Gregg's Commerce of the Prairies, 1831-1839, part 2Gregg, Josiah
History
Gregg's Commerce of the Prairies, 1831-1839, part 2
Gregg, Josiah
Mexico -- Description and travel; Santa Fe National Historic Trail; Southwest, New -- Description and travel
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 [Pg029] 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.
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