Beruflich Dokumente
Kultur Dokumente
MERCHANTS,
AND THE
MI LI TARY I N LATE
COLONI AL PERU
patricia h.
marks
DECONSTRUCTI NG
LEGI TI MACY
THE PENNSYLVANIA STATE UNIVERSITY PRESS
UNIVERSITY PARK, PENNSYLVANIA
WWW.PSUPRESS.ORG
ISBN 978-0-271-03209-2
9 780271 032092
90000
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marks
Examining the bitter trade disputes that divided Peru and
shaped its conicts with Spain, Patricia Marks casts new light on
Spanish Americas bumpy transition from colony to republic. In
delightfully clear prose, she contributes to our understanding of
the Wars of Independence and the transatlantic struggles about
free trade and representation. This is a landmark book that
oers many surprising and welcome discoveries.
charles f. walker,
university of california, davis
This is an impeccably researched and articulately written
inquiry into the collapse of royal authority in Lima at the time
of independence. Not only does the book yield a bounty of
fresh insights and interpretations into these tumultuous events,
but it also identies actions by the rebels that set an important
precedent in Peruvian politics and reverberated in the political
culture for years to come.
peter f. klaren,
george washington university
patricia h. marks is an independent
scholar who received her doctorate in history
from Princeton in 2003.
Jacket illustrations: Top front: Edward Francis Finden, View of Lima
from the Sea Near Callao. Detail from Alexander Caldcleugh, Travels
in South American During the Years 18192021. London: John
Murray, 1825. Courtesy Rare Books Division, Rare Books and
Special Collections, Princeton University Library (photo: John
Blazejewski). Lower right: Mariano Carillo, Viceroy Joaqun de la
Pezuela. Courtesy Museo Nacional de Arqueologa, Antropologa
e Historia del Per (photo: Daniel Giannoni).
Jacket design by Kimberlly Glyder Design
T
he overthrow of Viceroy Joaqun de
la Pezuela on 29 January 1821 has not
received much attention from historians,
who have viewed it as a simple military uprising.
Yet in this careful study of the episode, based on
deep archival research, Patricia Marks reveals
it to be the culmination of decades of Peruvian
opposition to the Bourbon reforms of the late
eighteenth century, especially the Reglamento de
comercio libre of 1778. It also marked a radical
change in political culture brought about by the
constitutional upheavals that followed Napoleons
invasion of Spain. Although Pezuelas overthrow
was organized and carried out by royalists among
the merchants and the military, it proved to be
an important event in the development of the
independence movement as well as a pivotal factor
in the failure to establish a stable national state in
post-independence Peru. The golpe de estado may
thereby be seen as an early manifestation of Latin
American praetorianism, in which a sector of the
civilian population, unable to prevail politically
and unwilling to compromise, pressures army
ocers to act in order to save the state.
DECONSTRUCTING LEGITIMACY
01.Marks FM-Chap 4 8/22/07 10:56 AM Page i
01.Marks FM-Chap 4 8/22/07 10:56 AM Page ii
DECONSTRUCTING LEGITIMACY
Viceroys, Merchants, and the Military in Late Colonial Peru
PATRICIA H. MARKS
THE PENNSYLVANI A STATE UNI VERSI TY PRESS
UNI VERSI TY PARK, PENNSYLVANI A
SABOTAGINGREFORM
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 107
Jorge de Escobedo, in 1781 and 1787 respectively, and then by the deaths of
Jos de Glvez in June 1787 and of King Carlos III in December of the
following year. With the departure from Peru of Viceroy Francisco Gil de
Taboada y Lemos in June 1796, the stage was set for successful sabotage of the
reforms. And when yet another war broke out in Europe, the limeos chances
of reducing the reforms to irrelevance were suddenly greatly improved.
WARTIME OPPORTUNITY AND LIMEO RESPONSE
With the declaration of war against England in October 1796, the Spanish
government could dedicate neither time nor attention to efforts to refine,
strengthen, and enforce the decrees supporting the Reglamento de comercio
libre of 1778.
1
On the contrary, the crown itself issued orders that under-
mined the reformed commercial regime, opening opportunities for limeo
merchants to compete with their metropolitan rivals and trade directly with
foreigners whose merchantmen anchored in colonial ports. The new decrees,
however, did not always improve the situation of limeos. For example, on
23 August 1796, prior to the formal declaration of war, the crown rescinded
one of the most important provisions of the Reglamento of 1778, the article
limiting participation in the Atlantic trade to the kings vasallos de Espaa.
Spanish Americans were permitted, until further notice, to mount expe-
ditions to the designated ports of the metropolis in their own ships laden
with local produce, and to return with cloth and manufactures . . . in the
same manner and form as Spanish merchants trade from Spain.
2
The
response in Lima was negligible, if not invisible, perhaps because the royal
order did not apply to Peru: no acknowledgment of it has been found in
the registers of viceregal correspondence. Even though limeos owned large
ships that dominated the sugar-wheat exchange with Chile, no limeo-
owned ships engaging in the Atlantic trade between 1796 and 1804 have
been identified. A list of ships sailing from Callao for Cdiz in 181618
shows only one criollo family, the Santiago de Rotaldes, engaged in the
108 deconstructing legitimacy
1. Jacques A. Barbier, The Culmination of the Bourbon Reforms, 17871792, HAHR 57, no. 1
(Feb. 1977): 68. According to Fisher, Commercial Relations, 16, It was not the demise of Charles
III but the outbreak of war between Spain and Britain . . . which was to bring to an end the
system of free trade inaugurated in 1778.
2. Real orden, 23 Aug. 1796, Documentos para la historia argentina, 7:12021. The real orden gave
three reasons for permitting Americans to participate in the Atlantic trade: the increase in trade
to Spain in American products, the consequent need to increase navigation between metropolis
and colonies, and the influence of the actual circumstances in Europe on freight charges derived
from the scarcity of ships and the costs of arming them.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 108
Atlantic trade in its own ship, the Comercio, which anchored in Cdiz in
1816; but one brother of this family lived in Cdiz and was matriculated in
its consulado, and therefore legally permitted to engaged in the Atlantic
trade under the provisions of the Reglamento.
3
As far as is known, metro-
politan merchants did not charter limeo-owned ships for voyages from
Callao to the peninsula. The Filipinas Company owned most of the ships
used in its colonial trade, or chartered them in England, and no instance
is known where the Cinco Gremios Mayores employed ships owned by
limeos either to carry its imports to Callao or transfer profits to Spain.
Metropolitan merchants in Lima used Spanish warships (especially for remit-
ting specie), their own ships, or those of their peninsular correspondents.
Whenever Spain was at war with England, the consequences of depen-
dence on peninsular Spanish shipping in both the Atlantic trade and
interprovincial seaborne commerce in the Pacific were revealed in all their
clarity. In April 1797, when Admiral Horatio Nelson successfully block-
aded Cdiz, the effect was immediate and dramatic: Spains exports to her
American colonies fell from 251.9 million reales in 1796 to a mere 11 million
reales in 1797. The effect on traffic from Spanish America to Spain was
also remarkable. For example, the value of American products exported
from Montevideo dropped from 5,470,675 pesos registered in 1796 to 534,078
pesos in the following year.
4
With the defeat and destruction of the Spanish
fleet in two epic sea battlesCape St. Vincent in February 1797 and
Trafalgar in October 1805the era of Spains naval power ended, and with
it her ability to defend her American possessions from foreign commercial
encroachment.
5
Recovery of the fleet was impossible during the land-based
sabotaging reform 109
3. List of ships sailing from Callao for Cdiz, 181618, agi-Indif. gen., leg. 2256.
4. Richard Herr, The Eighteenth-Century Revolution in Spain (Princeton: Princeton Univer-
sity Press, 1958), 38889; Vzquez de Prada, Rutas comerciales, 243; John R. Fisher, Trade, War,
and Revolution: Exports from Spain to Spanish America, 17971820 (Liverpool: Institute of Latin
American Studies, University of Liverpool Monograph Series no. 16, 1992), 15, 80; Hernn
Asdrbal Silva, Hamburgo y el Ro de la Plata: Vinculaciones econmicas a fines de la poca
colonial, JbLA 21 (1984): 192. See also Javier Cuenca Esteban, Statistics of Spains Colonial
Trade, 17921820: Consular Duties, Cargo Inventories, and Balances of Trade, HAHR 61, no. 3
(Aug. 1981): 382.
5. Jos Mara Delgado Ribas, El impacto de las crisis coloniales en la economa catalana,
17871807, in La economa espaola al final del antiguo rgimen, ed. Josep Fontana (Madrid:
Alianza, Banco de Espaa, 1982), vol. 3: Comercio y colonias, 15658: Of the forty-six frigates and
sixty ships of the line that formed the Royal Navy in 1790, only five all but unserviceable units
survived in December of 1805; and Jos Cervera Pery, Marina y poltica en la Espaa del siglo xix
(Madrid: Editorial San Martn, 1979), 28 n. 1: Trafalgar is the crucial moment, . . . The
instrument that permitted Spain to conserve her empire disappears from the horizon of her
policy as a means to pursue it and to support her diplomacy.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 109
Peninsular War (180814), when every resource at the regimes command
was confiscated for the use of the army.
6
The effects of successful British privateering could be equally dramatic.
In 1804, four frigates out of Callao were captured off Cdiz. A Catalan
merchant in Lima reported that they were carrying 10 million pesos, but
Josep Delgado Ribas believes that only 4.5 million were on board. Even
accepting the lower figure (which may exclude unregistered specie), the
loss was immense; it exceeded the total value of gold and silver minted in
Limas Casa de Moneda in 1802 and in 1803.
7
As Viceroy Amat understood,
the security of the viceroyalty depended on maintaining a strong maritime
presence off the west coast of Spanish South America, and the few ships
that made their way from Cdiz to Callao annually were inadequate to
the task. But after Trafalgar, defense of the viceroyalty of Peru was left to
luck, and the hope that British warships and merchantmen would find
other, more accessible Spanish colonial targets to occupy their attention
as they did in 1806 when they invaded Buenos Aires.
The British blockade of Cdiz, privateering, and the occupation of
Buenos Aires prompted another change in trade to America. With Spanish
merchants unable to supply the colonies with the quantity of European
manufactures imported in the years preceding the crisis, the government
feared that colonial industry would recover sufficiently to compete with
Spanish factories and the foreign goods carried to America by metropolitan
merchants.
8
To prevent the reversal of one of the hard-won victories of
the reform, on 18 November 1797 the crown opened colonial ports to
neutral trade. In part because of pressure from the consulado of Cdiz, the
decree was repealed on 20 April 1799, but the crowns dependence on
neutral trade became far too significant to permit it to lapse.
9
Instead of a
general decree, then, the crown continued and expanded the old practice
of granting special licenses to merchants and court favorites in return for
payment of a subsidy to the crown, or in lieu of repayment of debts owed
them by a bankrupt government. The licensees were allowed to trade directly
110 deconstructing legitimacy
6. Enrique Manera, Prlogo, in Cervera Pery, Marina y poltica, 12.
7. Delgado Ribas, Impacto de las crisis coloniales, 156; Fisher, Government and Society, 255.
8. Informe de mesa, 6 Dec. 1800, agi-Lima, leg. 1549; Informe de la junta de diputados
consulares, 26 Aug. 1817, agi-Consulados, leg. 62.
9. Barbier, Peninsular Finance, 2829; Barbier, Commercial Reform and Comercio Neutral
in Cartagena de Indias, 17881808, in Fisher et al., Reform and Insurrection, 110, 111; Fisher, Trade,
War, and Revolution, 6061. Parrn Salas, Reformas borbnicas, 41129, discusses neutral trade with
Spains American colonies.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 110
from foreign ports to the colonies in neutral ships carrying foreign manu-
factures. These privileges were often bought and sold as though they were
themselves merchandise, especially after 1804 when another war with
Great Britain broke out.
10
But these measures opening colonial ports to neutral trade were not
supposed to apply to Callao or the other ports of the Pacific. Curiously,
the Pacific ports appear to have remained an exception in the thinking of the
government at Madrid. Among the reasons alleged for excluding Pacific
ports was a desire on the part of the crown to protect the trade of the
Filipinas Company, which obtained special licenses to trade directly to
Callao in neutral ships from neutral ports. Nevertheless, it is clear that
officially sanctioned neutral trade did extend to Callao, at first indirectly
via overland trade in imports carried by neutrals to Buenos Aires, and
directly after 1804.
11
Jacques Barbier discovered records of eleven foreign ships
that anchored in Callao between 1804 and 1808 under the terms of royal
licenses. One more, the Carlota out of Boston, has since been identified.
12
Estimates of the value of manufactures imported to Callao on neutral
ships between 1804 and 1808 are so far impossible to come by, but Barbier
believes that the influx of legal foreign goods was unprecedented. The
number of alien ships arriving legally, and the size of these vessels, would
seem to imply a powerful impact on the local economy.
13
The impact on
the metropolitan merchants in Lima can be surmised from a comment by
one of their leading members, who complained to a friend about the
arrival of ships from Hamburg: Fifteen days ago a frigate out of Hamburg
arrived in Callao with a cargo reported to be worth 250,000 pesos. A
consortium has decided to buy the whole of it, and it is said that other
ships will arrive in the same way, and with this there is no way that we can
participate in commerce, because they can sell their goods for less than those
sabotaging reform 111
10. The text of the decree dated 13 Aug. 1801 is in Documentos para la historia argentina, 8:192,
and the text of another decree dated 16 Sept. 1801 is in ibid.,7:19293. For the text of the decree
dated 23 Nov. 1804, which placed Spanish shipping on a war footing, see ibid., 7:3023.
11. Real orden, 24 Oct. 1806, agi-Lima, leg. 650; Arthur P. Whitaker, The United States and
the Independence of Latin America, 18001830 (New York: W. W. Norton, 1964), 11; Jacques A.
Barbier, Comercio neutral in Bolivarian America: La Guaira, Cartagena, Callao, and Buenos Aires,
in Amrica Latina en la poca de Simn Bolvar: La formacin de las economas nacionales y los intereses
econmicos europeos, 18001850, ed. Reinhard Liehr (Berlin: Colloquium Verlag Berlin, 1989), 369.
12. Barbier, Comercio neutral, table 4, 374; Papers of Thomas Handasyd Perkins, Massa-
chusetts Historical Society, Boston. Parrn Salas, Reformas borbnicas, 44850, lists thirteen, but
two of those ships were contrabanders. For more on the Carlota case, which resulted in a lengthy
lawsuit, see Sres. de la Sala 1
a
al fiscal Pelegrin, ahn-Consejos, leg. 21721.
13. Barbier, Comercio neutral, 375.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 111
that come from Cdiz.
14
Viceroy Avils, in a letter to the crown written
just before he turned the viceroyalty over to his successor in 1806, saw
grave danger in the policy of granting licenses for neutral trade. Foreigners
were regularly abusing the permissions, he declared, importing and exporting
large quantities of merchandise clandestinely, and also acquiring valuable
intelligence about the coasts of Spains Pacific colonies. Worst of all, they
were corrupting the very officials charged with enforcing the rules for the
regulation of trade.
15
Even though his letter was seen by the powerful royal
favorite, Manuel Godoy, the crown ignored Avils criticism, and instead
issued yet another royal order calling on the viceroy to prevent foreign
ships from trading in Peru without express royal permission.
16
After the Napoleonic invasion of Spain in 1808 and the subsequent
alliance with England, the problem became more acute. A British traveler
in Lima, William Bennet Stevenson, commented that the Spanish mer-
chants felt very severely the decrease of their monopoly, by the nonarrival
of vessels from Cdiz, as well as by the arrival of several vessels, under
Hamburgh [sic] colours, with British cargoes and masters, under the pro-
tection of passports from the constituted sovereignties of Spain.
17
But it
is doubtful that limeo merchants could acquire supplies of legally
imported foreign manufactures on the same footing as their metropolitan
rivals. For them, the problem of consignments from peninsular merchant
houses continued to exist in part because, with one known exception,
18
limeos neither applied for nor purchased licenses to trade directly from
foreign European ports in neutral vessels. Those licenses were owned by
Spaniards, most of them resident in the peninsula, who continued to
consign goods to metropolitan merchants in Lima or to the supercargoes
of ships that carried them to Callao. Only metropolitan Atlantic-trade
merchants like Juan de Campoblanco, Javier Mara de Aguirre, and agents
of the Filipinas Company are known to have applied for such licenses
112 deconstructing legitimacy
14. Juan Bautista de Grate to Juan Pedro de Zelayeta, 11 July 1807, bnp-mss, Correspon-
dencia.
15. Informe de mesa, Aranjuez, 14 May 1807, summarizing Avils letter of 8 July 1806, agi-
Cuzco, leg. 29.
16. Informe de mesa, Aranjuez, 14 May 1807, agi-Cuzco, leg. 29; Abascal to Crown, Sept.
1809, acknowledging the real orden of 17 May 1809, agi-Lima, leg. 650.
17. William Bennet Stevenson, A Historical and Descriptive Narrative of Twenty Years
Residence in South America, 3 vols. (London: Hurst, Robinson, 1825), 1:12021.
18. Antonio de Lavalle offered to donate 20,000 pesos to the crown in exchange for
permission to import goods to Lima from Hamburg in a small neutral ship: Informe de mesa,
Madrid, 17 Sept. 1806, agi-Lima, leg. 1549.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 112
from Lima.
19
But apparently not even Aguirre, an apoderado of the Cdiz
consulado, could acquire such licenses if he were resident in Lima. Aguirres
petitions were rejected, probably because he was known to have organized
a consortium of metropolitan merchants whose clear goal was to compete
successfully with the Filipinas Companys monopoly of imports landed
at Callao.
20
Unlike Aguirre, however, both the Cinco Gremios Mayores and their
new factor, Gaspar Rico, stood to benefit from crown policies on neutral
trade to Peru. Born in Logroo, Spain, Rico arrived in Peru in March 1793
aboard the merchantman Neptune and went to work as an administrator
of Estancia de Atosaco in Tarma. Within two years, however, he was involved
in the affairs of the Cinco Gremios Mayores de Madrid, probably as an
assistant to the senior factor, Fernando del Mazo. Sometime before the
turn of the century, Rico returned to Madrid, where he took advantage of
the discontent among the directors of the Cinco Gremios with the poor
profits reported by the Lima factora. By November 1801, he was back in
Lima as diputado administrador for the Peruvian operations of the Cinco
Gremios, replacing Mazo and his second, Ramn Cavallero.
21
Rico proved himself an energetic entrepreneur, well able to seize the
opportunities opened to metropolitan merchants by the crowns policies
on neutral trade. On his way to Lima, he had signed a contract in Buenos
Aires with Julin Hernndez Barruso to charter ships in Europe and Rio
de Janeiro; they were to be used to export hides and other local products
sabotaging reform 113
19. See the registers of three ships that sailed from Callao in 1803, in agi-Lima, leg. 726, and
the list of consignees in Parrn Salas, Reformas borbnicas, 44751, noting that Gaspar de Osma,
fronting for Rico, not the limeo count of Fuente Gonzlez, was the consignee of the Cordelias
cargo. See also Juan de Campoblanco to Crown, Madrid, 8 Oct. 1805, agi-Lima, leg. 1549, and various
petitions like the one in which Doa Margarita OBrien del comercio de Santander . . . solicita
permiso para hacer una expedicin de 300 toneladas desde puerto y en buque neutral con destino
al Callao, ofreciendo el donativo de 20,000 pesos fuertes, 12 Aug. 1807, agi-Lima, leg. 1549.
20. Flores, Iniciativa privada, 114. In 1812 a Junta general de tribunales meeting in Lima at
Abascals behest resolved to maintain the prohibition against direct sailings to foreign ports:
Acta, Junta general de tribunales, 12 June 1812, agi-Lima, leg. 744. Aguirres petitions are in agi-
Lima, leg. 1549. See also Aguirre to Crown, 26 Nov. 1808, agi-Lima, leg. 736; Consejo de la
Regencia to Viceroy, 11 Dec. 1810, agi-Lima, leg. 1549. Parrn Salas, Reformas borbnicas, 437,
reports that the petitions originating in Peru for trade with foreign countries were not success-
ful, except in the case of the count of Premio Real because he was dedicated to the slave trade.
21. Jacinto de Agero to Audiencia of Lima, 18 Apr. 1803; Rico to Directors, Cinco Gremios,
23 May 1804, and Villar de Fuente to Directors, Cinco Gremios, 9 Aug. 1804, all in Expediente
sobre el conducto, agi-Lima, leg. 1620; Gaspar Rico, Compendio o extracto de las tropelas y excesos
verificados por los directores de los Cinco Gremios Mayores en Madrid, y por comisin de ellos, contra D.
Gaspar Rico y D. Antonio Taranco, socios y apoderados de la Compaa en el Per (Lima: En la
Imprenta de los Hurfanos, Ao 1811; a copy is in agi-Indif. gen., leg. 1623), 9.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 113
from Buenos Aires to neutral ports and return with cargoes of foreign
merchandise. But the directors of the Cinco Gremios rejected the proposal.
Hernndez Barruso then purchased part of the license granted by the
crown to the marqus de Bedmar, traveled to the United States, and worked
with one of the leading merchants of Boston, Thomas Handasyd Perkins,
to charter ships and purchase goods to be sold in Buenos Aires, Chile,
and Lima.
22
Four hundred tons of goods from the Bedmar license were to
be imported to Peru, and at least three shipsthe Washington, the Cordelia,
and the Carlota (which was owned by Perkins)sailed from Boston under
its terms. The Cordelias cargo alone consisted of 25 tons of merchandise
purchased for US$107,915.61, and included prohibited goods. The cargoes
of all three were consigned to Rico or to his young cousin, the lawyer
Gaspar Antonio de Osma, who was fronting for him.
23
As the principal agent for the notorious Caja de Consolidacin de vales
reales in Peru, Rico and the Cinco Gremios had a second opportunity to
profit from neutral trade.
24
Like the licensed neutral trade, the Consoli-
dacin was part of a scheme undertaken by a nearly bankrupt government
in Madrid to acquire as much American treasure as possible. Since 1780,
when the crown issued the first vales reales (bonds that also served as a
114 deconstructing legitimacy
22. Testimonios generales nos. 7a, 9a, and 9b, 4 May 1801, Expediente sobre el conducto, agi-
Lima, leg. 1620; Seores de la Sala Primera, 22 Apr. 1813, ahn-Madrid, Consejos suprimidos, leg.
21721; Jos Manuel Aparici to Martn de Garay, Madrid, 28 Jan. 1817, agi-Lima, leg. 1619; Rico,
Compendio de las tropelas, 5354. Bedmar (Antonio Mara de Acua y Prado) was owed 933,747
reales by the crown in compensation for the 1780 confiscation of Potoss Casa de Moneda, in
which Bedmars family owned the posts of ensayador and fundidor. He was licensed to import 600
tons of foreign goods to America, 500 tons of which were purchased by Hernndez Barruso:
Crown to Viceroy of Ro de la Plata, 8 July 1803, Documentos para la historia argentina, 7:21819,
32728. See also Thomas Handasyd Perkins Papers, bound vol. 36, Massachusetts Historical
Society, Boston; Avils residencia in ahn-Consejos suprimidos, leg. 21287.
23. Crown to Viceroy of Buenos Aires, 8 July 1803, Documentos para la historia argentina,
7:21819 (A fourth ship, the Protector, was also bound for Lima but was destroyed in a storm off
Cape Cod: Thomas Handasyd Perkins to James Gorham, Boston, 11 Oct. 1804, and Perkins to
Julin Hernndez Barruso, Boston, 14 Oct. 1804, Perkins Papers, bound vol. 36, mhs); Seores de
la Sala Primera, 22 Apr. 1813, ahn-Madrid, Consejos suprimidos, leg. 21721; Villalobos, Comer-
cio extranjero, 529. See also the account book of John Stoughton, Spanish consul in Boston from
1802 to 1809, entries dated 9 and 12 May 1804, certifying sundry documents for Ship Cordelia
expedition to Lima, and certifying to cargo measurement etc. for Sr. Barruso, n-yhs;
Declarations of Julin Hernndez Barruso, Boston, 7 and 8 May 1804, ahn-Madrid, Consejos
suprimidos, leg. 21287; Rico to Richard Codman, Lima, 7 Nov. 1804, and Villar de Fuente to Juez
comisionado, 9 Nov. 1804, in ahn-Consejos suprimidos, leg. 21287; Villar de Fuente to Viceroy, 11
Sept. 1804, Expediente sobre el conducto, agi-Lima, leg. 1620.
24. Informe: Contesta el diputado principal de la Junta Superior de Consolidacin, Lima, 8
Nov. 1806, agi-Lima, leg. 769; Rico and Diego Miguel Bravo de Rivero to Viceroy, 11 Nov. 1808,
agi-Lima, leg. 802; Gaspar Rico, Relacin de mritos y servicios, 23 Mar. 1824, agi-Lima, leg. 762.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 114
paper currency), government debt had escalated out of control.
25
The value
of the bonds fell, and, in order to prevent further weakening as well as
secure new loans, the crown was forced to redeem them, or at least keep
the interest payments up-to-date. In 1798, with Romes approval, the Caja
de amortizacin began the task by confiscating and auctioning off Church
property in Spain and cancelling loans made by ecclesiastical institutions
there. The proceeds were to be deposited in the Caja de Consolidacin de
vales reales, which undertook to pay the former owners 3 percent interest
on the principal. In December 1804, Church assets in Spanish America and
the Philippines were also subjected to confiscation. In Peru, as in Mexico,
those assets comprised primarily mortgages and other loans; the loans were
to be called in, with the principal repaid to the state instead of to the
lending institution.
26
Not only individuals such as landowners and merchants
were affected by the sudden withdrawal of the credit on which both trade
and agriculture depended. The consulado of Lima was also in debt to
ecclesiastical corporations and pious foundationseven to individual nuns
and monks.
27
When such loans were called, the consulados financial position
was compromised and a number of merchants were driven into bankruptcy.
Although most of the funds of obras pas in Peru were loaned to merchants,
landowners, too, were hard-hit.
28
Gaspar Rico had no mercy toward them
and their attempts to appeal the rulings of the local Junta de Consolidacin:
The lawyers who promote gratuitous lawsuits in order to obstruct the sacred
purposes of the King in the alienation of obras pas should be arrested and
punished by this junta when they deserve it, and the same should befall
any private person.
29
The Consolidacin also removed a large quantity of
sabotaging reform 115
25. Pedro Voltes Bou, Carlos III y su tiempo (Barcelona: Editorial Juventud, 1964), 149; Antonio
de P. Ortega Costa and Ana Mara Garca Osma, Noticia de Cabarrs y de su procesamiento
(Madrid: Ferreira, 1974), 4445; Modesto Lafuente, Historia general de Espaa desde los tiempos
primitivos hasta la muerte de Fernando VII (25 vols), vol. 18: Aos 18141822 (Barcelona: Montaner y
Simon, 1889), 47; Capella and Matilla Tascn, Los Cinco Gremios Mayores, 242; Reinhard Liehr,
Endeudamiento estatal y crdito privado: La consolidacin de vales reales en Hispanoamrica,
Anuario de Estudios Americanos 41 (1984): 558; Barbier, Peninsular Finance and Colonial Trade,
2137.
26. Liehr, Endeudamiento estatal y crdito privado, 560; Brian R. Hamnett, The
Appropriation of Mexican Church Wealth by the Spanish Bourbon Government: The
Consolidacin de Vales Reales, 18051809, JLAS 1 (1968): 91; Barbier, Peninsular Finance, 32;
Avils to Ministro de Hacienda, 23 Nov. 1805, agi-Lima, leg. 732.
27. Ordenacin de la cuenta del impuesto en la plata y oro que se cobran en la Tesorera del
Real Tribunal del Consulado de Lima correspondiente a los aos de 1779 y 1780, agi-Lima, leg.
1540. The consulado was granted the right to tax imports in order to pay interest on the loan.
28. Cabildos instructions to Jos Silva y Olave, 11 Oct. 1809, agi-Lima, leg. 802.
29. Rico to Dr. D. Francisco de Paula Paez, 6 June 1807, bnp-mss, Correspondencia.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 115
specie from Limas circulating capital: when it was abolished in 1808, 1,487,093
pesos had been collected, and the cabildo blamed it for the precipitous
drop in circulating specie.
30
At that time, the total commercial value of
Perus annual production . . . added up to only 8,745,815 pesos. This
wealth was supposed to support at least 5 million pesos worth of imports
annually and a further four to five million a year on government.
31
Article 9 of the royal decree establishing the Caja de amortizacin per-
mitted funds paid into the Caja to be invested while awaiting distribution
to the treasury or to the European bankers and merchant houses that had
provided the crown with emergency loans.
32
It was this provision that
authorized Manuel Sixto Espinosa, administrator of the Caja, to invest
Consolidacin funds in colonial commmerce in neutral ships sailing from
neutral ports both in Europe and the United States. Espinosa operated with
a great deal of secrecy and independence. Thus it is difficult to know exactly
how many commercial ventures were organized by the Consolidacin; nor can
we estimate the value of the cargoes it imported in neutral ships. But it is
known that some of the neutral ships trading to Callao between 1805 and 1809
were in fact either licensed by the Caja or ventures in which it hadan interest.
33
Part of the cargo of the Washington belonged to the Caja de Consolidacin.
In addition to carrying goods for the Rico/Hernndez Barruso venture,
the Washington was licensed to import dry goods valued at a minimum of
100,000 pesos, and consigned to the local Junta de Consolidacin, of which
Gaspar Rico was diputado principal.
34
The size of the shipments aboard
116 deconstructing legitimacy
30. Testimonio de los mritos y servicios de D. Diego Bravo de Rivero y Zavala, agi-Lima,
leg. 627-A; Cabildos instructions to Jos Silva y Olave, 11 Oct. 1809, agi-Lima, leg. 802.
Compare the Mexican Consolidacin, which collected at least 10.5 million pesos: Hamnett,
Appropriation of Mexican Church Wealth, 45. On 6 Nov. 1809, Rico also proposed creating
vales patriticas modeled on the vales reales, which would have transferred an additional 4 million
in specie to Spain to support the war effort: Consulta del consulado sobre el proyecto de D.
Gaspar Rico, 22 Dec. 1809, agnp-Hacienda colonial, leg. 1173.
31. Anna, Fall of the Royal Government, 14, where the author comments that Peru . . . was
living disastrously beyond its means.
32. Real decreto . . . en que se erige una Caja de Amortizacin con el obgeto de consolidar las
deudas del Estado, Aranjuez, 26 Feb. 1798, ahn-Hacienda, libro 8050, doc. 5707.
33. Carmen Parrn Salas, La dislocacin del comercio americano y las ltimas tentativas
normalizadoras, 18081818, JbLA 30 (1993): 154; Abascal to Ministro de Hacienda, 23 May 1808,
agi-Lima, leg. 736; Expediente formado con motivo de haver exigido el Consul General de
Lisboa D. Jos de Lugo cerca de 100,000 reales velln a D. Jos Ventura Montano, agi-Indif.
gen., leg. 2439; Barbier, Comercio neutral, 373; Barbier, Peninsular Finance, 3334.
34. Contrata de fletamiento de la fragata Americana nombrada el Washington, Madrid, 9 July
1805, agi-Buenos Aires, leg. 16; Informe: Contesta el diputado principal de la Junta Superior de
Consolidacin, Lima, 8 Nov. 1806, agi-Lima, leg. 769; Rico, Relacin de mritos, 23 Mar. 1824,
agi-Lima, leg. 762.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 116
the three ships out of Boston, whether owned by the Consolidacin, the
Cinco Gremios, or Rico, would have given Rico control over a significant
portion of Perus licensed imports. But thanks to Viceroy Gabriel de Avils
personal dislike of Rico and to the crowns dismay at the abuse of the
Bedmar license by Hernndez Barruso, Rico was prevented from taking
possession of the merchandise imported from Boston.
35
All three ships
and their cargoes were embargoed upon arrival in Callao, the Washington
on the grounds that the licenses owned by Bedmar had been annulled by
royal decrees of 20 June and 15 July 1805. The Cordelias cargo was said to have
been consigned to Rico personally and purchased with funds embezzled by
him from the Cinco Gremios, while the Carlotas was confiscated and sold
by the count of Villar de Fuente, who had been empowered to audit the
accounts of the Cinco Gremios in Lima.
36
Thus one threat from Rico to
the trade of both limeos and metropolitan merchants was averted. By the
time the ships arrived in Callao, however, Ricos adversaries had devised a
more effective strategy to reduce his abililty to dominate the Peruvian com-
mercial economy. Their strategy ended by ruining the Cinco Gremios
business in Peru, destroying its usefulness as an agent of reform.
THE ATTACK ON THE CINCO GREMIOS MAYORES
Neutral trade by the Cinco Gremios and the Caja de Consolidacin exacer-
bated conflict between Gaspar Rico and both the limeo and metropolitan
merchants in Lima, not least because the scale and character of Ricos
business demanded that he regularly remit large sums of money to the
peninsula. During the war of 17961802, both the metropolitan merchants
sabotaging reform 117
35. Seores de la Sala Primera, 22 Apr. 1813, ahn-Madrid, Consejos suprimidos, leg. 21721;
Rico to Francisco de Liao, 7 Apr. 1806, bnp-mss, Correspondencia; Rico to Miguel Cayetano
Soler, 8 Jan. and 23 Jan. 1804, agi-Lima, leg. 1357; Rico, Compendio de las tropelas, 7879;
Expediente promovido por haberse negado a la Compaa de los Cinco Gremios Mayores de
Madrid registrar 200,000 pesos en la fragata Dolores, Testimonio general no. 16, Expediente
sobre el conducto, agi-Lima, leg. 1620. See also Avils to Ministro de Hacienda, no. 359, 23 Sept.
1804, agi-Lima, leg. 1620.
36. Abascal to Ministro de Hacienda, 23 Dec. 1806, agi-Lima, leg. 734; Testimonio . . . de los
autos sobre arribo de la fragata General Washington, 24 May 18068 July 1808, agi-Lima, leg.
734; Seores de la Sala 1
a
, Supremo Tribunal de Justicia, Cdiz, 25 Jan. and 22 Apr. 1813, ahn-
Consejos suprimidos, leg. 21721; Informe de mesa, Madrid, 1 June 1805, agi-Indif. gen., leg. 1623;
Rico, Compendio de las tropelas, 2023; Real orden explicando las concesiones otorgadas al
Marqus de Bedmar, 31 Mar. 1806, Documentos para la historia argentina, 7:32728. Parrn Salas,
Reformas borbnicas, 44046, discusses the fraudulent practices associated with the Bedmar
license, notably by Hernndez Barruso. See also Villalobos, Comercio extranjero, 52930. For
more on the Cordelia, see the two expedientes in ahn-Consejos suprimidos, leg. 21287.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 117
and the Cinco Gremios found it difficult to remit funds to their penin-
sular correspondents, and large sums had accumulated in Lima. In accord
with a royal order of 1786, however, the amount of specie that could be
carried aboard a warship or merchantman bound for Spain was strictly
limited.
37
Thus merchants were clamoring for licenses to embark specie
for Cdiz, still the principal port for the American trade. In July 1803,
Rico insisted on his right to register 200,000 pesos aboard the Dolores,
which was licensed to carry a total of 750,000 pesos belonging to the
entire merchant community. The Cinco Gremios had secured a royal order
instructing the viceroy to grant the company preference in the registration
of funds aboard ships bound for the peninsula; Rico therefore assumed that
he could remit as much as he pleased to the exclusion of other merchants.
The consulado protested, demanding that the interests of the majority of
Atlantic-trade merchants not be set aside in favor of the Cinco Gremios,
which reportedly had on hand some 800,000 pesos to be remitted to
Madrid.
38
Ricos aggressive defense of Cinco Gremios interest in this case
infuriated metropolitan merchants resident in Lima, prompting them to
join forces with limeos who were also angry at Rico.
Rico himself was perceived as posing the most serious threat to the
interests of other merchants in Lima. Prior to 1800, the Cinco Gremios
activities might have been considered a normal extension of the trade of a
large and powerful peninsular commercial house, but with Ricos return to
Lima the Cinco Gremios business had taken a new and ominous turn.
The limeo merchants and some of their metropolitan rivals saw in Rico a
man whose ambitions encompassed not only domination of Perus import
trade but also its internal trade and the trade in exportable efectos del pas.
Their assessment was correct. In a letter to the directors in Madrid, Rico
made it clear that he had no intention of limiting the activities of the Cinco
Gremios to the importation of woolen cloth produced by royal factories in
Spain, as called for by the Cinco Gremios charter.
39
His was a grander vision:
118 deconstructing legitimacy
37. Real orden, Aranjuez, 22 Apr. 1786, agnp-Hacienda colonial, leg. 900.
38. Avils to Ministro de Hacienda, 6 July 1803, agi-Indif. gen., leg. 1623; Rico to Avils, 8
July 1803, agi-Lima, leg. 1620; Expediente promovido por haberse negado a la Compaa de los
Cinco Gremios Mayores de Madrid registrar 200,000 pesos en la fragata Dolores, Testimonio
general no. 16, Expediente sobre el conducto, agi-Lima, leg. 1620. In 1800, the diputados directores
of the Cinco Gremios estimated that they had some 400 million reales detained in Peru: Informe
de mesa, 2 June 1800, agi-Indif. gen., leg. 1623.
39. Ordenanza 7, Real cdula aprobando las ordenanzas con que se han de gobernar los Cinco
Gremios Mayores, 19 Sept. 1783, ahn-Hacienda, Libro 8034, 382v. Agents of the Cinco Gremios
were explicitly forbidden to trade in foreign cloth.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 118
Middle America, South America, the coasts of Africa and of
Asia . . . contain numerous and interesting commodities offering
opportunities for the progressive investment of the present and
future capital of the Gremios. No one would deny this calcula-
tion. Why, then, are they not employed to our own benefit, and
by extension, to that of the entire nation? . . . I insist that cloth is
a useful business as a means to develop other more important
ones, not as the end of mercantile ventures. Although it might be
convenient for the company to refrain from sending manufactures,
it will never be convenient to abstain from trade in colonial products
nor to absent ourselves from trade among all the colonies.
40
Besides participating in the Atlantic trade both in imports and exports,
Rico was proposing that the Cinco Gremios compete with limeo mer-
chants in the Pacific carrying trade, the richest branch of which was the
trade with Chile based on the sugar-wheat exchange.
Like other merchants in Lima, Ramn Cavallero, a former factor of
the Cinco Gremios, believed that Rico was overreaching. As Cavallero put
it, the Cinco Gremios could not expect to make a large profit from Peru
because the trade of this country is modest, and Rico and others want to
make it gigantic by force, which it will never be.
41
Ricos principals in
Madrid were equally wary of grandiose new schemes. Rico had been
instructed by them to limit his ventures to those that had proven safe, in
order not to risk [the companys] capital and credit by investing in ques-
tionable enterprises in which it had never before engaged.
42
According to the terms of his contract, Ricos primary job on arrival in
Peru was to collect the debts (said to be 3 million pesos at the end of 1802)
owed to the Cinco Gremios in Peru; only when accounts had been cleared
was he authorized to embark on new ventures.
43
It had always been diffi-
sabotaging reform 119
40. Rico to Directors, 23 May 1804, Testimonio general no. 29, Expediente sobre el conducto,
agi-Lima, leg. 1620.
41. Cavallero to Gregorio Santibaez, 31 Mar. 1803, agi-Lima, leg. 1620. Santibaez was one
of the directors of the Cinco Gremios Mayores de Madrid.
42. Report of Diputados directores to Crown, 25 Mar. 1805, agi-Indif. gen., leg. 1623.
43. Instructions on liquidating accounts issued to Rico, Antonio Ortiz de Taranco, and Josef
Garca de Santiago, by Diputados directores, Cinco Gremios Mayores, Madrid, 6 May 1800,
Testimonio general no. 1, and Confidential instructions of 11 Aug. 1800, Testimonio general no. 2,
Expediente sobre el conducto, agi-Lima, leg. 1620; Rico and Taranco to Diputados directores, 23
Dec. 1802, agi-Lima, leg. 1620; Rico and Taranco to Villar de Fuente, 17 July 1804, Testimonio
general no. 33, Expediente sobre el conducto, agi-Lima, leg. 1620; Report of Diputados directores
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 119
cult to collect commercial debt in Peru, but at the beginning of the century
the viceroyaltys weak economy made it all but impossible. Rico claimed
that some of his ventures were undertaken with a view to improving the
chances that debters could clear their accounts. This was common practice;
as Viceroy Abascal later put it, merchants assume that debt collection is
rarely achieved without entering into new ventures with the debtors.
44
Thus Rico proposed that the Cinco Gremios supply mercury to Peruvian
miners and participate in the lucrative trade in mules (in which Villar de
Fuente was heavily engaged); both enterprises, he argued, would increase
silver production, which would in turn permit miners to pay their debts.
In 1812, auditors estimated that Rico had entered into new business ventures
with the companys debtors that were worth almost 4 million pesos.
45
Other ventures were apparently more attuned to increasing the short-
term profits that could be extracted from Peru, and Rico lost no time in
organizing them. In Arequipa, on his way to Lima in 1801, he signed two
contracts, one to purchase tin for sale in Lima or Europe, and one to ship
a large quantity of sugar to Chile with instructions to undersell the market
there in order to assure a prompt profit of 25,000 pesos. After arriving in
Lima, he vigorously opposed the consulados lawsuit that had so far pre-
vented the Cinco Gremios from establishing the provincial factoras long
envisioned; the interest of Peruvian commerce in general, he wrote, is
not the same as that of a few merchants of Lima. He signed contracts to
import slaves to Peru in direct competition with the Filipinas Company,
120 deconstructing legitimacy
to Crown, Madrid, 25 Mar. 1805, agi-Indif. gen., leg. 1623. Note that in 1812 auditors believed
that 1,259,457 pesos were owed to the Cinco Gremios at the beginning of Ricos tenure: Abascal
to Ministro de Hacienda, no. 683, 31 July 1812, agi-Lima, leg. 743. Some of this debt dated from
1747: Juan Manuel Vaos and Isidoro del Castillo to Crown, 27 Aug. 1778, agi-Indif. gen., leg.
1622.
44. Abascal to Ministro de Hacienda, no. 523, 8 Mar. 1811, agi-Indif. gen., leg. 1623. See also
Ricos correspondence with Francisco de Liao, a miner of Lauricocha, 7 Feb. 1802, bnp-mss,
Correspondencia. The diputados directores in Madrid had remarked on the difficulty of debt
collection in 1796: Rico, Compendio de las tropelas, 6970, 84. For the difficulty of debt collection
encountered by other powerful merchants, see Jos Matas de Elizalde to Gregorio Xavier
Espinosa de los Monteros, 5 June 1792, and Elizalde to Jos Prez de Armendariz, 10 Jan. 1818,
bnp-mss, Correspondencia; and Dager Alva, Noble y comerciante, 72 and n. 43, 78.
45. Cavallero to Santibez, 31 Mar. 1803, Testimonio general no. 25; Rico and Taranco to
Villar de Fuente, 19 July 1804, Testimonio general no. 33, both in Expediente sobre el conducto,
agi-Lima, leg. 1620; Testimonio del expediente formado sobre el estado en que se halla la Casa
Factora de los Cinco Gremios Mayores de Madrid en Lima . . . hasta 8 de julio de 1812, agi-
Lima, leg. 743.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 120
and to export cacao from Guayaquil and hides from Buenos Aires.
46
He
also intended to use the funds of the Cinco Gremios in banking, accepting
deposits from other merchants and men like Jos Bernardo de Tagle, marqus
de Torre Tagle, who did not engage directly or openly in trade, establishing
bancos de rescate (where bullion was exchanged for coin) in the mining
centers, posting bonds for bureaucrats,
47
and loaning money to his friends
and to the owners of a variety of small enterprises.
48
Rico invested money for
clients who included some of the most powerful men in the viceroyalty,
49
and proposed other ventures such as a whaling company and a plan to revive
sabotaging reform 121
46. Rico to Diputados directores, Cinco Gremios Mayores, 8 May 1804; Mazo and Cavallero
to Rico, Garca, and Taranco, 29 Apr. 1801, Testimonio general no. 10; Rico and Taranco to
Diputados directores, 10 Oct. 1801, Testimonio general no. 11, all in Expediente sobre el conducto,
agi-Lima, leg. 1620; Rico and Taranco to Avils, 24 Feb. 1803, agi-Lima, leg. 726; Rico and
Taranco to Diputados directores, 23 June 1804, agi-Lima, leg. 1620; Testimonio del informe que
el cabildo y consulado de la ciudad de Lima dieron al expediente seguido sobre la implantacin
de Casas-Factoras en Arequipa, Cuzco, y dems lugares interiores del Reyno, considerados
perjudicial al comercio del Per, 1792, agnp-Consulado, leg. 151; Testimonio general no. 17,
Expediente sobre el conducto, agi-Lima, leg. 1620. Ricos partner in the slave-trading venture
was the count of Premio Real, and the contract permitted trade to and from neutral ports in
neutral ships. On the Filipinas Companys slave trading, which permitted them to use British
ships, see ndice de las reales rdenes, 2 June 1787, agi-Lima, leg. 639.
47. Parrn Salas, Reformas borbnicas, 336 and n. 147. Outstanding among those who deposited
funds with the Cinco Gremios in Lima was the marqus de Zelada de la Fuente, who deposited
214,000 pesos at 5 percent interest: Testimonio del expediente formado sobre el estado en que se
halla la Casa Factora de los Cinco Gremios Mayores . . . en Lima, 8 July 1812, agi-Lima, leg. 743;
Vicente Morales y Durez to Directors, Cinco Gremios Mayores, 26 Apr. 1803, Testimonio general
no. 24a, Expediente sobre el conducto, agi-Lima, leg. 1620. Gaspar Ricos name appears on
numerous lists of guarantors who posted bonds for bureaucrats; see, for example, the list of
guarantors for Domingo de Las Casas, comptroller for the treasury in Lima, in agi-Lima, leg.
627-B.
48. Examples occur throughout agi-Lima, leg. 1620, but see especially Morales y Durez to
Diputados directores, 30 Mar. 1803, Testimonio general no. 22, Expediente sobre el conducto,
where Rico was said to have loaned 21,814 pesos to the owners of a bread and candle business;
Villar de Fuente to Diputados directores, 9 Aug. 1804, Testimonio general no. 45; and Villar de
Fuente to Avils, 7 Sept. 1804, agi-Lima, leg. 1620; Report of the Diputados directores to Crown,
25 Mar. 1805, agi-Lima, Indif. gen., leg. 1623.
49. Viceroy Avils to Ministro de Hacienda, 23 Sept. 1804, agi-Lima, leg. 1620; Baqujano to
Diputados directores, 26 Apr. 1803, Testimonio general no. 24b, Expediente sobre el conducto,
agi-Lima, leg. 1620; Villar de Fuente to Diputados directores, 8 July 1804, agi-Lima, leg. 1620;
Morales y Durez to Diputados directores, 26 Apr. 1803, Testimonio general no. 24a, Expediente
sobre el conducto, agi-Lima, leg. 1620. Note that the Cinco Gremios was operating as a
privileged joint-stock company in which bureaucrats and landowners held shares: Vicens Vives,
Economic History of Spain, 565. For the terms governing joint ventures with the Cinco Gremios,
see Ordenanza 12: De las compaas, Real cdula aprobando las ordenanzas con que se han de
gobernar los Cinco Gremios Mayores, 19 Sept. 1783, ahn-Hacienda, Libro 8034, 386v391v. For
names of other people who dealt with the Cinco Gremios in Peru, see Testimonio del expediente
formado sobre el estado en que se halla la Casa Factora de los Cinco Gremios . . . en Lima, 8
July 1812, agi-Lima, leg. 743.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 121
production of mercury at Huancavelica.
50
Understandably, Ricos multi-
farious activities led to a complaint that almost no project presents itself
which [the Cinco Gremios] does not ensnare.
51
The limeos and their allies had yet another grievance. By royal order,
jurisdiction over commercial disputes involving the Cinco Gremios had
been removed from the consulado and vested in a tribunal privativo of the
Audiencia, in part because of fears that the consulado would be dilatory in
enforcing debt collection.
52
Rico was accused of subborning the judges of
the Audiencia, especially the oidor decano, Manuel Garca de la Plata, who
was the Cinco Gremios juez privativo: Rico had loaned him 50,000 pesos,
enabling him to buy an hacienda. Rico also managed the investments of
the oidor Fernando Quadrado, whose account with the Cinco Gremios was
important enough to require maintaining a separate book. Moreover, Rico
was engaged to the daughter of Manuel de Herrera, yet another judge of the
Audiencia. In 1805 Ricos cousin, Gaspar Antonio de Osma, was appointed
alcalde del crimen of the Lima Audiencia. According to Avils, Osmas
appointment astonished the city because he was very young (a mere thirty
years old) and had been wandering around Lima for five years with no
known occupation, supported by Rico. Finally, Rico was a close friend of Jos
de Arriz y Uceda, the crowns attorney in the viceregal treasury.
53
Thus it
seemed unlikely that either the government or a competing merchant
could win a case against Rico or the Cinco Gremios.
122 deconstructing legitimacy
50. Rico to Sres. de la Junta de govierno de los Cinco Gremios Mayores, 23 May 1804,
Testimonio general no. 29, Expediente sobre el conducto, agi-Lima, leg. 1620; Rico et al. to Real
Tribunal del Consulado, 22 Jan. 1812, cdip-Tomo VII: La Marina, 17801822, ed. Julio J. Elas, 3
vols. (Lima: Comisin Nacional del Sesquicentenario de la Independencia del Per, 1972), 1:453.
51. Morales y Durez to Diputados directores, 30 Mar. 1803, Testimonio gen. no. 22,
Expediente sobre el conducto, agi-Lima, leg. 1620. See also Rico and Taranco to Villar de
Fuente, 19 July 1804, Testimonio gen. no. 33, Expediente sobre el conducto, agi-Lima, leg. 1620.
Similar complaints about the Cinco Gremios operations in Spain had been voiced in the early
1770s: see the Breve respuesta a la pregunta de quales son y en que consisten los perjuicios que a
el pblico y monarcha ocasionan en su giro y gobierno la Cia. de los Cinco Gremios Mayores de
Madrid, y las que de ella se deriban, ahn-Estado, leg. 3182, no. 158.
52. Diputados directores, Cinco Gremios Mayores, to Crown, 2 June 1800, agi-Indif. gen.,
leg. 1623; Real orden, San Ildefonso, 7 Aug. 1800, Testimonio no. 6b, Expediente sobre el
conducto, agi-Lima, leg. 1620. The consulados protest is in a petition to Crown, 4 Feb. 1803,
agi-Lima, leg. 1549. In Spain, disputes involving members of the Cinco Gremios were to be
heard exclusively by the Junta general de comercio y moneda, which amounted to granting the
company a special court: Real cdula de su Magestad de 19 Sept. 1783 aprobando las ordenanzas,
ahn-Madrid, Hacienda, Libro 8034, 338338v.
53. Avils to Ministro de Hacienda, no. 359, 23 Sept. 1804, agi-Lima, leg. 1620; Avils to
Crown, 23 Sept. 1805, agi-Indif. gen., leg. 1623 (Ricos predecessors, Cavallero and Mazo, were
also accused of payoffs to judges: Villar de Fuente to Diputados directores, 9 Aug. 1804, Testimonio
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 122
In response to the escalating threat posed by Rico, the limeos, together
with their allies associated with the Real Compaa de Filipinas, mounted
a successful campaign to destroy the Cinco Gremios in Peru. From its murky
beginnings at a gambling party, where Rico bragged that he had bet
money belonging to the Cinco Gremios, the campaign developed into a
highly politicized dispute in which the interests of the Cinco Gremios were
set against those of the Filipinas Company and a number of merchants,
both limeo and metropolitan, who were matriculated in the consulado.
Because Ricos activities had strayed so far from standard Atlantic-trade
precedents, his enemies were able to develop charges that Rico had misused
the funds entrusted to him by the Cinco Gremios.
54
The astute recognition
by his adversaries that, by attacking Rico, they could bring about an end
to what they perceived as unfair competition from the Cinco Gremios
proved effective where appeals to the crown had failed.
As it happened, conflict among the directors of the Cinco Gremios in
Madrid had a part to play in the success of the limeo campaign. Some of
the directors had opposed Ricos appointment to the Lima factora in
1800, and Rico identified their continuing opposition as the first element
in the plot against him.
55
They proved all too ready to believe accusations
sabotaging reform 123
general no. 46, Expediente sobre el conducto, agi-Lima, leg. 1620); Avils to Ministro de
Hacienda, no. 359, 23 Sept. 1804, agi-Lima, leg. 1620; Avils to Crown, 23 Sept. 1805, agi-Indif.
gen., leg. 1623; Villar de Fuente to Diputados directores, 9 Aug. 1804, and Avils to Ministro de
Hacienda, 23 Sept. 1804, agi-Lima, leg. 1620; Avils to Samper, 8 July 1806, agi-Cuzco, leg. 29;
Informe de mesa, Aranjuez, 14 May 1807, summarizing Avils letter of 8 July 1806, agi-Cuzco
29; Informe de mesa, Aranjuez, 14 May 1807, summarizing Avils letter of 8 July 1806, agi-
Cuzco, leg. 29; Guillermo Lohmann Villena, Los ministros de la Audiencia de Lima, 17001821
(Sevilla: Escuela de Estudios Hispano-Americanos, 1974) lxxxix, 54, 9192; Archivo General de
Simancas, Catlogo XX, 522; Avils to Godoy, 8 July 1806, agi-Cuzco, leg. 29. Rico married Mara
Josefa de Herrera y Rodado on 1 May 1808: Ricos mother was Mara Josefa Angulo Tricio y
Querejaz; Osmas mother was Mara Valvanera de Tricio Rico y Querejaz. Both Rico and
Osma were born in Nalda, Logroo.
54. Morales y Durez to the Audiencia de Lima, 13 Nov. 1802, Testimonio general no. 21e, and
Ricos account of the gambling party, undated, Testimonio general no. 30, both in Expediente
sobre el conducto, agi-Lima, leg. 1620; Avils to Ministro de Hacienda, no. 359, 23 Sept. 1804,
agi-Lima, leg. 1620; Report of Diputados directores to Crown, Madrid, 25 Mar. 1805, agi-Indif.
gen., leg. 1623; Morales y Durez to Diputados directores, 30 Mar. 1803, agi-Lima, leg. 1620. See
also Villar de Fuente to Diputados directores, 9 Aug. 1804, Testimonio general no. 46, Expediente
sobre el conducto, agi-Lima, leg. 1620. For a foreigners assessment of the limeo passion for
gambling, see John Miller, Memoirs of General Miller, in the Service of the Republic of Peru, 2nd ed.,
2 vols. (London: Longman, Rees, Orme, Brown, & Green, 1829), 1:4025.
55. Rico to Crown, 13 Apr. 1805, agi-Lima, leg. 1620; Exposicin . . . de Rico y Taranco, 13 Jan.
1810, and Consulta del Consejo, Cdiz, 13 Jan. 1812, agi-Indif. gen., leg. 1623. Rico and Tarancos
declaration to the public of Lima, dated 26 June 1804, also asserted that their problems derived
from factional strife among the directors in Madrid, and dated from the time before they arrived
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 123
of malfeasance leveled against him, first in an anonymous letter, then in
others signed by the limeos Vicente Morales y Durez and Jos Baqu-
jano y Carrillo, and by Ricos peninsular-born predecessor Ramn Cavallero.
In the early stages of the campaign, Morales y Durez took the lead, pep-
pering the directors in Madrid with letters accusing Rico of perjury and
misconduct. Morales y Durez, who later distinguished himself as Perus
deputy and president of Cortes in Cdiz, was a lawyer then serving as a
professor in the University of San Marcos.
56
At the gambling party (held
in the home of Baqujanos sister to celebrate Joss recent return to Lima
with an appointment to the Audiencia
57
), Rico accused Morales y Durez
of being a compulsive gambler who failed to pay his debts, including a
sum owed to the Cinco Gremios.
58
According to Rico, the issue of debt
collection was the second element in the plot against him, not least because
he demanded that Cavallero liquidate his accounts immediately, which he
was apparently unable to do. Rico accused Baqujano of helping Cavallero
evade his responsibility, and of having formed a gambling company with
124 deconstructing legitimacy
in Peru: Testimonio general no. 34, Expediente sobre el conducto, agi-Lima, leg. 1620. Rico
believed that his enemies in Madrid were motivated by the desire to place their own relatives in
Lima: Rico, Compendio de las tropelas, 31. In the Expediente and the later Compendio de las
tropelas, he named the directors Jos Lpez Salcs, Enrique Sta. Mara, Pedro Antonio Ursegua,
and Juan Josef Santibaez as his enemies, and alleged that this faction had secured the patronage
of Miguel Cayetano Soler, Ministro de hacienda. Santibaez was the cousin of one of Ricos
predecessors in Lima, Ramn Cavallero: Juan Estevan de Tricio (Ricos uncle and apoderado) to
Crown, Madrid, 13 Apr. 1805, Expediente sobre el conducto, agi-Lima, leg. 1620. In their report
to the crown of 25 Mar. 1805, agi-Indif. gen., leg. 1623, the Diputados directores discussed eighteen
charges of misconduct against Rico, insisting that opposition to him had nothing to do with
factional strife among them.
56. Morales y Durez testimony, Audiencia de Lima, 13 Nov. 1802, Testimonio general no. 21e,
Expediente sobre el conducto, agi-Lima, leg. 1620; Luis Alayza y Paz Soldn, La constitucin de
Cdiz: El egregio limeo Morales y Durez (Lima: Talleres Grficos de la Editorial Lumen, 1946);
and Rafael M. Labra y Martnez, Los presidentes americanos de las Cortes de Cdiz (Cdiz:
Imprenta Manuel Alvarez, 1912).
57. Morales to Diputados directores, 1 July and 18 Dec. 1802, agi-Lima, leg. 1620; Burkholder,
Politics of a Colonial Career, 92121; Miralla, Breve descripcin de las fiestas. Rico had not been
among the guests invited to remain after the reception to participate in the gambling; he crashed
that party.
58. Rico showed the viceroy evidence to that effect but refused to specify either the amount or
the provenance of the debt: Rico to Junta de gobierno, Cinco Gremios, 23 May 1804; Morales y
Durez to Francisco Javier Moreno y Escandon (a judge of the Lima Audiencia), 23 Nov. 1802,
and the testimony of Gavino Ganza before Moreno, 23 Nov. 1802, all in Expediente sobre el
conducto, agi-Lima, leg. 1620. Ganza did not believe Ricos allegations; on the contrary, he
testified that he was personally acquainted with [Morales y Durez] long-standing reputation
for honor and legality in financial matters.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 124
Morales y Durez, whom he was also protecting.
59
Thus when Rico set sail
for Spain aboard the Aurora in April 1803, Baqujano believed that one of the
principal objects of his voyage was to denounce him at court. He responded
by dispatching information about Ricos conduct to Manuel Entrambasa-
guas, one of the directors of the Cinco Gremios. Although Baqujano was
soon persuaded to admit that his opinion of Rico was ill-founded, and claimed
to have withdrawn his letter of denunciation, his retraction, unlike Cavalleros,
was at best ambiguous.
60
When Rico set sail for Cdiz aboard the Aurora, both Baqujano and
his friend Vicente Morales y Durez were convinced that he was fleeing
prosecution for his part in the gambling affair, which was then before the
Audiencia. But there was much more involved. Just prior to his departure,
Rico had forwarded to Viceroy Avils a copy of a royal order demanding
that opposition to the Cinco Gremios provincial factoras cease. More
ominously, all cases putatively involving comercio libre (to which the Cinco
Gremios appealed whenever threatened by local opposition to their trade
61
)
were henceforth to be referred directly to the crown.
62
Rico was thus seen
sabotaging reform 125
59. Rico to Sres. de la Junta de govierno, 23 May 1804, Testimonio general no. 29; Rico and
Taranco to Villar de Fuente, Lima, 17 July 1804, and Rico to Crown por poder ( Juan Estevan de
Tricio), Madrid, 13 Apr. 1805, all in Expediente sobre el conducto, agi-Lima, leg. 1620. See also
Villar de Fuente to Diputados directores, 9 Aug. 1804, Testimonio general no. 46, Expediente
sobre el conducto, agi-Lima, leg. 1620, where he reports that both Cavallero and Mazo, the
former factors, owed the company large sums; and Rico to Crown, 13 Apr. 1805, agi-Lima, leg.
1620, where he alludes to Mazo and Cavalleros . . . interest in obstructing Ricos commission to
liquidate their accounts. On the problems of debt collection, see Rico, Compendio de las tropelas,
6970, 84.
60. Baqujano to Jos Bernardo de Tagle, 13 Apr. 1804; Cavalleros statement and the
correspondence of Rico, Baqujano, and Tagle, all in Testimonio general no. 30, Expediente sobre
el conducto, agi-Lima, leg. 1620. Baqujanos written retraction was dated 13 Apr. 1804 and was
addressed not to Rico but to Tagle; Cavalleros was dated 19 May 1804 and was orally delivered.
Baqujano remained an enemy of Rico until his death in Sevilla in 1817: Baqujano to Tagle, 13
Apr. 1804, Testimonio no. 30, Expediente sobre el conducto, agi-Lima, leg. 1620; Rico to Tagle,
Madrid, 4 Feb. 1817, amoz. Tagle inherited the title of marqus de Torre Tagle in 1801.
61. See, for example, Diputados directores to Crown, Madrid, 2 June 1800, agi-Indif. gen.,
leg. 1623, where they call attention to local authorities efforts to restrict their freedom to trade;
Rico and Taranco to Viceroy, 24 Feb. 1803, agi-Lima, leg. 726; and Ricos allegation that rival
merchants sought to destroy the Cinco Gremios in Peru in order to raise up their greed and
monopolies on its ruins: Rico, Compendio de las tropelas, 41. For an example of Ricos use of free
trade to justify his commercial adventures, see Rico to Diputados directores, 23 May 1804, agi-
Lima, leg. 1620, and Rico to Villar de Fuente, 19 July 1804, Testimonio general no. 33, Expediente
sobre el conducto, agi-Lima, leg. 1620. According to Eugenio Larruga in his 1789 Memorias
polticas y econmicas, this use of the idea of libertad was fundamental to the Cinco Gremios
operations in Spain as well: Capella and Matilla Tascn, Cinco Gremios Mayores, 37071.
62. Rico and Taranco to Avils, 24 Feb. 1803, agi-Lima, leg. 726.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 125
as having gained a free hand to do as he pleased without regard to estab-
lished commercial practice or, indeed, to instructions from his principals
in Madrid. Therefore, according to Morales y Durez, the Lima public was
scandalized and even enraged by Ricos embarcation for the peninsula,
where it was assumed that he would succeed in mobilizing the directors
support for his ventures and win more concessions from the crown.
Morales y Durez attributed the anger at Rico then roiling Lima to two
facts well disseminated in this city and outside of it. The first is the number
of projects that Rico has claimed to be promoting under the aegis of the
directors [of the Cinco Gremios], alarming the public and prompting it
to voice impassioned objections to Ricos pernicious plans. The second
fact was the allegation that he had taken with him on board the Aurora
a very large sum of money belonging to the company . . . which, according
to estimates, is no less than 200,000 pesos. Of that sum, Morales y Durez
alleged that 111,560 pesos were registered in the names of Josef Corts and
Jacinto Agero, two discredited and bankrupt merchants associated with
Rico. Morales y Durez then went on to describe occasions in the past
when Rico and his patron, Fernando del Mazo, had foolishly invested the
companys money in hare-brained schemes. It was all part of a plan,
Morales y Durez insisted, to enrich themselves and their friends at com-
pany expense by trading on their own account with company money, a
practice strictly forbidden by the companys charter.
63
Although Morales y Durez did not state it plainly, the clear implication
of his accusations was that Rico had stolen money from the Cinco Gremios.
And that is how Juan Antonio Martnez de Salazar, the agent for the
Cinco Gremios in Cdiz, understood the situation after reading the letters
from Morales y Durez and Baqujano. On the pretext of projects useful
to the company in general, he wrote to the consulado of Cdiz, Rico has
attempted to abandon that office and return to Spain . . . but the real
motive or purpose of his sudden decision consists in the idea of escaping
126 deconstructing legitimacy
63. Morales y Durez to Sres. de la Junta directiva, 26 Apr. 1803, Testimonio general no. 24a,
and Villar de Fuente to Diputados directores, 9 Aug. 1804, Testimonio general no. 46, both in
Expediente sobre el conducto, agi-Lima, leg. 1620; Parrn Salas, Reformas borbnicas, 444 and n.
87. Both Corts and Agero testified that the funds registered in their names belonged to them:
Corts and Agero, 6f Sept. 1804, Testimonio general no. 47, Expediente sobre el conducto, agi-
Lima, leg. 1620. The register of the Aurora is in agi-Lima, leg. 726, and it confirms Morales y
Durez allegation of sums registered ostensibly by Corts and Agero. It also shows that Rico
registered 19,198 pounds of cacao belonging to Gabriel Garca Gmez of Guayaquil, consigned to
the Cinco Gremios in Cdiz, as well as specie and table silver for his own use on the trip. See
also Report of Diputados directores to Crown, 25 Mar. 1805, agi-Indif. gen., leg. 1623.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 126
censure of his operations and of his abuse of large amounts of money
belonging to the Cinco Gremios. Martnez de Salazar then asked that
the funds registered aboard the Aurora be embargoed, along with the ship-
ments of tin and Peruvian bark registered in the name of Agero.
64
But Rico never reached Spain. The Aurora began shipping water, and
was forced to return to Callao, where Rico was once again at the mercy of
his adversaries in Lima.
65
The letters denouncing him, however, found their
way to the directors of the Cinco Gremios who, while claiming to discount
them (a witness who retracts his original assertions, in the eyes of the law
is not to be believed in the first or the last instance), nevertheless sought
and found other evidence supporting the charges.
66
On 28 January 1804,
they petitioned the crown for Ricos removal from the management of the
companys affairs in Lima, naming merchants resident in Lima as inter-
ventors. By 4 February, their petition had been granted, and a royal order
had been dispatched to Avils instructing him to do everything in his
power to see that Rico and his associate, Antonio Ortiz de Taranco, were
made to account for every peso of the companys money.
67
From the point of view of the limeos, two of the interventors named
by the directors of the Cinco Gremios could not have been better chosen.
sabotaging reform 127
64. Juan Antonio Martinez de Salazar to the Real Tribunal del Consulado de Cdiz, 12 Jan.
1804, Expediente sobre el conducto, agi-Lima, leg. 1620. Rico was incensed at the speed with
which the such damaging rumors spread, both in Lima and Spain: Rico to Diputados
directores, 8 May 1804, Testimonio general no. 27, Expediente sobre el conducto, agi-Lima, leg.
1620. On the information about the Cinco Gremios Peruvian operations made public by the
interventors, see the Informe de mesa, Madrid, 10 Feb. 1805, agi-Indif. gen., leg. 1623.
65. Taranco to Diputados directores, 23 May 1803, Testimonio general no. 20; Ricos deposi-
tion, Apr. 1804, Testimonio general no. 30; and Rico to Diputados Directores, 8 May 1804,
Testimonio general no. 27, all in Expediente sobre el conducto, agi-Lima, leg. 1620; Report of
the Diputados directores to Crown, 25 Mar. 1805, agi-Indif. gen., leg. 1623.
66. Informe de mesa, Madrid, 7 May 1805, agi-Indif. gen., leg. 1623. Exactly what the evidence
against Rico was is not known, but Parrn Salas, Reformas borbnicas, 44546, is probably correct
in linking it to the Hernndez Barruso affair.
67. Soler to Diputados directores, Aranjuez, 4 Feb. 1804, Testimonio general no. 26, Expe-
diente sobre el conducto, agi-Lima, leg. 1620. Note that Taranco attempted to dissociate himself
from Rico and the intervention even though letters directed to the Diputados directores in Madrid
continued to be issued in both Ricos and Tarancos names. The informe de mesa in Solers
ministry, to which the Diputados directores applied to establish the intervention, declared flatly
that Rico was the sole object of investigation and that he had misused his partners name: Taranco
to Rico, 7 Aug. 1804, Testimonio general no. 41, and Taranco to Junta de gobierno, ca. 8 Aug.
1804, Testimonio general no. 42, both in Expediente sobre el conducto, agi-Lima, leg. 1620; Informe
de mesa, 10 Feb. 1805, agi-Indif. gen., leg. 1623. See also Villar de Fuente to Diputados directores,
9 Aug. 1804, Testimonio general no. 45, agi-Lima, leg. 1620, where the count comments that
working with Taranco alone, he could have audited the books much more quickly and efficiently.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 127
In fact, the directors may have believed that they were naming a single
person: until the death of his wife in 1801, Josef Gonzlez Gutirrez, the
principal agent of the Filipinas Company in Lima,
68
had been both count
of Fuente Gonzlez and count of Villar de Fuente. The latter title then
passed to his limeo son, Jos Manuel Gonzlez de la Fuente who,
because Villar de Fuente had been mentioned first by the directors of the
Cinco Gremios, was taken to be the principal interventor.
69
The third inter-
ventor was Silvestre de Amenabar, a peninsular-born merchant whose family
in Spain was associated with the Cinco Gremios Mayores; he was effec-
tively excluded from participation in the intervention by the two counts.
70
Thus agents of the Filipinas Company found themselves in the enviable
position of being able to decide the fate of the Cinco Gremios in Peru,
and their limeo allies were content to leave them to it. Unlike the factors
sent out by the Cinco Gremios, the Filipinas agents were well integrated
into limeo society. As Vicente Morales y Durez described the contrast
between the two companies:
The Filipinas Company, established here at almost the same time
[as the Cinco Gremios], has followed a different system, and their
results have in fact been different. There have been no scandals,
their business has been conducted differently, and the state of their
accounts reflects it. The variation derives from the different plan
by which their agents were named, choosing them from among
men already experienced in this country, with their fortunes made
and of good reputation.
71
128 deconstructing legitimacy
68. Isidro de Abarca y Gutirrez de Cosso, count of San Isidro, had been the principal agent
for the Filipinas company in Lima until his sudden death in April 1802; the count of Fuente
Gonzlez, as second to San Isidro, then took over the factora: Flores, Destino manifiesto, 101,
117 and n. 66.
69. All of the correspondence of the intervention was signed by Villar de Fuente, and the
confusion about the holder of the title may explain his reluctance to permit Rico and Taranco to
see his poder (the official power-of-attorney authorizing him to undertake the intervention):
Diputados directores (Salcs, Sta. Mara, and Ursegua) to Rico and Taranco, Madrid, 8 Feb.
1804, and correspondence exchanged by Rico and Taranco with Villar de Fuente, 29 June and 28
July 1804, Expediente sobre el conducto, agi-Lima, leg. 1620.
70. Moreno Cebrin, Ordenanza de Intendentes, 169 n. 36.
71. Morales y Durez to Junta de gobierno, Cinco Gremios, 26 Apr. 1803, Testimonio
general 24a, Expediente sobre el conducto, agi-Lima, leg. 1620. Of the six men first named to
oversee the Filipinas affairs in Peru, three were peninsular-born merchants married to criolla
women, and three were themselves leading criollo merchants: Flores, Iniciative privada,
15657.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 128
The Filipinas faction moved swiftly, effectively taking over the Cinco
Gremios business in Peru. Villar de Fuente alleged that his power-of-
attorney permitted [Rico and his second, Antonio Ortiz de Taranco] no
exclusive administration whatever of the affairs of the Cinco Gremios.
72
At one point in the proceedings, when Rico and Taranco visited the office
belonging to the counts, they found themselves staring at the mirror image
of the Cinco Gremios which obviously existed miraculously united to the
Filipinas factora, directed by the count of Fuente Gonzlez and his deputy
or heir, the Conde interventor.
73
Ricos suspicions about the third element
in the plot against him were confirmed: limeos and metropolitan merchants
who had opposed the establishment of the Cinco Gremios in Peru begin-
ning in the 1780s had now joined forces to exterminate the company in
Peru.
74
Rico believed that Villar de Fuentes letters to him were dictated
. . . by persons known to us, the same ones who conspired against our
company and caused it such calamity and loss of reputation at the time of
its establishment.
75
In an appeal to the crown dated 5 June 1805, Ricos
uncle and apoderado in Madrid named names: the old count of Villar de
Fuente had led the earlier opposition to the Cinco Gremios, and was merely
continuing his campaign under cover of the intervention entrusted (perhaps by
mistake) to his son.
76
Rico complained bitterly about the conflict of interest
inherent in naming the younger Villar de Fuente, the semi-factor of the
Filipinas Company, as interventor: Who could overcome the conflicts of
interest that leap to the eyes . . . when the Gremios and the Filipinas, with
their clients, are involved in the business of fitting out ships and accumu-
lating cargoes at the same time?
77
sabotaging reform 129
72. Villar de Fuente to Rico and Taranco, 21 July 1804, Testimonio general no. 33, Expediente
sobre el conducto, agi-Lima, leg. 1620.
73. Rico, Compendio de las tropelas, 43. The visit took place on 30 June 1804. According to
Taranco, the Filipinas usurpation of the Cinco Gremios business derived from a clause in the
interventors poder requiring all of Ricos and Tarancos decisions to be ratified by the count: This
clause, in my opinion, is very violent, he wrote, and rarely or never included in poderes. Taranco
to Junta de gobierno, ca. 8 Aug. 1804, Testimonio general no. 42, Expediente sobre el conducto,
agi-Lima, leg. 1620.
74. Rico and Taranco to Avils, 24 Feb. 1803, agi-Lima, leg. 726; Rico and Taranco to
Diputados directores, 23 June 1804, Rico to Avils, 8 Oct. 1804, and Rico to Crown, 5 June 1805,
all in Expediente sobre el conducto, agi-Lima, leg. 1620. See also Rico, Compendio de las tropelas,
3233, and Informe de mesa, 2 June 1800, agi-Indif. gen., leg. 1623, which mentions efforts by the
comercio del Per to avenge themselves against the Cinco Gremios because the privileged
company had destroyed their monopoly.
75. Rico and Taranco to Diputados directores, 23 June 1804, agi-Lima, leg. 1620.
76. Rico to Crown por poder ( Juan Estevan de Tricio), Madrid, 5 June 1805, agi-Lima, leg.
1620; Rico, Compendio de las tropelas, 32.
77. Rico to Avils? (intended recipient unclear), 8 Oct. 1804, agi-Lima, leg. 1620.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 129
Ricos objections were ignored by the viceroy. With Avils enthusiastic
cooperation,
78
Villar de Fuente moved against Rico and his partner Taranco,
but not before Rico had taken steps to protect the assets of the Cinco
Gremios. Someone in Madrid had managed to get word to Rico of the
impending intervention before news of it reached the viceroy or Villar de
Fuente.
79
Thus, when the interventor and his associates occupied the office
of the Cinco Gremios, instead of the expected 50,000100,000 pesos of
cash on hand, only 3,047 pesos were found.
80
Moreover, as Villar de Fuente
complained, the ledgers that should have revealed clearly the condition
of the companys business are blank and without the expected entries.
81
Villar de Fuente also found evidence to support Morales y Durez allega-
tion that specie registered in Corts name aboard the Aurora did in fact
belong to the Cinco Gremios: an entry in the book labeled Caxa had been
altered, but the original entry, Corts 51,100 pesos en la Aurora was still
readable. The raspadura was put forward as proof that Rico and Taranco
had been stealing money, and it became the subject of indignant letters to
the directors.
82
130 deconstructing legitimacy
78. Avils to Ministro de Hacienda, 26 June 1804, agi-Indif. gen., leg. 1623; Avils to
Diputados directores, 26 June 1804, Testimonio general no. 32, and Avils to Ministro de Hacienda,
no. 359, 23 Sept. 1804, in Expediente sobre el conducto, agi-Lima, leg. 1620; Avils to Crown, 23
Sept. 1805, agi-Indif. gen., leg. 1623; Informe de mesa, Aranjuez, 14 May 1807, summarizing
Avils letter of 8 July 1806, agi-Cuzco, leg. 29. For Ricos assessment of Avils conduct toward
him, see his Compendio de las tropelas, 33, 47, 7879.
79. Villar de Fuente to Diputados directores, 26 June 1804, Testimonio general no. 31, Expe-
diente sobre el conducto, agi-Lima, leg. 1620; Report of Diputados directores to Crown, 25 Mar.
1805, agi-Indif. gen., leg. 1623. Rico had only one known defender among the directors, Manuel
de Moreda, the apoderado of the jewelers: Moreda to Diputados directores, Madrid, 24 Feb. 1805,
agi-Indif. gen., leg. 1623; Parrn Salas, Reformas borbnicas, 445, links Moreda to Hernndez
Barruso. Ricos cousin, Joaqun de Osma, was also employed by the Cinco Gremios in Madrid
and was alleged to have sent Rico copies of Morales y Durez letters to the directors: Villar de
Fuente to Diputados directores, 9 Aug. 1804, Testimonio general no. 28, Expediente sobre el
conducto, agi-Lima, leg. 1620.
80. Villar de Fuente to Diputados directores, 8 July 1804 and 9 Aug. 1804, Testimonios generales
nos. 35 and 45, Expediente sobre el conducto, agi-Lima, leg. 1620; Report of the Diputados
directores to Crown, 25 Mar. 1805, agi-Indif. gen., leg. 1623, where they say that cash on hand
should have exceeded 100,000 pesos, and that Rico was also liable for the 45,532,196 reales velln
that had been advanced to him and were unaccounted for.
81. Villar de Fuente to Avils, 28 July 1804, Testimonio general no. 38, Expediente sobre el
conducto, agi-Lima, leg. 1620.
82. Villar de Fuente to Diputados directores, 9 Aug. 1804, and Taranco to Junta de gobierno,
ca. 8 Aug. 1804, Testimonio general no. 43, Expediente sobre el conducto, agi-Lima, leg. 1620;
Rico, Compendio de las tropelas, 60. See also Avils to the Ministro de Hacienda, no. 359, 23 Sept.
1804, agi-Lima, leg. 1620, where he complains of the irregular conduct of . . . D. Gaspar Rico,
and the free hand with which he used the capital [of the Cinco Gremios].
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 130
Because of the conflict of interest, Rico was determined from the first
to prevent Villar de Fuente and his commission from auditing the Cinco
Gremios accounts. As his fellow factor put it, We will not be abjectly
subservient to anyone, least of all to a nobleman of such little mercantile
expertise. In a word, Villar de Fuente complained, the intervention is
not accepted.
83
But the directors in Madrid remained adamant in their
determination to proceed. Late in 1806, three newly elected directors deli-
vered yet another ultimatum to Rico, which they apparently believed to be
a reasonable compromise. They offered to forget all the charges against
him provided that the interventor were allowed to complete his audit.
84
Rico would have none of it. You are treating me the way children are
treated, he wrote to the new directors. He refused even to address their
proposal until they wrote to him in a respectful manner appropriate to his
station as a partner (socio), not merely a factor or apoderado, of the Cinco
Gremios.
85
But even as he penned his angry note in Lima, the directors in
Madrid were securing a royal order ratifying the 1806 decision to remove
him entirely from any association with the Cincio Gremios and appoint
Villar de Fuente as their sole agent in Peru. The royal order was dated 18
May 1807, and it was followed by a letter of the same date from Spains
minister of treasury, Miguel Cayetano Soler, to the new viceroy, Fernando
de Abascal, ordering him to enforce the directors rulings.
86
But that was
not the end of the matter. With the death of Villar de Fuentes father in
1804 and the 1806 appointment of two new factors for the Filipinas Com-
pany in Lima,
87
the counts direct ties to the rival company loosened. But
he and the Filipinas faction of the consulado continued to hound Rico.
sabotaging reform 131
83. Taranco to Junta de gobierno, ca. 8 Aug. 1804, Testimonio general no. 43, and Villar de
Fuente to Avils, 28 July 1804, Testimonio general no. 38, Expediente sobre el conducto, agi-
Lima, leg. 1620.
84. Diputados directores to Rico, 5 Dec. 1806, bnp-mss, D-192. The new directors were Pedro
Rubio, Manuel Ezguerras, and Vicente Ambrosio de Aguirre; they had replaced Salcs, Santa
Mara, and Ursegua, whom Rico accused of conspiring against him.
85. Rico to Rubio, Ezguerra, and Aguirre, 22 Apr. 1807, bnp-mss, D-192.
86. Informe de mesa, 28 Apr. 1807, agi-Indif. gen., leg. 1623; Soler to Abascal, 18 May 1807,
bnp-mss, D-192.
87. Juan Bromley Seminario, Alcaldes de la Ciudad de Lima en el siglo xviii, Revista His-
trica 25 (196061), 348. Because of increased trade resulting from crown permission to trade
directly to Peru from Asia, the Lima office of the Filipinas company had been raised to the status
of a factora in 1806. The senior man, Juan Bautista de Oyarzabal y Olavide, returned to Spain a
few years later, leaving his nephew, Pedro de Abada, in charge. Directores, Real Compaa de
Filipinas, to Miguel Cayetano Soler, Madrid, 5 Sept. 1806, agi-Filipinas, leg. 991; Diaz-
Trechuelo Spinola, Real Compaa de Filipinas, 180, 22829, 231; Ana Mara de Santiago y Ulloa
to Jos Bernardo de Tagle, 2 Apr. 1814, amoz.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 131
Although Abascal found the whole case confusing, and was moved to
criticize both Avils decisions and Villar de Fuentes conduct of the inter-
vention, he too offered his cooperation with the interventor, as commanded
by the royal order of 18 May 1807. By the middle of 1810, Abascal had
secured the audit and a ruling by the Juzgado de Gremios (the same group
of oidores who were in Ricos debt) that the intervention had been uncalled
for, and reinstating Rico and Taranco in the full exercise of their rights. In
a letter to the minister of treasury, Abascal also deplored the effects of the
intervention on the Cinco Gremios business, writing that Villar de Fuentes
purpose in the whole affair had been to keep the company permanently
paralyzed and inactive.
88
But on 7 June 1811, the Juzgado de Gremios in
Lima was overruled by the Council of the Indies in war-torn Spain, probably
because of a comment by Abascal to the effect that the auditors had been
unable to establish the exact amount of the companys assets nor the dis-
position of 1,259,457 pesos owed to the Cinco Gremios when Rico and
Taranco took over management of the factora.
89
Rico and Taranco were
dismissed, and replaced by three other peninsular merchants.
90
Abascal
assured the minister of the treasury that far from having endangered the
Cinco Gremios with Ricos dismissal, [the directors] have achieved their
goal of protecting their business and safeguarding the last vestiges of the
capital that he had dissipated in his ruinous schemes and excessive extra-
vagances. By then, however, and regardless of decisions taken in Spain,
the interventor and his friends had achieved their goal. As early as 1805
limeo complaints about the scale and diversity of the companys activities
had ceased. The Cinco Gremios business in Peru was effectively brought to
a halt before the Napoleonic war finally destroyed the company in Spain.
91
132 deconstructing legitimacy
88. Abascal to the Ministro de Hacienda, no. 489, 23 Feb. 1808, agi-Lima, leg. 736; Abascal to
Rico and Taranco, 11 May 1808; Abascal to Ministro de Hacienda, no. 523, 8 Mar. 1811; and
Informe del Consejo de Indias, 13 Jan. 1812, all in agi-Indif. gen., leg. 1623; Rico, Compendio de las
tropelas, 52; Capella and Matilla Tascn, Cinco Gremios Mayores, 299300; Testimonio del
expediente formado sobre el estado en que se halla la Casa Factora de los Cinco Gremos
Mayores . . . en Lima, 8 July 1812, agi-Lima, leg. 743.
89. Abascal to Ministro de Hacienda, no. 683, 31 July 1812, and Testimonio del expediente
formado sobre el estado en que se halla la Casa Factora, both in agi-Lima, leg. 743.
90. They were Fernando del Mazo (one of Ricos predecessors), Manuel de Urionagoena y
Aramburu, and Juan Salvador Difulao: Informe sobre lo acordado por el Consejo de Indias en 7
de junio, addressed to the Secretara General de Indias, Cdiz, 22 June 1811, agi-Indif. gen., leg. 1623.
On 19 Dec. 1811, the Consejo de Indias ratified their previous decision, suggesting that if Rico
and Villar de Fuente remained unsatisfied, they could resort to the courts: Informe sobre lo acordado
por el Consejo de Indias, 19 Dec. 1811, addressed to Silvestre Collar, agi-Indif. gen., leg. 1623.
91. Abascal to Ministro de Hacienda, no. 683, 31 July 1812, agi-Lima, leg. 743; Capella and
Matilla Tascn, Cinco Gremios Mayores, 31321.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 132
In his Compendio, o extracto de las tropelas y excesos verificados por los
directores de los Cinco Gremios Mayores en Madrid, y por comisin de ellos,
contra D. Gaspar Rico y D. Antonio Taranco, published in Lima in 1811, Rico
minced no words in fixing responsibility for the success of the plot against
him. It was all, he said, a conspiracy organized by the directors of the
Gremios, the count of Villar de Fuente, and his confederates who were able
to convert the simple, limited, and null intervention into a permanent
despoliation, disolving a business corporation by defrauding and deceiving
the partners. Rico added: This is not to say that the directors alone were
to blame. They set [the plot] in motion, but its skillful prosecution was
reserved to the cunning hand they chose for the extermination. The hand
did not belong to Villar de Fuente alone: he had been aptly tutored by
the Ministers of the Congress of Interventors, the limeos, the Filipinas
Company, and the metropolitan merchants who had opposed the estab-
lishment of the Cinco Gremios factoras since the 1780s. And that, insisted
Manuel de Moreda, Ricos only known defender among the directors in
Madrid, was an excellent reason why the intervention should not have been
entrusted to the count of Villar de Fuente, nor to any resident of Lima,
too many of whom, Moreda added, were engaged in or sympathetic to
treasonous trafficking with foreigners.
92
THE USES OF CONTRABAND
Between 1803 and 1812, the attack on the Cinco Gremios and its factor,
Gaspar Rico, clearly served the interests of limeo and metropolitan
merchants as well as the Filipinas Company. But in spite of its legal mono-
poly of cotton-cloth imports and its exclusive privilege to trade with Asia,
the Filipinas Companys business in Peru also declined after the turn of
the century, and its directors in Spain complained about falling profits.
Like the Cinco Gremios and the metropolitan merchants, the Filipinas
Company had to contend with formidable rivals: the contrabanders who
surged into the Pacific in the wake of foreigners bearing royal licenses that
permitted them to trade directly with Spains American colonies.
93
sabotaging reform 133
92. Diputados directores to Crown, Madrid, 22 May 1805, agi-Indif. gen., leg. 1623; Informe
de mesa, 24 Feb. 1805, agi-Indif. gen., leg. 1643. Note that Moreda was a close friend and
associate of Ricos uncle and apoderado, Juan Estevan de Tricio.
93. Exposicin de la Junta de gobierno de la Real Compaa de Filipinas a la general de
accionistas, 30 Mar. 1815, agi-Filipinas, leg. 993; Real Compaa de Filipinas ( Juan Manuel de
Gandasegui and Andres de Sierra) to Jos Garca de Len y Pizarro, Madrid, 20 Sept. 1817, agi-
Estado, leg. 86A, no. 44.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 133
With less expensive and high quality foreign goods readily available,
the limeos were able to sabotage the reforms by overt and widespread
noncompliance with the law. In 1806, Javier Mara de Aguirre described
the situation to the consulado of Cdiz, the one body that might bring effec-
tive pressure to bear on the crown to put an end to it:
I have observed with anguish the continuous and considerable
clandestine commerce which has been carried on from the port
of Concepcin [Chile] to the Punta de Santa Elena [Costa Rica],
not only by the ships of Great Britain, but also by the Anglo-
Americans. The consequences of this contraband have destroyed
national commerce, on the one hand causing prices of the supplies
introduced from the peninsula in accord with the established rules
to fall, and on the other causing specie and whatever silver pieces
constituted the capital of a great number of subjects to disappear.
Can there be anything more clear, and which more fully convinces
one of the proximate ruin and desolation of Spanish commerce, if
the cancer is not arrested? I hope that you will proceed to the
remedy by all means imaginable.
94
The flood of contraband in Peru, as elsewhere in the Americas, proved
to be unstoppable in spite of decrees and orders emanating from the
crown and its representatives. Neither amnesty nor the threat of summary
execution deterred contrabanders and their customers. The growth of the
Spanish-American market in general, coupled with the expansion of indus-
try in England and northern Europe and of exports from the United States
(whose merchant marine had grown prodigiously), had resulted in increased
pressure from foreigners to trade with Spains American possessions.
95
The Spanish crown severely underestimated the strength of these trends,
and stubbornly insisted on its sovereign right to exclude foreigners from direct
trade to its colonies, except on its own terms and at its behest. Indirect
134 deconstructing legitimacy
94. Aguirre to Prior and Consuls, Real Tribunal del Consulado de Cdiz, 8 Mar. 1809, agi-
Lima, leg. 1549; Juan Bautista Oyarzabal to Crown, 22 Apr. 1814, agi-Filipinas, leg. 993, and the
complaint of the Cdiz merchants in their Informe de la junta de diputados consulares, 26 Aug.
1817, agi-Consulados, leg. 62.
95. Real orden, 23 Mar. 1791, agnp-Hacienda colonial, legs. 1227 and 900. For Abascals
acknowledgments of such orders, which were often couched in the vaguest of terms (proceed
against the Anglo-Americans . . . with all the rigor called for by our laws), see agi-Lima, leg.
650. On the U.S. merchant marine, see Valentn Foronda to Pedro Cevallos, Philadelphia, 31 Dec.
1807, ahn-Estado, leg. 5633
2
.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 134
trade via peninsular agents who re-exported European manufactures was
the ideal to which Spain continued to aspire in its dealings with the colonial
market. Unfortunately for the privileged trading houses and the metro-
politan merchants in Lima, however, there was little disposition, especially
on the part of British and North American merchants, for any but the
most direct trade. As a result, after 1795 foreign shipping in the Pacific
increased enormously; between 1797 and 1809, 226 North American ships
dropped anchor in Chilean ports, compared with the period from 1788 to
1796, when only 26 visited Chile.
96
There was pressure, too, from supporters
of the Spanish princess, Carlota Joaquina, wife of King John VI of Por-
tugal, who had escaped to Brazil when Napoleons army overran his
country. Carlota Joaquina had declared herself the legitimate regent of
Spain during the captivity of her brother, Fernando VII. The Portuguese
were allied with the British, and in September 1808 the princess and
Admiral Sir Sidney Smith dispatched a ship to Callao in an attempt to
force the opening of the port to direct trade.
97
With contrabanders frequenting ports both large and small, limeo
merchants, who had been officially excluded from participation in the
Atlantic trade by the eighteenth-century reformers, could secure supplies
of European imports without dealing with local agents of the peninsular
merchant houses that refused to consign goods directly to them. The Spanish
middlemens profits, which drove up prices, were eliminated. And because
contraband paid neither exit taxes in Spain nor import taxes in Peru, the
limeos could compete in markets outside their own province.
98
An 1813
sabotaging reform 135
96. Vicens Vives, Economic History of Spain, 580; Whitaker, United States and the Independence
of Latin America, 12. According to R. F. Nichols, Trade Relations and the Establishment of the
United States Consulates in Spanish America, 17791809, HAHR 13 (1933), 303, U.S. exports to
Spanish America nearly doubled during the war, rising from $5,298,659 in 179798 to $9,070,022
in 18001801. John H. Parry, The Spanish Seaborne Empire (New York: Knopf, 1966), 346, puts the
value of U.S. trade in 1796 as $400,000 and as more than $8 million in 1802. See also D. B.
Goebel, British Trade to the Spanish Colonies, 17861823, American Historical Review 43
(1938): 316.
97. G. S. Graham and R. A. Humphreys, eds., The Navy and South America, 18071823:
Correspondence of the Commanders-in-Chief on the South American Station (London: Navy Records
Society, 1962), 18; Armando Nieto Vlez, Contribucin a la historia del fidelismo en el Per,
18081810, Boletn del Instituto Riva-Agero 4 (195860), 5968; Benjamn Vicua Mackenna, La
revolucin de la independencia del Per, 18091819 (1860; reprint Lima: Garcilaso, 1924), 109, 159.
98. This was not a new phenomenon, however. As Scarlett OPhelan Godoy, Reformas fiscales,
126, has pointed out, In colonial Peru of the eighteenth century, tax evasion was an effective way
to maximize [capital] accumulation and generate an economic surplus. See also Areches com-
plaint that Lima was a land where the only goal is to frustrate collection of the kings dues and
to keep everything confused by their crimes. Areche to Glvez, 20 Dec. 1778, agi-Lima, leg. 1082.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 135
list of twenty-one ships involved in the contraband trade, all of them owned
by Pacific-trade merchants matriculated in the consulado, also reveals that
the limeos were taking advantage of the opportunities afforded them by
foreigners (and the absence of Spanish shipping) to increase their partici-
pation in the coasting trade.
99
The increase in the interprovincial coasting
trade is reflected in the consulados receipts from anchorage fees charged
locally owned ships. In 1796, the fee yielded 11,423 pesos; in 1801, the con-
sulado collected 26,171 pesos.
100
The reformers had hoped that the kings
vasallos de Espaa would make it impossible for limeos to compete in
that branch of seaborne commerce with merchants who had sailed from
peninsular ports.
Gaspar Rico was among those who found the contraband trade intoler-
able, not least because it reduced the revenues available to the viceregal
government. Writing at the end of 1811, he claimed that during the past
twenty years, foreigners have imported goods worth 50 million pesos,
without the treasuries getting so much as a whiff of it. One of the
services Rico proudly (and patriotically) performed for the crown was
the denunciation of the formidable contraband that infests this coast; he
offered to contribute 10,000 pesos toward the formation of an armed force
that would pursue and destroy it.
101
And that was precisely the problem:
neither the crown nor the viceregal government possessed the means to
enforce the law.
But policing contraband became increasingly difficult, in part because
of confusing and sometimes contradictory orders from Spain. After the
Napoleonic invasion in 1808, Viceroy Abascal had to cope with decrees
emanating from successive Spanish governments that undermined his efforts
to enforce peninsular control of the Atlantic trade. On 26 July 1808, the
Junta suprema of Sevilla published an edict issued by the English king
declaring an end to hostilities between Great Britain and Spain, and lifting
the British blockade of Spanish ports not held by the French. Henceforth the
136 deconstructing legitimacy
99. Razn de los comisos verificados en la Tenencia Administracin de la Aduanilla del
Callao desde 19 de enero hasta 13 de diciembre de 1813, agi-Lima, leg. 627-B.
100. Estado que manifiesta lo atesorado en Cajas del Real Tribunal del Consulado desde 1
o
de
enero de 1774 hasta 31 de diziembre [sic] de 1802, 18 May 1803, agi-Lima, leg. 737. This was the
entrada de buques del pas. In 1801, when Spain was at war with England, the entrada de
buques de Europa yielded only 1,877 pesos.
101. El Peruano, no. 19 (8 Nov. 1811), cdip-Tomo 23: Peridicos, ed. Carmen Villanueva (Lima:
Comisin Nacional del Sesquicentenario de la Independencia del Per, 1972), 2:173; Rico to
Diputados directores, 23 May 1804, agi-Lima, leg. 1620. Rico often justified his conduct by
calling attention to his patriotism.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 136
two nations were to be allies in the battle against Napoleon, but in return
for help in ousting French armies from the peninsula the British Foreign
Office demanded permission to trade directly with Spanish America.
102
Spain resisted British pressure for official access to American ports, but
nevertheless issued a series of temporary orders and counter-orders. In
December 1809, for example, all Spanish-American ports were closed to
foreign shipping, but in May 1810 the Regency opened them once again;
then, almost immediately, the Regencys decree was declared spurious, as
it probably was.
103
Not surprisingly, viceroys and governors in America were operating
with a significant degree of autonomy where trade was concerned, issuing
edicts that sometimes conflicted with the policies adopted by peninsular
governments, and certainly with the rules for the regulation of trade imposed
by the eighteenth-century reformers. Both Panama and Buenos Aires were,
at various times and for different reasons, officially opened to direct trade
with foreigners, sometimes as a result of pressure from the British govern-
ment and its agents in America. In 1809, Governor Garca Carrasco of
Chile hoped for the arrival of an English ship; he was anxious to grant a
license to sell its cargo so that he could collect taxes sufficient to replenish
the empty treasury.
104
In Panama, direct trade with foreigners was also a
revenue measure. The governor was able to make up deficits by taxes collected
on imports, a strategy he used repeatedly.
105
In 1811, he succeeded in securing
a royal order that permitted him to open ports to foreign ships whenever
the exchequer was suffering from anemia, and to close them when duties
sabotaging reform 137
102. Sevilla, 26 July 1808, Coleccin Duque de Hjar, Rare Books and Special Collections,
Princeton University Library; R. A. Humphreys, British Merchants and South American
Independence, Tradition and Revolt in Latin America, and Other Essays (London: Weidenfeld
and Nicolson, 1969), 1078. The British edict was dated 4 July 1808.
103. Goebel, British Trade to the Spanish Colonies, 28889, 312; Baqujano, Dictmen
sobre la revolucin hispanoamericana, cdip-Tomo 1, 3:488; Costeloe, Free Trade Controversy,
210; Humphreys, British Merchants, 108. Abascal was warned about the supposed and
apocryphal real orden and instructed to prevent its implementation: Abascal to Crown, no. 506,
undated ( Jan. 1811?), agi-Lima, leg. 650. A real orden of 19 Nov. 1814 (ahn-Consejos, leg. 43611)
commanded the Consejo de Indias to continue its investigation into the origin and authors of
the order.
104. Barbier, Comercio neutral, 36667; Goebel, British Trade to the Spanish Colonies,
310; Agustn de Eyzaguirre to Ignacio Irrarrazaval, Santiago, 24 June 1809, Eyzaguirre, Archivo
epistolar, 202; Humphreys, British Merchants, 110; Alvarez F., Comercio y comerciantes, 115.
105. Junta de diputados consulares, Cdiz, 26 Aug. 1817, agi-Consulados, leg. 62; Parrn
Salas, Dislocacin del comercio, 155. The governors action was approved con calidad de por
ahora by the Junta Central on 24 Apr. 1809 in spite of protests from Viceroy Abascal and the
consulado of Lima.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 137
collected on imports had replenished the coffers.
106
His edicts turned out
to be an open invitation to contrabanders, who also took advantage of royal
orders permitting direct trade with the Caribbean colonies of foreign
powers.
107
The English islands, especially Jamaica, thus came to dominate
Panamas import trade, supplying textiles that were both cheaper and of
better quality than those otherwise obtainable by Spanish merchants.
From Panama, English cloth was distributed to Pacific ports. Metro-
politan merchants in Lima who traded directly to Spain via Cape Horn
were being displaced by rivals who were acquiring their inventories from
Panama.
108
In 1809 Limas consulado persuaded Viceroy Abascal to issue
an edict temporarily ordering confiscation of all cargoes out of Panama unless
their owners could prove that their provenance was legitimately Spanish,
or that they had been acquired by capturing a contrabander. In any case,
the consulado declared, royal orders permitting Panamanians to trade directly
with foreigners did not permit them to re-export merchandise to Peru,
where the governor of Panama had no jurisdiction.
109
In a declaration that
later became central to Gaspar Ricos indictment of Viceroy Joaqun de la
Pezuela, the consulado also questioned the legitimacy of Panamanian policy
and practice: The difficulties of the Royal Exchequer are no excuse for
disobeying the laws of the realm established by regulations, decrees, and
numerous royal orders demanding their scrupulous observance. Everyone
knows that there are other ways to deal with such emergencies. In August
1811 the consulado of Lima went farther, claiming that all imports via Panama
were contraband.
110
138 deconstructing legitimacy
106. Acta, Sesin secreta de las Cortes, 17 Sept. 1811, agi-Indif. gen., leg. 2439; Parrn Salas,
Dislocacin del comercio, 156. The real orden was dated 30 Sept. 1811, and was issued by the
Regency. For the outcome of this case, see Consejo de Indias a Hacienda de Indias, Madrid, 9
Aug. 1818, MenP, Pezuela, Sig. 4, q. 9.
107. Informe del consulado al Virrey sobre que no se permita la introduccin de efectos por la
va de Panam, Buenos Aires, y Chile, 13 Jan. 1810, agnp-Hacienda colonial, leg. 1173. Trade
between Panama and Jamaica had been authorized by a real orden of 4 Apr. 1809: Miguel de
Lardizabal to Seor Presidente del Consejo de Indias, 18 Apr. 1815, ahn-Consejos, leg. 43611.
108. Parrn Salas, Dislocacin del comercio, 154, dates Panamas resurgence as entrept for
the Pacific trade from 1803.
109. Informe del consulado al Virrey, 13 Jan. 1810, agnp-Hacienda colonial, leg. 1173. Abascals
edict was dated 16 Aug. 1809: Consulta del consulado al Virrey, 7 Aug. 1811, agnp-Hacienda
colonial, leg. 1173.
110. Informe del consulado, 13 Jan. 1810, agnp-Hacienda colonial, leg. 1173; Consulta al
Virrey del consulado, reclamando de un auto de la Junta superior de real hacienda sobre los
efectos que se exportan por Panama, Buenos Ayres, y Chile, 7 Aug. 1811, agnp-Hacienda
colonial, leg. 1173.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 138
The problem to the south of Lima was equally grave. According to Limas
consulado, British cottons were being imported clandestinely to Buenos
Aires in the holds of ships ostensibly carrying only Brazilian sugar, a trade
permitted by the royal orders of 4 March 1795 and 10 July 1796 that allowed
trade with colonies of neutral and allied powers.
111
Large quantities of mer-
chandise were also imported to Buenos Aires in the wake of the British
invasion of 1806. On 4 August the British commander declared that the
port of Buenos Aires was henceforth to be open to direct trade with
foreigners: The system of monopoly, restriction, and oppression, he wrote,
has finally ended.
112
Obviously, British imports grew exponentially. To
Spanish observers, watching the rapid disintegration of the colonial trade
regime, America seemed to be overrun by foreigners, and a note of panic
crept into their reports. In fact, the number of foreigners trading to the
Spanish ports of the South Atlantic was unprecedented. Even after the
British occupation ended, a trade suffered but not recognized in law by
the Spanish colonial authorities took place in the Ro de la Plata.
113
By
1808, British merchants were mounting expeditions to the Pacific ports of
Chile and Peru, both still subject to Spain and to the regulations that
prohibited unlicensed direct trade with foreigners.
114
By 1810, rebellions were also having an effect on the supply by legal means
of European imports. One of the earliest actions taken by the revolutionary
Junta de mayo was to confirm the 1809 opening of Buenos Aires to direct
foreign trade, and on 21 February 1811 the newly if temporarily indepen-
dent Chileans declared their ports open to foreigners.
115
On 23 May 1812,
sabotaging reform 139
111. Consulado to Manuel Jos Amandarro, 23 May 1806, agnp-Hacienda colonial, leg. 1115;
Instructions of the cabildo of Lima to Jos Silva y Olave, 11 Oct. 1809, agi-Lima, leg. 802;
Francisco Salazar Carrillo de Crdoba to Secretario de Estado y del Despacho Universal de las
Indias, Madrid, 17 Aug. 1814, agi-Lima, leg. 1018-B; Crown to Viceroy of Buenos Aires, 22 Feb.
1806, Documentos para la historia argentino, 7:323; Consulado to Viceroy, 26 July 1798, agnp-
Hacienda colonial, leg. 1087; Francisco Salazar Carrillo de Crdoba to the Secretario de Estado y
del Despacho Universal de las Indias, Madrid, 17 Aug. 1814, agi-Lima, leg. 1018-B.
112. Edict issued by Major General William Carr Beresford, 4 Aug. 1806, Documentos para la
historia argentina, vol. 4: Abastos de la ciudad y campaa de Buenos Aires, 17731809, 33943;
Exposicin de la Junta de gobierno de la Real Cia. de Filipinas a la General de 1818, agi-
Filipinas, leg. 993. The Junta de gobierno also reported that two Filipinas ships had been captured
in the Pacific off South America.
113. Goebel, British Trade, 309, 311; Valentn de Foronda to Pedro de Cevallos, Phila-
delphia, 7 and 27 Sept. 1807, ahn-Estado, leg. 5633
2
; Humphreys, British Merchants, 112; Silva,
Hamburgo y el Ro de la Plata, 203.
114. Humphreys, British Merchants, 113
115. Acta de la Junta consultiva de 6 de noviembre [1809], sobre la permisin provisora de
comercio con los estranjeros, in Documentos para la historia argentina, 7:37985; Goebel, British
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 139
Abascal wrote to the crown, remarking on the almost total interruption
of commerce because of the revolutions in the neighboring jurisdic-
tions.
116
He was speaking, of course, of legal commerce; contraband
continued to flourish, with Buenos Aires and Chile serving as entrepts.
Foreign merchants who carried their contraband to Buenos Aires moved
some of it overland to Chile, which became a center for illegal trade in
the Pacific.
Contrabanders in the Pacific often found that customs officials were
willing to permit them in port in exchange for a bribe.
117
Bribes were not
the only problem, however; widespread trade by bureaucrats (often in com-
pany with bona fide merchants) raised questions as to the proper classifi-
cation of their inventories, even where legal provenance could be established.
Bureaucrats engaged in trade whenever and wherever the opportunity
presented itself, and were therefore unlikely to exhibit much enthusiasm
for enforcing the official rules for the regulation of trade. And as usual,
bureaucrats trade proved to be fertile ground for political conflict. Com-
peting networks of merchants and bureaucrats often accused each other of
engaging in trade that, while not necessarily contraband, was contrary both
to the letter and the spirit of the law. Even Viceroy Abascal was rumored
to be involved in trade. When trade with independent Chile was cut off
in 1811, Jos de la Riva Agero, the disappointed criollo office-seeker who
was later a president of newly independent Peru, could plausibly accuse
Abascal and his merchant allies of buying up the limited supplies of Peruvian
wheat at 3 pesos per fanega and reselling it in Lima at 12 pesos. In July
1814, when the expeditionary force was sent from Lima to recapture Chile
for the royalists, Riva Agero accused Abascal of reaping personal profit
from the cargo of sugar and tobacco shipped to Chile along with the
140 deconstructing legitimacy
Trade, 312; Jaime Eyzaguirre, El alcance poltico del decreto de libertad de comercio de 1811, La
Logia Lautarina y otros estudios sobre la independencia (Buenos Aires and Santiago: Editorial
Francisco de Aguirre, 1973), 144.
116. Abascal to Primer Secretario de Estado, Lima, 23 May 1812, agi-Estado, leg. 74.
117. Antonio Izquierdo Martinez to Ministro de Hacienda, 6 Dec. 1811, agi-Lima, leg. 772;
Consulado to Viceroy, 1 May 1816, Informes y consultas . . . 9 de enero de 1816 hasta 2 de abril de
1818, agnp-Hacienda colonial, leg. 1227; Abascal to Ministro de Hacienda, 31 Jan. 1814, agi-
Lima, leg. 747. See also the notorious case of Ignacio de Cruzeta, administrator of customs in the
northern port of Paita, in agi-Lima, leg. 626; Informe del consulado de Lima sobre la queja del
comercio de Trujillo, 9 Jan. 1816, agnp-Hacienda colonial, leg. 1227; and Informe del consulado
sobre contrabandos de efectos de Panama, desembarcados in Piura y Paita, 29 Dec. 1818, amre,
leg. 2-17. The crown eventually acquitted Cruzeta on the grounds that the man who denounced
him was an alcoholic.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 140
soldiers and supposedly to be sold to support the troops. He also claimed
that Abascal had shipped sugar to Chile aboard an English ship.
118
In many cases, however, local officials were simply unable to determine
whether a specific shipment was in fact contraband, even when it was in
the possession of bona fide merchants. Many ships carried two sets of
papers, neither of which would necessarily reveal its true nationality, and
even Spanish authorities were conniving to issue false papers to ships carrying
contraband. Some of the illegal merchandise, purchased directly from con-
traband suppliers in Pacific ports or even re-exported from the peninsula,
was falsely represented as Spanish; it was common practice in North
America, Spain, and in other European ports to mark cloth fraudently.
119
Sometimes even honest bureaucrats hands were tied. International treaties
demanded that aid be provided to ships in distress; as North American
whalers and China-trade vessels increasingly rounded stormy Cape Horn,
officials were forced to allow them to anchor in Pacific ports to take on
water or repair their ships.
120
In spite of a royal order demanding pay-
ment in specie for repairs or supplies, foreigners were seldom prepared to
do so. After 1793, they usually asked for permission to sell their cargoes to
raise the necessary funds. On occasion the need to put into port was
falsifiedcaptains were known to empty casks of water or even create
damage to their shipsand merely served as a cover for contraband.
121
sabotaging reform 141
118. Riva Agero, Manifestacin histrica y poltica, 4243; Mendiburu, Diccionario, 8:279.
119. Whitaker, United States and the Independence of Latin America, 7; Consulta del consulado
al Virrey, 7 Aug. 1811, agnp-Hacienda, leg. 1173; Circular sobre el comercio libre a Indias y
precauciones contra los fraudes, Madrid, 6 Feb. 1779, ahn-Coleccin de Reales Cdulas,
Consulado, Libro 1490, num. 48 and Libro 1515, num. 96; Remtense muestras de las marcas y
plomos que usa la Compaa de Filipinas, ahn-Coleccin de rdenes generales de rentas, Libro
8050; Jorge Escobedo to Marqus de Sonora, 5 Nov. 1786, agi-Lima, leg. 1546. The Boston
merchant Thomas Handasyd Perkins instructions to Samuel Williams in London are
illuminating: We understand the Spanish Government has prohibited every species of British
manufactures in their colonies. . . . If the goods are already engaged, you will have such marks put
upon the pieces as designate them to be French, and still forward them. Perkins to Williams,
Boston, 27 Mar. 1805, Perkins mss, bound vol. 36, 107, mhs. See also El virrey del Per remite a
V.A. una exposicin en que manifiesta el estado poltico y econmico de las provincias del Per,
30 Sept. 1813 (an informe de mesa), in agi-Lima, leg. 1010; and Hardy to Croker, 2 Apr. 1821, for a
reference to the practice of English merchants taking on cargoes from Gibraltar that were
excellent imitations of Spanish and French cloths, Graham and Humphreys, Navy and South
America, 329.
120. Informe de mesa, 17 Mar. 1814, on Abascals Exposicion en que manifiesta el estado
poltico y econmico de las provincias del Per of 30 Sept. 1813, agi-Lima, leg. 1010; Informe,
Junta de diputados consulares, 26 Aug. 1817, agi-Consulados, leg. 62.
121. Real orden sobre las fragatas inglesas que arrivaren a este puerto del Callao, Aranjuez, 13
Mar. 1793, agnp-Hacienda colonial, leg. 900; Thomas Handasyd Perkins, Instructions to Captain
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 141
As the Spanish Junta de diputados consulares complained in 1817, It is
impossible to say enough about the lamentable consequences of those
treaties because they had compromised the security of our dominions and
the interests of national commerce.
122
To confuse matters further, there were instances of foreign ships trading
to the Pacific not only with royal licenses, but with direct royal ownership
of their cargoes, a fact that the crown attempted to hide from everyone but
the viceroy. When those ships were captured as contrabanders, the dis-
position of their cargoes gave rise to bitter quarrels among the merchants
and to litigation regarding their legal status.
123
Changes in regulationssuch
as the royal order of 20 October 1809 permitting the Filipinas Company to
import cottons directly from British ports to Callao even though such trade
was otherwise prohibited, and another royal order of 7 May 1811 renewing
permission for importation of English cottons
124
led to yet more confusion.
Contraband was by no means easy to define or to deal with, and the
difficulties were reflected in proposals for bringing it under control. Some
had a familiar ring to them. Early in 1810, the consulado of Lima sug-
gested that prohibiting all imports from Buenos Aires, Chile, or Panama
would solve the problem; only Callao would be open to trade in foreign
goods, and Lima would be restored to its old status as a submetropolitan
entrept. Other proposals dealt with specific trouble spots, but with the
same end in view. On 12 June 1812, a Junta superior de tribunales in Lima
prohibited all imports of foreign goods via northern ports such as Guaya-
quil and Paita; merchandise purchased in Panama for the Peruvian market
was to be carried directly to Callao, where it would pay a special tax levied
to compensate for the difference in cost of Panamanian merchandise as
compared to goods imported via Cape Horn.
125
The illicit trade out of
142 deconstructing legitimacy
James Rowen, Ship Eliza, by way of Cape Horn for the North West Coast, 8 Aug. 1798, Perkins
mss, bound vol. 36, 66; Perkins, Instructions to Captain Harvey, Nov. 1804, Perkins mss, bound
vol. 36, 9596. Abascal was aware of the fact that most claims to emergency anchorage were false:
see his Memoria de gobierno, 1:114.
122. Informe, Junta de diputados consulares, Madrid, 1817, agi-Consulados, leg. 62.
123. Abascal to Ministro de Hacienda, reservada, 25 May 1808, agi-Lima, leg. 736; Soler to
Viceroy of Buenos Aires (a circular reservada), Madrid, 14 Jan. 1801, Documentos para la historia
argentina, 7:18788; Juan Bautista de Grate to Juan de Goyeneche, 21 Mar. 1801, bnp-mss,
Correspondencia. See also Parrn Salas, Reformas borbnicas, 311.
124. El consulado de Cdiz se queja de los permisos concedidos a la Cia. Filipinas, 8 Nov.
1809, agi-Filipinas, leg. 993; Viceroys indexes, Apr. 1810 and Sept. 1811, agi-Lima, leg. 650.
125. Informe del consulado al Virrey sobre que no se permita la introduccin de efectos por la
via de Panama, Buenos Aires, y Chile, 13 Jan. 1810; and Consulta al Virrey del consulado, 7 Aug.
1811, agnp-Hacienda colonial, leg. 1173; Informe del consulado de Lima sobre la queja del
comercio de Trujillo, 9 Jan. 1816, agnp-Hacienda colonial, leg. 1227.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 142
Panama was a particularly sore subject. On 29 March 1815, the consulado
drew up an extensive report on it, but demands for stricter policing and
more severe penalties proved unworkable. The consulado nevertheless resub-
mitted the report in 1817. In its cover letter, which spoke of the serious
problems and irreparable damage done to this commerce, irrevocably
tied to that of Cdiz, the consulado made plain that it was acting in the
interest of the Atlantic traders who sailed to Europe via Cape Horn, the
metropolitan merchants who still insisted that they alone should supply
imported goods to the Peruvian market.
126
By way of contrast, there was relatively little discussion of contraband
out of Chile itself, or the means to control it. So far, the archives have
yielded no documents comparable to those dealing with the Panamanian
problem. Instead, there are general discussions of the need to patrol the
sea off Peru, and, occasionally, small groups of armed merchantmen out of
Callao would cruise about looking for foreign contrabanders. They captured
very few of them. Sometimes, too, contraband was discovered on board ships
engaged in the sugar-wheat exchange, or on one of the ships belonging to
the Filipinas Company,
127
but the relative tolerance of this branch of the
contraband trade differs markedly from the time and effort spent to curb
the trade out of Panama.
With the growth of contraband by whatever route, the legally margin-
alized limeos found it easy to sabotage the reformed rules for the regulation
of trade. Even successful attempts to police contraband sometimes backfired
in their favor. On the rare occasions when true contrabanders were caught
by privateers licensed by the viceroy, their cargoes were sold off to local
merchants, increasing the quantity of foreign merchandise imported to Peru
via direct trade instead of via Spain and Spanish merchants. Juan Bautista de
Grate, one of the most powerful peninsular merchants resident in Lima,
suggested that purchasing inventories from confiscated cargoes was much
better business than bringing cloth from Panama, or from anywhere else.
128
But even in the most stable legal trade regime, the viceregal government
could not have enforced compliance in the face of foreign determination
sabotaging reform 143
126. Consulado to Viceroy Pezuela, 4 Feb. 1817, agnp-Hacienda colonial, leg. 1227.
127. Soler to Marqus de Bajamar, Madrid, 22 May 1806 and 12 Oct. 1807, ahn-Consejos,
leg. 43611; Hoja de servicios, Bernardo Carrete de Losada, agi-Lima, leg. 627-B; Razn de los
comisos verificados en la Tenencia Administracin de la Aduanilla del Callao desde 19 de enero
hasta 13 de diciembre de 1813, agi-Lima, leg. 627-B; Abascal to Crown, Apr. 1807, agi-Lima, leg.
650; Flores, Destino manifiesto de un mercader, 92 n. 11.
128. Juan Bautista de Grate to Juan de Goyeneche, 21 Mar. 1801, bnp-mss, Correspondencia.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 143
to open colonial markets. Spain maintained too few warships in the Pacific
to patrol the coast effectively and, for fiscal reasons, had elected to mini-
mize the number and strength of military garrisons in coastal towns.
129
Contrabanders and their customers could trade with almost perfect impunity.
In 1816, the year Joaqun de la Pezuela became viceroy of Peru, the Tacna
agent for a consulado merchant wrote to his principal to apologize for his
failure to sell a consignment of merchandise. As he explained,
About a month ago a bergantine with an English name that sailed
from Buenos Aires appeared in Iquique armed with eighteen
cannons and with a crew of thirty-six men, laden with yerba del
Paraguay, cloth and iron. It dispatched from there letters convoking
various persons of [Tacna], with copies of bills of lading and price
lists, indicating the Morro de Tacna as the place where they could
go to buy. After receiving the letters mentioned, those men flocked
to the place named, and they have made major purchases. . . . The
bergantine is now in Quilca, where they are going to unload most
of their merchandise. They move about everywhere in public with
their goods. They have brought all kinds of cloth, particularly
abundant cottons, and not one of the many who have participated
in such a harmful commerce has been arrested. This harm has
affected every merchant who has come here from Lima and
Arequipa, and all are as much at a standstill as I am, without
being able to sell a single thing. . . . [A]n infinite number [of
contraband customers] has refused to donate money to the trea-
sury in circumstances where it is impossible to pay the troops,
but now they have brought out a great many bags of silver to be
taken off to Buenos Aires, and so long as this torrent of mis-
deeds is not controlled, hanging most of the offenders, you will
strive in vain, making a thousand loans to get rid of such an
enemy, unless you recall that these small ports are completely open
[to foreigners].
130
144 deconstructing legitimacy
129. For an account of the Bourbon reforms that led to this state of affairs, see Jacques A.
Barbier, Indies Revenues and Naval Spending: The Cost of Colonialism for the Spanish
Bourbons, 17681805, JbLA 21 (1984): 17188.
130. Anonymous merchants letter written in Tacna, 22 Apr. 1816, and copied into the
consulados book, Informes y consultas expedidas por el Real Tribunal del Consulado desde 9 de
enero de 1816 hasta 2 de abril de 1818, agnp-Hacienda colonial, leg. 1227. See also the consulados
commentary on the situation described by the same merchant, dated 1 May 1816, in ibid.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 144
Revenge on those in Spain and Lima who would deprive local merchants
of the right to engage in the Atlantic trade in foreign manufactures was
secured by many opportunities to ignore the rules for the regulation of trade.
Noncompliance rather than armed revolt or pronunciamiento proved to
be an effective weapon in the limeo campaign to sabotage the Bourbon
commercial reforms and recapture a degree of autonomy from their colo-
nial masters. For Gaspar Rico, such behavior represented nothing less than
economic rebellion. Writing in 1811, he blamed the clandestine trade in
English manufactures for the recession in Peru: the viceregal treasury, agri-
culture, industry, and commerce had all been brought to ruin, he wrote, by
the trade in English goods.
131
In Madrid and Lima, government authorities understood that contraband
threatened not only the rules for the regulation of trade embodied in the
Reglamento de comercio libre of 1778 but also the viability of the system
whereby special permissions to trade with America were granted in exchange
for large contributions to the crown. At issue was the means to reduce the
volume of contraband that competed with legal, taxable imports, and in
both Spain and Peru, the question of means gave rise to political conflict.
Manuel de Godoy, Carlos IVs notorious and powerful favorite, was among
those who argued that the best way to destroy contraband was to open
American ports officially and tax the merchandise imported directly by
foreigners. [C]ontraband is equivalent to the effects of free trade, if it
does not exceed them, he wrote, with the very sad difference that [it] yields
no revenue to the treasury and corrupts the natives. . . . [H]owever one looks
at these matters, the system of monopoly with respect to the Americas,
given the level of civilization and progress its inhabitants have attained,
can no longer be sustained without angering and alienating them.
132
Godoy
was defending his proposal to open ports to the French for the duration
of the war against England, and it was Godoy who was in large part respon-
sible for the policy allowing foreigners (including French merchants) to
trade to America with crown licenses. In 1809, the cabildo of Lima com-
plained that an infinite number [of foreign merchants] have established
themselves all over America, and especially in the district of this viceroyalty,
sabotaging reform 145
131. El comerciante patriota (i.e., Gaspar Rico), El Peruano, no. 29 (11 Dec. 1811), cdip-
Tomo 23, 3:27374.
132. Quoted by Jaime Carrera Pujal, Historia de la economa espaol, 5 vols. (Barcelona: Bosch,
194347), 4:547. Napoleon sent a similar proposal to Godoy and the king in March 1808: Conde
de Toreno, Historia del levantamiento, guerra y revolucin de Espaa, 5 vols. (Madrid: Jordan,
183537), 1:18.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 145
since the Favorite seized the reigns of government. Thus, when news of
Godoys fall from power arrived in August 1808, a group of European
merchants in Lima celebrated by destroying his portrait.
133
THE ESCALATION OF POLITICAL CONFLICT
Manuel Godoys fall from power on 18 March 1808 was part of a Euro-
pean crisis provoked by Napoleons determination to destroy British power
and make himself master of the continent. By then, three of his armies had
taken up positions in northern Spain, ostensibly in order to invade Portu-
gal and terminate its alliance with Britain. Godoys attempts to appease
the French had increased the already incandescent hatred of him that had
arisen years before, as Carlos IV and Queen Mara Louisa endowed the
upstart member of the Royal Guards with extravagant titles and increasing
power. Both civilian and military opposition to Godoy coalesced around
the person of the crown prince, Fernando, forcing Carlos IV to remove
Godoy from his civil and military commands. The next day, the king
himself was persuaded by Fernandista agents at court, popular riots, and a
military rebellion to abdicate in Fernandos favorthe famed Motn de
Aranjuez, the first time the army . . . assumed its classic role as the arbiter
of Spanish politics.
134
On 23 March, Marshall Joachim Murat and French
troops occupied Madrid. By the beginning of May, both Carlos IV and
Fernando VII were prisoners of Napoleon in Bayonne. But the people of
Madrid took to the streets once again, and on 2 May some of them were
brutally massacred by Murats troops; the events of that day were depicted
by Francisco Goya in one of the most powerful and moving paintings of
the nineteenth century. Although the Spanish army defeated the French
at Bailn, it had little subsequent success until it began operating under the
orders of Britains Duke of Wellington, whose army had come to the aid
of Spain. Guerrilla warfare was another story. There the Spanish people
confounded Napoleon and his troops, inflicting serious damage on an army
that was the scourge of Europe.
As is often the case in war, governance in Spain was as hotly contested
as any field of battle. On 6 June 1808 Napoleon declared that his brother
Jos Bonaparte would henceforth be king of Spain, ruling with the aid of
146 deconstructing legitimacy
133. Carrera Pujal, Historia de la economa espaol, 4:550; Cabildos instructions to Jos Silva y
Olave, 11 Oct. 1809, agi-Lima, leg. 802; Nieto Vlez, Historia del fidelismo, 14.
134. Charles J. Esdaile, The Spanish Army in the Peninsular War (Manchester: Manchester
University Press, 1988), 68.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 146
a puppet government that included, at least initially, former ministers of
state and well-placed bureaucrats.
135
By then, cities and towns throughout
Spain were establishing local Juntas de gobierno in defiance of Napoleon
and the afrancesados who had usurped Fernando VIIs throne. Several of
the juntasnotably the one established in Sevillaclaimed to govern Spain
and her empire in the name of the captive King Fernando VII; it was
followed by a regency that was forced to flee to Cdiz as Napoleons troops
overran the peninsula.
While the kings vasallos de Espaa were busy fighting Napoleons army,
some of them were also reinventing their government. Instead of rule by a
corruptible royal favorite, or even by a capricious king and council, they
proposed to subject themselves to a written constitution and the rule of
law. An elected legislaturethe Cortesdeclared itself sovereign, the source
of the laws that were to govern both the metropolis and the colonies.
Opposition to these arrangements was by no means mild or mute. At first
known as serviles, then as absolutists, members of the opposition fought
to prevent what they perceived as a second usurpation of the kings rights,
his sovereignty. The liberal project to install a limited monarchy and a
constitutional government in Spain was, in their opinion, illegitimate.
The effect of constitutional conflict in Spain on the governance of her
American colonies was profound. In Peru, limeos joined public debate
on legitimacy to their customary noncompliance as weapons in the campaign
to sabotage the Bourbon reforms. Much of the debate focused on commerce,
which served as a surrogate for discussions of the legitimacy of colonial
rule by bureaucrats like Viceroy Abascal, appointed by the discredited
government of Carlos IV and Godoy. As they had in Guiriors and Croixs
time, the debates involved a great many members of Limas economically
active elite, but this time the factions were able to disseminate their argu-
ments more widely, thanks to the Spanish Cortes 1810 decree establishing
freedom of the press. Gaspar Ricos periodical, El Peruano, played a criti-
cal role in the debates, not only on the subject of Abascals rule but also
on trade policy.
136
Commercial policy was closely linked to regime survival for the obvious
reason that the crown depended heavily on income from taxes on American
sabotaging reform 147
135. The most accessible account in English of these events is in Gabriel H. Lovett, Napoleon
and the Birth of Modern Spain, 2 vols. (New York: New York University Press, 1965), 1:85132. See
also Toreno, Historia del levantamiento, 1:1428.
136. El Peruano was published in Lima from 6 Sept. 1811 to 9 June 1812: Martnez Riaza,
Prensa doctrinal, 32.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 147
commerce. Threats to their collection were taken seriously.
137
During the
ten years that Fernando de Abascal served as viceroy (180616), the fiscal
problem came to be directly related to the question of direct trade with
foreigners, and as such it became the source of increasing political conflict
between limeo and metropolitan merchants. Escalating military expendi-
tures at a time when revenues from taxes on trade were dropping created a
serious problem for the viceroy, who was engaged in military actions against
independence-minded governing juntas in Buenos Aires, La Paz, Santiago,
and Quito. But unlike his colleagues in other parts of America, Abascal
would not consider opening Callao to foreign merchants who lacked royal
licenses.
138
Instead, with the viceroys support, the metropolitan merchants
continued the old practice of dealing with fiscal problems and limeo grie-
vances by modest modification and manipulation of the practices mandated
by the Reglamento of 1778, not by major changes in its fundamental premises.
Three cases from 1809, 1810, and 1812 illustrate the point.
On 11 October 1809, the cabildo of Lima drew up instructions for Jos
Silva y Olave, Perus deputy to the Junta central then governing Spain in
the absence of Fernando VII, held captive in France by Napoleon. The
instructions called for a number of political and economic reforms, including
an end to state monopolies of commodities such as brandies and mercury.
The true benefit of king and vassals, the cabildo wrote, consists in a
free commerce that promotes honest and honorable work, that multiplies
exchanges and yields prodigious revenues from legitimate taxes, such as
the alcabala and almojarifazgo. But the cabildos appeal for freer trade con-
cerned only trade within the Spanish empire, and that on terms that would
have been acceptable to the eighteenth-century Bourbon reformers. When
it came to external trade, the cabildo opposed change, waxing eloquent in
its opposition to direct commercial contact with foreigners. Prior to Godoys
ascendancy, it claimed, no foreigners could engage in the Atlantic trade
even if they were naturalized citizens; nor could their sons engage in that
148 deconstructing legitimacy
137. In 1803, for example, Viceroy Avils was harshly rebuked by the crown for permitting
Domingo Ramrez de Arellano and his fellow shipowners to get away with refusing to pay the
newly increased taxes on the export trade out of Callao: Domingo de Grandallana to Jos
Antonio Caballero, copying for him a real orden sent to the viceroy of Peru, Aranjuez, 13 June
1803, agi-Lima, leg. 1009; Grandallana to Soler, Aranjuez, 22 May 1803, agi-Indif. gen., leg. 1891,
and the expediente in agi-Indif. gen., leg. 1892.
138. Jos Fernando de Abascal y Sousa, Memoria de gobierno, ed. Vicente Rodrguez Casado
and Jos Antonio Calderon Quijano, 3 vols. (Sevilla: Escuela de Estudios Hispano-Americanos,
1944), 1:200201, 41923, and Abascal to Primer Secretario de Estado, 23 May 1812, agi-Lima,
leg. 1014-B.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 148
trade. But Godoys policies had altered previous practice, and with the
increased presence of foreigners, the trade of Spanish merchants had declined.
The foreigners brought with them unethical commercial practices and sub-
versive ideas. Moreover, many of the foreigners were passing themselves
off as Spaniards, having forged their baptismal certificates and other
qualifying documents: The hidden enemy does immense damage. The
cabildo demanded that all foreigners be removed from America, even if
Godoy had granted them special licenses to trade or appointments to office;
Frenchmen, especially, should be exiled from both Spain and America, no
matter how long they had been resident there.
139
There was nothing new
here with which to confront the changed circumstances of Napoleonic
Spain or revolutionary America.
Although an 1810 petition by the cabildo of Lima addressed the fiscal
problem with a proposal for direct trade with foreigners, it did so in the
same spirit as it had demonstrated in the case of Silva y Olaves instruc-
tions. The petition seeking permission to auction off six licenses to trade
from Callao . . . to Canton or the Coast of Coromandel and Malavar was
similarly dismissive of limeo grievances.
140
Only nine of the twenty-two
regidores signed the petition, and three of them were among the most
powerful metropolitan merchants of Lima. They were careful to argue their
case in terms that were in keeping with crown policy to preserve the trade
of the kings vasallos de Espaa, who had benefitted from the provisions of
the Reglamento of 1778. Direct trade with Asia, limited to six expeditions,
would do no damage either to peninsular commerce or to the Filipinas
Company, they claimed, because neither would be able to supply the vice-
regal market during and immediately following the peninsular war. Costs
to consumers would be reduced, making it possible for legal imports to
compete with contraband. By no means least important was the argument
that the treasury would gain more than four million pesos in revenue in
the six years during which the licenses would be valid. Significantly, bids
would be accepted only from those merchants of the best reputation who,
sabotaging reform 149
139. Cabildo to Jos Silva y Olave, 11 Oct. 1809, agi-Lima, leg. 802; Lista de los franceses que
se remitan a Espaa bajo partida de registro, 23 June 1810, agi-Lima, leg. 1016; Nieto Vlez,
Historia del fidelismo, 9496, 100102.
140. Acta, Cabildo de Lima, 23 Nov. 1810, ahml-Cabildo, Libro 43. The council was to
auction off one license annually, use the proceeds to pay its debts, and thus be in a better position
to contribute to the war effort. Each of the six expeditions was to carry 500,000 pesos in specie
and all the territorial products that were judged to be salable in those places. They were to pay
only those duties collected on exports from the peninsula, plus the derechos de crculo owed by
peninsular merchants trading from foreign ports to America.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 149
by their conduct and patriotism, have achieved the most respected positions
in the opinion of the public and who have been victims of the disasters
suffered by the maritime trade of this capital during the last two wars with
Great Britainthat is, the metropolitan merchants whose Atlantic trade
had been interrupted by war.
As the cabildos petition demonstrated, metropolitan merchants were
loathe to tamper with the system whereby foreigners were officially excluded
from the colonial trade. Instead, they supported viceregal decrees exploiting
the well-established practice of granting privileges and issuing special permis-
sions to Atlantic-trade merchants. Gaspar Rico was a prominent supporter
of this position. In 1812, he was a member of a commission appointed by
Abascal to study the viceregal economy and come up with suggestions for
making Peru more prosperous, thereby increasing revenue from taxes on
economic activity. Part of the commissions report was summarized in 1815
by Dr. Hiplito Unanue, the protomdico of Peru and friend of Abascal
who had gone to Spain as Arequipas delegate to Cortes. The report called
for an end to foreign exploitation of the whale fisheries off the coast of
Peru. According to the calculations of expert merchants of Lima, Unnue
wrote, the English, Europeans, and Americans export annually products
valued at nine million pesos fuertes derived from the whale fishery, which is
double that produced by the gold and silver mines of Peru.
141
But behind
that summary lay two short declarations by two groups of merchants who
were members of the commission, in one of which Gaspar Rico and men
associated with the Cinco Gremios figured, and the other comprising the
factor of the Filipinas Company, Pedro de Abada, and his associates.
142
Both groups agreed with Abascal that foreign exploitation of a rich Peru-
vian resource was a scandal, but they disagreed on the means by which the
foreigners could be displaced. Rico and his friends suggested that the con-
sulado should establish a privileged whaling company that would become,
perhaps, with time, a new fount of wealth for this country, and the foundation
of a navy capable of protecting its commerce and navigation.
143
Abada
150 deconstructing legitimacy
141. Hiplito Unanue to Excelentsimo Seor [i.e., the Peruvian-born duke of San Carlos,
advisor to Fernando VII], Madrid, 15 Oct. 1814, cdip-Tomo 7, 1:450. In July 1797, Viceroy Ambro-
sio OHiggins had urged Manuel de Godoy to include a clause in the peace treaty with England
by which British whalers would be forbidden to fish off Peru: Vargas Ugarte, Historia . . . siglo
xviii, 2:5758.
142. cdip-Tomo 7, 1:45355.
143. Informe de Joaqun Mara Ferrer, Gaspar Rico, Francisco Inda, Martn [Prez de]
Cortiguera, and Martn Guisarola to Consulado, 22 Jan. 1812, cdip-Tomo 7, 1:453.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 150
and his friends, by contrast, drew attention to an existing royal order per-
mitting anyone to engage in commercial fishing, but likened it to removing
the shackles from only one leg and demanding that a man run with the
other leg in irons. More was needed, and Abadas group proposed that,
instead of a privileged company, obstacles to investment by anyone willing
to risk his capital be removed and replaced by incentives. No official
permission should be required, and tax relief should be offered while the
fishery was being developed. The secret, they wrote, does not lie in
issuing many orders, but in freeing people to act.
144
The canny Abascal
forged a compromise that satisfied both parties: he invested in the whaling
company being formed by local entrepreneurs without express royal per-
mission, and he also sought crown approval for the project, which failed
before Madrids favorable ruling was issued on 15 July 1815.
145
Projects like abolition of internal monopolies and granting special per-
missions to trade to Asia or establishing a state-sponsored whale fishery
might have generated more revenue in the long run, but Abascal needed
cash immediately. His efforts to find enough money to cover the viceregal
governments current expenses were sabotaged, however, by the Spanish
Cortes. In 1811, Cortes abolished Indian tribute. Suddenly, more than
1,200,000 pesos annuallyabout one-third of total revenueswere no longer
available.
146
Abascal was furious: As a result of the extinction of tribute,
this government is left without the means to defray the mountain of
expense required by the extraordinary circumstances of the day, he wrote
to the crown. Revenues from tribute could not be replaced by taxes on
economic activity in the viceroyalty, he declared, because of the almost
sabotaging reform 151
144. [E]l secreto no est en mandar mucho, sino en dejar hacer. cdip-Tomo 7, 1:45455.
There is no evidence that Abada had read Adam Smiths Wealth of Nations; it is more likely that
he was familiar with the writings of Gaspar Melchor de Jovellanos, who had read Smith: Herr,
Eighteenth-Century Revolution, 37678.
145. Abascal to Ministro de Marina, 8 Oct. 1812, agi-Lima, leg. 743; Informe de mesa, 17
Mar. 1814, summarizing Abascals Exposicion en que manifiesta el estado poltico y econmico
de las provincias del Per of 30 Sept. 1813, agi-Lima, leg. 1010; Real orden, Madrid, 15 July 1815,
cdip-Tomo 7, 1:46768. A typographical error mistakes the year 1815 for 1819.
146. Abascal to Ministro de Hacienda, 4? Sept. 1811, agi-Lima, leg. 741; Abascal to Ministro
de Hacienda, 25 Feb. 1813, cdip-Tomo 22, 1:278, gives the annual value of Indian tribute as
1,272,548 pesos. For the amounts collected annually between 1800 and 1811, see Fisher, Government
and Society, appendix 4. The decree of Cortes in Spain abolishing tribute was dated 13 Mar. 1811; it
reiterated an earlier decree abolishing tribute, issued by the first Consejo de Regencia on 26 May
1810: Eyzaguirre to Abascal, 29 Oct. 1812, agi-Lima, leg. 744; El Consejo de Indias en
cumplimiento de las reales rdenes de 17 de agosto y 16 de noviembre . . . consultase lo que
creyera justo en quanto al pago u exencin de tributos, 22 Dec. 1814, agi-Indif. gen., leg. 803.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 151
total interruption of commerce, the revolutions in neighboring jurisdictions,
the slowdown in working the mines, textile factories, and other enterprises
of the inhabitants of this kingdom, many of whom are serving under
arms. . . . All this and much more that could be cited, he added, should
have been kept in mind before discussing matters as serious as tribute, in
ignorance of the difficulties that would result from the absence of the
most abundant and perhaps the only revenue presently available to this
royal treasury.
147
Thus, with abolition of Indian tribute, the scramble for
revenuecharacteristic of the last years of the colonial regimebegan in
earnest, creating yet more political conflict in its wake.
Opposition to increased taxes or to the imposition of new levies on
commerce was hardly new to Peru, but abolition of tribute provoked a
discussion that quickly led to open dissent from the viceroys fiscal policies.
Dissent manifested itself not only in articles in the newly free press, but
also in debates in the cabildo. A fundamental issue was at stake when the
cabildo denied that local authorities had the power to impose or modify
taxes; only the autoridad soberana possessed that power, and it had not
been delegated either to the viceroy or to the cabildo. Nevertheless, given
the circumstances in war-torn Spain, the cabildo, declaring itself to be the
Father and Protector of the people,
148
accepted the responsibility to issue
an opinion on a subject formerly reserved to the king. It did so by adopting
the report of its sndico procurador, Ignacio de Orue. Inevitably, Orue pointed
out, Lima alone would be called upon to supply the funds essential to
making up the deficit, leaving us in worse condition than the Indians or
the poverty-stricken residents of other provinces. This was an unacceptable
reward for Limas fidelity to Spain. As a practical matter, too, Orue doubted
that taxes could be raised even on luxury goods; they were already heavily
taxed, and therefore often supplied by the contraband trade. Increasing
taxes, he insisted, would deepen the recession, thereby further reducing
revenue. Moreover, the cost of collecting new taxes, and the endemic fraud
associated with tax collection in general, would prevent any growth in
revenue. And because Abascal did not have the authority to impose new
152 deconstructing legitimacy
147. Abascal to Primer Secretario de Estado, 23 May 1812, agi-Estado, leg. 74. On 1 Mar. 1815,
after Fernando VII was restored to the throne, Indian tribute was reestablished, but Abascal
warned that he would probably have to use force to collect it: Informe de mesa, 15 Sept. 1817, agi-
Lima, leg. 613; Abascal to Secretario de Estado y del Despacho Universal de Indias, 23 June 1815,
agi-Lima, leg. 751.
148. Acta, Cabildo de Lima, 29 Oct. 1811, ahml-Cabildo, Libro 42. This declaration comes
perilously close to espousing the idea of local sovereignty that underlay the formation of juntas de
gobierno in both Spain and America during the Napoleonic captivity of the king.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 152
taxes, Orue declared, it was impossible to consider tribute, contributions,
pechos, or duties in this realm as a way to alleviate the fiscal crisis.
149
Where,
then, was Abascal to find the money to contribute to the war effort in
Spain, pay the troops in Peru, or meet the other expenses of the viceregal
government, except by contributions, or by raising existing taxes and creating
new ones? But, in the face of Orues and the cabildos opposition, how could
he invest his revenue-raising edicts with enough legitimacy to ensure com-
pliance on the part of citizens whose purses were to be raided?
Thanks in part to Gaspar Rico and other journalists of the day, Abascal
has been portrayed in Peruvian history as a despot, adamantly opposed to
the liberal government of French-occupied Spain. By his own admission,
he exceeded the limits of his official powers, and Vicente Morales y Durez,
Perus delegate to Cortes, was among those who called for his replacement
by a man more willing to obey the decrees of the new constitutional govern-
ment.
150
There is no doubt that two measures of the liberal Cortesthe
1810 declaration of freedom of the press
151
and the abolition of Indian
tribute in 1811were particularly galling to Abascal, and he made no effort
to hide his displeasure with them. In 1816, two years after Fernando VII
had been restored to the throne, he declared his more general opposition in
language that echoed that of the kings royal order of 4 May 1814 abolishing
the Constitution of 1812 and declaring all the acts of Cortes null and void.
152
Nevertheless, Abascal insisted that, while Spain was ruled by Cortes and
Constitution, he had observed all its laws to the letter.
153
When it came to
governing Peru in the absence of the king, however, he found that he did
not need to step far away from the practice that had long sustained Spains
sabotaging reform 153
149. Ignacio de Orue to Abascal, 26 Oct. 1811, ahml-Cabildo, Libro 42. Orues report was
copied into the minutes of the cabildos meeting of 29 Oct. 1811. There was a serious effort to
collect a voluntary contribution from the Indians to alleviate the fiscal crisis: Miguel de
Eyzaguirre to Abascal, 29 Oct. 1812, agi-Lima, leg. 744.
150. Abascal, Memoria de gobierno, 1:198; Marie-Laure Rieu-Millan, Rasgos distintivos de la
representacin peruana en las Cortes de Cdiz y Madrid, 18101814, Revista de Indias 48 (1988):
51011; Ruben Vargas Ugarte, Histria del Per: Emancipacin (Buenos Aires: Imprenta Lpez,
1958), 121.
151. O. Carlos Stoetzer, El pensamiento poltico en la Amrica espaola durante el perido de la
emancipacin, 17891825, 2 vols. (Madrid: Instituto de Estudios Polticos, 1966), 2:195. Freedom of
the press was incorporated into Title 9 of the Constitution of 1812.
152. Abascal, Memoria de gobierno, 1:43948; Mara del Carmen Pintos Vieites, La poltica de
Fernando VII entre 1814 y 1820 (Pamplona: Studium Generale, 1958), 1027. Abascal received a
copy of the real orden on 6 Oct. 1814. Freedom of the press came under particularly harsh
condemnation after Fernando VIIs restoration: see Consejo de Indias to Ministerio Universal de
Indias, 11 Aug. 1814, agi-Indif. gen., leg. 803.
153. Abascal, Memoria de gobierno, 1:43948.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 153
monarchythe practice of legislating with the advice of a council. Some
of his policies reflected attempts at consensus-building with a body of
admittedly hand-picked advisors most of whom, of course, were reluctant
to oppose the viceroy; those who did were rebuked. Thus, to legitimize
the imposition of new taxes, Abascal created a solemn junta of all the
tribunals, chiefs of bodies and offices, and all the most important people
of this capital, which in turn appointed a ways-and-means committee
charged with finding resources to make up the deficit to be expected from
abolition of tribute.
154
The Junta de arbitrios (ways-and-means committee)
proposed several measures that pleased both the viceroy and the metropoli-
tan merchants: increasing the price of tobacco and the taxes on goods
imported via Guayaquil, which had recently been returned to the viceroyalty
of Peru. The commission also proposed closing minor ports, requiring all
imports from Acapulco, Mexico, and Panama to enter Peru via Callao;
imposing a 6 percent tax on candle wax and indigo; and permitting direct
trade in Peruvian products exported in Spanish ships to allied and neutral
ports, with the obligation to touch Cdiz or another peninsular port to
validate the registers that would be presented in Callao. Finally, the commis-
sion issued yet another call to the authorities to control contraband.
155
Up to this point, the Junta de arbitrios was keeping close to precedents
for revenue collection and international trade. Although the proposal for
direct trade to any foreign port in local products went farther than previous
proposals, it still called for trade in Spanish ships by metropolitan merchants,
not their limeo rivals. Metropolitan merchants in Lima would also benefit
from restrictions on trade via ports like Guayaquil and from measures to
compensate for the higher costs associated with importation by way of
Cape Horn. And the junta did not support direct trade with foreigners
anchored in Peruvian ports.
Thanks to the edict establishing freedom of the press, however, the delib-
erations of Abascals juntas were not kept confidential, and the arguments
in favor of alternate policies found their way into the public domain.
Three menGaspar Rico, Ignacio de Orue, and Miguel de Eyzaguirre
154 deconstructing legitimacy
154. Abascal to Ministro de Hacienda, Sept. 1811, agi-Lima, leg. 741. This junta was
convened prior to Cortes edict abolishing tribute and in response to pressure from steps taken by
revolutionaries in Buenos Aires and Santa Fe.
155. Informe de mesa, 23 May 1812, agi-Lima, leg. 1014-A; Expediente de arbitrios
propuestos y ledos en junta general de tribunales para reponer al erario y subvenir a sus cargos
por falta de tributo de los Indios, 6 Dec. 1811, bnp-mss, D-251 (the document is damaged by fire
and water, but most of it is legible).
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 154
raised their voices in opposition to various aspects of the policies proposed
by Abascal and his Junta de tribunales. Orue and Eyzaguirres objections
served the interests of limeos, while Ricos counter-proposal derived from
his adamant refusal to respect the authority of one of Godoys creatures,
none other than Abascal himself.
Always willing to challenge a viceroyespecially one who had been
appointed during Godoys ascendancyRico downplayed the severity of
the fiscal crisis and defended the decision of Cortes to abolish Indian
tribute. In articles published in El Peruano, Rico argued that revenues
adequate to meet the governments needs could be found even in the
absence of tribute, and without changing the rules for the regulation of
trade. In the first place, he wrote, government accounts were a mess; if
disorder, incompetence, and corruption in the offices of the viceregal
treasury were eliminated, the resources at the governments disposal would
be revealed to be greater than the viceroy thought. Furthermore, if the
capricious and contradictory tax regime imposed by Carlos IV and Godoy
were reformed, returning it to the system developed by the virtuous sovereign
Carlos III in consultation with local authorities, economic activity in Peru
would once again increase and yield more revenue. Under Carlos IV, he
wrote, taxes and ordinary duties became robbery. Although he admitted
that current revenues were inadequate, he insisted that the high level of
military expenditure was a temporary phenomenon, and should not serve
as an excuse for resorting to loans or donations from foreign countries, too
often repaid with proceeds from licenses to trade directly to America.
156
In
the immediate emergency, however, the Filipinas Company should loan
the government a substantial amount of money, given that, according to
Rico, the Lima factora had about a million pesos cash on hand.
157
(Ricos
information was remembered: in 1815 the Filipinas Company was ordered
to supply 40,000 pesos of the 100,000-peso loan Abascal demanded from
the consulado.)
158
In addition, Rico declared, one bold measure would
yield immediate cash and solve the revenue problem permanently, if the
government could muster the courage and the power to impose it: estab-
sabotaging reform 155
156. El Invisible (i.e., Gaspar Rico), in El Peruano, no. 11 (11 Oct. 1811), cdip-Tomo 23,
2:8587, 89.
157. El Peruano, no. 11 (11 Oct. 1811) and no. 27 (6 Dec. 1811), cdip-Tomo 23, 2:91, 257. See also
Orue to Viceroy, as copied into the minutes of the cabildo of Lima (Acta, 19 Jan. 1811, ahml-
Cabildo, Libro 42), where he laments the radical decline in commerce, stating that the Filipinas
company is the only one trading.
158. Acta, Junta de comercio, 25 Feb. 1815, and El Contador general de Indias informe, 18 Nov.
1818, agi-Filipinas, leg. 994.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 155
lishing on a trial basis the single tax on persons, and not on consumer
goods. A capitation tax was neither new nor impossible to collect in Peru,
he claimed; if it were established at the rate of a single peso per month,
it would yield six million, an amount . . . never before seen in this king-
dom.
159
Moreover, it would spread the tax burden across the entire popu-
lation, instead of making commerce and the merchants engaged in it solely
responsible for the support of government.
160
Ricos proposal was not seriously considered by Abascals Junta de tribu-
nales, possibly because it bore too close a resemblance to the outlawed
Indian tribute. The cabildo found it especially offensive. The very idea of
increasing any taxes on the non-Indian population would lead to a
situation where Indians would be exempt in order to convert Spaniards
into tribute-payers, or with taxes and fees imposed on them, [Spaniards]
would become oppressed in order that the Indians could be free.
161
Ignacio de Orue, whose brother Domingo was a shipowner engaged in
the trade from Callao to Guayaquil and Acapulco,
162
attacked the metro-
politan merchants interest head-on. He denied that peninsular commerce
was being destroyed by Perus trade with Panama and the ports to the
north of Callao; the decline of the Atlantic trade was due to the political
situation in Spain. No one was forced to buy Panama goods; the fact that
they were of better quality and less expensive was the result of neglect of
local artisans, whose skills should have been developed by merchants. Orue
also had a recipe for doing away with contraband: there was no need to
prohibit trade in minor ports because simply firing corrupt bureaucrats
and replacing them with honest ones would take care of the problem. He
insisted that no changes could be made in taxes in Guayaquil, where limeo
merchants were acquiring imports out of Panama, without a lengthy hearing
on the subject. Orue was adamantly opposed to raising the already exhor-
bitant taxes on Peruvian trade,
163
even if they were intended to be temporary;
156 deconstructing legitimacy
159. El Peruano, no. 11 (11 Oct. 1811), cdip-Tomo 23, 2:91. Later, Rico suggested that a tax of
one real per month be collected by cabildos throughout the viceroyalty: El Peruano, no. 33 (24
Dec. 1811), cdip-Tomo 23, 2:325.
160. El Peruano, no. 27 (6 Dec. 1811), and no. 34 (27 Dec. 1811), cdip-Tomo 23, 2:261, 33334.
On Ricos quarrel with Abascal over Indian tribute, see Martnez Riaza, Prensa doctrinal, 24143.
161. Acta, Cabildo de Lima, 29 Oct. 1811, ahml-Cabildo, Libro 42. The belief that Indians
enjoyed privileges and protections superior to those granted to Spaniards also surfaces in a letter
from Pablo Porturas and Joaqun Bonet to Abascal, 11 Oct. 1811, agi-Lima, leg. 744.
162. Duplicados de registros, Feb.Mar. 1803, agi-Lima, leg. 726; Rico, Compendio de las tropelas, 34.
163. Abascal agreed that taxes were too high; see the Informe de mesa, 17 Mar. 1814, agi-
Lima, leg. 1010, summarizing Abascals Exposicin en que manifiesta el estado poltico y
econmico de las provincias del Per dated 30 Sept. 1813.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 156
promoting exports of Peruvian products would yield more revenue. Free
navigation from Peru to any friendly port might increase the value of exports
by as much as 1,300,000 pesos, he asserted. Finallyand most radically
Orue stated flatly that the Cortes newly declared equality between Spain
and America extinguished the old rules for the regulation of trade by which
only the kings vasallos de Espaa were permitted to engage in direct trade
with foreigners.
164
The Chilean lawyer-priest Miguel de Eyzaguirre, fiscal del crimen of the
Audiencia and protector of Indians, agreed with Orue on every point save
one: Eyzaguirre advocated opening Peruvian ports to foreign merchant-
men, as governors of neighboring jurisdictions had done. Peru alone, he
pointed out, had forbidden direct trade, which had been approved by the
crown in the present emergency: No one can claim that Peruvians, seeing
themselves less privileged than their neighbors, or needing to spend more
than before on consumer goods, will bear this suffering willingly.
165
Abascal found such propositions dangerous in the extreme. If he acceded
to them, It would be tantamount to decreeing the separation of these
Dominions from the Mother Country, he declared, since, once direct trade
with foreigners was established on the wide basis which they demand, the
fate of European Spain would matter little to them.
166
Eyzaguirre espe-
cially came under attack. In a letter to the minister of grace and justice,
Abascal questioned his loyalty: His discourses are ruled by an opinion
stubbornly opposed to everything that promises to alleviate [the fiscal crisis],
and one discerns certain expressions in favor of having relations and doing
business with the rebel provinces. This and other rulings by Eyzaguirre
led the viceroy to declare that the continued presence of this employee on
any American Audiencia is not convenient, but it was not until January
1815, after Fernando VII had been restored to the throne, that Abascal was
able to obtain a royal order exiling Eyzaguirre from Peru.
167
With direct trade with foreigners ruled out, Abascal had few options
open to him to deal with the fiscal problem, and none of them was
satisfactory. After elaborate consultation with his Junta de tribunales,
Abascal increased the price of tobacco, established new taxes, and raised
sabotaging reform 157
164. Acta, Cabildo de Lima, 26 Oct. 1811, ahml-Cabildo, Libro 42.
165. Eyzaguirre to Abascal, 9 May 1812, agi-Lima, leg. 793.
166. Quoted by Fisher, Government and Society, 154. See also Abascal to Primer Secretario de
Estado, 23 May 1812, agi-Estado, leg. 74.
167. Abascal, no. 297, to Ministro de Gracia y Justicia, 13 Oct. 1812, agi-Lima, leg. 977; Real
orden, 16 Jan. 1815, agi-Lima, leg. 604.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 157
taxes already being collected. He also demanded and got a voluntary
contribution from the merchants to support the army fighting in Alto Per,
to which Gaspar Rico contributed a mere 384 pesos. (At this time, Rico
was supporting establishment of a militia unit in Pisco and contributing
heavily to the formation of Limas Concordia militia regiment.
168
) Abascals
one point of compromise was to open an expediente on taxes collected in
Guayaquil on trade via Panama, as Orue insisted was necessary.
169
But, as
Orues criticism demonstrated, an increasingly vocal segment of limeo
opinion was emerging, one believing that the entire colonial compact,
including the rules for the regulation of trade, needed to be reformed.
Far more archival work needs to be done before we understand fully
the character, composition, and importance of this group, itself riven by
disagreement, and its relationship with like-minded groups in Spain. It is
clear, however, that the matter of direct trade with foreigners was one of
its central concerns. The starting point for its argument was the 1810 decla-
ration by the Cortes of Cdiz that the American colonies were an integral
part of the monarchy, and that Americans rights were equal to those of
peninsular Spaniards.
170
Manuel Lorenzo de Vidaurre, whose Plan del Per
was composed at the behest of Spains minister of grace and justice, dedicated
an entire chapter to arguments against the various forms of commercial
monopoly that deprived Americans of their natural right to trade on an
equal footing with the kings vasallos de Espaa. By excluding Americans
from the most lucrative branches of commerce and preventing them from
trading with foreigners, the crown was complicit in a grave injustice. This
is the monopoly of monopolies and the greatest injury and offense that
can be done to Americans.
Are we American Spaniards slaves of European Spaniards? Are
they to grow fat with our sustenance? If we are equally vassals of
158 deconstructing legitimacy
168. Razn de los individuos del comercio de Lima que han subscripto para mantener soldados
en el Ejrcito del Desaguadero a razn de 16 pesos mensuales cada soldado, agi-Lima, leg. 1551. In
all, 205 merchants pledged 79,385 pesosfar short of the sum previously collected in Indian tribute.
For Ricos other contributions to the war effort, see El Peruano Extraordinario, 26 Feb. 1812, cdip-
Tomo 23, 3:6382, and his Relacin de mritos y servicios, 23 Mar. 1824, agi-Lima, leg. 762; Acta,
Cabildo de Lima, 12 May 1812, ahml-Cabildo, Libro 42; Martnez Riaza, Prensa doctrinal, 86.
169. Informe de mesa, 23 May 1812, agi-Lima, leg. 1014-A.
170. Francisco Salazar Carrillo de Crdoba to Secretario de Estado y del Despacho Universal
de las Indias, Madrid, 17 Aug. 1814, agi-Lima, leg. 1018-B; Labra y Martnez, Presidentes
americanos, 85. The declaration, which had earlier been put forward by the Junta Central and the
Regency, was ratified by Cortes on 16 Oct. 1810. See also Timothy E. Anna, Spain and the
Breakdown of the Imperial Ethos: The Problem of Equality, HAHR 62, no. 2 (1982): 25472.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 158
the King of Spain, why should they be permitted to do what is
prohibited to us? . . . The European Spaniard sells American
products to foreigners at a large profit, compared to the price at
which they were acquired from the Americans. And why dont
the Americans reap such profit for themselves? . . . Americans
only want to engage in the same trade as Spain.
171
The Cortes decree declaring Americans equal to peninsular Spaniards
was followed by an edict of March 1811 permitting them to plant and
cultivate whatever nature and art permits in those climates.
172
On 8 June
1813, Cortes amplified the decree, declaring that all Spanish or foreign
residents may freely establish factories of whatever kind is convenient to
them, without the necessity of procuring permissions or licences . . . and
they can also engage freely in any industry or useful occupation, without
the need for examinations, titles, or incorporation into guilds.
173
The Peru-
vian delegates in Cdiz had high hopes that a new era of prosperity would
follow from this nullification of one of the principal tenets of the reformers
colonial policy: The ability to use [our resources] freely is a natural con-
sequence of the right to take advantage of whatever contributes to securing
our lives and prosperity. Usurped completely by the former despotic govern-
ment, it has recently been restored to us by the present just, magnanimous,
and enlightened one.
174
But Cortes stopped short of permitting union and equality to eradicate
peninsular privilege in the matter of the Atlantic trade. A proposal that
had been presented to Cortes by the American delegates on 16 December
1810, which would have allowed the merchants of Spanish America to
trade directly with foreign ports on the same footing as their peninsular
counterparts, was referred to a committee and later discussed in secret
sessions.
175
Atlantic-trade merchants on both sides of the ocean found it
sabotaging reform 159
171. Vidaurre, Plan del Per (1810), in cdip-Tomo 1, 5:11222. The periodical press also
inveighed regularly against monopoly and the exclusion of criollos from the Atlantic trade.
172. Mendiburu, Diccionario, 5:14850; Consulado to Jos Canga Argelles, 13 May 1812, agi-
Lima, leg. 1539.
173. Abascal, no. 94 to Secretario de Estado y del Despacho de la Gobernacin de Ultramar,
11 Feb. 1814, agi-Lima, leg. 649.
174. Juan de Berindoaga, Prospectus, El Peruano Liberal, Oct. 1813.
175. Mendiburu, Diccionario, 5:150, quoting from the letter by Perus delegates to Cortes to
the Cabildo de Lima, dated 23 Mar. 1811; Minutes of Cortes, 16 Jan. to 11 Oct. 1811, agi-Indif.
gen., leg. 2439; John Preston Moore, The Cabildo in Peru under the Bourbons: A Study in the Decline
and Resurrection of Local Government in the Audiencia of Lima, 17001824 (Durham: Duke
University Press, 1966), 20810.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 159
dangerous in the extreme, in part because it became entwined with a British
proposal to permit their merchants to trade directly with Spanish American
ports in exchange for mediating the quarrel between Spain and her rebellious
colonies.
176
The consulado of Cdiz hastened to set forth its objections to
colonial contacts with foreigners in the strongest possible terms: Without
any doubt, Spains future, her entire existence, depends on the resolution of
this article, because if as a consequence of its passage we lose the Americas,
and if those who live there are abandoned to the mercy of foreigners and
left to suffer under their laws, Spaniards of both worlds can renounce
forever all hope of independence and liberty. They warned that Cortes
was not authorized to concur in the destruction of our entire nation.
177
The two metropolitan merchants then serving as officers of the consulado
of Lima found the arguments set forth in the Informe of the Cdiz mer-
chants much to their liking, and had it reprinted in the Real Casa de Nios
Expsitos. By giving the Informe wide circulation in Peru, they were posi-
tioning themselves and their allies squarely in the camp of those who equated
opening the Atlantic trade to those who were not the kings vasallos de
Espaa with the destruction of Spain and the end of Spanish rule in America.
As the Peruvian jurist Jos de Baqujano later wrote, the Consulado of
Cdiz [was] the absolute dictator of the resolutions of the Regency and
Cortes, thanks to their arrogant power acquired by means of a paltry
loan of twelve or fifteen million pesos, which deprived the Motherland of
an annual revenue of thirty-five million that would have been collected had
American merchants been treated as equal to their peninsular counterparts.
178
The authors of the 1811 Informe of the consulado of Cdiz to which
Baqujano referredthe same one that had been reprinted in Limawere
anxious to define the meaning of equality in a manner that would preserve
their privilege to engage in the Atlantic trade to the exclusion of Ameri-
cans: The equality of rights conceded to the Americans does not imply that
they are to enjoy, or can enjoy, all the privileges of peninsular Spaniards,
just as it does not subject them to suffer the privations, calamities, and
injuries to which the latter find themselves exclusively exposed. The effects
160 deconstructing legitimacy
176. Costeloe, Free Trade Controversy, 212; Jaime Delgado, La Pacificacin de America en
1818, Revista de Indias, Ao 10, no. 39 (1950), 11.
177. Consulado de Cdiz, Informe dirigido a S.M. [i.e. Cortes] por el consulado y comercio de
Cdiz . . . sobre los perjuicios que se originaran de la concesin del comercio libre de los extrangeros con
nuestras Amricas (Cdiz, 24 July 1811; reprinted Lima: Real Casa de Nios Expsitos, 1812), 7, 13.
178. Baqujano, Dictmen . . . sobre la revolucin hispanoamericana, 48788. The sponsor
and publisher of Baqujanos Dictmen was the Peruvian-born duke of San Carlos, one of
Fernando VIIs closest advisors.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 160
of the war against Napoleon were borne only by peninsular Spain, they
wrote, but even within Spain itself certain provinces enjoyed privileges and
exemptions that were not available to others. Therefore, they argued,
equality is not absolute.
179
Gaspar Rico took that proposition for granted,
refusing even to acknowledge that Americans were at a competitive dis-
advantage in commerce: Where is there an ordinance forbidding those
born in America to engage in the commercial activities permitted to the
resident European? he asked. In El Peruano, he claimed that because
peninsular Spaniards who migrated to Peru did not have an equal oppor-
tunity to become landowners, and were therefore compelled to earn their
living from commerce, a much riskier enterprise, they were somehow
made equal to limeo merchants forbidden to engage in the Atlantic
trade. Europeans, he wrote, have been the ones sacrificed in America.
They had suffered disproportionately from bad government that had des-
troyed commerce, and they were the ones whose capital had been reduced
to nothing. The merchants [not the landowners] have been the victims of
the disorders.
180
The limeo reaction to this line of argument was mixed and, thanks to
Cortes declaration of freedom of the press in 1810, publicly aired. The
limeos argued that, at the very least, equality implied some form of
distributive justice: in El Peruano Liberal, Juan de Berindoaga denounced
the monopoly and excessive pretensions which have contended against
the liberty that ought to be granted to the commerce of America. He
insisted that limeos had not been granted their fair share of commercial
privilege: [O]ur ports cannot enjoy free commerce with the European
ports of foreign nations, because then the commerce of Spain, with which
we form a single whole, would be ruined. But . . . from the point of Cape
Horn to the Polar Circle of the Arctic, the two coasts of the great [Pacific]
ocean ought to be open to us; that is to say, the west coast of America and
the east [coast] of Asia.
181
If metropolitan merchants were to be allowed
exclusive rights to the Atlantic trade, then their American counterparts,
the limeo merchants, should have a comparable right to the trade of the
sabotaging reform 161
179. Consulado de Cdiz, Informe dirigido a S.M., 1415.
180. El Peruano, no. 16 (29 Oct. 1811), cdip-Tomo 23, 2:14748. See also the arguments of the
merchants of Cdiz in the Informe de la junta de diputados consulares, 26 Aug. 1817, agi-
Consulados, leg. 62, where they insisted that equality existed because, while Americans could not
receive European goods except by way of peninsular merchants, Spaniards could not acquire
American products from foreigners.
181. El Peruano Liberal, 10 Oct. 1813, 3233.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 161
other ocean, a trade in which they also felt themselves to be at a disad-
vantage, thanks to the Bourbon reforms. In 1814, a former prior of the
consulado, Jos Antonio de Errea, a powerful peninsular merchant who
was also Pedro de Abadas father-in-law, tried unsuccessfully to persuade
the consulado to support a petition to the crown calling for permission to
trade Perus agricultural products directly to foreign markets.
182
Others, like Orue, were more radical in their opinion. Several of the
periodicals published in Lima following promulgation of the Constitution
of 1812 reflected the idea that colonialism had ended, and that Americans
were now free, independent, and happy, as the pseudonymous Filpato
put it in El Verdadero Peruano.
183
If Americans were equal to peninsulars,
they, too, could trade directly to foreign ports in their own ships, and even
receive foreign ships in their ports, just as Spain did; otherwise, as Baqujano
wrote in 1814, the rights of Americans are not equal, but deformed.
184
After 1812, the periodical press in Lima accepted virtually without question
the idea that the newly promulgated Constitution had removed all distinc-
tions between Americans and peninsular Spaniards; Fernando Lpez Aldana,
in El Satlite del Peruano, went so far as to declare that those who denied
the absolute equality of residents of both hemispheres were subversives.
185
Gaspar Rico, as we have seen, attempted to make inequality disappear by
redefining it. But beginning in 1812, Rico was temporarily unable to contest
the issue in print, or to split hairs on the exact meaning of union and
equality. Viceroy Abascal had ordered El Peruano to cease publication and
had exiled Rico to Spain.
RIDDING PERU OF RICO
Since his return to Peru in 1801, Gaspar Rico had been at the center of
political conflict derived from commercial rivalry, and with the advent of
freedom of the press in 1810 his grievances found a public outlet in El
Peruano. Although the periodical was said to be published by a society
called the Tertulia del Campo, whose members never identified them-
selves,
186
Rico was almost solely responsible for its contents. He wrote all
162 deconstructing legitimacy
182. Errea to Prior and Consules, Real Tribunal del Consulado, 2 Apr. 1814, agnp-Con-
sulado, leg. 4.
183. As quoted by Martnez Riaza, Prensa doctrinal, 280.
184. Baqujano, Dictmen . . . sobre la revolucin hispanoamericano, 488.
185. Martnez Riaza, Prensa doctrinal, 17375.
186. Ibid., 32.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 162
but one of the editorials that appeared before February 1812 and all of
those appearing afterward, most of the essays (which he published under
a series of pseudonyms), and many of the communications from pseudo-
nymous readers. His constant theme was the reform of government
undertaken by the Spanish liberals, who wrote and promulgated the Con-
stitution of 1812. An enthusiastic supporter of the liberal political program,
he announced himself as el tribuno del pueblo and, to dramatize its meaning,
was seen to parade around the city decked out in an array of firearmsa
dangerous turn of affairs, given Ricos well-deserved reputation for a fiery
temper.
187
In El Peruano, Rico regularly attacked the absolutist regime,
blaming those he called the creatures of Godoy for the despotism that
had ruined commerce and caused the Americans to rebel. [E]verything
emanating from the sovereignty of Godoy and his creatures was so rotten,
he wrote, that we are still polluted by its effectsmay God make it disappear
from the face of the earth for the relief of those who wish to live and die
in a state of grace!
188
It was language like this that helped to persuade Abascal that Rico was
dangerous and had to be removed from Lima: [T]he greatest risk run by
those who reside in this hemisphere, he wrote, is that of falling into anarchy,
and in order to avoid it, disputes about the legitimacy of the governments
that have followed one on another ought not to be permitted. Abascal
pointed out that Ricos writings in El Peruano were having a serious effect
on commerce; out of fear that Rico might oust the viceroy, some penin-
sular merchants have sold their businesses here at a loss, and have sailed
for [Spain]; others are preparing to do likewise, and almost all of them
have decided to escape with their fortunes in the same way.
189
Although Abascal characterized Ricos ideas as revolutionary, Rico was
far from being a precursor of independence who later betrayed the cause,
as he has been pictured.
190
On the contrary, he was an ardent royalist whose
sabotaging reform 163
187. Informe de mesa summarizing an undated letter from Abascal, Cdiz, 31 July 1813, agi-
Lima, leg. 1016. Ricos hot temper had led to several fights, one of which resulted in his impri-
sonment by the alcalde ordinario, none other than Jos Gonzlez Gutirrez, father of the inter-
ventor count of Villar de Fuente: Informe de Juan de Dios Moreno, 16 Dec. 1802, Testimonio
general no. 21, Expediente sobre el conducto, agi-Lima, leg. 1620. See also Morales y Durez to
Directors, Cinco Gremios Mayores, 18 Dec. 1802, Testimonio general no. 21a, and Baqujano to
Diputados Directores, 26 Apr. 1803, Testimonio general no. 24b, both in Expediente sobre el
conducto, agi-Lima, leg. 1620.
188. El Peruano, no. 19 (8 Nov. 1811) and no. 24 (26 Nov. 1811), cdip-Tomo 23, 2:180.
189. Abascal to the Consejo de Regencia, 31 July 1813, agi-Lima, leg. 1016.
190. See, for example, Martnez Riaza, Prensa doctrinal, 87 n. 61.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 163
political writings in El Peruano reflected, sometimes openly and directly,
his mercantile interests. Rico was unlikely to regret the departure of rival
merchants from Peru, especially those who had supported intervention in
the affairs of the Cinco Gremios. His claim that the resources to defend
Spanish rule could be found in Peru was in support of his interest in pre-
venting foreigners from trading directly to the Pacific ports. His attacks
on Carlos IV, Queen Mara Louisa, and especially Godoy
191
had a great
deal to do with his admiration for the commercial reforms instituted by
Carlos III, in which the Cinco Gremios had an important role to play. In
his editorial in El Peruano of 17 April 1812, he celebrated news that Cortes
had abolished the trade monopoly of the Filipinas Company, permitting
Spaniards free trade with the Philippine Islands in national ships. These
orders are the greatest that could be wished for, he wrote. The magni-
ficent Spanish Constitution was to be crowned by measures to control
the insolent pride of the powerful and support the fruitful labor of honor-
able citizens. When he attacked the factor of the Filipinas Company,
Pedro de Abada, in print, slandering him as a French agent whose real
surname was Abadi, the bitter confrontation between Rico and the limeo
merchants allied with the Filipinas Company is clearly visible; if the charge
were proven, Abada might have been destroyed along with the Filipinas
Companys business in Peru, as Rico and the Cinco Gremios had been a
few years earlier.
192
(In fact, Pedro de Abada had been born in Valencia;
his brother, Francisco Xavier Abada, was a general in the Spanish army
164 deconstructing legitimacy
191. The most vitriolic attack was an extract from lvaro Flrez Estradas Exmen imparcial
de las disensiones de la Amrica con la Espaa (Cdiz, 1812), published in El Peruano, no. 10 (8 Oct.
1811), cdip-Tomo 23, 2:7980.
192. Rico (Espaol notorio, Castellano viejo) to Abascal, 11 Apr. 1812, agi-Lima, leg. 1016.
For the hostile attitude of Ricos group of Atlantic-trade merchants towards Abada and his
allies, see also Mendiburu, Diccionario, 1:55. Suspicion of the Filipinas Company and its agents
had surfaced in Spain soon after the Napoleonic invasion: In December 1809, Abascal had
acknowledged a letter from the minister of the treasury informing him that a new governing
board had been established for the Filipinas Company, and ordering him to make it known that
all communication from Martn Antonio Huisi, a director of the company, should be ignored
because he resides in Madrid among frenchmen: Abascal to Ministro de Hacienda, no. 367, 23
Dec. 1809, agi-Filipinas, leg. 993. The printed announcement of the names of new directors of
the Filipinas Company, dated 8 Apr. 1815, declared that Huizi and the companys comptroller,
Francisco Dufo, had been exiled as afrancesados, and that Lizaur had resigned: Archivo
Histrico, Banco de Espaa, Secretara 559. In 1809 another director, Bernardo Lizaur, who lived
in Cdiz, was accused of directing the correspondence of the gobierno intruso with our American
colonies. He was quickly exonerated: Conde de Cartaojal to Martn de Garay, Valdepeas, 28
Feb. 1809; Garay to Governor of Cdiz [Cartaojal], 2 and 7 Mar. 1809; Lizaur to governor of
Cdiz, 4 Apr. 1809; Governor of Cdiz to Garay, 5 Apr. 1809, ahn-Estado, leg. 62.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 164
fighting Napoleon and, in 1816, inspector-general of American troops.)
193
While venting his anger at the Filipinas Company, Rico created a firestorm
of political conflict in which seventy-six of Abadas friends and fellow-
militia officers (thirty-three of whom were matriculated in the consulado)
demanded that the viceroy close down El Peruano and punish its principal
contributor.
194
Rico alleged that Abascals action against El Peruano was
an example of the viceroys opposition to constitutional government and
its decree authorizing freedom of the press. But as Abascals eloquent defense
of his position made clear, and the continuing publication of nine other
more or less liberal periodicals demonstrated, closing down El Peruano had
more to do with Ricos attacks on his commercial rivals and rule by Godoys
creatures than it did with a decree of Cortes.
195
For his part, Abascal was
convinced that El Peruano existed for the sole purpose of providing Rico
with a vehicle for taking revenge on the viceroys, magistrates, and rival
merchants who had caused him grief during the intervention into the
affairs of the Cinco Gremios Mayores.
196
By mid-1812, Abascal had had enough of Ricos seditious mischief. In a
letter to the Spanish Regency, he explained why he had decided to exile
Rico to Spain with the admonition that in no circumstances, nor for any
reason whatever, should he return to this capital, nor to any other part of
America.
sabotaging reform 165
193. Abascal to the Regency, 8 Apr. 1812, agi-Lima, leg. 1016; Gaceta del Gobierno de Lima,
18161818, 3 vols. (Madrid: Ministerio de Relaciones Exteriores, 1971), 1:184, 23233; Wills of Pedro
de Abada, 21 Oct. 1807 and 11 Aug. 1820, agnp-Notarios, Escribano Ayllon Salazar, 1807; Lovett,
Napoleon and the Birth of Modern Spain, 2:58586. On two occasions, Franciscos conduct got him
in trouble: In 1808, he was investigated for treason because he had expressed doubts about Spains
ability to defeat Napoleon. In 1816, he was arrested because of a letter written to him by his
patron, Miguel de Lardizbal, that was highly critical of the king; Francisco forwarded a copy to
his brother Pedro in Peru, and it was intercepted and published by the Argentine insurgents.
Understandably, the directors of the Filipinas Company feared that the scandal might lead to
confiscation of his brother Pedros assets. See Josef Garca Palomo to Presidente, Suprema Junta
Central, Malaga, 3 Dec. 1808, ahn-Estado, leg. 45; and Directors, Real Compaa de Filipinas, to
Manuel Lpez Araujo, 20 Aug. 1816, agi-Filipinas, leg. 993; Michael P. Costeloe, Response to
Revolution: Imperial Spain and the Spanish American Revolutions, 18101840 (Cambridge: Cam-
bridge University Press, 1986), 1516, 68, 241 n. 54.
194. El Peruano, vol. 2, no. 14 (18 Feb. 1812), cdip-Tomo 23, 3:140, 16162; Carmen Villanueva,
Prlogo, cdip-Tomo 23, 2:xv; Abadas friends to Viceroy, 1 Mar. 1812, agi-Lima, leg. 1016. The
documentation on the case of El Peruano is in agi-Estado, Serie Cuba, Ao 1812, and in agi-
Lima, leg. 1016.
195. Abascal to the Regency, 8 Apr. 1812, agi-Lima, leg. 1016. Martnez Riaza, Prensa
doctrinal, 3241, discusses the periodicals published in Lima during the Napoleonic period.
196. Abascal, Memoria de gobierno, 1:43233.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 165
Don Gaspar Rico . . . was as far from possessing the knowledge
necessary to enlighten the public on any matter, as he was prone
to embrace every novelty and to insult those who opposed his
unruly passions; and lacking the depth necessary to succeed at his
caprice of passing for an enlightened man, he associated himself
with people who are angry with the government, and because of
their calamitous condition aspire to upset order so as to improve
their unfortunate luck. . . . Since September 1811, when this
periodical [i.e., El Peruano] began publication, the fatal effects of
his inflammatory articles have been manifest: the authorities have
been falling into disrepute; persons supporting the government
have been insulted; the complaints of the malcontents have been
repeated; and the tolerance with which I viewed such abuse of
the law . . . was ridiculed.
197
Abascals indictment of Rico calls to mind Avils complaint that, by his
bold and unrestrained talk, Rico declared plainly his lack of respect for
authority.
198
Abascal, who had initially criticized Avils handling of Rico,
had learned that his predecessors assessment of Ricos attitudes and acti-
vities was correct.
When Abada and his friends denounced Ricos articles in El Peruano
as subversive of the fundamental laws of the Monarchy, seditious, revolu-
tionary, and disrespectful of the legitimate authorities, Abascal was finally
provoked to act. He presented the case to the Junta de censura, as prescribed
by the law establishing freedom of the press, and claimed that he might have
limited himself to informing the Regency of Ricos intemperate writings
had it not been for the discovery of an impending revolt in Hunuco and
rumors of a forthcoming attempt to alter the order of this Capital.
199
The Hunuco revolt began as a protest by Indians and mestizos against
the economic abuses of subdelegates who owed their appointments to those
whom Rico called creatures of Godoy. It quickly developed into an attempt
to establish a local governing junta that, while loyal to the king, would
166 deconstructing legitimacy
197. Abascal to Consejo de Regencia, 31 July 1812, agi-Lima, leg. 1016; Register of the
Spanish warship Venganza, Havana, 3 Dec. 1812, agi-Lima, leg. 1016. For the viceroys defense of
his conduct during the controversy over freedom of the press, see Abascal, Memoria de gobierno,
1:43138.
198. Informe de mesa, Aranjuez, 14 May 1807, summarizing Avils letter of 8 July 1806, agi-
Cuzco, leg. 29.
199. Abascal to Consejo de Regencia, 31 July 1812, agi-Lima, leg. 1016. The case against Rico
can be followed in detail in the letters and reports preserved in this legajo.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 166
displace the previously constituted authorities, who were alleged to have
abandoned the town at the Indians approach.
200
Both aspects of the revolt
were entirely in keeping with Ricos opinions, freely expressed in El Peruano.
Moreover, Abascal knew that it would be all but impossible to prosecute
Rico in any court in Peru, thanks to his connections bought with large ero-
gations of the funds he had managed for the Cinco Gremios.
201
Exiling Rico
appeared to Abascal to be a prudent step: [A]lthough I am uncertain
whether Rico was the author [of the Hunuco revolt], I have good reason to
assume that he has contributed to it with his alarming pronouncements.
202
By the time the Regency issued its March 1813 ruling ordering Abascal
to lift the embargo on El Peruano, Rico was long gone from Peru; after
publishing a retraction of his calumny against Abada, he had sailed for the
peninsula in June 1812.
203
With Ricos departure political conflict derived
from commercial policy diminished but did not disappear. The periodical
press in Lima continued to print articles arguing for and against direct
trade with foreigners, notably one by Dr. Hiplito Unanue in which he
advocated trade between Peru and the United States.
204
Pedro de Abada
also suggested that direct trade between Callao and the new republic to
the north was essential: there was no market in Spain or England for Perus
principal exportstin, copper, cacao, and Peruvian barkand only the United
sabotaging reform 167
200. The mestizos were protesting orders to burn tobacco fields, planted in response to
Cortes declaration of 1810 permitting Americans to cultivate any crop they wished; the Indians
were, as usual, protesting the continued repartimientos imposed by the subdelegates. Fisher,
Bourbon Peru, 11314; Vargas Ugarte, Historia . . . Emancipacin, 3138.
201. Secretara de la Regencia, Minuta de informe a las Cortes, 26 Feb. 1813, agi-Lima, leg. 1016.
202. Abascal to Consejo de Regencia, 31 July 1812, agi-Lima, leg. 1016. Abascals good
reason is to be found in the confession of Fray Ignacio de Villavisencio, accused of writing
subversive lampoons posted in Hunuco, who testified that he had been inspired by the liberty
of articles published in El Peruano: cdip-Tomo 3: Conspiraciones y rebeliones en el siglo xix (Lima:
Comisin Nacional del Sesquicentenario de la Independencia del Per, 1972) vol. 2: La
revolucin de Hunuco, Pantahuas y Huamales de 1812, 4023.
203. Regency to Viceroy of Peru, Cdiz, 1 Mar. 1813, and Diego de la Pea Santander, Juez de
Primera Instancia, to the Regency, Cdiz, 2 June 1813, agi-Lima, leg. 1016. The retraction was
published in El Peruano on 8 May 1812, cdip-Tomo 23, 3:380; in it Rico alleged that he had new
information from reliable sources recently arrived in Lima. On 26 June 1812, before Rico set sail
for Spain, he appointed his cousin Toms Rico as his apoderado, charging him especially to collect
600,000 pesos that are owed me from the assets that belong to or might belong to the Company
of the Cinco Gremios Mayores of Madrid. agnp-Notarios, Escribano Mendoza, 18101812, 412.
The exact date of Ricos arrival in Cdiz is not known, but on 31 Jan. 1813 he published a
denunciation of Abascals conduct toward him in the periodical El Redactor: Martnez Riaza,
Prensa doctrinal, 107.
204. Martnez Riaza, Prensa doctrinal, 72; Harry Bernstein, Origins of Inter-American Interest,
17001812 (Philadelphia: University of Pennsylvania Press, 1945), 84.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 167
States promised to serve as an outlet for these commodities.
205
But when
Fernando VII was restored to the throne in 1814, he issued orders for the
renewed enforcement of the laws prohibiting direct trade with foreigners.
The old system of licenses and special privileges was officially reinstated,
one of which directly benefited the Filipinas Company: a royal order of 5
August 1814 extended its wartime privilege to trade directly to Callao
from Asia.
206
Other Peruvians urged the king to dispense with the peninsular mono-
poly of transoceanic trade to America. The American delegates to Cortes
who arrived after Fernandos restoration were asked to present written
summaries of their constituents petitions. The Peruvian delegates consistently
cited restrictions on colonial trade as the single most significant grie-
vance.
207
But the arguments in favor of a return to the policies embodied
in the Reglamento de comercio libre of 1778 carried the day with a crown
hard-pressed for quick cash. These measures exacerbated the quarrel in
Lima between those who demanded the legalization of direct commercial
contact with North America and Europe and those who insisted that the
old regulations governing both internal and external trade, and especially
the Atlantic trade, were essential to Spains recovery from the devastation
wrought by six years of war.
208
As Gaspar Rico expressed it, The Americas
can be the major source or at least an important part of the salvation of
Europe.
209
For a growing number of limeos, however, the salvation of
Spain was not to be purchased by further impoverishing Peru.
168 deconstructing legitimacy
205. Martnez Riaza, Prensa doctrinal, 248.
206. Real Compaa de Filipinas to Cristbal de Gngora, 1 Aug. 1814, and A los virreyes del
Per y Buenos Aires y al gobernador de Filipinas, 5 Aug. 1814, agi-Indif. gen., leg. 2440;
Exposicin de la junta de gobierno de la Real Compaa de Filipinas a la general de accionistas,
30 Mar. 1815, agi-Filipinas, leg. 993. agi-Lima 649 and 650 contain acknowledgments of a series
of reales rdenes exhorting the viceroy of Peru to enforce the trade laws.
207. Mariano de Rivero to Miguel de Lardizabal, 28 July 1814, agi-Lima, leg. 1020; Francisco
Salazar Carrillo to Ministro de las Indias, Madrid, 17 Aug. 1814, agi-Lima, leg. 1018-B; Informe
que de orden del Rey, han dado los seores diputados de la provincia de Lima, el Sr. Marqus de
Torre Tagle y el Sr. D. D. Francisco Valdivieso y Pradas, Madrid, 1815, amoz; El ex-diputado de
la provincia de Arequipa D. Mariano Rivero informe sobre sus solicitudes relativos a gracias, 15
Sept. 1817, agi-Lima, leg. 799; additional brief summaries in agi-Lima, leg. 613; and Mendiburu,
Diccionario, 5:150. The circular calling for information from the delegates was dated 24 May 1814:
Delgado, Pacificacin de America, 14. See also Rieu-Millan, Rasgos distintivos, 506.
208. Informe del Consulado [de Cdiz] al Ministerio de Hacienda, 22 Aug. 1817, agi-
Consulados, leg. 81; Pintos Vieites, Poltica de Fernando VII, 315.
209. El Peruano, no. 9 (4 Oct. 1811), cdip-Tomo 23, 2:71. The idea that American resources
were essential to Spains recovery remained an important part of loyalist thought in Peru even
after the declaration of independence: see Marqus de Valleumbroso to Crown, 16 Oct. 1822,
agi-Indif. gen., leg. 313.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 168
In 1816, four years after Gaspar Rico had been banished from Peru, the
elderly and ailing widower Fernando de Abascal was chased out of the
viceregal palace by Angela Zeballos y Olarra. Doa Angela was the for-
midable wife of the newly appointed interim viceroy, Field Marshal Joaqun
de la Pezuela, and she was determined to ready the palace for a splendid
reception to celebrate her husbands entrada solemne. Her scandalous behavior
shocked Lima society.
Pezuela himself arrived in Lima on 7 July 1816, after a sixty-seven-day
march from Cotagaita, where he was serving as commanding general of
the Army of Alto Per. He was escorted on his journey by a heroic corps
of richly uniformed light cavalry, worthy of comparison in gallantry with
the best European troops. On the outskirts of the city, the new viceroy
paused at Hacienda Maravilla, where the baston (staff of command), the
antique symbol of viceregal authority, was presented to him not by his
predecessor, as was customary, but by the naval commander Joaqun de
Molina, the highest-ranking officer then in Lima. Abascal was indisposed
and evidently angry at his premature eviction from the palace. (He took
refuge in the house of a friend.)
1
During his remaining time in Lima,
relations between the two men remained frigid. As Pezuela recorded in
his diary, The baston was the only thing [Abascal] delivered to me of the
authority he had exercised for eleven years, for neither on that day nor
during the months that elapsed until his embarkation [for Spain] did he
1. Juan Martn de Larraaga, Testimony on the overthrow of Pezuela, 5 Aug. 1867, bn-m,
Coleccin Fernndez Duro, leg. 1066, MS 20054
25
; Gaceta del Gobierno . . . 18161818, 1:429; Palma,
Tradiciones peruanas, 917.
F O U R
PREVENTINGINDEPENDENCE
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 169
give me a single political or military document, nor did he advise me
verbally about any developments having to do with the many matters . . .
that were pending when he transferred command to me.
2
Pezuelas entrada solemne took place a few weeks later, on 17 August.
3
It
was no trivial affair. The processions, ceremonies, and Church high masses
publicly invested the viceroy with the legitimacy and authority of office
and obliged the people to obey him as the kings representative. Once again,
however, Doa Angela found occasion to give offense: she suggested that
the cabildo should not be stingy with the weight of the golden keys to the
city, traditionally presented to a new viceroy at his entrada solemne. Pezuelas
rule was not off to a propitious start.
The new viceroys political capital was meager in spite of his distinguished
record on the battlefields of Alto Per. At Vilcapuquio, Ayohuma, and
Viluma he had defeated rebel armies dispatched by the independent govern-
ment of Buenos Aires, and had been promoted to field marshal in recog-
nition of his success.
4
But he was faced with an elite that was increasingly
wary of viceregal power, and indeed had taken many opportunities to subvert it
by noncompliance. Even loyal royalists were unwilling to offer unquestioning
obedience to the viceroy or, especially, to the rules for the regulation of
trade set down by the crown, which he was obliged to enforce. From the
beginning, Pezuela was confronted by a fractious and divided population,
and by factions of merchants determined to further their interests at their
rivals expense.
Gaspar Rico played a prominent role in the development of internecine
quarrels among the royalists. Although many had been glad to see him sail
for Spain in 1812,
5
their relief was short-lived. Early in 1818, Rico returned
to Lima. During the five years he spent in Spain, he had been acquitted of
the charges brought against him by Abascal, gained crown approval for a
project to establish a lottery in all of Spanish South America,
6
and retained
170 deconstructing legitimacy
2. Pezuela, Memoria de gobierno, 1718.
3. Ibid., 8687.
4. Hoja de servicios, Joaqun de la Pezuela, ihcm, Expedientes personales.
5. Including members of his wifes family who, according to Abascal, approached me
privately on various occasions, bathed in tears, begging me to exile as soon as possible a person
whom they feared would dishonor them by his criminal conduct: Abascal to the Regency, 31 July
1813, agi-Lima, leg. 1016.
6. Dictmen de Diego de la Pea y Santander, juez de primera instancia, Cdiz, 2 June 1818,
agi-Lima, leg. 1016. Ricos scheme to raise money for the royal coffers by means of a lottery was
approved by the crown in May 1817 (Rico to Marqus de Torre Tagle, Madrid, 23 May 1817,
amoz) and announced in Lima on 17 Nov. 1818; Real orden, Madrid, 3 July 1817, and Pezuela to
Crown, June 1818, both in agi-Lima, leg. 649; Juan Valentn Caadas to Miguel de Eyzaguirre, 8
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 170
his appointment as an honorary finance minister. Soon after his return to
Lima, he began to take part in the conflicts over commercial policy and
practice that his earlier activities had done so much to provoke.
7
Thereafter,
commercial conflict played an important role in the ultimately unsuccessful
effort to prevent Peruvian independence.
COMMERCE AND COLONIALISM
When Joaqun de la Pezuela succeeded Abascal as viceroy, Spain was at
peace, and the king had declared that the old rules for the regulation of
trade were once more in effect. Peru, however, was enjoying only a precarious
and intermittent peace following the defeat of Mateo Pumacahuas rebellion
in Cuzco. To the north, Quito and Guayaquil were in royalist hands. More
important, Chile had been restored to Spain with the defeat of the patria
vieja in 1814. But the former viceroyalty of Ro de la Plata remained defiantly
independent,
8
and it was from that corner of the colonial world that Perus
uneasy peace was disrupted by armed conflict. From 1811 until 1817, the
royalist army, comprised almost entirely of Peruvians (including its officer
corps), was frequently engaged in battling invaders from Buenos Aires and
putting down small-scale rebellions in the interior of the viceroyalty. The
kaleidoscopic nature of such warfare was frustrating in the extreme, espe-
cially to elites in Lima, accustomed to viceregal hegemony and, in the wake
of Tpac Amarus uprising, seriously unnerved by disorder. They blamed
the problem on disloyal Buenos Aires and demanded that the crown act
decisively to put down rebellion. In March 1815, Pedro de Abada, the
factor of the Filipinas Company, had been provoked to suggest that if a
Spanish expeditionary force did not soon move against Buenos Aires, what-
ever is done later will be useless, and like all of us with white faces, Spain
preventing independence 171
Dec. 1819, in Eyzaguirre, ed., Archivo epistolar, 33637; Manifiesto de D. Gaspar Rico, 17 Nov. 1818,
bnp-ms D-486. The lottery project became the focus of highly politicized anger in Lima; letters
and memoranda describing it are in agi-Lima, leg. 603. Jos Joaqun de Larriva made merciless
fun of Ricos lottery in his La Angulada and El Nuevo Depositario, in Manuel de Odriozola,
Coleccin de documentos literarios del Per, 11 vols. (Lima: Aurelio Alfaro, 186377), 2:61116.
7. The exact date of Ricos arrival in Lima is not known, but he sailed from Cdiz early in
September 1817: Rico to Torre Tagle, Cdiz, 22 Aug. 1817, amoz; Rico to Jos de La Serna,
Cuzco, 1 Apr. 1824, agi-Lima, leg. 762. Rico had petitioned unsuccessfully for permission to
return to Peru in 1813: Gracia y justicia to Juez de 1
a
Instancia de [Cdiz] D. Diego de la Pea, 10
Sept. 1813, agi-Lima, leg. 1016.
8. Argentina formally declared its independence on 9 July 1816, only two days after Pezuela
took office as viceroy of Peru, but the autonomist movement of 25 May 1810 is usually taken to be
the beginning of the nations existence.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 171
can take leave of this continent.
9
Pezuela agreed with him: The salvation
of these royal dominions, he wrote to Spains ambassador in Rio de
Janeiro, does not depend on the efforts that are made in this viceroyalty.
. . . Redemption must come via Ro de la Plata itself.
10
Until Buenos
Aires was reduced to obedience, rebellion would continue to plague Spains
possessions in South America.
Meanwhile, royalist Peru constituted the gravest threat to Argentine
independence. Defeated by Pezuela in their attempt to liberate Peru from
the interior, the Argentines turned their attention to Chile and the Pacific.
In January 1817, the Army of the Andes, commanded by Jos de San Martn,
crossed into Chile, and on 12 February defeated the royalists at Chacabuco.
Once again, Chile declared its independence, and this time the fledgling
nation had adequate resources at its command to fight off the royalists.
The insurgents were able to support Admiral William Browns raids on
Spanish shipping and, more important, Lord Cochranes successful attempt
to wrest control of the sea from Spain.
11
Like Abascal before him, Pezuela
dispatched an army to recover Chile for the king, and on 19 March 1818
the royalists defeated the rebel army at Cancha Rayada. But only a few days
later, on 5 April 1818, San Martns army turned the tables, defeating the
royalists at the battle of Mayp and sealing Chiles independence from Spain.
The military repercussions of the loss of Chile are obvious. As one of
the peninsular officers in the royalist army remarked, it was an event of
immense importance, fatal for Spanish arms.
12
Lima itself, not some remote
province in the Andes, was in danger of being attacked. As an American
observer reported, If General San Martn goes rapidly against Lima, the
172 deconstructing legitimacy
9. Abada to Directors, Real Cia. de Filipinas, 29 Mar. 1815, agi-Filipinas, leg. 993.
10. Pezuela to Conde de Casa Flores, 26 Aug. 1818, in Comisin Nacional del Centenario,
Documentos del Archivo de San Martn, 12 vols. (Buenos Aires: Imprenta de Coni Hermanos
191011), 5:2078. See also Acta, Junta particular de guerra, 1 Dec. 1818, MenP, Pezuela, Sig. 4, q. 4,
which speaks of the absolute necessity [of ] an expedition capable of recovering the territory of
the Viceroyalty of Buenos Aires held by the insurgents; for as long as this does not happen, the
War of the Americas will last a very long time and will consume whatever aid comes from
[Spain] in small portions.
11. Duke of San Carlos to Pezuela, London, 14 Jan. and 7 Feb. 1818, sim-Estado, leg. 8223;
Jos Toribio Medina, La expedicin de corso del comodoro Guillermo Brown en aguas del
Pacfico, Octubre de 1815Junio de 1816, Estudios histricos, biogrficos, crticos y bibliogrficos sobre
la independencia de Chile, comp. Guillermo Feli Cruz, 4 vols. (Santiago: Fondo Histrico y
Bibliogrfico Jos Toribio Medina, 1964), 4:15137; Vargas Ugarte, Historia . . . Emancipacin,
14852, 15561, 17279, 20913.
12. Andrs Garca Camba, Memorias . . . para la historia de las armas espaoles en el Per,
1809182 , 2 vols. (Madrid: Editorial-Amrica, 1916), 1:359.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 172
Kingdom of Peru will fall without much difficulties.
13
Pezuela was well
aware of the danger, and drew up detailed plans for confronting it. But it
was not until after San Martns invasion on 9 September 1820 that the vice-
roy had at his disposal an army capable of doing battle with the Ejrcito
Libertador on the coast of Peru.
14
Less obvious, and less discussed, are the political and economic reper-
cussions of the loss of Chile. They were significant. Jernimo de Valds, one
of the principal conspirators in the plot to overthrow Pezuela in January
1821, later claimed that the consternation that these losses caused in Lima
was extraordinary, and the circumstance that the immediate author of
them was [the viceroys] son-in-law gave rise to a public outcry against
General Pezuela, and without doubt the act of his separation would have
taken place earlier, had the emotion not been contained by fear that the
Army of Alto Per, which General La Serna had brought to a brilliant
condition, would not support that act.
15
The loss cost Pezuela a great deal
of support among the merchants. According to the consulado, when San
Martn took Santiago, the merchants immediate losses amounted to almost
a million pesos. The consulado noted that, thanks in part to the scarcity of
specie, merchants remaining assets consisted almost entirely of paper and
notations in their account books, most in the form of uncollectible debt.
16
The viceroy was aware of the high stakes involved in the loss of Chile,
especially for the merchants. In 1817, when he was trying to persuade the
consulado to contribute money to support the expedition to recover Chile,
he urged them to consider the magnitude of these assets. Involved is
nothing less than the restitution of the single territory left for your com-
merce, the only means of recovering to a certain degree from your past
preventing independence 173
13. W. G. D. Worthington, special agent of the United States to Peru, Chile, and Buenos
Aires, to President Adams, 1 July 1818, Diplomatic Correspondence of the United States Concerning
the Independence of the Latin American Nations, ed. William R. Manning, 3 vols. (New York:
Oxford University Press, 1925), 3:1719.
14. Acta, Junta general de tribunales, 4 May 1818, MenP, Pezuela, Sig. 4, q. 1; Pezuela to Casa
Flores, 26 Aug. 1818, Archivo de San Martn, 5:20710; Pezuela, Memoria de gobierno, 158, 248,
26364, 777; Pezuela to Mariano Ricafort, 18 Feb. 1820, MenP, Pezuela, Sig. 4, q. 8; Plan de
defensa de Lima y Plaza del Callao, 7 Aug. 1818, MenP, Pezuela, Sig. 9 (a copy is in Sig. 4, q. 3);
Pezuela to Comandante del apostadero del Callao, 20 Oct. 1818, MenP, Pezuela, Sig. 4, q. 3.
15. Refutacin que hace el Mariscal de Campo D. Jernimo de Valds del Manifiesto que el Teniente
General D. Joaqun de la Pezuela imprimi en 1821 a su regreso del Per, in Conde de Torata,
Documentos para la historia de la guerra separatista del Per (Madrid: Imprenta de la Viuda de M.
Minuesa de los Ros, 1895), 2:22.
16. Acta, Junta de comercio, 11 Apr. 1817, agnp-Consulado, leg. 24.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 173
losses, and the only channel through which you maintain a profitable circu-
lation of this countrys agricultural and industrial products.
17
In a letter
to the minister of war, Pezuela remarked on still more consequences of
Chilean independence:
Since Chile fell into the hands of the rebels, the people [of Lima]
suffer from the high cost of bread; [without Chilean tallow] the
poor and the working class have no way to illuminate their labor;
[landowners] profits are eaten up uselessly for the support of their
slaves, and the products of their lands are stored in their ware-
houses; the governments income has experienced a severe decline
that has reduced its power to act, and finally every class demands
that the country where they satisfied all their needs and carried
on their business be restored to them.
18
With Chiles independence, Perus principal trading partner became a
foreign power, recognized or not. The limeo merchants who traded in sugar
and wheat, as well as the metropolitan merchants who imported manufac-
tures by way of Cape Horn, stopping in Chilean ports on their way to
Callao, were in violation of Spains reinstated rules for the regulation of
colonial trade, as the consulado clearly recognized: on 28 January 1817,
after the defeat of the royalists at Chacabuco, the consulado demanded
that Pezuela enforce the 1812 edict prohibiting trade in goods that had
passed through Chile or Buenos Aires.
19
Moreover, with the reopening of
Chilean ports to merchant ships from the United States and especially
Great Britain, the kings vasallos de Espaa could hardly be found amidst
the crowd.
20
Although the colonial commercial system had long since been
overtaken by the realities of the new international economy, the loss of
Chile represented the final collapse of the possibility that colonialism and
commerce could coexist in Peru without radical change in the imperial
rules for the regulation of trade.
174 deconstructing legitimacy
17. Pezuela to the Consulado, 15 Sept. 1817, agnp-Consulado, leg. 12.
18. Pezuela to Ministro de la Guerra, 19 Sept. 1817, as quoted in Vicua Mackenna, Revolucin
de la independencia, 17576 n. 6. See also Instruccin que el Virrey de Lima da al Sr. Brig. D.
Mariano Osorio, nombrado general en gefe del Exrcito Expedicionario de Chile, 4 Dec. 1817,
MenP, Pezuela, Sig. 4, q. 1; and Pezuela, Memoria de gobierno, 158. Tallow, used to make candles,
was one of Chiles principal exports to Peru.
19. Regalado C. and Salinas B., Apuntes sobre la actitud del consulado, 278.
20. Humphreys, British Merchants and South American Independence, 122; D. B. Goebel,
British-American Rivalry in the Chilean Trade, 18171820, Journal of Economic History 2 (1942): 194.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 174
Change, however, was not to be had from Spain. During the first six
years of Fernando VIIs restoration to the throne (181420), the so-called
free-trade controversy roiled politics in the mother country to the point
where no realistic or stable policy regarding colonial trade could be estab-
lished.
21
A promising plan to establish ports of deposit for the American
trade in England, for example, was undermined by news that the crown
had changed its mind. The plan would have permitted Spanish merchants
to fill their ships with the goods of all nations free of taxes in Spain,
while foreign merchants would be able to sell their goods indirectly in
Spanish America without running the risks of a long voyage and the
problems to be confronted in [colonial] ports. But, as the Spanish ambas-
sador in London wrote to the crown, the mere idea of instability in measures
as important as the present one contributes very greatly to increasing the
suspicion with which, unfortunately, our system of government is viewed,
and is also one of the principal weapons made use of by the enemies of
His Majesty.
22
But the plan would have kept control of the Atlantic trade
in the hands of peninsular Spaniards, to the mounting anger of American
merchants and consumers. Clearly, the crown failed completely to understand
the intensity of colonial grievance on the matter of direct trade with foreigners.
An account by Vasili Mickhailovicht Golovnin, commander of the Russian
warship Kamtchatka, of his visit to Lima during the last days of 1817 and
early 1818, is valuable for what it reveals about that issue and about the
attitude of merchants associated with the Filipinas Company.
23
On its way
to the Pacific, the Kamtchatka had spent seventeen days in Rio de Janeiro
during November 1817. While there, the Spanish ambassador had approached
Golovnin with a request to carry an urgent and confidential letter to Pezuela,
preventing independence 175
21. The best account of the confusion remains Costeloes Free Trade Controversy. See also
Marqus de Casa Irujo to Ministro de Hacienda, 12 Feb. 1819, agi-Lima, leg. 1550; Flrez
Estrada, Examen imparcial, chap. 4, 5278; Informe de la Junta de diputados consulares, 26 Aug.
1817, agi-Consulados, leg. 62. As the king appointed, then dismissed, one cabinet member after
another, even members of the same government quarreled over policy and practice: Pintos
Vieites, Poltica de Fernando VII, 130; and Josep Fontana, La crisis del antiguo rgimen, 18081833,
2nd ed. (Barcelona: Editorial Crtica, 1983), 26.
22. Spanish ambassador to Pizarro, 12 June 1818, sim-Estado, leg. 8179. See also Duke of San
Carlos to Viceroys of Mexico, Peru, Capitanes generales de Nueva Granada y Cuba, y General
Morillo, 21 Mar. 1818, sim-Estado, leg. 8223.
23. Golovnin published an account of his voyage in St. Petersburg in 1822, entitled in Spanish
Viaje alrededor del mundo en la corbeta Kamtchatka en 1817, 1818, y 1819. Excerpts pertaining to
Peru are reprinted in Spanish in cdip-Tomo 27: Relaciones de viajeros, ed. Estuardo Nuez, 3 vols.
(Lima: Comisin Nacional del Sesquicentenario de la Independencia del Per, 1971), 1:14873. All
references are to the cdip version.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 175
and the viceroys gratitude for this service prompted him to receive Golov-
nin as an honored guest.
24
Much of Golovnins time in Peru was spent in the company of Pedro de
Abada, who was one of only two persons with whom the Russian could
communicate directly.
25
It was Abada who greeted the Russian captain
when his ship anchored in Callao, Abada who escorted him to his several
dinners with the viceroy, and, inevitably, Abada and his associates who set
about purchasing the supplies needed for the remainder of the Russian
voyage to Alaska. On three occasions, Golovnin dined with Abada and
his business partners in the large and well-appointed house leased by the
Filipinas Company, where their factors and employees lived and kept a
common table. Golovnin felt confident that he was among friends who
could be trusted: he knew that Abada had been decorated by the Russian
Emperor for his previous services to the ships of the Russian-American
Trading Company.
In his diary of the voyage, Golovnin wrote an account of conditions in
Peru that certainly reflects his intimate conversations with Abada and the
associates of the Filipinas Company: Peruvian commerce could be very
important if it were open to the Europeans or if the Spaniards were as
active as the English. But it is now very much reduced. It is known that
the Spanish government applies to its non-European possessions a rigid
colonial system, and does not permit any foreign ship to enter its ports to
do business. All commerce must be undertaken by Spanish subjects and in
Spanish ships. The depth of grievance against Spain on this point was
reported by Golovnin in terms that surely would have shocked Pezuela:
The inhabitants of Peru praise their country highly and the
Spaniards who live there do the same. They say that the only
inconveniences are the earthquakes and the policy of the Spanish
government toward its colonies; and they add that the second
inconvenience is much greater than the first. . . . All the world
knows that the inhabitants of America are entirely correct in com-
plaining of the policy of their Cabinet; they resent the oppression
176 deconstructing legitimacy
24. Conde de Casa Flores to Pezuela, 30 Nov. 1817, Archivo de San Martn, 5:18081; Pezuela,
Memoria de gobierno, 23344.
25. The second is identified only as el Intendente: Golovnin, Viaje, 154. There is no evidence
that Golovnin conversed with anyone other than Abada and those associated with the Filipinas
Company in Lima, the intendente, and, via an interpreter (probably Abada), with Pezuela
himself.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 176
very deeply, and speak openly of it, and . . . are willing to proclaim
their independence at any moment. The hatred and contempt for
the government is extreme. They say that, sooner or later, Peru
will have to become independent from Spain.
26
Clearly, an important group of merchants had come to the conclusion that,
if reform were not forthcoming on the issue of the rules for the regulation
of trade, continued Spanish hegemony in Peru was intolerable. Fernando
VII and his ministers, however, were incapable of directing change in
ways that would have preserved Spanish hegemony in the New World.
GOVERNANCE IN A TIME OF CHANGE
By 1816, when Pezuela became viceroy of Peru, Spain and her empire were
under intense pressure for change brought about not only by the Napo-
leonic invasion but also by the realities of colonial politics and economics.
The precise nature and form of the relationship between Spain and her
American possessions was in dispute, making it difficult to administer the
colonies. Complicating the problem of governance was the crowns sensi-
tivity on the issue of sovereignty. In Spanish political thought, the essence
of sovereignty was the power to make law, and that power belonged only
to the king. During the Napoleonic period (180814), while the king was
held captive in Bayonne, the Spanish Cortes had declared itself sovereign,
proceeding to make and amend law; when he was restored to the throne,
Fernando VII lost no time in declaring the Cortes and all its works illegi-
timate on the grounds that the kings sovereignty had been usurped.
27
Thus
the metropolitan merchants in Lima insisted that official reform in the rules
for the regulation of the colonial trade had to emanate from the crown;
colonial viceroys and their local advisory bodies were legally prohibited
from making or amending such laws.
But the viceroys were by no means helplessly obedient to ill-conceived
or unenforceable laws and regulations issued by a sovereign far removed
from the territories they administered. Long before Pezuelas time, the
apparently rigid system that concentrated legislative power in the hands of
preventing independence 177
26. Golovnin, Viaje, 168, 170.
27. Causa formada a los diputados de Cortes . . . que comprende hasta 28 cargos sobre haber
atentado contra la soberana del Seor D. Fernando 7
o
y contra los derechos y regalas del trono,
1814, Tomo 12, Papeles reservados de S.R.M., apn-m; Toreno, Historia del levantamiento, 3:400,
4057, 5:54849, and Fernando VIIs decree of 4 May 1814 in vol. 5, appendix 5665.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 177
the king had been as effectively undermined as the Reglamento de comercio
libre of 1778. Although the viceroys routinely sent memos to the crown
pledging obedience to crown decrees, they also made use of three strategies
to circumvent inconvenient laws, all of them subsumed under an idea
expressed as obedezco pero no cumplo (I obey but do not enforce). The first
strategy arose from the vigorous tradition of Spanish arbitrismo, the custom
of drawing up lengthy reports to the crown on economic and political
problems, and offering advice for their solution.
28
Abascal was a master of
the form, though on a practical rather than theoretical basis. During the
liberal regime of 181014, Abascal repeatedly criticized laws emanating from
the Cortes, explaining the unfortunate effects that would follow from their
strict enforcement in Peru, and calling on the crown to repeal or modify
them in accord with his suggestions. Pezuela, too, recorded his objections
to royal orders, as, for example, when he called the crowns attention to
the serious difficulties standing in the way of proper obedience to the
royal order of 27 June 1816 setting forth the manner in which the permis-
sion conceded to Samuel Smith and his associates of Baltimore is to be
understood.
29
This strategy was in keeping with the custom of seeking
opinions from members of councils or Audiencias, and caused few problems
at court. The second, more controversial, strategy resembled a pocket veto.
The viceroy simply ignored the existence of a troublesome law or regulation
unless forced to acknowledge it. Given the difficulties of communication
between Spain and her colonies, especially in time of war, viceroys could
on occasion argue plausibly that they had received no official notification
of a new law or regulation, even though it had been reported repeatedly
and in detail in private correspondence. Thus Pezuela, in 1820, delayed the
ceremonies in which residents of Peru swore allegiance to the restored
Constitution of 1812 for several months after the first news of the liberal
revolution arrived in Lima.
30
The third strategy caused more controversy,
178 deconstructing legitimacy
28. For names and titles of arbitristas works, see Evaristo Correa Calderon, Registro de
arbitristas, economistas y reformadores espaoles (15001936): Catlogo de impresos y manuscritos
(Madrid: Fundacin Universitaria Espaola, 1981).
29. Viceroys indexes, May 1817, agi-Lima, leg. 649. On the capture of the Warren, one of
Smiths ships, by the Chileans, see La junta superior de real hacienda del Virreinato del Per
expone, 26 July 1817, agi-Lima, leg. 774.
30. Rumors of the constitutionalist revolt in the army about to embark for America reached
Lima in May 1820, but Pezuela had been told that the mutiny had been put down: see Pezuela,
Memoria de gobierno, 71617; Gaceta del Gobierno de Lima, no. 35 (3 June 1820) in MenP, Pezuela,
Sig. 4, q. 9, 10611, and Embajador de smc a los virreys de Mxico, Lima, y Nueva Granada . . . ,
London, 4 Feb. 1820, sim-Estado, leg. 8223. On 5 July 1820, a private letter and a handwritten
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 178
both in Spain and her colonies. In these cases, the viceroys took action
contrary to law or conflicting with colonial regulations. The governor of
Panama, as we have seen, resorted to this strategy, opening ports to direct
trade with foreigners when government coffers were empty. In the free-trade
controversy of 181820, Pezuela did the same. In both cases, and others
like them, viceroys and governors followed their action with reports to the
crown justifying their rulings and asking for crown approval.
Both obedezco pero no cumplo and concentration of legislative power in
the person of the king created a situation where viceroys often acted con-
trary to the letter or the spirit of the laws, leading to complaints, lawsuits,
and appeals to the crown by those whose interests were compromised. The
rule of law, always and everywhere difficult to impose and maintain, suffered
as a result. Not only was it hard to determine what the law required in a
given case at a specific time; crown and viceroys could and did allow excep-
tions to laws and regulations, even creating situations where specific interest
groups were exempted from laws that applied to the rest of the popula-
tion. Such was the case, for example, in the matter of the special tribunal
created to rule on disputes involving the Cinco Gremios when Gaspar Rico
was its apoderado in Lima, or the fuero militar, which militia captain Rico
invoked during the dispute over gambling debts in 1802.
31
Equality before
the law was absent (except, sometimes, as an ideal) because every interest
group and many individuals were convinced that they could obtain a special
law, regulation, or exemption, provided they were persistent enough in
preventing independence 179
copy of a newspaper published in Havana on 15 Apr. 1820 arrived in Lima with information about
the change in government in Spain, but the dispatches from the governor of Panama, which
arrived in the same packet via Paita, did not mention the coup. Confusing and contradictory
information was later forwarded to Lima in other private letters and in a letter from the duke of
San Carlos in London. Pezuela therefore doubted the truth of the news, mentioning the real
orden of 17 December 1819, in which he was warned that false orders and dispatches had been
issued by the rebels in Spain (i.e., the liberals), and that such orders were likely to make their
way to America. (A copy of that real orden is in MenP, Pezuela, Sig. 11.) On 12 July, with the
arrival of correspondence from the Spanish ambassador in Rio de Janeiro, Pezuela was convinced
that the Constitution was again in force, but he remained cautious. As he declared in his
Memoria de gobierno, 731, while determined to await official notice before swearing allegiance to
the Constitution, he nevertheless informed the public of the news immediately, publishing it in
the Gaceta Extraordinaria de Lima the next day, 13 July 1820: MenP, Pezuela, Sig. 21, q. 9. Official
notification of the change in government arrived on 4 September 1820, and Pezuela also
published that news immediately: see his Memoria de gobierno, 754. Nevertheless, as soon as
rumors of the revolution in Spain arrived in Peru, his liberal enemies began accusing him of
failing to obey the orders from the crown: Memoria de gobierno, 73435.
31. Informe de Juan de Dios Moreno, 16 Dec. 1802, Testimonio general no. 21d, Expediente
sobre el conducto, agi-Lima, leg. 1620.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 179
their appeals to the crown. And they knew that the king was less than
reluctant to grant special privileges in return for promises that the crowns
perpetual insolvency would be alleviated, if only marginally or temporarily,
by a special contribution.
The result of failure to establish a reasonably stable regime of the rule
of law was that government was weak and laws were not enforced. Gaspar
Rico believed that Godoy and all his creatures, including Peruvian viceroys,
acted capriciously and therefore unjustly and illegally, especially when they
failed to enforce royal decrees. In November 1811, Cortes of Cdiz issued a
decree declaring that any royal official who failed to put a law or decree
into effect within three days of receiving it would be punished by imme-
diate dismissal from his post. Rico printed the decree in his periodical, El
Peruano, commenting:
These decisive orders carry all the force necessary to make govern-
ment authorities abandon those magic clauses, justified circum-
stances, and consult the king, meanwhile suspending observance,
that bury many good men covered in desperation and misery. We
refrain from enumerating the cases of infraction experienced in
our own bitter days, in order to take with us to the other world
the satisfaction of seeing punishment meted out to everyone who
believed that effective laws or orders that would limit their pride
could not possibly exist.
32
But the viceroys were not alone to blame. The crown itself sabotaged
their ability to enforce the law by withdrawing fiscal or political resources
from them. Abascal was left without revenue from tribute at a time when
his efforts to enforce the most fundamental law, that of South Americas
colonial status, required him to pay for armies to put down rebellions.
Pezuela, on 7 July 1816, took office not as a fully credentialed viceroy, but
as viceroy ad interim. It was not until the end of March 1817 that the crown
appointed him viceroy en propiedad and president of the Audiencia of Lima.
33
180 deconstructing legitimacy
32. El Peruano, no. 31 (11 Nov. 1811), cdip-Tomo 23, 3:31415.
33. Ttulo de virrey interino de Lima, Hoja de servicios: Joaqun de la Pezuela, ihcm,
Expedientes personales; Simancas, Catlogo XX, 423, 518. Pezuela learned that his interim
appointment had been made permanent from a copy of the Gaceta de Madrid carried to Lima
aboard the frigate Tagle, which anchored in Callao on 22 Aug. 1817: Memoria de gobierno, 161.
Pezuelas interim appointment carried with it only half-pay: A los Sres. de la Junta Superior de
Real Hacienda de Lima, 19 Aug. 1817, agi-Lima, leg. 650.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 180
Meanwhile, rumors circulated that he was to be replaced in the very near
future; Jos de Baqujano, in Sevilla, heard that General Jos Enrique
ODonnell, count of Abisbal, was on his way to Lima.
34
And on 7 Septem-
ber 1816, less than a month after Pezuelas entrada solemne, General Jos de
la Serna disembarked at Arica to the south of Lima. He was to replace
Pezuela as commander of the Army of Alto Per, and he claimed to have
arrived in Peru with orders and instructions that permitted him to operate
independently of Pezuela.
35
There is no evidence that Pezuela ever saw a copy of La Sernas orders,
and the orders have not been located in the archives; therefore it is impos-
sible to know whether La Serna was named general en jefe, a rank that
bestowed political as well as military jurisdiction, although it seems probable
that he was.
36
La Serna used the title in his correspondence with the vice-
roy,
37
and his successor in command of the army of Alto Per claimed that
rank. Like Pablo Morillo in Venezuela, Juan Ramrez in Peru had been
named general en jefe, a title that, he insisted, carried with it complete
authority to exercise the prerogatives of captains-general of provinces,
presidents of their tribunals, authority over revenues, and in sum all the
military and political authority without which experience has shown that
one cannot fulfill the duty of commander-in-chief.
38
The question at issue was whether a general en jefe serving in a colony
was subordinate to a viceroy. Pezuela, of course, insisted that he was, and
he put the question to the crown. On 12 June 1819, almost three years after
La Serna disembarked in Arica, he had his answer in the form of a royal order
declaring that La Serna was mistaken in his assumptions about his relation-
ship to the viceroy. La Serna was not an independent commander-in-chief
invested with the ample powers that the general ordinance and later orders
grant to this post in the peninsula. On the contrary, the commander-
in-chief of the Army of Alto Per as well as every other body of troops
preventing independence 181
34. Baqujano to Miguel de Njera, Sevilla, 22 Aug. 1816, cdip-Tomo 1, 3:536.
35. Mendiburu, Diccionario, 8:40911; Pezuela, Memoria de gobierno, 89; Stevenson, Historical
and Descriptive Narrative, 3:131; Toms de Iriarte, Memorias: La independencia y la anarqua
(Buenos Aires: Ediciones Argentinas, 1944), 123.
36. Roberto L. Blanco Valds, Rey, Cortes y fuerza armada en los orgenes de la Espaa liberal,
18081823 (Valencia: Instituci Valenciana dEstudis i Investigaci; Madrid: Siglo Veintiuno
Editores, 1988), 74.
37. La Serna to Pezuela, Potos, 1 Nov. 1817, MenP, Pezuela, Sig. 8.
38. Ramrez to Pezuela, Tupiza, 4 Mar. 1820, MenP, Pezuela, Sig. 4, q. 9. Esdaile, Spanish Army
in the Peninsular War, 179, discusses the resentment of Spanish generals at being deprived of their
civilian jurisdiction. See also Stephen K. Stoan, Pablo Morillo and Venezuela, 18151820
(Columbus: Ohio State University Press, 1974), 6668.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 181
operating in the district of this viceroyalty is Your Excellency, and General La
Serna who commands the former is only a comandante general subordinate
to the viceroy.
39
As he explained to Juan Ramrez, La Sernas successor as
commander of the Army of Alto Per, the king had decided that the special
character of the war in Peru demanded that the armys operations should
be coordinated from the center, from which both the expertise and resources
necessary for success could and should be dispensed. Otherwise, viceroys
would find themselves subject to generals, an impossible situation.
40
Pezuela
had no quarrel with calling a general comandante en jefe of an army, pro-
vided that the crown made it clear that, in America, the title did not imply
freedom to operate independently of the viceroy or disobey his orders.
41
But when La Serna arrived in Peru in 1816, he assumed that because his
authority was directly derived from the king it was therefore equal to that
of the viceroy. In this respect, he seems to have been operating in accord
with the pre-Napoleonic understanding of the armys role as the kings
personal force.
42
Thus he was unwilling to do anything that might suggest
that Pezuelas authority was superior to his own, while prudently claiming
only that his royal orders required him to march directly to the headquar-
ters of the Army of Alto Per.
43
There would have been plenty of time for
him to travel to Lima and back while the funds to pay for his march to
the interior were collectedindeed, the ship that brought him from Spain
proceeded on to Callao
44
but he refused to do so. Instead, after a round
of parties, he marched inland to Santiago de Cotagaita, where he assumed
command of the Army of Alto Per on 12 November 1816. According to
Andrs Garca Camba, the new commander-in-chief was received with
special honors in all the towns along the way, and in all of them he left
behind the most pleasant memories of his affability, his sincerity, his digni-
fied and handsome appearance, and the humanitarian sentiments and justice
182 deconstructing legitimacy
39. Ministro de la Guerra Egua to Pezuela, Madrid, 12 June 1819, MenP, Pezuela, Sig. 4, q. 9,
and Sig. 11. The real orden provoked strong protests from La Sernas successor as commander of
the Army of Alto Per: Juan Ramrez to Pezuela, Tupiza, 4 Mar. and 4 July 1820, MenP, Pezuela,
Sig. 4, q. 9.
40. Pezuela to Juan Ramrez, 13 Apr. 1820, MenP, Pezuela, Sig. 4, q. 9.
41. Pezuela to Ministro de la Guerra, 10 June 1820, MenP, Pezuela, Sig. 4, q. 9.
42. Gunther E. Rothenberg, The Art of Warfare in the Age of Napoleon (Bloomington: Indiana
University Press, 1980), chap. 1: Armies and Warfare during the Last Years of the Ancien
Rgime.
43. Iriarte, Memorias, 2021; Mariano Torrente, Historia de la revolucin hispano-americano, 3
vols. (Madrid, 182930; reprinted in part as Historia de la revolucin de la independencia del Per
(Lima, 1971), cdip-Tomo 26, 4:131.
44. Pezuela, Memoria de gobierno, 89.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 182
that his lips expressed, and that are so well received in remote provinces
and regions from high officials representing the supreme government.
45
La Serna was allowing himself to be seen as the representative not of
the viceregal government at Lima, but of the crown itself, and his march
through the Andes to his headquarters resembled nothing so much as a
viceregal entrada solemne.
46
La Sernas arrival in Peru thus provoked a crisis
in viceregal governance comparable to the conflict between the visitador,
Josef Antonio de Areche, and Viceroy Manuel de Guirior in the 1780s,
which also saw the great Indian rebellion led by Tpac Amaru. In both
cases, the viceroy was confronted by a rival whose authority and jurisdic-
tion competed with his own, at a time when pacification of the viceroyalty
was of paramount importance.
THE PROBLEM OF PACIFICATION
By February 1817, when the royalists were defeated at Chacabuco in Chile,
Perus southern flank was occupied by polities that had declared themselves
independent of Spain. Mindful of Abascals successful military campaigns
to reduce earlier juntas and autonomist movements to obedience, heads of
government in both Argentina and Chile were convinced that, in order
to maintain their independence, they would have to destroy the viceregal
government at Lima. It made sense to them to attack the royalist strong-
hold militarily, since it had been the military that had put down internal
uprisings and rebellions since Tpac Amarus massive revolt in 1780.
47
And they believed that Peru and especially Lima was occupied territory,
prevented by royalist troops from joining the independence movement. If,
on the other hand, an insurgent army invaded the viceroyalty, local patriots,
whose numbers would have been increased by San Martns propaganda,
could be expected to rise up and declare Perus independence, as the people
preventing independence 183
45. Andrs Garca Camba, Memorias . . . para la historia de las armas espaoles en el Per,
18091825, 2 vols. (Madrid: Editorial-Amrica, 1916), 1:29798; Iriarte, Memorias, 24, 53. Pezuela
was informed of the change of command on 23 December 1816: Pezuela, Memoria de gobierno, 100.
46. Iriarte, Memorias, 55, records his belief that Pezuela thought La Serna had been named
viceroy of Buenos Aires, empowered to attach still more of Perus territory to the new viceroyalty
and strip Peru of its entire military force. No evidence for this has been found in Pezuelas papers.
47. Leon Campbell, The Military and Society in Colonial Peru, 17501810 (Philadelphia:
American Philosophical Society, 1978), 32, discusses the changed mission of the army following
the Tpac Amaru revolt; before then, the army had been charged with defending the viceroyalty
from external attack, not with maintaining order in the interior. See also Juan Marchena
Fernndez, Ejrcito y milicias en el mundo colonial americano (Madrid: Editorial mapfre, 1992),
13840.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 183
of Spain had done when they had been made subject to Napoleon and his
troops.
48
And this was the strategy they pursued, first by attacking Alto
Per (where they were defeated by Pezuela), later by capturing Chile, and
finally by invading Peru from the sea.
Pezuela was perfectly well aware of this aspect of Argentine strategy and
its implications for his campaign to prevent the independence of Peru. A
veteran of the siege of Gibraltar in 1782, where he was wounded, and of the
battles against the French in Guipzcoa and Navarra in 1793,
49
successful
in his American commands, he believed himself fully competent to direct
royalist military campaigns in Peru. He also thought of himself as a good
negotiator, willing to use his political skills in the campaign to keep the
viceroyalty loyal to Spain.
The royalists in Peru, like bureaucrats in Spain, were divided on the
issue of whether negotiation and compromise were necessary ingredients
in pacification. Hard-liners who insisted on a purely military solution could
be found on both sides of the Atlantic.
50
In Peru, Pezuelas understanding
of what it would take to pacify the viceroyalty was broader than Abascals
had beenor than La Serna proved willing to countenance. In a letter to the
crown dated 23 May 1812, Abascal had stated flatly that neither reasoning
with them nor as many concessions as the Sovereign might deign to grant
[the rebels] will persuade them to return to reason, but force alone, and
this should arrive from [Spain] as soon as possible in an amount propor-
tional to the need and circumstances. Abascal rejected political measures
because he feared that the court would think him a traitorous accomplice
of Godoy and the afrancesados: Rather than compromising my honor
I prefer to make war; war is my only means of salvation.
51
But Pezuelas
experience in Alto Per had convinced him that military action alone was
insufficient to secure the territory for Spain. In his Memoria militar of
181315, he recorded his opinion that the royalists were masters only of the
184 deconstructing legitimacy
48. Instrucciones reservadssimas que deben reglar la conducta de don Jos Fernndez Paredes
y don Jos Garca en el desempeo de su comisin, 1 Jan. 1819, Archivo de San Martn, 7:16263,
166. See also Toms Guido to Supremo Director de las Provincias Unidas del Ro de La Plata,
Buenos Aires, 20 May 1816, cdip-Tomo 8: La expedicin libertadora, 3 vols., ed Gustavo Pons
Muzzo (Lima: Comisin Nacional del Sesquicentenario de la Independencia del Per, n.d.), 1:78;
Vargas Ugarte, Historia . . . Emancipacin, 17071.
49. Pezuela, Hoja de servicios; Riva Agero, Per histrico y artstico, 163.
50. Anna, Spain and the Loss of America, 14147. An important part of Annas book discusses
the quarrel between moderates and what he calls the military party.
51. Vargas Ugarte, Historia . . . Emancipacin, 123, citing a letter by Abascal to the crown dated
23 May 1812 in agi-Estado, leg. 74; Maritegui, Anotaciones, 89.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 184
territory on which the army stood. To pacify Alto Per, political action was
also required; while harshly punishing the leaders of rebellion, he believed
that persuasion and amnesty were important to win over those whose loyalty
to the crown had lapsed.
52
By contrast, the peninsular officers and men who were posted to Peru
beginning in 1815 were hard-liners whose opinion was closer to Abascals
than to Pezuelas. Fresh from participating in the defeat of Napoleon in
Spain (La Serna was a hero of the siege of Zaragoza),
53
the officers were
confident that they could reorganize the army on European models and
swiftly put an end to insurrection by persons whom they considered vastly
inferior in race and civilization.
54
They had little respect for Pezuelas mili-
tary skill. Jos de La Serna, Jernimo de Valds, Andrs Garca Camba, and
Jos de Canterac were especially critical of the viceroys strategy, and soon
after arriving in Peru they began contesting, then ignoring Pezuelas orders.
55
As Garca Camba wrote in his memoir, La Serna did not willingly lend
himself to be merely the executor of orders that did not always meet with
his approval.
56
The royalist Army of Alto Per, painstakingly built by
Pezuela, composed almost entirely of Americans, and consistently victorious
preventing independence 185
52. Joaqun de la Pezuela, Memoria militar del General Pezuela, ed. Flix Denegri Luna (Lima:
Publicaciones del Instituto Histrico del Per, 1955), 25, 48, 51, 86.
53. Diccionario de historia de Espaa, 2nd ed., 3 vols. (Madrid: Ediciones de la Revista de
Occidente, 1968), 3:646. La Serna was benemrito de la Patria en grado heroico . . . condecorado
en la Cruz de Mrito de Zaragoza y Medalla de Constancia and Caballero de la Real y Militar
Orden de San Hermenegildo: La Serna to Crown, Cochabamba, 17 Sept. 1819, ihcm, Caja 5590.
54. Torrente, Historia de la revolucin, cdip-Tomo 26, 4:123; Vargas Ugarte, Historia . . .
Emancipacin, 137, 14445; Exposicin que hace un peruano al Virrey La Serna acerca del ver-
dadero estado poltico de la Amrica en la presente poca, cdip-Tomo 13: Obra gubernativa y
epistolaria de San Martn, ed. Jos de la Puente Candamo, 2 vols. (Lima: Comisin Nacional del
Sesquicentenario de la Independencia del Per, 1974), 2:189. For Pezuelas negative opinion of La
Sernas reforms of the Army of Alto Per, see his Memoria de gobierno, 2045; Pezuela to Sr.
Secretario de Estado y del Despacho de la Guerra, 22 Dec. 1817, MenP, Pezuela, Sig. 4, q. 2, and
Pezuela to Juan Ramrez, 1 Oct. 1819, MenP, Pezuela, Sig. 4, q. 7. La Serna and his officers were
admirers of Napoleons army and its tactics: Iriarte, Memorias, 44; Jos Cepeda Gmez, El
ejrcito destinado a Ultramar y la sublevacin de 1820 en Andaluca, Anuario de Historia Moderno
y Contempornea (Granada) 23 (197576), 280.
55. La Serna to Virrey del Per, Tupiza, 5 July 1818, MenP, Pezuela, Sig. 8, part 2, 3738; La
Serna to Virrey del Per, Oruro, 16 June 1819, MenP, Pezuela, Sig. 4, q. 6; Pezuela to Secretario
del Estado y del Despacho de la Guerra, 7 July 1819, and Pezuela to Sres. Ministros Generales de
Exrcito y Real Hacienda, 31 Aug. 1820, both in MenP, Pezuela, Sig. 4, q. 6; Pezuela, Memoria de
gobierno, 306, 424, 783, 78485, 799800, 805. See also Garca Cambas Exposicin on the
condition of the royalist army, forwarded to Pezuela on 17 August 1820 and printed in Archivo de
San Martn, 7:17581, discussed by Garca Camba in his Memorias, 1:44446.
56. Garca Camba, Memorias, 1:423. See also the discussions of military strategy in the letters
exchanged by La Serna and Pezuela in MenP, Pezuela, Sig. 8.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 185
on the field of battle while Pezuela commanded it,
57
was dismissed by La
Serna, its new commander, as nothing more than a band of armed peasants.
58
The hard-line Spanish officers, led by La Serna, Canterac, Valds, and
Antonio de Seoane, found allies among the civilian population, especially in
Lima. Among them were merchants engaged in the Atlantic trade, including
the twenty-two apoderados of the consulado of Cdiz, the merchants who
imported European goods via Panama, and those who, like Gaspar Rico,
had been associated with the Cinco Gremios Mayores.
59
These merchants,
with few exceptions, consistently opposed all efforts to modify even tempo-
rarily the recently reinstated rules governing the colonial trade. Change
was, in their view, illegal; its advocates were, if not disloyal, then at least
playing into the hands of the rebels. They demanded instead that Spain
deal with the insurgents by overwhelming military force alone, force that
did not depend almost exclusively on cadres of American officers and men.
On 5 February 1819 (nineteen months prior to San Martins invasion), for
example, the officers of the consulado called on the viceregal government to
secure an army as well as warships from Spain, insisting that the colossus
of revolution cannot be destroyed without a large expedition that comes
186 deconstructing legitimacy
57. See Pezuela, Memoria Militar, and the comment by Torrente, Historia de la revolucin,
cdip-Tomo 26, 4:97: The glory acquired by General Pezuela in this brilliant campaign is
inscribed in indelible characters, and 105: the number of his triumphs having been the same as
the number of his military actions; Pezuela, Manifiesto, 290, where he contrasts his war record
with that of the army while it was commanded by La Serna; and Pezuelas Memoria de gobierno,
135, where he records the first time that a treaty of surrender was signed by a royalist com-
mander with the rebels of Buenos Aires. For details of Pezuelas victories in Alto Per, see
Fernando Daz Venteo, Las campaas militares del Virrey Abascal (Sevilla: Escuela de Estudios
Hispano-Americanos, 1948), 293368.
58. Manuel Nemesio Vargas, Historia del Per independiente, 12 vols. (Lima: Imprenta de la
Escuela de Ingenieros, 1903), 1:89. For a similar attitude, see Iriarte, Memorias, 53. For La Sernas
attempt to reorganize the army according to European standards, see Correspondencia de D. Jos
de La Serna, MenP, Pezuela, Sig. 8; Torrente, Historia de la revolucin, cdip-Tomo 26, 4:11314.
For the viceroys defense of his Peruvian army, see Pezuela to Sr. Secretario de Estado y del
Eespacho de la Guerra, 22 Dec. 1817, MenP, Pezuela, Sig. 4, q. 2; his Memoria militar, 2425; and
M. N. Vargas, Historia, 9091. Iriarte, Memorias, 60, admits that La Sernas reorganization
resulted in massive desertions.
59. The metropolitan merchants in Lima were echoing the consulado of Cdiz: Informe del
consulado [de Cdiz] al Ministerio de Hacienda, 22 Aug. 1817, agi-Consulados, leg. 81. On the
hard-line bias of the consulado of Cdiz, see Costeloe, Response to Revolution, 13, 5657, 61, 128.
See also Apoderados del Comercio de Cdiz to Sres. Prior y Consules, consulado de Lima, 25
June 1816, Informes y consultas expedidas por el Real Tribunal del Consulado desde 9 de enero de
1816 hasta 2 de abril de 1818, agnp-Hacienda colonial, leg. 1227. For names of merchants
interested in the Panama trade, see the petition of a group of merchants, 9 Apr. 1817, agnp-
Consulado, leg. 4; Informe del consulado, 23 Apr. 1817, and Consulado to Crown, 3 May 1817,
agnp-Hacienda colonial, leg. 1227.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 186
here from the peninsula.
60
Between 1818 and 1821, the consulados official
pronouncements and its correspondence with the viceroy were uniformly
intransigent on the matter of change, especially where direct trade with
foreigners was concerned.
But there was a second powerful faction of consulado merchants who
favored a moderate and more pragmatic approach to the pacification of
Peru, men who, for the most part, were primarily interested in the Pacific
trade. Among them were the factors, investors, and associates of the Fili-
pinas Company, who traded directly to Lima from England and from British
possessions in Asia, sometimes in neutral ships.
61
Prominent, too, among
the moderates were the merchants who traded to ports on the Pacific coast
of South and Central America; Jos de Baqujano y Carrillo, whose family
was one of the most powerful Pacific traders, counted himself one of them.
62
Because many of those merchants traded Peruvian sugar, molasses, and
brandies for Chilean wheat and tallow, they had close ties with landowners,
who in turn dominated Limas cabildo.
63
This faction of the consulado
supported not only direct trade with foreigners (anathema to the Atlantic-
trade merchants) but also negotiations with San Martn after he invaded
Peru in September 1820.
64
The Pacific-trade merchants and the landowners had long been promi-
nent at the viceregal court, and it was this group, together with the officers
of the Peruvian army with whom he had fought in Alto Per, that clustered
preventing independence 187
60. Acta, Junta general de tribunales, 6 Feb. 1819, agi-Lima, leg. 1550.
61. Informe de mesa on the petition of the Junta de gobierno de la Compaa de Filipinas, 28
June 1817, agi-Filipinas, leg. 994. For a summary of the companys business in Lima, including its
direct trade between Callao and Asia, see Exposicin de la Junta de Gobierno de la Real Cia. de
Filipinas, 10 July 1818, agi-Filipinas, leg. 993. In 1809, during the Napoleonic invasion of Spain, a
director of the Filipinas Company proposed moving the companys headquarters to London:
Informe de mesa, 8 Nov. 1809, agi-Filipinas, leg. 993. The Filipinas Company traded Peruvian
sugar to Asia, and was therefore involved with local producers: Exposicin de la junta de
gobierno de la Real Compaa de Filipinas a la general de 1813, agi-Filipinas, leg. 993.
62. Baqujano y Carrillo, Dictmen . . . sobre la revolucin hispanoamericana, cdip-Tomo 1,
3:490, 500.
63. Metropolitan merchants replaced the traditional hacendados and limeo merchants on the
cabildo in 1813 and 1814, when its members were elected under the provisions of the Constitution
of 1812. For lists of the members of the cabildo constitucional, see agi-Lima, legs. 627, 799.
Martnez Riaza, Prensa doctrinal, 248, quotes a passage from El Peruano Liberal, the cabildos
periodical, of 10 Oct. 1813, opposing direct trade from Peru to foreign ports.
64. El Exmo. Ayuntamiento de Lima acompaa y recomienda una representacin de 72
ciudadanos en que piden se abran negociaciones de paz con el General San Martn, 16 Dec. 1820,
MenP, Pezuela, Sig. 4, q. 10. According to articles published in El Correo Mercantil, Poltico y
Literario, there were royalists in Peru who advocated pacification by negotiation as late as mid-
1822: see Martnez Riaza, Prensa doctrinal, 4950.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 187
around Pezuela. He developed close ties to the criollo residents of Peru
and a profound love for the country in which the greatest moments of my
life have been lived.
65
Revolution seemed to the viceroy to be an alien
import, carried to the viceroyalty from Buenos Aires and Chile, propagated
among Perus ignorant classes by the prevarications of rebel propaganda,
and encouraged by foreign powers (including Spains perfidious allies).
66
As an officer in the Spanish army, he saw no reason not to employ as much
military force as possible against rebel armies and guerrillas. But he was
unwilling to engage in total war; instead, he attempted to develop policies
that would increase the breadth and depth of loyalty to the crown, and
prevent those whose loyalty was weak from joining the rebels.
67
Pezuela was convinced that the art of persuasion could yield positive
results in his effort to prevent Perus independence.
68
He believed, too,
that his strategy had the kings approval. On 20 March 1818, Vasili Golov-
nin, the captain of the Russian warship Kamtchatka and Abadas friend,
delivered a letter from the count of Casa Flores, Spains ambassador in
Rio de Janeiro, announcing that the king had adopted a policy of negotia-
tion and reform to bring about the pacification of America. Pezuela may
also have received a royal order dated 22 April 1818 calling on him to use
political means rather than force in the pacification process, but this royal
order was later alleged to be false.
69
Thanks to his experience in Alto Per,
Pezuela believed that public opinion was easily swayed, and that political
means were therefore useful weapons.
70
Thus, until he was deposed in January
1821, he was determined to wage a war of opinion against insurgents at the
same time that he met them on the field of battle. Both forms of warfare were
necessary, he believed, if Peru were to remain a part of the Spanish empire.
71
188 deconstructing legitimacy
65. Pezuela to San Martn, 27 Sept. 1820, MenP, Pezuela, Sig. 5.
66. Pezuela, Memoria militar, 80, 83; Pezuela to Ministro de la Guerra, 13 June 1818, MenP,
Pezuela, Sig. 4, q. 1; Pezuela to Antonio Vacaro, 16 Feb. 1818, MenP, Pezuela, Sig. 4, q. 2; and
Pezuelas rebuke of Jeremy Robinson, in Eugenio Pereira Salas, Jeremas Robinson, agente
norteamericano en Chile, 18181825, Revista Chilena de Historia y Geografa, no. 1 (1937): 219.
67. Pezuela to Secretario de la Guerra, 29 July 1817, MenP, Pezuela, Sig. 4, q. 1.
68. As was Vicente Morales y Durez, Perus leading delegate to Cortes in 181112: Rieu-Millan,
Rasgos distintivos, 509.
69. Conde de Casa Flores to Pezuela, Rio de Janeiro, 30 Nov. 1817, Archivo de San Martn,
5:18081; Ministerio de la guerra, reservado, al Virrey del Per, Madrid, 22 Apr. 1818, and Casa
Irujo to San Carlos, Madrid, 2 June 1819, both in sim-Estado, leg. 8179.
70. Pezuela, Memoria militar, 80, 83.
71. Pezuela to Secretario de la Guerra, 29 July 1817, MenP, Pezuela, Sig. 4, q. 1; Pezuela to La
Serna, 25 Nov. 1818, MenP, Pezuela, Sig. 4, q. 4, and Pezuelas reference to una guerra de opinion
como esta in his letter to La Serna, 28 June 1819, MenP, Pezuela, Sig. 4, q. 6.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 188
Pezuelas willingness to use persuasion, propaganda, and even compro-
mise as part of his pacification effort earned him powerful enemies, who
were convinced that he was not sufficiently aggressive. In September 1820
to the dismay of the peninsular army officers and the merchant hard-liners
the royalists failed to attack San Martns invading army at Pisco, when it
was most vulnerable. La Serna and his officers, devotees of the Napoleonic
doctrine of lightening strikes with overwhelming force against enemy armies,
mistakenly claimed that the viceroy could have destroyed the invading army,
had his troops not been dispersed throughout the viceroyalty instead of
concentrated in Puno, high in the Andes where, they alleged, they could
be deployed anywhere on the southern coast at a moments notice.
72
The
officers criticized Pezuela harshly for allowing the main rebel force to
reembark on 25 October virtually unmolested for Ancon, a seaside town to
the north of Lima, from which it moved inland to Huaura where the new
headquarters was established.
In fact, however, the viceroys hands were tied. On 7 September 1820 no
royalist army of adequate size was in position to attack the invaders as
they were landing on Peruvian soil at Pisco. A later attack would probably
have failed: San Martns army could be moved by ship almost at will and
on very short notice, while the royalists were subjected to long and exhausting
marches through the deserts of coastal Peru.
73
Moreover, Pezuelas efforts
to organize the defense of the viceregal capital had been thwarted by the
consulados reluctance to provide him with funds and by La Sernas refusal
to move contingents of the Army of Alto Per into position to defend the
southern coast.
74
If the viceroy dispatched the only immediately available
preventing independence 189
72. La Serna to Pezuela, Tupiza, 6 June 1818, MenP, Pezuela, Sig. 8; Valds, Refutacin . . . del
Manifiesto, in Torata, Documentos para la historia, 2:22, 5460, 116, 118; Valds, Exposicin que dirige
al Rey Don Fernando VII el Mariscal de Campo Don Jernimo de Valds sobre las causas que motivaron
la prdida del Per, in Torata, Documentos para la historia, 1:56, 5758; Garca Camba, Memorias,
1:390; Pezuela to Ministro de la Guerra, 11 Sept. 1820, MenP, Pezuela, Sig. 4, q. 10; Pezuela to La
Serna, 1 Nov. 1818, MenP, Pezuela, Sig. 8. See also Rothenberg, Art of Warfare, 130, 147. Puno is
about 450 miles from Pisco as the crow flies; clearly, it would have taken weeks to move an army
stationed there to the site of San Martns landing, by which time he would have been long gone.
Valds also claimed, absurdly, that Pezuela had at his immediate disposal some 23,000 men.
73. Pezuela to Ramrez, 29 Oct. 1820, MenP, Pezuela, Sig. 4, q. 10; Pezuela to Secretario de
Estado y del Despacho de la Guerra, 7 July 1819, MenP, Pezuela, Sig. 4, q. 6; M. N. Vargas,
Historia, 1:12930; Mendiburu, Diccionario, 8:471; Jos Rodrguez Ballesteros, Historia de la
revolucin y guerra de la independencia del Per desde 1818 hasta 1826 y efemrides posteriores, ed.
Guillermo Feli Cruz, 3 vols. (Santiago: Imprenta Cultura, 194649), 1:58889.
74. Pezuela, Memoria de gobierno, 284, 28889, 306, 37172, 553; Acta, Junta general de
tribunales, 4 May 1818, MenP, Pezuela, Sig. 4, q. 1. The correspondence between Pezuela and La
Serna on this point is in MenP, Sig. 8. See also Torrente, Historia de la revolucin, cdip-Tomo 26,
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 189
Fig. 5 Le Provincie di Quito, Lima e Plata. Venice: Antonio Zatta e Figli, 1794. Courtesy
Historic Maps Division, Rare Books and Special Collections, Princeton University
Library (photo: John Blazejewski).
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 190
Image Not Available
preventing independence 191
military forcesLimas garrison, or the recently organized Army of Lima
San Martn could have moved his army by sea to attack and occupy Lima
before the royalist defenders would be able to return from the south.
75
But the viceroy had an additional reason for his conduct: he was in the
midst of organizing an aggressive campaign of another sort, a campaign for
reconciliation based on recognition of the newly reinstated Constitution
of 1812, which included an armistice, amnesty, and a diplomatic mission to
Chile, all in accord with the terms of two public royal orders and a secret
one issued on 11 April 1820.
76
Pezuela declared himself willing to obey the
royal order because the kings paternal aspirations are entirely consonant
with my own, and I am firmly convinced that conciliation, though it might
involve giving up something of our first position, is preferable to the
results of even the most successful war. The conference with San Martn
at Miraflores, which soon followed, proved fruitless, however, because San
Martn refused to negotiate except on the basis of Perus independence
from Spain, and Pezuela, of course, could not agree to that.
77
Pezuela was also busy with an attempt to neutralize a propaganda blitz
by San Martn, who granted the inestimable boon of free trade to the
4:13031; Vargas Ugarte, Historia . . . Emancipacin, 14546, 191; Acta, Junta general, 14 July 1820,
MenP, Pezuela, Sig. 4, q. 10; La Serna to Pezuela, 30 Sept. 1820, MenP, Pezuela, Sig. 4, q. 10;
Estado general de fuerza, 15 July 1820, and Razn que demuestra la fuerza del Ejrcito de
Reserva, 14 Aug. 1820, both in cdip-Tomo 6: Asuntos militares, 3 vols. (Lima: Comisin Nacional
del Sesquicentenario de la Independencia del Per, 1971), vol. 2: El Ejrcito Libertador del Per, ed.
Flix Denegri Luna, 9495; Mariano Felipe Paz Soldn, Historia del Per independiente: Primer
perodo, 18191822 (Lima, 1868; reprint Buenos Aires: Instituto Nacional Sanmartiniano, 1962), 72.
See also Pezuela to La Serna, 13 Mar. 1820, MenP, Pezuela, Sig. 4, q. 8, ordering him to scout out an
appropriate position a few miles to the south of Lima to defend the city from an invasion at Pisco.
75. There may have been an additional factor in the royalists failure to attack: an epidemic
that had the royalist commander . . . confined to his bed by fever at Chincha. The epidemic
quickly spread to the invaders, and caused the evacuation of Pisco: Miller, Memoirs, 1:3078.
Pezuela may have been happy to have the invaders in Pisco instead of sailing north to attack
Lima: Pezuela to Ramrez, 29 Oct. 1820, and Pezuela to Ministro de la Guerra, 12 Nov. 1820,
MenP, Pezuela, Sig. 4, q. 10.
76. Reales rdenes, 11 Mar. and 17 Apr. 1820, MenP, Pezuela, Sig. 11; Antonio Porcel to Viceroy
of Peru, Madrid, 11 Apr. 1820; Pezuela to Ministro de Ultramar, 11 Sept. 1820; Pezuela to Antonio
Mara Bazo, comandante y subdelegado de Caete, 11 Sept. 1820; Pezuela to San Martn, 1 Oct.
1820; Pezuela to Ramrez, 5 Oct. 1820; all in MenP, Pezuela, Sig. 5.
77. Pezuela to Ramrez, 5 Oct. 1820, MenP, Pezuela, Sig. 5; Pezuela to Sr. Secretario de Estado
y del Despacho de Ultramar, 19 Oct. 1820, MenP, Pezuela, Sig. 4, q. 10; Pezuela to Casa Flores, 30
Nov. 1820, quoted in Bartolom Mitre, Historia de San Martn y de la emancipacin sudamericana,
vol. 3 of Obras completas de Bartolom Mitre (Buenos Aires: Guillermo Kraft, 1939), 272. See also
Manifiesto de las sesiones tenidas en el pueblo de Miraflores para las transaciones intentadas con el
General San Martn y documentos presentados por parte de los comisionados en ellas. Se publican de
orden de este gobierno (Lima: Casa de Nios Expsitos, 1820).
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 191
192 deconstructing legitimacy
provinces of Peru under the immediate protection of the liberating army.
78
When he landed in Pisco, San Martn came equipped with broadsides
addressed to various sectors of Peruvian society, and he lost no time in
seeing to their distribution. Pezuela immediately dispatched copies to pro-
vincial governors and town councils together with his own broadside warning
them against allowing San Martn to gain the upper hand in public opinion.
79
But Pezuelas conduct was characterized as both weak and treasonous by
the hard-line peninsular officers and their civilian allies, not all of whom
were ignorant of the royal order calling for negotiations with the rebels:
the kings appeal to his American subjects to lay down their arms and
negotiate an end to conflict had been published in the Gaceta de Gobierno
just two days before San Martns army disembarked in Pisco.
80
In September 1820, therefore, Pezuela believed that he had no choice
but to rely heavily on the art of persuasion, even though he continued to
issue orderstardily obeyed, if at allto move royalist forces into position
to attack the invaders.
81
By December, after San Martn had evaded every
attempt to engage him in battle, the viceroys frustration with the situa-
tion is clear. In a letter to the Peruvian-born duke of San Carlos, then serving
as Spanish ambassador to London, Pezuela demonstrated an astute under-
standing of San Martns strategy, which made the war of opinion doubly
important. San Martn, he wrote,
has not attempted a general engagement, nor have I been able to
provoke him to battle, because his plan, well-known from the
beginning, has been to subvert the provinces of the interior, gain
support and resources of every kind in the countryside, and devastate
the territory around Lima, besieging the city until it succumbs for
lack of supplies, or to fall upon it when discouragement among
78. Quoted by John T. S. Melzer, Bastion of Commerce in the City of Kings: The Consulado de
Comercio de Lima, 15931887 (Lima: Editorial concytec, 1991), 80 n. 133. See also Hardy to
Croker, 22 Dec. 1820, Graham and Humphreys, Navy and South America, 322. On San Martns
use of propaganda, see Vargas Ugarte, Historia . . . Emancipacin, 170.
79. Pezuela, Memoria de gobierno, 75354. Six different broadsides had been composed and
printed; they were addressed to criollo and peninsular soldiers in the royalist army, to the
inhabitants of Peru, to European Spaniards resident in Peru, to the Peruvian nobility, and to
women. See also Pezuela to Duke of San Carlos, 12 July 1820, sim-Estado, leg. 8223, where he
reports that he had issued a broadside refuting Riva Ageros Manifestacin histrica y poltica,
then being distributed in Peru by Lord Cochrane.
80. El Rey a los habitantes de Ultramar, Gaceta del Gobierno de Lima, 18161821, no. 54 (7 Sept.
1820), 44956, MenP, Sig. 21.
81. Pezuela, Memoria de gobierno, 306, and Pezuelas comment on La Sernas disobedience, 783.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 192
preventing independence 193
some and the treachery of others have reduced the number of
defenders of the just cause.
82
Although he attempted to use military force when and where appro-
priate, Pezuela believed that his moderation was what most distinguished
him from La Serna and his coterie of peninsular officers new to Peru. He
recorded the fact that he was little pleased with the arrogance of the
troops that have come to this America from the peninsula, and he was
distressed by the persistent allegations of excessive use of force by the royalist
Army of Alto Per, where most of the peninsular officers and troops were
then serving.
83
In fact, La Sernas attempts to establish an autonomous
military regime in Alto Per was an important cause of the quarrel between
the two generals that led eventually to Pezuelas overthrow.
84
Although
viceroys, governors, and captains-general exercised both civil and military
jurisdiction over the territories they governed, generals of armies operating
in those territories had traditionally been excluded from civil government.
Most important, they had no power to tax the population or to requisition
supplies; civil authoritiesand viceroys as commanding generalswere
responsible for those functions.
85
But Napoleons armies were usually expected
to live off the land, seizing whatever they needed instead of purchasing it,
and confiscating large sums of money; the peninsular officers who fought
him in Spain attempted to adopt this modus operandi in Peru.
86
Soon
after La Serna took command of the Army of Alto Per, the viceroy dis-
covered that harsh new war taxes were being levied on the civilian popu-
lation by a general who believed that in all countries in rebellion against
82. Pezuela to Exmo. Sor. Embajador de S.M.C. en la Corte de Londres, 10 Dec. 1820, sim-
Estado, leg. 8298; Vicua Mackenna, Revolucin de la independencia, 17576 n. 6. On San Martns
policy of using persuasion rather than military force, see Instrucciones reservadssimas que deben
reglar la conducta de don Jos Fernndez Paredes y don Jos Garca en el desempeo de su
comisin, 1 Jan. 1819, Archivo de San Martn, 7:16263.
83. Pezuela, Memoria de gobierno, 188, 490. For a case that particularly disturbed Pezuela, see
Representacin del cura de Sicasica, D. Flores, quejndose sobre la conducta del Teniente
Coronel Seoane (who had treated him roughly and also sacked his church), 17 Nov. 1819, MenP,
Pezuela, Sig. 4, q. 7.
84. La Sernas attitude reflected the struggles between generals and civilian authorities during
Spains war against Napoleon: Cepeda Gmez, El ejrcito destinado a Ultramar, 272; Blanco
Valds, Rey, Cortes y fuerza armada, 7079, 25970, 294; Pintos Vieites, Poltica de Fernando VII,
1923. And compare the Mexican experience, where the royalist army overwhelmed local political
authority: Christon L. Archer, La militarizacin de la poltica mexicana: El papel del ejrcito,
18151821, in Keuthe and Marchena, Soldados del Rey, 25577.
85. Pezuela to Ricafort, 2 Nov. 1820, MenP, Pezuela, Sig. 4, q. 10.
86. Rothenberg, Art of Warfare, 23, 12930, 139; Julio Albi, Banderas olvidadas: El ejrcito realista
en Amrica (Madrid: Ediciones Cultura Hispnica, 1990), 38586.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 193
194 deconstructing legitimacy
their king . . . a unified command is indispensable, and . . . properly falls
to the commanding general of the army, who had the right and duty to
assume political power as well. If the commanding general is left with
nothing but military jurisdiction, La Serna wrote in response to Pezuelas
rebuke, America will be lost. He felt perfectly justified in adopting an
imperious tone toward the provincial governors because forbearance and
moderation led only to loss of respect for authority. He saw no reason to
refrain from threatening the governors with criminal proceedings if they
failed to supply him not only with the funds he demanded on the date
stipulated but also with large new contingents of recruits for the army.
And he advocated the use of force where necessary to extract those
resources from the civilian population.
87
Pezuela, who had to placate the
governors whose outraged protests had reached the viceregal palace, criticized
La Sernas extraordinarily harsh measures. I am convinced, he wrote, that
terrible threats are not the best means of mobilizing the support of persons
of honor and delicacy.
88
After his overthrow, Pezuela wrote of La Serna
and his officers that without doubt they wanted to extract with bayonets
the last remnants of private property; but . . . this method, always repug-
nant to my heart, would not have achieved what I accomplished with
exhortation and moderate pressures.
89
But La Serna refused to acknowledge that, unlike the rich countryside
that had supported Napoleons army in Italy, the mountainous Peruvian
hinterland was poor and sparsely occupied, or that civilian authorities
might have found it impossible to obey his orders.
90
He resented the fact
that they complained to the viceroy. They always look for excuses, he
wrote to Pezuela, and they paint a picture, if they want to or if it is con-
venient, of the miserable condition of the population, in order to escape
such contributions . . . and finally it is a novelty for me that a subordinate
authority dares to complain of the orders given him just because they are
87. La Serna to Pezuela, Tupiza, 19 Dec. 1817, 19 Feb. 1818, and 20 Sept. 1818, MenP, Pezuela,
Sig. 8; Maritegui, Anotaciones, 5657. See also the account by R.M. of the character of La
Sernas government in Lima immediately following Pezuelas overthrow, in cdip-Tomo 26,
2:48586. For a list of the money and supplies demanded by La Serna of the provincial
intendants, see La Serna to Pezuela, Potos, 8 Oct. 1817, MenP, Pezuela, Sig. 4, q. 8.
88. La Serna, Circular a los intendentes de las provincias, 10 Sept. 1816, MenP, Pezuela, Sig. 4,
q. 1; Pezuela to La Serna, 9 Nov. 1817, MenP, Pezuela, Sig. 8. The complaints of provincial
authorities (variously identified as gobernadores, intendentes, presidentes, and cabildos) of Potos,
Puno, Cuzco, Arequipa, and Huamanga are in MenP, Pezuela, Sig. 8.
89. Pezuela, Manifiesto, 286.
90. See the correspondence exchanged by the count of Casa Real de Moneda, governor of
Potos, and La Serna, during November 1817, in MenP, Pezuela, Sig. 8.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 194
preventing independence 195
issued in more or less strong terms.
91
On this point, the viceroy and the
general disagreed throughout the remaining years of Pezuelas tenure as
viceroy. La Serna persisted in his effort to impose military rule wherever
he found himself. As late as 14 December 1820, the Junta de generales that
had been established at La Sernas insistence attempted to name a Tribunal
militar de vigilancia to oversee public tranquility in Lima. Pezuela refused
to allow it because this is one of the powers of the cabildo. Instead, he
called the two alcaldes (mayors) to the palace and suggested that they bring
the matter of public order to the attention of the cabildo so that the civilian
authorities themselves could take measures to increase the citys security.
92
Pezuelas attitude toward La Sernas hard-line policy was consistent with
the opinions he expressed in his correspondence with other men. Typical
was the letter to the crown written soon after San Martins invasion, in
which he insisted that, although I am well prepared to repel [the rebels]
aggression, before doing so I will court them with the olive branch, for its
triumphs will always be for me much more glorious than the laurels of
military victories, forever stained with our brothers blood.
93
Later, in his
Manifiesto, Pezuela described the war in Peru as one in which persuasion
accomplishes more than force.
94
Therefore he had been willing to enter into
negotiations with San Martn as called for by the royal order of 11 April
1820, to promote criollos, both military and civilian, to positions of power
and responsibility, and to tread carefully when it came to imposing new
taxes and other burdens in support of the war effort.
95
But because he had
not adopted a system of oppression and bloodshed, he complained, his
enemies accused him of lack of energy and too much tolerance toward
criollos of doubtful loyalty to the crown.
96
91. La Serna to Pezuela, Tupiza, 19 Feb. 1818, MenP, Pezuela, Sig. 8. La Serna went so far as to sue
Juan Bautista Lavalle, the intendant of Arequipa, for criticizing him and his orders: Expediente
formado con motivo de haberse dado por ofendido el Sr. General en Gefe del Exrcito del Alto
Per D. Jos de La Serna, y querer exigir la correspondiente satisfaccin de S.M. por algunas
expresiones que emple el Sr. Gobernador Intendente de Arequipa, 1818, MenP, Pezuela, Sig. 8.
92. Pezuela, Memoria de gobierno, 812.
93. Pezuela to Secretario de Estado y del Despacho de la Gobernacin de Ultramar, 11 Sept.
1820, agi-Indif. gen., leg. 313. This letter was written in code only a few minutes before the
viceroy learned that San Martns army had landed in Pisco: Pezuela to Ultramar, 19 Oct. 1820,
MenP, Pezuela, Sig. 4, q. 10.
94. Pezuela, Manifiesto, 286.
95. Pezuela to Ramrez, 5 Oct. 1820, and Pezuela to Secretario de Estado y de la Gobernacin
de Ultramar, 19 Oct. 1820, both in agi-Indif. gen., leg. 313; Real orden, 11 Apr. 1820, cdip-Tomo 6:
Asuntos militares, 3:26; Pezuela to Secretario de Estado y del Despacho de Hacienda, 9 July 1819,
MenP, Pezuela, Sig. 4, q. 6.
96. Pezuela, Manifiesto, 291; Officers pronunciamiento, cdip-Tomo 26, 3:353; Valds, Refutacin
. . . del Manifiesto, in Torata, Documentos para la historia, 2:20.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 195
196 deconstructing legitimacy
The dispute between hard-liners and moderates over the means of paci-
fying Peru was complicated by an equally bitter dispute between liberals
and absolutists that, beginning in October 1817, San Martn attempted
to exploit.
97
Since the debates of 1810 in the Spanish Cortes, liberals and
absolutists on both sides of the Atlantic had quarreled over the Constitu-
tions substance and especially its application to colonial governance. The
debates centered on the question of whether Spains American possessions
were colonies or an integral part of the monarchy.
98
Liberals themselves
were divided, with some supporting the integrationist point of view and
others believing in a strict colonial policy by which the American terri-
tories would be narrowly dependent on Spain.
99
Even Gaspar Rico, an
advocate of the integrationist point of view in 181012 and in 1821, became
convinced that America should not be ruled by the Constitution of 1812.
In this, his position was consistent with the one adopted by liberal merchants
matriculated in the consulado of Cdiz, who opposed equality between
Spain and her American possessions.
100
Many of the royalist hard-liners, including La Serna, Valds, Seoane,
Canterac, and Garca Camba, were devoted to the party that had written and
promulgated the Constitution of 1812.
101
Somenotably La Serna, Valds,
97. Instrucciones reservadssimas que observar cautelosamente el sargento mayor don
Domingo Torres en la misin a Lima, 27 Oct. 1817, Archivo de San Martn, 7:15; Instrucciones
reservadssimas que deben reglar la conducta de don Jos Fernndez Paredes y don Jos Garca en
el desempeo de su comisin, 1 Jan. 1819, Archivo de San Martn, 7:163; Enrique de Ganda, San
Martn, su pensamiento poltico (Buenos Aires: Ediciones Pleamar, 1964), 80. Although both
liberals and absolutists are referred to in the nineteenth-century literature as parties, they had
few of the institutional attributes of political parties as we understand them today. Instead, they
resembled more closely what we would call factions.
98. Anna, Spain and the Breakdown of the Imperial Ethos, 25472. For a defense of the
integrationist point of view by an absolutist, see Luis de Ons to Jos Pizarro, no. 8, Washington,
14 Jan. 1818, and no. 116, Washington, July 1818, in ahn-Estado, leg. 5643. Ons and Pezuela
corresponded frequently during the free-trade controversy in Peru.
99. Alberto Derozier, ed., Escritos polticos espaoles, 17891854 (Madrid: Turner, 1975?), 43. See
also the discussion of the issue in Anna, Spain and the Loss of America, 61, 62, 72, 73, 7679, and
113, where Anna points out that the Spanish liberals were no less imperialists than the absolutists
who made up the Old Regime. On the divisions between moderate and radical liberals in Spain,
see Vicente Llorens Castillo, Liberales y romnticos: Una emigracin en Inglaterra, 18231834
(Mxico: Colegio de Mxico, 1954), 7475.
100. Informe del Consulado [de Cdiz] al Ministerio de Hacienda, 22 Aug. 1817, agi-
Consulados, leg. 81; Anna, Loss of America, 81, 82; Martnez Riaza, Prensa doctrinal, 30, 17475,
27881. See also the royalist periodical El Depositario, published by Rico from 22 February 1821 to
1 May 1825, and especially Ricos discussion of independent Perus constitution in La Depositaria
(Ricos burlesque name for several issues of El Depositario), no. 78, Cuzco, 28 Jan. 1823.
101. Iriarte, Memorias, 8, 9; Pezuela, Memoria de gobierno, 764; Vicua Mackenna, Revolucin
de la independencia, 63, 10910. Note the link between the radical liberals of 182023,
characterized as military men and men of action, and the Masons: Llorens Castillo, Liberales y
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 196
preventing independence 197
and Seoanewere also Freemasons. During the war against Napoleon in
Spain, a great many members of the Spanish officer corps, especially those
like La Serna who were taken prisoner by the French, joined Masonic lodges.
In 1817, the vicar of the Army of Alto Per reported them to the Inquisi-
tion at Lima, which opened an investigation and proposed taking action
against them.
102
But the shocking fact that so many of the key officers of
the army in Peru were Masons meant that the Inquisition could not be left
to deal with the matter on its own. Pezuela, who believed that the Masons
were a criminal association, moved swiftly to protect the officers, insisting
that he would take whatever steps were necessary to prevent the lodges
growth.
103
The viceroys authority to remove the matter from the Inquisi-
tions jurisdiction was clear to him: I am the representative [of the king]
invested with the fullness of his power in this part of the Monarchy, he
wrote. My administration has its mysteries just as the Holy Office does,
and therefore the Inquisition could not act without consulting the viceroy,
or without his approval. Reasons of state trumped religion at a time when
the colonial regime was fighting armed insurgents.
The liberal Masons sent to Peru were essential to the defense of the
viceroyalty, but the crown had yet another reason for ordering them to the
other side of the world. At the end of the war, Fernando VII had to
romnticos, 7475. See also M. N. Vargas, Historia, 1:89, where he describes the officers of the
army: The Americans . . . were absolutists, and the pure Spaniards, liberals. In his Las guerras
de los absolutistas y liberales in Amrica, Revista de Indias 14 (1954): 408, 41820, Ganda states
flatly that Viceroy La Serna was the chief representative of Spanish constitutionalism, and
suggests that he may have considered the possibility of establishing a liberal empire in Peru,
independent of Spain. See also Alberto Wagner de Reyna, Ocho aos de La Serna en el Per,
Quinto Centenario 8 (1985): 5657; MenP, Pezuela, Sig. 15: Cuaderno sobre Olaeta, where the
army led by La Serna and Valds is called el ejrcito liberal. At least two regiments of Spanish
troops, the Burgos and the Lancers, were believed to be composed of liberals: Informe que el
teniente coronel Jos Bernldez Polledo (prisionero en Lima) entreg al mayor Domingo Torres
durante su residencia en dicha ciudad, desempeando su comisin para el canje de prisioneros,
18 Dec. 1817, Archivo de San Martn, 7:1720. One scholar questions whether La Serna and the
other peninsular officers were liberals, but his arguments are not convincing: see Brian R.
Hamnett, Revolucin y contrarrevolucin en Mxico y en el Per (Mexico: Fondo de Cultura
Econmica, 1978), 32732.
102. Testimonio del expediente seguido por resultas del parte del vicario del exrcito del Alto
Per a este tribunal acerca de los oficiales de dicho exrcito comprehendidos en la logia de
francomasones, 24 Mar. 1817 to 2 May 1818, ahn-Inquisicin, leg. 1654, cuaderno 1; Cepeda
Gmez, El ejrcito destinado a Ultramar, 27374; Iriarte, Memorias, 9; Valds, Refutacin . . . del
Manifiesto, in Torata, Documentos para la historia, 2:110: La Serna fell prisoner precisely in the
second siege of Zaragoza. La Serna spent four years in a French prisoner-of-war camp:
Diccionario de Historia de Espaa, 2, 2:646.
103. Pezuela to Seor inquisidor decano Dr. Don Pedro Zalduegui, 16 Feb. 1818, ahn-
Inquisicin, leg. 1654, cuaderno 1.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 197
198 deconstructing legitimacy
contend with a surplus of officers, men who had earned their promotions
in battles against Napoleon and who no longer had common soldiers to com-
mand. He could neither employ them nor pay them; hence, as the colonial
insurrections gained momentum, many of them were assigned to fight
in America, where colonial exchequers were expected to support them.
104
There were more than a few such military liberals among the men who
went to Peru after 1814. As the anonymous author of the Exposition by a
Peruvian to Viceroy La Serna put it, Have we not seen among the new
officers who have come here many Constitutionalists, who . . . formed secret
societies to mourn the loss of the Constitution?
105
At least two regiments
of Spanish troops were said to be liberals.
106
With the possible exception
of Manuel de Abreu, the naval officer sent to Peru in 1820 by the liberal
Spanish government to negotiate an end to hostilities, La Sernas contem-
poraries in Peruand in Buenos Airesbelieved that he and his closest
associates were liberals.
107
Abreu, who spent time with San Martn in
Huaura before presenting his credentials to the viceroy, came to admire the
insurgents more than he did La Serna, who by then had ousted Pezuela from
office.
108
San Martn and his men assured me, he wrote in November 1821,
that in Lima I would become convinced that the military authorities, in
violation of the laws, had overthrown the regime simply because of a faction
that did not like [the Constitution] and did not have Constitutional ideas,
109
that is, they were unwilling to consider the Constitutional regimes proposal
104. Clearly, Spain was exporting its financial problems to America. Cepeda Gmez, El
ejrcito destinado a Ultramar, 27780. The officers ambition was difficult to fulfill: Blanco
Valds, Rey, Cortes y fuerza armada, 67, where he points out that, following the Napoleonic war,
there were some 11,000 to 12,000 officers in the Spanish army who could not continue their
military careers. At the end of the eighteenth century, there were 435 generals; their number had
grown to 835 by 1814.
105. Exposicin que hace un peruano al Virrey La Serna, cdip-Tomo 13, 2:196; Iriarte,
Memorias, 34, 89; M. N. Vargas, Historia, 1:89; Wagner de Reyna, Ocho aos de La Serna, 5657.
106. Informe que el teniente coronel Jos Bernldez Polledo . . . entreg al mayor Domingo
Torres, 18 Dec. 1817, Archivo de San Martn, 7:17, 20; Garca Camba, Memorias, 1:369.
107. See, for example, notes in Pezuelas hand dated 22 Feb. 1821, in MenP, Pezuela, Sig. 15;
Iriarte, Memorias, 9; Ganda, San Martn, 91.
108. Miller, Memoirs, 1:300301. Compare the tone of the letters exchanged between La Serna
and Abreu, and San Martn and Abreu, in agi-Lima, leg. 800. Abreu arrived at San Martns
headquarters on 25 Mar. 1821. Garca Camba, Memorias, 1:512; Paz Soldn, Historia . . . 18191822,
16263. La Serna, for his part, disliked Abreu, who criticized the new viceroy for relying too heavily
on a military solution to Perus rebellion: La Serna to Abreu, 2 Nov. 1821, agi-Lima, leg. 800.
109. Abreu to Secretario de Estado y de la Gobernacin de Ultramar, 6 Nov. 1821, agi-Lima,
leg. 800; Miller, Memoirs, 1:300301. Abreu arrived in Huaura on 25 Mar. 1821 and left for Lima
on the 29th: Mariano de Veda y Mitre, La vida de Monteagudo (Buenos Aires: G. Kraft, [1950]),
3638.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 198
preventing independence 199
for what seemed to them a dishonorable armistice agreement. San Martn
was also telling Abreu that La Serna, who insisted that only a military
regime was appropriate in rebellious provinces, was not going to respect
governance by a cabildo or provincial council elected by local residents, as
called for by the Constitution, nor tolerate meddling by a naval officer.
110
The irony of La Sernas position was noticed by the author of the
Exposition by a Peruvian to Viceroy La Serna, who wrote that while
the Spaniards, at a cost of thousands of sacrifices and lives, establish in the
peninsula a charter that has cost so much blood and is cherished as the
shield of their liberty, in America, ah! in America for these same Spaniards
it is the most execrable of offspring.
111
This was not an unusual position
to hold. As Luis Alayza y Paz Soldn expressed the opinion of some of La
Sernas contemporaries, It is said that Spanish liberalism had limits: the
frontiers of Spain.
112
Thus reluctance to apply the Constitution of 1812
in Peru does not imply that La Serna and his coterie were not themselves
liberals. In fact, as long as he remained in Peru, La Sernas closest asso-
ciates, including Gaspar Rico, were avowed liberals, and in 1821 he chose
the short-lived liberal periodical El Triunfo de la Nacin as the vehicle in
which to publish his reasons for usurping Pezuelas office.
113
Once the liberal
government in Spain had been overthrown in December 1823, however,
La Serna attempted to persuade the restored absolutists that he had not
been contaminated by liberalism. On 11 March 1824, he decreed formally
that the Constitution of 1812 was no longer in force in Peru, and in a letter
to the minister of grace and justice, dated 15 March 1824, he asserted that
he had abolished the Constitutional system in every location that fell
under his control during the campaign of 1823
114
as would be expected
of a man who believed that rebellious provinces should be ruled by mili-
tary force alone.
110. Conde de Torata, Consideraciones sobre la Historia de la Expedicin Libertadora del Per de
D. Gonzlo Bulnes, in Torata, Documentos para la historia, 3:34253; La Serna to Abreu, no. 33,
Huancayo, 2 Nov. 1821, agi-Lima, leg. 800.
111. Exposicin que hace un peruano al Virrey La Serna, cdip-Tomo 13, 2:196.
112. Alayza Paz Soldn, Constitucin de Cdiz, 27. See also the opinion that Spanish
liberalism had betrayed Americans, expressed in El Correo Mercantil, Poltico y Literario, a
periodical published in independent Lima after Dec. 1821, as discussed by Martnez Riaza, Prensa
doctrinal, 49; and Maritegui (who worked for Peruvian independence), Anotaciones, 65: For
America, the absolutists are a lesser evil than the liberals.
113. Martnez Riaza, Prensa doctrinal, 42. El Triunfo de la Nacin was published from 13
February to 29 June 1821.
114. Anna, Fall of the Royal Government, 228.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 199
200 deconstructing legitimacy
With the overthrow of the Spanish liberal regime in December 1823, it
became particularly important for formerly liberal army officers to disavow
their earlier political convictions. Some of them may have had a sincere
change of heart: the liberal Cortes of 182023 had carried forward the
program of its predecessor to establish civilian command over the military.
It was clear, too, that a career would not advance if liberal sympathies could
be proven: after the end of the second liberal regime in 1823, Pezuela himself,
never a liberal, was briefly denied appointment and a ttulo de Castilla
because of a sons involvement with the liberal cause in 1815. (Curiously,
Pezuelas brother Ignacio was able to serve both as secretary to the Cortes
in Cdiz and, after the restoration, as Fernando VIIs minister of grace
and justice.) And there was good reason for La Serna to fear being caught
up in the vigorous persecution of liberal army officers being meted out by
Fernando VII.
115
It is therefore highly unlikely that Valds or Garca Camba,
who wrote memoirs after 1823, would mention, let alone emphasize, ties to
the liberals. On the contrary, Valds, who wrote a report to the crown in
July 1827 in which he blamed the royalist loss of Peru on the treachery of
the absolutist General Pedro Antonio de Olaeta, took pains to distance
himself from his liberal past, as did La Serna, who in 1824 insisted that he
had only with the greatest reluctance allowed the Constitution to be
applied in the territories he commanded.
116
Nevertheless, his reputation and
that of his fellow-officers as liberals was not entirely erased, and may have
been a factor in the chilly reception given them by the court when they
returned to Spain after their defeat at Ayacucho.
117
115. Hamnett, Revolucin y contrarrevolucin, 332; Marqus de Torre Tagle to Ignacio de la
Pezuela, Madrid, 22 Sept. 1816 and 20 Feb. 1817, amoz; Martn de Garay to Secretario del
Despacho de Gracia y Justicia, Palacio, 9 June 1817, agi-Lima, leg. 603; Pedro Pegenaute,
Represin poltica en el reinado de Fernando VII: Las comisiones militares, 18241825 (Pamplona:
Universidad de Navarra, 1974), esp. 37, 83, and 85 where the author reports that in 182425, the
comisiones militares brought charges against 1,094 men.
116. Garca Camba, Memorias; Valds, Refutacin . . . del Manifiesto, in Torata, Documentos
para la historia, 2:12627; and the edict issued by La Serna in Cuzco, 11 Mar. 1824, cdip-Tomo 22:
Documentacin oficial espaola, vol. 3: Gobierno virreinal del Cuzco, 26669, 34970. Note, too, that
Valds son, Mariano Torata, Count of Torata, who collected and edited documents on Perus
independence that were published in 189496, took pains to deny that his father had been a
Mason, or anything of the kind: see his Prlogo to Valds Exposicin, in Torata, Documentos
para la historia, 1:7 and 13, the continuation of note 2 that begins on p. 10.
117. Torata, Prlogo, Valds, Exposicin, in Torata, Documentos para la historia, 1:8, where he
reports that Valds and the other officers who had served in Peru were banished from the court;
Torata, however, did not suggest that these men were liberals, hinting only that their bad
treatment derived from the crowns anger at their unsuccessful efforts to preserve Spains rule
in Peru.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 200
preventing independence 201
Joaqun de la Pezuela, by contrast, was an absolutist, a stern Aragonese
artillery officer who believed firmly in authority, hierarchy, and the virtue
of obedienceand he owed his appointment to the absolutist government of
181420 in Madrid.
118
Unlike Abascal, Pezuela apparently left no written
record of well-reasoned opposition to any of the articles of the Constitu-
tion of 1812 and the changes they wrought in colonial governance.
119
He
nevertheless made plain his attitude toward liberal politicians, as, for example,
on 2 May 1820, when news arrived in Lima of the liberal-led mutiny in the
army about to embark from Cdiz to put down rebellion in Argentina. He
believed not only that the army had been subverted by agents of Chile
and Buenos Aires, but also that the liberal revolutionaries were inspired
merely by their desire to occupy lucrative positions at court.
120
He knew
about the failed revolt of General Renovales in Barcelona and the April
1817 conspiracy of the liberal generals, Luis de Lacy and Francisco Milans
del Bosch, to overthrow the government in Madrid. He had been warned
that at least one faction of liberalsthose who had been exiled to London
after 1814were preparing an expedition to attack Spanish possessions in
America.
121
In his Memoria de gobierno, he recorded an instance of a failed
rebellion in the royalist army stationed in Arequipa that appeared to him
to link liberals with insurgents.
122
It is little wonder, then, that he hated
the constitucionales, even though they were of his own persuasion, royalists
who sought to prevent Perus independence from Spain.
123
Thus, in September 1820, Pezuela was evidently pleased that the popula-
tion of Lima demonstrated no support for the reinstated Constitution. When
he read aloud the royal order reestablishing the Constitution in Limas main
plaza, not a single cheer was heard until the judge Osma threw a handful
118. The real orden appointing Pezuela interim viceroy of Peru was dated 13 Oct. 1815: Hoja de
servicios, Joaqun de la Pezuela, ihcm, Expedientes personales.
119. Contrast Abascals correspondence, 181014, in agi-Lima, leg. 1016.
120. Pezuela, Memoria de gobierno, 716, 718; Rodrguez Casado and Lohmann Villena,
Prlogo, Pezuela, Memoria de gobierno, xviii.
121. San Carlos to Pezuela, London, 7 Feb. 1818, Archivo de San Martn, 5:17374; Pezuela,
Memoria de gobierno, 14950, 161. The Spanish ambassador in London had informed him that the
ships being readied to sail for America under the command of General Renovales, Admiral
Brown, and Lord Cochrane were carrying a force composed of Spanish officers exiled because
they were liberals: San Carlos to Viceroy of Peru, London, 14 Jan. and 7 Feb. 1818, sim-Estado,
leg. 8223. Esdaile, Spanish Army, 19798, remarks the spread of liberalism in the officers corps
prior to the 1820 pronunciamiento. See also Llorens Castillo, Liberales y romnticos, 10; Cepeda
Gmez, El ejrcito destinado a Ultramar.
122. Pezuela, Memoria de gobierno, 771.
123. Denegri Luna, Prlogo to Pezuelas Memoria militar, 10. On Pezuelas absolutism, see
Torrente, Historia de la revolucin, cdip-Tomo 26, 4:153.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 201
202 deconstructing legitimacy
of silver to a crowd of Negroes and Zambos who were following the
procession.
124
But once the Constitution had been reinstated, Pezuela was
faced with an impossible dilemma: obedience to the law deprived him of the
authority he believed he needed in order to prevent independence, while
failing to obey it deprived him of legitimacy as viceroy, a point that Gaspar
Rico was quick to seize upon.
The foundation of Ricos devotion to liberalism was the rule of law and
a limited monarchy, which he contrasted with a despotism equated with
the capricious use of political power by king, ministers, and bureaucrats.
As he had written in El Peruano in 1812, In a well-constituted state, man
recognizes nothing superior to the law, and because it is the expression of
his own will, it conforms then to the general law of association and he obeys
nothing other than his own rule. If, in Ricos opinion, those in authority
failed to obey the law, then their rule became tyranny.
125
Ricos faith in the possibility of putting things to rights by restoring
obedience to law (as he interpreted it) characterized his thought from his
first arrival in Peru in 1793 until the end of the second Constitutional regime
in 1823. Writing in 1821, for example, he acknowledged that the spirit of
sedition and independence rules the territory we tread, but declared that
it arises . . . from the sense of having been oppressed, and from the lack
of hope that oppression will cease.
126
For Rico, oppression was limited to
the purely political behavior of those in authority. He had no sense of the
economic oppression that was so large a part of the colonials grievances,
and even denied the validity of the perennial complaints that criollos were
not promoted in sufficient numbers to the best posts in the bureaucracy.
127
124. Pezuela, Memoria de gobierno, 75859. Nevertheless, the Gaceta del Gobierno de Lima, 23
Sept. 1820, reported that the proclamation was greeted enthusiastically; in the copy of the Gaceta
preserved in MenP, Pezuela, Sig. 21, q. 9, there is a marginal note in Pezuelas hand: Nadie hizo
tales manifestas. See also an eyewitness account by R.M. in cdip-Tomo 26, 2:47677, which
confirms the absence of enthusiasm. The revolt that inaugurated the second Constitutional
period (182023) was led by Rafael Riego, an officer in the Ejrcito de la Isla that had been
ordered to sail for America: Cepeda Gmez, El ejrcito destinado a Ultramar, 209301.
125. El Peruano, 24 Apr. 1812, cdip-Tomo 23, 3:3034. Martnez Riaza, Prensa doctrinal, 144,
characterizes this passage as a particularly illuminating description of the liberal concept of law.
See also the issues of El Peruano for 3 Dec. 1811, 5 and 9 June 1812.
126. Martnez Riaza, Prensa doctrinal, 313, citing El Depositario 8 (Lima, 7 Mar. 1821).
127. Rico to San Martn, 6 June 1821, agi-Lima, leg. 800; Martnez Riaza, Prensa doctrinal,
88, 17374; Francisco Salazar Carrillo de Crdoba to Secretario de Estado y del Despacho
Universal de Indias, Madrid, 17 Aug. 1814, agi-Lima, leg. 1018-B; Informes de ex-diputados a
Cortes, Madrid, 17 Nov. 1814, agi-Lima, leg. 613; Manuel Lorenzo de Vidaurre, Memoria sobre
la pacificacin de la Amrica meridional, cdip-Tomo 1, 5:277; El Depositario 64 (Cuzco, 10 Apr.
1822). See also Ricos earlier defense of Manuel Villalta, who had published complaints about
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 202
preventing independence 203
In both El Peruano and the early issues of El Depositario, the royalist
newspapers he contributed to or published in 181112 and from 1821 to 1824,
Rico proclaimed the virtues of the liberal Constitution and insisted that,
once its provisions were put into effect, the grievances of Americans would
evaporate into thin air.
128
Only capricious absolutist viceroys who refused
to obey the lawand obstinate revolutionaries in the service of foreign
merchantsstood in the way of pacification.
RELATIONS WITH FOREIGNERS IN PERU
Throughout the revolutionary period from 1808 to 1824, a second element
of Ricos thought and activity remained constant: his opposition to all
direct commercial contact between foreigners, especially the British, and the
residents of Spains possessions in South America. For much of Ricos adult
life, Spain had been at war with England, and Rico could see nothing but
disaster resulting from any colonial contact with the enemy. In El Peruano
Extraordinario of 11 December 1811, he had asserted that direct colonial
trade with foreigners would make Spanish America dependent on the
them instead of on Spain.
129
His opinion agreed with the official posi-
tion of the consulado, which in October 1818 declared that it is impossi-
ble to permit free trade without the entire Spanish edifice falling to
absolute ruin, and, in 1819, insisted that with free trade, the ties of these
dominions with the Metropolis are broken. . . . If it is allowed, the
Americas disappear.
130
Like many of his contemporaries, Rico believed that there was a clear
link between the increase in illegal direct trade and the progress of rebellion
in America. In El Depositario, he blamed the revolutions for independence
not on Spains refusal to redress American grievances, but on the English,
the greedy, bloodthirsty English, who, far from acting out of political
Spanish appointment policies that discriminated against Americans, in El Peruano, no. 14 (22
Oct. 1811), cdip-Tomo 23, 2:12129, where Rico discusses not the merits of Villaltas case, but the
action of the Junta de censura in condemning publication of his complaints.
128. Martnez Riaza, Prensa doctrinal, 43. See also Martnez Riazas discussion (40) of a little-
known periodical, El Espaol Libre, published in Cdiz ca. Mar. 1813January 1814 (when Rico
was in Cdiz) and republished in Lima; its themes and rhetoric are remarkably similar to those
that preoccupied Rico throughout his career as a publicist in Peru.
129. El Peruano Extraordinario 29 (11 Dec. 1811), cdip-Tomo 23, 2:27879.
130. Acta del Consulado de Lima, 14 Oct. 1818, agnp-Consulado, leg. 24; Testimony of the
consulados representatives before the Junta general de tribunales, 5 Feb. 1819, agi-Lima, leg.
1550.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 203
204 deconstructing legitimacy
idealism, simply wanted to make a profit on their commercial ventures.
131
In 1820, when the Constitution of 1812 was again in force, when all Spanish
territories are Constitutionally free, he wrote, San Martn and his com-
rades continue the revolution and expand it, either to enslave the people
of Peru or to increase commerce with foreigners.
132
But if they succeeded,
they would impose a new and less agreeable dependence on Peru. In a play
on the Spanish words for cloth (trapos) and troops (tropas), he declaimed:
Either the English will sack us with cloth, or San Martn will sack us
with troops.
133
It is at this point that the logic of Ricos belief in a mili-
tary solution to the problem of pacification becomes most evident: with the
political problem solved by Constitutional rule, there could be no honor-
able reason to continue the revolution and therefore the rebels would have
to be subdued by force; negotiation and compromise were inappropriate.
I am convinced, he wrote shortly after Pezuelas overthrow, that prompt
and successful military action is the only means of putting down the
rebellion. Pezuela, in his opinion, had been criminally unwilling to attack
San Martn for reasons that Ricoand the peninsular officers who over-
threw the viceroybelieved to be either insubstantial or corrupt.
134
Gaspar Ricos position on the best means of pacifying Spains rebellious
American colonies differed radically from that of his old rival and enemy,
Pedro de Abada. After Ricos return to Lima in 1818, conflict between the
two men escalated from the personal to the political, and became focused
on the question of direct trade with foreigners. Unlike Rico, Abada and
131. El Depositario 31 (24 May 1821), quoted by Martnez Riaza, Prensa doctrinal, 314;
Martnez Riazas discussion of this issue, 17980, and compare the Representacin hecha a S.M.
. . . por el Real Consulado y Diputacin de Comercio de esta Plaza [Cdiz], 23 Dec. 1817, agi-
Consulados, leg. 81; and Informe de la junta de diputados consulares, 22 Aug. 1817, agi-
Consulados, leg. 62, where the merchants of Cdiz asserted that there was a close relationship
between revolution and direct trade with foreigners, and where they stated flatly that the
revolution of America is the work of the heinous policy of a few foreign governments and of
private adventurers, and not of the countrys natives. See also the assertion that the foreigners
who were supposedly helping the revolutionaries were in reality interested only in enriching
themselves at the expense of the new nations: La Comisin de Reemplazos representa a la Regencia
del Reino, el estado de insurreccin en que se hallan algunas provincias de Ultramar . . . (Cdiz:
Imprenta de la Junta de Provincia, en la Casa de Misericordia, 1814), 1921.
132. Rico printed some of his representations to the crown in El Depositario, no. 8 (7 Mar.
1821) and no. 22 (13 Apr. 1821): Martnez Riaza, Prensa doctrinal, 313, 314.
133. Pueblo ilustrado, hombres justos, la alternativa que nos presentan es demasiado visible e
insolente: o nos saquean los ingleses con los trapos, o nos saquea San Martn con sus tropas.
Quoted by Martnez Riaza, Prensa doctrinal, 313, from El Depositario no. 17 (Mar. 1821), in turn
quoted from an article that appeared in El Censor Econmico, no. 4.
134. Martnez Riaza, Prensa doctrinal, 313 citing El Depositario 8 (7 Mar. 1821); Depositario 64
(10 Apr. 1822); Valds, Refutacin . . . del Manifiesto, in Torata, Documentos para la historia, 2:5560.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 204
preventing independence 205
other agents of the Filipinas Company got along well with foreigners,
especially the English and North Americans.
135
As the British traveler Basil
Hall phrased it, Abada was the friend of all strangers, to whom his hos-
pitable doors were always open.
136
Abada had lived in the United States
prior to going to Peru in 1806, and he made at least one trip to London
during Pezuelas tenure as viceroy. Abada as well as several of his colleagues
in the Company in Lima spoke English fluently.
137
Abadas friendliness toward foreigners gave rise to charges that the Fili-
pinas Company was involved in promoting direct trade with them, as indeed
it was. Shortly before Ricos return to Peru, the Filipinas Company was
accused of continuing to import Asian and British goods directly to Peru
when . . . it is only permitted in time of war. In the companys defense,
the directors in Madrid pointed out that permission to trade in Asian
goods in time of peace had been granted by a royal order dated 5 August
1814.
138
Furthermore, they claimed, the company had introduced a very
135. For example, Directors, Real Compaa de Filipinas to Martn de Garay, copying for
him a letter from their agent in Burdeos in which the French naval officer, Camille de Roquefeuil,
praised Abadas friendliness, Madrid, 8 Aug. 1817, agi-Filipinas, leg. 993. See also Roquefeuils
Le tour du monde en 37 mois (Bordeaux, 1952; chap. 3 reprinted as Lima y Callao en 1817 in cdip-
Tomo 27), 1:12425; V. M. Golovnin, Lima y Callao en 1818, ibid., 15152, 15859, 161.
136. Basil Hall, Extracts from a Journal Written on the Coasts of Chili, Peru, and Mexico in the
Years 1820, 1821, and 1822, 2 vols., 2nd ed. (Edinburgh: Archibald Constable, 1824), 75.
137. The Citizen don Pedro Abada, a resident of Pasco, with the most profound respect,
expresses to the Sovereign Congress, Lima, 22 June 1831, U.S. National Archives, Diplomatic
Section E261: Miscellaneous claims against Peru, 182251, Envelope 1, folder 8: Claim of Schooner
Macedonia, Don Pedro Abada, Claimant; Pezuela, Memoria de gobierno, 123. Abada sailed from
Callao aboard a British frigate on 12 Mar. 1817, carrying Pezuelas dispatch to the minister of war
and a letter to the duke of San Carlos on the loss of Chile. It is not known when he returned to
Lima, but he next appeared in Pezuelas diary on 4 May 1818: Pezuela, Memoria de gobierno, 123,
263. On Filipinas associates fluent in English, see Hall, Extracts from a Journal, 73; Mendiburu,
Diccionario, 1:5455; Declaration by John Stacy, captain of the Bostonian merchantman Ellen and
Mary, translated by the Filipinas agent, Flix DOlhaverriague y Blanco, 26 May 1819, MenP,
Pezuela, Sig. 4, q. 6.
138. Mendiburu, Diccionario,1:55, and the complaint of the consulado of Cdiz about the
Filipinas Companys direct trade to Peru: Consulado de Cdiz to Josef Canga Argelles, 1 Mar.
1811, agi-Indif. gen., leg. 2462; Consulado de Lima to Crown, 3 May 1817, agnp-Hacienda
colonial, leg. 1227; Informe de mesa, Madrid, no date (1820?), agi-Indif. gen., leg. 313; Real Com-
paa de Filipinas to Cristbal de Gngora, Madrid, 1 Aug. 1814, and A los virreyes del Per y
Buenos Aires y al gobernador de Filipinas, 5 Aug. 1814, both in agi-Indif. gen., leg. 2440. The
license was amplified a few years later: Real Compaa de Filipinas to Manuel Lpez Araujo,
Madrid, 14 Dec. 1816, and Real orden, 20 Dec. 1816, agi-Indif. gen., leg. 2440, by which the license
granted on 12 July 1803 to import goods in peacetime was confirmed and the value increased to 1
million pesos annually in two ships; the cmplase is in Pezuela to Ministro de Hacienda, no. 161,
18 Sept. 1817, agi-Filipinas, leg. 993. For information on other cases of alleged contrabanding by
the Filipinas Company, see Abascal to Crown, Apr. 1807, agi-Lima, leg. 650; and the reports on
activities of the Filipinas Company in agi-Lima, legs. 602, 604, 1020.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 205
206 deconstructing legitimacy
small quantity of textiles compared with the consumption of those people
and with the value of textiles from Granada and Valencia, which the Cinco
Gremios were distributing.
139
On 7 March 1818 the crown issued a confiden-
tial royal order permitting the company to organize one annual expedition
to Peru in a foreign ship flying a foreign flag; but because the royal order
was reservado, the companys cargo could appear to be contraband.
140
Thus
the finance ministry in Spain believed that the company was misrepresenting
the extent of its direct foreign trade with Peru, and that the damage caused
to the commerce of America and the peninsula, and to the treasury, by the
expeditions of the company demands a prompt and effective remedy.
141
Whether or not the imports of the Filipinas Company could properly
be classified as contraband, no remedy to the problem of direct trade with
foreigners could be put in place in the Pacific. Even though there were
three Spanish frigates and three corvettes still on station in Callao,
142
foreign
merchantmen were able to sell their goods all but unimpeded by the royal
navy. On 6 November 1817, on the same day that Pezuela received the
report of a junta appointed to suggest means of controlling contraband,
an English ship loaded with contraband anchored at Callao; it had been
captured by the Spanish warship Venganza off Valparaso, Chile, on 24
October, and Pezuela ordered its captain imprisoned and tried as a smug-
gler.
143
But instances of effective policing became increasingly infrequent
as the Chilean fleet, commanded by Lord Cochrane, a renegade British
naval officer, established control of the seas off Peru.
144
On 20 April 1819,
139. But at the end of 1817, the inventory of the Lima factora was the largest of any of the
companys overseas offices, with goods valued at 7,855,136 reales velln: Extracto del balance
general de la Real Compaa de Filipinas, Madrid, 31 Dec. 1817, agi-Filipinas, leg. 993.
140. Informe de mesa, 21 Feb. 1818, agi-Filipinas, leg. 994; Ministro de Hacienda to Pezuela,
7 Mar. 1818, agi-Filipinas, leg. 994; Viceroys indexes, Apr. 1820, agi-Lima, leg. 649; Exposicin
de la Junta de gobierno de la Real Compaa de Filipinas a la General, 10 July 1818, agi-
Filipinas, leg. 993.
141. El Consulado de Lima . . . , 3 May 1817, and attachments, agi-Indif. gen., leg. 313.
142. Bowles to Croker, 28 Nov. 1817, Graham and Humphreys, Navy and South America,
21213: The whole naval force of His Catholic Majesty in these seas consists of the Venganza and
the Esmeralda, of 36 guns each, and three corvettes of 16 or 18 guns. The Venganza is in so bad a
state that she must return to Europe immediately. Bowles omits mention of the Prueba, the
third Spanish warship in the Pacific.
143. MenP, Pezuela, Sig. 4, q. 1; Pezuela, Memoria de gobierno, 17980. The ship in question
was the Mary Ann, and her case led to protests by Commodore William Bowles, the British
commander of the South American Station. Graham and Humphreys, Navy and South America,
21112, 216, 217; Pezuela, Memoria de gobierno, 17980; B. A. Jacobs, The Mary Ann: An Illicit
Adventure, HAHR 37, no. 2 (1957): 200212.
144. Pezuela to Secretara de Hacienda, 3 Nov. 1818, agi-Lima, leg. 759.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 206
preventing independence 207
the Chileans declared the coast from Guayaquil to Atacama blockaded
and, as Edward Billingsley comments, Nothing illustrates the shift of sea
power in the Southeast Pacific from royalist to patriot hands so clearly as
the failure of the Spanish fleet to leave the security of their anchorage under
the guns of Callao to challenge the blockading ships.
145
By 1820, with insur-
gents preying on Spanish shipping virtually at will, Pezuelas frustration at
the incompetence of the Spanish navy stationed at Callao was manifest.
Notes in Pezuelas hand in the margin of his copy of the Gaceta del Gobierno
de Lima include the sarcastic comment that a 48-gun frigate, very swift-
sailing and fully manned [i.e., the Prueba] allowed a heavy corvette of 28
guns [the Andes] to escape.
146
To make matters worse, the Pruebas captain,
disobeying Pezuelas orders, put in to Guayaquil, inciting Lord Cochranes
lust to capture it; the viceroy had to order the warships Esmeralda and
Venganza to go after it and force its captain to return to Callao.
147
Pezuelas frustration was compounded by the high cost of maintaining the
few warships at his disposal; between July 1816, when he became viceroy,
and April 1820, the considerable sum of 1,701,032 pesos had been spent,
to no apparent avail, and over the winter of 1820 an additional 72,000
pesos had been allocated to make the Prueba, Venganza, and Esmeralda sea-
worthy.
148
On 20 August 1820, Pezuela had to threaten to decommission
the three warships unless they put out to sea to observe and harass the
Chilean fleet believed to be transporting San Martns army. Two of them
finally set sail on 10 September, the day after San Martn invaded Peru,
and returned to port on the 25th, having done nothing more than recon-
145. Edward B. Billingsley, In Defense of Neutral Rights: The United States Navy and the Wars of
Independence in Chile and Peru (Chapel Hill: University of North Carolina Press, 1967), 93.
146. Gaceta del Gobierno de Lima, 29 July 1820, MenP, Pezuela, Sig. 21, 37375. The Prueba was
the only one of three warships to survive the voyage from Cdiz in 1819; the Alejandro I returned
to port because it was unseaworthy, and the San Telmo was lost during a storm off Antarctica:
Laurio H. Destefani, La Real Armada espaola y la guerra naval de la emancipacin hispano-
americana, Cuarto Congreso Internacional de Historia de Amrica, 8 vols. (Buenos Aires, 1966),
4:398.
147. Pezuela to La Serna, Confidencial, 10 Feb. 1820, MenP, Pezuela, Sig. 4, q. 7; Pezuela to
Ministro de la Guerra, 12 Feb. and 25 Mar. 1820, MenP, Pezuela, Sig. 4, q. 8. This was not the first
time that the captain of the Prueba disobeyed Pezuelas orders; in October 1819, he put in to Paita,
allegedly to escape the enemy fleet, repair damage, and resupply his crew with food and water:
Meliton Prez de Camila to Pezuela, 10 Oct. 1819, MenP, Pezuela, Sig. 4, q. 6.
148. Gastos de marina desde el mes de julio de 1816 . . . hasta hoy 17 de abril 1820, 17 May
1820, MenP, Pezuela, Sig. 4, q. 9. In his Memoria de gobierno, 750, Pezuela claimed to have spent
more than 2 million pesos on the Callao naval forces in the four years of my command. See
also the earlier Razn de las cantidades entregadas a la Marina desde 15 de julio de 1816 hasta la
fecha con distincin de aos y fechas, 11 Dec. 1818, MenP, Pezuela, Sig. 4, q. 4, giving the total as
795,454 pesos 4 reales.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 207
208 deconstructing legitimacy
noiter Pisco.
149
As Pezuela noted bitterly, amateurs were more effective
than the royal navy: Merchantmen possessing the wherewithal to defend
themselves have set an example for the warships, which in four years have
done nothing useful, he wrote, except for capturing the brig Mayp; all
the rest has been loss at sea.
150
Pezuela knew that the attack on Spanish shipping in the Pacific was an
integral part of rebel strategy to gain Perus independence from Spain, and
that without competently manned warships from Spain, he would be
unable to defend Peru or recapture Chile.
151
But the most important
effort to reinforce the Spanish fleet in the Pacific ended in failure. On 21
May 1818, six weeks after the disastrous defeat of the royalist army at
Mayp in Chile, eight ships carrying some 2,000 men (including one of
Pezuelas sons) and escorted by the warship Mara Isabel sailed from
Cdiz. The expedition ended in disaster; the ships had been poorly provi-
sioned, and the Mara Isabel itself, one of eleven warships purchased from
Russia, had been judged unseaworthy when it arrived in Cdiz.
152
A mutiny
aboard one of the troopships, the Trinidad, forced that ship to put in to
Buenos Aires. From its crew, the rebels learned where the remaining ships
were to congregate in the Pacific after the perilous journey through the
149. Pezuela, Memoria de gobierno, 74950, 75455, 770; San Martn to Sr. Ministro de Estado
en el Departamento de la Guerra, Pisco, 13 Oct. 1820, cdip-Tomo 6, 2:147. As early as February
1820, Pezuela had given orders for the three warships to harass the insurgent fleet when it set sail
from Chile: Pezuela to Sr. Comandante de Marina, 29 Feb. 1820, Document no. 38, Pezuela,
Manifiesto, 43123. According to Garca Camba, Memorias, 448, the warships could not sail for
want of an adequate crew, but Pezuela insisted that the ships were fully manned and the mens
pay up to date. The insurgents were aware of the royalists problem securing crews: see Bernardo
OHiggins to San Martn, Concepcin, 21 Aug. 1817, cdip-Tomo 8, 1:212.
150. Pezuela, Memoria de gobierno, 764; San Carlos a los principales gefes de S.M. en
Amrica, London, 12 Nov. 1817, sim-Estado, leg. 8223. The Mayp, a Chilean privateer, was
captured off Callao in 1818 by a royalist force comprised of a frigate and a bergantine: Destefani,
Real Armada, 402.
151. Pezuela to Secretario de Estado y del Despacho de la Guerra, 10 Feb. 1819, MenP,
Pezuela, Sig. 4, q. 5; Pezuela, Memoria de gobierno, 122, 298. San Carlos proposed that the
crown purchase ships no longer needed by the British East India Company, and refit them for
service in the Pacific, warning that privateering expeditions were being prepared in Great
Britain to prey on Spanish shipping in the Pacific: San Carlos a los principales gefes de S.M.
en Amrica, London, 12 Nov. 1817, and San Carlos to Pezuela, London, 7 Feb. 1818, sim-
Estado, leg. 8223.
152. D. Jos Ignacio de Colmenares, Capitn de Navo, retirado de la Real Armada, defensor
del Teniente de la misma clase D. Dionisio Capaz, Lima, 29 Aug. 1820, in Torata, Consideraciones
sobre la expedicin libertadora, in Torata, Documentos para la historia, vol. 3, appendix no. 5, 368, 393;
Russell H. Bartley, Imperial Russia and the Struggle for Latin American Independence, 18081828
(Austin: Institute of Latin American Studies, University of Texas, 1978), 124.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 208
preventing independence 209
Straits of Magellan, enabling the Chilean fleet to intercept them.
153
One
of the nine ships, its crew and soldiers decimated by illness and death,
anchored in Callao Bay on 27 October 1818,
154
but in what was to become
a cause clbre, the Mara Isabel was captured by the Chileans. This catas-
trophe forced me to alter all my plans, Pezuela wrote in his Memoria de
gobierno, for if [the warship] had joined our maritime forces in Callao, we
would have dominated the Southern Sea; . . . commerce would have
escaped from its paralysis and it would have been less difficult to sustain the
war effort. With the loss of the Mara Isabel, control of the sea passed to
the insurgents, making the invasion of Peru itself an imminent danger.
155
According to Pezuela, the desperately needed warship could have avoided
capture, had it not been for the consulados obstinate objection to direct
trade with foreigners. On 4 October 1818, Eliphalet Smith, captain of the
American merchantman Macedonian, brought Pezuela the news that one of
the troopships had put into Buenos Aires, and that the Chilean squadron
was about to set sail to intercept the Mara Isabel and the remaining
transports. Smith offered to sell his ship to the royalists, once its cargo
had been unloaded in Callao.
156
Pezuela reported that the Macedonian was
153. Junta de guerra, 1 Dec. 1818, cdip-Tomo 6, 1:19091. On 11 November 1818 Pezuela
learned that the Chilean fleet had left port on 9 October to intercept the expedition: Memoria de
gobierno, 380. According to a copy of the Gazeta Ministerial Extraordinaria de Chile, 10 Nov. 1818,
found in Pezuelas file on the loss of Chile, the rebel fleet had hoisted the royalist flag and
exchanged the correct signals with the remains of the convoy: MenP, Pezuela, Sig. 9.
154. Pezuela, Memoria de gobierno, 372, 383; Pezuelas file on the loss of Chile, note of 27 Oct.
1818, MenP, Pezuela, Sig. 9, where he records the arrival of the transport ship Especulacin with
200 moribund men; Pezuela to General Mariano Ricafort, 11 Dec. 1818, MenP, Pezuela, Sig. 4, q.
4, where he says of the expedition that more than 500 men of the 2,000 were thrown overboard
dead during the voyage and when the survivors were captured they were nothing but skeletons.
Pezuelas future son-in-law, Rafael Cevallos Escalera, was on board this ship. Two more of the
troopships, the Atocha and the Santa Mara, anchored in Callao on 7 November 1818 along with
the merchantmen Xaviera and San Fernando (the latter belonging to the Filipinas Company),
which had sailed with the ill-fated convoy: Gaceta del Gobierno de Lima, no. 68 (27 Oct. 1818) and
no. 71 (7 Nov. 1818), 561, 585; Pezuela to La Serna, 26 Nov. 1818, MenP, Pezuela, Sig. 4, q. 4.
155. Pezuela, Memoria de gobierno, 384, entry for 28 November 1818, when Pezuela learned of
the Mara Isabel s capture from the Gaceta de Chile, brought to Callao aboard the English
merchantman Catalina. For an account of the ships capture, including the tricks used by the
insurgent fleet, see Mitre, Historia de San Martn, vol. 3 of Obras completas, 2429; Acta, Junta
particular de guerra, 1 Dec. 1818, cdip-Tomo 6, 1:19094, and MenP, Pezuela, Sig. 4, q. 4.
156. Pezuela, Memoria de gobierno, 36263. Smith and the Macedonian sailed from Boston on 5
February 1818 with a cargo valued at more than U.S.$116,000: Depositions of Thomas Amory,
Benjamin Humphrey, Henry Farnum, and Thomas H. Perkins before Thomas A. Dexter, Notary
Public and Justice of the Peace for the County of Suffolk, in the case of the Brig Macedonian and
cargo, 16 July 1847, U.S. National Archives, State Department: U.S. Claims Against Chile, Record
Group no. 76.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 209
210 deconstructing legitimacy
a ship famed for her rare speed and armed with twenty cannon . . . for
the successful pursuit of the many pirates that infest these seas. Once it
had been purchased, he intended to use it to warn the Mara Isabel not to
put into rebel-held Valparaso. The consulado hard-liners were adamantly
opposed to the scheme, however, demanding instead that the Macedonian
be required to leave port immediately, fully laden. It is not possible, they
reiterated, to allow foreign commerce without the collapse of the entire
Spanish edifice.
157
But Pezuela, not the consulado, was rebuked by the crown
for failing to warn the Mara Isabel of the danger posed by the Chileans.
158
For the remainder of Pezuelas tenure as viceroy, Spain proved unable to
respond to his appeals for warships capable of destroying the rebel fleet
and thereafter enforcing the commercial laws to which Gaspar Rico was
devoted. Instead, the viceroy was exhorted to control the excessive contra-
band that takes place on those coasts by whatever means his zeal suggests
to him.
159
By mid-1818, Pezuela was convinced that permitting direct trade
with foreigners in Peru was not only the best way to reduce contraband but
also essential to the military campaign against the rebels: there was simply
157. Acta, Consulado de Lima, 14 Oct. 1818, agnp-Consulado, leg. 24; Declaration of Eli-
phalet Smith, Lima, Oct. 1818, used as evidence in the trial of Dionisio Capaz, captain of the
Mara Isabel, Archivo del Museo Naval, Madrid, MS 1546, fol. 28 (Smiths Macedonian is not to
be confused with the U.S. Navys warship of the same name); Pezuela to Ministro de Hacienda, 3
Nov. 1818, cdip-Tomo 22, 2:32; Mendiburu, Diccionario, 8:41617; Pezuela, Memoria de gobierno,
301, 36263, 37273, 380, 383; Regalado and Salinas, Apuntes sobre la actitud del consulado, 284.
On the Mara Isabel affair from Pezuelas perspective, see Pezuela to General Mariano Ricafort, 11
Dec. 1818, and the minutes of the Junta particular de guerra, 1 Dec. 1818, MenP, Pezuela, Sig. 4, q.
4; Pezuela to San Carlos, 14 Jan. 1819, sim-Estado, leg. 8223; drafts of a reply to La Sernas
Exposicin . . . contra Olaeta, MenP, Pezuela, Sig. 15, 1013, 15155; Pezuela, Memoria de
gobierno, 362. Another account is in cdip-Tomo 7, 2:15570. Official accounts of the disastrous
expedition are in MenP, Pezuela, Sig. 9. For the Chilean Admiral Manuel Blanco Encaladas
report on the capture of the Mara Isabel, see the Gaceta Ministerial Extraordinaria de Chile, 10 Nov.
1818, MenP, Pezuela, Sig. 9. See also Billingsley, In Defense of Neutral Rights, 7778, 15354. Valds,
Exposicin, in Torata, Documentos para la historia, 1:32022, copying the arguments of Dionisio
Capazs defense lawyer, asserts that Pezuela was both directly and indirectly responsible for the
loss of the Mara Isabel because he ordered Osorio to evacuate Talcahuano and failed to dispatch
the royalist pailebot Aranzazu on a mission to warn the fleet not to put in to Chilean ports. This
point of view is also presented by Garca Camba, Memorias, 1:37078. Pezuelas Memoria de gobierno,
34546, 349, 352, 353, 356, 360, 364, 367, 370, explains the evacuation of Talcahuano as necessary to
avoid capture of the royalists remaining warships as well as men and munitions, and to increase the
royalists ability to defend Lima; the Aranzazu, moreover, was at sea during the critical weeks of
early October, when Pezuelas proposal to purchase the Macedonian was rejected by the consulado.
158. Garca Camba, Memorias, 1:378.
159. Orden en limpio sin firmar . . . para el Virrey del Per, 10 Nov. 1819, agi-Lima, leg. 1550;
a signed copy is in agi-Indif. gen., leg. 313. For the period from 1814 to 1820, see also the
acknowledgments of a series of reales rdenes commanding the viceroy to enforce the trade laws,
in agi-Lima, legs. 649, 650.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 210
preventing independence 211
no other way to pay for pacification except by taxes collected on merchan-
dise carried to Callao by foreigners.
THE FINANCIAL CRISIS
When Pezuela succeeded Abascal as viceroy in 1816, he discovered the dimen-
sions of a financial crisis of which he was unaware while in command of
the Army of Alto Per. As he wrote to his former commander in Spain,
when he turned over command, he left the army in a handsome condition
and position, with new uniforms, more than well-instructed and disciplined
. . . paid for all of that month of my departure and with 80,000 pesos in
the treasury for the following one. His arrival in Lima came as a rude
awakening. The treasury was more than 11 million pesos in debt.
160
There
is not a single peso in this treasury; the garrison of the capital is owed six
months wages and expenses, the letras ejecutivas that must be paid amount
to millions; the Extremadura regiment began an uprising because it was
not paid; and we are exposed to a catastrophe by the extremity of need.
161
Revenues were inadequate: in 1816, only about 1,800,000 pesos were collected,
but 2,683,825 pesos were required to cover expenditures. Of this, only 999,783
pesos were for the usual bureaucratic salaries and pensions, most of the rest
being dedicated to military expenses. And the cost of defense continued
to rise as peninsular troops were dispatched to Peru.
162
Over the ensuing
several years, Pezuela himself loaned more than 20,000 pesos to the govern-
ment, without interest, in the hope that it would serve as a good example.
To publicize yet more dramatically the desperate need for funds, he ordered
the silver dinner service used in the viceregal palace melted down, thus
160. Pezuela, Memoria de gobierno, 1974; Pezuela, Manifiesto, 283.
161. Pezuela to Martn Garca de Loigorri, 12 July 1816, seg, Expediente P-1951; Pezuela to
the Ministros del Ejrcito y Real Hacienda, 31 Aug. 1820, ihcm, Expedientes Personales: Joaqun
de la Pezuela; Anna, Fall of the Royal Government, 10932, 13942; 14951; Stevenson, Twenty
Years Residence, 3:12730. Pezuelas description of the state of the treasury when he became viceroy
angered his predecessor, Fernando de Abascal, and clearly contributed to Abascals opposition to
Pezuelas proposal for direct trade with foreigners: see Informe del Marqus de la Concordia
sobre el proyecto de comercio libre entre el Puerto del Callao de Lima y la Inglaterra, 29 June
1819, agi-Lima, leg. 1550.
162. Pezuela, Memoria de gobierno, 4, 7980; Fernando Zambrano and Pablo Porturas y
Landzuri to Pezuela, 18 July 1816, cdip-Tomo 26, 3:367; John Jay TePaske, The Costs of
Empire: Spending Patterns and Priorities in Colonial Peru, 15811820, CLAHR 2, no. 1 (1993):
133, esp. fig. 4, 16; Mendiburu, Diccionario, 8:40911.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 211
212 deconstructing legitimacy
becoming the first viceroy who has served his table with clay.
163
Such
gestures were inadequate, however, and efforts to reduce expenses, promote
mining production, raise taxes on a variety of goods, and collect debts owed
to the treasury could not pay the costs of the war. Pezuela knew that, in fact,
there was only one source of revenue that could be depended upon to provide
enough money for defense, and provide it quickly: the import-export trade.
From the beginning of his vice-regency, Pezuela believed that foreigners,
especially the British and North Americans, favored independence as the
best means of opening the markets of Spanish America to their commerce,
and that, with taxes on direct foreign trade in Chile, the rebels were financing
their war against the royalists. By contrast, the viceregal governments resources
were steadily diminished: when Chile became independent, Lima was
deprived of some 500,000 pesos of income annually from duties on imports
of wheat and tallow and exports of sugar and molasses, a loss that the vice-
regal exchequer could not afford.
Pezuela worked hard to avoid opening Perus ports to direct trade with
foreigners. For almost two years ( July 1816 to May 1818), he alternately
courted, cajoled, and bullied the consulado into supplying him with money
in the form of forced loans at 6 percent interest, guaranteed by future collec-
tion of customs duties. Unfortunately, while the consulado and its merchants
promised much, they provided little. At the end of September 1816, scarcely
ten weeks after becoming viceroy, Pezuela opened negotiations with the
consulado for a loan of 500,000 pesos, to be repaid at the end of four years.
As Pezuela wrote in his Memoria de gobierno, The result did not corre-
spond to the intentions of the viceroy or the consulado, for not even a
quarter of the 500,000 pesos was collected.
164
On 27 July 1818 the consulado
had pledged 117,000 pesos per month to help defend Peru against the
invasion expected from newly independent Chile, and by the beginning of
October should have provided 234,000 pesos. Only 40,000 pesos were
collected. Nevertheless, in its correspondence with the court in Madrid,
163. Pezuela to Ministros de la Guerra y Hacienda, 31 Aug. 1820, ihcm, Expedientes Per-
sonales; Pezuela to Ministro de Real Hacienda, 17 Aug. 1819, and Razn de la plata labrada del
uso del Exmo. Sr. Virrey, que yo Dn. Francisco Varela, Mayordomo de S.E., entreg de su orden
en las Caxas Reales, 16 Aug. 1819, both in MenP, Pezuela, Sig. 4, q. 6. See also the account of the
commander of the Russian warship Kamtchatka, who visited Peru in February 1818, in cdip-
Tomo 27, 1:155: The table service was not appropriate to a viceroy: some plates of ordinary china,
knives and forks of silver.
164. Pezuela, Memoria de gobierno, 88, 90, 184, 196.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 212
preventing independence 213
the consulado took credit for having supplied the entire amount of both
loans, and an additional 150,000 pesos also pledged on 27 July 1818.
165
The cost of the war effort escalated steadily from February 1817, when a
royalist army was defeated at Chacabuco in Chile, through March of 1820,
when Pezuela was convinced by his diplomatic informants and his spies
that the rebel governments of Buenos Aires and Santiago were in such
disarray that an invasion of Peru was beyond their capacity to sustain.
166
In October 1817, the viceroy estimated that 500,000 pesos would be required
to reconquer Chile; by the end of December, soon after the expedition set
sail from Callao, 1,297,296 pesos had been spent.
167
In order to help pay
for the expedition, he resorted to an unusual scheme, but one that had
been used earlier by Viceroy Abascal. In 1814, Abascal had provided the
expedition to reconquer Chile with 50,000 pesos in cash, and also with a
considerable quantity of sugar and tobacco, that the profit from these articles
might serve to meet the expenses of the army.
168
Abascals efforts to procure
an adequate supply of high-quality tobacco for this operation were criticized
by his enemies, including Gaspar Rico.
169
Nevertheless, Pezuela decided
to follow in Abascals footsteps. With some wonder, the British naval com-
mander in the Pacific reported to the Admiralty that it is scarcely credible
but nevertheless literally true, that although the Spanish troops are to land
in a country entirely hostile and where they have not a single magazine, the
transports, instead of provisions, are taking in sugar and tobacco, because
those articles are extremely dear in Chile and it is supposed a great profit
will be made upon them.
170
But Pezuela had no alternative; there was no
165. Acta, Junta de comercio, Consulado de Lima, 27 July 1818 and Acta, Junta extraordinaria
de tribunales, 28 July 1818, both in agi-Lima, leg. 759; Pezuela to Consulado, 1 Oct. 1818, Regalado
and Salinas, Actitud del consulado, 284; Consulado to Crown, 8 July 1819, agi-Lima, leg. 1550.
166. Pezuela, Memoria de gobierno, 10823, 293, 327; Razn del estado en que se halla el
Virreynato pedida por el Embajador a el Brasil, de que se remiti copia al de Londres, Estados
Unidos y Guerra, 18 Nov. 1818, MenP, Pezuela, Sig. 4, q. 4; Pezuela to Secretario de la Guerra, 7
July 1819, MenP, Pezuela, Sig. 4, q. 6; Pezuela to Ramrez, 28 Mar. 1820, MenP, Pezuela, Sig. 4, q. 8.
167. Pezuela, Memoria de gobierno, 169, 195.
168. Mendiburu, Diccionario, 8:279.
169. Rico to Abascal, 17 Sept. and 18 Nov. 1812, agi-Lima, leg. 1016. On the controversial
tobacco contract, see Antonio Izquierdo Martnez to Ministro de Hacienda, 9 May 1812, and
Pedro Trujillo to Ministro de Hacienda, 31 Aug. 1813, both in agi-Lima, leg. 772.
170. Bowles to Croker, 28 Nov. 1817, Graham and Humphreys, Navy and South America, 212.
On the sugar contract, see Pezuela to Consulado, 23 Oct. 1817, agnp-Consulado, leg. 24. For a
proposal to ship indigo to Chile with the troops, see Consulado to Viceroy, 6 Nov. 1817, agnp-
Hacienda colonial, leg. 1227. For the peninsular officers criticism of Pezuela on this point, see
Valds, Refutacin . . . del Manifiesto, in Torata, Documentos para la historia, 2:101.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 213
214 deconstructing legitimacy
money to pay the troops (some of whom rebelled at the prospect of
embarking without their prest) and also buy the weapons and ammunition
needed for the battles ahead. In fact, the cargo had been shipped under
the terms of a contract celebrated with ten merchants, who had advanced
money to pay for the expedition and who had promised to supply the
troops while they were in Chile.
171
And the commander of the expedition
was instructed to fill the holds of the merchantmen that carried the troops
to Chile with wheat or other local products for the return to Callao; these
goods were the property of the Lima treasury, to be sold in order to recover
some of the incalculable expenses that the government had incurred. As a
result of these measures, however, rumors began to circulate that under the
auspices of the expeditionary army, Pezuela and his son-in-law, Mariano
Osorio, commander of the royalist army, would reap personal profits from
commerce in Perus traditional exports to Chile.
172
With the defeat at Mayp on 5 April 1818, all but a remnant of the
royalists men and equipment fell into rebel hands. As W.G.D. Worthing-
ton, special agent of the United States, reported to John Quincy Adams,
The Vice King, Pezuala [sic], by the expedition that he sent to [Chile]
. . . has ruined his country. He is now without officers or soldiers.
173
Valds agreed, later asserting that Seor Pezuela gambled Perus future on
the Chilean campaign of 1818and lost because of a series of mistakes
both military and political.
174
Thereafter it became increasingly difficult to
raise loans from the merchants, who resented the disproportionate contri-
butions exacted from them. They were willing to agree only to increases in
taxes that, even taken together, could not yield the 500,000 pesos or more
that had been collected annually in duties on the Chilean trade.
175
On 25 May
171. Pezuela to Consulado, 15 Sept. 1817, agnp-Consulado, leg. 12; Pezuela to Ministro de la
Guerra, 16 Dec. 1817, and Egua to Pezuela, 12 June 1818, MenP, Pezuela, Sig. 4, q. 2; Informe que
el teniente coronel Jos Bernldez Polledo . . . entreg al mayor Domingo Torres, 18 Dec. 1817,
Archivo de San Martn, 7:22. Pezuela pointed out that the peninsular troops had sailed from Spain
with inadequate provisions and without receiving their pay.
172. Instruccin que el Virrey de Lima da al Sr. Brig. D. Mariano Osorio, nombrado general
en gefe del Exrcito Expedicionario de Chile, 4 Dec. 1817, MenP, Pezuela, sig. 4, q. 1; Agustn de
Olavarrieta to Ministro de Hacienda, 17 Feb. 1818, agi-Lima, leg. 774.
173. Worthington to Adams, 1 July 1818, in Manning, Diplomatic Correspondence, 3:1719.
174. Valds, Refutacin . . . del Manifiesto, in Torata, Documentos para la historia, 2:100105, 117.
Valds either did not know or was unwilling to admit that the disaster in Chile owed something
to the fact that Pablo Morillo had detained the Burgos regiment, intended for Peru, in
Venezuela; Pezuela had counted on them to increase the expeditionary army to about 6,000 men:
Pezuela, Memoria de gobierno, 176, 187.
175. Pezuela, Memoria de gobierno, 196.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 214
preventing independence 215
1819, after the consulado declared itself unable to continue subsidizing two
armed ships, the Sebastiana and the Pezuela, the viceroy imposed additional
taxes on wine and brandies, a measure that was expected to yield some
40,836 pesos annually, far short of what was needed even if its collection
were rigorously enforced.
176
When Pezuela attempted to increase revenues from taxes on legal trade
in foreign merchandise, he met with the same refusal on the part of the
consulado as would greet his proposal in July 1818 to permit direct trade with
the British for two years. Whenever the war at sea permitted, he encouraged
merchants matriculated in the consulado to reactivate the trade that had
been interrupted by the rebels. He proposed several ways by which this
could be accomplished. In September 1819, Pezuela informed the merchants
that he was willing to grant any exceptional privilege whatever for com-
mercial speculations to Spanish and Peruvian merchants, including direct
trade to foreign ports.
177
This proposal was identical to one that had been put
forth on 28 May 1818, and had prompted one of the wealthiest merchants
in Peru, Juan Pedro Zelayeta, to organize a stock company for an expedi-
tion to Rio de Janeiro or London in neutral ships. Zelayetas project had
been flatly rejected by the consulado, which reiterated the old arguments
that the Laws of the Indies forbade colonial direct trade with foreigners as
well as trade in neutral ships.
178
In 1819, too, the viceroys offer of special
permissions was rejected by the consulado, but not by Jos de Arismendi,
Abadas partner, who worked out an elaborate scheme whereby he was
granted permission to import 250,000 pesos worth of European goods to
Lima in exchange for a donation to the war effort and an agreement to
supply armaments and naval stores to the royalists.
179
Late in September
1819, when Cochrane temporarily lifted the blockade of Peruvian ports,
Pezuela wrote to the consulado encouraging the shipowners to resume
trading in foodstuffs, trade that had been carried on by foreign ships because
they were not subject to attack by the Chilean fleet. On the same day, he
exhorted the merchants to register their funds aboard the warship Esmeralda,
176. See the correspondence on this matter, 25 Feb. 1819 to 25 May 1819, in MenP, Pezuela,
Sig. 4, q. 6. The yield was calculated on the basis of an average years sales of 37,595 botijas of
brandy and 6,491 botijas of wine, the first to be taxed at the rate of 1 peso per botija, the second at
4 reales.
177. Pezuela, Memoria de gobierno, 51718.
178. Acta, Junta general de comercio, 6 June 1818, agi-Lima, leg. 1550.
179. Pezuela, Memoria de gobierno, 51718. Documentation on this plan is in agi-Lima, leg.
649. For the Junta de arbitrios defense of the plan in the face of the consulados opposition, see
Informe expedido . . . por la Junta permanente de arbitrios, 12 Jan. 1820, agnp-Consulado, leg. 12.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 215
216 deconstructing legitimacy
about to sail for Cdiz. In both cases, the taxes to be collected would serve
to alleviate the financial crisis.
180
This appeal to normal commercial practice
also fell on deaf ears. Clearly, the metropolitan merchants distrusted Pezuelas
information about the activities of the rebel fleet, and were not in any case
willing to risk what remained of their capital. Refusing to engage in trade
themselves, they nevertheless attempted to prevent anyone else from
trading in their stead.
On 10 February 1819, in the face of official opposition from the consulado
to the viceroys attempts to encourage legal trade, Pezuela was compelled
to adopt a policy that he believed would have serious negative effects on
the war of opinion: demanding a forced loan of a million pesos at 6
percent interest from the 150 wealthiest residents of Lima, with quotas of
10,000 and 5,000 pesos to be determined by a secret commission.
181
One
of San Martns spies in Lima recounted the dramatic circumstances sur-
rounding the proposal, which was put forward during the negotiations on
the amount of a subsidy to be supplied by the consulado: At this point
the Santo Arzobispo spoke up, beginning a rambling speech that lasted an
hour and a half in order to prove that the porteos and chilenos were heretics
and that consequently this was a war of religion and for religion. The
archbishop then proposed his plan for extracting a million pesos in three
days. An unexpected cannon shot would not have startled those present
more than did that proposal. The archbishop left immediately after finishing
his harangue, saying that he would sell his coaches and mules in order to
contribute ten thousand pesos and that he did not doubt that the viceroy
would contribute the same amount. The reaction to the archbishops pro-
posal was stunned silence: Not a soul opened his mouth in that junta,
and a few, muttering in their handkerchiefs, said that San Martn could not
do more [damage] if he came here.
The proposal effectively destroyed Pezuelas chances of acquiring funds
to fight the war without resorting to direct trade with foreigners. According
to the spy, As soon as it heard the archbishops proposal, the consulado
withdrew its offer of monthly subsidies on the assumption that as wealthy
men they would be included among those required to loan 5,000 to 10,000
pesos to the beleaguered viceregal government, as indeed they were:
400,000 pesos of the forced loan were to come from the merchants.
182
180. Two letters, Pezuela to Consulado, both dated 24 Sept. 1819, MenP, Pezuela, Sig. 4, q. 6.
181. Pezuela, Memoria de gobierno, 4034.
182. Dispatch to San Martn from a spy in Lima, undated but ca. 10 Feb. 1819, Archivo de San
Martn, 7:11214; Representacin de las corporaciones sobre la contribucin de un milln de pesos,
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 216
preventing independence 217
But the merchants were by no means the only source of opposition to
the forced loan. Pezuelas worst fears about its effect on the war of opinion
were realized. A storm of protest blew up, and issued in an angry memorial
addressed to the cabildo.
183
The protestors stated flatly that such a large
sum of money simply could not be collected: To give, it is necessary to
possess, they wrote. There are no 150 men who have five or ten thousand
pesos profit from their ventures to assist the State. The quotas, set by a
secret committee on the basis of rumor, would be hotly contested and, if
appeals were permitted, we will have 150 lawsuits instead of a million
pesos. Moreover, the economic effects would be devastating, not only
further decapitalizing Lima but also revealing the penury into which many
honorable men had fallen, thereby destroying their credit and making their
recovery impossible. The archbishop was severely criticized for offering only
10,000 pesos from his abnormally high income, reputed to be at least
50,000 pesos annually. Who among us enjoys an equal income? they asked.
What distressed the protestors above all, however, was the violence of
the exaction. Payment of this forced loan was more vigorously enforced
than were previously mandated loans. In August and September 1817, when
Pezuela was preparing the expedition to reconquer Chile, he had reluctantly
suggested that the consulado use force if necessary to collect quotas from
delinquent merchants, but there is no evidence that it was actually employed.
184
In this case, however, the threat was carried out. The occupation by armed
force of the houses of don Martn Osambela and Juan Ruiz Dvila for not
having paid their quota in the royal consulado has greatly increased previous
17 Feb. 1819, Archivo de San Martn, 7:128; Report of Philadelphia (one of San Martns spies) to
Joaqun de Echeverra, 12 Feb. 1819, Archivo de San Martn, 7:120; Acta de la Junta general de
tribunales para solicitar y elegir arbitrios, 15 July 1819, MenP, Pezuela, Sig. 4, q. 6; Razn general
de los seores . . . entre quienes la comisin secreta encargada por el Exmo Sr. Virrey a conse-
quencia del acuerdo de la Junta general de tribunales del 16 del ltimo febrero, ha distribuido la
mayor parte del milln de pesos . . . para el auxilio de las actuales urgencias del erario, 5 Mar. 1819,
agnp-Consulado, leg. 33. In the 1819 forced loan from the consulado, 329 merchants were
assigned quotas: Razn de los seores del comercio de Lima entre quienes la comisin secreta . . .
ha distribuido los 400,000 pesos del emprstito forzoso, 5 Mar. 1819, agnp-Consulado, leg. 34. A
printed version of the list yields 327 names: Distribucin que practica el Real Tribunal del
Consulado de cuatro ciento mil pesos . . . para el emprstito forzoso de milln de pesos, 31 Mar.
1819, MenP, Pezuela, Sig. 4, q. 5.
183. Representacin de las corporaciones sobre la contribucin de un milln de pesos, 17 Feb.
1819, Archivo de San Martn, 7:12329.
184. Nota de los Sres. que no han satisfecho hasta el da las cuotas que le seal el Real
Tribunal del Consulado, 22 Aug. 1817, bnp-mss, D-6327; Pezuela to Consulado, 27 and 29 Oct.
1817, and 22 Nov. 1817, agnp-Consulado, leg. 12; Order of the Consulado, 29 Oct. 1817, agnp-
Consulado, leg. 12; Acta, Junta de comercio, 29 Oct. 1817, agnp-Consulado, leg. 24.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 217
218 deconstructing legitimacy
consternation, the protestors declared. According to Natural Law,
military exaction is admissible only in the case of conquered towns, as a
guarantee against plundering and to preserve the country. Will the most
loyal capital city on the globe witness the ancient houses of the conquis-
tadors of this rich empire occupied by armed force?
185
Although there is
no record that anyone other than the two merchants was subjected to armed
force, there was a serious effort to exact payment from everyone identified
as able to contribute. As one of San Martns spies reported, the deluded
metropolitan merchants are now disillusioned, never having imagined that
they would be subjected to the evils and extortions that their government
inflicts on Americans.
186
Not even the Inquisition was allowed to hide
behind its privileged position, which it set forth in an outraged rebuke to
the agents sent to collect its quota. In a strongly worded letter, Pezuela
insisted that no privileges could exempt its members from contributing to
the defense of the kings rights.
187
But in spite of active diligence on the part of the agents, by August
1819, only a small part of the loan had been collected.
188
Once again, the
viceroy was left without adequate resources to prosecute the war effort.
More seriously, his authority had been challenged successfully by a group
of constituents who, while claiming that their fortunes were exhausted,
were clandestinely dispatching millions of pesos to Europe on board foreign
ships anchored in Callao Bay.
189
It is not surprising, then, that by the
middle of 1818 Pezuela had felt compelled to turn to those same foreigners
to supply him with the resources needed to defend the viceroyalty.
185. Representacin de las corporaciones, 17 Feb. 1819, Archivo de San Martn, 7:128. See also
Acta de la Junta general de tribunales, 15 July 1819, MenP, Pezuela, Sig. 4, q. 6, where Pezuela said
that the use of force was extremely repugnant to him, and would not be used if funds to feed
the soldiers could be collected promptly; and Pezuela to Sres. Ministros Generales de Ejrcito y
Real Hacienda, 31 Aug. 1820, MenP, Pezuela, Sig. 4, q. 6, where he makes note of the use of force
by the consulado and the collection agents.
186. Spys report, 13 Oct. 1818, Archivo de San Martn, 7:90.
187. Pedro de Saldaequi, Josef Ruiz Sobrino, and Cristobal de Ortegon to Manuel Genaro de
Villota and Francisco Xavier de Echage, 2 Apr. 1819, and Pezuela to the Santo Tribunal de la
Inquisicin, 21 Apr. 1819, both in MenP, Pezuela, Sig. 4, q. 6.
188. Pezuela to Sres. Ministros Generales de Ejrcito y Real Hacienda, 31 Aug. 1819, MenP,
Pezuela, Sig. 4, q. 6.
189. For an idea of the value of specie being taken out of Peru illegally, see Searle to Hardy, 8
Nov. 1820, Graham and Humphreys, Navy and South America, 322: I have about a million and a
half of dollars on board for England; and Billingsley, In Defense of Neutral Rights, 99, where he
reports that the commander of the U.S. warship Macedonian took on board close to $2,000,000
during the two-year cruise.
01.Marks FM-Chap 4 8/22/07 10:56 AM Page 218
Free trade is the fount of all wealth, and since prosperity and the
perfection of the arts arise from it, it is evident that without free trade and
industry America will always be poor in spite of its mines.
Jos de la Riva Agero, 1818
Dominions so far distant [from the metropolis] could not be retained for
long, if they were open to other nations. . . . Their trading houses become
citadels, and businessmen become conquerors. . . . This truly is to conquer
the land of gold without much risk, and without war.
Manuel Lorenzo de Vidaurre, 1818
Very little attention has been paid to the role of the free-trade controversy
in the collapse of Spanish rule in Peru, and yet it had a profound effect on
Viceroy Joaqun de la Pezuelas authority and legitimacy. No fewer than four
sets of political conflict converged on the issue of whether or not direct
trade with foreigners was permissible at a time of acute emergency. The
first had to do with grievances that arose late in the eighteenth century,
when imperial reformers set out to break the power of the merchants of
Lima with a series of laws and edicts designed to destroy Limas position
as entrept for Spains colonial trade to South America. The second conflict
revolved around the bitter competition between two privileged trading com-
panies, the Real Compaa de Filipinas and the Cinco Gremios Mayores de
Madrid, each with its coterie of clients and dependents and both repre-
sented by strong-willed men, Pedro de Abada and Gaspar Rico. The third
involved the conflict between liberal hard-liners and moderate absolutists,
with their irreconcilable visions of how Spain and her colonies should be
F I V E