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.
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p.145Josiah Gregg
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.
Josiah Gregg
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.
Josiah Gregg
So little apprehension appeared to exist, that, in February, 1843, Don Antonio José Chavez, of New Mexico, left Santa Fé for Independence, with but five servants, two wagons, and fifty-five mules. He had with him some ten or twelve thousand dollars in specie and gold bullion, besides a small lot of furs. ...about the tenth of April, ...he found himself near the Little Arkansas; at least a hundred miles within the territory of the United States. He was there met by fifteen men from the border of Missouri, professing to be Texan troops, under the command of one John McDaniel. This party had been collected, for the most part, on the frontier, by their leader, who was recently from Texas, from which government he professed to hold a captain's commission. They started, no doubt, with the intention of joining one Col. Warfield (also said to hold a Texan commission), who had been upon the Plains near the Mountains, with a small party, for several months — with the avowed intention of attacking the Mexican traders. Upon meeting Chavez, however, the party of McDaniel at once determined to make sure of the prize he was possessed of, rather than take their chances of a similar booty beyond the U. S. boundary. ...Lots were accordingly cast to determine which four of the party should be the cruel executioners; and their wretched victim was taken off a few rods and shot down in cold blood. ...five of the whole number (including three of the party that killed the man) effected their escape, but the other ten were arrested, committed, and sent to St. Louis for trial before the United States Court. It appears that those who were engaged in the killing of Chavez have since been convicted of murder; and the others, who were only concerned in the robbery, were found guilty of larceny, and sentenced to fine and imprisonment (John McDaniel and his brother David were both executed. ...The Texas government disclaimed all responsibility for McDaniel.).
Josiah Gregg
A Man ought to form in his own Mind an exact and clear Idea of what Liberty is. Liberty is the Right of doing whatsoever the Laws allow: And if any one Citizen could do what the Laws forbid, there would be no more Liberty; because others would have an equal Power of doing the same.
Catherine II of Russia
It is not an unimportant fact to be known, that, since the year 1831, few or none of the difficulties and dangers which once environed the Santa Fé adventurer have been encountered. No traders have been killed by the [natives] on the regular route, and but few animals stolen from the caravans. On the whole, the rates of insurance upon adventures in this trade should hardly be as high as upon marine adventures between New York and Liverpool. While I declare, however, the serious dangers and troubles to have been in general so slight, I ought not to suppress at least an outline of the difficulties that occurred on the Prairies in 1843, which were attended with very serious consequences.
Josiah Gregg
Gregg, Josiah
Gregory I, Gregory the Great
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