66 



INTRODUCTION. 



tures; and from the manner in which legislative, 

 executive, and judicial acts, are blended in all des- 

 potic governments, it is not easy to specify the boun- 

 daries between these different jurisdictions. I ques- 

 tion much, whether any but an American or an En- 

 glishman, can accurately comprehend the difference; 

 I never met with any other who had a clear notion of 

 it in practice. To us who are accustomed from infan- 

 cy to the operations of free government, it appears no 

 way difficult to distinguish what is properly a legis- 

 lative, executive, or judicial act, but this is far from 

 being the case with others, as 1 had frequent oppor- 

 tunities of remarking in the most intelligent French- 

 men or Spaniards. The cabildo is not intended as a 

 check on the viceroy or audiencia, but probably to 

 save them trouble. The members are not sufficiently 

 numerous to acquire an extensive influence over the 

 community, which they doubtless would do, if all the 

 different municipalities were united into a numerous 

 legislative body. The cabildo cannot pass laws, but 

 may do many acts, that with us, who have been bred 

 under a government of laws, would imply extensive 

 legislative powers. The laws of the Indies, is the 

 code of the colonies, together with such new decrees 

 as from time to time emanate from the king in his 

 council, and promulged by the viceroy. But inde- 

 pendently of these, the viceroy issues his own decree, 

 by hando or proclamation, often embracing the sub- 

 jects, which under our coloidal government, could 

 only proceed from the provincial legislature, or the 

 king of England and parliament. It is therefore in 

 vain to seek for the exact boundaries which separate 

 the authority of the viceroy, of the audiencia, or of the 



