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