JUDICIARY ADMINISTRATION OF JUSTICE. 



147 



cons ulados and of the mineria, or the mercantile and mining tribu- 

 nals, 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 transac- 

 tions should be decided, in the first instance, by the " Alcaldes" 

 or judges de letras, with whom were associated . two colleagues pro- 

 posed by the parties, and from whom an appeal might be taken to 

 the supreme court. No special tribunal was created for the min- 

 ing interests. In the federal districts and territories a primary tri- 

 bunal 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 u 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 certifi- 

 cate 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, 



