93-8, 166-225; Sosa, Episcop. Mex., 192-205; Humboldt, Essai Pol., i. 4-7, 145-237, 273; ii. 811-36; Id., New Spain, ii. 3, 61, 138; iv. 247-76, 322-3; Id., Tablas Estad., MS., 7-40, 65-6; Id., Versuch., ii. 25-130; v. 30-51, 61-8; Soc. Mex. Geog., Boletin, i. 49-50; ii. 5-8, 24, 35-6, 76; iv. 19; viii. 164-6; Id., 2da ép., i. 242-3; ii. 576–7; iii. 307, 314; Id., 3ra ép., iii. 111-12; Beristain de Sousa, Cantos, passim; Guerra, Revue N. Esp., i. 266, 281-3; Simon, Sermon, 1-30; Torrente, Revol. Hispania, i. 6-11; 19; Zúñiga y O., Calendario, 29-37, 82-107, 120-36, 149-50; Leon, Explicacion, passim; Id., Ilustracion, 1-40; Rodriguez, Express del Dolor, passim; Bucareli, Reglamento, 1-32; Vargas, Carta, passim; Cedula, Agosto 21, 1769, 1-7; Baréa, Oracion, 1-40; Farnecio, Reales Exequias, passim; Diario, Mex., i. 91-2, 303, 337; ii. 67 et seq., iii. 19, 70-1, 368; iv. 7-8, 417-20; v. 99 et seq.; vi. 12, 16, 21-20, 219-91; vii. 48, passim; viii. 112, 139-41; ix. 159-60, 319-20, 465, 548; x. 12, 37-44, 401–2; xi. 467–70; xii. 200, 345–6, 631-4, 726; xiii. 167–70, 173–9, 505-6; Lefevre, Doc. Maxim., i. 388–9; Rivera, Gobernantes de Mex., i. 37, 63, 108, 144 et seq.; Mexico, Bosquejo Revol., 8; Id., Cuaderno, 40; Id., Circular sobre Nomb., MS., passim; Id., Extractos de Cedulas, MS., 13-33; Id., Informe, 9; Id., Memoria Guerra 1840, 9-11, 37–9; Id., Memoria Relaciones 1850, 8-9; Id., Notes on, 94, 113-14, 234; Id., Not. Ciud. Mex., 28, 178-88; Id., Ordenanzas, 1-62; Id., Provid. Diocesanas, MS., passim; Id., Regla Linea Front., 28-9; Hospital de la Tropa, Instruc., 1-15; Gonzalez, Col. N. Leon, 149-50; Guia de Hacienda, ii. 129-40; Id., Forasteros 1797, 156-83; Castillo, Oracion Paneg., 1-37; West Indies, Descript., 60–4; Modern Traveller, Mex. and Guat., i. 4; Pinkerton's Modern Geog., iii. 160–6; Zerecero, Rev. Mex., 26; Ancona, Hist. Yuc., ii. 273-4, 362–5; iii. 432, 449; Casans, Oracion Fúnebre, passim; Spanish Empire in Am., 112-14; Pike's Explor., 377-85; Zamora, Bib. Leg. Últ., iii. 371-9; vi. 190–205, 229-55; Galvez, Informe Marqués, 17-18, 54-60, 186; Id., Oracion Fúnebre, 1-11; Yucatan, Estad. Tabla, 3 et seq.; Gayarre's, Hist. Louis, 164-6; Conde y Oquendo, Oracion, 1-37; Zavala, Rev. Mex., 30; Pap. Var., v. 55-6; xxxiii., passim; XXXV. 11 et seq.; lxxiv. 1-12; cxxii. 29-73; cxlix. 19-20; ccxvii., passim; Coleccion de Diarios, 225-40; Leon, La Estirpe, 1-27; Respuesta al Papel, 17-18; Plateros, Obelisco, 1-5; Reglamento, Instruc. Presid., 1-132; Museo, Mex., i. 304-9, 353-8, 393-402; iii. 212-16, 397-406; iv. 92-5, 119-20, 25985, 525-35; Willie, Noticia Hac., 4-5; Arrillaga, Recop. 1834, 142-89; 1835, 3-6, 298-300, 323-4; Escamilla, Not. Cur. de Guat., 40, 50-1; Arevalo, Laudatio Funebris, 1-31; Escudero, Not. Son., 63, 70-1; Viagero, Universal, xxvi. 253-330, 343-4, 355-72; xxvii. 51-86, 196-9, 247-9; Rocha, Codigo Nic., ii. 30; Lerdo de Tejada, Apunt. Hist., 301-62; Gonzalez, Col. Doc. N. Leon, 149-50; Juarros, Compendio Guat., 267-70; Gazeta Mex., i.-xi., passim; Zamacois, Hist. Méj., v., passim; vi. 9–55, 74, 555-9; vii. 49, 785; viii. 49; x. 1296, 1373; Young's Hist. Mex., 63; San Salvador, El Sentimiento, 1-39; Cavo, Tres Siglos, ii. 173–85; iii. 7-92; Granados, Tardes Am., 439–85.

CHAPTER XXVII.

ADMINISTRATIVE AND JUDICIAL SYSTEMS.

1500-1800.

PECULIAR FEATURES OF SPANISH COLONIES-THE SUPREME AUTHORITY— DIVISION OF THE INDIES-PROVINCIAL GOVERNMENT-MUNICIPALITIES -LOCAL ADMINISTRATION-INDIAN COMMUNITIES-OFFICE-HOLDING, RESTRICTIONS AND REQUISITES-SALABLE POSITIONS-VANITY AND PRECEDENCE-NEW SPAIN, EXTENT AND DIVISIONS-OFFICES AND DUTIES OF THE VICEROY-POMP, PRIVILEGES, AND PAY-VICISSITUDES AND JURISDICTION OF THE AUDIENCIA-OIDORES' TASKS AND HONORS-DIFFERENT INSTANCE COURTS-COSTLY LITIGATION-CAUSES OF CRIME-PECULIAR AND SEVERE PUNISHMENTS-AT THE SCAFFOLD.

THE Spanish possessions in America partook of the Roman colony features in being acquired by conquest, held as integral parts of the state, and used greatly for the benefit of certain classes; yet they presented many peculiarities. The conquest was performed chiefly by private venture impelled by immediate gain; the sovereign stimulated by similar allurements stepping in to reap the more solid acquisitions, without fostering them by any special encouragement to immigration. The title to the Indias Occidentales, under which term were embraced the transoceanic domains of Spain, including the Philippines,' rested nominally on the grant of Pope Alexander VI. to the Catholic sovereign; and by virtue of this, Charles V. formally declared them incorporated in the crown of Castile inalienably. All right to lands, all control

d

1 'Començados à contar por... treinta y nueve, ò por quarenta Grados de longitud Occidental del Meridiano de Toledo, que es por la Boca del Rio Marañon; por la Oriental, por la Ciudad de Malàca.' Herrera, Descrip. Ind., 2. The question is more fully discussed in Morelli, Fasti Novi Orbis, 281-3, yet with the conclusion, linea demarcationis, nondum definitum est.'

2 Text of decree in Recop. Ind., i. 523.

over natives, all political power, remained with the king, who kept jealous guard over his prerogatives, resolved to exact for himself and his favorite subjects every benefit, and went to the extreme of placing on colonial thought and enterprise restrictions which have generally been condemned as tyrannical.

But Spaniards felt not the yoke. While loving to rule, they preferred also to be ruled. The nobles had trained them in loyalty, so much so that they readily responded to the appeals of the sovereign to aid in humbling the nobility who interfered too much with the free sway of the sceptre. For this they received among other privileges a right to popular representation, but it was not long ere the astute Charles, with the aid of the church, managed to wrest from the communities all power to interfere in state government, and to assume for himself supreme control, which extended also over the church. Still the sovereigns were ever devoted to the faith, and so were ready to be guided by philanthropic prelates and sage counsellors. No country indeed can point to a code superior for general benevolence and wisdom. Its chief defects must be attributed to the mania at Madrid for excessive governing, and to the sway allowed to feeling over staid judgment and determination in dictating and enforcing it, no less than to the constant pressure for money at court, for which so much was sacrificed. While selfish in its restrictions against foreign elements, like the church the supreme authority was sympathetic and lenient within limits, and it looked with paternal care to the interests of all concerned, whether Spaniards, Indians, or mixed breeds, although the first were naturally regarded with special favor. If greedy officials circumvented the laws and used their power for oppression, the lower classes who suffered were ready enough to recognize the good intentions of the government. Thus for centuries its control remained unquestioned, even by the parties which at times presumed to rise against the

DIVISION OF AUTHORITY.

519

viceroy; and thus it was able to carry out as late as 1767 such extraordinary measures as the expulsion of the Jesuits without serious trouble.

The administration of the different dominions of Spain resided in different councils, which possessed also legislative power and were wholly independent of each other, subject only to the sovereign who conferred with his ministers and his royal and supreme council of Castile. Thus the transoceanic possessions were intrusted to the supreme council of the Indies, holding permanent sessions at Madrid. Its jurisdiction extended to every department, civil, military, ecclesiastic, and commercial, with particular attention to the welfare of the Indians, and with the existing laws in Spain for guidance in framing cédulas, which together with royal decrees formed the laws for America. Its power corresponded to the vast extent of territory controlled; for by it viceroys and governors were made and unmade, also patriarchs and bishops, even the pope having here to submit for approval his bulls and briefs concerning the Indies.3

For purpose of government the possessions were divided into viceroyalties, provinces of audiencias, of chancillerías reales, and of royal officials, adelantamientos, gobernaciones, alcaldías mayores, corregimientos, alcaldías ordinarias and of hermandad, town consejos of Spaniards and Indians; and for spiritual administration into sees, parishes, religious provinces, and other divisions, which were intended to conform to the temporal boundaries. With the discovery of new abuses among the ever transgressing officials, new officers were created, thus forming wheels within wheels for watching watchers and carrying out the king's will. This division was the growth of centuries, and embraced toward the end of Spanish domination the four viceroyalties of Peru, New Spain, New

3 For the history and rules of this body see Hist. Cent. Amer., i. .280-2, this series.

As declared by supreme order of 1571. Sees were to correspond to gubernatorial provinces, and so forth. Remesal, Hist. Chyapa, 532.

Granada, and Buenos Ayres, a number of more or less independent captain-generalcies, and twelve audiencias, including those at Santo Domingo and Manila.5

The provinces of royal officials were merely revenue districts, whose heads received their appointment from the king, and administered their office under a certain supervision from the viceroy and governors attending their councils; yet they were responsible only to the finance tribunal of the viceregal capital, and this again reported direct to Spain. Adelantamientos was an early term for gubernatorial districts, generally of undefined limits, to be extended by further conquest. Gobernaciones were the provinces of governors who usually held also the office of captain-general, and at the audiencia capitals acted as presidents of this body. Over them the audiencias had a passive supervision with active interference only in judicial matters,' and the viceroy could control them only in a limited degree as royal representative. In 1786 the gubernatorial districts were replaced by intendencias, under intendentes, who combined in themselves the political, judicial, financial, and military control, assisted by an asesor. Their subdelegados exercised in county capitals similar jurisdiction in subordinate degree, replacing gradually alcaldes mayores and corregidores who had for nearly three centuries been ruling as district or county magistrates, with political and economic supervision, sometimes indeed as governors. These minor rulers also were appointed chiefly by the

5 The creation, jurisdiction, and composition of each may be found in Recop. de Ind., i. 323 et seq.; Zamora, Bib. Leg. Ult., i. and passim. As will be explained in the chapter on finance.

7 Florida was subject to no audiencia, owing to its distance. As explained in another chapter.

The alcaldes mayores of New Spain under Cortés were merely intrusted with judicial matters, as we have seen; later those of San Luis Potosí and other places acted also as lieutenants for captain-generals, and exercised in other respects the duties and ceremonies of governors. The term therefore does not always convey a clear idea of what the dignity consisted. Corregidores were intended to replace encomenderos when the Indians fell to the crown, as explained in Hist. Mex., ii. 329-30, but alcaldes mayores undertook similar duties.