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 Passport granted -- The _Morale_ --
Impunity of savage Depredators -- Final Start -- Company of
_Paseños_ with their Fruits and Liquors -- Arrival at Santa Fé.
Having closed all my affairs in Chihuahua, and completed my
preparations for departing, I took my leave of that city for the
North, on the 31st of October, 1839. I was accompanied by a caravan
consisting of twenty-two wagons (all of which save one belonged to
me), and forty odd men, armed to the teeth, and prepared for any
emergency we might be destined to encounter: a precaution altogether
necessary, in view of the hordes of hostile savages which at all times
infested the route before us.
We also set out provided with an ample stock of bread and other
necessaries; for, from the suburbs of Chihuahua to the village of
{123} Carrizal, a distance of nearly a hundred and fifty miles, there
are no settlements on the route, from whence to procure supplies. To
furnish the party with meat, I engaged twenty sheep, to be delivered a
few miles on the way, which were to be driven along for our daily
consumption. But the contractor having failed, we found ourselves
entering the wilderness without a morsel of meat. The second day our
men began to murmur--it was surely 'dry living' upon mere bread and
coffee: in fact, by the time we entered the 'territory' of the
Hacienda de Encinillas, spoken of in another chapter, they were
clearly suffering from hunger. I was therefore under the necessity of
sending three Mexican muleteers of our party [Pg194] to _lazo_ a beef
from a herd which was grazing at some distance from where we had
pitched our camp; being one of those buffalo-like droves which run so
nearly wild upon this extensive domain. It had been customary, from
time immemorial, for travellers when they happened to be distressed
for meat, to supply their wants out of the wild cattle which nominally
belonged to this hacienda, reserving to themselves the privilege of
paying a reasonable price afterwards to the proprietor for the damage
committed. I must say, however, that, although I had travelled over
the same road nine times, I had never before resorted to this summary
mode of procuring food; nor should I, on the present occasion, have
deviated from my regular practice, though thus partially authorized by
a custom of the {124} country, but for the strait in which we found
ourselves, and the fact that I was confident I should meet either with
a _mayordomo_ or some of the _vaqueros_, to whom I could pay the value
of the beef, before passing beyond the purlieus of the hacienda, upon
the lands of which we had yet to travel for sixty or eighty miles.
The muleteers had just commenced giving chase to the cattle, when we
perceived several horsemen emerge from behind a contiguous eminence,
and pursue them at full speed. Believing the assailants to be Indians,
and seeing them shoot at one of the men, chase another, and seize the
third, bearing him off prisoner, several of us prepared to hasten to
the rescue, when the other two men came running in and informed us
that the aggressors were Mexican vaqueros. We followed them,
notwithstanding, to the village of Torreon, five or six miles to the
westward, where we found a crowd of people already collected around
our poor friend, who was trembling from head to foot, as though he had
really fallen into the hands of savages. I immediately inquired for
the mayordomo, when I was [Pg195] informed that the proprietor
himself, Don Angel Trias, was present. Accordingly I addressed myself
to _su señoría_, setting forth the innocence of my servant, and
declaring myself solely responsible for whatever crime had been
committed. Trias, however, was immovable in his determination to send
the boy back to Chihuahua to be tried for robbery, and all further
expostulation only drew down the {125} grossest and coarsest insults
upon myself, as well as my country, of which he professed no
inconsiderable knowledge.[129]
The altercation was at first conducted solely in Spanish; but the
princely señor growing weary of hearing so many unpalatable truths
told of himself in the vernacular of his own humble and astounded
menials, he stepped out from among the crowd, and addressed me in
English,--a language in which he had acquired some proficiency in the
course of his travels. The change of language by no means altered his
views, nor abated his pertinacity. At last, finding there was nothing
to be gained by this war of words, I ordered the boy to mount his
horse and rejoin the wagons. "Beware of the consequences!" vociferated
the enraged Trias. "Well, let them come," I replied; "here we are."
But we were suffered to depart in peace with the prisoner.
That the reader may be able to form some idea of the pusillanimity of
this lordly _haciendero_, it is only necessary to add, that when the
altercation took place we were inside of the fortifications, from
which our egress might easily have been prevented by simply closing
the outer gate. We [Pg196] were surrounded by the whole population of
the village, besides a {126} small detachment of regular troops, whose
commandant took a very active part in the controversy, and fought most
valiantly with his tongue. But the valor of the illustrious Señor Don
Angel knew a much safer course than to vent itself where there was
even a remote chance of personal risk. His influence could not fail to
enlist the public in his behalf, and he thought no doubt that his
battles might just as well be fought by the officers of justice as by
himself.
Yet ignorant of his designs, and supposing the matter would end at
this, we continued our march the next day, and by the time night
approached we were full twenty miles from the seat of our late
troubles. While at breakfast on the following morning we were greatly
surprised by the appearance of two American gentlemen direct from
Chihuahua, who had ridden thus far purposely to apprise us of what was
brewing in the city to our detriment. It appeared that Trias had sent
an express to the governor accusing me of rescuing a culprit from the
hands of justice by force of arms, and that great preparations were
accordingly being made to overtake and carry me back. That the reader
may be able to understand the full extent and enormity of my offence,
he has only to be informed that the proprietor of an hacienda is at
once governor, justice of the peace, and everything besides which he
has a mind to fancy himself--a perfect despot within the limits of his
little dominion. It was, therefore, through contempt for _his_
'excellency' {127} that I had insulted the majesty of the laws!
Having expressed my sentiments of gratitude to my worthy countrymen
for the pains they had taken on my account, we again pursued our
journey, determined to abide the worst. This happened on the 3d of
November: on the [Pg197] 5th we encamped near the Ojo Caliente, a
hundred and thirty miles from Chihuahua. About eleven o'clock at
night, a large body of men were seen approaching. They very soon
passed us, and quietly encamped at a distance of several hundred
yards. They were over a hundred in number.
Nothing further occurred till next morning, when, just as I had risen
from my pallet, a soldier approached and inquired if I was up. In a
few minutes he returned with a message from _El Señor Capitan_ to know
if he could see me. Having answered in the affirmative, a very
courteous and agreeable personage soon made his appearance, who, after
bowing and scraping until I began to be seriously afraid that his body
would break in two, finally opened his mission by handing me a packet
of letters, one of which contained an order from the Governor for my
immediate presence in Chihuahua, together with the three muleteers
whom I had sent after the cattle; warning me, at the same time, not to
give cause, by my resistance, for any other measure, which might be
unpleasant to my person. The next document was from Señor Trias
himself, in which he expressed his regret {128} at having carried the
matter to such an extreme, and ended with the usual offer of his
services to facilitate an adjustment. Those, however, which most
influenced my course, were from Don José Artalejo (_Juez de Hacienda_,
Judge of the Customs, of Chihuahua), who offered to become responsible
for a favorable issue if I would peaceably return; and another from a
Mr. Sutton, with whom I had formerly been connected in business. The
manly and upright deportment of this gentleman had inspired me with
the greatest confidence, and therefore caused me to respect his
opinions. But, besides my obligation to submit to a mandate from the
government, however arbitrary and oppressive, another [Pg198] strong
motive which induced me to return, in obedience to the Governor's
order, was a latent misgiving lest any hostile movement on my part, no
matter with what justice or necessity, might jeopardize the interests
if not the lives of many of my countrymen in Chihuahua.
With regard to ourselves and our immediate safety, we would have found
but very little difficulty in fighting our way out of the country. We
were all well-armed, and many appeared even anxious to have a brush
with the besiegers. However, I informed the captain that I was willing
to return to Chihuahua, with the three 'criminals,' provided we were
permitted to go armed and free, as I was not aware of having committed
any crime to justify an arrest. He rejoined that {129} this was
precisely in accordance with his orders, and politely tendered me an
escort of five or six soldiers, who should be placed under my command,
to strengthen us against the Indians, that were known to infest our
route. Thanking him for his favor, I at once started for Chihuahua,
leaving the wagons to continue slowly on the journey, and the amiable
captain with his band of _valientes_ to retrace their steps at leisure
towards the capital.
Late on the evening of the third day, I reached the city, and put up
at the American Fonda, where I was fortunate enough to meet with my
friend Artalejo, who at once proposed that we should proceed forthwith
to the Governor's house. When we found ourselves in the presence of
his excellency, my valued friend began by remarking that I had
returned according to orders, and that he would answer for me with his
person and property; and then, without even waiting for a reply, he
turned to me and expressed a hope that I would make his house my
residence while I remained in the city. I could not, of course,
decline so friendly an invitation, particularly as I thought it
probable [Pg199] that, being virtually my bail, he might prefer to
have me near his person. But, as soon as we reached the street, he
very promptly removed that suspicion from my mind. "I invite you to my
house," said he, "as a friend, and not as a prisoner. If you have any
business to transact, do not hold yourself under the least restraint.
To-morrow I will see the affair satisfactorily settled."
{130} The _Junta Departamental_, or State Council, of which Señor
Artalejo was an influential member, was convened the following day.
Meanwhile, every American I met with expressed a great deal of
surprise to see me at liberty, as, from the excitement which had
existed in the city, they expected I would have been lodged in the
safest calabozo. I was advised not to venture much into the streets,
as the rabble were very much incensed against me; but, although I
afterwards wandered about pretty freely, no one offered to molest me;
in fact, I must do the 'sovereigns of the city' the justice to say,
that I was never more politely treated than during this occasion.
Others suggested that, as Trias was one of the most wealthy and
influential citizens of Chihuahua, I had better try to pave my way out
of the difficulty with _plata_, as I could stand no chance in law
against him. To this, however, I strenuously objected. I felt
convinced that I had been ordered back to Chihuahua mainly for
purposes of extortion, and I was determined that the _oficiales_
should be disappointed. I had unbounded confidence in the friendship
and integrity of Don José Artalejo, who was quite an exception to the
general character of his countrymen. He was liberal, enlightened and
honorable, and I shall ever remember with gratitude the warm interest
he took in my affair, when he could have had no other motive for
befriending me except what might spring from the consciousness of
having performed a generous action. [Pg200]
{131} At first, when the subject of my liberation was discussed in the
_Junta Departamental_, the symptoms were rather squally, as some
bigoted and unruly members of the Council seemed determined to have me
punished, right or wrong. After a long and tedious debate, however, my
friend brought me the draft of a petition which he desired me to copy
and sign, and upon the presentation of which to the Governor, it had
been agreed I should be released. This step, I was informed, had been
resolved upon, because, after mature deliberation, the Council came to
the conclusion that the proceedings against me had been extremely
arbitrary and illegal, and that, if I should hereafter prosecute the
Department, I might recover heavy damages. The wholesome lesson which
had so lately been taught the Mexicans by France, was perhaps the
cause of the fears of the Chihuahua authorities. A clause was
therefore inserted in the petition, wherein I was made to renounce all
intention on my part of ever troubling the Department on the subject,
and became myself a suppliant to have the affair considered as
concluded.
This petition I would never have consented to sign, had I not been
aware of the arbitrary power which was exercised over me.
Imprisonment, in itself, was of but little consequence; but the total
destruction of my property, which might have been the result of
further detention, was an evil which I deemed it necessary to ward
off, even at a great sacrifice {132} of feeling. Moreover, being in
duress, no forced concession would, of course, be obligatory upon me
after I resumed my liberty. Again, I felt no very great inclination to
sue for redress where there was so little prospect of procuring
anything. I might certainly have represented the matter to the Mexican
government, and even have obtained perhaps the acknowledgment of my
claims against Chihuahua for damages; but the payment would [Pg201]
have been extremely doubtful. As to our own Government, I had too much
experience to rely for a moment upon her interposition.
During the progress of these transactions, I strove to ascertain the
character of the charges made against me; but in vain. All I knew was,
that I had offended a _rico_, and had been summoned back to Chihuahua
at his instance; yet whether for 'high treason,' for an attempt at
robbery, or for contempt to his _señoría_, I knew not. It is not
unusual, however, in that 'land of liberty,' for a person to be
arrested and even confined for weeks without knowing the cause. The
writ of _Habeas Corpus_ appears unknown in the judicial tribunals of
Northern Mexico.
Upon the receipt of my petition, the Governor immediately issued the
following decree, which I translate for the benefit of the reader, as
being not a bad specimen of Mexican grand eloquence:
"In consideration of the memorial which you have this day directed to
the Superior Government, His Excellency, {133} the Governor, has been
pleased to issue the following decree:
"'That, as Don Angel Trias has withdrawn his prosecution, so far as
relates to his personal interests, the Government, using the equity
with which it ought to look upon faults committed without a deliberate
intention to infringe the laws, which appears presumable in the
present case, owing to the memorialist's ignorance of them, the grace
which he solicits is granted to him; and, in consequence, he is at
liberty to retire when he chooses: to which end, and that he may not
be interrupted by the authorities, a copy of this decree will be
transmitted to him.'
"In virtue of the above, I inclose the said decree to you, for the
purposes intended.
"God and Liberty. Chihuahua, Nov. 9, 1839.
"AMADO DE LA VEGA, Sec.
"TO DON JOSIAH GREGG."
Thus terminated this 'momentous' affair. The moral of it may be summed
up in a few words. A citizen [Pg202] of the United States who, under
the faith of treaties, is engaged in his business, may be seized and
harassed by the arbitrary authorities of Chihuahua with perfect
impunity, because experience has proved that the American Government
winks at almost every individual outrage, as utterly unworthy of its
serious consideration. At the same time, the Indians may enter, as
they frequently do, the suburbs of the city,--rob, plunder, and
destroy life, without a single soldier being raised, or an effort made
to bring the savage malefactors within the pale of justice. But a few
days before the occasion of my difficulty at Torreon, the Apaches had
killed a ranchero or two in the immediate neighborhood of the same
village; and afterwards, {134} at the very time such a bustle was
being made in Chihuahua to raise troops for my 'special benefit,' the
Indians entered the corn-fields in the suburbs of the city, and killed
several _labradores_ who were at work in them. In neither of these
cases, however, were there any troops at command to pursue and
chastise the depredators--though a whole army was in readiness to
persecute our party. The truth is, they felt much less reluctance to
pursue a band of civil traders, who, they were well aware, could not
assume a hostile attitude, than to be caught in the wake of a band of
savages, who would as little respect their lives as their laws and
their property.
Early on the morning of the 10th, I once more, and for the last time,
and with anything but regret, took my leave of Chihuahua, with my
companions in trouble. Toward the afternoon we met my old friend the
captain, with his valiant followers, whom I found as full of urbanity
as ever--so much so, indeed, that he never even asked to see my
passport.
On the evening of the next day, now in the heart of the savage haunts,
we were not a little alarmed by the appearance of a large body of
horsemen in the distance. [Pg203] They turned out, however, to be
_Paseños_, or citizens of the Paso del Norte. They were on their way
to Chihuahua with a number of pack-mules laden with apples, pears,
grapes, wine, and _aguardiente_--proceeds of their productive orchards
and vineyards. It is from El Paso that Chihuahua is chiefly supplied
with fruits and {135} liquors, which are transported on mules or in
carretas. The fruits, as well fresh as in a dried state, are thus
carried to the distant markets. The grapes, carefully dried in the
shade, make excellent _pasas_ or raisins, of which large quantities
are annually prepared for market by the people of that delightful town
of vineyards and orchards, who, to take them altogether, are more
sober and industrious than those of any other part of Mexico I have
visited; and are happily less infested by the extremes of wealth and
poverty.
On the 13th, I overtook my wagons a few miles south of El Paso, whence
our journey was continued, without any additional casualty, and on the
6th of December we reached Santa Fé, in fine health and spirits.
FOOTNOTES:
[122] The distance from Chihuahua to Durango is about five hundred
miles, and from thence to Aguascalientes it is nearly three
hundred--upon the route we travelled, which was very circuitous. All
the intermediate country resembles, in its physical features, that
lying immediately north of Chihuahua, which has already been
described.--GREGG.
[123] Jesus-Maria is still a mining town in western Chihuahua, in the
heart of a sierra of the same name.--ED.
[124] Water has sometimes accumulated so rapidly in this mine as to
stop operations for weeks together.--GREGG.
[125] The Mexican money table is as follows: 12 _granos_ make 1
_real_; 8 _reales_, 1 _peso_, or dollar. These are the divisions used
in computation, but instead of _granos_, the copper coins of Chihuahua
and many other places, are the _claco_ or _jola_ (1/8 real) and the
_cuartilla_ (1/4 real). The silver coins are the _medio_ (6-1/4
cents), the _real_ (12-1/2 cents), the _peseta_ (2 reales), the
_toston_ or half dollar, and the _peso_ or dollar. The gold coins are
the _doblon_ or _onza_ (doubloon), with the same subdivisions as the
silver dollar, which are also of the same weight. The par value of the
doubloon is sixteen dollars; but, as there is no kind of paper
currency, gold, as the most convenient remittance, usually commands a
high premium--sometimes so high, indeed, that the doubloon is valued
in the North at from eighteen to twenty dollars.--GREGG.
[126] See Kendall, _Texan Santa Fé Expedition_, ii, pp. 66-73.--ED.
[127] For Hidalgo, see our volume xix, p. 176, note 11 (Gregg).--ED.
[128] For Guerrero and Iturbide see Pattie's _Narrative_, in our
volume xviii, p. 314 (note 130), p. 362 (note 141).--ED.
[129] Trias, while yet a youth, was dispatched by his adopted father
to take the tour of Europe and the United States. He was furnished for
'pocket money' (as I have been told) with nearly a hundred _barras de
plata_, each worth a thousand dollars or upwards. This money he easily
got rid of during his travels, but retained most of his innate bigotry
and self-importance: and, with his knowledge of the superiority of the
people among whom he journeyed, grew his hatred for foreigners.
--GREGG.