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Jailed for Freedom: Afro-Spanish Sailors and Legal Resistance in Eighteenth-Century New York
By Beatriz Carolina Peña
The experiences of Fiallo and De la Torre reveal how Spanish American sailors captured through privateering were reclassified as “prize negroes,” sold, and forced to seek freedom within a legal system structured to uphold slavery. After arriving in New York from London as attorney general in November 1752, Kempe began bringing liberty claims grounded in the Law of Nations before the governor and council. These cases illuminate both the possibilities and the limits of law in a colonial society deeply committed to racialized slavery. Though they came from different Spanish colonies and reached New York about a year apart, their paths converged on July 7, 1753, when both were placed in jail for the protection of their freedom.