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"Indigent parents are thus frequently under the painful necessity of abandoning and disowning their deceased children, to avoid the responsibility of burial expenses. To this end the corpse is sometimes deposited in some niche or corner of the church during the night; and upon being found in the morning, the priest is bound to inter it gratis, unless the parent can be discovered, in which case the latter would be liable to severe castigation, besides being bound to pay the expenses."
"Lieut. Bowman now desired us to broach the subject of peace and amity betwixt the Comanches and our people, and to invite them to visit the 'Capitan Grande' at Washington, and enter into a perpetual treaty to that effect; but they would not then converse on the subject. In fact, the interpreter inquired, "Are we not at war? — how can we go to see the Capitan Grande?" We knew they held themselves at war with Mexico and Texas, and probably had mistaken us for Texans, which had no doubt caused the interpreter to speak so emphatically of their immense numbers. Upon this we explained to them that the United States was a distinct government and at peace with the Comanches. As an earnest of our friendly disposition, we then produced some scarlet cloth, with a small quantity of vermilion, tobacco, beads, etc., which being distributed among them, they very soon settled down into a state of placidness and contentment. Indeed, it will be found, that, with wild Indians, presents are always the corner-stone of friendship. "We are rejoiced," at last said the elder chief with a ceremonious air, "our hearts are glad that you have arrived among us: it makes our eyes laugh to see Americans walk in our land. We will notify our old and young men — our boys and our maidens — our women and children,— that they may come to trade with you. We hope you will speak well of us to your people, that more of them may hunt the way to our country, for we like to trade with the white man." This was delivered in Comanche, but translated into Spanish by the interpreter, who, although a full Indian, had lived several years among the Mexicans and spoke that language tolerably well. Our 'big talk' lasted several hours, after which the Indians retired to sleep. The next morning, after renewing their protestations of friendship, they took their departure, the principal chief saying, "Tell the Capitan Grande that when he pleases to call us we are all ready to go to see him.""
"This was on the 7th of June. About noon, Lieut. Bowman and his command finally took leave of us, and at the same time we resumed our forward march. This separation was truly painful: not so much on account of the loss we were about to experience, in regard to the protection afforded us by the troops (which, to say the truth, was more needed now than it had ever been before), as for the necessity of parting with a friend... Ah! little did we think then that we should never see that gallant officer more! ...Although he arrived safely at Fort Gibson, in a few short weeks he fell a victim to disease. There were perhaps a few timid hearts that longed to return with the dragoons, and ever and anon a wistful glance would be cast back at the receding figures in the distance. The idea of a handful of thirty-four men having to travel without guide or protection through a dreary wilderness, peopled by thousands of savages who were just as likely to be hostile as friendly, was certainly very little calculated to produce agreeable impressions. Much to the credit of our men, however, the escort was no sooner out of sight than the timorous regained confidence, and all seemed bound together by stronger ties than before. All we feared were ambuscades or surprise; to guard against which, it was only necessary to redouble our vigilance."
"We succeeded in purchasing several mules which cost us between ten and twenty dollars worth of goods apiece. In Comanche trade the main trouble consists in fixing the price of the first animal. This being settled by the chiefs, it often happens that mule after mule is led up and the price received without further cavil. Each owner usually wants a general assortment; therefore the price must consist of several items, as a blanket, a looking-glass, an awl, a flint, a little tobacco, vermillion, beads, etc. ...The Santa Fe caravans have generally avoided every manner of trade with the wild Indians, for fear of being treacherously dealt with during the familiar intercourse which necessarily ensues. This I am convinced is an erroneous impression; for I have always found, that [natives] are much less hostile to those with whom they trade, than to any other people. They are emphatically fond of traffic, and, being anxious to encourage the whites to come among them, instead of committing depredations upon those with whom they trade, they are generally ready to defend them against every enemy."
"Although the term Pueblo in Spanish literally means the people, and their towns, it is here specifically applied to the Christianized Indians (as well as their villages)— to those aborigines whom the Spaniards not only subjected to their laws, but to an acknowledgment of the Romish faith, and upon whom they forced baptism and the cross in exchange for the vast possessions of which they robbed them. All that was left them was, to each Pueblo a league or two of land situated around their villages, the conquerors reserving to themselves at least ninety-nine hundredths of the whole domain as a requital for their generosity."
"At the time of the conquest they must have been a very powerful people — numbering near a hundred villages, as existing ruins would seem to indicate; but they are now reduced to about twenty, which are scattered in various parts of the territory."
"On the 20th of June we pitched our camp upon the north bank of the Canadian or Colorado, in latitude 350° 24' according to a meridian altitude of Saturn. On the following day, I left the caravan, accompanied by three Comancheros, and proceeded at a more rapid pace towards Santa Fé. This was rather a hazardous journey, inasmuch as we were still within the range of the Pawnee and Comanche war-parties, and my companions were men in whom I could not repose the slightest confidence, except for piloting; being fully convinced that in case of meeting with an enemy, they would either forsake or deliver me up, just as it might seem most conducive to their own interest and safety. All I had to depend upon were my fire-arms, which could hardly fail to produce an impression in my favor; for, thanks to Mr. Colt's invention, I carried thirty-six charges ready-loaded, which I could easily fire at the rate of a dozen per minute. I do not believe that any band of those timorous [natives] of the western prairies would venture to approach even a single man, under such circumstances. If, according to an old story of the frontier, an Indian supposed that a white man fired both with his tomahawk and scalping knife, to account for the execution done by a brace of pistols, thirty-six shots discharged in quick succession would certainly overawe them as being the effect of some great medicine."
"In giving directions, these people — in fact, the lower classes of Mexicans generally — are also in the habit of using very odd gesticulations, altogether peculiar to themselves. Instead of pointing with their hands and fingers, they generally employ the mouth, which is done by thrusting out the lips in the direction of the spot, or object, which the inquirer wishes to find out — accompanied by aqui or alli esta. This habit of substituting labial gestures for the usual mode of indicating, has grown from the use of the sarape, which keeps their hands and arms perpetually confined."
"When these regions were first discovered it appears that the inhabitants lived in comfortable houses and cultivated the soil, as they have continued to do up to the present time. Indeed, they are now considered the best horticulturists in the country, furnishing most of the fruits and a large portion of the vegetable supplies that are to be found in the markets. They were until very lately the only people in New Mexico who cultivated the grape. They also maintain at the present time considerable herds of cattle, horses, etc. They are, in short, a remarkably sober and industrious race, conspicuous for morality and honesty, and very little given to quarrelling or dissipation, except when they have had much familiar intercourse with the Hispano-Mexican population."
"On the 25th of June I arrived safely at Santa Fé,— but again rode back to meet the wagons, which did not reach the capital till the 4th of July. We did not encounter a very favorable reception from 'his majesty,' Gov. Armijo. He had just established his arbitrary impost of $500 per wagon, which bore rather heavily upon us; for we had an overstock of coarse articles which we had merely brought along for the purpose of increasing the strength of our company, by adding to the number of our wagons."
"In the winter of 1837-8, a worthy young American, named Daley, was murdered at the Gold Mines, by a couple of villains, solely for plunder. The assassins were arrested, when they confessed their guilt; but, in a short time, they were permitted to run at large again, in violation of every principle of justice or humanity. About this time they were once more apprehended, however, by the interposition of foreigners (Among the New Mexicans, the terms foreigner and American are synonymous: indeed, the few citizens of other nations to be found there identify themselves with those of the United States. All foreigners are known there as Americanos; but south of Chihuahua they are indiscriminately called Los Ingleses, the English): and, at the solicitation of the friends of the deceased, a memorial from the Americans in Santa Fé was presented to Armijo, representing the injustice of permitting the murderers of their countrymen to go unpunished; and praying that the culprits might be dealt with according to law. But the governor affected to consider the affair as a conspiracy; and, collecting his ragamuffin militia, attempted to intimidate the petitioners. The foreigners were now constrained to look to their defense, as they saw that no justice was to be expected. Had Armijo persisted, serious consequences might have ensued; but seeing the 'conspirators' firm, he sent an apology, affecting to have misconstrued their motives, and promising that the laws should be duly executed upon the murderers."
"But the governor's due execution 0f the laws consisted in retaining them a year or two in nominal imprisonment, when they were again set at liberty. Besides these, other foreigners have been murdered in New Mexico with equal impunity:—all which contrasts very strikingly with the manner our courts of justice have since dealt with those who killed Chavez (refer to p. 227-232), in 1843, on the Santa Fé road."
"In about ten days' drive we passed the southernmost settlements of New Mexico, and twenty or thirty miles further down the river we came to the ruins of Valverde [The precinct of Valverde, on the east bank of the Rio Grande, a few miles below Socorro, has now a population of three hundred. Although of considerable importance in the early nineteenth century, the town has never been rebuilt since Gregg's time. The site was, however, the rendezvous for Doniphan's troops (1846) preparatory to his march into Chihuahua. It was also the field for a battle in the War of Secession (1862), wherein the Texans won a victory over the Federal troops.—Book Editor]. This village was founded about twenty years ago, in one of the most fertile valleys of the Rio del Norte. It increased rapidly in population, until it was invaded by the Navajoes, when the inhabitants were obliged to abandon the place after considerable loss, and it has never since been repeopled. The bottoms of the valley, many of which are of rich alluvial loam, have lain fallow, ever since, and will perhaps continue to be neglected until the genius of civilization shall have spread its beneficent influences over the land. This soil is the more valuable for cultivation on account of the facilities for irrigation which the river affords; as it too frequently happens that the best lands of the settlements remain unfruitful for want of water."
"We succeeded in finding a place shallow enough to haul our empty wagons across: but for this good fortune we should have been under the necessity of taking them to pieces (as I had before done), and of ferrying them on the 'small craft' before mentioned. Half of a wagon may thus be crossed at a time, by carefully balancing it upon the canoe, yet there is of course no little danger of capsizing during the passage."
"This river even when fordable often occasions a great deal of trouble, being, like the Arkansas, embarrassed with many quicksand mires. In some places, if a wagon is permitted to stop in the river but for a moment, it sinks to the very body. Instances have occurred where it became necessary, not only to drag out the mules by the ears and to carry out the loading package by package, but to haul out the wagon piece by piece — wheel by wheel."
"One or two of the Mormon leaders who fell into the hands of the people, were treated to a clean suit of 'tar and feathers,' and otherwise severely punished. The 'Prophet Joseph,' however, was not then in the neighborhood. Having observed the storm clouds gathering apace in the frontier horizon, he very wisely remained in Ohio, whence he issued his naming mandates."
"The depredations of the Apaches have been of such long duration, that, beyond the immediate purlieus of the towns, the whole country from New Mexico to the borders of Durango is almost entirely depopulated. The haciendas and ranchos have been mostly abandoned, and the people chiefly confined to towns and cities."
"These occurrences took place in the month of October, 1833, and I reached Independence from Santa Fé while the excitement was raging at its highest. The Mormons had rallied some ten miles west of the town, where their strongest settlements were located. ...a skirmish actually took place shortly after, in which a respectable lawyer of Independence, who had been an active agent against the Mormons, was killed. In short, the whole country was in a state of dreadful fermentation."
"About fifteen years ago, the Navajoes were subjected by the energy of Col. Vizcarra, who succeeded in keeping them in submission for some time; but since that officer's departure from New Mexico, no man has been found of sufficient capacity to inspire this daring tribe either with respect or fear; so that for the last ten years they have ravaged the country with impunity, murdering and destroying just as the humor happened to prompt them. When the spring of the year approaches, terms of peace are generally proposed to the government at Santa Fé, which the latter never fails to accept. This amicable arrangement enables the wily Indians to sow their crops at leisure, and to dispose of the property stolen from the Mexicans during their marauding incursions, to advantage; but the close of their agricultural labors is generally followed by a renewal of hostilities, and the game of rapine and destruction is played over again."
"I come now to speak of the Apaches... They are supposed to number some fifteen thousand souls, although they are subdivided into various petty bands, and scattered over an immense tract of country. Those that are found east of the Rio del Norte are generally known as Mezcaleros, on account of an article of food much in use among them, called mezcal, but by far the greatest portion of the nation is located in the west, and is mostly known by the sobriquet of Coyoteros, in consequence, it is said, of their eating the coyote or prairie-wolf. The Apaches are perhaps more given to itinerant habits than any other tribe in Mexico. They never construct houses, but live in the ordinary wigwam, or tent of skins and blankets. They... depend almost entirely upon pillage for the support of their immense population, some two or three thousand of which are warriors."
"Now comes the profane version of the story... the name of Guadalupe was already familiar to the Spaniards, the Virgin Mary having, it is said, long before appeared in Spain, under the same title; on which occasion an order of monks, styled Frailes Guadalupanos, had been instituted. One of these worthy fathers who had been sent as a missionary to Mexico, finding the Indians rather stubborn and unyielding, conceived the plan of flattering their national vanity by fabricating a saint suited for the occasion. The Guadalupano had a poor friend who was an excellent painter, to whom he said, one day, "Take this tilma"— presenting him one of the coarsest and most slazy texture (a sort of manta de guangoche); "paste it upon canvass, and paint me thereon the handsomest effigy of Nuestra Senora de Guadalupe that your fancy can portray." When this was done according to order, and the tilma separated from the canvass, the picture appeared somewhat miraculous. ...As regards the miracle of the fresh flowers in December the profanos say, that there was nothing very wonderful about it, as flowers were known to bloom in the lowlands, and only a few leagues from the spot where the affair took place, at all seasons of the year; implying that these had been engrafted upon the rock for the occasion. There are some who go so far as to insinuate that the bishop and other ecclesiastics were privy to the whole affair..."
"The Mexicans, indeed, talk of a 'union of Church and State:' they should rather say a 'union of Church and Army;' for, as has already been shown, the civil authority is so nearly merged in the military and the ecclesiastical, that the government, if not a military hierarchy, is something so near akin that it is difficult to draw the distinction. As Mr. Mayer [Brantz Mayer (1809-79), a native of Baltimore, Maryland, was a historian and diplomat. In 1843, he was secretary of legation at Mexico. He was the author of several other works, both on Mexico and American history, and founder of the Maryland Historical Society.—Book Editor] very appropriately remarks, you are warned of the double dominion of the army and the church "by the constant sound of the drum and the bell, which ring in your ears from morn to midnight, and drown the sounds of industry and labor.""
"On one occasion, a party consisting of several chiefs and warriors of the Navajoes assembled at the Pueblo of Cochiti, by invitation of the government, to celebrate a treaty of peace; when the New Mexicans, exasperated no doubt by the remembrance of former outrages, fell upon them unawares and put them all to death. It is also related, that about the same period, three Indians from the northern mountains having been brought as prisoners into Taos, they were peremptorily demanded by the Jicarillas, who were their bitterest enemies; when the Mexican authorities, dreading the resentment of this tribe, quietly complied with the barbarous request, suffering the prisoners to be butchered in cold blood before their very eyes! No wonder, then, that the New Mexicans are so generally warred upon by their [native] neighbors."
"Towards the close of 1835, a volunteer corps, which most of the leading men in New Mexico joined, was raised for the purpose of carrying war into the territory of the Navajoes. The latter hearing of their approach... mustered a select band of their warriors, who went forth to intercept the invaders in a mountain pass, where they lay concealed in an ambuscade. The valiant corps, utterly unconscious of the reception that awaited them, soon came jogging along... when the war-whoop, loud and shrill, followed by several shots, threw them all into a state of speechless consternation. ...a terrific panic had seized everybody, and some minutes elapsed before they could recover their senses sufficiently to betake themselves to their heels. Two or three persons were killed in this ridiculous engagement, the most conspicuous of whom was a Capt. Hinófos, who commanded the regular troops."
"It would fill volumes to relate one-half of the wonderful miracles and extraordinary apparitions said to have occurred during and since the conquest of the Indian Pueblos and their conversion to the Romish faith. Their character may be inferred from the following national legend of La Maravillosa Aparicion de Nuestra Senora de Guadalupe — anglicé, the marvellous apparition of Our Lady of Guadalupe...that which has received most currency informs us, that, on the 9th of December, 1531, native called Juan Diego, while passing over the barren hill of Tepeyacac (about a league northward from the city of Mexico), in quest of medicinal herbs, had his attention suddenly arrested by the fragrance of flowers, and the sound of delightful music; and on looking up, he saw an angelic sort of figure directly before him. ...the apparition... ordered him to climb a naked rock hard by, and collect a bouquet of flowers which he would find growing there. ...the Virgin... throwing them into his tilma, commanded him to carry them to the bishop; saying, "When he sees these he will believe..." The humble messenger... sought the bishop's presence, and threw out the blooming credentials of his mission before him; when lo! to the astonishment of all, and to the entire conviction of his SeñorÃa ilustrÃsima, the perfect image of the apparition appeared imprinted on the inside of the tilma (This is a kind of mantle or loose covering worn by the Indians, which, in the present instance, was made of the coarse filaments of a species of maguey, and a little resembled the common coffee sacks. The painting, as it necessarily must be on such a material, is said to be coarse, and represents the Virgin covered with a blue robe bespangled with stars). The reverend Prelate now fully acknowledged the divinity of the picture, and... pronounced it the image of La verdadera VÃrgen [the true Virgin] and protectress of Mexico. A splendid chapel was soon after erected upon the spot designated in the mandate, in which the miraculous painting was deposited, where it is preserved to the present day. In the suburbs of every principal city in the republic, there is now a chapel specially dedicated to Nuestra Señora de Guadalupe, where coarse resemblances of the original picture are to be seen. Rough paintings of the same, of various dimensions, are also to be met with in nearly every dwelling, from the palace to the most miserable hovel. The image, with an adapted motto, has also been stamped upon medals, which are swung about the necks of the faithful (216,000 were struck at Birmingham in the year 1831, designed for the Mexican market. Similar medals are worn by nearly nine-tenths of the population of Northern Mexico. ...The motto, "Non fecit taliter omni nationi" She "hath not dealt so with any nation) which is found on the reverse of the medal)."
"Such is the imbecility of the local governments, that the [Apaches], in order to dispose of their stolen property without even a shadow of molestation, frequently enter into partial treaties of peace with one department, while they continue to wage a war of extermination against the neighboring states. This arrangement supplies them with an ever-ready market, for the disposal of their booty and the purchase of munitions wherewith to prosecute their work of destruction. In 1840, I witnessed the departure from Santa Fé of a large trading party freighted with engines of war and a great quantity of whiskey, intended for the Apaches in exchange for mules and other articles of plunder which they had stolen from the people of the south. This traffic was not only tolerated but openly encouraged by the civil authorities, as the highest public functionaries were interested in its success — the governor himself not excepted."
"As New Mexico is more remote from the usual haunts of the Apaches, and, in fact, as her scanty ranchos present a much less fruitful field for their operations than the abundant haciendas of the South, the depredations of this tribe have extended but little upon that province."
"On our passage this time across the 'prairie ocean' which lay before us, we ran no risk of getting bewildered or lost, for there was now a plain wagon trail across the entire stretch of our route, from the Cimarron to Arkansas river. This track, which has since remained permanent, was made in the year 1834. Owing to continuous rains during the passage of the caravan of that year, a plain trail was then cut in the softened turf, on the most direct route across this arid desert, leaving the Arkansas about twenty miles above the 'Caches.' This has ever since been the regular route of the caravans; and thus a recurrence of those distressing sufferings from thirst, so frequently experienced by early travelers in that inhospitable region, has been prevented."
"No people are more punctual in their attendance upon public worship, or more exact in the performance of the external rites of religion, than the New Mexicans. ...In nothing... is their observance of the outward forms of religion more remarkable than in their deportment every day towards the close of twilight, when the large bell of the Parroquia peals for la oration, or vespers [The Parroquia, or cathedral of Santa Fé stands upon the site of, and partially incorporates the early building of 1627. It is built of light brown stone, and flanked by two bell towers.—Book Editor]." All conversation is instantly suspended — all labor ceases — people of all classes, whether on foot or on horseback, make a sudden halt — even the laden porter, groaning under the weight of an insupportable burden, stops in the midst of his career and stands still. An almost breathless silence reigns throughout the town, disturbed only by the occasional sibilations of the devout multitude: all of which, accompanied by the slow heavy peals of a large sonorous bell, afford a scene truly solemn and appropriate. At the expiration of about two minutes the charm is suddenly broken by the clatter of livelier-toned bells; and a buenas tardes (good evening) to those present closes the ceremony: when presto, all is bustle and confusion again — the colloquial chit-chat is resumed — the smith plies upon his anvil with redoubled energy — the clink of the hammer simultaneously resounds in every direction — the wayfarers are again in motion,— both pleasure and business, in short, assume their respective sway."
"Early on the morning after the skirmish just referred to, a report reached Independence that the Mormons were marching in a body towards the town, with the intention of sacking and burning it. ...The note of alarm was sounded far and near, and armed men, eager for the fray, were rushing in from every quarter. Officers were summarily selected without deference to rank or station: the 'spirit-stirring drum' and the 'ear-piercing fife' made the air resound with music, and a little army of as brave and resolute a set of fellows as ever trod a field of battle, was, in a very short time, paraded through the streets. After a few preliminary exercises, they started for a certain point on the road where they intended to await the approach of the Mormons. The latter very soon made their appearance, but surprised at meeting with so formidable a reception, they never even attempted to pull a trigger, but at once surrendered at discretion. They were immediately disarmed, and subsequently released upon condition of their leaving the country without delay."
"Among the humbler classes, there are still more powerful causes calculated to produce irregularity of life; not the least of which is the enormous fee that must be paid to the curate for tying the matrimonial knot. This system of extortion is carried so far as to amount very frequently to absolute prohibition: for the means of the bridegroom are often insufficient for the exigency of the occasion; and the priests seldom consent to join people in wedlock until the money has been secured to them."
"As it now appeared that we had been forced at least two points north of the course we had originally intended to steer, by the northern bearing of the Canadian, we made an effort to cross a ridge of timber to the south, which, after considerable labor, proved successful. Here we found a multitude of gravelly, bright-flowing streams, with rich bottoms, lined all along with stately white oak, black-walnut, mulberry, and other similar growths, that yielded us excellent materials for wagon repairs, of which the route from Missouri, after passing Council Grove, is absolutely in want."
"It was very soon after this affair that the much talked of phenomenon of the meteoric shower (on the night of November 12th) occurred. This extraordinary visitation did not fail to produce its effects upon the superstitious minds of a few ignorant people, who began to wonder whether, after all, the Mormons might not be in the right; and whether this was not a sign sent from heaven as a remonstrance for the injustice they had been guilty of towards that chosen sect."
"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 Politico (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 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 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 and superiority of her more industrious neighbors."
"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."
"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... 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 war upon the [Native Americans]... foreign merchants ...were taxed twenty-five dollars each per month; while the native merchants... paid only from five to ten dollars each. Remonstrances were presented to the governor, but in vain. In his official 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..."
"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 formed with 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: 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, 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 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 offense 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 [unwillingly or willingly, willy-nilly, from will-he nil-he i.e., whether he will or whether he will not] the 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... 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. ...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 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..."
"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 with any other people. Nothing indeed can be left exposed or unguarded without great danger of its being immediately stolen. ...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."
"The impunity with which delinquencies of this description are every day committed is 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. 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."
"The love of gambling also deserves to be noticed as a distinguishing propensity of these people. ...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 senora 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 practiced 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."
"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 traveler in Mexico, 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, practiced 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 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 [cowboys], 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 maneuver, 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 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 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."
"It is the practice of the Apache chiefs, as I have understood, whenever a dispute arises betwixt their warriors relative to the ownership of any particular animal, to kill the brute at once, though it be the most valuable of the drove; and so check all further cavil."