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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.
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p.28

 

Josiah Gregg

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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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It may already be generally known perhaps, that the predominant party, in Mexico, (and particularly in the North), is decidedly anti-masonic. During my stay in Chihuahua I had an opportunity to test their antipathy for that mysterious brotherhood. This was evinced in the seizure of a dozen or two cotton handkerchiefs, which, unknown to myself, happened to bear the stamp of the 'masonic carpet.' These obnoxious articles having attracted the attention of some lynx-eyed friars, one day, much to my consternation, my store was suddenly invaded by the alcalde and some ecclesiastics. The handkerchiefs were seized without ceremony, and by an auto de fe [act of faith], condemned to be publicly burned.

 

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