CHAPTER XXIII {VII}

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.[toc]

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 [p194] 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 [p195] 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 [p196] 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 [p197] 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 [p198] 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.