The criminal law of the Araucanians, labours under great imperfections. Treachery, intentional homicide, adultery, witchcraft, and theft, or robbery, when the articles taken are valuable, are considered as capital crimes; though, in cases of homicide, the murderer may expiate his offence by a composition with the friends of the murdered. Fathers and husbands are permitted to kill their children and wives. Sorcerers are at first tortured by fire, to extort the names of their accomplices, and are then stabbed to death by daggers. In crimes of less importance, the administration of jus tice is committed to the caprice of individuals. The injured party pursues and punishes the aggressor; and as the connections of both parties are supposed to be allowed by the laws of nature to support their relatives, these measures of retaliation often terminate in exten sive family quarrels, which are often not extinguished till the possessions of each party have been burned or destroyed. These domestic broils, however, are seldom stained by the effusion of blood. The fist and the club supply the place of deadlier arms; and the ambition of the combatants pants after the property, rather than the lives of their enemies.
The military government of the Araucanians is dis tinguished by many wise regulations, which are not un worthy the imitation of more civilized people. When war is declared to be necessary by the great council of the nobles, they proceed to elect a generalissimo from the Toquis; but if none of these governors possess the talents of a counsellor, the most meritorious of the Ul mencs, or even the officers of the common class, are en trusted with the management of the army. When this high trust is confided to his care, he assumes the title of Toqui, and receives oaths of fealty and obedience from the native Toquis and the other Ulmenes, while the people, generally averse to subordination, submit with alacrity and zeal to their military chief. The comman der in chief, who is a species of military dictator, ap points his vice-toqui, or lieutenant-general, and the other officers of his staff, who again nominate their subaltern officers. The vice-toqui is generally taken from among the Puelches, who constitute one-fourth of the popula tion of Araucania.
When the national assembly have decided upon war, messengers are dispatched to the confederate tribes, and even to the Indians who dwell among the Spaniards, to announce the decision, and to solicit their assistance. A few small arrows, bound together with a red string, the emblem of blood, are the credentials of these har bingers of war; but when hostilities have commenced, the finger of one of their enemies accompanies the ar rows.
The Araucanian army, which is called out by the dif ferent orders of nobility, generally amounts to about five or six thousand men, besides a body of reserve. It ori ginally consisted of infantry; but the havock committed by the Spanish cavalry in 1551, induced them to pro cure a good breed of horses, from which they bad mus tered several squadron of cavalry in 1558. In 1585, this part of their army was regularly organized. Each regi ment of cavalry and infantry consists of one thousand men, and contains ten companies of one hundred men each. The soldiers do not wear uniform, but they are defended by cuirasses of hardened leather, placed be neath their common dress, and are equipped with hel mets and shields of the same materials. The arms of the cavalry are swords and lances ; and those of the infantry, pikes or clubs shod with iron : Bows and slings were formerly their military weapons ; but experience has taught them, that close combat is the only remedy against the destructive effects of the Spanish musquet ry. The art of manufacturing gunpowder, has been carefully concealed from them by the Spaniards, though they are intimately acquainted with the method of using it. During their first conflicts with the Spaniards, they imagined that gunpowder was made from the negroes who accompanied them; but having caught a negro, and burned him to a coal to make the experiment, they discovered the fallacy of their conjecture.
When the army is ready to commence its march, the general allots three days for arranging the business of the campaign. The opinion of every individual is re ceived and considered ; and the general, with the ad vice of its staff, fixes upon the plan which is to be pur sued.
Preceded by their advanced guards, the army, mount ed on horses, begin their march; but before the battle commences, the infantry dismount, and form themselves into companies. Each soldier furnishes his own provi sions, consisting of a small bag of meal, which, when mixed with water, forms their subsistence, till they can live upon the spoils of their enemies. Unincumbered with baggage, they advance and retreat with a rapidity unexampled in modern warfare. Their encampments, guarded by sentinels, and protected from the incursions of the enemy by entrenchments and branches of trees, exhibit the most cautious prudence. To ascertain the vigilance of the army, every soldier is obliged, during night, to keep up a fire before his tent; and by the num ber of the lights, the enemy are often perplexed and deceived.