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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.
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p.21

 

Josiah Gregg

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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.

 

Josiah Gregg

 

The contest will continue--the contest between those who see a monolithic world and those who believe in diversity--but it should be a contest in leadership and responsibility instead of destruction, a contest in achievement instead of intimidation. Speaking for the United States of America, I welcome such a contest. For we believe that truth is stronger than error--and that freedom is more enduring than coercion. And in the contest for a better life, all the world can be a winner.

 

John F. Kennedy

 

A Theory of Justice begins with this assertion: “Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust .... Truth and justice are uncompromising”. How, one might ask. do we know that justice has this preeminence? Rawls’s second basic claim is that we have a particular kind of access to this preeminence: we have an “intuitive conviction of the primacy of justice” over all other considerations including welfare, efficiency, democratic choice, transparency, dignity, international competitiveness, or freedom, and, of course, over any rooted moral, philosophical, or religious conceptions. There is no account of where these intuitions came from, whether they might be in any way historically or sociologically variable, or what role they play in society.

 

Raymond Geuss

 

For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.

 

Robert H. Jackson

 

Well, if one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected — those, precisely, who need the law's protection most! — and listens to their testimony. Ask any Mexican, any Puerto Rican, any black man, any poor person — ask the wretched how they fare in the halls of justice, and then you will know, not whether or not the country is just, but whether or not it has any love for justice, or any concept of it. It is certain, in any case, that ignorance, allied with power, is the most ferocious enemy justice can have.

 

James Baldwin