CHAPTER XII[1]

Early Western Travels

1748-1846

Volume XX

[Illustration: Indian alarm on the Cimarron River]

Early Western Travels

1748-1846

A Series of Annotated Reprints of some of the best

and rarest contemporary volumes of travel, descriptive

of the Aborigines and Social and

Economic Conditions in the Middle

and Far West, during the Period

of Early American Settlement

Edited with Notes, Introductions, Index, etc., by

Reuben Gold Thwaites, LL. D.

Editor of "The Jesuit Relations and Allied Documents", "Original

Journals of the Lewis and Clark Expedition", "Hennepin's

New Discovery," etc.

Volume XX

Part II of Gregg's Commerce of the Prairies, 1831-1839

[Illustration]

Cleveland, Ohio

The Arthur H. Clark Company

1905

COPYRIGHT 1905, BY

THE ARTHUR H. CLARK COMPANY

ALL RIGHTS RESERVED

The Lakeside Press

R. R. DONNELLEY & SONS COMPANY

CHICAGO

CONTENTS OF VOLUME XX

COMMERCE OF THE PRAIRIES; or, The Journal of a Santa Fé

Trader, during Eight Expeditions across the Great Western

Prairies, and a Residence of nearly Nine Years in Northern

Mexico. (Part II: Chapters xii-xvi of Volume I, and all

of Volume II of original.) _Josiah Gregg._

Author's Table of Contents 13

Text of Part II: 21

ILLUSTRATIONS TO VOLUME XX

"Indian Alarm on the Cimarron River" _Frontispiece_

"Map of the Interior of Northern Mexico" _Facing_ 21

Medal of Nuestra Señora de Guadalupe de Mexico (text cut) 40

"Camp Comanche" 123

Mule emerging from a mine; Still Hunting (text cuts in

original) 181

"'Dog Town,' or Settlement of Prairie Dogs" 279

PART II OF GREGG'S COMMERCE OF THE PRAIRIES, OR THE

JOURNAL OF A SANTA FÉ TRADER--1831-1839

Reprint of chapters xii-xvi of Volume I, and all of Volume

II of the second edition: New York, 1845

CONTENTS

CHAPTER XII

Government of New Mexico -- The Administration of Justice

-- Judicial Corruption -- Prejudices against Americans

-- Partiality for the English -- Anecdote of Governor

Armijo and a Trapper -- Outrage upon an American

Physician -- Violence suffered by the American Consul

and others -- Arbitrary Impositions upon Foreigners --

_Contribucion de Guerra_ -- The Alcaldes and their

System -- The _Fueros_ -- Mode of punishing Delinquents

and Criminals -- Mexican System of Slavery -- Thieves

and Thieveries Outrage upon an American Merchant --

Gambling and Gambling-houses -- Game of _Monte_ --

Anecdote of a Lady of Fashion -- _Chuza_ -- Cockpits --

_Correr el gallo_ -- _El Coleo_ -- Fandangoes --

_Cigarritos_, 21

CHAPTER XIII

Military Hierarchy of Mexico -- Religious Superstitions --

Legend of _Nuestra Señora de Guadalupe_ -- A profane

Version of the Story -- A curious Plan for manufacturing

Water -- Saints and Images -- Processions -- How to make

it Rain -- The Sacred Host -- Fanaticism and Murder --

Honors paid to a Bishop -- Servility to Priests --

Attendance at Public Worship -- New Mexicans in Church

-- The Vesper Bells -- Passion Week and the Ceremonies

pertaining thereto -- Ridiculous _Penitencia_ --

Whitewashing of Criminals -- Matrimonial Connexions and

Mode of Contracting them -- Restrictions upon Lovers --

Onerous Fees paid for Marriages and Burials -- Anecdote

of a _Ranchero_ -- Ditto of a Servant and of a Widow,

illustrative of Priestly Extortion -- Modes of Burial,

and Burial Ground of the Heretics, 37

CHAPTER XIV

The Pueblos -- Their Character for Sobriety, Honesty, and

Industry -- Traditional descent from Montezuma -- Their

Languages -- Former and present Population -- The Pueblo

of Pecos -- Singular Habits of that ill-fated Tribe --

Curious Tradition -- Montezuma and the Sun -- Legend of

a Serpent -- Religion and government -- Secret Council

-- Laws and Customs -- Excellent Provisions against

Demoralization -- Primitive Pastimes of the Pueblos --

Their Architecture -- Singular Structures of Taos, and

other novel Fortifications -- Primitive state of the

Arts among the Pueblos -- Style of Dress, Weapons, etc.

-- Their Diet -- The _Guayave_, 54

{xvi} CHAPTER XV

The wild Tribes of New Mexico -- Speculative Theories --

Clavigero and the _Azteques_ -- Pueblo Bonito and other

Ruins -- Probable Relationship between the _Azteques_

and Tribes of New Mexico -- The several Nations of this

Province -- _Navajóes_ and _Azteques_ -- Manufactures of

the former -- Their Agriculture, Religion, etc. --

Mexican Cruelty to the Indians and its Consequences --

Inroads of the Navajóes -- Exploits of a Mexican Army --

How to make a Hole in a powder-keg -- The _Apaches_ and

their character -- Their Food -- Novel Mode of settling

Disputes -- Range of their marauding Excursions --

Indian Traffic and imbecile Treaties -- Devastation of

the Country -- Chihuahua Rodomontades -- Juan José, a

celebrated Apache Chief, and his tragical End, etc. --

Massacre of Americans in Retaliation -- A tragical

Episode -- _Proyecto de Guerra_ and a 'gallant' Display

-- The _Yutas_ and their Hostilities -- A personal

Adventure with them, but no Bloodshed -- The Jicarillas, 67

CHAPTER XVI

Incidents of a Return Trip from Santa Fé -- Calibre of our

Party -- Return Caravans -- Remittances -- Death of Mr.

Langham -- Burial in the Desert -- A sudden Attack --

Confusion in the Camp -- The Pawnees -- A Wolfish Escort

-- Scarcity of Buffalo -- Unprofitable Delusion --

Arrival -- Table of Camping Sites and Distances --

Condition of the Town of Independence -- The Mormons --

Their Dishonesty and Immorality -- Their high-handed

Measures, and a Rising of the People -- A fatal Skirmish

-- A chivalrous Parade of the Citizens -- Expulsion of

the Mormons -- The Meteoric Shower, and Superstition,

etc. -- Wanderings and Improprieties of the 'Latter-day

Saints' -- Gov. Boggs' Recipe -- The City of Nauvoo --

Contemplated Retribution of the Mormons, 87

CHAPTER XVII {I of Vol. II, original ed.}

A Return to Prairie Life -- Abandonment of the regular

Route -- The Start -- A Suicide -- Arrest of a Mulatto

for Debt -- Cherokee 'Bankrupt Law' -- Chuly, the Creek

Indian -- The Muster and the Introduction -- An '_Olla

Podrida_' -- Adventure of a 'Down-Easter' -- Arrival of

U. S. Dragoons -- Camp Holmes, and the Road -- A Visit

from a Party of Comanches -- Tabba-quena, a noted Chief

-- His extraordinary Geographical Talent -- Indians set

out for the 'Capitan Grande,' and we through an

unexplored Region -- Rejoined by Tabba-quena and his

'_suite_' -- Spring Valley -- The Buffalo Fever -- The

Chase -- A Green-horn Scamper -- Prairie Fuel, 99

CHAPTER XVIII {II of Vol. II}

Travelling out of our Latitude -- The Buffalo-gnat -- A

Kiawa and Squaw -- Indian _crim. con._ Affair --

Extraordinary Mark of confidence in the White Man -- A

Conflagration -- An Espy Shower -- Region of Gypsum --

Our Latitude -- A Lilliputian Forest -- A Party of

Comanches -- A Visit to a 'Dog-Town' -- Indian Archery

-- Arrival of Comanche Warriors -- A 'Big Talk' and its

Results -- Speech of the _Capitan Mayor_ -- Project of

bringing Comanche Chiefs to Washington -- Return of

Lieut. Bowman, and our March resumed -- Melancholy

Reflections -- Another Indian Visit -- Mexican Captives

-- Voluntary Captivity -- A sprightly Mexican Lad --

Purchase of a Captive -- Comanche Trade and Etiquette --

Indians least dangerous to such as trade with them, 114

CHAPTER XIX {III of Vol. II}

Ponds and Buffalo Wallows -- Valley of the Canadian, and

romantic Freaks of Nature -- Formation of Ravines --

Melancholy Adventure of a Party of Traders in 1832 --

Fears of our being lost -- Arrival of a Party of

_Comancheros_, and their wonderful Stories -- Their

Peculiarities and Traffic -- Bitter Water, and the

_Salitre_ of New Mexico -- Avant-couriers for Santa Fé

-- Patent Fire-arms and their Virtues -- Ranchero Ideas

of Distance, and their Mode of giving Directions -- The

Angostura, and erroneous Notions of the Texans -- A new

Route revealed -- Solitary Travel -- Supply of

Provisions sent back -- Arrival at Santa Fé -- Gov.

Armijo, etc. -- A 'Flare-up' with His Excellency, 132

CHAPTER XX {IV of Vol. II}

Preparations for a Start to Chihuahua -- Ineptness of

Married Men for the Santa Fé Trade -- Annoying

Custom-house Regulations -- Mails in New Mexico --

Insecurity of Correspondence -- Outfit and Departure --

_Derecho de Consumo_ -- Ruins of Valverde -- 'Towns

without Houses' -- La Jornado del Muerto -- Laguna and

Ojo del Muerto -- A Tradition of the _Arrieros_ --

Laborious Ferrying and Quagmires -- Arrival at Paso del

Norte -- Amenity of the Valley -- _Sierra Blanca_ and

_Los Organos_ -- Face of the Country -- Seagrass --

Médanos or Sand-hills -- An accidental River -- Carrizal

-- Ojo Caliente -- Laguna de Encinillas -- Southern

Haciendas -- Arrival -- Character of the Route and Soil, 145

CHAPTER XXI {V of Vol. II}

Trip from Chihuahua to Aguascalientes, in 1835 -- Southern

Trade and _Ferias_ -- Hacienda de la Zarca, and its

innumerable Stock -- Rio Nazas, and Lakes without outlet

-- Perennial Cotton -- Exactions for Water and Pasturage

-- Village of Churches -- City of Durango and its

Peculiarities -- Fruits, Pulque, etc. -- Persecution of

Scorpions -- Negro-ship in the ascendant -- Robbers and

their _modus operandi_ -- City of Aguascalientes --

Bathing Scene -- Haste to return to the North -- Mexican

Mule-shoeing -- Difficulties and Perplexities -- A

Friend in time of need -- Reach Zacatecas -- City

Accommodations -- Hotels unfashionable -- _Locale_,

Fortifications, etc., of the City of Zacatecas -- Siege

by Santa Anna and his easy-won Victory -- At Durango

again -- Civil Warfare among the 'Sovereigns' --

Hairbreadth 'scapes -- Troubles of the Road -- Safe

Arrival at Chihuahua -- Character of the Southern

Country, 162

CHAPTER XXII {VI of Vol. II}

Visit to the Mining Town of Jesus-Maria -- Critical Roads

-- Character of the Town -- Losing Speculations -- Mine

of Santa Juliana -- Curious mining Operations --

Different Modes of working the Ore -- The Crushing-mill,

etc. -- _Barras de Plata_ -- Value of Bullion -- The

Silver Trade -- Return to Chihuahua -- Resumption of the

regular Narrative -- Curious Wholesales -- Money Table

-- Redundancy of Copper Coin -- City of Chihuahua and

its Peculiarities -- Ecclesiastical Architecture --

Hidalgo and his Monument -- Public Works, and their

present Declension -- _Fête_ in honor of Iturbide --

Illiberality towards Americans -- Shopping Mania --

Anti-Masonic _Auto de Fe_, 178

CHAPTER XXIII {VII of Vol. II}

Departure for Santa Fé -- Straitened for Food -- Summary

Effort to procure Beef -- Seizure of one of our Party --

Altercation with a _Rico_ -- His pusillanimous Procedure

-- Great Preparations in Chihuahua for our Arrest --

Arrival of Mexican Troops -- A polite Officer -- Myself

with three of my Men summoned back to Chihuahua --

Amiable Conduct of Señor Artalejo -- _Junta_

_Departmental_ and Discussion of my Affair -- Writ of

_Habeas Corpus_ not in vogue -- The Matter adjusted and

Passports granted -- The _Morale_ -- Impunity of savage

Depredations -- Final Start -- Company of _Paseños_ with

their Fruits and Liquors -- Arrival at Santa Fé, 193

CHAPTER XXIV {VIII of Vol. II}

Preparations for returning Home -- Breaking out of the

Small-pox -- The Start -- Our Caravan -- Manuel the

Comanche -- A new Route -- The Prairie on Fire -- Danger

to be apprehended from these Conflagrations -- A

Comanche Buffalo-chase -- A Skirmish with the Pawnees --

An intrepid Mexican -- The Wounded -- Value of a thick

Skull -- Retreat of the Enemy and their Failure -- A

bleak Northwester -- Loss of our Sheep -- The Llano

Estacado and Sources of Red River -- The Canadian River

-- Cruelties upon Buffalo -- Feats at 'Still Hunting' --

Mr. Wethered's Adventure -- Once more on our own Soil --

The False Washita -- Enter our former Trail -- Character

of the Country over which we had travelled -- Arrival at

Van Buren -- The two Routes to Santa Fé -- Some

Advantages of that from Arkansas -- Restlessness of

Prairie Travellers in civilized Life, and Propensity for

returning to the Wild Deserts, 203

CHAPTER XXV {IX of Vol. II}

CONCLUSION OF THE SANTA FE TRADE

Decline of Prices -- Statistical Table -- Chihuahua Trade

-- Its Extent -- Different Ports through which Goods are

introduced to that Market -- Expedition between

Chihuahua and Arkansas -- The Drawback -- The more

recent Incidents of the Santa Fé Caravans -- Adventures

of 1843 -- Robbery and Murder of Chavez -- Expedition

from Texas -- Defeat of Gen. Armijo's Van-guard -- His

precipitate Retreat -- Texan Grievances -- Unfortunate

Results of indiscriminate Revenge -- Want of discipline

among the Texans -- Disarmed by Capt. Cook -- Return of

the Escort of U. S. Dragoons, and of the Texans --

Demands of the Mexican Government -- Closing of the

Santa Fé Trade, 221

CHAPTER XXVI {X of Vol. II}

GEOGRAPHY OF THE PRAIRIES

Extent of the Prairies -- Mountains -- _Mesas_ or

Table-lands -- _El Llano Estacado_ -- _Cañones_ -- Their

Annoyance to the early Caravans -- Immense Gullies --

Coal Mines and other Geological Products -- Gypsum --

Metallic Minerals -- Salines -- Capt. Boone's

Exploration -- 'Salt Plain' and 'Salt Rock' -- Mr.

Sibley's Visit -- Saline Exudations -- Unhabitableness

of the high Prairies -- Excellent Pasturage -- Rich

border Country sufficient for two States -- Northern

Texas -- Rivers of the Prairies -- Their Unfitness for

Navigation -- Timber -- Cross Timbers -- Encroachments

of the Timber upon the Prairies -- Fruits and Flowers --

Salubrity of Climate, 237

CHAPTER XXVII {XI of Vol. II}

ANIMALS OF THE PRAIRIES

The Mustang or Wild Horse -- Capturing him by 'Creasing,'

and with the Lazo -- Horse-flesh -- The Buffalo -- Its

Appearance -- Excellence of its Meat -- General Utility

to the Indian and Traveller -- Prospect of its

Extinction -- Hunting the Buffalo with Bow and Arrows,

the Lance, etc. -- 'Still-hunting' -- The Buffalo

ferocious only when wounded -- Butchering, etc. -- The

Gray Wolf -- Its Modes of killing Buffalo -- Their great

numbers -- A 'Wolf scrape' -- The Prairie Wolf, or

'Jackal of the Prairies' -- The Elk, Deer and Bear --

The Antelope -- The Bighorn -- The Prairie Dog -- Owls

and Rattlesnakes -- The Horned Frog -- Fowls -- Bees,

etc., 259

CHAPTER XXVIII {XII of Vol. II}

ABORIGINES OF AMERICA

Indian Cosmogony -- Traditions of Origin -- Identity of

Religious Notions -- Adoration of the Sun -- Shawnee

Faith -- Anecdote of Tecumseh -- Legendary Traditions --

Missionaries, and Success of the Catholics -- The

Indian's Heaven -- Burial Customs -- Ancient Accounts --

Depositing the Dead on Scaffolds -- Superstition and

Witchcraft -- Indian Philosophy -- Polygamy and other

Matrimonial Affairs -- Abhorrence of Incest --

Difference in Character -- Indian Hospitality -- Traits

of the Ancient Asiatics -- Names -- Relationship of

Different Tribes -- Dreadful Decrease of the Indians, 283

CHAPTER XXIX {XIII of Vol. II}

THE FRONTIER INDIANS

Causes of Removal West -- Annuities, etc. --

Dissatisfaction of the Indians -- Their Melioration by

the Change -- Superiority of their present Location --

Lands granted to them -- Improvements, Agriculture,

etc. -- Their Slaves -- Manufactures -- Style of Living,

Dress, etc. -- Literary Opportunities and Improvements

-- Choctaw Academy -- Harpies and Frauds -- Games --

Systems of Government -- Polygamy -- Ancient Laws and

Customs -- Intemperance -- Preventive Measures -- A

Choctaw Enactment -- Marriage and Funeral Customs of the

Choctaws -- The Creeks -- Their Summary Executions --

Mourning -- Indian Titles -- The Northern Tribes --

Census of the Frontier Nations, 299

CHAPTER XXX {XIV of Vol. II}

INDIANS OF THE PRAIRIES

System of Chiefs -- Mode of Warfare -- War-Council -- The

Scalp-dance -- The Calumet or Pipe of Peace -- Treaties

-- Public News-criers -- Arms of the Indians -- Bow and

Arrows, etc. -- Hunting -- Dancing -- Language of Signs

-- Telegraphs -- Wigwams or Lodges -- Pack-dogs --

Costumes -- Painting, Tattooing, etc. -- Indian Dandies

-- Manufactures, and Dressing the Buffalo Rug -- Indian

Diet, Fasting, etc. -- Primitive Thomsonians -- Their

domestic Animals, the Dog and the Horse -- Wampum --

Their Chronology, 318

CHAPTER XXXI {XV of Vol. II}

INDIANS OF THE PRAIRIES

Intermediate Tribes -- Their Wigwams and their Hunting

Excursions -- Dress and Cut of their Hair -- The Pawnees

-- The Osages -- Their Roguery -- Matrimonial Customs --

Accomplished Mourners -- Their Superstitions -- The

Indian Figure -- The 'Pawnee Picts' -- Wild Tribes --

Census -- The Comanches -- Their Range -- Their Sobriety

-- Their Chiefs, etc. -- Female Chastity -- Comanche

Marriage -- Costumes -- Horsemanship -- Comanche Warfare

-- Predatory Forays -- Martial Ceremonies -- Treatment

of Captives -- Burial and Religious Rites, 336

GLOSSARY.

Containing such Spanish or Hispano-Mexican words as occur

undefined in this work, or recur without definition

after having been once translated 353

[Illustration: MAP OF THE INTERIOR OF NORTHERN MEXICO.]

COMMERCE OF THE PRAIRIES

{PART II}

CHAPTER XII[1]

Government of New Mexico -- The Administration of Justice --

Judicial Corruption -- Prejudices against Americans -- Partiality

for the English -- Anecdote of Governor Armijo and a Trapper --

Outrage upon an American Physician -- Violence suffered by the

American Consul and others -- Arbitrary Impositions upon Foreigners

-- _Contribucion de Guerra_ -- The Alcaldes and their System --

The _Fueros_ -- Mode of punishing Delinquents and Criminals --

Mexican System of Slavery -- Thieves and Thieveries -- Outrage upon

an American Merchant -- Gambling and Gambling-houses -- Game of

_Monte_ -- Anecdote of a Lady of Fashion -- _Chuza_ -- Cockpits --

_Correr_ _el gallo_ -- El Coleo -- Fandangoes -- _Cigarritos_.

Prior to the adoption of the _Sistema Central_ in the Mexican

republic, the province of New Mexico was under a territorial

government. The executive was called _Gefe Político_ (political

chief), and the _Diputacion Provincial_ very inefficiently supplied

the place of a legislature. Under the present system, however, New

Mexico being a _department_, the names of these powers have been

changed, but their functions remain very nearly the same. The

_Gobernador_ (governor) is appointed by the President for eight years.

The legislative power is nominally vested in a _Junta Departamental_,

a kind of state council, with very circumscribed {226} powers,

somewhat analogous to, and certainly not more extensive than, those of

a board of aldermen with us. But even this shadow of popular

representation was 'prorogued' by Gov. Armijo soon after his accession

to power (five or six years ago), and has never since been convened;

so that [Pg022] its functions have been arbitrarily exercised by the

governor ever since.

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.

The evil consequences arising from maladministration of justice in New

Mexico are most severely felt by foreigners, against whom a strong

prejudice prevails throughout the South. Of these, the citizens of the

United States are by far the most constant sufferers; an inevitable

result of that sinister feeling with which the 'rival republic' views

the advancement {227} and superiority of her more industrious

neighbors. It is a notorious fact, that while the English are

universally treated with comparative consideration and respect, the

Americans residing in the southern parts of the republic are

frequently taunted with the effeminacy of their government and its

want of decision. So openly has this preference for British subjects

been manifested, and so thoroughly conscious have the Americans become

of the humiliating fact, that when a mercantile firm, consisting of an

American and an Englishman, has occasion to present a memorial of any

description, or to sue either for an act of favor or of justice from

the nation, the application is sure [Pg023] to be made in the name of

the latter, knowing it will thus be more likely to command proper

attention.

Few men, perhaps, have done more to jeopard the interests of American

traders, or to bring the American character itself into contempt, than

Armijo, the present arbitrary governor of New Mexico. I am happy to

say, however, that in the midst of his many oppressions, he was once

at least obliged to 'knock under' to one of those bold and daring

spirits of the Rocky Mountains whom obstacles rather energize than

subdue. This was about the year 1828, during Armijo's previous

governorship. A law was then in existence which had been enacted by

the general Congress prohibiting foreigners from trapping beaver in

the Mexican territory, under penalty of confiscation, etc.; but as

there were no native {228} trappers in New Mexico, Gov. Baca and his

successor (Narbona) thought it expedient to extend licenses to

foreigners, in the name of citizens, upon condition of their taking a

certain proportion of Mexicans to learn the art of trapping. In

pursuance of this disposition, Gov. Narbona extended a license to one

Ewing Young, who was accompanied by a Mr. Sublette, brother of Capt.

Wm. Sublette, and almost equally celebrated for his mountain

adventures.[2] [Pg024] Previous to the return of this party from

their trapping expedition, Armijo had succeeded Narbona in office, and

they were informed that it was his intention to seize their furs. To

prevent this, they deposited them at a neighboring village, where they

were afterwards discovered, seized, and confiscated. The furs being

damp, they were spread out in the sun before the _Guardia_, in Santa

Fé, when Sublette, perceiving two packs of beaver which had been his

own property, got by honest labor, instantly seized them and carried

them away before the eyes of the whole garrison, and concealed both

them and his own person in a house opposite. The entire military force

was immediately put in requisition, and a general search made for the

offender and his prize; but in vain: indeed, if the truth must be

spoken, the troops seemed to have as little desire to find Sublette as

the latter had of being found; for his character was too well known to

leave any room for hope that his capture could be effected without a

great deal {229} of trouble. In the meanwhile, Armijo raved, and

threatened the Americans for not ferreting out their countryman and

delivering him over to justice. Failing to produce any impression by

blustering, however, he caused a couple of cannons to be pointed at

the house where the offender was supposed to be concealed, declaring

at the same time that he would batter it down; but all to no purpose.

Mr. Sublette finally conveyed his furs in safety to the frontier, and

thence to the United States. [Pg025]

The following anecdote affords another illustration of

Armijo's summary mode of dealing with Americans. In the fall of 1840,

a gross outrage was committed upon a physician from Massachusetts

(said to be a gentleman of unexceptionable deportment), who was

travelling through the country for his health. He had loaned nine

hundred dollars to a person of the name of Tayon, who afterwards

borrowed the same amount of another foreigner and repaid this debt.

The doctor then left for the South, where he intended to pass the

winter, being afflicted with a pulmonary disease. But the individual

who had lent Tayon the money, being informed that he was insolvent,

applied to Gov. Armijo for an order to compel the doctor to return,

expecting thereby to make him reimburse the money. The order overtook

him at the village of Algodones,[3] near forty miles from Santa Fé,

where he was at once arrested by the alcalde, and detained some time,

ignorant even of the offence for which he was doing penance. {230} In

the meantime, the American Consul at Santa Fé, having been informed of

what had taken place, procured a counter-order from the governor for

the release of the prisoner. When the alcalde of Algodones received

this document, he determined at once that so extraordinary an act of

justice should cost the foreigner some trifle. Accordingly, another

order was forged on the spot, commanding that he should be taken to

the capital--yet a 'gentle hint' was given, that his liberty might be

purchased by the payment of two hundred dollars. Being in a land of

strangers, among whom he had but little hope of receiving fair play,

the doctor resolved to pay the amount demanded, and fly to Chihuahua,

where he would at least be safe from Armijo's clutches. Having been

informed, however, of the fraud [Pg026] practised by the alcalde,

before he had proceeded far on his journey, he returned and made an

attempt to bring the delinquent officer to justice, but altogether

without success.

But perhaps the most glaring outrages upon American citizens were

committed in 1841, upon the occasion of the capture of the Texan Santa

Fé Expedition. In Taos, a poor deaf and dumb U. S. creole Frenchman

was beaten to death in open day. In San Miguel, the alcalde, at the

head of a mob, entered the store of a Mr. Rowland, whom he robbed of a

considerable amount of merchandise.[4] At the same time, the greatest

excitement raged in Santa Fé against Americans, whose lives appeared

in imminent danger; and a most {231} savage attack was made upon our

excellent Consul, Manuel Alvarez, Esq., who had always taken an active

interest in the welfare of American citizens.[5]

A few minutes after the governor had departed for San Miguel, to

encounter the Texans, a fellow named Martin, his nephew and

confidential agent, aided by a band of ferocious _sans culottes_, and

armed with a large knife, secretly entered the house of the Consul,

who perceived him in time, however, to avert the blow; yet he received

a severe wound in the face during the scuffle that ensued: the rabble

running in at the same time, and vociferating, "_Sáquenlo ajuera!

mátenlo!_"--Drag him out! kill him! Mr. Alvarez doubtless [Pg027]

owed his preservation partially to the consternation with which the

failure of their clandestine attempt at his life inspired the cowardly

ruffians. Instead of being punished for this diabolical act, the

principal assassin, on the contrary, was soon after promoted in the

army.

The outrage did not end here, however; for on the Consul's demanding

his passport for the United States, it was refused for nearly a month;

thus detaining him until the cold season had so far advanced, that, of

his party (about fifteen in number), two perished from the cold; and

not one arrived without being more or less frost-bitten--some very

severely--besides suffering a loss of about fifty animals from the

same cause.

Although these and other daring outrages have been duly represented to

our Government, {232} it does not appear that any measures of redress

have yet been taken.

With a view of oppressing our merchants, Gov. Armijo had, as early as

1839, issued a decree exempting all the natives from the tax imposed

on store-houses, shops, etc., throwing the whole burden of impost upon

foreigners and naturalized citizens; a measure clearly and

unequivocally at variance with the treaties and stipulations entered

into between the United States and Mexico. A protest was presented

without effect; when our Consul, finding all remonstrances useless,

forwarded a memorial to the American Minister at Mexico,[6] who,

although the vital interests of American citizens were at stake,

deemed the affair of too little importance, perhaps, and therefore

appears to have paid no attention to it. But this system of levying

excessive taxes upon foreigners, is by no means an original invention

of Gov. Armijo. In 1835, the government of Chihuahua having levied a

_contribucion de guerra_ for raising means to make [Pg028] war upon

the savages, who were laying waste the surrounding country, foreign

merchants, with an equal disregard for their rights and the

obligations of treaties, were taxed twenty-five dollars each per

month; while the native merchants, many of whom possessed large

haciendas, with thousands of stock, for the especial protection of

which these taxes were chiefly imposed, paid only from five to ten

dollars each. Remonstrances were presented to the governor, but in

vain. In his official {233} reply, that functionary declared, "_que el

gobierno cree arreglado el reparto de sus respectivas contribuciones_,"

--the government believes your respective contributions in accordance

with justice--which concluded the correspondence, and the Americans

paid their twenty-five dollars per month.

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 [Pg029] formed with {234} 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.

In the administration of justice, there are three distinct and

privileged jurisdictions, known as _fueros_:[7] the _eclesiástico_,

which provides that no member of the clergy, at least of the rank of

curate and upwards, shall ever be arraigned before a civil tribunal,

but shall be tried by their superiors in the order; the _militar_,

which makes a similar provision in favor not only of commissioned

officers, but of every common soldier from the ranks; and the _civil_

or ordinary courts, for all cases in which the defendants are laymen.

These _fueros_ have hitherto maintained the ecclesiastical and

military classes in perfect independence of the civil authorities. The

_civil_, in fact, remains in some degree subordinate to the other two

_fueros_; for it can, under no circumstances, {235} have any

jurisdiction whatever over them; while the lay plaintiff, in the

privileged tribunals of these, may, if unsuccessful, have judgment

entered up against him: a consequence that can never follow the suits

of the ecclesiastical or military orders before the civil tribunals.

The judgments of the latter, in [Pg030] such cases, would be void. It

is no wonder, then, that the cause of freedom in Mexico has made so

little progress.

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 offence committed has been of a

trivial character. Notwithstanding this laxity in the execution of the

laws, there are few murders of any kind committed.

In case of debt, as before remarked, the delinquent is sent to

jail--provided the creditor will not accept his services. If he will,

however, the debtor becomes _nolens volens_ the {236} servant of the

creditor till the debt is satisfied; and, serving, as he does, at very

reduced wages, his expenses for clothing, and other necessaries, but

too often retain him in perpetual servitude. This system does not

operate, however, upon the higher classes, yet it acts with terrible

severity upon the unfortunate poor, whose condition is but little

better, if not worse indeed than that of the slaves of the South. They

labor for fixed wages, it is true; but all they can earn is hardly

sufficient to keep them in the coarsest clothing and pay their

contingent expenses. Men's wages range from two to five dollars a

month, and those of women from fifty cents to two dollars; in payment

of which, they rarely receive any money; but instead thereof, articles

of apparel and other necessaries at the most exorbitant prices. The

consequence is that the [Pg031] servant soon accumulates a debt which

he is unable to pay--his wages being often engaged for a year or two

in advance. Now, according to the usages, if not the laws of the

country, he is bound to serve his master until all arrearages are

liquidated; and is only enabled to effect an exchange of masters, by

engaging another to pay his debt, to whom he becomes in like manner

bound.

As I have already remarked, 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

{237} with any other people. Nothing indeed can be left exposed or

unguarded without great danger of its being immediately stolen. No

husbandman would think of leaving his axe or his hoe, or anything else

of the slightest value, lying out over night. Empty wagons are often

pillaged of every movable piece of iron, and even the wheels have been

carried away. Pieces of merchandise are frequently purloined from the

shelves, when they happen to be in reach. In Chihuahua, goods have

actually been snatched from the counter while being exposed to the

inspection of a pretended purchaser. I once had a trick of this kind

played upon me by a couple of boys, who made their escape through a

crowd of spectators with their booty exposed. In vain I cried

"_Agarren á los ladrones!_" (catch the thieves!) not a single

individual moved to apprehend them. I then proffered the goods stolen,

to any person who might succeed in bringing the rogues to me, but to

no purpose. In fact 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. I heard a

very respectable caballero once remark that he had seen a man purloin

certain articles of merchandise, but he could not be induced to give

[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.

The following will not only serve to show the light in which gambling

is held by all classes of society, but to illustrate the purifying

effects of wealth upon character. Some twelve or fifteen years ago

there lived (or rather roamed) in Taos a certain female of very loose

habits, known as _La Tules_. Finding it difficult to obtain the means

of living in that {240} district, she finally extended her wanderings

to the capital. She there became a constant attendant on one of those

pandemoniums where the favorite game of _monte_ was dealt _pro bono

publico_. Fortune, at first, did not seem inclined [Pg034] to smile

upon her efforts, and for some years she spent her days in lowliness

and misery. At last her luck turned, as gamblers would say, and on one

occasion she left the bank with a spoil of several hundred dollars!

This enabled her to open a bank of her own, and being favored by a

continuous run of good fortune, she gradually rose higher and higher

in the scale of affluence, until she found herself in possession of a

very handsome fortune. In 1843, she sent to the United States some ten

thousand dollars to be invested in goods. She still continues her

favorite 'amusement,' being now considered the most expert 'monte

dealer' in all Santa Fé. She is openly received in the first circles

of society: I doubt, in truth, whether there is to be found in the

city a lady of more fashionable reputation than this same Tules, now

known as Señora Doña Gertrudes Barceló.

Among the multitude of games which seem to constitute the real

business of life in New Mexico, that of _chuza_ evidently presents the

most attractions to ladies; and they generally lay very heavy wagers

upon the result. It is played with little balls, and bears some faint

resemblance to what is called _roulette_. Bull-baiting and

cock-fighting, about which so much has been said by every traveller in

Mexico, {241} are also very popular 'amusements' in the North, and

generally lead to the same excesses and the same results as gaming.

The cock-pit rarely fails to be crowded on Sundays and other feast

days; on which occasions the church, the ball-room, the

gambling-house, and the cock-pit look like so many opposition

establishments; for nothing is more common than to see people going

from one place to another by alternate fits, just as devotional

feeling or love of pleasure happens to prompt them.

One of the most attractive sports of the rancheros and the peasantry,

and that which, more than any other, calls for the exercise of skill

and dexterity, is that called _correr el gallo_, [Pg035] practised

generally on St. John's day. A common cock or hen is tied by the feet

to some swinging limb of a tree, so as to be barely within the reach

of a man on horseback: or the fowl is buried alive in a small pit in

the ground leaving only the head above the surface. In either case,

the racers, passing at full speed, grapple the head of the fowl, which

being well greased, generally slips out of their fingers. As soon as

some one, more dextrous than the rest, has succeeded in tearing it

loose, he claps spurs to his steed, and endeavors to escape with the

prize. He is hotly pursued, however, by the whole sporting crew, and

the first who overtakes him tries to get possession of the fowl, when

a strife ensues, during which the poor chicken is torn into atoms.

Should the holder of the trophy be able to outstrip his pursuers, he

carries {242} it to a crowd of fair spectators and presents it to his

mistress, who takes it to the fandango which usually follows, as a

testimony of the prowess of her lover.

Among the vaqueros, and even among persons of distinction, _el coleo_

(tailing) is a much nobler exercise than the preceding, and is also

generally reserved for days of festivity. For this sport the most

untractable ox or bull is turned loose upon a level common, when all

the parties who propose to join in the amusement, being already

mounted, start off in pursuit of him. The most successful rider, as

soon as he gets near enough to the bull, seizes him by the tail, and

with a sudden manœuvre, whirls him topsy-turvy upon the plain--to the

no little risk of breaking his own neck, should his horse stumble or

be tripped by the legs of the falling bull.

Respecting _fandangos_, I will observe that this term, as it is used

in New Mexico, is never applied to any particular dance, but is the

usual designation for those ordinary assemblies where dancing and

frolicking are carried on; _baile_ (or ball) being generally applied

to those of a higher grade. The former especially are very frequent;

for nothing is more [Pg036] general, throughout the country, and with

all classes than dancing. From the gravest priest to the buffoon--from

the richest nabob to the beggar--from the governor to the

ranchero--from the soberest matron to the flippant belle--from the

grandest _señora_ to the _cocinera_--all partake of this exhilarating

{243} amusement. To judge from the quantity of tuned instruments which

salute the ear almost every night in the week, one would suppose that

a perpetual carnival prevailed everywhere. The musical instruments

used at the _bailes_ and _fandangos_ are usually the fiddle and

_bandolin_, or _guitarra_, accompanied in some villages by the _tombé_

or little Indian drum. The musicians occasionally acquire considerable

proficiency in the use of these instruments. But what most oddly

greets, and really outrages most Protestant ears, is the accompaniment

of divine service with the very same instruments, and often with the

same tunes.

Of all the petty vices practised by the New Mexicans, the _vicio

inocente_ of smoking among ladies, is the most intolerable; and yet it

is a habit of which the loveliest and the most refined equally

partake. The _puro_ or _cigarro_[10] is seen in the mouths of all: it

is handed round in the parlor, and introduced at the dinner

table--even in the ball-room it is presented to ladies as regularly as

any {244} other species of 'refreshment;' and in the dance the

señorita may often be seen whirling round with a lighted _cigarrito_

in her mouth. The belles of the Southern cities are very frequently

furnished [Pg037] with _tenazitas de oro_ (little golden tongs), to

hold the cigar with, so as to prevent their delicate fingers from

being polluted either with the stain or scent of tobacco; forgetting

at the same time its disagreeable effects upon the lips and breath.

Notwithstanding their numerous vices, however, I should do the New

Mexicans the justice to say that they are but little addicted to

inebriety and its attendant dissipations. Yet this doubtlessly results

to a considerable degree from the dearness of spirituous liquors,

which virtually places them beyond the reach of the lower classes.

FOOTNOTES:

[1] Chapter xii of volume i of the original edition.--ED.

[2] Both Bartolomé Baca (Vaca) and Narbona were Mexican officers. The

former, whose term of office was from 1823 to September, 1825,

belonged to a New Mexican family, and was one of the captains of the

companies organized in 1808. Antonio Narbona came (1805) from the

province of Chihuahua, as lieutenant of soldiers sent to repel a

Navaho raid. He was governor, September, 1825, to May 1827. In 1843 he

was colonel of an expedition against the Apache in Arizona.

Ewing Young was a native of Knox County, Tennessee. He early went west

for hunting and trapping, having passports for Mexican territory

signed at Washington in 1828-29. In these years he made his first

overland trip from New Mexico to California, where he aided the padres

of San José in an expedition against revolted neophytes. In 1829 he

returned to New Mexico, married a Taos woman, and again (1831) set out

for California. There in 1834 he met Hall Kelley, and was persuaded to

accompany him to Oregon, where he formed one of the first American

settlements in the Chehalem Valley, tributary to the Willamette. A

journey to California in 1836, to purchase cattle, resulted in

stocking the Oregon pioneers. Young's Oregon settlement prospered; he

erected saw and grist mills, and upon his death (1841) the

administration of his estate was the occasion of the first tentative

experiment in civil government in Oregon. In after years, a son

Joachim came from New Mexico, and laid successful claim to the

property, which was paid by the state.

Milton J. Sublette was a younger brother of William (for whom see our

volume xix, p. 221, note 55, Gregg) and himself a noted trapper and

trader, operating chiefly in the Rocky Mountains. In 1833 he entered

into arrangements with Nathaniel Wyeth (see our volume xxi), but the

next year was compelled to retire because of injury to a leg, which

caused his death at Fort Laramie, December 19, 1836.--ED.

[3] Algodones is a small Mexican town in Sandoval County, about

fifteen miles above Albuquerque. It is now a station on the Atchison,

Topeka, and Santa Fé Railway, and has promise of becoming a junction

with the Santa Fé Central.--ED.

[4] Thomas Rowland, a native Pennsylvanian, had been a resident of New

Mexico for a number of years, and had married there. His brother John

was accused of complicity with the Texans, which led to the attack

upon Rowland's property. This was shortly restored to him, as his

friends were influential in official circles. See George W. Kendall,

_Narrative of the Texan Santa Fé Expedition_ (New York, 1844), i, pp.

271, 272, 332. John Rowland led a party of immigrants to California

(1841), where he became a leading American pioneer.--ED.

[5] Manuel Alvarez was a native of Spain, who showed much enterprise

in establishing the trade between the United States and New Mexico. In

1839 he was appointed United States consul at Santa Fé, an office

which he held until the American conquest. In 1849 he took part in the

new state movement, and was by the suffrages of the people elected

governor; but Congress having erected New Mexico into a territory, the

state government lapsed.--ED.

[6] Powhattan Ellis, for notice of whom, see our volume xix, p. 274,

note 100 (Gregg).--ED.

[7] Originally a _fuero_ was any form of charter or privilege granted

to a kingdom, province, town, or person. _Fueros_ played great part in

the constitutional development of Spain and her colonies.--ED.

[8] The "Laws of the Indies," or the codification of the ordinances,

acts, etc., passed by the Council of the Indies and other

administrative Spanish authorities for the government of the colonies,

was first issued at Madrid in 1681, under the title _Recopilacion de

Leyes de los Reynos de Indias_. A fourth edition, under the direction

of the Council of the Indies, issued in 1791.--ED.

[9] Madame Frances Erskine Inglis Calderon de la Barca was a

Scotchwoman married to a Spaniard who was minister to the United

States, and later to Mexico. While in the latter country, she

published _Life in Mexico_ (London, 1843), an interesting, racy series

of letters on the manners and customs of Spanish America.--ED.

[10] The _puro_ is a common cigar of _pure_ tobacco; but the term

_cigarro_ or _cigarrito_ is applied to those made of cut tobacco

rolled up in a strip of paper or corn-husk. The latter are by far in

the most general use in New Mexico, even among the men, and are those

only smoked by the females. In this province cigarros are rarely sold

in the shops, being generally manufactured by every one just as they

are needed. Their expertness in this 'accomplishment' is often

remarkable. The mounted vaquero will take out his _guagito_ (his

little tobacco-flask), his packet of _hojas_ (or prepared husks), and

his flint, steel, etc.,--make his cigarrito, strike fire and commence

smoking in a minute's time--all while at full speed: and the next

minute will perhaps lazo the wildest bull without interrupting his

smoke.--GREGG.

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