VIII. BOOK 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 instances, may be deemed an intermediate power placed between him and the people, as a constitutional barrier to circumfcribe his jurifdiction. But as legal restraints on a perfon who reprefents the fovereign, and is clothed with his authority, are little fuited to the genius of Spanish policy; the hesitation and referve with which it confers this power on the courts of Audience are remarkable. They may advise, they may remonstrate; but, in the event of a direct collifion between their opinion and the will of the viceroy, what he determines must be carried into execution, and nothing remains for them, but to lay the matter before the king and the council of the Indies ". But to be entitled to remonftrate, and inform against a perfon, before whom all others must be filent, and tamely submit 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 vested in the Solorz. de Jure Ind. lib. iv. c. 3. n. 40, 41. Recop. fib. ii. tit. xv. 1. 36. lib. iii. tit. iii. 1. 34. lib. v. tit. ix. 1. 1. court In VIII. court of Audience refident in the capital of the BOOK viceroyalty, and the senior judge, affifted by his brethren, exercifes all the functions of the viceroy while the office continues vacant. matters which come under the cognizance of the Audiences, in the course of their ordinary jurifdiction, as courts of juftice, their fentences are final in every litigation concerning property of lefs value than fix thousand pefos; but when the fubject in difpute exceeds that sum, their decifions are fubject to review, and may be carried by appeal before the royal council of the Indies P. the Indies. In this council, one of the moft confiderable Council of in the monarchy for dignity and power, is vested the fupreme government of all the Spanish dominions in America. It was first established by Ferdinand, in the year 1511, and brought into a more perfect form by Charles V. in the year 1524. Its jurifdiction extends to every depart- Its power. ment, ecclefiaftical, civil, military, and commer cial. All laws and ordinances relative to the government and police of the colonies originate there, and must be approved of by two thirds • Recop. lib. ii. tit. xv. 1. 57, &c. VIII. BOOK 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 person employed in America, from the viceroy downwards, is accountable. It reviews their conduct, rewards their fervices, and inflicts the punishments due to their malverfations. Before it is laid whatever intelligence, either public or fecret, is received from America; and every fcheme of improving the administration, the police, or the commerce of the colonies, is fubmitted to its confideration. From the firft institution of the council of the Indies, it has been the constant object of the catholic 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 public order and virtue still remains in that country, where fo many circumftances confpire to relax the former, and to corrupt the latter, may be afcribed in a great measure to the wife regulations and vigilant inspection of this refpectable tribunal'. Recop. lib. ii. tit. ii. 1. 1, 2, &c. As VIII. Contrata tions. As the king is fuppofed to be always prefent BOOK in his council of the Indies, its meetings are held in the place where he refides. An- Cafa de other tribunal has been inftituted, in order to cion. regulate fuch commercial affairs as required the immediate and perfonal infpection of thofe appointed to fuperintend them. This is called Cafa de la Contratacion, or the house of trade, and was established in Seville, the port to which commerce with the New World was confined, as early as the year 1501. It may be confidered Its funcboth as a board of trade, and as a court of judicature. In the former capacity, it takes cognizance of whatever relates to the intercourse of Spain with America, it regulates what commodities fhould be exported thither, and has the inspection of fuch as are received in return. It decides concerning the departure the fleets for the West Indies, the freight an burthen of the fhips, their equipment an destination. In the latter capacity, it judges with respect to every question, civil, commercial, or criminal, arifing in confequence of the tranf actions of Spain with America; and in both these departments its decifions are exempted from the review of any court but that of the council of the Indies $. Recop. lib. ix. tit. 1. Veitia Norte de la Contrata, clon, lib. i. c. I. C 3 SUCH BOOK First objcct, to fecure an trade. SUCH is the great outline of that system of government, which Spain has established in her American colonies. To enumerate the various fubordinate boards and officers employed in the administration of justice, in collecting the public revenue, and in regulating the interior police of the country; to defcribe their different functions, and to inquire into the mode and effect of their operations; would prove a detail no lefs intricate than minute and uninteresting, THE first object of the Spanish monarchs was exclufive to fecure the productions of the colonies to the parent ftate, by an abfolute prohibition of any intercourse with foreign nations. They took poffeffion of America by right of conqueft, and confcious not only of the feebleness of their infant fettlements, but aware of the difficulty in establishing their dominion over regions fo extenfive, or in retaining fo many reluctant nations under the yoke, they dreaded the intrusion of strangers; they even shunned their inspection, and endeavoured to keep them at a distance from their coafts. This fpirit of jealoufy and exclufion, which at firft was natural, and perhaps neceffary, augmented as their poffeffions in America extended, and the value of them came to be more fully understood. In confequence of it, a fyftem of colonizing was intro duced, |