Mexico, Aztec, Spanish and Republican, Vol. 1 of 2: A Historical, Geographical, Political, Statistical and Social Account of That Country From the Period of the Invasion by the Spaniards to the Present Time.Mayer, Brantz
History
Mexico, Aztec, Spanish and Republican, Vol. 1 of 2: A Historical, Geographical, Political, Statistical and Social Account of That Country From the Period of the Invasion by the Spaniards to the Present Time.
These ill regulated _audiencias_ and _cabildos_, were, in themselves,
capable of destroying all principles of just harmony, and were
sufficient to corrupt the laws both in their enactment and
administration. But all men were not equal before these tribunals. A
system of _fueros_ or privileges, opposed innumerable obstacles. These
were the privileges of corporate bodies and of the professions; of the
clergy, called public or common; and of the monks, canons,
inquisitions, college, and universities; the privileges of persons
employed in the royal revenue service; the general privileges of the
military, which were extended also to the militia, and the especial
privileges of the marines, of engineers, and of the artillery. An
individual enjoying any of these privileges was elevated above the
civil authority, and, whether as plaintiff or defendant, was subject
only to the chief of the body to which he belonged, both in civil and
criminal cases. So great a number of jurisdictions created an
extricable labyrinth, which, by keeping up a ceaseless conflict
between the chiefs in regard to the extent of their powers, stimulated
each one to sustain his own authority at all hazards, and, with such
resoluteness as to employ even force to gain his purpose.[20] Bribery,
intrigue, delay, denial of justice, outrage, ruin, were the natural
results of such a system of complicated irresponsibility; and
consequently it is not singular to find even now in Mexico and South
America large masses of people who are utterly ignorant of the true
principles upon which justice should be administered or laws enacted
for its immaculate protection. The manifesto of independence issued by
the Buenos Ayrean Congress in 1816, declares that all public offices
belong exclusively to the Spaniards; and although the Americans were
equally entitled to them by the laws, they were appointed only in rare
instances, and even then, not without satiating the cupidity of the
court by enormous sums of money. Of one hundred and seventy viceroys
who governed on this continent but four were Americans; and of six
hundred and ten Captains General and Governors, all but fourteen were
natives of old Spain! Thus it is evident that not only were the
Spanish laws bad in their origin, but the administrative system under
which they operated denied natives of America in almost all cases the
possibility of self government.
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