405
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2 revisions | josiembrum at Oct 08, 2018 09:54 AM | |
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405CHILE. 405 [of porphyry or marble. The apo-ulmcnes and 6. Its political form , — The clearest and most however, as their superiors, or rather as the first 7. Civil institutions . — The civil laws of a so- Translation | 405CHILE. 405 [of porphyry or marble. The apo-ulmcnes and the ulmenes carry staves with silver heads, but the first, by Avay of distinction, have a ring of the same metal around the middle of their staves. AH these dignities are hereditary in the male line, and proceed in the order of primogeniture. Thus have the dukes, the counts, and marquises of the mili- tary aristocracy of the north been established, from time immemorial, under different names, in a corner of South America. With its rescinblance to the feudal system, this government contains also almost all its defects. The toqui possesses but the shadow of sovereign authority. The triple power that constitutes it is vested in the great body of the nobility, who decide every important question, in the manner of the ancient Germans or modern Poles, in a general diet, which is called bidacoi/o^ or aucacoijog^ the great council, or council of the Araucanians. This assembly is usually held in some large plain, wlierethey combine the pleasures of the table with their public deliberations. Their code of laws, which is traditionary, is denominated admapu^ that is to say, the customs of the country. In reality, these laws are nothing more than pri- mordial usages or tacit conventions, that have been established among them, as was originally the case with almost all the laws of other nations; they have consequently all the defects peculiar to such systems. 6. Its political form , — The clearest and most explicit of their political and fundamental laws are those that regulate the limits of each authority, the order of succession in toquiates and in the ulmenates, the confederation of the four tetrar- chates, the choice of the power of the comman- ders in chief in time of war, and the right of con- voking the general diets, which is the privilege of the toquis ; all these laws have for their object the preservation of liberty, and the established form of government. According to them, two or more states cannot be held under the rule of ttie same chief. Whenever the male branch of the reigning family becomes extinct, the vassals re- cover iheir natural right of electing their own chief from that family which is most pleasing to them. But before he is installed, he must be pre- sented to the toqui of their uthal-mapu, who gives notice of his election, in order that the new chief may be acknowledged and respected by all in that quality. The subjects are not, as under the feudal government, liable to a levT/, or to any kind of personal service, except in time of war. Neither are they obliged to pay any contributions to their chiefs, who must subsist themselves by means of their own property. They respect them. however, as their superiors, or rather as the first among their equals ; they also attend to their deci- sions, and escort them whenever they go out of the state. These chiefs, elated with their authority, would gladly extend its limits, and govern as ab- solute masters; but the people, who cannot endure despotism, oppose their pretensions, and compel them to keep within the bounds prescribed by their customs. 7. Civil institutions . — The civil laws of a so- ciety whose manners are simple, and interests but little complicated, cannot be very numerous. The Araucanians have but a few; these, however, would be sufficient for their state of life, if thev were more respected and less arbitrary. Their system of criminal jurisprudence, in a particular manner, is very imperfect. The offences that are deemed deserving of capital punishment are treach- ery, intentional homicide, adultery, the robbery of any valuable article, and witchcraft. Never- theless, those found guilty of homicide can screen themselves from punishment by a composition with the relations of file murdered. Husbands and fa- thers are not subject to any punishment for killing their wives or children, as they are declared by their laws to be the natural masters of their lives. Those accused of sorcery, a crime chiefly known in countries involved in ignorance, are first tor- tured by fire, in order to make them discover their accomplices, and then stabbed with daggers. Other crimes, of less importance, are punished by retaliation, which is much in use among them, un- der the name of thaulonco. Justice is administered in a tumultuous and irregular manner, and with- out any of those preliminary formalities that are observed among civilized nations. The criminal who is convicted of a caj>ital offence is imme- tliately put to death, accorditig to the military custom, witliout being suffered to rot in prison; a mode of conffnement unknown to the Araucanians. it has, however, lately been introduced into Tu- capel, the seat of the government of Lauquen- inapu, by Cathicura, the then toqui of that dis- trict ; but the success of this experiment, which was at first very ill received by his subjects, is sup- posed generally to liave failed. The ulmenes arc the lawful judges of their vassals, and for this rea- son their authority is less precarious. The un- conquerable pride of this people prevents them from adopting the wise measures of public justice j they merely possess some general and vague ideas upon the principles of political union, whence the executive pow'er being without force, distribu- tive justice is ill administered, or entirely aban- doned to the caprice of individuals. The injurcdl Translation |