[Pg032] 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 [Pg033] 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.