Mexico, Aztec, Spanish and Republican, Vol. 2 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. 2 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.
The federal constitution of 1824, introduced into Mexico, as we have
seen, two general orders of tribunals; those of a _federal_ or
_national_ character, and those of the _states_. The power of these
judiciaries was deposited in a supreme court, and in circuit and
district courts; and causes were taken from one to the other, by
appeals, or in other words, passed by grades from the lowest to the
highest, according to the nature of the transactions they involved. The
jurisdiction of these courts was of course very extensive; yet it was
not paramount or universal over all classes of Mexican society, inasmuch
as large numbers of Mexicans were exempted by _fueros_ or special
privileged jurisdictions, from the control of the constitutional courts.
The _fueros_ were chiefly those of the military and ecclesiastics. There
was a common military _fuero_ in civil and criminal matters, which
authorized the parties to have their causes tried before the commanding
generals, and, on appeals, before the supreme tribunal of War and
Marine, whilst there was another right of trial, or jurisdiction for
military misdemeanors, before the council of war of general officers.
There were, besides these, three special _fueros_ of war;--one of
artillery, one of engineers, and another of the active militia. The
ecclesiastical _fuero_, gave an appeal from the bishop to the
metropolitan, or from the archbishop to the nearest prelate;--if the
metropolitan commenced a cause, an appeal lay to the bishop who was his
nearest neighbor; and, on a third trial, to another neighboring
episcopate. Notwithstanding these military and ecclesiastical _fueros_
were permitted to exist by special favoritism after the republic was
formed, the Mexicans suppressed, after 1824, the _fueros_ of the
consulados and of the mineria, or the mercantile and mining tribunals,
both of which were sanctioned by experience or convenience, and whose
foundations had been laid in the best principles of jurisprudence. To
compensate, however, for the destruction of such useful institutions, it
was determined that, in the federal districts and territories, suits
growing out of mercantile transactions should be decided, in the first
instance, by the "Alcaldes" or judges _de letras_, with whom were
associated two colleagues proposed by the parties, and from whom an
appeal might be taken to the supreme court. No special tribunal was
created for the mining interests. In the federal districts and
territories a primary tribunal was constituted for the trial of
culprits, before an Alcalde and two Regidores; from whom an appeal lay
to another _Alcalde_ or _Regidor_ and two associates, one of whom was
named by the Syndic, and the other by the criminal. This correctional
police, which has since been somewhat modified, disposed summarily of
the greater part of malefactors in Mexico, and was empowered to sentence
to the extent of six years imprisonment. The central constitution of
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