Aires”.*

 

Antonio Fuentes-Barragán[1]

Departamento de Historia de América

Universidad de Sevilla

 

Reception: 24/05/2015

Evaluation: 16/06/2015

Approval: 27/10/2015

Research and Innovation Article.

 

 

Resumen

        

Este artículo aborda las repercusiones producidas por la aplicación de las sucesivas versiones de la Real Pragmática de Matrimonios en el Virreinato del Río de la Plata y, más concretamente, en la provincia de Buenos Aires, desde su primera proclamación americana en 1778 hasta los albores de la emancipación. Se va a analizar tanto la actuación de los padres, apoyados por la Corona para decidir sobre el devenir matrimonial de sus hijos, como la reacción de éstos, quienes vieron limitadas sus libertades y tuvieron que contravenir a sus progenitores para poder ser responsables de sus propias vidas. Tras el análisis de documentación procedente de diversos archivos históricos argentinos se obtienen relevantes variables historiográficas para conocer mejor una realidad apasionante de prejuicios, intereses familiares y sentimientos individuales que transcurrió en el período tardocolonial.

 

Palabras clave: matrimonio, patria potestad, desigualdad, mestizaje, juicios de disenso.

 

“Between agreements and disagreements. Use of the Pragmatic Sanction to avoid the indecency of forming unequal marriages in the province of Buenos Aires”

 

Abstract

 

This article deals with the repercussions produced by the implementation of the consecutive versions of the “Real Pragmática de Matrimonios” [Royal Pragmatic on Marriages] in the Vice-royalty of Río de la Plata and, more specifically, in the Province of Buenos Aires, since its first American proclamation in 1778 until the beginnings of emancipation. We will analyze both the role of parents, supported by the Crown, in deciding the matrimonial fate of their children; as well as the reaction of the latter, who saw their rights as limited and had to disobey their parents in order to become responsible for their own lives. After analyzing documents from various kinds of Argentinian historical archives, relevant historiographical variables are obtained. These sources are relevant because they help us to explore a fascinating reality of prejudices, family interests and individual feelings in the late colonial period. 

 

Key words: Marriage, parental authority, inequality, racial mixing, juicios de disenso (lawsuits by guardians contesting the right of children to marry)

“Entre accords et dissensions. La Pragmatique pour éviter des mariages inégaux dans la province de Buenos-Aires”

 

Résumé

 

Cet article porte sur les conséquences de l’application des versions successives de la Pragmatique Royale de Mariages dans le Vice-royauté du Río de la Plata et, notamment, dans la province de Buenos-Aires, depuis sa première proclamation en 1778 et jusqu’au début de l’indépendance. Nous analyserons les agissements des pères de famille, soutenus par la Couronne pour décider le destin conjugal de leurs fils, ainsi que la réaction de ceux-ci, qui ont vu restreintes leurs libertés et qui ont dû s’opposer à leurs parents pour assumer pleinement leurs propres vies. L’examen de documents provenant de différentes archives historiques argentines, nous autorise à nous servir des variables historiographiques significatives permettant de mieux connaître une réalité passionnante constituée de préjugés, intérêts familiaux et sentiments individuels vécus dans la période coloniale tardive.

 

Mots clés: Mariage, puissance paternelle, inégalité, métissage, procès de désistement.

 

1. Introduction

 

The proclamation by the King Carlos III of the Pragmatic Sanction to avoid the indecency of forming unequal marriages[2] in 1776 had a clear intention, to end the social disorders in the private lives of his vassals.

 

Granting parents the right to decide on the matrimonial choice of their offspring until they reached an excessive age, meant giving them a powerful weapon to exercise, with more force than before, control over their home. This reinforcement of parental authority was aimed at approaching the model that the Holy Family offered to a society that, despite the Enlightenment, would remain Catholic, traditional and of the Old Regime.

 

 

            The marriage contracted with the candidate approved by the parents of both young people was the only alternative, and to make it so he caused an arduous struggle in Spain. But in America it was different and even more complex, not only was it necessary to demonstrate equality between the contracting parties, as far as socioeconomic conditions were concerned, but there was also added the ethnic element of the future spouses. Possibly the intention of the monarch was to end the practice of racial mixing. Nevertheless, in the Indies and, more specifically, in the Río de la Plata, the area covered by this study, interethnic unions - even sacramentalized ones- continued to be carried out. Parents fiercely opposed the unequal marriage of their children. These, in turn, had in the Pragmatic Sanction a barrier to cross but also an element to resort to in order to defend themselves against unfair decisions.

 

            In the case of the Viceroyalty of the Rio de la Plata, some historians have studied the Pragmatic Sanction and, especially, the lawsuits that arose from it. Among the most outstanding, we can mention Nelly R. Porro, who at the end of the 70s published several works on the subject, addressing the entire vice regal area. Although today these could be framed in a positivist context because of the need to collect innumerable data, it is certain that in this historiographical conjuncture of a traditional nature, to dedicate oneself to this subject was per se to take a very brave and innovative step. Also, a vice regal analysis was realized years later by Carlos A. Mayo, but with a more modern vision. So much so that he devoted much of his research to the feelings of the protagonists who suffered such arduous trials, through their personal letters.

 

 

            Noemí del Carmen Bistué and Cecilia Marigliano, on the other hand, made interesting contributions for the examination of these legal figures from a specific area, Mendoza, both in the colonial as well as the national periods. It is necessary to emphasize this last aspect, as the authors helped to explain the many similarities and few differences that, at least as far as marriage policy, the different governments applied. Meanwhile, Ana Teresa Fanchín did the same with San Juan de la Frontera and Monica Ghirardi with Cordoba, both showing great mastery in the analysis, not only of each lawsuit brought before the authorities, but of their significance in the home and on the integrity of so many family sagas.

 

 

            Some of the files that alluded to Buenos Aires and its province were approached by authors like Ricardo Cicerchia, Susan Socolow and Guillermo O. Quinteros, who also have been able to contextualize the disagreements from a social perspective, emphasizing the interaction of the individuals with the community and the impact of the Pragmatic Sanction. Lastly, Viviana Kluger's contributions should be mentioned, since they help to understand, from a historical-legal perspective, the paternal-filial conflicts arising in this context.

 

 

            It may seem, therefore, that these are sources revisited by the authors on numerous occasions, but their wealth is so great that a new look at them, more than thirty years after the first observations, contributes an endless number of worthwhile nuances to be shown. Applying methodologies from Social History, Philosophy and Microhistory to the matrimonial lawsuits, and through the constant interchange of qualitative and quantitative sources, an innovative vision of these legal figures is obtained that allows us to put them in relation with historiographic elements, such as that of longue durée or life trajectories and with complex long-range phenomena such as social-racial mixing or population whitening strategies.

 

 

Carrying out an exhaustive follow-up on the bibliography that addresses the limits of love in the area of Rio de la Plata, and after interpreting practically all the lawsuits of this type that refer to Buenos Aires and its province during the vice regal period, it is legitimate to ask about the usefulness of these sources, that is, to what extent they allow the historian to approach the historical reality of the period in which they were issued.

 

            Nelly R. Porro understood the study of these marital lawsuits as “[…] a way of accessing the moral guidelines and social prejudices in the Viceroyalty of the Rio de la Plata"[3], that is to say, the perfect door to access the content of the rumors that were aired in the Buenos Aires gossip-shops as well as the intimate and silent sensibilities of those affected by them. This statement could be supplemented by the opinion of Verena Stolcke, who points out that they serve to construct a model of the relationship between social inequality and sexual values, because they reveal the classification criteria in force[4], those applied by the community in the consideration of their neighbors, or which is the same, how much was an Old Regime society willing to compromise before excluding or pointing to individuals who tried to transgress the static rules imposed. Ricardo Cicerchia opens a greater focus of attention on the same documentation, so that for him,

 

The lawsuits show an accepted margin of dispute over patriarchal power, the recognition of female voices as subjects of law, and a certain social heterogeneity in the occupation of institutional spaces, in this case that of the judicial sphere. A theatre capable of triggering devices of confrontation and negotiation of an important territory of social conflict[5].

 

            Disobedient life, which runs outside the normal channels, continues to attract more interest than everyday life. However, sometimes, as in the case of some lawsuits, fortunately, both realities complement each other. In the words of Guillermo O. Quinteros, through the interpretation of this resource, "a segment of the history of people's lives before the suit can be rebuilt, although not always, and in many cases this continues while the file is substantiated, especially when the resolution of the same is prolonged over time[6]." The historian depends, based on the specific objective of his research, to expand or not the personal and family universe of the protagonists of each lawsuit, going to complementary documentation such as population registers, parish registers or notarial protocols, to mention a few.

 

            From this qualitative immersion in the application of the Pragmatic on Marriages in the province of Buenos Aires through the lawsuits, we try to obtain a clearer profile of the paternal figure - which oscillated between the model admired in the home, worthy of being followed, and who imposed order -of the children-with their doubts and certainties, going both from fear to defiance as well as from disobedience to repentance-and, finally, of the society that surrounded and enveloped them, integrated or excluded, depending on their actions.

 

2. The Pragamtic Sanction: reaches and repercussions

 

            To contextualize the promulgation of the Pragmatic, it is necessary to understand that "in Hispano-American colonial society, the family would be considered the backbone of the whole social framework, and a vital element in the dynamics of the hegemonic social networks[7]." The marital union of individuals constituted, in turn, the obligatory requirement to form good families and give them meaning. It is necessary to clarify that in order to marry the presence of the love was not required, because the marriage did not even suppose "a private contract between individuals but rather an alliance of groups, above all in those social sectors where such events implied a transference of patrimony[8]."

 

            This reality, which had been so since the beginning of the conquest of the New World and which, in the opinion of the king and his ministers, was to remain unchanged, was continually challenged by the inadequate customs of many subjects of the Crown, who jeopardized the honor of the best lineages, the moral integrity of the humblest, and even the salvation of the whole community. It is understood, therefore, that the interest of the metropolitan authorities to impose the marriage sacrament and the steel bridle of family hierarchy to be managed only by the almighty pater familias.

 

            The hectic development of the private life of these American neighbors makes it necessary to delve into the nature of their sexual encounters as well as their institutionalization, since they constituted the element that generated the greatest violations of the norm. The drafting of the Pragmatic was therefore fully justified and contextualized, among other reasons, because when the time came to choose a spouse, the paternal voice was disregarded, which "caused serious offenses against God, our Lord, discord in families, scandals and other grave moral and political problems[9]." This was detrimental to the good order of the state and to the wellbeing of the Church and, of course, ended up undermining the authority of the head of the family, since these marriages were "opposed to the honor, respect and obedience that children should give to their parents in matters of so much gravity and importance[10]."

 

            With the Pragmatic, therefore, a further step was taken to resolve such deviations, since, as the parents disagreed with the carrying out of said marriages before God and with canonical sanction, they were vested with the necessary power to redirect de jure the filial will in relation to the choice of the future consort, thus provoking that

 

 

 […] for some young people from Rio de la Plata of the late eighteenth and early nineteenth century, to decide for themselves, while still being the good children their parents would have wanted them to be, seems to have been an arduous task, that would begin within the four walls of the home and that would end, if things did not turn out as planned, in the courts[11].

 

 

            The intention of the legislators was to raise so much age limit of the future contracting parties, at which they would have been able to choose for themselves with whom to share the rest of their existence, that they had to get married before reaching it. It would have been too late - mainly for women - to take part in the reproductive cycle. The freedom of decision of the male children could be reached at the age of twenty-five and, in the case of females, at twenty-three. However, even though it was not mandatory to follow the paternal opinion as from these ages, it was essential to accept the advice of the elders and to thank them for their advice.

 

            In the vast transoceanic domains, the importance of choosing the right spouse was habitually emphasized, not treating their institutions as something fortuitous but rather meditated. In the words of the French Americanist Frédérique Langue,

 

 

The social control promoted by the Bourbon reforms in the political and the social (...) has the value of response (...) to an urban growth that runs along with an increasingly sensitive presence to the promiscuous crowd of browns, mestizos, commoners, poor, beggars and other rebels who nourish the social imaginary of the time and the fear of disorder […][12].

 

            In this reality lay the fear of the authorities of inequality, alluded to on countless occasions in the documentation of the time. The late Hispano-American colonial period witnessed a latent tension between the different social groups, in which the rungs were shortened and could be ascended with relative ease, with the consequent discomfort of the most privileged, wishing to continue to maintain socio-economic supremacy and, without room for doubt, a marked ethnic differentiation.

 

        

            The institutions could not understand at what point, or why, the imaginary lines which had so vehemently marked the clear division of society into republics, so that the new legislation sought to remedy such a stupendous failure. At this juncture came the promulgation of the Royal Writ of Gracias al Sacar (a means by which subjects could buy ‘whiteness’ from their king) and of the Pragmatic Sanction of Marriage itself, with the lawsuits as an integral part of it, "to avoid the confusion of castas (a term for people of mixed race) to the detriment of the white elites (…), but whose users were, in a paradoxical way and in practice, those accomplished mestizos, concerned about their lineage, whiteness and honor[13].

 

 

            The continual attempts of a part of the population to ascend the social ladder and achieve ‘whiteness’ had taken place from the beginning of the American enterprise, but it was in the eighteenth century-precisely the time when it was most combatted against - when powerful legal elements were granted to some individuals who were waiting anxiously to solve their irregular or simply unwanted situation[14]. But it was not only these legal provisions that were responsible for improving the ethnic considerations of some members of the community, but also

 

 

 […] racial mixing, which has a recurring place within marriage and much more often outside it, is the best caste dissolving agent, the most effective means of allowing ones’ descendants to carry out the ambition of crossing the colored barrier and being incorporated into a higher social stratum[15].

 

 

In the face of the obstinate attempts of social control that had been tried to be applied for centuries in order to preserve the ethnic separation between the Spaniards and the rest, the citizen response had been the absolute opposite. As a general rule, and perhaps depending on the degrees of social pressure and mobility, although white and native women used to practice more inbreeding, those who belonged to the casta population - individuals of mixed ancestry and, above all, black people – opted for begetting their offspring outside the lines of their own birth, most likely with the desire to achieve a little prosperity, within the sacrificed existence they would have to endure for the sole reason of proceeding from a "delinquent beginning[16]."

 

            Regarding a population in permanent contact, it is surprising that the Pragmatic Sanction was not concerned with all its members, the white elite being the main and almost single objective, since it was mainly its members who were subject to the decision of their direct superiors or, on the contrary, they were to be held accountable to the civil authority, while the natives were only advised to comply with the law and, finally, to the castas, who were exempt from it. Considering previous legislation concerned with the matter, such as the Laws of the Indies, the question had varied a great deal, for in that legal corpus the marriage bonds of natives and Negroes had been alluded to disparately, and while " for the former provided a controlled freedom in nuptial matters, it was recommended for the population of color to maintain ethnic inbreeding[17].

 

 

            It is legitimate to consider if the purpose of the Crown had not been similar in both codes, simply modifying to the receiver of the same. In the first corpus, almost blindly legislating in the face of new situations, it was attempted to control those less known, the native population - neophytes who resembled the Spaniards although they did not enjoy their privileges - and, on the other hand, the black population – mere inanimate objects, which did not even enjoy the status of human beings. However, experience taught the Bourbons that the main discordant role of the American adventure was being played by the Spaniards and their descendants, the creoles, who both inside and outside marriage, and for many different reasons, had shared their intimacy with people considered of inferior quality.

 

 

            In one way or another, the results would have been the same according to the idealistic parameters prevailing in the illustrated environment. By placing in the hands of the parents the power to approve the sacramental unions of their descendants and granting the vice regal authorities the ability to settle disputes that may arise, in their minds the question was settled. It was not necessary to prohibit anything to the non-white population, since the affair was being attacked when appealing to the Spanish subjects, supposedly the most faithful and ordered. Once again, candor characterized the Bourbon law which, in a short time, if not from the outset, was surpassed.

 

 

            It seems that they awoke from that royal innocence in 1803, almost thirty years after the first promulgation of the Pragmatic Sanction, when a sanction was again issued, taking the name of the Royal Decree on Marriages of Children of Family, and in which a series of transcendental issues were insisted upon, such as the inclusion of natives and blacks within the parameters of the same legislation as well as the possibility of parents to deny their children the possibility of marrying a particular candidate without any cause , among other modifications. Two years later, in 1805, the hardening of this code reached its highest levels, since all interethnic marriage was forbidden until prior authorization had been obtained from the audiencia (high court) or the viceroy himself.

 

            As to whether the vassals, both on the peninsula and in the American territory, fulfilled the multiple versions of the Pragmatic Sanction, there is an enormous historiographical debate, since it is always difficult to calculate the repercussions of what is dictated[18]. At least for Buenos Aires, the capital of the Viceroyalty of the Rio de la Plata, there is no doubt that there was a clear decline in inter-ethnic marriages after 1778, going from 23.4% to 10.1%. For the same period, however, there was an increase in illegitimate children, from 19% to 32% of the births in the 1780s, which demonstrated more of a formal rather than real acceptance of the law throughout the whole period[19].

 

 

            Ana Teresa Fanchín, who also documented for San Juan de la Frontera the increase in illegitimate births after the implementation of the Pragmatic Sanction, intended to make clear that it was not an idyllic situation nor easy to assume on the part of the families involved, as

 

 

 […] although the registers of vital records reveal a high percentage of children conceived out of wedlock, a large proportion of whom are mestizos, this does not imply that these behaviors are publicly admitted. In fact, most of the time, these creatures were assimilated to the family group as children of unknown parents, as foundlings or as orphans, but the signs that confirmed the existence of consanguinity ties were kept secret in the majority of cases. What concerns us to know is how the inhabitants of a city far from the hegemonic centers would react to the application of measures tending to deepen the differences according to the skin color. Even more given that very few could display purity of blood[20].

 

 

3. Family conflicts regarding marriage: the lawsuits

 

In the marriage market, in any period and place, personal qualities, family prestige and economic interests have been valued in the search for advantageous connections. Expressions that described marriages as good or bad referred to the success or failure in the negotiation of what each spouse contributed[21].

 

 

            This assertion helps us to understand that which was legislated in the Pragmatic on Marriages did not come from nothing, but rather was inherited from a previous context, in which these motivations were passed on by the society to its descendants. To the socio-economic conditions that the selected spouse had to fulfill, their ethnic base was added. The words of Verena Stolcke help to visualize this problem,

 

the hostility to mixed marriages in the colonies even before 1805 demonstrates that, far from being an imposition, the laws on interracial marriage in the metropolis, all they did was provide a legal framework for existing racial attitudes[22].

 

            It is therefore evident that those families who occupied a privileged place in the society- of Buenos Aires, its province and any other territory-did not wish to lose it under any circumstances and, on the other hand, those which did not enjoy such privilege, longed to procure it without delay. It generated a dense atmosphere of interests and entangled cronyism, in which for the youngest - if they acted of their own accord - there were more chances of failure than success.

 

This delicate situation produced lawsuits which came about when

 

 

 […] when a child - depending on his age - attempted to marry and ask for and obtain the consent or advice of his father, and he denies it, considering, in general terms, that it is an unequal union and therefore will cause the disturbance of the good order of the state and continued discords and prejudices; the son is obliged to file a summary appeal before the ordinary court, to obtain the supplementary license from the royal judge[23].

                                                                                                       

 

         This legal figure implied for those responsible for the minors a true breach of their authority, because they would never before have imagined having to deal with their personal affairs outside their home and with the mediation of the civil authority. For the families involved, however, it was the only tool available to them if they sought to interfere with a marriage that was against their wishes. The first of these claims is paradoxical if, as already mentioned, the Pragmatic on Marriages was promulgated, among other reasons, with the purpose of strengthening parental authority. If, as was just defended, parents were limited in their ability to act and lead their own families, there is something discordant in this combination.

 

            By analyzing both the legislation and the bibliography on the subject, the duality can be intuited. On the one hand, the reinforcement of paternal dominance is evident, since it was clearly legislated in their favor and they were granted, by law, privileges to decide with those that did not previously count, that is to say, the custom was codified to make the predominance of the pater familias clear and written. But beyond the paternal relevance, and following the dictates of enlightened politicians, what should prevail was the Crown. All the Bourbon measures had the same intention, that the regal and institutional power increased, even interfering in the most embarrassing matters of the private life of the subjects[24].

 

            The solution to the problem was, therefore, to give the parents greater powers than those previously held so as to bring order to a chaotic community, but not more than necessary, with which was avoided, in the first place, arbitrariness in the treatment of their children and, secondly, the possibility of eclipsing the royal authority, the sole adjudicator of the omnipotent power.

 

            It is interesting to reflect on the statement of Guillermo O. Quinteros, in which the author shuffles both realities,

 

 

 […] the royal legislation made it possible to settle disputes arising out of the marriage of young children in another way than with the usual authoritarian, discretionary and arbitrary procedures to which the parents resorted. In this sense, far from generating conflict, the laws emanating from the Spanish metropolis came to place very specific limits on the actions of parents as well as those of children. Thereafter, there were rules to which the parties must submit; norms that prohibit - admittedly - but also allow, permit. The files of the suit substantiated before the justice during the whole period are final proof of this[25].

                                                                                                         

        

            Regardless of on who fell the greatest benefits of the Pragmatic on Marriages and, by extension, of the lawsuits, it is of greater interest to make an effort to delve into the analysis of this last element, fundamentally through its casuistry - in what circumstances could it arise and what could it lead to on a family level - making an approach to it through concrete applications.

 

            It is necessary to start from the very essence of the suit, or what is the same, of the paternal-filial litigation generated regarding a choice of an unsuitable spouse for those who should authorize it. The adult opposition had to be based, as it was stipulated, on a series of reasoned principles among which the inequality between the contracting parties had to be manifested. These differences could be very varied, ranging from social, economic or ethnic dissimilarities, among the most common ones, to reasons that alluded to the illegitimate birth of individuals, to their distant origin, to the performance of a vile trade or to their age, among many others.

 

         It is particularly highlighted in the Pragmatic Sanction that the lawsuit regarding the filial decision was supposed to be supported by just causes, for which the disparity between those who wished to marry had to be demonstrated and that it gravely offended the honor of the lineage or imperilled the state. Otherwise, the authorities would declare it as irrational and, therefore, dismiss the paternal refusal.

 

The judicial contest shows us a family concerned about ‘what people will say’, which strives to circumscribe the conflict within the boundaries of the home and avoid the disclosure of disputes. And so, a father will maintain that allowing the transcendence of paternal-filial quarrels would imply disclosing the lack of education and upbringing of family members and perhaps even the prostitution of its members, causing major scandals. The same father will conclude by saying that sometimes it is preferable to shut up excesses to avoid greater evils. The members of this Rio de la Plata unit feel that the misconduct of one harms the whole family and that the ventilation in court of those same excesses damages all its parts[26].

 

The progenitors of the most adventurous and disobedient young people of the province of Buenos Aires lived at the end of the colonial period, including the Hon. Mr. Don Domingo Constanzo, Assistant Major of Militia of the Party of the Cañada de Morón and, at that time, father of Doña Maria Constanzo, who was abducted by the young Pedro José Martínez in September, 1786[27].

 

 

            The Argentine historian Monica Ghirardi defines the abduction of the bride as "another form of resistance coming from the fait accompli[28]." In fact, this dramatic situation used to be reached when the spouses tired of appealing to the parents, opting for the most radical route, which obviously happened outside the courts. Other times, however, they did so a priori, barely consulting the paternal opinion, perhaps because they were sure of what the response would be.

 

 

            Some of these experiences occurred in the reported episode. After the aforementioned kidnapping of the young Doña Maria, her father, Don Domingo, hurried to the justice of Buenos Aires, travelling from his place of residence several leagues away. He wanted to make clear in his statement the intentionality with which Pedro José Martínez had committed the crime, because in his words there was no place for confusion, since when the young man expressed the desire to marry his daughter "[…] he was entirely disillusioned and repulsed[29][…]”.

 

            He had several reasons for refusing this union, but among the most important he pointed out two, perhaps the most alluded in the lawsuits, the suitor's lack of fortune-he could not even maintain his small family, composed only of his mother- and the difference in quality between the two young people.

 

 

            The first step of the young man was correct, to formally request permission to marry, and even the second, to go before the parish priest of the Morón territorial division to obtain his protection, more regarding the verbal opposition of his potential father-in-law and after the writings were sent by him to the Vicar and Vicar-General so that he would not allow the sacramental union, Pedro José went from words to deeds and, helped by his brother, kidnapped the woman he loved.

 

            Two parallel factors to break down arise in the little story of the Martinez and Constanzo families, as well as those of many others at the Hispano-American level. On the one hand, the ecclesiastical action, and on the other, the deserved punishment for the crime of kidnapping and the consequences that this could have on the tainted honor of a virgin. In the course of action of the priest who supported the forbidden love of two young people, beyond their gentleness and understanding, the repeated disobedience of the Pragmatic Sanction on Marriages by many members of the lower clergy can be appreciated, an irregularity not committed by the Vicar-General, who granted approval to the pretensions of the humiliated father and admonished his subordinate.

 

            As for punishment for abduction, it was not always requested by the parents, for even if the captor were condemned, the dishonor to the maid had already been committed. With regard to this question, Verena Stolcke asserts that if some parents had opposed their daughter's liaison, and she was abducted to force them to accept the loss of their honor, they would give in, allowing marriage repair errors, if the social distance between the spouses did not seem too great. If this were the case, they would proceed to recover the daughter to the family home and blame the person responsible for the abduction[30]. It seems, by the attitude shown by Don Domingo Constanzo, that the latter option would apply to his case.

 

            When it came to bringing up defects from the opposite side, the protagonists of these episodes always became professionals in defamation, echoing the rumors circulating about the incipient public opinion, but also investigating their lives and contributing all the negative elements that could pass through their imagination. Don Domingo's main intention was undoubtedly to distort the pretender's genealogy, an ideal attitude in a society full of prejudices that still valued the past of individuals more than their own abilities. For this, he alluded to the mother of the rejected as son-in-law, Escolástica Amaya, who was the daughter of Miguel Amaya, an aboriginal from Santiago.

 

            Faced with this affirmation, we return to the Pragmatic and to the probabilities of success or failure of the petition, for among the rational causes to formulate a lawsuit, it was not found that the other party was a descendant of natives, among other things, because those of that ethnicity - not like blacks and those who were born of them - had to be taken as equals to the Spaniards. Even so, this was the difference of quality put forward by Don Domingo.

 

            But an allegation, although depending on who presented it, with weight, was never sufficient, so that they would also refer to the poverty of the candidate - because he did not even own a horse despite devoting himself to the tasks of the field - as well as his moral defects, among which they emphasized a libertine and licentious life with a tendency to idleness. Of course, this could be tolerated if compared with someone of low stature, but being an individual of his distinction, it was inadmissible.

 

            So far, the protagonist of the events has been the father of Doña Maria, who had come before the authority to denounce the kidnapping of his daughter and was strongly opposed to the possibility of a marriage bond with her that had caused him such grievance. But the young man, who had not come out well from his action because he was arrested and imprisoned, also had something to say. Even from prison, taking advantage of being in proceedings with the justice, it was the perfect time to counter the imposed lawsuit and fight to fulfill his longing. It was up to him to prove the quality of his birth, for which he would insist that he came from a Spanish family, and that despite his humble socioeconomic situation he worked enough to support his mother - an old weaver and widow - and his brothers. All this he did, however, only through distinguished witnesses, but without providing documentary evidence, because in order to obtain this it was necessary to invest time and resources, which he lacked.

 

 

            But if something characterized this lawsuit, it was its slowness, which was so much so that it was necessary to stop the case[31], declaring null all progress made by the justice until that time. This situation, which left the process almost in the same state as if it had not begun, caused some uncertainty in those affected by the prohibition of marriage. Nevertheless, the young people took advantage of this uncertainty to go to the only institution that could help them, the Church, and to request the marriage again. On the afternoon of December 1, 1786, almost three months after the beginning of the process and using the facilities of the Royal Prison of Buenos Aires, Pedro Jose Martinez and Doña Maria Constanzo were united in holy matrimony by the ecclesiastical deputy, with the approval of the viceroy.

 

            Such a policy of faits accomplis assisted, as expected, the response of the main person affected, Don Domingo Constanzo. The same judge who had stopped the case and, later, processed the license for the marriage, again gave the dissenter a period of nine days to reveal his feelings. They were days of the continuous traffic of witnesses, neighbors of the Cañada de Morón, on the part of the affected, many of whom did not support him, for which they were invalidated and new ones were requested. The accused did the same with his closest friends, and his version was unanimously endorsed, arguing that he was treated like a peon[32], but was the legitimate son of Spaniards, even granting his parents the title of don.

 

            The long case concludes by referring to the many irregularities that occurred in the course of the same, from its interruption to its resumption, with the marriage in the middle, until the last resolution which declared the lawsuit to be irrational. The prosecutor expressed himself four months after the wedding ceremony, stating that the mayor had not been able to carry out the lawsuit proceedings, since he had also trusted in the wrong adviser and was therefore urged to replace him and to fix many blunders.

 

 

            At first glance, the lawsuit had been resolved, since Pedro Jose Martinez and Doña Maria Constanzo had taken the sacrament of marriage before the Church, with institutional approval, and the suit had been declared irrational. However, it is not known, as there was no further documentation on the case, if Don Domingo Constanzo, the disobeyed father, would have had the strength to continue appealing or, if perhaps, the authorities heard the prosecution's voice and acted again to dispatch the situation definitively. Although it was doubtful that this was so, because except for the infractions committed, in fact and in law, after an abduction and a marriage, the subject seemed more than settled.

 

            A decade later, Matías Palacios, a man from Cordoba, living in Buenos Aires, wanted to marry Maria de las Nieves, a slave in the Estancia de la Calera[33], owned by the School of Orphan Girls of Buenos Aires[34]. In this case the suitor did not meet the opposition of his parents - since they had died – nor that of his possible father-in-law to his wish to marry, but rather that of his older brother, Pedro Ignacio Palacios, who resorted to the territorial division de las Víboras in the Banda Oriental, because there, arrangements for marriage were being made, in order to get in touch with the priest of the place and to prevent it. His intention was to reveal the enormous inequality between the contracting parties, which in itself would prevent the marriage. Pedro Ignacio could not accept the blessing of the union of a member of his Spanish family with a brown or mulatto woman and, worse still, one under the regime of slavery.

 

            In this context, it is necessary to emphasize the response that the younger of them gave to his brother and legal guardian, "[...] under the pretext that we were unequal, when it is true that although my mother was Spanish, my father was a mulatto and, therefore, there is no disparity of lineage of said marriage treaty[35]." An atypical and surprising episode was occurring in which an individual consciously harmed himself and, by extension, all the members of his lineage, for one purpose, to marry the person he had chosen.

 

            This reaction is even more disconcerting for what it implied, for if one of his ancestors had truly been a mulatto, and yet his family had managed to break through the barrier of color, all being recognized as Spaniards, the young man was responsible for disrupting, with a hasty testimony, the tortuous process of whitening initiated by his parents and that had already obtained its fruits. In the case that his dark ancestry was only a strategic invention to put himself on a level with his fiancé, he was doing his relatives a disservice by sowing a doubt that would not be without cost. But on rare occasions, like the one before us, some characters were willing to become black. This was narrated by Carlos Mayo,

 

the young lovers, in their eagerness to defend their partner, will not hesitate to delegitimize the social pretensions of their parents, publicly exposing in court the stains that darkened their own lineage, the secret family confessions that ended up lowering the status of their own relatives[36].

                                                                                                       

         The unthinking attitude of the suitor led to the displacement of his older brother from the Banda Oriental to Buenos Aires, where the case was being tried. In his speech against the nuptials, he was disbelieving of the behavior of his charge, who had tried to deceive him by marrying in secret, "[...] believing perhaps that my poor situation as a farm laborer would make me give up my regular endeavour[37]." He emphasized in this way the divergence between his daily life, of mere subsistence, and his good lineage, marked by two surnames which he himself alluded to with pride, since both the Palacios and the Rivarolas were always held and reputed as whites[38]. As an irrefutable proof of the whiteness of his family, in addition to the opinion of the witnesses, he contributed as a fact the membership of many of his relatives to the priestly order, a dignity that could not have been received with stains of origin.

 

            The expected response from the lover would have been a reply, documented or supported by the testimonies of third parties, which showed the hidden part of his ancestry, in order to be on a level with his fiancée and to be able to walk together to the altar. However, this did not happen, for the young Matias Palacios backed down on his aspiration of marrying her and withdrew what had been said, breaking his word to his brown slave. His statements were as follows,

 

 

[…] “I maturely meditated as regards this matter with the seriousness that it deserves. I intended to leave aside the passion that had influenced my explained attempts. From this deep consideration has resulted my disenchantment and, what is more, I have envisioned the horror of a union completely different from my birth and none at all, corresponding to my unarguable Spanish condition. I thought I had the right to renounce it in exchange for the satisfaction of my desires. In virtue of this, I confess my mistake and I loathe the thought of marrying the before mentioned serf[39]

 

 

 

Once the passion had died out, after reflecting upon what his life would be like by sharing it with a slave, and the consequences that his acts would bring upon his descendants, which would have been serfs by their mother’s inheritance, he decided to slow down and abandon the trial started against his brother only 30 days before. His comfortable position and, mainly, the cruelty and indifference of his words, may cause some apathy towards this character. However, from our position as historians, we must remember the complexity of the period studied and, above all, the narrow environment in which the different actors developed.

 

        Therefore, it is necessary to state the rationality and irrationality of withdrawal from marriage, as the groom-to-be abandoned the intention of marriage, the case was closed and lacked any significance. The doubt raised by Verena Stolcke, “how was it possible that some white men, to put it in a way, swam against the current by marrying a woman of color at the expense of social rejection and the degradation of their parents? [40]” was left, in this situation, unanswered.

 

 

4. Conclusions

 

This review of the Pragmatic on Marriages has allowed us to penetrate into the most obscure aspects of the lives of some inhabitants of the Province of Buenos Aires in the last years of the viceregal period. Through their experiences, but without losing sight of the legal framework of the successive dispositions in which they were set, it has been possible to reconstruct a tangible and close reality about certain sporadic events that were full of meaning.

 

 

        The influence of this legal corpus inherited from the Bourbon dynasty accessed the most intimate recesses of the households, transcending the clearly political nature it had, to get imprinted in the members of the community that came across it. Showing concern for the family in order to be able, from the law, to pacify and ensure social order was an intelligent practice that made of such an elevated thing as a pragmatic, a daily issue in Spain as well as in the colonies of the empire.

 

 

        Between agreements and disagreements between parents and children, young anonymous people passed their days, people like Pedro José Martínez, María Constanzo or Matías Palacios, and others who have not been mentioned here, as popular and relevant as Mariquita Sánchez de Thompson. They are a mere sample of those who, independently of their social class, had to first face their parents, or tutors, in general, and, later on, if they were firm in their public disobedience, they had to face justice.

 

        Negotiation was at hand everywhere. The elders, abusing their authority, could exert pressure on their descendants by disinheriting them of all possessions, to setting them apart from the lineage and the brusque cut of family ties. The young, dependent and fragile in appearance, made from their weakness their authentic strength of reassurance and when they remained true to their beliefs, they never gave up until they became a reality.

 

        The Royal Pragmatic on Marriages that, loaded with the prejudice of its time, came to prevent the unions between unequal individuals and, therefore, the greatly feared mix of blood, brought about such social revolt that destroyed the peace of many families, who exerted unmeasured pressure on their children through the strengthening of parental power and the surveillance of the state upon the private life of its vassals.  On the other hand, data shows that the decrease of exogamic marriages brought about an increase in illegitimate births, which generated an even more serious problem, impossible to solve.

 

        If the code that regulated the freedom to love in the Spanish domains went in that direction, its legal figure, the lawsuits, were an invaluable help for those young people who were not in agreement with their parents’ decision so they could appeal said arbitrary resolutions. This was a unique opportunity to act within the legal framework at a time that contributed to the clash of the archaic colonial customs with the rise of individualism, which gave them a voice, and opened their eyes to an uncertain future, but surely a happier one.

 

 

 

Documentary sources

 

Archivo General de la Nación (AGN). Buenos Aires-Argentina. Sala IX, Secciones Tribunales y Tribunales Administrativos.

 

Archivo Histórico Provincial de Buenos Aires (AHPBA). La Plata-Argentina. Real Audiencia y Cámara de Apelación de Buenos Aires.

 

Bibliography

 

Bistué, Noemí del Carmen y Marigliano, Cecilia. “Los disensos matrimoniales en la Mendoza virreinal (1778-1810)”, Revista de Historia del Derecho, núm. 20 (1992): 75-101.

 

Bistué, Noemí del Carmen y Marigliano, Cecilia.  “Los disensos matrimoniales en Mendoza. Época patria (1810-1869)”, Revista de Historia del Derecho, núm. 23 (1995): 37-63.

 

Cicerchia, Ricardo. “Historia de las prácticas, discursos y representaciones familiares. El espectáculo del disenso en la ciudad secular”, Revista Iberoamericana LXX, núm. 206 (enero-marzo 2004): 37-52.

 

Fanchín, Ana Teresa. “Entre el prejuicio racial y el interés económico. Un caso de disenso en San Juan de la Frontera a fines de la colonia” (capítulo VIII). En Uniones interétnicas en Hispanoamérica. Fuentes, avances y contenidos de la cuestión: siglos XVII-XIX. Buenos Aires: Mnemosyne, 2010.

 

Fernández Pérez, Paloma. El rostro familiar de la metrópoli. Redes de parentesco y lazos mercantiles en Cádiz, 1700-1812. Madrid: Siglo XXI de España, 1997.

 

Ghirardi, Mónica. Matrimonios y familias en Córdoba. Prácticas y representaciones. Córdoba: Universidad Nacional de Córdoba, 2004.

 

Ghirardi, Mónica. “Experiencias de desigualdad. El régimen matrimonial homogámico y sus tensiones en Córdoba en la transición del Orden Monárquico al Republicano” (capítulo II). En Mestizaje, sangre y matrimonio en territorios de la actual Argentina y Uruguay, siglos XVII-XX. Buenos Aires: Dunken, 2008.

 

Gonzalbo Aizpuru, Pilar. “Afectos e intereses en los matrimonios en la ciudad de México a fines de la colonia”, Historia Mexicana LVI, núm. 4. (2007): 1117-1161.

 

Kluger, Viviana. “Los deberes y derechos paterno-filiales a través de los juicios de disenso. Virreinato del Río de la Plata (1785-1812)”, Revista de Historia del Derecho, núm. 25 (1997): 365-390.

 

Kluger, Viviana.  “Algunas particularidades de los pleitos familiares en el Virreinato del Río de la Plata, 1785-1812”, Revista de Historia del Derecho, núm. 27 (1999): 219-245.

 

Konetzke, Richard. Colección de documentos para la historia de la formación social de Hispanoamérica: 1493-1810, vol. III, tomo I. Madrid: CSIC e Instituto Jaime Balmes, 1962.

 

Langue, Frédérique. “Revoltosos aunque caballeros. Los umbrales del honor en la Caracas del siglo XVIII” (capítulo III). En Fronteras y sensibilidades en las Américas. Madrid: Doce Calles, 2011.

 

Marre, Diane. “Historia de la familia e historia social. La aplicación de la Pragmática Sanción de Carlos III: una revisión”, Quaderns de l’Institut Català d’Antropologia, núm. 10 (1997): 217-249.

 

Mayo, Carlos A. Porque la quiero tanto. Historia del amor en la sociedad rioplatense (1750-1860). Buenos Aires: Biblos, 2004.

 

Olivero Guidobono, Sandra. “Ni propietario ni conchabado; agregado. Fuerza laboral y solidaridad en la familia rural rioplatense: el Pago de la Costa a mediados del siglo XVIII” (capítulo VIII). En Estampas familiares en Iberoamérica: un acercamiento desde la antropología y la historia. México D. F.: Centro de Investigaciones y Estudios Superiores en Antropología Social, 2010.

 

Porro, Nelly R. “Los juicios de disenso en el Río de la Plata. Nuevos aportes sobre la aplicación de la Pragmática de Hijos de Familia”, Separata del Anuario Histórico Jurídico Ecuatoriano, V (1980): 193-229.

 

Porro, Nelly R.  “Extrañamientos y depósitos en los juicios de disenso”, Revista de Historia del Derecho, núm. 7 (1980): 123-149.

 

Porro, Nelly R.  “Conflictos sociales y tensiones familiares en la sociedad virreinal rioplatense a través de los juicios de disenso”, Apartado del Boletín del Instituto de Historia Argentina y Americana Dr. Emilio Ravignani, núm. 26 (1980): 361-392.

 

Quinteros, Guillermo O. “Consideraciones en torno al encierro de los novios en los juicios de disenso. Buenos Aires, 1776-1852”, Trabajos y Comunicaciones (2ª Época), núms. 26/27 (2000-2001): 127-158.

 

Quinteros, Guillermo O.  “Los juicios de disenso en Córdoba y Buenos Aires durante las décadas de 1830-1850. Una aproximación comparativa” (capítulo IX). En Pensar y construir los grupos sociales. Estrategias, integración y resistencia. Córdoba y Buenos Aires, siglo XVIII al XX. Córdoba y La Plata: Centro de Estudios Históricos “Prof. Carlos S. A. Segreti” y Centro de Estudios de Historia Americana Colonial, 2009.

 

Quinteros, Guillermo O.  Ser, sentir, actuar, pensar e imaginar en torno al matrimonio y la familia: Buenos Aires, 1776-1860 [online] (La Plata: Universidad Nacional de La Plata, 2010), http://www.memoria.fahce.unlp.edu.ar/tesis/te.446/te.446.pdf

 

Rípodas Ardanaz, Daisy. El matrimonio en Indias: realidad social y regulación jurídica. Buenos Aires: Fundación para la Educación, la Ciencia y la Cultura, 1977.

 

Rodulfo Cortés, Santos. El régimen de las Gracias al Sacar en Venezuela durante el periodo Hispánico, Tomos I y II. Caracas: Academia Nacional de la Historia, 1978.

 

Socolow, Susan. “Parejas bien constituidas: la elección matrimonial en la Argentina Colonial, 1778-1810”, Anuario del IEHS, V (1990): 133-160.

 

Socolow, Susan. “Cónyuges aceptables: la elección de consorte en la Argentina Colonial, 1778-1810” (capítulo VI). En Sexualidad y matrimonio en la América hispánica, siglos XVI-XVIII. México D. F.: Grijalbo, 1991, 229-270. Traducción de la edición original en inglés, Sexuality and marriage in Colonial Latin America. Nebraska: University of Nebraska Press, 1989.

 

Stolcke, Verena. Racismo y sexualidad en la Cuba colonial. Madrid: Alianza, 1992. Traducción de la edición original en inglés, Marriage, class and colour in Nineteenth Century Cuba, Cambridge: Cambridge University Press, 1974.

 

Twinam, Ann. Vidas públicas, secretos privados: género, honor, sexualidad e ilegitimidad en la Hispanoamérica Colonial. Buenos Aires: Fondo de Cultura Económica, 2009. Traducción de la edición original en inglés, Public Lives, Private Secrets. Gender, Honor, Sexuality and Illegitimacy in Colonial Spanish America. Standford: Standford University Press, 1999.

 

 

 

 



* This article is a product of the study “The desire to be White: social mobility and mixing in Colonial Buenos Aires (18th century),” carried out in the framework of the pre-doctorate scholarship of the Training Program for University Professors (2011-2015) of the Ministry for Education within the Department of American History of the Universidad de Sevilla (Spain).

[1] Bachelor in History (graduated with honors) and Master’s Degree in American Studies in the Universidad de Sevilla. Doctor in American history and Honorary Assistant in the Department of American history in the Universidad de Sevilla. Professor in the Courses Coordinated with Foreign Universities for the Faculties of Philology, Geography and History of the Universidad de Sevilla and Researcher in Training, and Scientific Secretary of the Permanent Seminar on Families and Social Networks: Ethnicity and Mobility in the Atlantic World, since its foundation. afuentes@us.es

[2] It is necessary to highlight that this was the name given to the first version of the Pragmatic, proclaimed in 1776, but it has to be taken into consideration that throughout the following decades the it suffered additions and corrections, above all with the intention of approaching the problems of the American continent more efficiently. The years 1778, 1783, 1787, 1788, 1790, 1792, 1793, 1798, 1803 and 1805 brought modifications and reiterations to the corpus. The reform applied in 1803 especially stands out, where the Pragmatic was sanctioned again, reaching its most popular variant, Real Cédula sobre Matrimonios de Hijos de Familia (Royal Document), with modifications of greater extent which will be developed throughout the present text.

[3] Nelly R. Porro, “Conflictos sociales y tensiones familiares en la sociedad virreinal rioplatense a través de los juicios de disenso”, Section of the Boletín del Instituto de Historia Argentina y Americana Dr. Emilio Ravignani, Issue 26 (1980): 361.

[4] Verena Stolcke, Marriage, class and colour in Nineteenth Century Cuba, Cambridge: Cambridge University Press, 1974.

[5] Ricardo Cicerchia, “Historia de las prácticas, discursos y representaciones familiares. El espectáculo del disenso en la ciudad secular”, Revista Iberoamericana LXX: Issue 206 (Jan-Mar 2004): 50.

[6] Guillermo O. Quinteros, Ser, sentir, actuar, pensar e imaginar en torno al matrimonio y la familia: Buenos Aires, 1776-1860 [online] (La Plata: Universidad Nacional de La Plata, 2010), http://www.memoria.fahce.unlp.edu.ar/tesis/te.446/te.446.pdf, 43 (24 April 2015).

[7] Ricardo Cicerchia, “Historia de las prácticas…”, 37.

[8] Paloma Fernández Pérez, El rostro familiar de la metrópoli. Redes de parentesco y lazos mercantiles en Cádiz, 1700-1812, Madrid: Siglo XXI de España, 1997, 125.

[9] Richard Konetzke, Colección de documentos para la historia de la formación social de Hispanoamérica: 1493-1810, vol. III, book I, Madrid: CSIC & Instituto Jaime Balmes, 1962, 46.

[10] Richard Konetzke, Colección de documentos… 46.

[11] Viviana Kluger, “Los deberes y derechos paterno-filiales a través de los juicios de disenso. Virreinato del Río de la Plata (1785-1812)”, Revista de Historia del Derecho, Issue 25 (1997): 366.

[12] Frédérique Langue, “Revoltosos aunque caballeros. Los umbrales del honor en la Caracas del siglo XVIII”, in Fronteras y sensibilidades en las Américas, Madrid: Doce Calles, 2011, 73.

[13] Frédérique Langue, “Revoltosos aunque caballeros…”, 74-75.

[14] Several authors have so far devoted their efforts to unravelling the meaning of Gracias al Sacar. See: Santos Rodulfo Cortés, El régimen de las Gracias al Sacar en Venezuela durante el periodo Hispánico, Tomos I y II, Caracas, Academia Nacional de la Historia, 1978 and, above all, Ann Twinam, Public Lives, Private Secrets. Gender, Honor, Sexuality and Illegitimacy in Colonial Spanish America.Buenos Aires, Fund for Economic Culture, 2009, among many other contributions from the same historian. It should be noted, moreover, that for several years the author of this article has been working in this direction, not forgetting the importance of de jure whitening, but delving into the de facto, through mechanisms such as marriage or the construction of powerful family networks, passing unnoticed, with the approval of much of the society and the scruple of the other, more frequently but without definite sanction of the Crown.

[15] Daisy Rípodas Ardanaz, El matrimonio en Indias: realidad social y regulación jurídica, Buenos Aires: Foundation for Education, Science and Culture, 1977, 33.

[16] “Legitimation of don Melchor and don Agustín Varea y Lazcano, from La Plata, sons of don Domingo Herboso y Figueroa and doña Gertrudis Varea y Lazcano” (La Plata), General Archive of Indies (AGI, by its acronym in Spanish), Charcas, 554, doc. 25, 1791.

[17] Ricardo Cicerchia, “Historia de las prácticas…”, 38.

[18] The approaches are based on the intensity with which the Pragmatic of Marriages had influence after its promulgation on the daily life of the subjects and, specifically, on their most private sphere. Those who, like Susan Socolow, Monica Ghirardi or Ana Teresa Fanchín, have delved into the parochial registers, detect a marked graduality in the fulfilment of the norm. With different figures depending on the idiosyncrasy and the context of the analyzed territory, it is possible to see after 1778 the reduction of the number of interethnic marriages, as well as the growth of consensual relations between these same individuals and the birth of their corresponding illegitimate children.

[19] Susan Socolow, Sexuality and marriage in Colonial Latin America, Nebraska: University of Nebraska Press, 1989.

[20] Ana Teresa Fanchín, “Entre el prejuicio racial y el interés económico. Un caso de disenso en San Juan de la Frontera a fines de la colonia” in Uniones interétnicas en Hispanoamérica. Fuentes, avances y contenidos de la cuestión: siglos XVII-XIX, Buenos Aires: Mnemosyne, 2010, 221-222.

[21] Pilar Gonzalbo Aizpuru, “Afectos e intereses en los matrimonios en la ciudad de México a fines de la colonia”, Historia Mexicana LVI, No. 4. (2007): 1121.

[22] Verena Stolcke, Marriage, class and color… 42.

[23] Nelly R. Porro, “Los juicios de disenso en el Río de la Plata. Nuevos aportes sobre la aplicación de la Pragmática de Hijos de Familia”, Offprint of Anuario Histórico Jurídico Ecuatoriano, V (1980): 195-196.

[24] For this dynasty, it was very clear that a strong state had to be equipped in its territories in order to continue to maintain control, especially focusing on those further away, where effective dominance was more vulnerable. Even the Catholic Church had to suffer the continuous examples of Bourbon regalism. Without going any further, the Pragmatic was one of the major departures of this institution with the family, as up until now it had been the only one responsible for settling conjugal matters and, from this promulgation, they passed to a clear second stage, in that the priests had only the possibility of respecting the royal judgments and of collaborating in their implementation.

 

[25] Guillermo O. Quinteros, “Consideraciones en torno al encierro de los novios en los juicios de disenso. Buenos Aires, 1776-1852”, Trabajos y Comunicaciones (2ª Época), Issues 26/27 (2000-2001): 158.

[26] Viviana Kluger, “Algunas particularidades de los pleitos familiares en el Virreinato del Río de la Plata, 1785-1812”, Revista de Historia del Derecho, Issue 27 (1999): 239.

[27] “On the side of don Domingo Constanzo, against Pedro José Martínez who intended to marry doña María, daughter of don Domingo and that was the lawsuit about”, Buenos Aires, 15/09/1786. General Archive of the Nation (AGN), Room IX, Court Section, 40-06-06, leg. C13, file. 3, 1786.

[28] Mónica Ghirardi, “Experiencias de desigualdad. El régimen matrimonial homogámico y sus tensiones en Córdoba en la transición del Orden Monárquico al Republicano” in Mestizaje, sangre y matrimonio en territorios de la actual Argentina y Uruguay, siglos XVII-XX, Buenos Aires: Dunken, 2008, 46.

[29] “As for Don Domingo Constanzo…”, f. 1, r.

[30] Verena Stolcke, Marriage, class and color…

[31] This matter was also regulted in the Pragmatic. After the father’s refusal to give consent to his children’s marriage, the spouses-to-be had 8 days to appeal the decisión, the resolution of the conflicto could not take longer than 1 month.

[32] The conchabado was a worker of the colonial Rio de la Plata campaign in direct relation with the agricultural tasks, that has a conchabo or paper of residence and stay in a farm or farm to carry out rural works. As such, it is registered in the local enumeration. This definition appears in Sandra Olivero Guidobono, “Ni propietario ni conchabado; agregado. Fuerza laboral y solidaridad en la familia rural rioplatense: el Pago de la Costa a mediados del siglo XVIII”, in Estampas familiares en Iberoamérica: un acercamiento desde la antropología y la historia, México: Centro de Investigaciones y Estudios Superiores en Antropología Social, 2010, 199.

 

[33] It is a Jesuit estancia in Uruguayan territory, but under the jurisdiction of Buenos Aires between 1767, the year of the expulsion of the Society of Jesus from American lands, and the emancipation of the colonies. During those years, its administration depended on the Temporalities Board of Buenos Aires and, later, on the Brotherhood of Holy Charity. The profits produced from this served for the maintenance of the School of Orphan Girls of Buenos Aires.

[34] “withdrawal from File of marriage promoted by Matías Palacios, with his brother Pedro Ignacio Palacios”. AGN, Room IX, Court Section, 42-02-02, leg. P14, file 9, 1797.

[35] “Case file promoted by Matías Palacios…”, f. 4, r.

[36] Carlos A. Mayo, Porque la quiero tanto. Historia del amor en la sociedad rioplatense (1750-1860), Buenos Aires: Biblos, 2004, 42.

[37]Case file promoted by Matías Palacios…”, f. 6 v.

[38] Pedro Ignacio was part of this large group of poor whites present in the colonies, who, despite not having enough to feed themselves, clung to their status as such, for that was all they had left. They could not bequeath their offspring with a better inheritance, and therefore, in the face of any accusation that would call into question their whiteness, they would be willing to invest whatever efforts were necessary to bring to the surface a truth in which they believed blindly.

[39] “Case file promoted by Matías Palacios…”, f. 9 r. & v.

[40] Verena Stolcke, Marriage, class and color… 106.