annually from among the people in presence of the curate, who was the adviser and guide in all matters. The election was as a rule nominal, for the offices, particularly the former, fell to the Indian nobles, and in some villages the cacique was perpetual alcalde. This officer could inflict punishment to the extent of a day's imprisonment or eight lashes on drunkards, absentees from mass, and similar offenders. Greater culprits, including half-breeds, must be merely arrested and taken to the nearest Spanish town. The caciques or chiefs retained a certain power independent of any official rank, with right to establish their claims to succession, to wield authority over the Indians within their district, and to exact tribute, although this was moderated if regarded as excessive. They must pay the men employed and inflict only light punishments.[1] The privileges granted them as nobles were generally abused in tyrannizing over their semi-subjects, partly as a relief to their feelings, which suffered so much from Spanish insolence. The curates and political agents were generally prepared to support them for economic reasons. Special care was taken to dispose of Indian civil and criminal cases promptly and with the least expense. Indeed, processes were not permitted except in grave instances. In audiencia cities, a lawyer and procurador attended exclusively to them, without charging fees, their pay coming from fines or community effects.[2] Cases of first instance pertained to governors, and at Mexico an Indian tribunal under an oidor or alcalde de crímen, who acted as asesor to the viceroy, attended to this duty.[3]
- ↑ No ordinary judge could seize a cacique, except for grave offence. No mestizo could hold this dignity. Recop. Ind., ii. 245-9; Zamora, Bib. Leg. Ult., i. 152 et seq.; Icazba'ceta, Col. Doc., ii. 1-24.
- ↑ In suits before the audiencia the fiscal defended one party, the protector the other. Recop. lnd., ii. 243. The protector and defensor offices were suppressed in 1582, but revived a few years later.
- ↑ For its support a tax of half a real was levied on each Indian. Id., 200. A clerk and relator assisted. Azanza, Instruc., MS., 11. The oidor received 400 pesos a year for this extra duty. Indians could freely give powers of attorney so as to avoid appearance in person.
