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.
In a neighbourhood where the writer resided for several years in the department of Junin, there was a villager of no small local pretension, who held at one time, in his own person, the offices of governor and captain of militia of his district, and, if we remember well, of alcalde also (he being alcalde on the death of the governor whom he succeeded); and in this way he became invested with all the authority of a petty dictator. The province was that of Huanuco, where, through the praiseworthy zeal of Colonel Lucar and Don Pepe (now Colonel) Echegoyen, a troop of cavalry was always kept up in some sort of military order: and the workmen of the different larger estates and little farms around, were called upon to assemble on Sundays under their respective captains; and, at assigned places, to go through some of the simplest military evolutions, using, however, no arms or particular uniform.
These Sunday exercises were generally ill attended; and, of ten or twelve young men on an agricultural estate, it would be usually enough if two or three appeared at one time in the ranks. Upon one occasion, however, when the captain of local militia in the village of Ambo had the honour of having the additional appointment of governor conferred on him, he called upon the writer when indisposed and in bed, and, with great appearance of sympathy and confidential cordiality, congratulated himself upon his promotion, because it would afford him the power, as he had the will, to serve his neighbour. With many such smooth expressions and assurances of kind and honest intentions, calculated to put even a misanthrope off his guard, he ended his visit by requesting that, as it was most desirable to keep up the military spirit of the district, he would expect of the writer that he should use his influence in persuading the young men on his hacienda to attend regularly at the military exercises in the adjacent village; a proposition to which he readily acceded, as it was agreeable to the established laws of the country. On the first or second Sunday following, six fine young men went to attend the exercises at Ambo; and were seized and put into prison, with many others, under strong guard, to be marched off next day as recruits for the line.
The provincial prisons of Peru are in general very bad and insecure, and they are less frequently used than they should be for any better purpose than that already mentioned, viz. confining the useful and industrious husbandman—thus diminishing a race already too scanty, and yet a race on which the prosperity of the country mainly depends:
“Princes and lords may flourish or may fade,