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Alcalde

For other uses, seeAlcalde (disambiguation).

Alcalde (/ælˈkældi/;Spanish:[alˈkalðe]) is the traditional Spanish municipalmagistrate, who had bothjudicial andadministrative functions. Analcalde was, in the absence of acorregidor, the presiding officer of theCastiliancabildo (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 theregidores (council members) of the municipal council. The office of thealcalde was signified by astaff of office, which they were to take with them when doing their business.[1][2] A woman who holds the office is termed analcaldesa.

Two sitting men and one standing man. All wear a haedscarf and a hat and a stick in their hands.
Mayanalcaldes from Guatemala, 1891

InNew Spain (Mexico),alcaldes mayores were chief administrators in colonial-era administrative territories termedalcaldías mayores; in colonial-era Peru the units were calledcorregimientos.[3]

Alcalde was also a title given toIndigenous (Native American) leaders inside the Spanish missions, who performed a large variety of duties for the Franciscan missionaries.[4]

Medieval origins

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The office of thealcalde evolved during theReconquista as new lands were settled by the expanding kingdoms ofLeón andCastile. As fortified settlements in the area between theDouro andTagus rivers became true urban centers, they gained, from theirfeudal 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 inLatin andjuez in Spanish). These judges were assisted in their duties by various assistant judges, calledalcaldes, whose number depended on the number of parishes the town had.[5] The titlealcalde wasborrowed from the Arabicalqaḍi (قاضي), meaning "the judge."[6]

The wordalcalde originally was used for simple judges, as inAndalusian Arabic. Only later was it applied to the presiding municipal magistrate.[7] This early use continued to be reflected in its other uses, such asalcaldes del crimen, the judges in theaudiencias;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 forcorregidor; andalcaldes de barrio, who were roughly the equivalent of Britishparish constables. Because of this, the municipalalcalde was often referred to as analcalde ordinario.

The classiccabildo, fifteenth to nineteenth centuries

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By the end of the fourteenth century the definite form of the Castilian municipal council, theayuntamiento orcabildo, 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. (Manycabildos had a mix of these different types ofregidores.) The number of magistrates, now definitely calledalcaldes, was limited to one or two, depending on the size of the city and who were elected annually by theregidores. To ensure control overcabildos, the Castilian monarchs often appointed acorregidor, who took over the role of the presiding officer of the council. Thecabildo was taken to the Americas and Philippines by the Spanishconquistadors. Towns and villages in the Americas with the right to a council (villas andlugares in theRecopilación de lasLeyes de Indias, 1680) had onealcalde. Cities (ciudades) had two, which was the maximum number anywhere. Early in the conquest,adelantados had the right to appoint thealcaldes 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

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In modern Spanish, the termalcalde is equivalent to amayor, and is used to mean the local executive officer inmunicipalities throughout Spain and Latin America. For example, the titlealcalde continued to be used in the Spanish-speaking American Commonwealth ofPuerto Rico after the occupation of the island during theSpanish–American War in 1898. In the autonomous Spanish cities ofCeuta andMelilla, however, thealcaldes-presidentes have greater powers than their peninsular colleagues.

Because theUnited States incorporated parts of the formerViceroyalty 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 theMexican–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 theU.S. Supreme Court, once served as the onlyalcalde ofMarysville, California, a town established in 1850 during theGold Rush by immigrants, who temporarily used the Spanish and Mexican form of municipal government. In Texas, the position ofcounty judge was based on that of thealcalde which had existed in the state prior to theTexas Revolution. Like thealcaldes 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 thealcalde.

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

InBelize, 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

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References

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  1. ^TheOsuna CodexArchived 2008-07-24 at theWayback Machine depicts ViceroyLuís de Velasco granting the staffs of office to thealcaldes andalguaciles of the Mexica municipality of Mexico City.
  2. ^For a contemporary recording of analcalde receiving the staff of office from theayuntaminto, seeThe Installation of the newAyuntamiento of Figueres.
  3. ^Mark A. Burkholder, "Alcalde Mayor" inEncyclopedia 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 inalcalde evolved from theCastilian andPortuguese attempts at pronouncing theemphatic consonantḍād. The old Portuguesecognatealcalde 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 inSan Francisco, as evidenced bySurocco 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. Retrieved29 March 2018.
  10. ^"Government of Belize - Local Government". Archived fromthe original on 2015-09-23. Retrieved2015-11-15.

Sources

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Look upalcalde in Wiktionary, the free dictionary.

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