Mexico in two volumes folio in 1787, is Recopilacion Sumaria de todos los Autos Acordados de la Real Audiencia y Sala del Crimen de esta Nueva España, etc.

Beleña did not confine himself to giving mere extracts of the laws published since the appearance of the Recopilacion de Indies, but published these laws at length. He also republished all the cédulas and decrees promulgated from 1528 to 1677, which had been previously collected by Montemayor, by order of the viceroys of Mexico, to which he added all such further orders and decrees as had appeared from 1677 to 1680.

This work is not official, however, but the collection has often been verified, and throughout the Spanish colonies, it is constantly quoted, and relied on as unquestionable authority.

The revolution of Spain, which followed the French invasion, gave rise to a new form of government under the direction of the Cortes, whose decrees were held obligatory in the colonies, whenever they had been either expressly declared to apply to those countries, or had been promulgated therein.

After the re-establishment of the absolute monarchy in Spain in 1814, the sovereigns of that country continued to enact laws for the government of America, until 1821.

The method adopted in the Recopilacion de Indies is the same as that pursued in the Nueva Recopilacion of the laws of Spain. It is divided into nine books, comprising two hundred and eighteen titles, which contain six thousand four hundred and fortyseven different legal enactments, all of which, derived from the orders, decrees and regulations of different sovereigns.

Book 1 treats principally of ecclesiastical laws and matters, church officials, and educational institutions.

Book 2 considers the laws in general, prescribes the order of government for the council of the Indies, the superior and inferior tribunals thereof and their officials.

Book 3 treats of the royal domain and jurisdiction, officials and their fees, war, fortifications and munitions, officers and soldiers, pirates, prizes, ceremonies, and the post.

Book 4 considers discoveries by land and sea, peacemakers, founders of towns, population of cities and towns, corporations and councils and officials thereof, the sale, union and division of lands and water, granaries, assessments and contributions, public works, the discovery and development of mines, assaying, etc., fisheries, and shipment of pearls and valuable stones.

Book 5 includes the boundaries and divisions of the governments, civil officials, doctors, clerks, fees, lawsuits and sentences, exceptions, appeals, executions, and the residences of judges.

Book 6 treats of the Indians, their liberties, conversion, tributes and taxes, protectors of the Indians, good treatment and services thereof.

Book 7 embraces criminal laws and their application, and jails. Book 8 treats principally of the royal treasury and its officials, taxes, repartimientos, privileges, duties, monopolies, assignments and consignments, bills of exchange and remittances.

Book 9 considers the Royal Audencias, and House of Contracts or India House (Casa de Contratacion), their officials, judges, taxes, claims, estates in the Indies, vessels, fleets and their officials, passengers, foreigners, ship builders, equipment and fitting out of ships, navigation laws, underwriters, navigation and commerce in other parts of the world, and the consuls and judges of Lima and Mexico.

There is found united in this compilation many laws, on the same subject, in which the preceding law is only repeated, others in which it is modified, and still others in which it is abrogated, either in whole or in part.

The Recopilacion de Indies, notwithstanding its dimensions, is a mere digest of the royal orders, etc., issued from time to time for the better government of the American colonies. It appears exclusively intended to regulate the political, military, ecclesiastical and fiscal administration of the Spanish possessions in the New World. Hence, this code was not by itself a complete code for the government of Spanish-America, but it was necessary to supplement it by the general and common law of Spain. One does not find among its numerous enactments provisions treating of the civil law, or indeed of any laws which have not exclusive reference to the mode of administering the various departments of the government of the colonies. It is on this account that laws 1 and 2, title 1 of book 2, provide, that in cases where the Recopilacion de Indias has no provision on the subject, the laws of Castile must be observed.*

* Law 1, after declaring the effect of the Recopilacion de Indias, says "y en lo que no estuviere decidido por las leyes de esta Recopilacion para las decisiones de las causas y su determinacion, se guarden las leyes de la Recopilacion y Partidas de estos Reynos de Castilla, conforme a la sey siguiente." Law 2 provides, "Ordenamos y mandamos que en todos los casos, negocios y pleytos en que no estuviere decidido, ni declarado lo que se debe proveer

Thus the civil law of Spain became the fundamental law of America; but inasmuch as the condition and wants of the colonies varied in many respects from that of the mother country, Philip IV, by a law, found in the Recopilacion de Indias (1. 40, t. 1, b. 2), decreed that no law enacted in Spain, should be obligatory in America unless accompanied by a cédula to that effect emanating from the Council of the Indies.

As a consequence many legal enactments in force in Spain were never extended to the American colonies, while several others of no efficacy at home, were promulgated exclusively for SpanishAmerica. Besides this source of legislation, the Audiencias or supreme tribunals of Mexico and Peru, etc., published from time to time rules and regulations, which, although their authority was questionable, were, as well as orders emanating from the viceroy, held to be obligatory.

The different changes made from time to time, finally rendered a revision of the Recopilacion de Indias indispensable, and it was accordingly ordered about the year 1777. This undertaking was, however, never completed, and it was abandoned after one book had been finished. This portion of the new colonial code was published and sanctioned by an order dated at Aranjuez, 25th of March, 1792, and it has reference exclusively to the Council of the Indies.

APPLICATION OF SPANISH LAWS IN THE INDIES.

Murillo, an able Spanish writer, in his treatise, entitled Cursus Juris Canonici Hispani et Indici, speaks of the manner in which the Spanish laws ought to be received in the Indies, stating that in such dominions courts of justice should first have recourse to the royal and special edicts which may have been directed to the chancery of the place where the cause is pending; and, if there are none, they should then decide according to the common law, which is to be found in the laws of the Recopilacion of the Indies; and when these last are silent, recourse must be had to the Recopilacion of Castile (Nueva Recopilacion), and to the Partidas.

He also observes that the rescripts or royal ordinances are of no authority in the Indies, unless they have been directed to the Supreme Council of those countries.*

por las leyes de esta Recopilacion, ó por Cédulas, Provisiones ú Ordonanzas dadas, y no revocadas para las Indias, y las que por nuestra orden se despacharon, se guarden las leyes de nuestro Reyno de Castilla, conforme á la de Toro, asi en cuanto á la substancia, resolucion y decision de los casos, negocios y pleytos, como a la forma y orden de substanciar."

*See book 2, tit. 1, law 2.- Recop.

CHAPTER II.

LAWS AND CODES OF MEXICO.

The laws of Mexico subsequent to the Laws of the Indies to 1787 may be found in the excellent private compilation of a Mexican judge, Beleña, in two volumes, entitled "Recopilacion Sumaria de todos los Autos Acordados de la Real Audiencia y Sala del Crimen de esta Nueva España, y providencias de su Superior Gobierno," etc., and to 1821 in the Mexican official compilation, "Colleccion de los Decretos y Ordenes de las Cortes de España, que se reputan vigentes en la Republica de los Estados Mexicanos." Mexico, 1829.

Mexican legislation from the date of independence to the present time (1821-1900) is embraced in the compilation of Dublan and Lozano - the Recopilacion de Leyes Mexicanas.

The Mexican Mining Code, which was approved November 22, 1884, abrogated the former laws on the subject.

The Commercial Code, of September 15, 1889, has superseded the Code of 1884. It is divided into five books, embracing one thousand five hundred articles. It is based largely on Spanish commercial law.

The Mexican Civil Code of March 31, 1884, repealed the Code of 1870,- is in force in the federal district of Mexico, and the territories; and most of the States, which formerly had civil codes of their own, have adopted the Federal Code with slight amendments. It embraces four books, and three thousand eight hundred and twenty-three articles, arranged similarly to the Spanish Civil Code.

MEXICAN CONSTITUTIONS.

The independence of Mexico was first proclaimed by the Mexican patriot Hidalgo, and instead of being a covert and popular move

ment as in the other American colonies, it was spontaneous and open amongst a limited class the lower clergy.

The struggle, which began in 1810, lasted, with some interruptions, until 1824. Soon after the defeat of Hidalgo's forces and the capture of the leader, an assembly, composed largely of officers of the patriot army, was convened to formulate a constituted government, and accordingly it established a council consisting at first of three members and later of five, designated as the "Supreme Governmental Council of America," which cited the military officers, the governors, and alcaldes of the Indian pueblos of the vicinity to take the oath of obedience and fidelity to the council, which governed in the name of King Ferdinand VII, whose name was used as an act of policy to gain the support of all those who desired independence. The council, in fact, was an illegal body, deriving authority neither from a popular election nor from any existing legitimate source. feared, however, by the Spanish party that it might gain recognition and exercise the functions of a legitimate government. A price was, therefore, set on the head of each member, but it subsequently be came dissolved by internal dissension.

On the 1st of September, 1813, a Congress constituted by popular election was assembled in Chilpancingo, proclaimed anew the independence of Mexico, and agreed upon a republican Constitution, which was published in Apanzingan in October, 1814. This Constitution was short-lived, being set aside by the adoption of the Spanish Constitution of 1812, in so far as it was applicable to Mexico.

Upon the failure of an independent imperial government and the exile of Iturbide, a new Congress was installed on the 7th of Novem ber, 1823, and on the 3d of December it began the discussion of a project for a fundamental law, which was approved January 31, 1824, and "in thirty-six articles contained the basis of the future political constitution." Through the adoption of this Constitution the nation acquired a popular representative, federal, republican government, which was only a provisional government. This was set aside on the adoption of the Constitution of 1824, which in many particulars was a copy of the Constitution of the United States.

The Constitution of 1824 remained in force eleven years, but during these years Mexico was not without its internal disturbances, and in 1833, by a revolution, Santana was made President. After a temporary retirement a reactionary movement restored him to power in 1834. Having allied himself with the Clericals and Centralists, he dissolved the Congress on the 31st of May, set aside the liberal decrees which that body had passed, and broke openly with the Federalists.