considerable cities surrounded by vast deserts. This distribution has produced serious obstacles to the progress of the revolution, as well on account of the facilities afforded to the enemy, as from the clashing interests and feelings of a number of petty independent communities, with narrow local views of policy, springing up immediately after throwing off the Spanish yoke.

The municipal governments, exhibited an impor tant exception to the general despotic character of the colonial system. The cabildos, which are popular assemblies, were intrusted with the minutia of the internal government, with the police, the administration of justice in ordinary cases, and with other powers more various and important than those of our corporations. The persons who composed the deliberative part of this body were called regidors, a term corresponding in some measure with that of aldermen; the alcades, and other officers attached to this body, constitute the cabildo, ayuntamiento, or corporation. Those places which possessed cabildos, had in their local governments some considerable advantages over the cities of Spain, which were allowed to make amends for their distance from the metropolis, and their possessing no apoderados, or authorised agents to represent them in the council of the Indies, as the cities of Spain were represented in the council of Castile. This municipal institution was borrowed, however, from those of Spain. Their history is well known; they were established in that country, for the same reasons that Louis le Gros introduced the communes into France, and the English monarchs extended the powers of parliament; in order to form a counterpoise

to the great feudatories or vassals, the inhabitants of the cities were permitted to establish municipal tribunals, exempt from all control but that of the crown. By this means, the kings were enabled to get the better of the barons, after which, both in France and Spain, these bodies were either narrowed in their powers or treated with neglect; an occurrence which fortunately did not take place in England.

The Spaniards had much attachment to the cabildos; and the first settlers and conquerors, took great pains to introduce them into America; they were besides, desirous of enlarging their powers as much as possible. In the first instance, they were granted to every village, until after experience proved that they placed more power in the hands of the inhabitants, than was thought convenient to allow; especially as it was more extensive than had ever been given to the cabildos of Spain. Depons mentions a remarkable instance of what he calls usurpation on the part of the cabildos; its consequences resemble so much the occurrences that have taken place in some parts of South America, since the expulsion of the Spanish authorities, that I cannot refrain from extracting it. "The weakness of the governor Villacinda, suffered the cabildos of Venezuela to take a gigantic stride towards the usurpation of power. This governor, who died in 1556, ordained, to the prejudice of his lieutenant general, that during the vacancy, the cabildos should govern the province, each in its district, until the arrival of a regular successor. Never, perhaps, did imagination conceive an idea so absurd; but it was too flattering to those whom it clothed with authority, not to be considered by them as wise. Thus were the powers of government dis

tributed into the inexperienced hands of the cabildos. Each district of a cabildo became a republic, independent of the republic in its vicinity. This provisionary government, presented during a year that it existed, a complete picture of chaos and confusion." He farther informs us, that the cabildos sent a deputy to the king, with instructions to make a number of very important requests; one of which was, that in case of the death of the governor, and before the appointment of a successor, the government might be placed in their hands; the greater part of their requests were granted. The consequence of this increase of power, was several very serious collisions with the other branches of the government; particularly in the year 1725, when the cabildo of Caraccas deposed the governor Portalis, and threw him into prison. This finally led to a change in the policy of establishing new cabildos, and occasioned the powers of those already established to be curtailed.

The cabildo, however, is far from being a popular assembly according to our ideas. It is not properly elective; popular, elections having ceased in Spain before the introduction of these corporations into America. But they are connected in interest with the people, from the nature of their composition; none but native Americans, or Spaniards long settled in the country, being eligible. The places of regidor are sold by the king, but under the conditions before specified. The regidors annually elect the two alcaldes, de primer and segundo voto, who are very important magistrates in the local administration. This is the only semblance of election under the Spanish system in America. The number of the regidors varied in

different cities, but the chief magistrate of the place, is always the honorary president of the cabildo. These municipalities have been compared to the Roman dicuriones, established in their distant provinces. Although not elected by the people, they are regarded as their representatives, and are connected with them by ties and interests, which the viceroys and oydores are not allowed to form, or entertain. I scarcely know an instance in which they have not taken side with the people. They have been uniformly the organ through which their sentiments have been expressed. In the present contest, the cabildos have generally taken the lead in casting off the royal authority, and we are informed by Guerra, that in Mexico, on account of this well known inclination, they were for a time suppressed. These municipal bodies, intended at first to oversee the details of the police, had a constant tendency in America, to acquire greater importance and influence with the people, on account of the variety of circumstances sufficiently obvious to the reflecting mind; while at the same time, similar institutions in Spain were every day becoming of less account. While in America, there existed a state of things favorable to liberty, in the facility of obtaining subsistence, and the absence of comparatively oppressive exactions from the state, and the owners of fiefs in Spain, the people were ground and oppressed by tax gatherers, landlords, and the clergy, and at the same time assailed by the ills of poverty and want.

These are the leading features of the civil government. The only popular branch was possessed of very limited powers compared to our local legisla

tures; and from the manner in which legislative, executive, and judicial acts, are blended in all despotic governments, it is not easy to specify the boundaries between these different jurisdictions. I question much, whether any but an American or an Englishman, 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 infancy to the operations of free government, it appears no way difficult to distinguish what is properly a legislative, executive, or judicial act, but this is far from being the case with others, as 1 had frequent opportunities of remarking in the most intelligent Frenchmen 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 independently of these, the viceroy issues his own decree, by bando or proclamation, often embracing the subjects, which under our colonial 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