« 이전계속 »
9. To organize, distribute, and employ the land and sea forces for the service of the Eepublic;
10. To employ the national guard in its respective provinces, without being able to remove it therefrom, except in the case of sedition in the adjoining ones, or in that of a foreign war;
11. To direct diplomatic negotiations and conclude Treaties of Peace, Friendship, Alliance, Trade, and whatsoever others, inserting in the same, the express stipulation that they shall be submitted to the Congress for the objects of the 15th power, Article LV of Chapter VIII;
12. To receive foreign Ministers and admit Consuls;
13. To appoint and remove the Ministers of State and Diplomatic Agents;
14. To decree leave of absence and pensions, conformably to the laws;
15. To exercise church patronage in conformity with the laws and existing usages;
16. To present, with the approbation of the Congress, for archbishop and bishop, the persons who have been elected according to the law;
17. To present for the dignities and canonries of cathedrals, for the cures of parishes, and other ecclesiastical benefices, conformably to the laws and existing usages;
18. To conclude Concordats with the Apostolic See, regulating its proceedings by the instructions given by the Congress;
19. To allow or refuse, with consent of the Congress, the introduction of the decrees of councils, pontifical bulls, briefs, and pontifical rescripts. Should the objects of such documents involve questions of law, the opinion of the Supreme Court of Justice must previously be taken;
20. To fill up vacant employments, the nomination to which has been entrusted to him by the Constitution and by special laws.
XC. His restrictions are:
1. He cannot quit the territory of the Eepublic without permission of the Congress, neither during the period of his official command, after it is ended, nor whilst the inquiry into his official conduct is going on;
2. He cannot command in person the armed force except with permission of the Congress; and in case of his commanding it, he shall only possess the powers of General-in-chief, subject to the law, and responsible to the same.
Chapter XII.—Ministers of State. XCI. The business of the public administration shall be despatched by the Ministers of State, and their number, as well as the branches, assigned to each, shall be declared by a law.
XCII. The orders and decrees of the President are to be signed by each Minister in his respective department, without which requisite they must not be obeyed.
XCIII. There shall be a Council of Ministers, whose organization and functions shall be detailed by the laws.
XCIV. The Ministers shall present to every Congress, at the time of its being installed, a report upon the state of their respective branches, and at any time whatsoever, the Bills which they deem expedient and the information required of them.
XCV. The Minister of Finance shall, moreover, present to the ordinary Congress, at the time of its installation, the account of the preceding year and the outline of the estimates of the following one.
XCVI. The Ministers may be present at the debates of the Congress, and at those of either of the Chambers, but they must retire before the votes are taken.
XCVII. The Ministers are responsible jointly and collectively for the resolutions dictated in Council, unless they enter their protest; and, individually, for the peculiar acts in their department.
Chapter XIII.—Internal Ghvernment of the Republic.
XCVIII. Peru is divided into departments and litoral provinces:
The departments into provinces; and the provinces into districts.
The particularizing of the departments, provinces, districts, and of their respective boundaries, shall be the object of a law.
XCIX. For the execution of the laws, that of judicial sentences, and for the preservation of the public order, there shall be Prefects in the departments and litoral provinces; Sub-Prefects in the provinces, Governments in the districts, and Lieutenant-Governors wherever they may be necessary.
C. The Prefects shall be under the immediate dependence of the head of the Executive Power; the Sub-Prefects under that of the Prefects, and the Governors under that of the Sub-Prefecta.
CI. The Prefects and Sub-Prefects shall be named by the Government from a double ternary list furnished to them by the departmental juntas; and the duration of their office shall be for two years.
The Governors shall be named from a single ternary list furnished by the local municipalities.
The head of the Executive Power can dismiss the Prefects and Sub-Prefects agreeably to the law.
CII. The powers of these functionaries and the mode of enforcing their responsibility shall be made known by a law.
CIII. The police functionaries charged with maintaining security and public order depend immediately upon the Executive, who shall nominate or dismiss them conformably to the law.
Chapteb XIV.—Departmental Juntas.
CIV. In the capital of each department there shall be a Junta composed of Deputies chosen in the way which the law requires, and whose duty it is to promote the interests of the department in general and those of the provinces in particular.
CV. The same qualifications are required for a Deputy to the departmental Junta as for a representative to Congress, with the additional one of being resident in the department.
CVI. Ecclesiastics and public employes who receive a salary from the State cannot be members of a Junta.
CVII. It belongs to the Junta to verify the elections of their members, and to clear up any doubts respecting them.
CVIII. At the time fixed by law, the Prefect shall open the sessions of the Junta, communicating to it in writing the state of public affairs as well as the improvements which it considers necessary for the department. If the Prefect does not notify the opening in time, it shall be notified by the Junta.
CIX. The departmental Juntas shall meet annually, their sittings shall be public, and shall last for the period determined by the law.
The order of their sittings shall be determined by an internal regulation.
CX. They shall exercise the deliberative, consultative, and jurisdictional powers assigned by the law for the encouragement of all the means of progress within the department.
They shall moreover make the necessary charges against the local functionaries of the Executive Power, whenever they violate the Constitution, the electoral law, or those relative to the interests of their departments.
CXI. The law shall determine the funds of which the Juntas may avail themselves for the accomplishment of their duties.
CXI I. The resolutions of the Juntas shall be ordered to be carried into effect by the Prefects at the time and in the form which the law determines; and those which are at variance with express laws shall be null.
CXIII. The Juntas shall be renewed by one-half every year, the same being effected in the first year by lot.
Chapteb XV.—Municipalities. CXIV. There shall be municipalities organized according to the law in all the places appointed by the latter. [1856-67. Xlth.] 4 E
CXV. To the municipalities belong the administration, care, and encouragement of the local interests and those of the respective establishments which are within their territory; they are equally charged with the formation and preservation of the civic register as well as of that of the population, conformably to the law.
CXVI. The election of the members of the municipalities shall be effected by citizens in exercise of their rights, in the manner appointed by the law, and neither ecclesiastics nor employes in receipt of a salary from the State are eligible.
CXVII. The administration of the municipal funds shall exclusively belong to the magistrates, <fcc, in conformity with their respective regulations.
Ciiapteb XVI.—Pullic Armed Force.
CXVI1I. The object of the public armed force is to guarantee the rights of the nation abroad, and to secure order and the due execution of the laws at home.
Military obedience shall be subordinate to the Constitution and the laws.
CXIX. The public armed force is composed of the National Guards, of the Army, and Navy, under the organization designated by the law. All employment of the armed force belongs to the public.
CXX. The national guards shall be organized in the proportion determined by the law, but no province shall fail to have at least one body of militia.
CXXI. There cannot be in the army more than two Generals of division and four of brigade; nor in the navy more than one BearAdmiral.
CXXII. There shall be no Generals commanding-in-chief, except in timo of war declared conformably to this Constitution.
CXXIII. Recruiting is forbidden; the public armed force can only be raised by the means expressly provided by the law.
Chaptku XVII.—The Judicial Power.
CXXIV. Justice shall be administered by the tribunals and courts of justice.
CXXV. The members of the judicial power are removable, and the law shall fix the duration of their employments.
CXXVI. There shall be in the capital of the Republic one Supreme Court of Justice, in those of the departments, Superior Courts, according to the judgment of the Congress; in the provinces, Courts of Instance, and in all the towns, Courts of Justices of th« Peace.
The number of the courts of first instance in the provinces, and that of justices of the peace courts in the towns, shall be determined by a law.
CXXVII. The voting members of the Supreme Court shall be nominated by the Congress from a double ternary list furnished to it by the Executive Power; those of the superior courts and of the courts of first instance shall be nominated by the Executive from double ternary lists furnished by the Departmental Juntas.
CXXVIII. Publicity is essential in trials; the tribunals cannot deliberate in secret, but the votes must be given aloud and with open doors.
The reasons for the sentences shall be given, as well as the law or general principle upon which they are grounded.
CXXIX. Every trial by commission is prohibited.
CXXX. No power nor authority can remove to itself law-suits pending in another court, nor remove them to a court of another instance, nor revive law-suits already decided.
CXXXI. Magistrates and judges incur State prosecutions for:
3. Abbreviation or suspension of the judicial forms.
4. Illegal procedure against individual guarantees.
(CXXXII. For watching over the execution of the laws there shall be a National Fiscal or Legal Commissioner in the capital of the Republic, fiscals and agents of the same in the towns, all possessing the powers designated by the law.
CXXXIII. The National Fiscal shall be nominated in the same manner as are the voting members of the Supreme Court of Justice; those of the departments like the voting members of the superior courts, and the fiscal agents as the judges of first instance.
Chapter XVIII.—Reform of the Constitution. CXXXIV. AVhen one or more Constitutional Articles are to be reformed, the "Bill for that purpose must be approved of in three successive Legislatures, and, as is the case with every Bill, must be ; previously discussed in each of the Chambers.
Chapteb XIX.—Temporary Provisions.
CXXXV. The renovation of the Congress in the two first Legislatures shall be effected by lot.
CXXXVI. The Vlth Article does not destroy the property of the employes, nor the rights acquired by them up to the date of tbia Constitution.
CXXXVII. The Articles XXXIII and XXXIV do not deprive of the rights attached to the being a Peruvian by birth or by natura