Peru as It Is, Volume 2 (of 2): A Residence in Lima, and Other Parts of the Peruvian Republic, Comprising an Account of the Social and Physical Features of That CountrySmith, Archibald
History
Peru as It Is, Volume 2 (of 2): A Residence in Lima, and Other Parts of the Peruvian Republic, Comprising an Account of the Social and Physical Features of That Country
Smith, Archibald
Peru -- Description and travel
Justice, in all the departments, is administered in the name of the
republic; and in every town there are justices of the peace, whose
business it is to hear both sides of the question at issue, and to
endeavour to bring about an amicable termination without going formally
to law: no demand, civil or criminal, save fiscal cases and others
excepted by law, being admitted, unless this essential preliminary
attempt at reconciliation has been put into practice.
In some of the provinces of the Junin department, as those of Huaylas and
Huamalies, they have not judges duly learned and qualified in judicial
proceedings; and consequently, in those parts, the office of the judge
devolves upon the sub-prefects, who are alike ignorant of the law and
its forms of application. Hence we may suppose they must be very unfit
surrogates in such delicate matters as affect the person and property of
individuals, and the good order of society.
Justice in the civil department is ill administered in Cerro Pasco, for
which the prefect assigns a good reason; namely, that here criminal suits
continually occur to engross the time and attention of the judge, so
that it is impossible for him without assistance to attend to the ready
despatch of merely civil causes, which are less urgent. The public are
great sufferers from this imperfect judicial arrangement; and not only
an additional judge, but several more notaries public, are required for
Cerro in these times, when through the excellent management of Mr. Quiros
in superintending the drainage of the mines and general interests of the
place, rich ore shows itself more and more abundantly. The concourse of
people being increased, a greater number of interests clash together, and
civil as well as criminal suits crowd into court.
NATIONAL MILITIA.
By the articles of the political constitution of Peru, there are supposed
to be in every province bodies of national militia as the guarantee of
the internal order of the state; but, by the same constitution, the armed
force of the nation has no power of political deliberation, as it is
declared to be _essentially obedient_. Happy, indeed, might the state
be, if its army of the line and naval squadron were always obedient to
the laws, and were proof against the influence of corruption, the wily
leaders of faction, and the evils of frequent insurrection!
But in the greater part of the provinces a national militia can hardly be
said to exist, except in name; though men titled captains and colonels of
such corps are scattered about the country, and strut with their insignia
of military importance in hamlets and villages.
Public-domain text, read in full here on John Shaqi.
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