The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 250
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The Southwestern Historical Quarterly
from a. study of the Constitution and of Decree No. 39, approved
June 21, 1827. These show, as we have already seen, that the
alcalde had sole and final jurisdiction in petty cases both civil and
criminal. This jurisdiction was purely local, and, in a way, was
outside the general system. In more important cases the alcalde
was the court of first instance, conducting the examining trial and
sending the record to the asesor general, or State's attorney, at
Saltillo for advice as to, the verdict that he should render. Hav-
ing received the asesor's dictamen, or opinion, he must give judg-
ment within eight days. Ie was not compelled to follow the dic-
talmen exactly, but, since the asesor was a competent lawyer, he
varied from it at some risk. An appeal could be, and in cases
involving corporal punishment must be, taken from the court of
first instance to the first chamber of the Supreme Court, which
sat at Saltillo. The Supreme Court was composed of three judges,
or ministros, and was divided into three chambers, one, judge pre-
siding over each chamber, and associating with himself in the
hearings two colleagues, chosen one. each by the parties to the
suit. The second chamber heard appeals from the first, but the
third was not a trial court at all. It ruled on questions of juris-
diction arising in the lower courts, determined "appeals of null-
ity"-motions to quash or set aside verdicts of the lower courts,-
had some part, not clearly defined, in appeals from ecclesiastical
courts, and had certain semi-clerical functions.7
The opportunities for delay in such a system were very great,
and its inconvenience to, the Texans was enormous. Thus in any
case of corporal punishment there was first an examining trial be-
fore the alcalde, the evidence was then forwarded to the asesor
general at Saltillo, some 500 miles away, his, dictamen was re-
turned to the alcalde and judgment pronounced, but before it
could be executed the judgment and all the documents in the case
must make another trip, to Saltillo to receive the approval of the
Supreme Court. With the least possible delay four months were
consumed in this procedure, and the normal time was from six
to, eight months."' In the meantime the prisoner was supposed to
be in jail or employed on the, public roads. If, as at San Felipe,
97Constitution of Coahuila and Texas, Title III, in Gammel, Laws of
Texas, I, 447-450; Decree No. 39 (June 21, 1827), in Bexar Archives.
"Editorial in the Texas Gazette, August 29, 1830.250
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/256/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.