ÆäÀÌÁö À̹ÌÁö
PDF
ePub

DECREE of the Council of Government, relative to the publication of the Constitution, and the election of Simon Bolivar as President, of Peru.-30th November, 1826.

(Translation.)

THE COUNCIL OF GOVERNMENT OF THE PERUVIAN REPUBLICK.

CONSIDERING the Petition addressed to the Government, on the 21st of the month of April of the present Year, by 52 Deputies to the National Congress;

Considering the Communication of His Excellency the Liberator, Simon Bolivar, made to the Council of Government on the 27th of the same month and Year, with reference to the above-mentioned Petition which was transmitted to him;

Considering the Decree issued, under date of the 1st of May last, by the Council of Government, in consequence of the wishes expressed in the said Petition, and of the opinion delivered by the Liberator;

Considering the Circular Note addressed, pursuant to the Order of the Council of Government, by the Ministry of the Interior to the Prefects of Departments, submitting to popular examination and sanction, by means of the Electoral Colleges of the Republick, the Project of the Political Constitution presented by the Liberator of the Bolivian Republick, and certain modifications thereof adapted to the character and interests of the Peruvian Nation;

Considering the 59 Original Acts, which contain the decisions pronounced by the Electoral Colleges, approving and sanctioning the said Project of a Constitution for Peru; and proclaiming the Liberator, Simon Bolivar, as the only Person who could and ought to hold the high functions of President for life of the Republick, as regulated by the said Constitution;

Considering the Note sent by the Ministry of the Interior to the Illustrious Municipality of this Capital, by order of the Government, and the Reply of the said Publick Body, by which it appears that the said Municipality had examined the original Acts of the Electoral Colleges, and found them conformable with those printed in furtherance of the Constitution; that all of them have sanctioned the Project of Constitution submitted to their judgment, to the end that it might become a Fundamental Law of the Republick, and have prescribed, as an indispensable condition, that the Liberator, and no other Person, should be President of the Republick ;

And considering,-1st. That the said decisions of the Electoral Colleges have also been supported, by the unanimous and spontaneous Acclamations of the People, and by the free and energetic voice of an infinite number of Municipalities, and also of Civil, Ecclesiastick, and

Military Bodies, all impelled by a lively desire to see the wishes of the Electoral Colleges accomplished, as the only means of insuring the repose and prosperity of the Country;

2d. That to the Council of Government appertains the sacred duty, of proclaiming the National Will, and of seeing that it be entirely fulfilled, inasmuch as it is the first Authority of the Nation, and is bound to provide for its security no less than for its felicity and glory;

3d. That the Will of a Nation has never been manifested with so much legitimacy, order, decorum, and liberty, as on the present occasion, upon which Citizens, spread over an immense Territory, and without the possibility of Foreign power or influence being employed, have concurred in expressing a wish, which proves the urgent necessity which exists for a reform in our Institutions, and the admirable wisdom and prudence of this generous Nation, worthy of the independence and liberty which it has conquered;

By reason of these powerful motives, it has resolved to decree, and decrees:

ART. I. That, in conformity with the National Will, urgently expressed, the Project of the Constitution, submitted to popular sanction on the 1st of July last, is the Fundamental Law of the State, and that His Excellency the Liberator, Simon Bolivar, is the President for life of the Republick, under the beatified title of Father and Saviour of Peru, which the gratitude of Congress has conferred upon him.

II. That after this Fundamental Law shall have been proclaimed with every possible solemnity in all the Towns of the Republick, on the 9th day of December next, the anniversary of the glorious day of Ayacucho, which established the Independence of Peru, the Oath, to guard, fulfil, and observe the new Constitution of the State, shall be taken by all the Publick Functionaries of the Capital.

III. That the manner, time, and form, of taking that Oath, by the Authorities and Citizens, as well in the Capital as in the Departments, shall be fixed by a special Decree.

IV. That this grand Event shall be announced to the Liberator by means of a formal Message, and to the Governments with which Peru has entered into relations, by means of Official Communications.

V. That when the Constitution shall have been proclaimed and sworn to, the necessary measures shall be taken for preparing Lists of the Citizens, who, in conformity therewith, shall compose the Electoral Colleges, to the end that, on the 20th day of September of the ensuing Year, the Legislative Body may be assembled.

VI. That the Ministry of Foreign Affairs and of the Interior be specially charged with the execution of this Decree, and do circulate it amongst those who should receive the same, and give it every possible publicity.

Given in the Palace of the Supreme Government, in the Capital of Lima, on the 30th of November, 1826. 7 and 5.

ANDRES SANTA CRUZ, President.

JOSE DE LARREA Y LOREDO, Councillor.
THOMAS HERES, Councillor.

JOSE MARIA DE PANDO, Councillor,

Minister of the Interior.

CONSTITUTION for the Republick of Peru. Promulgated in Lima, 8th December, 1826.

IN THE NAME of God.

TITLE I.

OF THE NATION.

CHAPTER I.-Of the Peruvian Nation.

(Translation.)

ART. I. The Nation of Peru is the union of all Peruvians.

II. Peru is, and ever shall be, independent of all Foreign Do. minion; and cannot be the patrimony of any Person or Family.

CHAPTER II. Of the Territory.

III. The Territory of the Peruvian Republick, comprehends the Departments of La Libertad, Junin, Lima, Arequipa, Cuzco, Ayacucho, and Puno.

IV. It is divided into Departments, Provinces, and Cantons.

V. A Law shall render the division more convenient; and another shall determine its limits, by agreement with the adjoining States.

TITLE II.

OF THE RELIGION.

VI. The Religion of Peru is the Catholick, Apostolick, Roman.

TITLE III.

OF THE GOVERNMENT.

CHAPTER I.-Form of the Government.

VII. The Government of Peru is Popular Representative. VIII. The Sovereignty emanates from the People, and its exercise resides in the Powers which this Constitution establishes.

IX. The Supreme Power is divided for its exercise into Four Sections :-The Electoral, Legislative, Executive, and Judicial.

X. Each Power shall exercise the Attributes assigned to it by the Constitution, without exceeding its respective limits.

CHAPTER II.-Of Peruvians.

XI. Are Peruvians:

1. All who are born in the Territory of the Republick.

2. The Children of a Peruvian Father or Mother, born out of the Territory, so soon as they legally manifest their wishes to domicile in Peru.

3. The Liberators of the Republick, declared as such by the Law of the 12th of February, 1825.

4. Foreigners, who obtain Letters of Naturalization, or who have resided 3 years in the Territory of the Republick.

XII. It is the duty of every Peruvian :

1. To live in submission to the Constitution and Laws.

2. To respect and obey the Constituted Authorities.

3. To contribute to the Publick Expences.

4. To sacrifice his property, and even life, should the safety of the Republick demand it.

5. To watch over the preservation of Publick Liberty.

XIII. Peruvians who are deprived of the exercise of the Electoral Power, may enjoy all the civil rights conceded to Citizens.

XIV. In order to be a Citizen it is necessary:

1. To be a Peruvian.

2. To be married, or more than 25 Years of age.

3. To be able to read and write.

4. To have some employment or mode of livelihood; or to profess some art or science, without being subject to another Person in the capacity of Domestick Servant.

XV. Are Citizens:

1. The Liberators of the Republick. (Art. XI. 3.)

2. Foreigners who have obtained Letters of Citizenship.

3. Foreigners, married to Peruvians, subject to the conditions, 3d and 4th, of Article XIV.

XVI. Citizens of the Nations of America, formerly Spanish, shall enjoy the rights of Citizenship in Peru, according to the Treaties which may be made with those Nations.

XVII. Those only who are in the exercise of Citizenship, can obtain Publick Offices and Employments.

XVIII. The exercise of Citizenship is suspended:

1. By insanity.

2. By the stigma of being a fraudulent Debtor.

3. By being criminally prosecuted.

4. By being a notorious drunkard, gambler, or mendicant.

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.

« ÀÌÀü°è¼Ó »