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.
1836 modified this judicial system, and constituted judges _de
partido_,--_Jueces Departamentales_, and a supreme court. The federal
jurisdiction was confined to admirality cases, fiscal transactions, and
causes which concerned the public functionaries, while the military and
ecclesiastical tribunals were left untouched.
Santa Anna during his last administration suppressed the district and
circuit judiciary, and extended the jurisdiction of the common
tribunals. But he restored the mercantile and mining "_fueros_" which
were loudly demanded by public opinion. One of the few really good and
useful provisions of the Spanish constitution has always been preserved
in all the changes of Mexican legislation. This is the _judgment of
conciliation_, by which litigant parties were prohibited from
originating an action until they procured a certificate from an
Alcalde,--who was not a lawyer,--that a judgment by arbitration or
conciliation had failed before him on trial. This is an admirable device
and terminates multitudes of law suits in Mexico when men fear to
encounter the costs and procrastination of the courts. It might be
successfully grafted on our own system of tribunals, where it would
doubtless benefit the clients though it might impair the professional
revenue of the counsellors.
By the readoption of the federal constitution of 1824, in the year 1847,
the judicial system was brought back from the changes of 1836 and 1843
to its former condition. The laws of Mexico, founded upon the old
Spanish colonial legislation, and improved, in some measure, by the
modification of state and national legislatures under the republic,
constitute a vast and chaotic mass of principles, commentaries and
decisions, which require a life time of studious toil to master and
expound. The mixture of constitutional tribunals and specially
privileged jurisdictions, under the system of _fueros_,--created a
complication of judicial functions, which greatly narrowed the chances
of a pure administration of law. The Mexican advocates, among whom many
are distinguished for their learning and studious habits, are not, when
considered as a professional body, comparable, either in information or
ability, to their British, French, German or American brethren. The
cumbrous formalities of Spanish law form a prolific hot-bed of special
pleading, chicanery, and delay. A Mexican law suit is a proverb of
procrastination. There are cases in Mexico in which the first paper was
filed more than a hundred years ago. The suitor is not only impeded by
every device that cunning and exaction can throw in his way, but there
is cause to believe that the path of justice is sometimes impeded by the
barrier of a bribe. If a Mexican lawyer is unable to force his cause to
a final verdict, he is at least always prepared to assign plausible
reasons for the tedious delay with which it halts and lingers in the
forums. Nor is the value of legal costs unknown in Mexico, either by
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