THB GOVERNMENT. 137 



law arc ever exacted, and it is difficult to understand why um-li ]>un lament* should still bo 

 tlireatcned by the statute-book. One or two cases will be citd from the official law journal of 

 the same epoch as the hint, premising that, next to suits for the recovery of money, those which 

 are tin- mst numerous are for assault with knives, and rape. By law, the penalty for the last 

 crime is <1> ,uli : hut, in the report of every case read, the sentence runs somewhat as follows: 



"Against C. Ogalde, for rape. Santiago, June 5, 1850. Seeing that the criminal, Carmen 

 Ogalde, confesses having committed a rape, with force and violence, on the person of Carmen* 

 Carthagena, a child of seven years, whom he surprised on a public highway; in accordance with 

 the disposition of the law, 3' tit. 20, part 7*, he is condemned to the customary penalty of 

 death, with costs. Appealed from. 



"Supreme Court, Santiago, July 27, 1850. The sentence appealed from is confirmed; but, 

 taking into consideration that the law on which it is based is not now in use, because of ite 

 excessive rigor, its execution is suspended, whilst it is presented to the President of the republic; 

 this tribunal believing that it would be equitable to commute the punishment proposed, for six 

 years of hard labor in the house of correction, with the understanding that, if the prisoner does 

 not conduct himself well, he shall be sent to the general presidio (penal colony) to complete 

 the sentence, which shall be counted from the fifth of April last." 



The next case is not less remarkable, and shows how little regard is paid to the plain terms of 

 the law. 



"Against Don Ambrosio Maria. Ramirez, for seduction. Don Ambrose Maria. Ramirez was 

 accused by Don Joseph Miranda of having seduced and committed rape on the person of his 



god-daughter, Doiia , an orphan, of eighteen years, living in his house and treated with 



all the attention of a truly adopted child Ramirez having accidentally met her whilst a guest 

 in the house. The criminal denies the charge, but confesses that, before the event, he had 

 asked the young lady if she loved him ; that on the night of 31st January last she was surprised 

 in his room ; and, latterly, in a letter to his brother, he has acknowledged that he slept with 



Doiia , committing certain frailties with her ; which confessions import a legal conviction 



of the crime of seduction, with violation of confidence, there being no evidence to show that the 

 said letter was written under the influence of bodily fear or threatened violence, as Ramirez 



alleges. The assertion of the accused, that he was provoked to the act by Dona herself, 



is also rejected, although he proves this, by her reply to the interrogatory of f. 22 ; for the law, 

 1* tit. 19, part 7 a , does not excuse the crime, although it be shown that it was by consent of the 

 woman ; because it supposes that the flattery of virtuous women with vain promises is a danger- 

 ous power towards making them badly use their persons. Rape has always been punished in 

 Chile in accordance with the law laid down in Chap. I of the decrees of Gregory IX. Inasmuch 

 as the penalty of confiscation expressed in the 3d law, 20th tit. part 7th, is abolished by the 

 political constitution, and, in the present case, the criminal has not only committed the offence, 

 but has abused the hospitality and confidence of the girl's adopted father, the penalty should be 

 inflicted on him which is explicitly cited in law 2d tit. 29, lib. 12, Nov. Recap., to wit: that of 

 death, and this sentence is imposed on said Ambrose Maria. Ramirez, with costs. Appealed 

 from. 



"Santiago, August 7, 1850. The sentence appealed from is confirmed; but, taking into 

 consideration that the punishment imposed is excessively rigorous, and that the law which 

 decrees it is not now in use, execution of the sentence will be suspended in the interim, until it 

 is presented to the President of the republic that this tribunal believes it would be conformable 

 with equity to commute it for eight years' imprisonment in the public jail, unless Don Ambrose 

 Maria. Ramirez will either marry Doiia or pay her damages to the amount of two thou- 

 sand dollars." 



* Carmen, Jesuc, and one or two other naiuet, are given to both sexes. 



18 



