148 



CIVIL AND CRIMINAL PROCESS. 



in some measure, by the modification of state and national legisla- 

 tures under the republic, constitute a vast and chaotic mass of 

 principles, commentaries and decisions, which require a life time 

 of studious toil to master and expound. The mixture of constitu- 

 tional tribunals and specially privileged jurisdictions, under the 

 system of fueros, — created a complication of judicial functions, 

 which greatly narrowed the chances of a pure administration of law. 

 The Mexican advocates, among whom many are distinguished 

 for their learning and studious habits, are not, when considered as 

 a professional body, comparable, either in information or ability, to 

 their British, French, German or American brethren. The cum- 

 brous formalities of Spanish law form a prolific hot-bed of special 

 pleading, chicanery, and delay. A Mexican law suit is a proverb 

 of procrastination. There are cases in Mexico in which the first 

 paper was filed more than a hundred years ago. The suitor is not 

 only impeded by every device that cunning and exaction can throw 

 in his way, but there is cause to believe that the path of justice is 

 sometimes impeded by the barrier of a bribe. If a Mexican lawyer 

 is unable to force his cause to a final verdict, he is at least always 

 prepared to assign plausible reasons for the tedious delay with 

 which it halts and lingers in the forums. Nor is the value of legal 

 costs unknown in Mexico, either by judges, notaries, or clerks. 

 In proportion as the litigants are wealthy, or as it is necessary that 

 their cause sho Id be speedily decided, so are the greedy officials 

 slow in preparing it for a final hearing and decree. The maxim in 

 Mexico is — u mas vale una mala composicion que un buen pleito, " 

 — a bad compromise is better than a good law suit. " There are 

 men," — said a member of the Mexican cabinet to congress, in 

 1830, — " who exercise the right of life and death over their 

 equals, whom the arm of justice does not venture to reach ; and, 

 thus, as the bonds of society are effectually dissolved, individuals 

 owe security, rather to their personal power, than to the protection 

 they have a right to expect from the laws. " There are many 

 criminals throughout the republic who have long offended with im- 

 punity while every species of chicanery has been taken advantage 

 of to secure their life and liberty. Witnesses are sometimes intimi- 

 dated, false oaths sworn, and terrible menaces whispered in the 

 ears of the timid ; nor are these base threats always left unexecuted 

 if the victim is finally condemned and punished. 



In the space of six months, during the end of 1841 and begin- 

 ning of 1842, several horrible assassinations were perpetrated in 



