(See references.)

ART. 4. In particular passages relating to viceroys of the Indies, we have an infinite number of cédulas which decide this and assert the same, which can be seen in the first volume of those in print from page 237; and, besides these, another still of a fresher date given at St. Lorenzo, 19th July, 1614, which orders, generally, "that the viceroys, as holding the place of the king, can act and decree in the same manner as the royal person, and must be obeyed as one holding his authority, without replying, without interpretation, under the penalties to which are subjected those who do not obey the royal commands, and such laws as may be imposed by them; and that which they ordain and command, the king will hold as firm and valid."

(See references.)

ART. 5. All which is certain, and in such manner that, even when they exceed their powers or secret instructions, they must be obeyed like the king himself, although they may transgress, and are afterwards punished for it, as I have already said in other chapters; and Mastrillo expresses it at some length, in speaking of the practice of these secret instructions, and the form which must be observed in them. And the reason of this is, because we must almost presume in favor of the viceroys; and what they do we must consider as done by the king who appointed them, as is said in many texts, and by several authors.

(See references.)

Book 6-Chapter 12-Page 482-Article 13.

And by another cédula in Madrid, 27th October, 1535, it is permitted that the ancient conquerors, and other well deserving persons in the Indies, be remunerated and accommodated with lands and possessions there, and that, amongst these, the most worthy should be preferred; which cédula is very just, and now can be enforced by the viceroys without contravening that of 1591, when the merits were worthy of satisfaction, because the interest of kings is not small to give compliance to it, nor is it new to give a premium to old services, as I have said in other places.

TITLE IX.

GOVERNMENT OF THE ISLAND OF CUBA.

The island is divided into two provinces, whose capitals are the Havana and St. Jago de Cuba.

The governor and political chief of the former is captain-general of the island, and that province extends to Puerto Principe.

The governor of the latter has jurisdiction over the remaining part of the island, which embraces the province of Cuba, whose government is given to a military officer, who is political chief in his province; and, in military matters, is subordinate to the captaingeneral.

Both governors have jurisdiction in military controversies only. His Ex. Don Juan Ruiz de Apodaca, in compliance with a law of the 9th October last, (1812,) regulating the powers of courts, declared that his jurisdiction, civil and criminal, in ordinary cases, was at an end, and ordered all causes then pending before him to be transferred to the auditior, Lt. Gov. Leonarde del Monte, to be determined according to the law referred to. Military jurisdiction was reserved to the governor.

The former governors of Cuba were governors of the whole island. In the time of Pedro Valdes it was finally determined that the captaincy-general of the whole island should be annexed to the governor of Havana, leaving the governor of the province of Cuba political and military governor in the district under his command.

In both governments there are six lieutenant captaincies. In that of the captain-general are those of Puerto Principe, Cuatro Villas and Filipinas. In that of Cuba, those of Baracoa, Bayamo and Hoguin. These lieutenants exercise jurisdiction in military causes, with appeal to the captain-general; but not in civil matters.

There is, in this branch, a superior tribunal of secondary instance, which is the audience sitting at the city of Puerto Principe, and composed of two chambers (salas) and nine judges (ministros). It was formerly presided by the captain-general of the island, but now by its regent.

In all the towns and villages of the island, there are corporations, ayuntamientos, elected annually by the people, agreeably to the constitution. And when judicial jurisdiction is exercised by them, and the political and economical government by the judge of letters and the constitutional alcaldes, the circuit judges and district captains are suppressed.

The ayuntamiento now consists of two alcaldes, elected annually;

twelve regidors, one half renewed annually; two attorneys, (procuradores) one renewable annually; one secretary. This body is presided by the captain-general of the island.

The principal tribunals are:

The captaincy-general, with jurisdiction in military matters only. The courts of the judges of letters, (juez de letras,) of whom there is one for every twenty-five thousand souls. They have original jurisdiction in civil and criminal matters.

The court of constitutional alcaldes having concurrent jurisdiction. with the last mentioned, but exclusively in cases first brought before it (a prevencion): appeal lies from these to the territorial audience. The tribunal del consulado, having jurisdiction in mercantile mat

It consists of a prior, two consuls, an assessor, and a clerk. From this, appeal lies to the tribunal of algadas in matters of considerable amount. This is presided by the captain-general, and consists of two members, whom he chooses from among four who are proposed by the parties, and one assessor. The clerk of the consulado serves also in this.

The administration of the royal treasury of the island is presided by the superintendant general residing at Havana, and two intendants of provinces in Puerto Principe. The superintendant is president of the tribunal of accounts, of the board of tythes, of the superintendency of the cruzada, judge conservator of the national lottery. He presides in the tribunal in the trial of suits concerning the public treasury; and from this, appeal lies to the superior board, which is presided by the superior accountant instead of the court of account of Mexico, where such appeals were formerly carried.

The tribunal of superintendence of tobacco is composed of a superintendant, assessor, fiscal and clerk. Appeal lies from it to the supreme court of justice in Spain.

The tribunal of marine, presided by the commandant general.

TITLE X.

CONSTITUTIVE ACTS OF THE MEXICAN FEDERATION.

The Supreme Executive Power, provisionally appointed by the sovereign Mexican Congress, to all to whom these presents shall come, greeting: Know ye, that the sovereign Constituent Congress has decreed as follows:

The sovereign Constituent Mexican Congress has thought proper to enact the following Constitutive Act of the Federation.

Form of government and Religion.

ART. 1. The Mexican nation is composed of the provinces formerly known as the vice-royalty of New Spain, the captain-generalship of Yucatan, and the internal provinces of the east and west.

ART. 2. The Mexican nation is for ever free and independent of Spain, and of every other power, and it is not, nor can it ever become the patrimony of any family or person.

ART. 3. The sovereign power resides wholly and exclusively in the nation, which has consequently the exclusive power to adopt and to establish by means of its representatives, the form of government and other fundamental laws, which may appear to it best suited to its preservation and prosperity, and to change and to modify such laws, whenever it may think proper.

ART. 4. The religion of the Mexican nation is and shall perpetually remain the Roman Catholic and Apostolic. The nation protects it by just and wise laws, and prohibits the exercise of every other. ART. 5. The nation adopts for the form of its government, a popular representative and federal republic.

ART. 6. Its integral parts are free, sovereign and independent states, in as far as regards exclusively its internal administration, according to the rules laid down in this act, and in the general constitution.

ART. 7. The states, at present comprising the federation, are the following; viz: Guanjuato; the internal state of the west composed of the provinces of Sonora and Sinaloa; the internal state of the east comprising the provinces of New Leon, Coahuila and Texas; the internal state of the north containing the provinces of Chihuahua, Durango and New Mexico; Mexico; Michoacan; Oajaca; Puebla de los Angeles; Queretaro; San Luis Potosi; New Santander, called also Tamaulipas; Tabasco; Tlascala; Vera Cruz; Jalisco; Yucatan and Zacatecas. The Californias and the district of Colima, (except the town of Tonila, which remains annexed to Jalisco) will for the present be territories of the Federation and directly subject to its supreme power. The districts and towns composing the province of the Isthmus of Guasacualco will return to those to whom they formerly belonged. The Lagune of Terminos appertains to the state of Yu

catan.

ART. 8. The constitution may increase the number of states mentioned in the preceding article, and modify them as it may, deem most conducive to the happiness of the people.

Division of Powers.

ART. 9. The supreme power of the Federation is divided into the legislative, executive, and judicial, and two or more of these powers can never be united in one person or corporation, nor can the legislative power be entrusted to a single individual.

The Legislative Power.

ART. 10. The legislative power of the Federation resides in a Chamber of Deputies and a senate, to be formed by the general congress.

ART. 11. The members of the Chamber of Deputies, and of the Senate shall be named by the states in the manner prescribed by the constitution.

ART. 12. The population shall be the basis of appointment of representatives to the Chamber of Deputies. Each state shall name two senators in the manner prescribed by the constitution.

ART. 13. The general congress shall have the exclusive right to enact laws and decrees;

1. To sustain the national independence, and to provide for the preservation and security of the nation in its external relations.

2. To preserve public peace and order in the interior of the Federation and to promote its improvement and general prosperity.

3. To maintain the independence of the states among themselves. 4. To protect and to regulate the liberty of the press throughout the Federation.

5. To preserve the federal union of the states, definitely to adjust their limits, and terminate their differences.

6. To sustain the relative equality of obligations and rights which the states are entitled to according to law.

7. To admit new states and territories into the federal union, by incorporating them with the nation.

8. To fix annually the expenses of the nation, after examining the statements, which for that purpose will be presented to it by the executive power.

9. To establish the contributions necessary to defray the general expenses of the republic, to determine their investment, and to require an account of their disbursement from the executive power.

10. To regulate commerce with foreign nations, and among the different states of the Federation and the Indian tribes.

11. To incur debts on behalf of the republic, and to give securities for their payment.

12. To acknowledge the public debt of the nation, and to indicate the means of consolidating the same.

13. To declare war after considering the facts which may be presented to its consideration by the executive power.

14. To grant letters of marque, and to declare lawful or otherwise the captures by land and sea.

15. To designate and to organise the sea and land forces, fixing the quota of each state.

16. To organise, arm and discipline the militia of the states, reserving to each the appointment of its respective officers, and the faculty of instructing them in conformity with the discipline prescribed by the general congress.