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Show TERRITORY ea sauren EP OF THE REPUBLIC OF MEXICO 13 with the finger and thumb.’® When no witnesses were subpeenaed, oftentimes the alealde would render judgment solely upon the statements of the parties to the litigation. There was no record in writing of these proceedings preserved by the alcalde. There was also a sort of arbitration by which the issues in a given complaint were referred to what were denominated hombres buenos. This proceeding was approximately a trial by jury. In all of the judicial proceedings little attention was paid to any code of laws; in fact there was scarcely an alcalde who knew what the law was or who ever saw a law-book. The judgment of the alcalde was the law, and when not influenced by corrupt agencies, such judgment conformed to the prevailing customs of the country. There were no lawyers or jueces de letras in New Mexico at this time and the prosecution of appeals to the courts of Chihuahua, Durango, or Zacatecas was rare on account of the immense cost.2# In the administration of justice there were three distinct and privileged jurisdictions, known as Feros: the eclesidstico, which provided that no member of the clergy, at least of the rank of curate and upwards, should ever be arraigned before a civil tribunal, but Should be tried by his superiors in the order; the militar, which ape1 made a similar provision in favor not only of commissioned officers but of every common soldier of the ranks; and the civil or ordinary courts, for all cases in which the defendants were laymen. Under the laws of Spain these Fueros were charters or privileges granted to kingdoms, provinces, towns, or persons, and played a vocales Santiago Armijo Felipe Sena The August last session 10, 1846. (? suplentes Nicolas Quintana y Rosas) The first 2 vocales above were of ‘‘los antiguos,’’ who at the former election were named for the fouryear term. of the It is of Asamblea interest Departamental to note that of New the Supreme Mexico was on Government con- suspended, but tinued Central in form until August 5, 1846, when it became again a Federal Republic. By the law of Aug. 22, 1846, the Constitution of 1824 was provisionally reéstablished ; the Departmental Assemblies being the governors continuing as ‘“governors of the States.’’ 10 It is noticeable today that when Spanish speaking citizens of New Mexico are Sworn as witnesses in a given case, many of them use the sign of the cross with the fore-finger crossing the thumb of the uplifted hand. 11 Barreiro, in his Ojeada, 38-9, says: ‘‘jamas se castigan los delitos, porque no hay en lo absoluto quien sepa formar una sumaria, evacuar una de- fensa, ni llevar la voz fiscal;’’ that few were able to carry their cases to Mexico; and that he despaired of being able to introduce order into the admin- |