Images de page
PDF
ePub

5. By purchasing or selling suffrages in the Elections, or by disturbing the order of Election.

XIX. The right of Citizenship is lost:

1. By treason to the Publick Cause.

2. By naturalization in a Foreign Country.

3. By having suffered infamous or corporeal punishment, in consequence of a Judicial condemnation.

TITLE IV.

OF THE ELECTORAL POWER.

CHAPTER I.-Of the Elections.

XX. The Electoral Power shall be directly exercised by those who are actually Citizens, one Elector being chosen for every 100.

XXI. The exercise of the Electoral Power can never be suspended; and the Civil Magistrates, without waiting any order, shall convoke the People precisely at the period prescribed by the Law. XXII. A special Law shall detail the regulations for Elections.

CHAPTER II. Of the Electoral Body.

XXIII. The Electoral Body is composed of the Electors named by the Suffrages of the Citizens.

XXIV. The Electors, being assembled in the Capital of the Province, shall name, by a plurality of votes, a President, 2 Scrutineers, and a Secretary, from their own Body; these shall exercise their functions during the continuance of the Electoral Body.

XXV. Each Electoral Body shall continue 4 Years; at the termination of which it shall cease, after the installation of that which is to succeed it.

XXVI. The Electors shall assemble every Year, on the 2d, 3d, 4th, 5th, and 6th days of January, in order to exercise the following attributes:

1. To qualify the Citizens who enter upon the exercise of their rights, and to suspend those who may fall under the Provisions of Articles XVIII. and XIX.

2. To name the Members of the Chambers of the first Assembly. 3. To propose a List of Candidates:-1st. To the respective Chambers, of the Members who are to supply the vacancies.-2d. To the Executive Power, of meritorious Individuals to be the Prefect of the Department, the Governor of the Province, and the Corregidors of the Cantons and Towns.-3d. To the Prefect of the Department, the Alcaldes and Justices of the Peace, who ought to be appointed. -4th. To the Senate, the Members of the Courts, of the Judicial District to which they belong, and the Judges of First Instance.

4. To receive the Returns of the popular Elections; to examine the identity of the Persons newly elected, and to declare them Constitutionally appointed.

5. To ask from the Chambers whatever they may deem conducive to the welfare of the Citizens: and to complain of any grievance or injustice which they may have experienced from the Constituted Authorities.

TITLE V.

OF THE LEGISLATIVE power.

CHAPTER I.-Of the Division, Attributes, and Restrictions, of this Power.

XXVII. The Legislative Power emanates directly from the Electoral Bodies appointed by the People. Its exercise resides in the 3 Chambers; 1st of Tribunes, 2d of Senators, 3d of Censors.

XXVIII. Each Chamber shall consist of 24 Members during the first 20 Years.

XXIX. On the 20th day of the month of September of each year, the Legislative Body shall assemble of its own accord, without waiting for convocation.

XXX. The particular attributes of each Chamber, shall be detailed in their proper place. They are, generally :

1. To appoint the President of the Republick, for the first time, and to confirm the nomination of his Successors.

2. To approve of the Vice-President, on the proposal of the President.

3. To select a Place for the residence of the Government, and to transfer it to another, when important circumstances render it necessary, and when two-thirds of the Members, who compose the 3 Chambers, shall have declared it expedient.

4. To decide by a National Judgment, (Juicio Nacional) whether or not a necessity exist, for a legal procedure against the Members of the Chambers, the Vice-President, and the Secretaries of State.

5. To invest the President of the Republick, in time of War or extraordinary danger, with such powers as they may deem indispensable to the salvation of the State.

6. To select from amongst the 3 Candidates whom the Electoral Bodies may present, the Members for the vacancies in each Chamber.

7. To make Regulations for their interior government, and to punish the Members who infringe them.

XXXI. The Members of the Legislative Body, shall be eligible to the Offices of Vice-President of the Republick, or Secretaries of State, relinquishing their seats in their respective Chamber.

XXXII. No Individual of the Legislative Body, shall be arrested

during the period of his Office, unless by order of his respective Chamber; or unless he be detected in the commission of a Crime which merits capital punishment.

XXXIII. The Members of the Legislative Body, shall not be responsible for the opinions which they deliver within their Chamber, in the exercise of their functions.

XXXIV. Each Legislature shall continue 4 Years, and each Annual Session 2 months. The opening and closing of the 3 Chambers shall take place at the same time.

XXXV. The opening of the Session shall take place annually, in the presence of the President of the Republick, the Vice-President, and the Secretaries of State.

XXXVI. The Sittings shall be publick, and those Questions of State only, which require secrecy, shall be discussed with closed doors. XXXVII. The Questions in each Chamber shall be determined by an absolute majority of the Votes of the Members present.

XXXVIII. Persons in Office, who are appointed to be Deputies to the Legislative Body, shall be temporarily relieved from the discharge of their duties by other Individuals.

XXXIX. The Restrictions upon the Legislative Body are as follows;

1. No Sitting can be held of either of the Chambers without the presence of one more than the half of the respective Individuals which compose it; but they may compel the absent Members to attend to their duty.

2. Neither of the Chambers can originate a Project of Law, relative to subjects which the Constitution has entrusted to another Chamber, but it may invite the others to take into consideration such Resolutions as it may submit to them.

3. No Member of the Chambers can obtain for himself, during the period of his Office, any other promotion than that in the regular course of preferment.

XL. The Chambers shall be united:

1. At the opening and closing of the Session.

2. For the purpose of enquiring into the conduct of the Ministry, when it be impeached by the Chamber of Censors.

3. For the purpose of revising the Laws, which are returned by the Executive Power.

4. Whenever it be demanded, on sufficient grounds, by one of the Chambers, in the case provided for by Article XXX, Attribute 3d. 5. In order to confirm the Vice-President in the exercise of the Office of President.

XLI. When the Chambers are united, one of their Presidents shall preside in rotation.

CHAPTER II.-Of the Chamber of Tribunes.

XLII. In order to be a Tribune, it is necessary:

1. To be an actual Citizen.

2. To be 25 Years of Age.

3. To have never been condemned in a Criminal Cause.
XLIII. The Chamber of Tribunes shall have the initiative:

1. Concerning the arrangement of the Territorial Division of the Republick.

2. Respecting the Annual Contributions and Publick Expences. 3. In authorizing the Executive Power to negociate Loans, and adopt means for extinguishing the Publick Debt.

4. Respecting the value, type, standard, weight, and denomination of money, and the regulation of weights and measures.

5. Concerning the establishment of Ports of every description. 6. Concerning the construction of roads, causeways, bridges, publick buildings, and the improvement of the Police, and branches of industry.

7. Concerning the Salaries of Publick Functionaries.

8. Concerning the reforms which they may deem necessary in the Departments of Finance and War.

9. In making War or Peace, on the proposition of the Government. 10. Concerning Alliances.

11. In permitting a passage to Foreign Troops.

12. Concerning the Naval and Land Forces for the Year, on the proposition of the Government.

13. In giving Ordinances to the Marine, Army, and National Militia, on the proposition of the Government.

14. Concerning Foreign Affairs.

15. In granting Letters of Naturalization and Citizenship.

16. In granting general Pardons.

XLIV. The Chamber of Tribunes shall be renewed by halves, every 2 Years, and shall have 4 Years duration. In the first Legislature, the half which is to retire at the expiration of 2 Years, shall be determined by lot.

XLV. Tribunes may be re-elected.

CHAPTER III.-Of the Chamber of Senators.

XLVI. To be a Senator, it is necessary :

1. To have the qualifications requisite for an Elector.

2. To be 35 Years of age.

3. To have never been condemned in a Criminal Cause.

XLVII. The Attributes of the Senate are;

1. To form the Civil and Criminal Codes, those of Procedure and

Commerce, and the Ecclesiastical regulations.

2. To originate all Laws relative to judicial reforms.

3. To watch over the prompt administration of Justice, in Civil and Criminal Causes.

4. To originate Laws to prevent infringements of the Constitution and Laws, by Magistrates, Judges, and Ecclesiasticks.

5. To exact responsibility from the superior Tribunals of Justice, the Prefects, Magistrates, and Inferior Judges.

6. To propose, to the Executive Power, a List of Candidates, for the Supreme Tribunal of Justice, the Archbishops, Bishops, Dignitaries, Canons, and Prebends of Cathedrals.

7. To approve or reject the Prefects, Governors, and Corregidors, which the Government may select from the List presented by the Electoral Bodies.

8. To select, from the List which the Electoral Bodies may present, the District Judges, and the Subalterns of every Department of Justice.

9. To regulate the Church preferment, and to propose Projects of Law relative to all Ecclesiastical matters which have relation to the Government.

10. To examine Counciliary Decisions, Bulls, Rescripts, and Pontifical Briefs, in order to their approval or non-approval.

XLVIII. The duration of Members of the Senate shall be 8 Years, and they shall be renewed by one half every 4 Years; the half of the first Legislature which is to retire, being determined by lot.

XLIX. Members of the Senate may be re-elected.

CHAPTER IV.-Of the Chamber of Censors.

L. To be a Censor it is necessary:

1. To possess the qualifications requisite for a Senator. 2. To be 40 Years of age.

3. To have never been condemned even for trifling Offences.

LI. The Attributes of the Chamber of Censors are:

1. To see that the Government fulfils, and causes to be fulfilled, the Constitution, Laws, and Publick Treaties.

2. To accuse the Executive, before the Senate, of infringements of the Constitution, Laws, and Publick Treaties.

3. To demand from the Senate the suspension of the Vice-President and Secretaries of State, should the safety of the Republick urgently demand it.

LII. It belongs exclusively to the Chamber of Censors to impeach, before the Senate, the Vice-President and Secretaries of State, in cases of treason, peculation, or manifest violation of the fundamental Laws of the State.

LIII. If the Senate shall deem the accusation by the Chamber of Censors to be well founded, resort shall be had to a National Judg

« PrécédentContinuer »