THE ALCALDE SYSTEM OF CALIFORNIA.

THIS is the name generally given to the legal and judicial system that existed In California, prior to the adoption of the state judiciary. But so confused are the notions entertained in relation to that system, that a brief account of it may not be deemed inappropriate.

It is said, and perhaps truly, that for a long time the law and the administration of justice in California were in the hands of the Comandantes of the Presidios (Forts) and of the Padres of the missions. Their opinion of the very right of each individual case was the law for the time being. And, perhaps, for the wants of an unlettered peasantry on the extreme borders of civilization, it was much better law, and better adapted to their condition, than the ponderous tomes, and complicated refinements, of the civil law. But early in the history of California appeared that class of magistrates, which occupy so conspicuous a place in all Spanish countries-Alcaldes.

The Al-Caid, or village Judge of the Moors, never enjoyed greater license in the administration of justice among the "faithful" than did the Spanish Alcaldes in remote villages. Yet, Alcaldes were generally popular with the people. So far as they exercised the functions of a court, the pleadings before them were oral, and their proceedings were summary and without appeal in all small matters. Their ready disposition of litigation, brought before them, strangely contrasted with "the interminable and long drawn out" proceedings of Spanish Courts of Record.

Another cause of their popularity was, their position under the law, as amicable compounders, and conciliators of disputes, whose friendly offices must be invoked, before a litigious action could be commenced in a Court of Record.

But the highest honor which the Alcaldes enjoyed, was their political position, as head-men of their village. For, having been chosen by their fellow townsmen, as first councillors of their municipality, they exercised ex officio, the office of Justice of the Peace, when there was no such officer in their several villages, and like that officer the Alcalde became, or might become, Judge of First Instance, during the temporary vacancy of that office. And it is a mooted question, whether Alcaldes were not Judges of First Instance, ex officio, in all "jurisdictions," where Courts of First Instance had not been organized. The

The Alcalde System of California.

Cortez of Spain of the year 1812, multiplied immensely this grade of officers, by extending municipal privileges to the whole population of the Spanish dependencies. When the population did not amount to fifty inhabitants, several hamlets and the rustic population were grouped together until a population of fifty inhabitants was obtained. And there was organized the lowest order of an Ayuntamiento, which consisted of an Alcalde, a Regidor, and a Syndico. If there was no Justice of the Peace in the bounds of this rural municipality, the first municipal officer was ex officio a Justice of the Peace. Such is substantially the legal position of Alcaldes in Mexico at the time of the adoption of the constitution of the year 1837. And what they legally were, or ought to have been, after that time, can be seen from the following extracts from the decree of March 20th, 1837:

"SECTION VI.

Of the Alcaldes.

ART. 1. The Alcaldes in the places of their usual residence, will take care of good order and public tranquillity.

ART. 2. They will watch over the execution and fulfilment of the police regulations, laws, decrees, and orders which may be communicated to them by the Sub-Prefects, or in their defect, by the Prefects, and they will duly circulate them to the Justices of the Peace of the Municipality.

ART. 3. For the fulfilment of the objects mentioned in the preceding articles they will ask for the necessary force from the Military Commandant. ART. 4. In defect of such force, or if it should not be sufficient, and any citizens should ask assistance in order to secure their persons or property when they are in danger, and in general for the security or apprehension of criminals within their jurisdiction, and for the preservation of public order, they will call upon the citizens, who are strictly obliged to obey them, the same as any other public authority.

ART. 5. They will cause the culprit, in flagrante, to be secured and within three days will put him at the disposal of the competent Judge.

ART. 6. They will see that the residents of the place live by useful occupations, and they will reprimand the idle, vagabonds, persons of bad conduct, and those who have no known occupation.

ART. 7. Those who through drunkenness or any other motive, disturb the public tranquillity, or who disobey them, or are wanting in respect to them, they may on their own authority fine to the amount of $25, to be applied to the municipal funds, or they may sentence to four days of public works, or double the time of arrest, taking into consideration the circumstances of the individuals, and giving them a trial in case they may require it: but with respect to crimes designated by law the existing regulations must be observed.

ART. 8. Should any one consider himself aggrieved in the case of the

The Alcalde System of California.

preceding article he may appeal to the immediate superior, who will definitely determine what he may esteem just.

ART. 9. They will assist and have a vote at the session of the Ayuntamientos, and they will preside over them according to the order of their appointment when neither the Prefect nor Sub-Prefect assists, and when they do preside their vote shall be decisive.

ART. 10. The temporary absence of the Alcaldes will be supplied by the Regidores according to the order of their appointment. The same will be practised in case of death, &c., until the person be elected who is to succeed them."

Clearly, by this Act, Alcaldes were not constituted judicial officers. The only town in California legally entitled to this class of Magistrates, was the capital, Monterey; as there was not a town in California which contained a population of 4000 inhabitants, until long after the annexation of the territory to the United States.

From the same law I extract the following definition of an Ayuntamiento; remarking at the same time, that the organization under this law consisted ordinarily of three Alcaldes, (1st, 2d, and 3d,) six Regidores, and two Syndicos.

"SECTION V.

Of the Ayuntamientos.

ART. 1. The Capital of the Department, Ports with a population of 4000 inhabitants, Interior Towns of 8000 inhabitants, Towns which had Ayuntamientos previous to 1808, and those to whom this right is given by special law, shall be entitled to Ayuntamientos or Town Councils.

ART. 2. In order to form a quorum for the transaction of any business, more than one half of the members must be present.

ART. 3. The number of Alcaldes, Regidores, and Sindicos will be fixed by the Departmental Legislature in concert with the Governor, but the first must not exceed six; the second, twelve; and the third, two.

ART. 4. The Alcaldes are to be removed every year, half of the Regidores the same, and when there are two Sindicos, one of them, the first appointed to be first removed; when there is only one Sindico he must be changed every year.

ART. 5. The Alcaldes, Regidores, and Sindicos may be re-elected indefinitely, and no one can refuse to serve without a just cause, approved by the Governor or Prefect, or in case of re-election, when two years have not expired, or if within the same period they have acted in any other municipal situation, or as Sub-Prefect, or Justice of the Peace.

ART. 6. In case of the death or incapacity of any of the members of the Ayuntamiento, others may be elected to supply their places, unless the vacancy should occur within less than three months of the close of the year; in which case the periodical time must be waited for.

The Alcalde System of California.

ART. 7. If the newly elected should be an Alcalde, he will take the place that was vacant; if a Regidor or Sindico, he will occupy the lowest place, and the others will ascend according to the order of their appointment, until the vacancy be filled up.

ART. 8. In case of the suspension of an entire Ayuntamiento, or part of one, the Ayuntamiento of the preceding year will take its place in the whole or in part as it may happen.

ART. 9. The following persons cannot be members of Ayuntamiento: Officers appointed by Congress, by the General or Departmental Governments, the Magistrates of the Supreme tribunals, the legal judge of the lower court, (de primera instancia,) Clergymen, Directors of Hospitals, or other charitable institutions.

ART. 10. The Ayuntamientos, under subjection to the Sub-Prefects, and through them to the Prefects and Governor, will have charge of the police, health, comfort, ornament, order and security of their respective jurisdictions.

ART. 11. They will consequently take care of the cleanliness of the streets, market places and the public squares.

ART. 12. They will see that in each town there be one or more burying grounds conveniently located.

ART. 13. They will watch over the quality of all kinds of liquors and provisions, in order that nothing unsound or corrupted be sold.

ART. 14. They will take care that in the apothecary shops, no rancid or adulterated drugs be sold, to which end they may appoint intelligent persons of the faculty to examine them.

ART. 15. They will see that marshes be drained, and stagnant and unhealthy waters be made to run off, and everything which tends to injure the health of men or cattle be removed.

ART. 16. They will likewise take care of prisons, hospitals, and establishments of public beneficence which are not of private foundations.

ART. 17. The moment that any prevailing sickness makes its appearance in the district of the Municipality, the Ayuntamiento will inform the Sub-Prefect, or should there be no Sub-Prefect, the Prefect, in order that through his means, the necessary assistance may be administered, but this will not prevent the Ayuntamiento from taking in the mean time the necessary steps to cut off or restrain the evil in its commencement.

ART. 18. With this laudable object, they will name a committee of charity, composed of a Regidor or Alcalde, a Sindico, a Physician should there be one in the place, and two residents or more, should the Ayuntamiento think it necessary, according to the extent of the place and the duties to be performed.

ART. 19. The Ayuntamiento will remit semi-annually, to the Sub-Prefect, or in default of him to the Prefect, that he may forward it to the Governor, an account of the births, marriages and deaths in each of these periods, which