With regard to ourselves and our immediate safety, we would have found but very little difficulty in fighting our way out of the country. We were all well-armed, and many appeared even anxious to have a brush with the besiegers. However, I informed the captain that I was willing to return to Chihuahua, with the three 'criminals,' provided we were permitted to go armed and free, as I was not aware of having committed any crime to justify an arrest. He rejoined that {129} this was precisely in accordance with his orders, and politely tendered me an escort of five or six soldiers, who should be placed under my command, to strengthen us against the Indians, that were known to infest our route. Thanking him for his favor, I at once started for Chihuahua, leaving the wagons to continue slowly on the journey, and the amiable captain with his band of valientes to retrace their steps at leisure towards the capital.
Late on the evening of the third day, I reached the city, and put up at the American Fonda, where I was fortunate enough to meet with my friend Artalejo, who at once proposed that we should proceed forthwith to the Governor's house. When we found ourselves in the presence of his excellency, my valued friend began by remarking that I had returned according to orders, and that he would answer for me with his person and property; and then, without even waiting for a reply, he turned to me and expressed a hope that I would make his house my residence while I remained in the city. I could not, of course, decline so friendly an invitation, particularly as I thought it probable [p199] that, being virtually my bail, he might prefer to have me near his person. But, as soon as we reached the street, he very promptly removed that suspicion from my mind. "I invite you to my house," said he, "as a friend, and not as a prisoner. If you have any business to transact, do not hold yourself under the least restraint. To-morrow I will see the affair satisfactorily settled."
{130} The Junta Departamental, or State Council, of which Señor Artalejo was an influential member, was convened the following day. Meanwhile, every American I met with expressed a great deal of surprise to see me at liberty, as, from the excitement which had existed in the city, they expected I would have been lodged in the safest calabozo. I was advised not to venture much into the streets, as the rabble were very much incensed against me; but, although I afterwards wandered about pretty freely, no one offered to molest me; in fact, I must do the 'sovereigns of the city' the justice to say, that I was never more politely treated than during this occasion. Others suggested that, as Trias was one of the most wealthy and influential citizens of Chihuahua, I had better try to pave my way out of the difficulty with plata, as I could stand no chance in law against him. To this, however, I strenuously objected. I felt convinced that I had been ordered back to Chihuahua mainly for purposes of extortion, and I was determined that the oficiales should be disappointed. I had unbounded confidence in the friendship and integrity of Don José Artalejo, who was quite an exception to the general character of his countrymen. He was liberal, enlightened and honorable, and I shall ever remember with gratitude the warm interest he took in my affair, when he could have had no other motive for befriending me except what might spring from the consciousness of having performed a generous action. [p200]
{131} At first, when the subject of my liberation was discussed in the Junta Departamental, the symptoms were rather squally, as some bigoted and unruly members of the Council seemed determined to have me punished, right or wrong. After a long and tedious debate, however, my friend brought me the draft of a petition which he desired me to copy and sign, and upon the presentation of which to the Governor, it had been agreed I should be released. This step, I was informed, had been resolved upon, because, after mature deliberation, the Council came to the conclusion that the proceedings against me had been extremely arbitrary and illegal, and that, if I should hereafter prosecute the Department, I might recover heavy damages. The wholesome lesson which had so lately been taught the Mexicans by France, was perhaps the cause of the fears of the Chihuahua authorities. A clause was therefore inserted in the petition, wherein I was made to renounce all intention on my part of ever troubling the Department on the subject, and became myself a suppliant to have the affair considered as concluded.
This petition I would never have consented to sign, had I not been aware of the arbitrary power which was exercised over me. Imprisonment, in itself, was of but little consequence; but the total destruction of my property, which might have been the result of further detention, was an evil which I deemed it necessary to ward off, even at a great sacrifice {132} of feeling. Moreover, being in duress, no forced concession would, of course, be obligatory upon me after I resumed my liberty. Again, I felt no very great inclination to sue for redress where there was so little prospect of procuring anything. I might certainly have represented the matter to the Mexican government, and even have obtained perhaps the acknowledgment of my claims against Chihuahua for damages; but the payment would [p201] have been extremely doubtful. As to our own Government, I had too much experience to rely for a moment upon her interposition.
During the progress of these transactions, I strove to ascertain the character of the charges made against me; but in vain. All I knew was, that I had offended a rico, and had been summoned back to Chihuahua at his instance; yet whether for 'high treason,' for an attempt at robbery, or for contempt to his señoría, I knew not. It is not unusual, however, in that 'land of liberty,' for a person to be arrested and even confined for weeks without knowing the cause. The writ of Habeas Corpus appears unknown in the judicial tribunals of Northern Mexico.
Upon the receipt of my petition, the Governor immediately issued the following decree, which I translate for the benefit of the reader, as being not a bad specimen of Mexican grand eloquence:
"In consideration of the memorial which you have this day directed to the Superior Government, His Excellency, {133} the Governor, has been pleased to issue the following decree:
"'That, as Don Angel Trias has withdrawn his prosecution, so far as relates to his personal interests, the Government, using the equity with which it ought to look upon faults committed without a deliberate intention to infringe the laws, which appears presumable in the present case, owing to the memorialist's ignorance of them, the grace which he solicits is granted to him; and, in consequence, he is at liberty to retire when he chooses: to which end, and that he may not be interrupted by the authorities, a copy of this decree will be transmitted to him.'
"In virtue of the above, I inclose the said decree to you, for the purposes intended.