60 



t 



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 suc- 

 cess 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, so 

 much used in their jurisprudence, of genguerin, gen- 

 guman, genla, &c. denoting the principal connec- 

 . tions 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 rela- 

 tives. 



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 



