before the Accused be placed at the disposal of the competent Tribunal or Judge.

3. He cannot deprive any Individual of his property, unless the Publick interest urgently demand it; and a just indemnification shall, in such case, be made to the Proprietor.

4. He cannot impede the Elections, nor other Functions which the Laws have confided to the Powers of the Republick.

5. He cannot absent himself from the Territory of the Republick, nor from the Capital, without the permission of the Legislative Body.

CHAPTER II. Of the Vice-President.

LXXXV. The Vice-President is nominated by the President of the Republick, and approved by the Legislative Body, in the mode prescribed in Article LVII.

LXXXVI. The mode of succession shall be determined by a Special Law, comprehending all cases which can occur.

LXXXVII. To be Vice-President, the same qualifications are requisite as for President.

LXXXVIII. The Vice-President of the Republick is the Chief of the Ministry.

LXXXIX. He shall be responsible, together with the Secretary of State of the respective Department, for the administration of the State.

Xe. He shall despatch and sign, in the name of the Republick and of the President, all the Affairs of the Administration, together with the Secretary of State of the respective Department.

XCI. He shall not absent himself from the Territory of the Republick, nor from the Capital, without the permission of the Legislative Body.

CHAPTER III. Of the Secretaries of State.

XCII. There shall be Four Secretaries of State, who shall act under the immediate Orders of the Vice-President.

XCIII. No Tribunal nor Publick Authority shall fulfil the Orders of the Executive, which are not signed by the Vice-President, and the Secretary of State of the Department to which they relate.

XCIV. The Secretaries of State shall be responsible, with the Vice-President, for all Orders which they may authorize, contrary to the Constitution, Laws, and Publick Treaties.

XCV. They shall make out the Annual Estimates of the Expences, which may be necessary for their respective Departments, and shall render an Account of those which may have been incurred in the preceding Year.

XCVI. To be a Secretary of State, it is necessary:

1. To be an actual Citizen.

2. To be 30 Years of age.

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

TITLE VII.

OF THE JUDICIAL POWER.

CHAPTER I.-Of the Attributes of this Power.

XCVII. The Tribunals and Courts of Justice shall exercise no other Functions than those of applying the existing Laws.

XCVIII. The Magistrates and Judges shall hold their Offices during good behaviour.

XCIX. The Magistrates and Judges cannot be suspended from their Offices, unless in the cases determined by Law; the application of which, in regard to the former, appertains to the Chambers of Senators; and, as respects the latter, to the District Courts, with the previous cognizance of the Government.

C. Every serious Offence, which the Magistrates and Judges commit, in the discharge of their respective duties, may be prosecuted by popular accusation, and be commenced within the period of a Year, through the medium of the Electoral Body.

CI. Justice shall be administered in the name of the Nation, and the Judgments and Orders of the Superior Tribunals shall be issued in that form.

CHAPTER 11.-Of the Supreme Court.

CII. The highest judicial Magistracy of the State shall reside in the Supreme Court of Justice.

CIII. It shall be composed of a President, 6 Members, and a Fiscal, divided into the requisite Chambers.

CIV. To be a Member of the Supreme Tribunal of Justice, it is necessary:

1. To be 35 Years of age.

2. To be an actual Citizen.

3. To have been a Member of one of the Judicial District Courts. CV. The Attributes of the Supreme Tribunal of Justice are:

1. To take cognizance of Criminal Accusations against the VicePresident of the Republick, the Secretaries of State, and the Members of the Chambers, whenever the Legislative Body shall decree that there is ground for a prosecution.

2. To take cognizance of all contentious Causes relating to National Church Preferment.

3. To examine Bulls, Briefs, and Rescripts, when they relate to Civil matters.

4. To take cognizance of contentious Causes respecting Ambassadors, Resident Ministers, Consuls, and Diplomatick Agents.

5. To take cognizance of Cases of the removal of Magistrates from the Judicial District Courts, and Departmental Prefects.

6. To settle Controversies between the Courts of Justice, and between them and other Authorities.

7. To take cognizance, in the third instance, of Accusations against Publick Functionaries.

8. To hear the doubts of other Tribunals respecting the meaning of any Law; and to consult with the Executive as to the proceedings to be had, in relation thereto, in the Chambers.

9. To take cognizance of Appeals of Nullity, brought against Sentences pronounced, in the last instance, by the Courts of Justice.

10. To examine the state and progress of Civil and Criminal Causes, pending in the District Courts, in the manner established by Law.

11. To exercise the high directional, interior, and correctional controul, over the Tribunals and Courts of Justice of the Nation.

CHAPTER III.-Of Judicial District Courts.

CVI. In order to be a Member of these Courts, it is necessary: 1. To be 30 Years of age.

2. To be an actual Citizen.

3. To have been a Law Judge, or a respectable Advocate for 5 Years.

CVII. The Attributes of the Judicial District Courts are:

1. To take cognizance, in the second and third instance, of all Civil Causes, of Common Law, Publick Finance, Commerce, Mining, Seizures, and Confiscations, aided by an Individual of those branches, respectively, in the capacity of Assistant Judge.

2. To take cognizance of Controversies between the inferior Justices of their Judicial District.

3. To take cognizance of Charges of Violence, brought before them by the Ecclesiastical Tribunals and Authorities within its Territory.

CHAPTER IV.-Of Judicial County Courts.

CVIII. Judicial County Courts shall be established in the Provinces, in equal proportions; and, in each Capital of a County, there shall be a Law Judge, with a Court of Justice, as determined by Law.

CIX. The cognizance of these Courts shall be limited to litigious Causes, and they can determine, without appeal, in Civil Cases not exceeding 200 dollars.

CX. To be a Law Judge it is necessary :

1. To be 28 Years of age.

2. To be an actual Citizen.

3. To have been admitted as an Advocate in a Tribunal of the Republick.

4. To have exercised the Profession for 4 Years, with credit.

CXI. The Law Judges are personally responsible for their conduct to the Judicial District Courts, as are the Members of the latter to the Supreme Tribunal of Justice.

CHAPTER V.-Of the Administration of Justice.

CXII. There shall be Justices of the Peace in each Town, who shall act as Conciliators; and no Civil or Criminal Cause shall be commenced, which shall not have been previously submitted to them.

CXIII. The duty of these Conciliators shall be limited to the hearing the statements of the Parties, to the informing them of their rights, and to the effecting between them a satisfactory accommodation.

CXIV. Fiscal Prosecutions shall not be submitted for conciliation. CXV. Judgments in 3 instances only are recognized.

CXVI. Recourse to notorious injustice is abolished.

CXVII. No Peruvian shall be arrested, without previous information, for Crimes meriting corporeal punishment, nor without a written Order from the Judge before whom he is to appear: excepting in the Cases mentioned in Articles LXXXIV. (Restriction 2d,) CXXIII. and CXXXIII.

CXVIII. At this stage of the Proceedings, if possible, the information shall be taken even without oath, but this formality shall not be deferred in any case, for a longer period than 48 hours.

CXIX. Any Person detected in the commission of a Crime, may be arrested by any Individual, and taken before the Judge.

CXX. In Criminal Causes, the Proceedings shall be publick; the crime being recognized and declared by Juries, (when they are established) and the Law applied by the Judges.

CXXI. The use of torture, and forced confession, shall be abolished for ever.

CXXII. The confiscation of goods, and all cruel punishments, and those of descending infamy, shall be abolished. The Criminal Code shall restrict, as far as possible, the application of Capital Punishment.

CXXIII. If, under any extraordinary circumstances, the security of the Republick should require the suspension of any of the formalities prescribed in this Chapter, the Chambers may decree such suspension. And, should they not be assembled, the Executive may exercise such function, as a provisional measure, and shall render an account of the same at the succeeding opening of the Chambers; it being responsible for any abuses which may have been committed.

TITLE VIII.

OF THE INTERIOR GOVERNMENT OF THE REPUBLICK.

Only Chapter.

CXXIV. The superior Political Government of each Department shall reside in a Prefect.

CXXV. That of each Province in a Sub-Prefect.

CXXVI. That of the Cantons in a Governor.

CXXVII. In each Town, the Inhabitants of which amount to 100 Souls, including those within its boundary, there shall be a Justice of the Peace.

CXXVIII. Where the Population of a Town and its vicinity amounts to 1000 Souls, there shall be (besides a Justice of the Peace for each 200) an Alcalde; and where the number of Souls exceeds 1000, there shall also be a Justice of the Peace for every 500, and an Alcalde for every 2000.

CXXIX. The duties of Alcaldes and Justices of the Peace consist in giving counsel; and no Citizen, without just cause, shall be exempted from fulfilling them.

CXXX. The Prefects, Sub-Prefects, and Governors, shall continue in the exercise of their Functions for the period of 4 Years; but may be re-elected.

CXXXI. The Alcaldes and Justices of the Peace shall be renewed every 2 Years; but may be re-elected.

CXXXII. The Attributes of the Prefects, Sub-Prefects, Governors, and Alcaldes, shall be limited by Law, to the maintenance of publick order and security, with due subordination to the Supreme Government.

CXXXIII. They are prohibited from all judicial authority; but, should the publick tranquillity demand the arrest of any Individual, and circumstances not permit them to apprize the respective Judge, they may immediately order the same, rendering an account thereof, within 48 hours, to the competent Court of Justice. Whatever excess these Magistrates commit, relative to Individual security, or domicile, will render them liable to popular accusation.

TITLE IX.

OF THE ARMED FORCE.

Only Chapter.

CXXXIV. There shall be a permanent Armed Force in the Republick.

CXXXV. The Armed Force shall be composed of the Army of the Line, and a Squadron.

CXXXVI. In each Province there shall be Bodies of National Militia, composed of its Inhabitants.