criminal. They have the fole right of nominating the perfons who hold many offices of the highest importance, and the occafional privilege of fupplying fuch as are in the royal gift, until the fucceffor appointed by the king fhall arrive. The external pomp of their government is fuited to its real dignity and power. Their courts are formed upon the model of that at Madrid, with horfe and foot guards, a household regularly establifhed, numerous attendand enfigns of command, difplaying fuch magnificence, as hardly retains the appearance of delegated authority, i)

ants,

Courts of Audience.

But as the viceroys cannot difcharge in perfon the functions of a fupreme magiftrate in every part of their extensive jurisdiction, they are aided in their government by officers and tribunals fimilar to thofe in Spain. The conduct of civil affairs in the various provinces and diftricts, into which the Spanish dominions in America are divided, is committed to magiftrates of various orders and denominations; fome appointed by the king, others by the viceroy, but all fubject to the command of the latter, and amenable to the jurifdiction. The adminif tration of juftice is vefted in tribunals, known by the name of Audiences, and formed upon the model of the court of Chancery in Spain. 5) Ulloa, Voy. i. 432. Gage, 61.

ROBERTSON Vol. 111.

Thefe are eleven in number, and difpenfe juf tice to as many diftricts, into which the Spanifh dominions in America are divided. k) The number of judges in the court of Audience is various, according to the extent and importance of their jurifdiction. The ftation is no lefs honourable than lucrative, and is commonly filled by perfons of fuch abilities and merit as renders this tribunal extremely refpe&table. Both civil and criminal caufes come under their cognizance, and for each peculiar judges are fet apart.

Their jurifdi&ion.

Though it is only in the most defpotick governments, that the fovereign exercifés in perfon the formidable prerogative of adminiftering juftice to his fubjects, and in abfolving, or condemning, confults no law but what is de-. pofited in his own breaft; though in all the monarchies of Europe, judicial authority is committed to magiftrates, whofe decifions are regulated by kno wn laws and established forms, the Spanish viceroys have often attempted to intrude themselves into the feat of juftice, and, with an ambition which their diftance from the controul of a fuperior rendered bold, have afpired at a power which their mafter does not venture to affume. In order to check an. ufurpation which must have annihilated juftice.

k) See NOTE XLVI.

and fecurity in the Spanish colonies, by fubjecting the lives and property of all to the will of a fingle man, the viceroys have been prohibited, in the moft explicit terms, by repeated laws, from interfering in the judicial proceedings of the courts of Audience, or from delivering an opinion, or giving a voice with respect to any point litigated before them. 1) In fome particular cafes, in which any queftion of civil right is involved, even the political regulations of the viceroy may be brought under the review of the court of Audience, which, in those inftances, may be deemed an intermediate power placed between him and the people, as a conftitutional barrier to circumfcribe his jurifdiction. But as legal restraints on a person who reprenfents the fovereign, and is clothed with his authority, are little fuited to the genius of Spanish policy; the hefitation and referve with which it confers this power on the courts of Audience, are remarkable. They may advife, they may remonftrate; but, in the event of a direct collifion between their opinion and the will of the viceroy, what he determines muft be carried into execution, and nothing remains for them, but to lay the matter before the king and the council of the Indies. m) But to be intitled to S 2

1) Recop. lib. ii. tit. xv. 1. 35. 38. 44. lib. iii. tit. iii. I. 36, 37. m) Solorz. de Jure Ind. lib. iv. c. 3. n. 40, 41. Recop. lib. ii. tit. xv. 1. 36. lib. iii, tit. iii. 1. 34. lib. v. tit. ix. 1. I.

remonftrate, and inform against a person, before whom all others must be filent, and tamely fubmit to his decrees, is a privilege which adds dignity to the courts of Audience. This is farther augmented by another circumftance. Upon the death of a viceroy, without any provision of a fucceffor by the king, the fupreme power is vefted in the court of Audience refident in the capital of the viceroyalty, and the fenior judge, affifted by his brethren, exercifes all the functions of the viceroy while the office continues vacant. n) In matters which come under the cognizance of the Audiences, in the courfe of their ordinary jurifdi&tion, as courts of justice, their fentences are final in every litigation concerning property of lefs value than fix thoufand pefos; but when the subject in difpute exceeds that fum, their decifions are fubject to review, and may be carried by appeal before the royal council of the Indies. o)

Council of the Indies.

In this council, one of the most confiderable in the monarchy for dignity and power, is vefted the fupreme government of all the Spanish dominions in America. It was firft eftablished by Ferdinand, in the year 1511, and brought into a more perfect form by Charles V. in the year 1524.

n) Recop. lib. i. tit. xv. 1. 57, &c. o) Recop. lib. v. tit, xiii. 1, I &c.

Its power.

Its jurifdiction extends to every department, ecclefiaftical, civil, military, and commercial. All laws and ordinances relative to the government and police of the colonies originate there, and must be approved of by twothirds of the members, before they are iffued in the name of the king. All the offices, of which the nomination is referved to the crown, are conferred in this council. To it each perfon employed in America, from the viceroy downwards is accountable. It reviews their conduct, rewards their fervices, and inflicts the punishments due to their malverfations. p). Before it, is laid whatever intelligence, either publick or fecret, is received from America, and every scheme of improving the adminiftration, the police, or the commerce of the colonies, is fubmitted to its confideration. From the firft inftitution of the council of the Indies, it has been the conftant object of the catholick monarchs to maintain its authority, and to make fuch additions from time to time, both to its power and its fplendor, as might render it formidable to all their fubjects in the New World. Whatever degree of publick order and virtue ftill remains in that country, where fo many circumftances confpire to relax the former, and to corrupt the latter, may be

p) Recop. lib. ii. tit.' ii. 1. I, 2, &c.