law are ever exacted, and it is difficult to understand why such punishments should still be threatened by the statute-book. One or two cases will be cited from the official law journal of the same epoch as the last, premising that, next to suits for the recovery of money, those which are the most numerous are for assault with knives, and rape. By law, the penalty for the last crime is death; but, 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 its 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, Doña -, 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 Doña 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 Doña herself, is also rejected, although he proves this, by her reply to the interrogatory of f. 22; for the law, 1a tit. 19, part 7, 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 dangerous 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 Doña or pay her damages to the amount of two thou

sand dollars."

* Carmen, Jesus, and one or two other names, are given to both sexes.

The number of individuals and courts empowered to decide litigated cases of different characters may be judged of from the following synoptical table:

Table showing the Tribunals and Judges according to the constitutional division of the Republic.

The Inspector.

The Sub-delegate. 1. The Alcalde.

2. Censors of the press.

3. The Governor.

4. Market Masters.

1. Primary Judge, civil cases.

2. Primary Judge, criminal cases.
3. Law Officer of Treasury.

4. Commercial Deputy.
5. Custom-house court.
6. Public roads.

7. Military Judges.

8. Commercial court.

9. The Intendente.

With ordinary jurisdiction.

1. The Supreme Court.

With administrative jurisdiction.

2. The Tribunal of Accounts.

3. The Supreme Exchequer.

4. The Council of State.

With political jurisdiction.

5. Congress.

6. The Senate.

7. The Chamber of Deputies.

8. The President.

With international jurisdiction. 9. The Mixed Commission.

With ordinary civil jurisdiction.
1. The Courts of Appeal.

With ecclesiastical jurisdiction.
2. The Ecclesiastical Judges.
1. Arbitrators.

2. Practical Judges.

3. Family Council.
4. Juries.

Many of these, it will be seen, have no corresponding tribunals in the United States. First in order are the censors of the press. These actually consist of two bodies, over both of which the primary criminal judge presides. The first comprises nine jurymen, to whom is presented the printed matter complained of. Should a majority of them decide that there is cause for indictment, the accusation is made, and a second jury of three find whether the publication is blasphemous, immoral, seditious, or injurious-penalty or acquittal being awarded in proportion to the degree of turpitude. Juries are drawn by lot from a list of sixty names, prepared annually-those of ecclesiastics, advocates, notaries, and government officers, being excluded. The judge only may sit in both bodies: from the decision there is no appeal.

The custom-house court, composed of the primary civil judge, the collector of the customs at

the place, and the commercial judge, is empowered to decide irrevocably on matters of confiscation for violation of revenue laws, to an amount not exceeding $300.

The consulado, or commercial court, comprises a prior, first and second consuls, three subpriors or consuls, an assessor, and a notary. They have cognizance of all disputes arising out of mercantile transactions of every kind, bankruptcy, and shipwreck. They may decide verbally, and without appeal, all questions where the amount involved does not exceed $600. Whatever the sum at stake in the suit, the sentence pronounced is invariably to be executed, whether appeal be filed or not; but in case of appeal, or other admissible recourse to annul sentence, the party in whose favor it has been given must furnish bond, with proper security, that he will fulfil the decision of the higher court.

There are ecclesiastical courts in each of the five dioceses. They have cognizance of all church benefices, chapels, divorces, nullity and illegality of marriages, nullity of (religious) profession, heresy, simony, and, in general, everything relating to spiritual affairs. The vicars general, or others to whom the bishop may delegate authority, are judges in these courts, for the exercise of whose functions, or execution of whose mandates, the secular authority is bound to render all necessary aid.

The mixed commission owes its establishment to the seventh article of a treaty relative to the slave trade, made in 1839 with England. Each of the high contracting parties names a judge and an arbiter, and a secretary or actuary is added by the government of the country where the court is in session. As might be inferred, this is an eventual tribunal, whose jurisdiction refers wholly to contingent causes.

The family council: When the parents of a male of eighteen, or of a female sixteen years of age refuse assent to marriage, the aggrieved may appeal to the Intendente, or Governor, who is required to summon five of the nearest relatives of the applicant, and preside at their deliberations, though without the right of discussion. The relatives examine into the causes of resistance or dissent to the marriage by the parent, and may confirm or annul it; but this appeal made, the judgment rendered cannot be departed from.

Judges are appointed during good behavior, except those who decide matters relating to trade, or the ordinary magistrates, who have specified terms of service; but even the latter cannot be removed during the periods for which they were appointed, unless legally convicted of crime or malversation. They are held personally accountable for bribery, neglectful observance of the laws governing the cause under trial, prevarication, or distorted administration of justice. Neither Congress nor the President may exercise judicial functions, advocate pending causes, or revive decided suits in any case. Nevertheless, as president of the Council of State, the Chief Magistrate of the nation necessarily intervenes in the administration of justice, conceding pardons and mitigations of sentence to criminals not convicted of offences against the State, appointing the judges of many of the tribunals, and watching over the ministerial conduct of these guardians of the law.

Slavery is prohibited, and all who tread the territory are free. Even traffic in slaves is forbidden the Chileno; nor is a stranger engaged in it permitted to reside in Chile. The domicil and epistolatory correspondence are inviolable, unless, in execution of law by competent authority, it become necessary to make examination. Personal service or contribution to the State or local authorities can only be exacted under specific laws-it being prohibited to every officer of the State to demand or receive them under any pretext whatever. No armed body may deliberate, demand aid, or make requisitions, except by the sanction of and through the civil authorities; and every concession obtained of the President, the Senate, or Chamber of Deputies by an armed force or mob, is illegal, and of no effect. No magistrate, person, or body of men, under any pretext, assume other powers than are conferred by law; and he who arrogates to represent the people is guilty of sedition. These are some of the rights and privileges guarantied; but when any portion of the republic is declared under martial law, either by the President with sanction of the Council of State, or by Congress, the constitution is suspended in the

may,

district specified. During the period, which must be stated in the edict, the only punishments that can be inflicted legally are imprisonment or translation from one part of the republic to another-the penal colony at Magellan, Juan Fernandez, or Atacama.

Regarding education as of paramount importance, the framers of the constitution of 1833 pledge Congress to prepare a general plan for national education, to appoint a superintendent charged with inspecting the modes of instruction, and to instruct the minister under whose control the subject is placed to render an annual account of its progress and all matters pertaining to it throughout the republic. And liberally has Congress voted money, year after year, to carry out the noble purpose, offering instruction, "without money and without price,” to all who offer, whether at the primary school or the highest collegiate institution of the land. Passing from administrative and judicial officers to subordinate agents of the government, it need only be stated, that the annual expenditure for those in its employ on the first of January, 1851, was:

For salaries and expenses of Congress

Intercourse with foreign nations
Department of the interior

Administration of justice

Expenses of public worship

Expenses of education

$9,857 09

56,456 84

512,004 48

206,559 22

195,583 41

249,626 15

914,551 54

72,167 85

514,319 15

925,171 95

159,241 06

264,927 97

$4,080,466 71

To meet which there was in the treasury, on the first of January of that year, $2,620,562 78,

The public debt of Chile, most of which was contracted during the revolution, amounted, on the first of August, 1851, to $9,155,975; on which the interest has regularly been paid for many years. This sum consists of 7,611 sterling bonds for £100 each, bearing six per cent. interest, and 6,961 similar bonds bearing 3 per cent. interest, all of which were negotiated in England. The original loan, obtained in 1822, was one million pounds sterling, at an interest

* Tobacco and playing-cards.

of six per cent.; but payment of interest having been withheld for a long time, a compromise was effected with the creditors in 1842, by which the debt was settled at $8,452,700, divided into stocks of two rates; and a sinking fund was to be created, from which Chile was to redeem its obligations at the current prices. Of the Anglo-Chilean loan, a million and a half of dollars was yielded to Peru, to aid in its struggles for republican government; and on this no interest has been paid. In 1852, Congress authorized President Montt to hypothecate both debt and interest in favor of the railroad between Santiago and Valparaiso. Punctual in the fulfilment of its own obligations even amid civil war, Chile deservedly stands well on 'Change, and its bonds (6's) are constantly quoted above their par value.

The internal debt ($1,869,975) has been incurred at various times, and the rates of interest paid are from three to ten per cent.-twelve per cent. being the common and legal rate in mercantile transactions. There is a sinking fund in operation for the liquidation of this obligation also; and, as the revenues exceed the current expenses already, it is reasonable to suppose that the means at disposal for this purpose will increase in rapid ratio with the grand improvements in intercommunication commenced under the auspices of the late President. Few nations have shown such broad and liberal views, such meritoriously emulous desire to command the admiration of contemporaries. Presenting to mankind the spectacle of stable and systematic government, unsurpassed climate and soil, a profitable market for foreign and domestic products, protection to all industrial pursuits, more than regal patronage to science and art, but two further acts of its legislature seem necessary to advance the moral and physical wealth and population in unprecedented ratios. These are: abolition of tithe laws and the exclusive church; both of which, as at present administered, are demoralizing and suicidal to a degree appreciable only by those who long to see Chile occupy the rank among nations to which numbers, culture, liberal institutions, and wealth would entitle her.