People v. Hall – California, 1854 (4 Cal. 399); Jaramillo v. Romero – New Mexico, 1857 (1 N.M. 190); People v. Washington – California, 1869 (36 Cal. 658); People v. Brady – California, 1870 (40 Cal. 198)
“[We have] called to mind a period under a former government in this country when no degree of tolerable certainty existed in judicial forms, proceedings, and decisions, and when the laws and their just benefits were so often set aside or crushed under foot by prejudice, corruption, or passion – by interest, power, and despotism. We are fully aware how naturally and easily … have come down from that period notions greatly rigorous as to the power of the master over his servant, and how quickly the former is alarmed as to the retention of his supposed power.” - Justice Kirby Benedict, in Jaramillo | ![]() Peon family in Mexico City - courtesy Library of Congress and Wikimedia Commons “The anomalous spectacle of a distinct people, living in our community, recognizing no laws of this State except through necessity, … whose mendacity is proverbial; a race of people whom nature has marked as inferior … between whom and ourselves nature has placed an impassable difference, is now presented, and for them is claimed, not only the right to swear away the life of a citizen, but the further privilege of participating with us in administering the affairs of our Government.” – Chief Justice Hugh Murray, in Hall
“The reason why the testimony of [Chinese] persons would be valueless in judicial investigations may be that they are incapable of testifying intelligently; that they are too unreliable to be of any service; that their admission would probably defeat justice by producing false testimony… such evidence, it is presumed, would impede rather than advance the cause of justice.” – Justice Jackson Temple, in Brady
|
EMPIRE OF LAWS - The Legal History of the 50 American States > 7. SOUTHWEST LEGAL HISTORY > 7.1 Southwest Legal History: The Frontier Era (1820-1875) > 7.1.1. Southwest Legal History (1820-1875): The Civil Law Tradition > 7.1.2 Southwest Legal History (1820-1875): The Clash Between Common Law and Civil Law > 7.1.3 Southwest (1820-1875): New Resource Use Rules for a New Region >