Anahuac : or, Mexico and the Mexicans, Ancient and ModernTylor, Edward B. (Edward Burnett)
History
Anahuac : or, Mexico and the Mexicans, Ancient and Modern
Tylor, Edward B. (Edward Burnett)
Mexico -- Antiquities; Mexico -- Description and travel
For the last year or so all this had ceased, and there had scarcely
been an execution. It seems that one principal reason of this lenity is
that the government is too weak to support its judges; and that the
ministers of justice are actually intimidated by threats mysteriously
conveyed to witnesses and authorities, that, if such or such a criminal
is executed, his friends have sworn to avenge his death, and are on the
look-out, every man with his knife ready. To political offences the
same mercy is extended. In the early times of the war of independence,
and for years afterwards, when one leader caught an officer on the
other side, he had him tried by a drum-head court-martial, and shot.
Since then it has come to be better understood that civil war is waged
for the benefit of individuals who wish for their turn of power and
their pull at the public purse; and the successful leader spares his
opponent, not caring to establish a precedent which might prove so very
inconvenient to himself.
We were taken to see the garotte by the President, who took it out of
its little mahogany case, into which it was fitted like any other
surgical instrument. We noticed that it was rusty, and indeed it had
not been used for many months. It is not worth while to describe it.
Mexican law well administered is bad enough, not essentially unjust,
but hampered with endless quibbles and technicalities, quite justifying
the Spanish proverb, “_Mas vale una mala composición que un buen
pleito_,”—a bad compromise is better than a good lawsuit. As things
stand now, the law of any case is the least item in the account, there
are so many ways of working upon judges and witnesses. Bribery first
and foremost; and—if that fails—personal intimidation, political
influence, private friendship, and the _compadrazgo_. Naturally, if you
have a lawsuit or are tried for a crime, you should lay a good
foundation. This is done by working upon the _Juez de primera
instancia_, who corresponds in some degree to the _Juge d’instruction_
in France. This functionary is wretchedly paid, so that a small sum is
acceptable to him; and, moreover, the records of the case, as tried by
him, form the basis of all future litigation, so that it is very bad
economy not to get him into proper order. If you do not, it will cost
you three times as much afterwards. If your suit is with a soldier or a
priest, the ordinary tribunals will not help you. These two classes—the
most influential in the community—have their _fuero_, their special
jurisdiction; and woe to the unfortunate civilian who attacks them in
their own courts!
Public-domain text, read in full here on John Shaqi.
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