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The impunity with which delinquencies of this description are every day committed is 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. 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.
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p.32

 

Josiah Gregg

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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

 

Capital crimes and highway robberies are of comparatively rare occurrence in the North, but in smaller delinquencies, such as pilfering and petty rogueries of every shade and description, the common classes can very successfully compete with any other people. Nothing indeed can be left exposed or unguarded without great danger of its being immediately stolen. ...there seems to exist a great deal of repugnance, even among the better classes, to apprehending thieves; as if the mere act of informing against them was considered dishonorable.

 

Josiah Gregg

 

These severe winds are very prevalent upon the great western prairies, though they are seldom quite so inclement. At some seasons, they are about as regular and unceasing as the 'trade winds' of the ocean. It will often blow a gale for days, and even weeks together, without slacking for a moment, except occasionally at night. It is for this reason, as well as on account of the rains, that percussion guns are preferable upon the Prairies, particularly for those who understand their use. The winds are frequently so severe as to sweep away both sparks and priming from a flint lock, and thus render it wholly ineffective.

 

Josiah Gregg

 

Once, I remember, I ran across the case of a boy who had been sentenced to prison, a poor, scared little brat, who had intended something no worse than mischief, and it turned out to be a crime. The judge said he disliked to sentence the lad; it seemed the wrong thing to do; but the law left him no option. I was struck by this. The judge, then, was doing something as an official that he would not dream of doing as a man; and he could do it without any sense of responsibility, or discomfort, simply because he was acting as an official and not as a man. On this principle of action, it seemed to me that one could commit almost any kind of crime without getting into trouble with one's conscience.
Clearly, a great crime had been committed against this boy; yet nobody who had had a hand in it — the judge, the jury, the prosecutor, the complaining witness, the policemen and jailers — felt any responsibility about it, because they were not acting as men, but as officials. Clearly, too, the public did not regard them as criminals, but rather as upright and conscientious men.
The idea came to me then, vaguely but unmistakably, that if the primary intention of government was not to abolish crime but merely to monopolize crime, no better device could be found for doing it than the inculcation of precisely this frame of mind in the officials and in the public; for the effect of this was to exempt both from any allegiance to those sanctions of humanity or decency which anyone of either class, acting as an individual, would have felt himself bound to respect — nay, would have wished to respect. This idea was vague at the moment, as I say, and I did not work it out for some years, but I think I never quite lost track of it from that time.

 

Albert Jay Nock

 

Indigent parents are thus frequently under the painful necessity of abandoning and disowning their deceased children, to avoid the responsibility of burial expenses. To this end the corpse is sometimes deposited in some niche or corner of the church during the night; and upon being found in the morning, the priest is bound to inter it gratis, unless the parent can be discovered, in which case the latter would be liable to severe castigation, besides being bound to pay the expenses.

 

Josiah Gregg