and govern as absolute masters; but the people, who cannot endure despotism, oppose their pretentions, and compel them to keep within the bounds prescribed by their customs.

The civil laws of a society 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 they 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 treachery, intentional homicide, adultery, the robbery of any valuable article, and witchcraft. Nevertheless, those found guilty of homicide can screen themselves from punishment by a composition with the relations of the murdered. Husbands and fathers 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 only known in countries involved in ignorance, are first tortured 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, under the name of thaulonco. Justice is administered in a tumultuous and irregular manner, and without any of those preliminary formalities, for the most part useless, that are observed among civilized nations. The criminal who is convicted of a capital offence, is immediately put to death, according to

the military custom, without first being suffered to rot in prison, a mode of confinement unknown to the Araucanians. It was, however, a little before my leaving Chili, introduced into Tucapel, the seat of the government of Lauquen-mapu, by Cathicura, the Toqui of that district; but, I know not the success of this experiment,, which was at first very ill received by his subjects.

The Ulmenes are the lawful judges of their vassals, and for this reason their authority is less precarious. The unconquerable pride of this people prevents them from adopting the wise measures of public justice; they alone possess some general and vague ideas upon the principles of political union, whence the executive power being without force, distributive justice is ill administered, or entirely abandoned to the caprice of individuals. The injured family often assumes the right of pursuing the aggressor or his relations, and of punishing them. From this abuse are derived the denominations and distinctions, só much used in their jurisprudence, of genguerin, genguman, genla, &c. denoting the principal connections of the aggressor, of the injured, or the deceased, who are supposed to be authorised, by the laws of nature, to support by force the rights of their relatives.

A system of judicial proceeding so irregular, and apparently so incompatible with the existence of any kind of civil society, becomes the constant source of disorders entirely hostile to the primary object of all good government, public. and private security. When those who are at enmity have a considerable

number of adherents, they mutually make incursions upon each others possessions, where they destroy or burn all that they cannot carry off. These private quarrels, called malocas, resemble much the feuds of the ancient Germans, and are very dreadful when the Ulmenes are concerned, in which case they become real civil wars. But it must be acknowledg ed that they are generally unaccompanied with the effusion of blood, and are confined to pillage alone. This people, notwithstanding their propensity to violence, rarely employ arms, in their private quarrels, but decide them with the fist or with the club.

CHAPTER III.

Military System of the Araucanians; their Arms and Mode of making War.

THE military government of the Araucanians is, not only more rational and better systematized than the civil, but in some respects appears to be superior to the genius of an uncultivated nation. Whenever the grand council determines to go to war, they proceed immediately to the election of a commander in chief, to which the Toquis have the first claim, as being the hereditary generals or stadtholders of the republic. If neither of them is deemed qualified for the command, dismissing all regard for rank,

they entrust it to the most deserving of the Ulmenes, or even the officers of the common class, as the talents necessary for this important station are what alone are required. In consequence, Vilumilla, a man of low origin, commanded the Araucanian army with much honour in the war of 1722; and Curignanca, the younger son of an Ulmen of the province of Encol, in that which terminated in 1773.

On accepting his appointment, the new general assumes the title of Toqui, and the stone hatchet in token of supreme command, at which time the native Toquis lay aside theirs, it not being lawful for them to carry them during the government of this dictator. They likewise, sacrificing private ambition to the public good, take the oaths of obedience and fealty to him, together with the other Ulmenes. Even the people, who in peace shew themselves repugnant to all subordination, are then prompt to obey, and submissive to the will of their military sovereign. He cannot, however, put any one to death without the consent of the principal officers of his army, but as these are of his own appointment, his orders may be considered as absolute.

From the arrival of the Spaniards in the country to the present time, it is observable that all the Toquis who have been appointed in time of war were natives of the provinces of Arauco, of Tucapel, of Encol, or of Puren. Whether this partiality is owing to some superstitious notion, or rather to some ancient law or agreement, I am unable to determine; appears, however, to be repugnant to the principles of sound policy, as it is very rare for the com

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ponent parts of a state to maintain themselves long in a state of union, when they do not all participate equally in the advantages of the government. But it is a peculiarity worthy of admiration, that this discrimination has hitherto produced no division among them.

One of the first measures of the national council, after having decided upon war, is to dispatch certain messengers or expresses, called guerquenis, to the confederate tribes, and even to those Indians who live among the Spaniards, to inform the first of the steps that have been taken, and to request the others to make a common cause with their countrymen.. The credentials of these envoys are some small arrows tied together with a red string, the symbol of blood. But if hostilities are actually commenced, the finger of a slain enemy is joined to the arrows. This embassy, called pulchitum, to run the arrow, is performed with such secrecy and expedition in the Spanish settlements, that the messengers are rarely discovered.

The Toqui directs what number of soldiers are to be furnished by each Uthalmapu; the tetrarchs in their turn regulate the contingencies of the ApoUlmenes, and these last apportion them among their respective Ulmenes. Every Araucanian is born a soldier. All are ready to proffer their services for war, so that there is no difficulty in raising an army, which usually consists of five or six thousand men, besides the corps de reserve, which are kept in readiness for particular occasions, or to replace those. killed in battle,

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