The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 66
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The Southwester Historical Quarterly
delineate the local government as is done in a municipal code, but
rather to arrive at a comprehension of the ideas and ideals of
the Council of the Indies and the Crown as expressed in the
Recopilacin with regard to local government for the people of the
new world. For this purpose, which is psychological rather than
legal, the present study may be adequate. The mission and the
presidio governments have been ignored because they are not essen-
tially civil governments.
ESTABLISHING A SPANISH PUEBLO8
Two methods of colonization were provided for. One was aris-
tocratic in its nature, providing for a. proprietor (poblador prin-
cipal), who was to receive a four league grant of land, with both
civil and criminal jurisdiction in the first instance for himself and
his heirs4 on condition that he establish a town of thirty families
on this land. His "capitulacion" with the king required that he
provide each of these thirty citizens with a house, ten breeding
cows, four oxen, one breeding mare, one breeding sow, twenty
breeding sheep of Castile, six hens and a rooster. He had also
espaioles ni Indios por los gastos que se causaren en la policia." The one
specific law relating to taxation for police purposes is appended to a law
whose title and content make no reference to local or to police affairs.
'Spanish terms are used in this paper because the corresponding English
terms have a wrong connotation. For instance, the term pueblo or mu-
nicipalidad is sometimes translated county, sometimes municipality. The
pueblo or municipalidad is the local unit of territory (like our county),
together with its government, which exercises all of the functions that
ordinarily belong to three different governing bodies in the United States,
the township, the county, and the municipality. In the United States a
municipality is a separate political entity within the county but not
under it, an "imperium in imperio," and this municipality may embrace
parts of two or three different townships. Such a thing is incompre-
hensible to the Latin-American mind. In those large cities of the United
States where the municipal boundaries have been made to coincide with
those of the county and the municipal and county governments have been
merged into one organization, we have a municipality of the Latin-Ameri-
can type, and this type originated with the Roman municipium.
'4:5:11, Felipe II. This form of citation, which will be used throughout
the paper, is translated: Recopilaci6n, libro 4, titulo 5, ley 11, Felipe II;
the name of the king or a date indicating the time of enactment of the law.
In subsequent citations two dates separated by a comma (1532, 1585)
indicate that the law was enacted twice; two dates connected by to (1532
to 1586) indicate that it was enacted more than twice, the two dates in
this case showing the time of the first and last enactment. No dates later
than the reign of Carlos II (1665-1700) have been found in the 1791 edi-
tion of the Recopilacidn.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/75/: accessed May 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.