INSTRUMENTS FOR CONTROL.

521

king, and enjoyed therefore a certain independence, acting in a degree as spies on one another and on their superiors. This policy of subdivision of authority and mutual watch, which could not fail to strengthen the control of the supreme government, was prompted partly by the distance of the colonies, and precipitated by the ambition and quarrelsome disposition of the early governors. Whenever unsatisfactory reports came in concerning any governor or magistrate, the India Council, or its higher representatives, at once despatched a visitador to hold investigation and submit the result, although at times he had power to carry out reforms and penalties on the spot. Usually, however, the only investigation needed was the residencia demanded at the end of his term from every official with any jurisdiction.10

Municipal government was vested chiefly in alcaldes and regidores, of whom large cities had two and twelve respectively, and ordinary towns two and six. In minor places many of these offices remained vacant, partly owing to the interference of governors and their lieutenants who wished to retain sole control.11 In other places the alcaldes were mere figure-heads. At the founding of a town the municipality was elected for one year; 12 after that the regidor positions in most places were sold, always with preference for meritorious persons and descendants of conquerors. The duties of the alcalde, who could appoint asesores to aid him, was to take cognizance in first instance of criminal and civil cases, appeals being made to city council, alcalde mayor, governor, or audiencia. He

10 As fully explained in Hist. Cent. Am., i. 250-1, this series. See also Recop. Ind., i. 344, 368, 512, ii. 163 et seq.

Revilla Gigedo states that only 28 towns in New Spain had two alcaldes toward the end of the eighteenth century. Instruc., 18. Some places had increased the number to three, but this was checked.

12 None to be reëlected within two years. In one place the Recop. Ind., ii. 31, 129, has it three years. The district governor or his superior confirmed the election. In the Provincias Internas the militia captains were in later times made perpetual alcaldes, the lieutenants regidores, and sergeant procurador.

also, assisted by a regidor, gave tariffs to shops and taverns in towns where no governor resided, and in such towns also he presided over the council, a privilege otherwise belonging to the governor, or alcalde mayor, or their lieutenant. None of these presidents had a vote in the assembly, or could interfere in municipal administration. Honorary regidores and communal deputies were, toward the end of the last century, given a place in councils, as in Spain, after a stubborn resistance on the part of the perpetual municipality. They could be elected, every second year, from the trading class.13 Other prominent officials, partly chosen from the regidores, partly elected from citizens, although not fully represented in every town, were the alférez real, who carried the banner, the procuradores and sindicos, usually lawyers, who represented the council in legal matters, and made collections, the treasury officers, and the alguacil mayor, or sheriff, who could appoint lieutenants and prison-keepers, and had to carry out the orders of governors and alcaldes without meddling with the alguaciles, or police.1

14

At the election of alcaldes the municipality chose two alcaldes de mesta, whose duty it was to preside over the semi-annual council of live-stock holders, and to attend to regulations concerning domestic animals.15 Municipal funds were derived primarily from lands set aside for each town when founded,16 sometimes certain fines could be appropriated; and for urgent public works, suits at law, appointment of agents, and the like, contributions might be levied by the magis

13 Revilla Gigedo, Instruc., 35–6. The other regidores could not engage in trade. Their duty was to supervise markets, shops, streets, movements of population, and the like. In case of death the alcalde was succeeded by a regidor.

14 These were appointed by governors, alcaldes mayores, or alcaldes, and existed also in Indian villages, where alguaciles mayores did not figure. 15 The councils were held on January 16th and August 31st, in convenient places, and must be attended by at least five hermanos de la mesta, a dignity to which every owner of 300 head of small stock and 20 mares or cows was entitled. Recop. Ind., ii. 135-8.

16 For this and other features connected with formation of towns see Hist. Cent. Am., i. 496-8, this series.

MUNICIPAL GOVERNMENT.

523

trate for amounts not exceeding fifteen thousand maravedís. Audiencias could extend the levy to two hundred pesos, but anything above this amount required royal sanction. Lands and certain other property were leased at auction, and the rents intrusted to depositarios, whose books were usually inspected by an oidor. Drafts for ordinary expenses were issued by magistrates and council.is The city had eight cuartel districts, five of which were administered judicially by the five alcaldes del crímen of the audiencia, and the remaining three by the alcaldes ordinarios and the corregidor, subject to whom were four petty ward alcaldes in each district, created in later times. There existed also a special patrol, and lighted streets, although the latter feature was secured only until a comparatively recent date, and after many efforts. 19

About the same time, 1790, fire-engines were made for the public offices, and regulations issued for the guidance of the people called to assist at fires, with premiums for the first leaders of gangs who obeyed the bell signals of the watchmen in the church towers. Before this the neighbors hurried pell-mell to the scene, and friars and clergy came with images and relics, some of which were even cast into the fire with a view to awe the flames into submission.20 Among this crowd of psalmsingers and frantic helpers, thieves found good opportunities while pretending to render aid.

17 Fieles executores shared in certain trusts and supervised the honesty of dealers, particularly in provisions.

18 Drafts on these funds must not exceed 3,000 maravedís, and salaries could not be assigned thereon without superior permit; yet they could be drawn upon for royal celebrations—not for the reception of prelates and other dignitaries. Yet much money was spent on suits and display.

19 Under Revilla Gigedo's energetic rule. Since 1776 repeated orders had come to enforce street lighting, first on the part of well-to-do citizens and shopkeepers, later by systematic levies on the part of the ward alcaldes. All this failing, the city council was given the control, and lamps were erected at a cost of 35,429 pesos, the annual expense for oil and labor being about 24,000 pesos, covered by a tax of three reals on each cargo of flour, which yielded 36,000. Eight corporals supervised the lighting. Revilla Gigedo, Instruc., 71-3. The ordinary revenue of the city came to nearly half a million. Id., 38. Villa-Señor specifies different sources and amounts. Teatro, i. 53-6. 20 Id., 73-4; Guijo, Diario, in Doc. Hist. Mex., série i. tom. i. 412–13.

Regulations for Indians, as we have repeatedly seen, were full of liberal, benevolent, and as a rule wise measures, though misapplied by rapacious or negligent officials. More consideration was shown for the faults of the natives; special exemptions were granted from taxes, and many privileges extended, as if in regard for their primary right to the soil, and their poverty, and as if they were less responsible beings. The quality of this consideration has no parallel in the history of colonization; there is a pure charity, a tender humanity about it, which we look for in vain among the other nations of christendom. The encomienda system had been gradually abolished, and liberty granted to the Indians freely to dispose of their labor; yet advantage continued to be taken of their poverty and ignorance, to abuse them, and practically to maintain them in slavery, notwithstanding the many strict laws against advancing money or effects, or otherwise to place them under binding obligation. The alcaldes mayores and corregidores placed to protect them were only too often their chief oppressors, who relentlessly exacted the tribute from which they obtained a percentage, and who sold to them by compulsion useless goods at exorbitant rates. The establishment of intendencias had for its object the reform of these abuses, and improvement certainly took place. The effort to congregate them into villages, particularly near mines and settlements, was still carried on, partly to promote their culture by means of priests and example, partly for advancement of colonization and increase of state revenue, the frequent practice of introducing laborers from a distant province being objectionable in many ways.

In the villages so formed no strangers must be allowed, even of their own race,21 and those enrolled as settlers must not live away from the place. Large villages had two alcaldes and four regidores," elected

21 Though they may own land there. Travellers could stay two days, traders not over three.

22 A medium-size village had two regidores, and one of 40 to 80 Indians only one alcalde and one regidor.

MANAGEMENT OF INDIANS.

525

annually from among the people in presence of the curate, who was the adviser and guide in all matters. The election was as a rule nominal, for the offices, particularly the former, fell to the Indian nobles, and in some villages the cacique was perpetual alcalde. This officer could inflict punishment to the extent of a day's imprisonment or eight lashes on drunkards, absentees from mass, and similar offenders. Greater culprits, including half-breeds, must be merely arrested and taken to the nearest Spanish town. The caciques or chiefs retained a certain power independent of any official rank, with right to establish their claims to succession, to wield authority over the Indians within their district, and to exact tribute, although this was moderated if regarded as excessive. They must pay the men employed and inflict only light punishments.23 The privileges granted them as nobles were generally abused in tyrannizing over their semi-subjects, partly as a relief to their feelings, which suffered so much from Spanish insolence. The curates and political agents were generally prepared to support them for economic reasons. Special care was taken to dispose of Indian civil and criminal cases promptly and with the least expense. Indeed, processes were not permitted except in grave instances. In audiencia cities, a lawyer and procurador attended exclusively to them, without charging fees, their pay coming from fines or community effects." Cases of first instance pertained to governors, and at Mexico an Indian tribunal under an oidor or alcalde de crímen, who acted as asesor to the viceroy, attended to this duty.25

23 No ordinary judge could seize a cacique, except for grave offence. No mestizo could hold this dignity. Recop. Ind., ii. 245–9; Zamora, Bib. Leg. Ult., i. 152 et seq.; Icazbalceta, Col. Doc., ii. 1-24.

24 In suits before the audiencia the fiscal defended one party, the protector the other. Recop. Ind., ii. 243. The protector and defensor offices were suppressed in 1582, but revived a few years later.

25 For its support a tax of half a real was levied on each Indian. Id., 200. A clerk and relator assisted. Azanza, Instruc., MS., 11. The oidor received 400 pesos a year for this extra duty. Indians could freely give powers of attorney so as to avoid appearance in person.