Page:Mexico in 1827 Vol 1.djvu/538

508 Miguel Modet, Pedro de la Puente, Miguel Bachiller, Felipe Martinez, Manuel Martinez Mansilla, Ambrosio Lagarzurrieta.

The Audiencia lost by the establishment of the Spanish Constitution, which was sworn in Mexico, the 30th October, 1812, the most lucrative part of its former privileges: The commissions, Conservadurias de Mayorazgos, the Judgment of Natives, the Assessorships of the Mines and Post-office, the Management of the Marquisate of the Valle de Oaxaca, the Auditorships of War, &c. its direct influence over the Viceroys by means of the Acuerdo, and its right of deciding in cases of appeal upon government measures. Hence its detestation of a system which it attacked under the pretence of zeal for the public welfare.

Hence, too, its hostility to Iturrigaray, whom it deposed, ignominiously, and whose condemnation to a fine of 284,241 dollars, under a sentence of Residencia, it ultimately effected.

Bustamante is undoubtedly right in his opinion of the motives by which the Audiencia was actuated; but, at the same time, it must be confessed that this Tribunal appears to have had a very clear perception of the real state of Mexico. Its arguments with regard to the inapplicability of the Constitution to a country in a state of revolution, are unanswerable: it conceded too much, or too little: Spain had no choice but to retain her power, if she could, by the means which had enabled her, during three centuries, to support it, and to modify abuses, the existence of which she could not deny, when submission was restored; or to resign her authority at once into the hands of those, who would no longer acknowledge it, and to endeavour to make the best bargain she could for the cession of rights, which she could hardly hope to retain. The error lies in having thought that the first of these alternatives could be adopted with any prospect of success; and this error is the more inexcusable on the part of the Audiencia, from the conviction which it expresses, and appears to feel throughout the