Title: Gregg's Commerce of the Prairies, 1831-1839, part 2
Author: Josiah Gregg
Editor: Reuben Gold Thwaites
Release date: November 17, 2013 [eBook #44205]
Most recently updated: October 23, 2024
Language: English
Credits: Produced by RichardW, Greg Bergquist and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
file was produced from images generously made available
by The Internet Archive/American Libraries.)
| Commerce of the Prairies; or, The Journal of a Santa Fé Trader, during Eight Expeditions across the Great Western Prairies, and a Residence of nearly Nine Years in Northern Mexico. (Part II: Chapters xii-xvi of Volume I, and all of Volume II of original.) Josiah Gregg. | |
| Author's Table of Contents | 13 |
| Text of Part II: | 21 |
| " Indian Alarm on the Cimarron River" | Frontispiece | |
| " Map of the Interior of Northern Mexico" | Facing | 21 |
| Medal of Nuestra Señora de Guadalupe de Mexico (text cut) | 40 | |
| "Camp Comanche" | 123 | |
| Mule emerging from a mine; Still Hunting (text cuts in original) | 181 | |
| "'Dog Town,' or Settlement of Prairie Dogs" | 279 | |
| Government of New Mexico — The Administration of Justice — Judicial Corruption — Prejudices against Americans — Partiality for the English — Anecdote of Governor Armijo and a Trapper — Outrage upon an American Physician — Violence suffered by the American Consul and others — Arbitrary Impositions upon Foreigners — Contribucion de Guerra — The Alcaldes and their System — The Fueros — Mode of punishing Delinquents and Criminals — Mexican System of Slavery — Thieves and Thieveries Outrage upon an American Merchant — Gambling and Gambling-houses — Game of Monte — Anecdote of a Lady of Fashion — Chuza — Cockpits — Correr el gallo — El Coleo — Fandangoes — Cigarritos, | 21 |
| Military Hierarchy of Mexico — Religious Superstitions — Legend of Nuestra Señora de Guadalupe — A profane Version of the Story — A curious Plan for manufacturing Water — Saints and Images — Processions — How to make it Rain — The Sacred Host — Fanaticism and Murder — Honors paid to a Bishop — Servility to Priests — Attendance at Public Worship — New Mexicans in Church — The Vesper Bells — Passion Week and the Ceremonies pertaining thereto — Ridiculous Penitencia — Whitewashing of Criminals — Matrimonial Connexions and Mode of Contracting them — Restrictions upon Lovers — Onerous Fees paid for Marriages and Burials — Anecdote of a Ranchero — Ditto of a Servant and of a Widow, illustrative of Priestly Extortion — Modes of Burial, and Burial Ground of the Heretics, | 37 |
| The Pueblos — Their Character for Sobriety, Honesty, and Industry — Traditional descent from Montezuma — Their Languages — Former and present Population — The Pueblo of Pecos — Singular Habits of that ill-fated Tribe — Curious Tradition — Montezuma and the Sun — Legend of a Serpent — Religion and government — Secret Council — Laws and Customs — Excellent Provisions against Demoralization — Primitive Pastimes of the Pueblos — Their Architecture — Singular Structures of Taos, and other novel Fortifications — Primitive state of the Arts among the Pueblos — Style of Dress, Weapons, etc. — Their Diet — The Guayave, | 54 |
| The wild Tribes of New Mexico — Speculative Theories — Clavigero and the Azteques — Pueblo Bonito and other Ruins — Probable Relationship between the Azteques and Tribes of New Mexico — The several Nations of this Province — Navajóes and Azteques — Manufactures of the former — Their Agriculture, Religion, etc. — Mexican Cruelty to the Indians and its Consequences — Inroads of the Navajóes — Exploits of a Mexican Army — How to make a Hole in a powder-keg — The Apaches and their character — Their Food — Novel Mode of settling Disputes — Range of their marauding Excursions — Indian Traffic and imbecile Treaties — Devastation of the Country — Chihuahua Rodomontades — Juan José, a celebrated Apache Chief, and his tragical End, etc. — Massacre of Americans in Retaliation — A tragical Episode — Proyecto de Guerra and a 'gallant' Display — The Yutas and their Hostilities — A personal Adventure with them, but no Bloodshed — The Jicarillas, | 67 |
| Incidents of a Return Trip from Santa Fé — Calibre of our Party — Return Caravans — Remittances — Death of Mr. Langham — Burial in the Desert — A sudden Attack — Confusion in the Camp — The Pawnees — A Wolfish Escort — Scarcity of Buffalo — Unprofitable Delusion — Arrival — Table of Camping Sites and Distances — Condition of the Town of Independence — The Mormons — Their Dishonesty and Immorality — Their high-handed Measures, and a Rising of the People — A fatal Skirmish — A chivalrous Parade of the Citizens — Expulsion of the Mormons — The Meteoric Shower, and Superstition, etc. — Wanderings and Improprieties of the 'Latter-day Saints' — Gov. Boggs' Recipe — The City of Nauvoo — Contemplated Retribution of the Mormons, | 87 |
| A Return to Prairie Life — Abandonment of the regular Route — The Start — A Suicide — Arrest of a Mulatto for Debt — Cherokee 'Bankrupt Law' — Chuly, the Creek Indian — The Muster and the Introduction — An 'Olla Podrida' — Adventure of a 'Down-Easter' — Arrival of U. S. Dragoons — Camp Holmes, and the Road — A Visit from a Party of Comanches — Tabba-quena, a noted Chief — His extraordinary Geographical Talent — Indians set out for the 'Capitan Grande,' and we through an unexplored Region — Rejoined by Tabba-quena and his 'suite' — Spring Valley — The Buffalo Fever — The Chase — A Green-horn Scamper — Prairie Fuel, | 99 |
| Travelling out of our Latitude — The Buffalo-gnat — A Kiawa and Squaw — Indian crim. con. Affair — Extraordinary Mark of confidence in the White Man — A Conflagration — An Espy Shower — Region of Gypsum — Our Latitude — A Lilliputian Forest — A Party of Comanches — A Visit to a 'Dog-Town' — Indian Archery — Arrival of Comanche Warriors — A 'Big Talk' and its Results — Speech of the Capitan Mayor — Project of bringing Comanche Chiefs to Washington — Return of Lieut. Bowman, and our March resumed — Melancholy Reflections — Another Indian Visit — Mexican Captives — Voluntary Captivity — A sprightly Mexican Lad — Purchase of a Captive — Comanche Trade and Etiquette — Indians least dangerous to such as trade with them, | 114 |
| Ponds and Buffalo Wallows — Valley of the Canadian, and romantic Freaks of Nature — Formation of Ravines — Melancholy Adventure of a Party of Traders in 1832 — Fears of our being lost — Arrival of a Party of Comancheros, and their wonderful Stories — Their Peculiarities and Traffic — Bitter Water, and the Salitre of New Mexico — Avant-couriers for Santa Fé — Patent Fire-arms and their Virtues — Ranchero Ideas of Distance, and their Mode of giving Directions — The Angostura, and erroneous Notions of the Texans — A new Route revealed — Solitary Travel — Supply of Provisions sent back — Arrival at Santa Fé — Gov. Armijo, etc. — A 'Flare-up' with His Excellency, | 132 |
| Preparations for a Start to Chihuahua — Ineptness of Married Men for the Santa Fé Trade — Annoying Custom-house Regulations — Mails in New Mexico — Insecurity of Correspondence — Outfit and Departure — Derecho de Consumo — Ruins of Valverde — 'Towns without Houses' — La Jornado del Muerto — Laguna and Ojo del Muerto — A Tradition of the Arrieros — Laborious Ferrying and Quagmires — Arrival at Paso del Norte — Amenity of the Valley — Sierra Blanca and Los Organos — Face of the Country — Seagrass — Médanos or Sand-hills — An accidental River — Carrizal — Ojo Caliente — Laguna de Encinillas — Southern Haciendas — Arrival — Character of the Route and Soil, | 145 |
| Trip from Chihuahua to Aguascalientes, in 1835 — Southern Trade and Ferias — Hacienda de la Zarca, and its innumerable Stock — Rio Nazas, and Lakes without outlet — Perennial Cotton — Exactions for Water and Pasturage — Village of Churches — City of Durango and its Peculiarities — Fruits, Pulque, etc. — Persecution of Scorpions — Negro-ship in the ascendant — Robbers and their modus operandi — City of Aguascalientes — Bathing Scene — Haste to return to the North — Mexican Mule-shoeing — Difficulties and Perplexities — A Friend in time of need — Reach Zacatecas — City Accommodations — Hotels unfashionable — Locale, Fortifications, etc., of the City of Zacatecas — Siege by Santa Anna and his easy-won Victory — At Durango again — Civil Warfare among the 'Sovereigns' — Hairbreadth 'scapes — Troubles of the Road — Safe Arrival at Chihuahua — Character of the Southern Country, | 162 |
| Visit to the Mining Town of Jesus-Maria — Critical Roads — Character of the Town — Losing Speculations — Mine of Santa Juliana — Curious mining Operations — Different Modes of working the Ore — The Crushing-mill, etc. — Barras de Plata — Value of Bullion — The Silver Trade — Return to Chihuahua — Resumption of the regular Narrative — Curious Wholesales — Money Table — Redundancy of Copper Coin — City of Chihuahua and its Peculiarities — Ecclesiastical Architecture — Hidalgo and his Monument — Public Works, and their present Declension — Fête in honor of Iturbide — Illiberality towards Americans — Shopping Mania — Anti-Masonic Auto de Fe, | 178 |
| Departure for Santa Fé — Straitened for Food — Summary Effort to procure Beef — Seizure of one of our Party — Altercation with a Rico — His pusillanimous Procedure — Great Preparations in Chihuahua for our Arrest — Arrival of Mexican Troops — A polite Officer — Myself with three of my Men summoned back to Chihuahua — Amiable Conduct of Señor Artalejo — Junta Departmental and Discussion of my Affair — Writ of Habeas Corpus not in vogue — The Matter adjusted and Passports granted — The Morale — Impunity of savage Depredations — Final Start — Company of Paseños with their Fruits and Liquors — Arrival at Santa Fé, | 193 |
| Preparations for returning Home — Breaking out of the Small-pox — The Start — Our Caravan — Manuel the Comanche — A new Route — The Prairie on Fire — Danger to be apprehended from these Conflagrations — A Comanche Buffalo-chase — A Skirmish with the Pawnees — An intrepid Mexican — The Wounded — Value of a thick Skull — Retreat of the Enemy and their Failure — A bleak Northwester — Loss of our Sheep — The Llano Estacado and Sources of Red River — The Canadian River — Cruelties upon Buffalo — Feats at 'Still Hunting' — Mr. Wethered's Adventure — Once more on our own Soil — The False Washita — Enter our former Trail — Character of the Country over which we had travelled — Arrival at Van Buren — The two Routes to Santa Fé — Some Advantages of that from Arkansas — Restlessness of Prairie Travellers in civilized Life, and Propensity for returning to the Wild Deserts, | 203 |
| Decline of Prices — Statistical Table — Chihuahua Trade — Its Extent — Different Ports through which Goods are introduced to that Market — Expedition between Chihuahua and Arkansas — The Drawback — The more recent Incidents of the Santa Fé Caravans — Adventures of 1843 — Robbery and Murder of Chavez — Expedition from Texas — Defeat of Gen. Armijo's Van-guard — His precipitate Retreat — Texan Grievances — Unfortunate Results of indiscriminate Revenge — Want of discipline among the Texans — Disarmed by Capt. Cook — Return of the Escort of U. S. Dragoons, and of the Texans — Demands of the Mexican Government — Closing of the Santa Fé Trade, | 221 |
| Extent of the Prairies — Mountains — Mesas or Table-lands — El Llano Estacado — Cañones — Their Annoyance to the early Caravans — Immense Gullies — Coal Mines and other Geological Products — Gypsum — Metallic Minerals — Salines — Capt. Boone's Exploration — 'Salt Plain' and 'Salt Rock' — Mr. Sibley's Visit — Saline Exudations — Unhabitableness of the high Prairies — Excellent Pasturage — Rich border Country sufficient for two States — Northern Texas — Rivers of the Prairies — Their Unfitness for Navigation — Timber — Cross Timbers — Encroachments of the Timber upon the Prairies — Fruits and Flowers — Salubrity of Climate, | 237 |
| The Mustang or Wild Horse — Capturing him by 'Creasing,' and with the Lazo — Horse-flesh — The Buffalo — Its Appearance — Excellence of its Meat — General Utility to the Indian and Traveller — Prospect of its Extinction — Hunting the Buffalo with Bow and Arrows, the Lance, etc. — 'Still-hunting' — The Buffalo ferocious only when wounded — Butchering, etc. — The Gray Wolf — Its Modes of killing Buffalo — Their great numbers — A 'Wolf scrape' — The Prairie Wolf, or 'Jackal of the Prairies' — The Elk, Deer and Bear — The Antelope — The Bighorn — The Prairie Dog — Owls and Rattlesnakes — The Horned Frog — Fowls — Bees, etc., | 259 |
| Indian Cosmogony — Traditions of Origin — Identity of Religious Notions — Adoration of the Sun — Shawnee Faith — Anecdote of Tecumseh — Legendary Traditions — Missionaries, and Success of the Catholics — The Indian's Heaven — Burial Customs — Ancient Accounts — Depositing the Dead on Scaffolds — Superstition and Witchcraft — Indian Philosophy — Polygamy and other Matrimonial Affairs — Abhorrence of Incest — Difference in Character — Indian Hospitality — Traits of the Ancient Asiatics — Names — Relationship of Different Tribes — Dreadful Decrease of the Indians, | 283 |
| Causes of Removal West — Annuities, etc. — Dissatisfaction of the Indians — Their Melioration by the Change — Superiority of their present Location — Lands granted to them — Improvements, Agriculture, etc. — Their Slaves — Manufactures — Style of Living, Dress, etc. — Literary Opportunities and Improvements — Choctaw Academy — Harpies and Frauds — Games — Systems of Government — Polygamy — Ancient Laws and Customs — Intemperance — Preventive Measures — A Choctaw Enactment — Marriage and Funeral Customs of the Choctaws — The Creeks — Their Summary Executions — Mourning — Indian Titles — The Northern Tribes — Census of the Frontier Nations, | 299 |
| System of Chiefs — Mode of Warfare — War-Council — The Scalp-dance — The Calumet or Pipe of Peace — Treaties — Public News-criers — Arms of the Indians — Bow and Arrows, etc. — Hunting — Dancing — Language of Signs — Telegraphs — Wigwams or Lodges — Pack-dogs — Costumes — Painting, Tattooing, etc. — Indian Dandies — Manufactures, and Dressing the Buffalo Rug — Indian Diet, Fasting, etc. — Primitive Thomsonians — Their domestic Animals, the Dog and the Horse — Wampum — Their Chronology, | 318 |
| Intermediate Tribes — Their Wigwams and their Hunting Excursions — Dress and Cut of their Hair — The Pawnees — The Osages — Their Roguery — Matrimonial Customs — Accomplished Mourners — Their Superstitions — The Indian Figure — The 'Pawnee Picts' — Wild Tribes — Census — The Comanches — Their Range — Their Sobriety — Their Chiefs, etc. — Female Chastity — Comanche Marriage — Costumes — Horsemanship — Comanche Warfare — Predatory Forays — Martial Ceremonies — Treatment of Captives — Burial and Religious Rites, | 336 |
| Containing such Spanish or Hispano-Mexican words as occur undefined in this work, or recur without definition after having been once translated | 353 |
Government of New Mexico — The Administration of Justice — Judicial Corruption — Prejudices against Americans — Partiality for the English — Anecdote of Governor Armijo and a Trapper — Outrage upon an American Physician — Violence suffered by the American Consul and others — Arbitrary Impositions upon Foreigners — Contribucion de Guerra — The Alcaldes and their System — The Fueros — Mode of punishing Delinquents and Criminals — Mexican System of Slavery — Thieves and Thieveries — Outrage upon an American Merchant — Gambling and Gambling-houses — Game of Monte — Anecdote of a Lady of Fashion — Chuza — Cockpits — Correr el gallo — El Coleo — Fandangoes — Cigarritos. toc
Prior to the adoption of the Sistema Central in the Mexican republic, the province of New Mexico was under a territorial government. The executive was called Gefe Político (political chief), and the Diputacion Provincial very inefficiently supplied the place of a legislature. Under the present system, however, New Mexico being a department, the names of these powers have been changed, but their functions remain very nearly the same. The Gobernador (governor) is appointed by the President for eight years. The legislative power is nominally vested in a Junta Departamental, a kind of state council, with very circumscribed {226} powers, somewhat analogous to, and certainly not more extensive than, those of a board of aldermen with us. But even this shadow of popular representation was 'prorogued' by Gov. Armijo soon after his accession to power (five or six years ago), and has never since been convened; so that [p022] its functions have been arbitrarily exercised by the governor ever since.
The administration of the laws in Northern Mexico constitutes one of the most painful features of her institutions. Justice, or rather judgments, are a common article of traffic; and the hapless litigant who has not the means to soften the claws of the alcalde with a 'silver unction,' is almost sure to get severely scratched in the contest, no matter what may be the justice of his cause, or the uprightness of his character. It is easy to perceive, then, that the poor and the humble stand no chance in a judicial contest with the wealthy and consequential, whose influence, even apart from their facilities for corrupting the court and suborning witnesses, is sufficient to neutralize any amount of plebeian testimony that might be brought against them.
The evil consequences arising from maladministration of justice in New Mexico are most severely felt by foreigners, against whom a strong prejudice prevails throughout the South. Of these, the citizens of the United States are by far the most constant sufferers; an inevitable result of that sinister feeling with which the 'rival republic' views the advancement {227} and superiority of her more industrious neighbors. It is a notorious fact, that while the English are universally treated with comparative consideration and respect, the Americans residing in the southern parts of the republic are frequently taunted with the effeminacy of their government and its want of decision. So openly has this preference for British subjects been manifested, and so thoroughly conscious have the Americans become of the humiliating fact, that when a mercantile firm, consisting of an American and an Englishman, has occasion to present a memorial of any description, or to sue either for an act of favor or of justice from the nation, the application is sure [p023] to be made in the name of the latter, knowing it will thus be more likely to command proper attention.
Few men, perhaps, have done more to jeopard the interests of American traders, or to bring the American character itself into contempt, than Armijo, the present arbitrary governor of New Mexico. I am happy to say, however, that in the midst of his many oppressions, he was once at least obliged to 'knock under' to one of those bold and daring spirits of the Rocky Mountains whom obstacles rather energize than subdue. This was about the year 1828, during Armijo's previous governorship. A law was then in existence which had been enacted by the general Congress prohibiting foreigners from trapping beaver in the Mexican territory, under penalty of confiscation, etc.; but as there were no native {228} trappers in New Mexico, Gov. Baca and his successor (Narbona) thought it expedient to extend licenses to foreigners, in the name of citizens, upon condition of their taking a certain proportion of Mexicans to learn the art of trapping. In pursuance of this disposition, Gov. Narbona extended a license to one Ewing Young, who was accompanied by a Mr. Sublette, brother of Capt. Wm. Sublette, and almost equally celebrated for his mountain adventures.[2] [p024] Previous to the return of this party from their trapping expedition, Armijo had succeeded Narbona in office, and they were informed that it was his intention to seize their furs. To prevent this, they deposited them at a neighboring village, where they were afterwards discovered, seized, and confiscated. The furs being damp, they were spread out in the sun before the Guardia, in Santa Fé, when Sublette, perceiving two packs of beaver which had been his own property, got by honest labor, instantly seized them and carried them away before the eyes of the whole garrison, and concealed both them and his own person in a house opposite. The entire military force was immediately put in requisition, and a general search made for the offender and his prize; but in vain: indeed, if the truth must be spoken, the troops seemed to have as little desire to find Sublette as the latter had of being found; for his character was too well known to leave any room for hope that his capture could be effected without a great deal {229} of trouble. In the meanwhile, Armijo raved, and threatened the Americans for not ferreting out their countryman and delivering him over to justice. Failing to produce any impression by blustering, however, he caused a couple of cannons to be pointed at the house where the offender was supposed to be concealed, declaring at the same time that he would batter it down; but all to no purpose. Mr. Sublette finally conveyed his furs in safety to the frontier, and thence to the United States. [p025]
The following anecdote affords another illustration of Armijo's summary mode of dealing with Americans. In the fall of 1840, a gross outrage was committed upon a physician from Massachusetts (said to be a gentleman of unexceptionable deportment), who was travelling through the country for his health. He had loaned nine hundred dollars to a person of the name of Tayon, who afterwards borrowed the same amount of another foreigner and repaid this debt. The doctor then left for the South, where he intended to pass the winter, being afflicted with a pulmonary disease. But the individual who had lent Tayon the money, being informed that he was insolvent, applied to Gov. Armijo for an order to compel the doctor to return, expecting thereby to make him reimburse the money. The order overtook him at the village of Algodones,[3] near forty miles from Santa Fé, where he was at once arrested by the alcalde, and detained some time, ignorant even of the offence for which he was doing penance. {230} In the meantime, the American Consul at Santa Fé, having been informed of what had taken place, procured a counter-order from the governor for the release of the prisoner. When the alcalde of Algodones received this document, he determined at once that so extraordinary an act of justice should cost the foreigner some trifle. Accordingly, another order was forged on the spot, commanding that he should be taken to the capital—yet a 'gentle hint' was given, that his liberty might be purchased by the payment of two hundred dollars. Being in a land of strangers, among whom he had but little hope of receiving fair play, the doctor resolved to pay the amount demanded, and fly to Chihuahua, where he would at least be safe from Armijo's clutches. Having been informed, however, of the fraud [p026] practised by the alcalde, before he had proceeded far on his journey, he returned and made an attempt to bring the delinquent officer to justice, but altogether without success.
But perhaps the most glaring outrages upon American citizens were committed in 1841, upon the occasion of the capture of the Texan Santa Fé Expedition. In Taos, a poor deaf and dumb U. S. creole Frenchman was beaten to death in open day. In San Miguel, the alcalde, at the head of a mob, entered the store of a Mr. Rowland, whom he robbed of a considerable amount of merchandise.[4] At the same time, the greatest excitement raged in Santa Fé against Americans, whose lives appeared in imminent danger; and a most {231} savage attack was made upon our excellent Consul, Manuel Alvarez, Esq., who had always taken an active interest in the welfare of American citizens.[5]
A few minutes after the governor had departed for San Miguel, to encounter the Texans, a fellow named Martin, his nephew and confidential agent, aided by a band of ferocious sans culottes, and armed with a large knife, secretly entered the house of the Consul, who perceived him in time, however, to avert the blow; yet he received a severe wound in the face during the scuffle that ensued: the rabble running in at the same time, and vociferating, "Sáquenlo ajuera! mátenlo!"—Drag him out! kill him! Mr. Alvarez doubtless [p027] owed his preservation partially to the consternation with which the failure of their clandestine attempt at his life inspired the cowardly ruffians. Instead of being punished for this diabolical act, the principal assassin, on the contrary, was soon after promoted in the army.
The outrage did not end here, however; for on the Consul's demanding his passport for the United States, it was refused for nearly a month; thus detaining him until the cold season had so far advanced, that, of his party (about fifteen in number), two perished from the cold; and not one arrived without being more or less frost-bitten—some very severely—besides suffering a loss of about fifty animals from the same cause.
Although these and other daring outrages have been duly represented to our Government, {232} it does not appear that any measures of redress have yet been taken.
With a view of oppressing our merchants, Gov. Armijo had, as early as 1839, issued a decree exempting all the natives from the tax imposed on store-houses, shops, etc., throwing the whole burden of impost upon foreigners and naturalized citizens; a measure clearly and unequivocally at variance with the treaties and stipulations entered into between the United States and Mexico. A protest was presented without effect; when our Consul, finding all remonstrances useless, forwarded a memorial to the American Minister at Mexico,[6] who, although the vital interests of American citizens were at stake, deemed the affair of too little importance, perhaps, and therefore appears to have paid no attention to it. But this system of levying excessive taxes upon foreigners, is by no means an original invention of Gov. Armijo. In 1835, the government of Chihuahua having levied a contribucion de guerra for raising means to make [p028] war upon the savages, who were laying waste the surrounding country, foreign merchants, with an equal disregard for their rights and the obligations of treaties, were taxed twenty-five dollars each per month; while the native merchants, many of whom possessed large haciendas, with thousands of stock, for the especial protection of which these taxes were chiefly imposed, paid only from five to ten dollars each. Remonstrances were presented to the governor, but in vain. In his official {233} reply, that functionary declared, "que el gobierno cree arreglado el reparto de sus respectivas contribuciones,"—the government believes your respective contributions in accordance with justice—which concluded the correspondence, and the Americans paid their twenty-five dollars per month.
The only tribunals of 'justice' in New Mexico are those of the ordinary alcaldes or justices of the peace; and an appeal from them is carried to the Supreme Court in the department of Chihuahua. The course of litigation is exceedingly simple and summary. The plaintiff makes his verbal complaint or demand before the alcalde, who orders him to summon the defendant, which is done by simply saying, "Le llama el alcalde" (the alcalde calls you) into his presence, the applicant acting thus in the double capacity of constable and complainant. The summons is always verbal, and rarely for a future time—instant attendance being expected. Should the defendant refuse to obey this simple mandate (which, by the bye, is a very rare occurrence), the alcalde sends his baston de justicia, his staff of justice, an ordinary walking-cane, distinguished only by a peculiar black silk tassel. This never fails to enforce compliance, for a refusal to attend after being shown the staff, would be construed into a contempt of court, and punished accordingly. The witnesses are sometimes sworn upon a cross cut on the baston de justicia, or more frequently, perhaps, upon a cross [p029] formed with {234} the finger and thumb. Generally speaking, however, the process of examination is gone through without a single oath being administered; and in the absence of witnesses, the alcalde often proceeds to sentence upon the simple statements of the contending parties. By a species of mutual agreement, the issue of a suit is sometimes referred to hombres buenos (arbitrators), which is the nearest approximation that is made to trial by jury. In judicial proceedings, however, but little, or rather no attention is paid to any code of laws; in fact, there is scarcely one alcalde in a dozen who knows what a law is, or who ever saw a law-book. Their decisions, when not influenced by corrupt agencies, are controlled by the prevailing customs of the country.
In the administration of justice, there are three distinct and privileged jurisdictions, known as fueros:[7] the eclesiástico, which provides that no member of the clergy, at least of the rank of curate and upwards, shall ever be arraigned before a civil tribunal, but shall be tried by their superiors in the order; the militar, which makes a similar provision in favor not only of commissioned officers, but of every common soldier from the ranks; and the civil or ordinary courts, for all cases in which the defendants are laymen. These fueros have hitherto maintained the ecclesiastical and military classes in perfect independence of the civil authorities. The civil, in fact, remains in some degree subordinate to the other two fueros; for it can, under no circumstances, {235} have any jurisdiction whatever over them; while the lay plaintiff, in the privileged tribunals of these, may, if unsuccessful, have judgment entered up against him: a consequence that can never follow the suits of the ecclesiastical or military orders before the civil tribunals. The judgments of the latter, in [p030] such cases, would be void. It is no wonder, then, that the cause of freedom in Mexico has made so little progress.
Imprisonment is almost the only sort of punishment resorted to in the North. For debt, petit larceny, highway robbery, and murder, the usual sentence is "A la cárcel" (to jail), where a person is likely to remain about as long for inability to pay dos reales, as for the worst of crimes: always provided he has not the means to pacify the offended majesty of the law. I never heard of but one execution for murder in New Mexico, since the declaration of independence. The most desperate and blood-stained criminals escape with impunity, after a few weeks of incarceration, unless the prosecutor happens to be a person of great influence; in which case, the prisoner is detained in the calabozo at will, even when the offence committed has been of a trivial character. Notwithstanding this laxity in the execution of the laws, there are few murders of any kind committed.
In case of debt, as before remarked, the delinquent is sent to jail—provided the creditor will not accept his services. If he will, however, the debtor becomes nolens volens the {236} servant of the creditor till the debt is satisfied; and, serving, as he does, at very reduced wages, his expenses for clothing, and other necessaries, but too often retain him in perpetual servitude. This system does not operate, however, upon the higher classes, yet it acts with terrible severity upon the unfortunate poor, whose condition is but little better, if not worse indeed than that of the slaves of the South. They labor for fixed wages, it is true; but all they can earn is hardly sufficient to keep them in the coarsest clothing and pay their contingent expenses. Men's wages range from two to five dollars a month, and those of women from fifty cents to two dollars; in payment of which, they rarely receive any money; but instead thereof, articles of apparel and other necessaries at the most exorbitant prices. The consequence is that the [p031] servant soon accumulates a debt which he is unable to pay—his wages being often engaged for a year or two in advance. Now, according to the usages, if not the laws of the country, he is bound to serve his master until all arrearages are liquidated; and is only enabled to effect an exchange of masters, by engaging another to pay his debt, to whom he becomes in like manner bound.
As I have already remarked, capital crimes and highway robberies are of comparatively rare occurrence in the North, but in smaller delinquencies, such as pilfering and petty rogueries of every shade and description, the common classes can very successfully compete {237} with any other people. Nothing indeed can be left exposed or unguarded without great danger of its being immediately stolen. No husbandman would think of leaving his axe or his hoe, or anything else of the slightest value, lying out over night. Empty wagons are often pillaged of every movable piece of iron, and even the wheels have been carried away. Pieces of merchandise are frequently purloined from the shelves, when they happen to be in reach. In Chihuahua, goods have actually been snatched from the counter while being exposed to the inspection of a pretended purchaser. I once had a trick of this kind played upon me by a couple of boys, who made their escape through a crowd of spectators with their booty exposed. In vain I cried "Agarren á los ladrones!" (catch the thieves!) not a single individual moved to apprehend them. I then proffered the goods stolen, to any person who might succeed in bringing the rogues to me, but to no purpose. In fact there seems to exist a great deal of repugnance, even among the better classes, to apprehending thieves; as if the mere act of informing against them was considered dishonorable. I heard a very respectable caballero once remark that he had seen a man purloin certain articles of merchandise, but he could not be induced to give [p032] up his name; observing, "O, I can't think of exposing the poor fellow!"
The impunity with which delinquencies of this description are every day committed is {238} perhaps in some degree, the consequence of those severe enactments, such as the Leyes de las Indias (the laws of the Indies), which rendered many thefts and robberies punishable with death.[8] The magistracy contracted the habit of frequently winking at crime, rather than resort to the barbarous expedients prescribed by the letter of the law. The utmost that can be gained now by public prosecution, is the recovery of the stolen property, if that be anywhere to be found, and occasionally a short period of imprisonment for the culprit. This is more particularly the case when the prosecutor happens to be a foreigner; while on the other hand, if he be the party accused, he is likely to be subjected to very severe treatment. A remarkable circumstance of this kind occurred in Chihuahua in the year 1835. One of our most respectable Missouri merchants had bought a mule of a stranger, but the animal was soon after claimed by a third person, who proved that it had been stolen from him. The Missourian would have been perfectly satisfied to lose the mule, and end the matter there; but to the surprise of all, he was directly summoned before an alcalde, and forthwith sentenced to jail: the partial judge having labored to fix the theft upon the innocent purchaser, while the real culprit, who was a native, was permitted to go at large.
The love of gambling also deserves to be noticed as a distinguishing propensity of these people. Indeed it may well be said, without any undue stretch of imagination, that [p033] shop-lifting, {239} pocket-picking, and other elegant pastimes of the same kindred, are the legitimate offspring, especially among the lower classes, of that passion for gaming, which in Mexico more than anywhere else—to use Madame Calderon's language [9] —"is impregnated with the constitution—in man, woman, and child." It prevails in the lowly hut, as well as in the glittering saloon; nor is the sanctity of the gown nor the dignity of station sufficient proof against the fascinations of this exciting vice. No one considers it a degradation to be seen frequenting a monte bank: the governor himself and his lady, the grave magistrate and the priestly dignity, the gay caballero and the titled señora may all be seen staking their doubloons upon the turn of a card; while the humbler ranchero, the hired domestic and the ragged pauper, all press with equal avidity to test their fortune at the same shrine. There are other games at cards practised among these people, depending more upon skill; but that of el monte, being one exclusively of chance, seems to possess an all-absorbing attraction, difficult to be conceived by the uninitiated spectator.
The following will not only serve to show the light in which gambling is held by all classes of society, but to illustrate the purifying effects of wealth upon character. Some twelve or fifteen years ago there lived (or rather roamed) in Taos a certain female of very loose habits, known as La Tules. Finding it difficult to obtain the means of living in that {240} district, she finally extended her wanderings to the capital. She there became a constant attendant on one of those pandemoniums where the favorite game of monte was dealt pro bono publico. Fortune, at first, did not seem inclined [p034] to smile upon her efforts, and for some years she spent her days in lowliness and misery. At last her luck turned, as gamblers would say, and on one occasion she left the bank with a spoil of several hundred dollars! This enabled her to open a bank of her own, and being favored by a continuous run of good fortune, she gradually rose higher and higher in the scale of affluence, until she found herself in possession of a very handsome fortune. In 1843, she sent to the United States some ten thousand dollars to be invested in goods. She still continues her favorite 'amusement,' being now considered the most expert 'monte dealer' in all Santa Fé. She is openly received in the first circles of society: I doubt, in truth, whether there is to be found in the city a lady of more fashionable reputation than this same Tules, now known as Señora Doña Gertrudes Barceló.
Among the multitude of games which seem to constitute the real business of life in New Mexico, that of chuza evidently presents the most attractions to ladies; and they generally lay very heavy wagers upon the result. It is played with little balls, and bears some faint resemblance to what is called roulette. Bull-baiting and cock-fighting, about which so much has been said by every traveller in Mexico, {241} are also very popular 'amusements' in the North, and generally lead to the same excesses and the same results as gaming. The cock-pit rarely fails to be crowded on Sundays and other feast days; on which occasions the church, the ball-room, the gambling-house, and the cock-pit look like so many opposition establishments; for nothing is more common than to see people going from one place to another by alternate fits, just as devotional feeling or love of pleasure happens to prompt them.
One of the most attractive sports of the rancheros and the peasantry, and that which, more than any other, calls for the exercise of skill and dexterity, is that called correr el gallo, [p035] practised generally on St. John's day. A common cock or hen is tied by the feet to some swinging limb of a tree, so as to be barely within the reach of a man on horseback: or the fowl is buried alive in a small pit in the ground leaving only the head above the surface. In either case, the racers, passing at full speed, grapple the head of the fowl, which being well greased, generally slips out of their fingers. As soon as some one, more dextrous than the rest, has succeeded in tearing it loose, he claps spurs to his steed, and endeavors to escape with the prize. He is hotly pursued, however, by the whole sporting crew, and the first who overtakes him tries to get possession of the fowl, when a strife ensues, during which the poor chicken is torn into atoms. Should the holder of the trophy be able to outstrip his pursuers, he carries {242} it to a crowd of fair spectators and presents it to his mistress, who takes it to the fandango which usually follows, as a testimony of the prowess of her lover.
Among the vaqueros, and even among persons of distinction, el coleo (tailing) is a much nobler exercise than the preceding, and is also generally reserved for days of festivity. For this sport the most untractable ox or bull is turned loose upon a level common, when all the parties who propose to join in the amusement, being already mounted, start off in pursuit of him. The most successful rider, as soon as he gets near enough to the bull, seizes him by the tail, and with a sudden manœuvre, whirls him topsy-turvy upon the plain—to the no little risk of breaking his own neck, should his horse stumble or be tripped by the legs of the falling bull.
Respecting fandangos, I will observe that this term, as it is used in New Mexico, is never applied to any particular dance, but is the usual designation for those ordinary assemblies where dancing and frolicking are carried on; baile (or ball) being generally applied to those of a higher grade. The former especially are very frequent; for nothing is more [p036] general, throughout the country, and with all classes than dancing. From the gravest priest to the buffoon—from the richest nabob to the beggar—from the governor to the ranchero—from the soberest matron to the flippant belle—from the grandest señora to the cocinera—all partake of this exhilarating {243} amusement. To judge from the quantity of tuned instruments which salute the ear almost every night in the week, one would suppose that a perpetual carnival prevailed everywhere. The musical instruments used at the bailes and fandangos are usually the fiddle and bandolin, or guitarra, accompanied in some villages by the tombé or little Indian drum. The musicians occasionally acquire considerable proficiency in the use of these instruments. But what most oddly greets, and really outrages most Protestant ears, is the accompaniment of divine service with the very same instruments, and often with the same tunes.
Of all the petty vices practised by the New Mexicans, the vicio inocente of smoking among ladies, is the most intolerable; and yet it is a habit of which the loveliest and the most refined equally partake. The puro or cigarro[10] is seen in the mouths of all: it is handed round in the parlor, and introduced at the dinner table—even in the ball-room it is presented to ladies as regularly as any {244} other species of 'refreshment;' and in the dance the señorita may often be seen whirling round with a lighted cigarrito in her mouth. The belles of the Southern cities are very frequently furnished [p037] with tenazitas de oro (little golden tongs), to hold the cigar with, so as to prevent their delicate fingers from being polluted either with the stain or scent of tobacco; forgetting at the same time its disagreeable effects upon the lips and breath.
Notwithstanding their numerous vices, however, I should do the New Mexicans the justice to say that they are but little addicted to inebriety and its attendant dissipations. Yet this doubtlessly results to a considerable degree from the dearness of spirituous liquors, which virtually places them beyond the reach of the lower classes.