The territorial jurisdiction of a municipality was usually ill-defined. Indeed, as a rule, in the days of settlement it extended in every direction until the claim of another city was encountered, and the terms "city" and "province," were, therefore, usually synonymous. As population grew denser new cities were founded which as municipalities were independent of the capital town, but they were not necessarily separated from the original province. The Cabildo of the capital of a province bore a peculiar relation to the royal governor, and often tried to exercise a control over the affairs of the whole province, deeming themselves his associates and the sharers of the functions he exercised, outside of its own boundaries, as well as within them. This assumption was favoured by the fact that no general body representing all the cities of a province existed, nor any constitutional machinery by which they could act in common.

Spanish-Americans have known only two forms of government, which have everywhere and always co-existed, though they seem inconsistent. First, there is an executive—the limits of his power ill-defined, and often imposing his will by force, in essence arbitrary and personal, and feared rather than respected by the people; secondly, the Cabildos and the modern deliberative bodies. Never really elective, these have nevertheless performed many of the functions of bodies truly representative; they have checked the arbitrary executives and furnished a basis for government by discussion. For centuries the communities looked to them for the conduct of ordinary local governmental affairs, and they survived all the storms of colonial and revolutionary times. On the other hand, their importance in the Spanish governmental scheme has been a most potent influence in preventing the growth of local representative government by elective assemblies and officials. Consequently, in national matters, freely elected and truly representative assemblies have been hard to obtain. Legislation has been controlled by the functionaries, and there has been no general and continuous participation in governmental affairs by the body of the people. Government by discussion and by the common-sense of the majority is difficult to establish among a people accustomed for centuries to seeing matters in the hands of officials whom they had no practical means of holding to responsibility. The people have rarely felt that the executive was their own officer. He was imposed on them from above, he was not amenable to them, and so far as they were concerned he ruled at his own risk. The Creoles were intensely democratic in feeling and hard to control, and when they could not tolerate an executive they turned him out by force, because no effective machinery existed by which they could turn him out peaceably.

Though the colonial governor was required to give an account of his administration at the close of his term, as a matter of fact he was an irresponsible and despotic satrap, who taxed, judged, and imprisoned people at his pleasure, restrained only by his traditional respect for the Cabildos and by the fear of exciting revolt. He commanded the armed forces, and his power was, in fact, rather military than civil in origin, method, and application. The Cabildos selected the ordinary judicial officers of first resort from among their own members' list, but their authority was not very effective outside the town itself. The vast plains between the settlements were largely governed patriarchally by the ranch owners and the popular and capable gauchos who grew into leaders.

A taste for town life soon became characteristic of the Spanish-Americans, and wherever able they crowded into the towns in preference to staying on their ranches. Wealth, intelligence, and political activity, therefore, came to be concentrated in a few foci. The system of granting immense tracts of land and dividing up the Indians as slaves among the proprietors would apparently have a tendency to produce a landed aristocracy. But the money profits in colonial days were small, and the great landowner lived in the same style as his poorer neighbour. Titles of nobility did not exist, and the constitution of society was decidedly democratic. From the very earliest times no love was lost between the Creoles and the newly arrived Spaniards. The governor was almost invariably a Spaniard, while the Cabildo and its officers were usually Creoles.


CHAPTER III

THE SEVENTEENTH CENTURY