Early Western Travels 1748-1846, Volume XX (Illustrated)

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 [p022] 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 [p023] 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] [p024] 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,