Page:Mexico, Aztec, Spanish and Republican, Vol 2.djvu/173

Rh 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 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,