Page:Mexico, Aztec, Spanish and Republican, Vol 2.djvu/174

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CIVIL AND CRIMINAL PROCESS.

in some measure, by the modification of state and national legislatures 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 constitutional 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 cumbrous 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 should be speedily decided, so are the greedy officials slow in preparing it for a final hearing and decree. The maxim in Mexico is—"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 impunity while every species of chicanery has been taken advantage of to secure their life and liberty. Witnesses are sometimes intimidated, 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 beginning of 1842, several horrible assassinations were perpetrated in