foreigners to contract, &c., and suspending, likewise, Article 1, Title 7th of the Ordinances of Mining (las Ordenanzas de Mineria) which required them to be naturalized, or tolerated by express license of the Government, in order to acquire and work Mines as their own, but limiting the effect of this suspension to the enabling of foreigners to contract with the owners of Mines (los dueños de Minas) for the fur nishing of every class of supplies, and "to the power of acquiring the ownership of shares in the enterprise, which they assist, they being subject in every respect to our ordinances for the working of mines, and the reduction of ores, and to the other obligations and charges under which the Nation grants the ownership, (la propriedad) of such real estate (tales fundos) to every citizen."

See Galvan's "Decretos y Ordenes," Tomo. 2, p. 192. Translated in Halleck's Mining Laws p. 403.

By the 7th Article of the "Constitutive Act of the Federation,” passed January 31st, 1824, by the "Second Constituent Mexican Congress," said Federation was made to consist of States and Territories, the Californias belonging to the latter class, and remaining "directly subject to its supreme power."

By the 18th Article, it was provided that the administration of justice should be confided to a "Supreme Court of Justice, and to such tribunals as may be established in the separate States," and by the 23d Article, that "the Judicial power of each State shall be exercised by such tribunals as may be established by its constitution," but that "the Legislatures of the different States may provisionally organize their interior government, and, until that is done, the laws actually in force (las leyes vigentes) shall be observed.”

By Decree of the same Congress, passed July 24th 1824, in order to induce the introduction of capital into the Republic, and its employment in the production of quicksilver, there was granted to Don Juan Bautista Binnon "the exclusive privilege, for the period of five years, of working Mines of Quicksilver in the territory of the Republic, he conforming in all respects to the Ordinances of Mining" (a las Ordenanzas de Mineria.)

By the "Federal Constitution of the United Mexican States," established by said Constituent Congress on the 4th day of October 1824, Upper California and Lower California continued Territories of the Federation, and by Section 5th, Art. 50, Subd. 30, Congress was vested with the power to grant laws and decrees for their interior administration.”

By Article 123d, it was declared that "the Judicial power of the Federation shall reside in a Supreme Court of Justice, in Circuit Courts (Tribunales de Circuito) and in District Courts (Juzgados de Districto,) and, by Article 160, that "the Judicial power in each state shall be exercised by the tribunals which its constitution establishes, or designates," &c.

From the time, therefore, the above mentioned "Constitutive Act," and general "Constitution" of the Mexican Federation, went into effect, the whole Judicial power of the Nation being vested in the "Supreme Court of Justice," in the "Circuit" and "District" Courts, and in such Tribunals as the Constitution of each state should "establish or "designate," all special tribunals, such as the "Tribunals General of Mining," at Mexico, and the "Deputations of Mining," (if any such existed,) in the Territories, became illegal and divested of their jurisdiction, and whether such "Deputations" could, thereafter, exist in the several states,

depended, from the time of the adoption of their respective Constitutions, wholly, upon the fact, whether they were "established," or "designated," as Tribunals thereunder.

It is unnecessary to our argument to refer to the several State Constitutions, for the purpose of ascertaining what Tribunals were established or continued by them. It would be found by such reference, that some of them, like the Federal Constitution, vested all judicial power in the ordinary judicial tribunals, and that others, in part, or in whole, continued the tribunals then existing, until by law some other disposition should be made.

See Galvan's "Coleccion de Constituciones de los Estados Unidos Mexicanos."

Rockwell, in the preface to his Compilation of Spanish and Mexican Law, (page 22,) says, that, "by a Decree of the Congress of the State of Durango, dated the 23d of November 1824, it was resolved, that a Tribunal de Mineria, or Mining Court, for appeals in the second instance, should be established, to consist of a lawyer and two miners; that by a subsequent Decree its functions were regulated; that, "by an order of the Congress of the State of Chihuahua, dated the 16th of March 1826, the contentious jurisdiction of the Mining Deputations was transferred to the ordinary Courts," and, by a subsequent Decree, said Deputations were made subject to the Supreme Government of the State; and that, "by a Decree of the Congress of the State of Guanaxuato of the 24th of April, 1827, the contentious jurisdiction of the Mining Deputations was transferred to the ordinary tribunals of justice, their ministerial and economical authorities, as well as the ministerial and economical authorities of the extinct General Tribunal, remaining vested in them," and that "these are the only regulations by which

any changes of importance are understood to have been introduced into the Mining Laws of the Republic of Mexico, since the establishment of its independence."

Whether this statement of Mr. Rockwell, as to the legislation of the respective Mexican States upon this subject, is correct or not, we have not the present means of verifying; but one thing seems certain, and that is the only one which has relation to our argument, that, upon the establishment of the Federal Constitution of 1824, no special Mining Tribunals could thereafter exist in any of the Territories of the Republic, and that all judicial power upon the subject of mines and miners, was thereby vested in the ordinary tribunals.

This effect is clearly recognized in the Decree of the Mexican Congress of May 20th, 1826, the first article of which is as follows:

"Art. 1. The Tribunal General of Mining must cease, according to the general Constitution, in so far as it relates to the administration of justice with which it was charged." Halleck's Mining Laws, 409.

By the second article, it is made to cease, likewise, as to its executive, economical and administrative attributes, and, by subsequent Articles, and by the governmental regulation, (providencia,) framed for carrying it into execution, its members were formed into a "Junta Provisional de Mineria," for temporary purposes, to be succeeded by a Junta called an "Establishment (Establecimiento) of Mining," composed of an agent of the miners, an attorney of the creditors of the mining fund, and a government accountant. The "College of Mining," and the above mentioned "Mining fund," both created under said Ordinances of 1783, were thenceforth committed to the management of said "Establishment of Mining."

The Federal Constitution of 1824 was overthrown in the year 1836, and the "Constitutional Laws" (Leyes Constitucionales) of the latter year, adopted in its place; but these did not re-establish said Special Mining Tribunals.

Subsequently, Santa Anna having set aside said “Constitutional Laws," and assumed dictatorial powers under the Plan of Tacubaya, on the 27th day of November, 1841, issued a Decree creating a Junta to form and present, as soon as possible, a new project for the "re-establishment of the Special Tribunals of mining, with the modifications which the present system of government requires, and those which experience has indicated," etc.

See Lara's "Decretos y Ordenes de Gobierno Provisional," 1841-2, No. 183, p. 194.

Translated in Halleck's Mining Laws, p. 425.

On the 11th day of March, 1842, Santa Anna issued another Decree, "permitting foreigners to acquire real estate (bienes raices) in the Republic," the first and second articles of which are as follows:

"Art. 1. Foreigners who are domiciled and residing in the republic, shall be at liberty to acquire and possess urban and country property, (propriedades urbanas y rusticas) by purchase, adjudication, denouncement, or any other title whatsoever established by the laws."

"Art. 2. They shall also be at liberty to acquire in property, (en propriedad) mines of gold, silver, copper, quicksilver, iron and coal, of which they may be discoverers, agreeably to the Ordinance of that branch," (Ordenanza del ramo.)

See Lara's Dec. y Ord. del Gob. Prov. 1841-2, No. 325, p. 374.

Translated in Halleck's Mining Laws, pp. 426-429.