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Alcalde

Alcalde (/ælˈkældi/; Spanish: [alˈkalde]) is the traditional Spanish municipal magistrate, who had both judicial and administrative functions. An alcalde was, in the absence of a corregidor, the presiding officer of the Castilian cabildo (the municipal council) and judge of first instance of a town. Alcaldes were elected annually, without the right to reelection for two or three years, by the regidores (council members) of the municipal council. The office of the alcalde was signified by a staff of office, which they were to take with them when doing their business.[1][2] A woman who holds the office is termed an Alcaldesa.

Mayan alcaldes from Guatemala, 1891

In New Spain (Mexico), alcaldes mayores were chief administrators in colonial-era administrative territories termed alcaldías mayores; in colonial-era Peru the units were called corregimientos.[3]

Alcalde was also a title given to Indian officials inside the Spanish missions, who performed a large variety of duties for the Franciscan missionaries.[4]

Medieval origins

The office of the alcalde evolved during the Reconquista as new lands were settled by the expanding kingdoms of León and Castile. As fortified settlements in the area between the Douro and Tagus rivers became true urban centers, they gained, from their feudal lords or the kings of Leon and Castile, the right to have councils. Among the rights that these councils had was to elect a municipal judge (iudex in Latin and juez in Spanish). These judges were assisted in their duties by various assistant judges, called alcaldes, whose number depended on the number of parishes the town had.[5] The title alcalde was borrowed from the Arabic al qaḍi (قاضي), meaning "the judge."[6]

The word alcalde originally was used for simple judges, as in Andalusian Arabic. Only later was it applied to the presiding municipal magistrate.[7] This early use continued to be reflected in its other uses, such as alcaldes del crimen, the judges in the audiencias; Alcaldes de la Casa y Corte de Su Majestad, who formed the highest tribunal in Castile and also managed the royal court; alcaldes mayores, a synonym for corregidor; and alcaldes de barrio, who were roughly the equivalent of British parish constables. Because of this, the municipal alcalde was often referred to as an alcalde ordinario.

The classic cabildo, fifteenth to nineteenth centuries

By the end of the fourteenth century the definite form of the Castilian municipal council, the ayuntamiento or cabildo, had been established. The council was limited to a maximum of twenty-four members (regidores), who may be appointed for life by the crown, hold the office as an inherited possession or be elected by the citizens (vecinos) of the municipality. (Many cabildos had a mix of these different types of regidores.) The number of magistrates, now definitely called alcaldes, was limited to one or two, depending on the size of the city and who were elected annually by the regidores. To ensure control over cabildos, the Castilian monarchs often appointed a corregidor, who took over the role of the presiding officer of the council. The cabildo was taken to the Americas and Philippines by the Spanish conquistadors. Towns and villages in the Americas with the right to a council (villas and lugares in the Recopilación de las Leyes de Indias, 1680) had one alcalde. Cities (ciudades) had two, which was the maximum number anywhere. Early in the conquest, adelantados had the right to appoint the alcaldes in the districts they settled, if they could attract the legally specified number of settlers to the area. This right could be inherited for one generation, after which the right of election returned to the municipal council.

Modern usage

In modern Spanish, the term alcalde is equivalent to a mayor, and is used to mean the local executive officer in municipalities throughout Spain and Latin America. For example, the title alcalde continued to be used in the Spanish-speaking American Commonwealth of Puerto Rico after the occupation of the island during the Spanish–American War in 1898. In the autonomous Spanish cities of Ceuta and Melilla, however, the alcaldes-presidentes have greater powers than their peninsular colleagues.

Because the United States incorporated parts of the former Viceroyalty of New Spain, the office had some influence in the local political and legal developments of those areas and is mentioned in judicial cases. This title continued to be in use in the Southwest United States after the Mexican–American War until a permanent political and judicial system could be established.[8] Alcaldes were notorious for their support for rule of law and opposition to vigilantes.[9] In nineteenth-century California, Stephen Johnson Field, later an associate justice of the U.S. Supreme Court, once served as the only alcalde of Marysville, California, a town established in 1850 during the Gold Rush by immigrants, who temporarily used the Spanish and Mexican form of municipal government. In Texas, the position of county judge was based on that of the alcalde which had existed in the state prior to the Texas Revolution. Like the alcaldes before them, county judges under the Texas Constitution wield both judicial and chief executive functions. Although in larger counties today the county judge usually functions solely as county chief executive, in smaller counties, the role of the county judge continues to have many of the combined judicial and administrative functions of the alcalde.

The city of Sonoma, California has a tradition to name an honorary title of Alcalde/Alcaldesa, to preside over ceremonial events of the city, with "mayor" being the official position of city governor.

In Belize, any rural community may appoint an alcalde. The alcalde serves both judicial and administrative functions and is paid a small stipend by the government. The alcalde is responsible for managing communal land, judging disputes, and determining punishment for petty crimes. This type of local government is most commonly used by Maya communities in southern Belize.[10]

See also

References

  1. ^ The Osuna Codex 2008-07-24 at the Wayback Machine depicts Viceroy Luís de Velasco granting the staffs of office to the alcaldes and alguaciles of the Mexica municipality of Mexico City.
  2. ^ For a contemporary recording of an alcalde receiving the staff of office from the ayuntaminto, see The Installation of the new Ayuntamiento of Figueres.
  3. ^ Mark A. Burkholder, "Alcalde Mayor" in Encyclopedia of Latin American History and Culture, vol. 1, p. 45. New York: Charles Scribner's Sons 1996.
  4. ^ Hackel, Steven (2005). "Social Control, Political Accommodation, and Indian Rebellion". Children of Coyote, Missionaries of Saint Francis: Indian-Spanish relations in colonial California, 1769-1850. UNC Press Books. ISBN 978-0807856543.
  5. ^ O'Callaghan, A History of Medieval Spain, 269-271.
  6. ^ The second L in alcalde evolved from the Castilian and Portuguese attempts at pronouncing the emphatic consonant ḍād. The old Portuguese cognate alcalde was never applied to the presiding municipal officer and retained its original meaning of "judge." "Alcalde" in Corominas, Diccionario crítico, Vol. A-CA (1), 127.
  7. ^ Corominas, "Alcalde", 127.
  8. ^ For example, it was in use in San Francisco, as evidenced by Surocco v. Geary, Supreme Court of California, 3 Cal. 69, 58 Am.Dec. 385, "Geary, at that time Alcalde of San Francisco..."
  9. ^ Colombia), Esquina Latina (Organización (29 March 1989). "El enmaletado". uv.mx. Retrieved 29 March 2018.
  10. ^ . Archived from the original on 2015-09-23. Retrieved 2015-11-15.

Sources

alcalde, other, uses, disambiguation, spanish, alˈkalde, traditional, spanish, municipal, magistrate, both, judicial, administrative, functions, alcalde, absence, corregidor, presiding, officer, castilian, cabildo, municipal, council, judge, first, instance, t. For other uses see Alcalde disambiguation Alcalde ae l ˈ k ae l d i Spanish alˈkalde is the traditional Spanish municipal magistrate who had both judicial and administrative functions An alcalde was in the absence of a corregidor the presiding officer of the Castilian cabildo the municipal council and judge of first instance of a town Alcaldes were elected annually without the right to reelection for two or three years by the regidores council members of the municipal council The office of the alcalde was signified by a staff of office which they were to take with them when doing their business 1 2 A woman who holds the office is termed an Alcaldesa Mayan alcaldes from Guatemala 1891 In New Spain Mexico alcaldes mayores were chief administrators in colonial era administrative territories termed alcaldias mayores in colonial era Peru the units were called corregimientos 3 Alcalde was also a title given to Indian officials inside the Spanish missions who performed a large variety of duties for the Franciscan missionaries 4 Contents 1 Medieval origins 2 The classic cabildo fifteenth to nineteenth centuries 3 Modern usage 4 See also 5 References 6 SourcesMedieval origins EditThe office of the alcalde evolved during the Reconquista as new lands were settled by the expanding kingdoms of Leon and Castile As fortified settlements in the area between the Douro and Tagus rivers became true urban centers they gained from their feudal lords or the kings of Leon and Castile the right to have councils Among the rights that these councils had was to elect a municipal judge iudex in Latin and juez in Spanish These judges were assisted in their duties by various assistant judges called alcaldes whose number depended on the number of parishes the town had 5 The title alcalde was borrowed from the Arabic al qaḍi قاضي meaning the judge 6 The word alcalde originally was used for simple judges as in Andalusian Arabic Only later was it applied to the presiding municipal magistrate 7 This early use continued to be reflected in its other uses such as alcaldes del crimen the judges in the audiencias Alcaldes de la Casa y Corte de Su Majestad who formed the highest tribunal in Castile and also managed the royal court alcaldes mayores a synonym for corregidor and alcaldes de barrio who were roughly the equivalent of British parish constables Because of this the municipal alcalde was often referred to as an alcalde ordinario The classic cabildo fifteenth to nineteenth centuries EditBy the end of the fourteenth century the definite form of the Castilian municipal council the ayuntamiento or cabildo had been established The council was limited to a maximum of twenty four members regidores who may be appointed for life by the crown hold the office as an inherited possession or be elected by the citizens vecinos of the municipality Many cabildos had a mix of these different types of regidores The number of magistrates now definitely called alcaldes was limited to one or two depending on the size of the city and who were elected annually by the regidores To ensure control over cabildos the Castilian monarchs often appointed a corregidor who took over the role of the presiding officer of the council The cabildo was taken to the Americas and Philippines by the Spanish conquistadors Towns and villages in the Americas with the right to a council villas and lugares in the Recopilacion de las Leyes de Indias 1680 had one alcalde Cities ciudades had two which was the maximum number anywhere Early in the conquest adelantados had the right to appoint the alcaldes in the districts they settled if they could attract the legally specified number of settlers to the area This right could be inherited for one generation after which the right of election returned to the municipal council Modern usage EditIn modern Spanish the term alcalde is equivalent to a mayor and is used to mean the local executive officer in municipalities throughout Spain and Latin America For example the title alcalde continued to be used in the Spanish speaking American Commonwealth of Puerto Rico after the occupation of the island during the Spanish American War in 1898 In the autonomous Spanish cities of Ceuta and Melilla however the alcaldes presidentes have greater powers than their peninsular colleagues Because the United States incorporated parts of the former Viceroyalty of New Spain the office had some influence in the local political and legal developments of those areas and is mentioned in judicial cases This title continued to be in use in the Southwest United States after the Mexican American War until a permanent political and judicial system could be established 8 Alcaldes were notorious for their support for rule of law and opposition to vigilantes 9 In nineteenth century California Stephen Johnson Field later an associate justice of the U S Supreme Court once served as the only alcalde of Marysville California a town established in 1850 during the Gold Rush by immigrants who temporarily used the Spanish and Mexican form of municipal government In Texas the position of county judge was based on that of the alcalde which had existed in the state prior to the Texas Revolution Like the alcaldes before them county judges under the Texas Constitution wield both judicial and chief executive functions Although in larger counties today the county judge usually functions solely as county chief executive in smaller counties the role of the county judge continues to have many of the combined judicial and administrative functions of the alcalde The city of Sonoma California has a tradition to name an honorary title of Alcalde Alcaldesa to preside over ceremonial events of the city with mayor being the official position of city governor In Belize any rural community may appoint an alcalde The alcalde serves both judicial and administrative functions and is paid a small stipend by the government The alcalde is responsible for managing communal land judging disputes and determining punishment for petty crimes This type of local government is most commonly used by Maya communities in southern Belize 10 See also EditAlcalde ordinario Presidente municipal Mayor Sargento mayor Corregidor Cabildo Regidor Sindico Ayuntamiento Teniente a guerra Corregimiento Santa HermandadReferences Edit The Osuna Codex Archived 2008 07 24 at the Wayback Machine depicts Viceroy Luis de Velasco granting the staffs of office to the alcaldes and alguaciles of the Mexica municipality of Mexico City For a contemporary recording of an alcalde receiving the staff of office from the ayuntaminto see The Installation of the new Ayuntamiento of Figueres Mark A Burkholder Alcalde Mayor in Encyclopedia of Latin American History and Culture vol 1 p 45 New York Charles Scribner s Sons 1996 Hackel Steven 2005 Social Control Political Accommodation and Indian Rebellion Children of Coyote Missionaries of Saint Francis Indian Spanish relations in colonial California 1769 1850 UNC Press Books ISBN 978 0807856543 O Callaghan A History of Medieval Spain 269 271 The second L in alcalde evolved from the Castilian and Portuguese attempts at pronouncing the emphatic consonant ḍad The old Portuguese cognate alcalde was never applied to the presiding municipal officer and retained its original meaning of judge Alcalde in Corominas Diccionario critico Vol A CA 1 127 Corominas Alcalde 127 For example it was in use in San Francisco as evidenced by Surocco v Geary Supreme Court of California 3 Cal 69 58 Am Dec 385 Geary at that time Alcalde of San Francisco Colombia Esquina Latina Organizacion 29 March 1989 El enmaletado uv mx Retrieved 29 March 2018 Government of Belize Local Government Archived from the original on 2015 09 23 Retrieved 2015 11 15 Sources Edit Look up alcalde in Wiktionary the free dictionary Alcalde from the Handbook of Texas Online Alcalde in the Diccionario de la Real Academia Espanola Corominas Joan and Jose A Pascual Diccionario critico etimologico castellano e hispanico 7 vols Madrid Editorial Gredos 1981 ISBN 84 249 1362 0 Haring C H The Spanish Empire in America New York Oxford University Press 1947 O Callaghan Joseph F A History of Medieval Spain Ithaca Cornell University Press 1975 ISBN 0 8014 0880 6 Retrieved from https en wikipedia org w index php title Alcalde amp oldid 1070308071, wikipedia, wiki, book, books, library,

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